257, 259 and 291 Lake Shore Boulevard East, 2 Small Street and 200 Queens Quay East - Minutes of Settlement with Redpath Sugar Ltd.

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The decision

2026-06-24 · Toronto City Council · adopted

As filed

City Council on June 24 and 25, 2026, adopted the following: 1. City Council adopt the confidential instruction to staff in Confidential Attachment 1 to the report (June 11, 2026) from the City Solicitor. 2. City Council authorize the public release of the confidential instruction to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (June 11, 2026) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 11, 2026) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (June 11, 2026) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council authorize the City Clerk and the Chief Financial Officer and Treasurer to execute Amending Minutes of Settlement, to amend the Minutes of Settlement between Redpath Sugar Ltd., Toronto Waterfront Revitalization Corporation and the City of Toronto, dated November 14, 2011, to the satisfaction of the City Solicitor in consultation with the Executive Director, Development Review, and substantially in accordance with Confidential Appendix A to Confidential Attachment 1 to the report (June 11, 2026) from the City Solicitor. 2. City Council authorize the City Solicitor to take all necessary and reasonable actions to implement City Council's decision. Confidential Appendices A and B to the report (June 11, 2026) from the City Solicitor are now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (June 11, 2026) 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 that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (June 11, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Redpath Sugar Ltd. ("Redpath") operates a refining, processing, packaging, and storage of sugar and sugar-related products facility which, among other things includes the operation of an electrical co-generation system on the lands known municipally as 95 Queens Quay East (the "Redpath Facility"). There is a November, 2011 agreement (the "November 2011 Minutes") between the City, Redpath, and the Toronto Waterfront Revitalization Corporation (whose obligations have been assumed by the owner of 257 to 259 and 291 Lake Shore Boulevard East, 2 Small Street and 200 Queens Quay East ("Quayside Blocks 1 and 2"), which binds the parties to procedural and substantive obligations related to the assessment and mitigation of the Redpath Facility's environmental impacts on nearby sensitive uses.

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The regulatory framework guiding the development of sensitive land uses in proximity to industrial uses has evolved since the November 2011 Minutes were executed. More particularly: the provincial noise guidelines in effect at the time the Minutes were executed, "Noise Assessment Criteria in Land Use Planning, Publication LU-131" ("LU-131") and "Sound Level Limits for Stationary Sources in Class 1 and 2 Areas (NPC-205)" ("NPC-205") , have been replaced with "Environmental Noise Guideline, Stationary and Transportation Sources - Approval and Planning (NPC-300)" ("NPC-300"). In addition, Ontario Regulation 1/17 - Registrations Under Part II.2 of The Act - Activities Requiring Assessment of Air Emissions, was made pursuant to the Environmental Protection Act ("O. Reg. 1/17") in 2017, and "Environmental Activity and Sector Registry - Limits and Other Requirements, version 3" (the "EASR Publication") was released in 2021, and set out updated requirements related to odour emissions. The City Solicitor requires instructions about potential modifications to the November 2011 Minutes. As the Quayside Blocks 1 and 2 development review process is ongoing, and the content of the November 2011 Minutes is relevant to the review, this matter is urgent and should not be deferred.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, along with the entirety of Confidential Appendix A and the entirety of Confidential Appendix B to this report from the City Solicitor, if adopted by City Council.

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3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, 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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