Toronto City Council

The full agenda, as filed

All 45 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.

Items 1 to 25 of 45Show 2550100all

• BL2.1adopted

  Introduction and Enactment of General Bills and Confirming Bills

  City Council will introduce General Bills and Confirming Bills.

  City Council on December 14 and 15, 2022, passed By-laws 61-2023 to 78-2023.

• CC2.1amended

  2023 Housing Action Plan

  All three levels of government share a common goal to create more housing to tackle affordability and provide homes for our growing population. Although legislation was recently introduced provincially that impacts our work, we share the same commitment to create more housing as quickly as possible. Voters in the last municipal election provided a mandate to me and to this council to make bold moves on housing. The City of Toronto continues to face a major housing and homelessness crisis. Over the last eight years, Council efforts have consistently focused on expanding a range of housing opportunities in all wards, including affordable, supportive and market homes, and is making good progress on delivering HousingTO. This includes the creation of the Open Door program, using our own lands to deliver new affordable rental and market housing through the Housing Now Initiative, and approving nearly 400,000 homes in the last 10 years. However, despite a multitude of initiatives by the City over that time affordability has worsened and a more aggressive approach is required to increase housing opportunities and enhance affordability. This includes looking at both new policy approaches and new models of housing delivery, such as approving as-of-right zoning for gentle density in neighbourhoods, and a new approach to simplifying housing delivery similar to Edmonton's overhaul of city-wide zoning by-laws and opportunities for new programs that may further enable the opportunity to deliver new homes. These efforts are not intended to create towers on every corner, but to support new forms of housing that will support our diverse communities, create space in our city for both renters and owners, and foster the expansion of communities in a fashion that is both responsible and sustainable. Council members heard loudly and clearly in the municipal election that housing is an issue our residents want the municipal government - and all governments - to address as quickly as possible. I campaigned and was elected on a mandate to get more housing, including affordable and supportive housing built and to get it built faster. Now is the time for us to take action to deliver on the mandate to get homes built. This term must be the moment when we pivot to embrace the changing nature of the City and its need for growth. As Chair of the Planning and Housing Committee, Councillor Brad Bradford will lead on these items through committee. Councillor Bradford and I are united in our steadfast commitment to address this urgent issue. We must move quickly to change City policies and advance new programs that will create new housing, be solutions-oriented, and demonstrate a strong commitment from Council to deliver the reforms needed to increase new housing and prioritize the supply of affordable and market rental housing that our residents and newcomers desperately need. Over the last several decades, many neighbourhoods in the City have lost population while others have been created from vacant land. We have a duty to current and future residents to distribute growth more equitably and ensure that we create walkable and complete neighbourhoods. Adding ownership, market rental and affordable rental housing needed to address the lack of housing supply, should complement and enhance existing communities.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council direct the City Manager to develop a "2023 Housing Action Plan" for the 2022-2026 term of Council to enable both market, non-market and hybrid housing production in order to achieve or exceed the provincial housing target of 285,000 new homes over the next 10 years, and report to the Executive Committee no later than March 2023 on how this Plan can be actioned in ways that further Toronto's climate goals and good planning, including enhancing the public realm and encouraging the creation of vibrant 15-minute neighbourhoods where most local trips are made by active transportation or by transit; the plan is to include the items listed below and, for each item, the timelines for City Council approval and implementation, potential units created and any other considerations: Official Plan Policy and Regulatory Components a. amended the City-wide Zoning By-law to be more permissive from a housing opportunities perspective; b. complete the review of the City's Official Plan to ensure that it aligns with the need for more housing in areas of the City identified for residential opportunities; c. review the City's urban design guidelines, heritage standards and urban forestry policies to ensure they align with the priority of optimizing the delivery housing opportunities for a range of housing forms; d. amend the Zoning By-law to increase zoning permissions on major streets; e. amend the Zoning By-law to create transition zones between commercial and residential areas; f. increase density within neighbourhoods through additional permissions including but not limited to multiplex permissions and removing exclusionary zoning; and g. revisit the plans for the Port Lands, Waterfront and other major change area projects to ensure housing density is optimized. Housing System Policy and Program Components h. develop community housing intensification plans with specific targets that support and grow existing co-op and non-profit rental homes plus add capacity for the sectors to be able to operate the new homes; i. update the Open Door program and existing affordable housing programs to prioritize partnerships with non-profit and co-operative housing partners to create permanently affordable housing; j. create a post-secondary housing strategy in partnership with post-secondary institutions on increasing the availability of student housing; k. develop a strategy to engage with School boards to encourage the creation of housing on their lands; l. develop training and trade strategies to promote local hiring as necessary to increase construction market capacity and other industrial strategy approaches and levers that can be advocated to increase housing production; and m. revisit approved Housing Now sites, including the opportunity to increase the residential density at 140 Merton Street, with the intention of increasing housing supply and supporting affordable housing delivery. Preservation of Toronto's Affordable Rental Housing Stock n. develop a strategy to ensure the preservation of rental replacement protections; o. ensure the preservation and expansion of the Multi-Unit Residential Acquisition program; and p. ensure the application of the "Official Plan Amendment (OPA) 453 - Policies to Address the Loss of Dwelling Rooms" apply to multi-tenant properties that will be brought under the new rooming house regulation. Public Accountability on Progress towards Overall Goals q. develop a publicly available database to track affordable rental units approved, under construction, built, and demolished under Chapter 667 of the Toronto Municipal Code and replaced through rental replacement and dwelling room Official Plan policies; r. ensure intensification is considered through the lens of the right to adequate housing, complete communities and the growth of infrastructure necessary to support livability, inclusion, sustainability and prosperity and explore an acceleration of infrastructure development to match the acceleration of housing development; and s. develop a strategy using feedback from the Rental Housing Opportunities Table to encourage a greater supply of purpose-built rental housing; The "2023 Housing Action Plan" is to include a high level summary of targeted timelines, and proactive targets for the approval and implementation of each component and the potential housing units that could be created by such initiatives and any other relevant considerations. 2. City Council enact Zoning By-law amendments substantially in accordance with Attachments 1 and 2 to the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health, with the draft Zoning By-laws amended as follows, and by Parts 3 and 4 below: a. set the maximum number of dwelling rooms in a multi-tenant house as 6 in all zones in the former City of Etobicoke, former City of North York, and former City of Scarborough where the current draft by-law would permit multi-tenant houses with 12 or 25 dwelling rooms located within the boundaries of the former City of Etobicoke, former City of North York, and former City of Scarborough. 