Proposed By-law Amendment to Provide Access to Social Infrastructure

Since that time, staff have been advancing work on a proposed bylaw in response to Council direction. The City Manager's Office and Legal Services worked closely together, in consultation with the Toronto Police Service, and informed by feedback from City divisions with applicable subject-matter expertise, such as Corporate Real Estate Management (Corporate Security), Municipal Licensing and Standards, Social Development, Strategic Public and Employee Communications, and Transportation Services. City staff were mindful of the various needs and priorities in undertaking this work, including respecting Charter rights, applying a reconciliation and equity lens, keeping Toronto safe for all, and taking a balanced and measured approach that considers all diverse perspectives and options to respond to Council's direction and support informed decision-making. City staff conducted a jurisdictional scan reviewing applicable bylaws and legislation to support the development of a proposed bylaw. A literature search was also conducted to identify relevant and available research to support City staff's work. Additional factors unique to Toronto that were considered include the City's sprawl and density, its built environment including public right-of-way widths, the City's role in bylaw administration and enforcement, and Toronto's diversity. The City undertook a multi-pronged approach for public consultation to maximize opportunities for public input and enable broad participation and inclusive representation. The consultation approach prioritized inclusivity, safety, access and privacy. Third-party consultant services were procured to support the consultation and facilitate the comfort and safety of all participants in providing input to the City. The consultation gathered input and feedback through the following methods: - Survey: an anonymous online survey was available between March 17, 2025 and May 1, 2025 - Written Submissions: comments via email were accepted between March 17, 2025 and May 1, 2025 - Public Sessions: two virtual public sessions took place on April 22, 2025 and April 30, 2025 - Community-Focused Discussion Sessions: small group discussions took place with individuals from and organizations representing Indigenous, Black, equity-deserving groups, 2SLGBTQ+, racialized communities, newcomers, youth, seniors, as well as legal and civil liberties groups, human rights organizations, faith-based groups, environmental sector, unions and labour organizations, public transit and climate justice advocates Key themes from the public consultation included: - Polarization of opinion in terms of strong support for or strong opposition to a potential proposed bylaw - Concern about potential infringement of rights protected under the Canadian Charter of Rights and Freedoms - Support for demonstrations in Toronto - Ability for the City to explore and/or utilize other existing enforcement tools to address concerns about demonstrations - Lack of clarity around the definition of "vulnerable institutions" Based on learnings from the jurisdictional scan, research and diverse feedback received through the public consultation process, City staff recommend amending the Streets and Sidewalks By-law to include new provisions as outlined in Attachment 5. The proposed bylaw amendment affirms that the City's streets and sidewalks are for all, and that residents should not be impeded from access to social infrastructure and its programs and services. The proposed bylaw amendment leverages and builds upon an existing City by-law to ensure access to social infrastructure by prohibiting certain activities and conduct on City property. The proposed by-law amendment would direct staff to establish an Access Area prohibiting specific behaviours which prevent access to prescribed Social Infrastructure for a 180-day period upon a request from the Owner (property owner or operator) that meets listed criteria. By scoping the application of the proposed bylaw amendment to specified locations where prohibited actions have occurred and times in relation to the locations' operations, the bylaw amendment aims to protect access to the Social Infrastructure while limiting the potential impairment on Charter rights. A request-based approach would enable Owners of specified locations to request an Access Area, in which prohibitions under the proposed bylaw amendment would apply to respond to access barriers and mitigate impacts on the community, based on the circumstances at a point in time. The proposed bylaw amendment would apply to prescribed Social Infrastructure, defined as a Childcare Centre, a Place of Worship or a School, to mitigate barriers to access where identifiable communities and children (i.e. minors) gather. An established Access Area would cover any City property that is within 20 metres from the boundaries of the property on which the prescribed Social Infrastructure is located. The 20-metre distance reflects consideration of a reasonable perimeter that achieves the intended objective of protecting access to the prescribed Social Infrastructure, while being minimally impairing on Charter rights and operationally practicable in relation to Toronto's built environment. Should Council adopt the proposed bylaw amendment, it could provide Bylaw Enforcement Officers supported by Toronto Police Service with an additional mechanism to assist them in enabling safe access to social infrastructure. As part of an education-first approach, the proposed bylaw amendment could also be used as an educational tool to promote proactive and voluntary compliance. The proposed by-law amendment also contains a provision requiring that enforcement staff would provide notice of bylaw contravening activity prior to laying any charges. This would allow persons to voluntarily comply with the by-law prior to being subject to any further enforcement action. The bylaw would permit By-law Enforcement Officers to escalate from education to enforcement when education has not been effective in stopping the prohibited activities. Further, with a clear statutory prohibition in place, police would be able to utilise the Trespass to Property Act more easily. If adopted by Council, the City Manager's Office will support Transportation Services to administer the proposed bylaw amendment as part of the transition to prepare for the new bylaw provisions coming into effect. Transportation Services will be responsible for the administration of the proposed bylaw amendment, including the intake, processing and review of requests, liaison with stakeholders, complaints/appeals process and public notice requirements. This report recommends the proposed by-law amendment come into effect on July 2, 2025. If adopted by Council, as of July 2, 2025, the City will begin accepting requests for Access Areas. Information on the request process will be communicated as part of the public education, communication and outreach campaign as recommended below. To ensure the public is aware, understands the new regulations that would be coming into effect and how the bylaw would be enforced, a comprehensive multi-lingual public education and communications campaign, in collaboration with the Toronto Police Service, is recommended. The Customer Experience Division would also be engaged to ensure residents are provided with the required information and assistance through 311 Toronto. Targeted engagement and outreach to Owners of the prescribed Social Infrastructure will be conducted to ensure they understand the bylaw's application and request process for an Access Area. Through the public consultation process and directed engagement with Indigenous, Black and equity-deserving communities, the City received feedback expressing the critical importance of demonstrations and the potential negative impact on freedom of expression and civic engagement. While the proposed bylaw amendment would not prohibit peaceful gatherings, protests or demonstrations, including any such activities that occur as part of a labour union strike, information pickets and/or activities related to labour disputes, the City recognizes that the existence of bylaw provisions of this nature may result in community members feeling like they are unable to peacefully demonstrate. Targeted engagement and outreach to these groups will be conducted to ensure comprehensive communication of the bylaw amendment's application and implementation, in consultation with Social Development.

4. City Council forward this item for information to the Toronto Police Service Board.