Response to Auditor General's Outstanding Recommendation Regarding Section 37 and Section 45 Funds Not Received in 2008-2017 Approvals

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The decision

2019-10-29 · Toronto City Council · amended

As filed

City Council on October 29 and 30, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning. 2. City Council direct the Chief Planner and Executive Director, City Planning to report to City Council in January 2020 on any additional outstanding funds that have been received.

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3. City Council direct that Confidential Attachment 1 to the report (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

On the agenda

As the city filed it

This report responds to the Auditor General's recommendation to the City Council with respect to funds secured under Sections 37 and 45 of the Planning Act, and that the Chief Planner assess the status of community benefits secured since amalgamation (January 1, 1998). The Chief Planner was asked to provide an appropriate level of assurance that cash that should have been received, has been received and to report on any uncollectible benefits.

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A report was adopted by the Planning and Growth Management Committee on March 22, 2012 which provided an analysis of Sections 37 and 45 approvals from 1998 through 2007. This report provides an analysis of approvals from 2008 through to 2017 and responds to the Committee's request that City Planning staff, in cooperation with Legal and Finance staff continue to investigate and pursue outstanding Section 37 and Section 45 funds which are due but for which no records of payments have been found. An examination by City Planning staff reveals that a total of $486.5 million has been secured from 554 Section 37 and 45 approvals from 2008 through to 2017. A line by line analysis of the outstanding funds reveals that approximately $3.3 million was to be paid but never received. Through collection efforts $2.6 million was recovered, leaving $701,387 that related to 5 developments as potentially outstanding where no record of payment has been found to date. These 5 developments are listed in Attachment 1 to this report.

Staff recommended

The Chief Planner and Executive Director, City Planning and the City Solicitor recommend that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report dated August 12, 2019 from the City Solicitor and the Chief Planner and Executive Director, City Planning. 2. City Council direct that Confidential Attachment 1 to the report dated August 12, 2019 from the City Solicitor and

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the Chief Planner and Executive Director, City Planning remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege.

Considered

2019-09-17 · Planning and Housing Committee · adopted
Decision as filed
The Planning and Housing Committee recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning. 2. City Council direct that Confidential Attachment 1 to the report (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege.
2019-10-02 · Toronto City Council · deferred
Decision as filed
City Council on October 2 and 3, 2019, deferred consideration of Item PH8.8 to the October 29 and 30, 2019 meeting of City Council.
2019-10-29 · Toronto City Council · amended

On the record

The item as the City filed it

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