3. City Council direct staff to revise the draft Zoning By-law Amendments, attached as Attachments 1 and 2 to the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health prior to the introduction of Bills to Council to set the minimum parking rate for a multi-tenant house as zero (0) parking spaces per dwelling room for areas of the city that are within the boundaries of the former City of Toronto or within one of the parking Policy Areas of Zoning By-law 569-2013, and set the minimum parking rate for a multi-tenant house as 0.34 parking spaces per dwelling room, for all other areas of the City. 4. City Council revise the effective implementation date in both the draft Zoning By-law Amendments, attached as Attachments 1 and 2, and the Licensing By-law, attached as Attachment 4, and wherever it is referenced in the recommendations in the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health, to March 31, 2024, to align with the phased implementation timeline for the Multi-tenant House regulatory framework. 5. City Council direct that, before introducing the necessary Bills to City Council for enactment, the draft Zoning By-law shall be in a form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor. 6. City Council determine that, pursuant to Section 34(17) of the Planning Act, no further notice is necessary in respect of the changes to the draft Zoning By-laws in Parts 2 to 5 above. New multi-tenant House Licensing By-law 7. City Council direct that, effective March 31, 2024, a new By-law titled Toronto Municipal Code Chapter 575, Multi-tenant Houses, be established substantially in the form attached as Attachment 4 to the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health and in accordance with City Council's decision to adopt the By-law. 8. City Council repeal former City of Toronto Chapter 285, Rooming Houses, and former City of Etobicoke Chapter 166, Lodging Houses, effective March 31, 2024. 9. City Council exempt fraternities and sororities from the Multi-tenant House Licensing By-law. Definitions 10. City Council direct that the new By-law include the following definitions: MULTI-TENANT HOUSE - 1. A building with four or more multi-tenant house rooms, inhabited or intended to be inhabited by persons who do not live together as a single housekeeping unit. For the purposes of this definition of a multi-tenant house, a "multi-tenant house room" is a room that: a. is used or intended to be used for living accommodation and is used or intended to be used as a bedroom; b. is available for rent; and c. may include a bathroom or kitchen facilities for the exclusive use of the room's occupant but does not include both. 2. A building located within the area bounded on the north by Dundas Street West, on the east by Dufferin Street and the rail lines, on the South by Lake Shore Boulevard West and on the west by Roncesvalles Avenue, where: a. the building is a converted house as defined in former City of Toronto General Zoning By-law 438-86; b. the building contains more than three dwelling units; c. the average floor area of the dwelling units is less than 65 square metres; and d. one or more dwelling units are intended to be used in return for remuneration. For the purposes of this definition of a multi-tenant house, a "dwelling unit" is living accommodation for persons living together as a single housekeeping unit, in which both food preparation and sanitary facilities are provided for the exclusive use of the occupants of the unit. 3. A student fraternity or sorority house with four or more bedrooms, inhabited or intended to be inhabited by students who are members of an active chapter of a bona fide national or international student fraternity or sorority. For the purposes of this definition of a student fraternity or sorority house, a "bedroom" is a room that: a. is used or intended to be used as a bedroom; and b. may include a bathroom or kitchen facilities for the exclusive use of the room's occupant but does not include both. 4. A multi-tenant house does not include: a. residential premises licensed or similarly approved of by the Government of Ontario or the Government of Canada; b. shelters operated by or on behalf of the City or a City agency which provide short-term emergency accommodation and associated services; c. student housing operated by a college or university; d. co-operative student residences owned or leased by a non-profit, non-share corporation and providing housing accommodation on a co-operative basis; or e. hotels or motels. OPERATOR - A person who owns or controls the business of operating a Multi-Tenant House. PERSONAL-CARE MULTI-TENANT HOUSE - A multi-tenant house where personal-care services are provided. PERSONAL-CARE SERVICES - 1. Services provided to tenants including but not limited to furnished multi-tenant house rooms, 24-hour urgent care response, safe storage and access to prescribed drugs, meals and snacks, personal laundry and opportunity to participate in social and/or recreational activities. 2. Personal-care services do not include services provided by a regulated health professional URGENT SERVICE REQUEST - Any tenant service request related to the discontinuance of the following vital services: a. Fuel; b. Electricity c. Gas; d. Heat; and e. Hot or cold water. Multi-tenant House Licensing 11. City Council direct that no person operate without the appropriate licence and that all operators operate in compliance with the chapter, their licence, and any conditions added to their licence. 12. City Council direct that when a completed application to renew a licence has been provided to the Executive Director, Municipal Licensing and Standards, the existing licence does not expire until a final decision on the licence renewal has been made and the operator shall maintain their existing licence in good standing including remaining responsible for the operation of the multi-tenant house in compliance with the chapter at all times. 13. City Council direct that the following two licence categories be established for multi-tenant houses: a. Type A: Multi-tenant house (which is not a personal-care multi-tenant house); and b. Type B: Personal-care multi-tenant house. 14. City Council direct that the term of a multi-tenant house licence be 12 months unless otherwise provided for in the chapter, and that each operator must renew their licence each year by submitting a renewal application. 15. City Council require that an applicant for an initial licence provide the following information to the Executive Director, Municipal Licensing and Standards, as part of their application, and that the Executive Director, Municipal Licensing and Standards determine what an applicant must submit as part of a licence renewal application: a. the name and contact information of the operator; b. the address of the property where the multi-tenant house is located; c. the name and contact information of the property owner; d. for multi-tenant houses that contain 10 or more multi-tenant rooms or dwelling units on first applying for a licence under this chapter, or for any multi-tenant house where required by the Executive Director, Municipal Licensing and Standards proof of an electrical evaluation by a licensed electrical contractor or qualified person; logs of service; and/or a certificate of inspection from the Electrical Safety Authority that confirms the multi-tenant house complies with the Ontario Electrical Safety Code; e. proof of compliance with zoning when applying for an initial licence and a statement confirming no change to such compliance on renewal where appropriate; f. plans showing: compliance with the Ontario Fire Code; the exterior and interior layout of the premises; the maximum number of tenants to be provided with living accommodation; and the processes for waste management, property management, tenant service requests and pest management; g. for Personal-care multi-tenant houses, the name and contact information for the person-in-charge and proof of the qualifications of the operator and their staff to ensure the proper care of tenants, including educational requirements and background checks. h. for Personal-care multi-tenant houses, a safety plan that describes the measures and procedures that are in place to protect the health and safety of the tenants in a form satisfactory to the Medical Officer of Health; i. for Personal-care multi-tenant houses, a personal care plan that describes how the operator will manage tenant admissions and tenant care in a form satisfactory to the Medical Officer of Health; j. the application or renewal fee for the licence set out in Chapter 441, Fees and Charges; and k. any other information as required by the Executive Director, Municipal Licensing and Standards, or the Medical Officer of Health. 16. City Council require that an applicant for an initial licence provide the following information to the Executive Director, Municipal Licensing and Standards, as part of their application: if the operator is a corporation, the operator's registered business address in the Province of Ontario and the name and contact information of the operator. 17. City Council direct that on receipt of a complete application, the operator, Municipal Licensing and Standards, provide notice to the tenants of the multi-tenant house by posting the notice of application on the notice board in the multi-tenant house. 