Legal Advice in response to Provincial Order Requiring Individual Environmental Assessment for new Multi-Use Trail

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The decision

2023-03-29 · Toronto City Council · adopted

As filed

City Council on March 29, 30 and 31, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 8, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 8, 2023) from the City Solicitor at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (March 8, 2023) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege and information regarding potential litigation. Confidential Attachment 1 to the report (March 8, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege and information regarding potential litigation. The confidential instructions to staff in Confidential Attachment 1 to the report (March 8, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

The vote

Adopt Item · Carried, 22-1

Against (1)Stephen Holyday

Absent (2)James Pasternak, Lily Cheng

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On the agenda

As the city filed it

In 2021, the City and Toronto and Region Conservation Authority applied for approval to plan and carry out the construction of a multi-use trail under the Municipal Class Environmental Assessment provisions of the Environmental Assessment Act (the "Act"). The particular project is to build an 800-metre trail to close a gap in the Humber River Recreational Trail (the "Trail") from Mallaby Park west of St. Phillip's road to the southern entrance to Crawford-Jones Memorial Park off Cardell Ave (the "Project").

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On January 18, 2023, the Minister of Environment, Conservation, and Parks (the "Minister") issued an order requiring that the City and Toronto and Region Conservation Authority carry out an individual environmental assessment of the Project (the "Order"). The Order states that allowing the Project to proceed on the basis of the Municipal Class Environmental Assessment would not be consistent with the purposes of the Act. Confidential Attachment 1 provides further information and advice regarding the Minister's decision.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in the Confidential Attachment. 2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1 at the discretion of the City Solicitor. 3. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety as it contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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