18. City Council direct the Executive Director, Municipal Licensing and Standards, to create a public record of applicants with their business contact information, posted in an accessible way for community residents and tenants to access. 19. City Council direct that upon submission of a complete application, the Executive Director, Municipal Licensing and Standards, may cause an inspection to be made of the multi-tenant house by any authority having jurisdiction to determine whether the multi-tenant house complies with all applicable law, including the Ontario Fire Code and Ontario Building Code. 20. City Council direct that the Executive Director, Municipal Licensing and Standards, may issue a licence for a multi-tenant house where: a. the licence application is complete and in compliance with the chapter, including the payment of any required fee; and b. the required inspections have been completed and the results provided to the Executive Director, Municipal Licensing and Standards, indicate that the premises complies with the applicable By-laws and Laws, including the Ontario Fire Code and the Ontario Building Code. 21. City Council direct that the Executive Director, Municipal Licensing and Standards, may refuse an application for a licence where: a. the operator has not met one or more of the requirements under the chapter or one of more of conditions on their current licence; b. the operator has not complied with the chapter or applicable law, including the Ontario Fire Code and the Ontario Building Code; c. the licence applicant or the operator has provided information in an application or by other means that is false or misleading; d. the operator has not paid any fee to be paid under the chapter; e. the operator has not paid any fine or court awarded costs resulting from a legal proceeding related to the chapter; f. the operator has not complied with any prohibition or other court order resulting from any legal proceeding related to the chapter; g. the operation of the multi-tenant house: i. would put the public safety at risk; or ii. is not or will not be carried on in compliance with the law; and h. the conduct of the operator (including, in the case of partnership, the conduct of its partners, employees or agents or in the case of a corporation, the conduct of its officers, directors, employees or agents) affords reasonable grounds for belief that the operator will not operate the multi-tenant house in compliance with the law or with honesty or integrity. 22. City Council direct that where the Executive Director, Municipal Licensing and Standards, refuses an application for a licence, notice shall be provided to the applicant together with the reasons for the refusal. 23. City Council direct that an applicant may appeal a refusal of an application to the Multi-Tenant House Licensing Tribunal by filing an appeal in a form satisfactory to the Multi-Tenant House Licensing Tribunal to the Tribunal by no later than 30 days from the date of the refusal. 24. City Council direct that where an applicant appeals a refusal of an application to the Multi-Tenant House Licensing Tribunal, the Tribunal will schedule a hearing, notifying applicant and the Executive Director, Municipal Licensing and Standards who will provide the Tribunal with the refusal on receiving the notice. 25. City Council direct that the Executive Director, Municipal Licensing and Standards may, at any time, refer a licence application or a licence to the Multi-Tenant House Licensing Tribunal with a recommendation that the licence be refused, revoked, suspended or continued with conditions, and that the referral include the reasons for that recommendation. 26. City Council direct that where an applicant appeals a refusal or a recommendation from the Executive Director, Municipal Licensing and Standards, is referred, the Multi-Tenant House Licensing Tribunal will preside over a hearing, after giving notice to the applicant or licence holder and the Executive Director, Municipal Licensing and Standards, where the Multi-Tenant House Licensing Tribunal, and render decisions based on the evidence presented in accordance with the Tribunal's Procedure By-law and the Statutory Powers Procedure Act and may: a. uphold the recommendation of the Executive Director, Municipal Licensing and Standards; b. issue (with or without conditions), refuse, suspend or revoke the licence; or c. add conditions to the licence. 27. City Council authorize the Multi-Tenant House Licensing Tribunal to attach conditions to a licence including, but not limited to requiring the operator to: a. comply with By-laws or other Laws or legal requirements and provide proof of such compliance; b. pay a fine or other court awarded costs resulting from a legal proceeding related to this chapter and to provide proof of such payment; c. comply with a prohibition or other court order resulting from a legal proceeding related to the chapter and to provide proof of such compliance; d. supply additional information on convictions under federal or provincial legislation or periodic updates of such convictions or both to the Executive Director, Municipal Licensing and Standards; e. supply information to verify evidence given at their hearing; or f. ensure that the persons operating a multi-tenant house do so in compliance with the law and with honesty and integrity. 28. City Council direct that the Multi-Tenant House Licensing Tribunal shall have regard to the following matters when relevant, as may be raised at a hearing: a. the Chapter and other applicable law; b. circumstances and facts raised by the evidence of the parties; c. if the operation of the multi-tenant house puts or could put public safety at risk; d. if the operation of the multi-tenant house is or will be carried on in compliance with the law; and e. if the conduct of the operator (including, in the case of a partnership, the conduct of its partners, employees or agents or in the case of a corporation, the conduct of its officers, directors, employees or agents) affords reasonable grounds for belief that the operator will not operate the multi-tenant house in compliance with the law or with honesty or integrity. 29. City Council direct the Executive Director, Municipal Licensing and Standards, to work with local Councillors to ensure that, if occupants of a rooming house cause repeated and material disruption to other community members, Municipal Licensing and Standards is informed and can exercise discretion to bring the relevant facts to the attention of the Multi-Tenant House Licensing Tribunal for consideration before renewal of the applicable licence. 30. City Council direct the Executive Director, Municipal Licensing and Standards, may revoke a licence with no refund where: a. the licence has been issued in error; or b. the licence has been issued as a result of inaccurate, misleading or otherwise incorrect information provided by the applicant. And the Executive Director, Municipal Licensing and Standards, shall give notice to the Operator of the revocation. 31. City Council require that an operator must notify the Executive Director, Municipal Licensing and Standards, at least 90 days in advance of a change in operator with the new operator applying for a new licence while the existing operator maintains the multi-tenant house in compliance with the chapter in the interim. 32. City Council direct that no licence under the Chapter shall be transferred. 33. City Council direct that all operators of Multi-Tenant Houses: a. only use, rent or permit the use or rent of a multi-tenant house or dwelling unit in compliance with the chapter and applicable law; b. repair and maintain the multi-tenant house in compliance with the Chapter; c. ensure that the operator responds immediately on inquiries about the operations of the multi-tenant house; d. maintain a notice board which posts conspicuously in the multi-tenant house documents as required by the Executive Director, Municipal Licensing and Standards, including updated copies of the licence, a document in a form satisfactory to the Executive Director, Municipal Licensing and Standards, listing and describing the parking rules for the street and surrounding area, and any on-site parking spaces designated for residents, contact information in the case of emergencies, and up-to-date plans, submitted as part of their most recent application form. e. comply with the most recent plans approved as part of the operator's application; and f. maintain records of all electrical work done at the multi-tenant house and all work demonstrating compliance with the most recent plans approved as part of the operator's application. Ending Operations 34. City Council direct that unless otherwise required By-law (including decisions of the Multi-Tenant House Licensing Tribunal), if an operator is ending their operation of a multi-tenant house, an operator shall: a. submit to the Executive Director, Housing Secretariat, for their approval, a transition plan at least 210 days in advance of ending operations; b. on receiving approval of a transition plan from Executive Director, Housing Secretariat, deliver to each tenant a written notice at least 180 days in advance Indicating the date on which operations will end; and c. if a tenant, so requests, take reasonable steps to find appropriate alternate accommodation for the tenant and meet all Residential Tenancy Act requirements. 35. City Council direct that a transition plan of an operator of a multi-tenant house shall include: a. a statement that the operator intends to end operations; b. the date on which the operator intends to end operations; c. the operator's reasons for ending operations; d. a description of how the operator intends to use the building after ending operations; e. the date by which the operator will give each tenant written notice of the date on which operations will end; f. a list of alternate accommodation that may be available to tenants; and g. a list of community organizations that may be affected by the end of operations. 36. City Council direct the Executive Director, Municipal Licensing and Standards, to provide information about active and inactive multi-tenant houses through the Open Data Portal. Personal-Care Multi-Tenant Houses Operators, Person-in-charge, and Staff 37. City Council direct that an operator of a personal-care multi-tenant house, or, when the operator is a corporation, each director of the corporation, meet the following minimum qualifications, and on application and when requested by the Executive Director, Municipal Licensing and Standards, provide documentation satisfactory to the Executive Director, Municipal Licensing and Standards, that they: a. are at least 18 years of age; b. hold an Ontario Secondary School Diploma (OSSD), or evidence of equivalent standing as determined by the Minister of Education; c. have three years employment experience in work comparable to the administration of personal-care multi-tenant houses; and d. have undergone a Vulnerable Sector Screening that meets the Screening Criteria. 38. City Council direct that a person-in-charge of a personal-care multi-tenant house meet the following minimum qualifications, and on application, renewal, or any time the person-in-charge changes, provide documentation satisfactory to the Executive Director, Municipal Licensing and Standards, that they: a. are at least 18 years of age; b. have current CPR and first aid training, as set out by the Medical Officer of Health; c. have completed Grade 10 in an Ontario Secondary School Certificate, equivalent standing or evidence of one year employment experience working in a personal-care setting, or other standard satisfactory to the Medical Officer of Health; and d. have undergone a Vulnerable Sector Screening that meets the Screening Criteria. 39. City Council direct that the operator of a personal-care multi-tenant house have a person-in-charge on-site 24-hours a day. The person-in-charge shall be responsible for, but not be limited to, ensuring the following: a. no tenant is denied access to supports, including access to alternative housing options which maintain or enhance the health and welfare of the tenant; b. the tenants are safe and secure; c. inquiries from the neighbourhood and others such as tenant families or friends, are responded to immediately; d. emergencies are handled in compliance with by-laws or other laws or legal requirements that apply and otherwise effectively and efficiently including emergency services being contacted immediately by the operator or staff if a tenant experiences a medical emergency; and e. there are sufficient staff on duty at all times. Tenant Admittance 40. City Council direct that operators of a personal-care multi-tenant house obtain from tenants an up-to-date assessment by a regulated health professional (physician, nurse, occupational therapist, physiotherapist), which includes the level of personal-care that the individual requires, as part of the tenancy application. 41. City Council direct that operators of a personal-care multi-tenant house provide each tenant the personal-care services that are set out in their assessment form. 42. City Council direct that if a tenant's needs exceed the level of care available in the personal-care multi-tenant house, the operator of a personal-care multi-tenant house assist in arranging transfer to a long-term care facility or other appropriate living arrangement, with agreement from the tenant. 43. City Council direct that the operator of a personal-care multi-tenant house to enter into a written tenancy agreement with each tenant, specifying all ongoing care services that will be provided. 44. City Council direct that operators of personal care multi-tenant houses collect and maintain the following in accordance with applicable law, with each being available to the City for inspection upon request: 1. a file for each tenant containing: a. the tenant's name, date of birth and gender; b. the date the tenancy started; c. the tenant's assessment; d. the tenancy agreement; e. the name, address and telephone number of the attending personal physician, if any; f. the name, address and telephone number of the next of kin or other person to notify in case of an emergency; g. a list of medication and/or other care prescribed by a regulated health professional; h. a list of any other agencies or organizations providing support to the tenant; i. he name, address and telephone number of the tenant's attorney for personal care and/or attorney for property; and j. a list of dates and particulars of any significant incidents involving the tenant while in the personal-care multi-tenant house. 2. records of the following incidents: a. an emergency, including a fire or unplanned evacuation of tenants; b. a sudden death, including a death resulting from accident or suicide; c. a tenant absence of 24 hours or more; d. an attendance by a law enforcement agency or emergency services provider that results in a criminal charge against the operator, staff or a tenant or their transportation to a hospital or other emergency care facility; or e. an allegation of abuse, threat of violence or danger to the life of the operator, staff or a tenant. 3. the safety plan and personal care plan provided as part of the application, which have been updated annually to address changes in operations. 45. City Council direct that the operator of a personal care multi-tenant house provides each tenant with: a. physician care; b. personal-care services; c. food and nutritional services; d. prescription drug services; e. bathroom, bedroom, linen and laundry services. Transition 46. City Council direct that licences held under former City of Toronto Chapter 285, Rooming Houses or former City of Etobicoke Chapter 166, Lodging Houses continue subject to those By-laws until they expire, at which time the operator much submit a new application under the new Chapter. Chapter 441, Fees and Charges 47. City Council direct a licensing fee for all multi-tenant house operators of $25.00 per multi-tenant house room or dwelling unit or bedroom for a new application and for licence renewals. 48. City Council direct an inspection fee of $150.00. 49. City Council direct that the schedule of multi-tenant house licensing fees be included in Chapter 441, Fees and Charges, as set out in Table 1. Table 1 Reference Number Service Fee Description Category Fee Basis Fee Annual Adjustment New Private Properties Application fee: multi-tenant house operator City Policy Per room and per application $25.00 Yes New Private Properties Renewal fee: multi-tenant house operator City Policy Per room and per application $25.00 Yes New Private Properties Inspection fee: multi-tenant house operator City Policy Per inspection $150.00 Yes 50. City Council direct that all fees in Table 1 above, be waived for: a. Toronto Community Housing Corporation; and b. a non-profit provider of multi-tenant housing, including non-profit housing providers under a program administered by the City of Toronto. Enforcement 51. City Council direct that the new Chapter include provisions to enable the City to conduct inspections, issue orders for compliance, take remedial action and take any other enforcement activities consistent with the authorities in the City of Toronto Act, 2006, including: a. increasing the maximum fine to $100,000; b. adding a special fine in an amount equal to any economic gain obtained from non-compliance; c. including offences for obstruction and failure to provide information as required; and d. designating each offence as a continuing offence. 52. City Council direct that for offences under the new Chapter: a. the holding out, for example by advertising by any means, that a multi-tenant house is available for rent is, when entered as evidence, proof, in the absence of evidence to the contrary, that the building is a multi-tenant house; and b. when a building otherwise meets the definition of a multi-tenant house, the burden of proving that the persons using the building are living together as a single housekeeping unit is on the person charged. Multi-Tenant House Licensing Tribunal 53. City Council direct that: a. a tribunal, composed of not fewer than six members, inclusive of a Chair and Vice-Chair, who are appointed by resolution of City Council, is established under the name "Toronto Multi-Tenant House Licensing Tribunal" or "Multi-Tenant House Licensing Tribunal". b. the Multi-Tenant House Licensing Tribunal shall hear proceedings as a panel of three. c. the Multi-Tenant House Licensing Tribunal shall have the powers, duties and rights of a tribunal as applicable under the Statutory Powers Procedure Act. d. Court Services shall provide administrative support to the Multi-Tenant House Licensing Tribunal and shall attend all meetings of the Multi-Tenant House Licensing Tribunal and shall keep all necessary records and perform such other administrative duties as may be required. e. the Multi-Tenant House Licensing Tribunal does not have jurisdiction to consider questions relating to the validity of a statute, regulation or By-law or the constitutional applicability or operability of any statute, regulation or By-law. 54. City Council direct the Director, Court Services and the Executive Director, Municipal Licensing and Standards, to make Multi-Tenant Licensing Tribunal decisions available online. Conflict with Other By-laws 55. If there is a conflict between a provision of this chapter and a provision of any other Chapter of the Toronto Municipal Code, the provision that establishes the highest standard to protect the health, safety and well-being of persons shall apply. Implementation 56. City Council authorize the City Solicitor, in consultation with the Executive Director, Municipal Licensing and Standards, to make such clarifications, minor modifications, technical or stylistic amendments to the new Multi-tenant House Licensing By-law, former City of Toronto Chapter 285, Rooming Houses, and/or former City of Etobicoke Chapter 166, Lodging Houses, as may be required, to give effect to City Council's decision including any required transition provisions. 57. City Council request the City Manager, upon the fourth anniversary of enactment, to conduct a third party review of the Multi-Tenant Housing regulatory framework across all aspects of implementation and enforcement, as well as the recommended number of dwelling rooms and the minimum parking rate, and stakeholder, tenant and community consultation. Provincial Oversight of Personal Care Multi-tenant Houses 58. City Council request that the Province of Ontario establish a regulatory oversight framework for personal care multi-tenant houses, including oversight by regulated health professionals, and inspection and enforcement by provincial inspectors. 59. City Council request that, in the absence of a provincial framework regulating personal care multi-tenant houses, the Province of Ontario provide funding to cover the related costs of the City of Toronto's proposed interim licensing, enforcement and compliance program to ensure that protections are in place for these vulnerable tenants. Supporting Tenants 60. City Council direct the Executive Director, Housing Secretariat, in consultation with Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the Fire Chief and General Manager, Fire Services, and the General Manager, Shelter Support and Housing Administration, to report back by March 2023 with a set of recommendations aimed at supporting tenants in the event of required emergency relocations and/or unit closures. 61. City Council direct the Executive Director, Housing Secretariat, in conjunction with the Chief Planner and Executive Director, City Planning, the Executive Director, Toronto Building, and the Fire Chief and General Manager, Toronto Fire Services, to report annually throughout the implementation period to Planning and Housing Committee on multi-tenant houses, including but not limited to: a. applications for new multi-tenant houses; b. unlicensed multi-tenant houses that were successfully brought into licensing compliance with City by-laws; c. licensed multi-tenant houses that are not meeting the property standards and what is the interdisciplinary enforcement approach needed to bring them into compliance; d. data and statistics by ward regarding complaints for both licensed and unlicensed multi-tenant houses plus complaint outcomes and resolution rates; e. adequate funding resources needed to meet the intended and timely implementation of the new regulatory licensing and enforcement framework, as expected by City Council and the residents of Toronto; and f. results of a land economics study related to multi-tenant housing permissions and other missing middle housing permissions as introduced, including their economic viability and impacts on residential property values, and the economic viability of other residential units and housing types in comparison to multi-tenant houses and missing middle housing, and report back to Council with the results during the implementation period. 62. City Council direct the Executive Director, Housing Secretariat, to report to the Planning and Housing Committee no later than March 2023 on a strategy to protect and expand the Multi-Unit Residential Acquisition program to ensure that actions taken under the 2023 Housing Action Plan do not lead to the loss of affordable housing stock, but rather, open opportunities for trusted operators to provide dignified and safe housing. 63. City Council request the Executive Director, Municipal Licensing and Standards, to assess the feasibility of the following, and report to the Planning and Housing Committee on: a. establishing an Advisory Committee to City Council to review the licensing By-law and Tribunal decisions, and regularly make recommendations to City Council on needed changes to the By-law to ensure affordable housing is maintained and expanded; b. the Advisory Committee include a representative mix of experts, including current operators of multi-tenant houses and tenants; and c. an implementation plan for the Advisory Committee. 64. City Council direct the Executive Director, Housing Secretariat, in consultation with the Executive Director, Municipal Licensing and Standards, the Chief Building Official and Executive Director, Toronto Building and other relevant Divisions, to include as part of report back to the Planning and Housing Committee by the third quarter of 2023 on Item PH35.18 - Renoviction Policy - Creating a Framework to Protect Affordable and Mid-range Rental Homes and Deter Renovictions, opportunities to negate displacement of tenants of Multi-Tenant Homes undergoing renovations related to compliance. 65. City Council direct the Chief Planner and Executive Director, City Planning and the Director, Waterfront Secretariat, to report to the February 28, 2023 meeting of the Planning and Housing Committee on the status of PH35.7 - Status update on Achieving Affordable Housing in Villiers Island and EX 27.6 - Next phase of Waterfront Redevelopment. 66. City Council direct the Chief Communications Officer to develop a communications strategy, including a public education campaign, for Toronto residents, particularly in areas where Multi-Tenant Housing has not historically been permitted, focusing on the following: a. the City's efforts to take enforcement action on unlicensed Multi-tenant Housing; b. the new standards that all Multi-Tenant Houses will have to meet to be licensed; c. how the City will ensure the safety of residents in multi-tenant houses and surrounding neighbourhoods; and d. the increase in enforcement staff, inspections and potential fines. 67. City Council request the Chief Financial Officer and Treasurer to report to the Budget Committee on a proposal to increase rebates and fee relief for first time homebuyers subject to the Municipal Land Transfer Tax. 68. City Council direct the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Chief Building Official and the Executive Director, Toronto Building, the Director, Court Services, and the Fire Chief and General Manager, Toronto Fire Services, to report back on any additional budget and resource impacts of program implementation through the 2023 and 2024 budget processes. 69. City Council request the Province of Ontario to expand Inclusionary Zoning beyond Protected Major Transit Station Areas. 70. City Council request the Province of Ontario to consider the success of the City of Toronto's Rental replacement policies and not advance legislative changes that would result in changes to the City's Official Plan policies, which have been effective in protecting the rental housing stock within Toronto and provides stability for renters. 71. City Council request the Province of Ontario to advance and implement an Ontario Housing Delivery Fund, as outlined in Recommendations 48 and 49 of the Ontario Housing Affordability Task Force Report, to support infrastructure and growth in Toronto. 72. City Council request the Provincial government to maximize density on its one-storey Liquor Control Board of Ontario sites owned by the Liquor Control Board of Ontario on avenues as The Beer Store has done, and to include affordable housing on these sites.

  Staff recommendation as filed

  Mayor Tory recommends that: 1. City Council direct the City Manager to develop a "2023 Housing Action Plan" for the 2022-2026 term of Council to enable both market, non-market and hybrid housing production in order to achieve or exceed the provincial housing target of 285,000 new homes over the next 10 years, and report to the Executive Committee no later than March 2023 on how this Plan can be actioned. The plan is to include the items listed below and, for each item, the timelines for Council approval and implementation, potential units created and any other considerations. Official Plan Policy and Regulatory Components a. Amending the City-wide zoning by-law to be more permissive from a housing opportunities perspective; b. Complete the review of the City's Official Plan to ensure that it aligns with the need for more housing in areas of the City identified for residential opportunities; c. Review the City's urban design guidelines, heritage standards and urban forestry policies to ensure they align with the priority of optimizing the delivery housing opportunities for a range of housing forms; d. Amend the Zoning By-law to increase zoning permissions on major streets; e. Amend the Zoning By-law to create transition zones between commercial and residential areas; f. increase density within neighbourhoods through additional permissions including but not limited to multiplex permissions and removing exclusionary zoning; and g. Revisit the plans for the Port Lands, Waterfront and other major change area projects to ensure housing density is optimized. Housing System Policy and Program Components h. Develop community housing intensification plans that support and grow existing co-op and non-profit rental homes plus add capacity for the sectors to be able to operate the new homes; i. Update the Open Door program and existing affordable housing programs; j. Create a post-secondary housing strategy in partnership with post-secondary institutions on increasing the availability of student housing; k. Develop a strategy to engage with School boards to encourage the creation of housing on their lands; l. Develop training and trade strategies to promote local hiring as necessary to increase construction market capacity and other industrial strategy approaches and levers that can be advocated to increase housing production; and m. Revisit approved Housing Now sites with the intention of increasing housing supply and supporting affordable housing delivery. Public Accountability on Progress towards Overall Goals n. Develop a publicly available database to track affordable rental units approved, under construction and built; and o. Ensure intensification is considered through the lens of complete communities and the growth of infrastructure necessary to support livability, inclusion, sustainability and prosperity The "2023 Housing Action Plan" is to include a high level summary of targeted timelines, and proactive targets for the approval and implementation of each component and the potential housing units that could be created by such initiatives and any other relevant considerations. 2. City Council adopt the recommendations in the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health on A New Regulatory Framework for Multi-tenant Houses, previously considered by City Council as Item 2021.PH 25.10, attached as Attachment 1 to this letter, amended as follows in parts a. to e. below, and approve the program implementation costs and annualized budget as originally outlined in the report: a. City Council direct staff to revise the draft Zoning By-law Amendments, attached as Attachments 1 and 2 to the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health prior to the introduction of Bills to Council to remove required minimum parking rates for Multi-tenant Houses to be consistent with the Council-adopted Item 2021.PH29.3 - Recommended Parking Requirements for New Development; b. City Council revise the effective implementation date in both the draft Zoning By-law Amendments, attached as Attachments 1 and 2, and the Licensing By-law, attached as Attachment 4, and wherever it is referenced in the recommendations in the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health to March 31, 2024, to align with the phased implementation timeline for the Multi-tenant House regulatory framework; c. City Council direct the Executive Director, Municipal Licensing and Standards; Executive Director, Housing Secretariat; Executive Director, Toronto Building; Director, Court Services; and Acting Fire Chief and General Manager, Toronto Fire Services to report back on any additional budget and resource impacts of program implementation through the 2023 and 2024 budget processes; d. City Council direct the City Manager, in consultation with the appropriate staff, to develop a communications and public education plan; and e. City Council amend recommendation 49 in the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health by deleting the date "November 2021" and adding instead the date "March 2023." The recommendations to be adopted are: 1. City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2 to the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health. 2. City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required. New multi-tenant house licensing by-law 3. City Council direct that, effective November 1, 2022 March 31, 2024 , a new by-law titled Toronto Municipal Code Chapter 575, Multi-tenant Houses, be established substantially in the form attached as Attachment 4 to the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Chief Building Official and Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health and in accordance with City Council's decision to adopt the by-law. 4. City Council repeal former City of Toronto Chapter 285, Rooming Houses, and former City of Etobicoke Chapter 166, Lodging Houses effective effective November 1, 2022 March 31, 2024 . Definitions 5. City Council direct that the new by-law include the following definitions: MULTI-TENANT HOUSE - (1) A building with four or more multi-tenant house rooms, inhabited or intended to be inhabited by persons who do not live together as a single housekeeping unit. For the purposes of this definition of a multi-tenant house, a "multi-tenant house room" is a room that: (a) Is used or intended to be used for living accommodation and is used or intended to be used as a bedroom; (b) Is available for rent; and (c) May include a bathroom or kitchen facilities for the exclusive use of the room's occupant but does not include both. (2) A building located within the area bounded on the north by Dundas Street West, on the east by Dufferin Street and the rail lines, on the South by Lake Shore Boulevard West and on the west by Roncesvalles Avenue, where: (a) The building is a converted house as defined in former City of Toronto General Zoning By-law No. 438-86; (b) The building contains more than three dwelling units; (c) The average floor area of the dwelling units is less than 65 square metres; and (d) One or more dwelling units are intended to be used in return for remuneration. For the purposes of this definition of a multi-tenant house, a "dwelling unit" is living accommodation for persons living together as a single housekeeping unit, in which both food preparation and sanitary facilities are provided for the exclusive use of the occupants of the unit. (3) A student fraternity or sorority house with four or more bedrooms, inhabited or intended to be inhabited by students who are members of an active chapter of a bona fide national or international student fraternity or sorority. For the purposes of this definition of a student fraternity or sorority house, a "bedroom" is a room that: (a) Is used or intended to be used as a bedroom; and (b) May include a bathroom or kitchen facilities for the exclusive use of the room's occupant but does not include both. (4) A multi-tenant house does not include: (a) Residential premises licensed or similarly approved of by the Government of Ontario or the Government of Canada; (b) Shelters operated by or on behalf of the City or a City agency which provide short-term emergency accommodation and associated services; (c) Student housing operated by a college or university; (d) Co-operative student residences owned or leased by a non-profit, non-share corporation and providing housing accommodation on a co-operative basis; or (e) Hotels or motels. OPERATOR - A person who owns or controls the business of operating a Multi-Tenant House. PERSONAL-CARE MULTI-TENANT HOUSE - A multi-tenant house where personal-care services are provided. PERSONAL-CARE SERVICES - (1) Services provided to tenants including but not limited to furnished multi-tenant house rooms, 24-hour urgent care response, safe storage and access to prescribed drugs, meals and snacks, personal laundry and opportunity to participate in social and/or recreational activities. (2) Personal-care services do not include services provided by a regulated health professional URGENT SERVICE REQUEST - Any tenant service request related to the discontinuance of the following vital services: (1) Fuel; (2) Electricity; (3) Gas; (4) Heat; and (5) Hot or cold water. Multi-tenant house licensing 6. City Council direct that no person operate without the appropriate licence and that all operators operate in compliance with the chapter, their licence, and any conditions added to their licence. 7. City Council direct that when a completed application to renew a licence has been provided to the Executive Director, MLS, the existing licence does not expire until a final decision on the licence renewal has been made and the operator shall maintain their existing licence in good standing including remaining responsible for the operation of the multi-tenant house in compliance with the chapter at all times. 8. City Council direct that the following two licence categories be established for multi-tenant houses: (1) Type A: Multi-tenant house (which is not a personal-care multi-tenant house); and (2) Type B: Personal-care multi-tenant house. 9. City Council direct that the term of a multi-tenant house licence be 12 months unless otherwise provided for in the chapter, and that each operator must renew their licence each year by submitting a renewal application. 10. City Council require that an applicant for an initial licence provide the following information to the Executive Director, MLS, as part of their application, and that the Executive Director determine what an applicant must submit as part of a licence renewal application: (1) The name and contact information of the operator; (2) The address of the property where the multi-tenant house is located; (3) The name and contact information of the property owner; (4) For multi-tenant houses that contain 10 or more multi-tenant rooms or dwelling units on first applying for a licence under this chapter, or for any multi-tenant house where required by the Executive Director, proof of an electrical evaluation by a licensed electrical contractor or qualified person; logs of service; and/or a certificate of inspection from the Electrical Safety Authority that confirms the multi-tenant house complies with the Ontario Electrical Safety Code; (5) Proof of compliance with zoning when applying for an initial licence and a statement confirming no change to such compliance on renewal where appropriate; (6) Plans showing: compliance with the Ontario Fire Code; the exterior and interior layout of the premises; the maximum number of tenants to be provided with living accommodation; and the processes for waste management, property management, tenant service requests and pest management; (7) For Personal-care multi-tenant houses, the name and contact information for the person-in-charge and proof of the qualifications of the operator and their staff to ensure the proper care of tenants, including educational requirements and background checks. (8) For Personal-care multi-tenant houses, a safety plan that describes the measures and procedures that are in place to protect the health and safety of the tenants in a form satisfactory to the Medical Officer of Health; (9) For Personal-care multi-tenant houses, a personal care plan that describes how the operator will manage tenant admissions and tenant care in a form satisfactory to the Medical Officer of Health; (10) The application or renewal fee for the licence set out in Chapter 441, Fees and Charges; and (11) Any other information as required by the Executive Director, MLS, or the Medical Officer of Health. 11. City Council direct that on receipt of a complete application, the operator, MLS, provide notice to the tenants of the multi-tenant house by posting the notice of application on the notice board in the multi-tenant house. 12. City Council direct that upon submission of a complete application, the Executive Director, MLS, may cause an inspection to be made of the multi-tenant house by any authority having jurisdiction to determine whether the multi-tenant house complies with all applicable law, including the Ontario Fire Code and Ontario Building Code. 13. City Council direct that the Executive Director, MLS, may issue a licence for a multi-tenant house where: (1) The licence application is complete and in compliance with the chapter, including the payment of any required fee; and (2) The required inspections have been completed and the results provided to the Executive Director, MLS, indicate that the premises complies with the applicable by-laws and laws, including the Ontario Fire Code and the Ontario Building Code. 14. City Council direct that the Executive Director, MLS, may refuse an application for a licence where: (1) The operator has not met one or more of the requirements under the chapter or one of more of conditions on their current licence; (2) The operator has not complied with the chapter or applicable law, including the Ontario Fire Code and the Ontario Building Code; (3) The licence applicant or the operator has provided information in an application or by other means that is false or misleading; (4) The operator has not paid any fee to be paid under the chapter; (5) The operator has not paid any fine or court awarded costs resulting from a legal proceeding related to the chapter; (6) The operator has not complied with any prohibition or other court order resulting from any legal proceeding related to the chapter; (7) The operation of the multi-tenant house: (a) Would put the public safety at risk; or (b) Is not or will not be carried on in compliance with the law. (8) The conduct of the operator (including, in the case of partnership, the conduct of its partners, employees or agents or in the case of a corporation, the conduct of its officers, directors, employees or agents) affords reasonable grounds for belief that the operator will not operate the multi-tenant house in compliance with the law or with honesty or integrity. 15. City Council direct that where the Executive Director, MLS, refuses an application for a licence, notice shall be provided to the applicant together with the reasons for the refusal. 16. City Council direct that an applicant may appeal a refusal of an application to the Multi-Tenant House Licensing Tribunal by filing an appeal in a form satisfactory to the Multi-Tenant House Licensing Tribunal to the tribunal by no later than 30 days from the date of the refusal. 17. City Council direct that where an applicant appeals a refusal of an application to the Multi-Tenant House Licensing Tribunal, the Tribunal will schedule a hearing, notifying applicant and the Executive Director, MLS who will provide the Tribunal with the refusal on receiving the notice. 18. City Council direct that the Executive Director, MLS may, at any time, refer a licence application or a licence to the Multi-Tenant House Licensing Tribunal with a recommendation that the licence be refused, revoked, suspended or continued with conditions, and that the referral include the reasons for that recommendation. 19. City Council direct that where an applicant appeals a refusal or a recommendation from the Executive Director, MLS, is referred, the Multi-Tenant House Licensing Tribunal will preside over a hearing, after giving notice to the applicant or licence holder and the Executive Director, MLS, where the Multi-Tenant House Licensing Tribunal, and render decisions based on the evidence presented in accordance with the Tribunal's Procedure By-law and the Statutory Powers Procedure Act and may: (1) Uphold the recommendation of the Executive Director, MLS; (2) Issue (with or without conditions), refuse, suspend or revoke the licence; or (3) Add conditions to the licence. 20. City Council direct that the Tribunal be authorized to attach conditions to a licence including, but not limited to requiring the operator to: (1) Comply with by-laws or other laws or legal requirements and provide proof of such compliance; (2) Pay a fine or other court awarded costs resulting from a legal proceeding related to this chapter and to provide proof of such payment; (3) Comply with a prohibition or other court order resulting from a legal proceeding related to the chapter and to provide proof of such compliance; (4) Supply additional information on convictions under federal or provincial legislation or periodic updates of such convictions or both to the Executive Director, MLS; (5) Supply information to verify evidence given at their hearing; or (6) Ensure that the persons operating a multi-tenant house do so in compliance with the law and with honesty and integrity. 21. City Council direct that the Multi-Tenant House Licensing Tribunal shall have regard to the following matters when relevant, as may be raised at a hearing: (1) The chapter and other applicable law; (2) Circumstances and facts raised by the evidence of the parties; (3) If the operation of the multi-tenant house puts or could put public safety at risk; (4) If the operation of the multi-tenant house is or will be carried on in compliance with the law; and (5) If the conduct of the operator (including, in the case of a partnership, the conduct of its partners, employees or agents or in the case of a corporation, the conduct of its officers, directors, employees or agents) affords reasonable grounds for belief that the operator will not operate the multi-tenant house in compliance with the law or with honesty or integrity. 22. City Council direct that the Executive Director, MLS, may revoke a licence with no refund where: (1) The licence has been issued in error; or (2) The licence has been issued as a result of inaccurate, misleading or otherwise incorrect information provided by the applicant. And the Executive Director, MLS, shall give notice to the Operator of the revocation. 23. City Council require that an operator must notify the Executive Director, MLS, at least 90 days in advance of a change in operator with the new operator applying for a new licence while the existing operator maintains the multi-tenant house in compliance with the chapter in the interim. 24. City Council direct that no licence under the chapter shall be transferred. 25. City Council direct that all operators of Multi-Tenant Houses: (1) Only use, rent or permit the use or rent of a multi-tenant house or dwelling unit in compliance with the chapter and applicable law; (2) Repair and maintain the multi-tenant house in compliance with the chapter; (3) Ensure that the operator responds immediately on inquiries about the operations of the multi-tenant house; (4) Maintain a notice board which posts conspicuously in the multi-tenant house documents as required by the Executive Director, including updated copies of the licence, contact information in the case of emergencies, and up-to-date plans submitted as part of their most recent application; (5) Comply with the most recent plans approved as part of the operator's application; and (6) Maintain records of all electrical work done at the multi-tenant house and all work demonstrating compliance with the most recent plans approved as part of the operator's application. Ending operations 26. City Council direct that unless otherwise required by law (including decisions of the Multi-Tenant House Licensing Tribunal), if an operator is ending their operation of a multi-tenant house, an operator shall: (1) Submit to the Executive Director, Housing Secretariat, for their approval, a transition plan at least 210 days in advance of ending operations; (2) On receiving approval of a transition plan from Executive Director, Housing Secretariat, deliver to each tenant a written notice at least 180 days in advance Indicating the date on which operations will end; and (3) If a tenant, so requests, take reasonable steps to find appropriate alternate accommodation for the tenant and meet all Residential Tenancy Act requirements. 27. City Council direct that a transition plan of an operator of a multi-tenant house shall include: (1) A statement that the operator intends to end operations; (2) The date on which the operator intends to end operations; (3) The operator's reasons for ending operations; (4) A description of how the operator intends to use the building after ending operations; (5) The date by which the operator will give each tenant written notice of the date on which operations will end; (6) A list of alternate accommodation that may be available to tenants; and (7) A list of community organizations that may be affected by the end of operations. Personal-Care Multi-Tenant Houses Operators, person-in-charge, and staff 28. City Council direct that an operator of a personal-care multi-tenant house, or, when the operator is a corporation, each director of the corporation, meet the following minimum qualifications, and on application and when requested by the Executive Director, provide documentation satisfactory to the Executive Director, MLS, that they: (1) Are least 18 years of age; (2) Hold an Ontario Secondary School Diploma (OSSD), or evidence of equivalent standing as determined by the Minister of Education; (3) Have three years employment experience in work comparable to the administration of personal-care multi-tenant houses; and (4) Have undergone a Vulnerable Sector Screening that meets the Screening Criteria. 29. City Council direct that a person-in-charge of a personal-care multi-tenant house meet the following minimum qualifications, and on application, renewal, or any time the person-in-charge changes, provide documentation satisfactory to the Executive Director, MLS, that they: (1) Are at least 18 years of age; (2) Have current CPR and first aid training, as set out by the Medical Officer of Health; (3) Have completed Grade 10 in an Ontario Secondary School Certificate, equivalent standing or evidence of one year employment experience working in a personal-care setting, or other standard satisfactory to the Medical Officer of Health; and (4) Have undergone a Vulnerable Sector Screening that meets the Screening Criteria. 30. City Council direct that the operator of a personal-care multi-tenant house have a person-in-charge on-site 24 hours a day. The person-in-charge shall be responsible for, but not be limited to, ensuring the following: (1) No tenant is denied access to supports, including access to alternative housing options which maintain or enhance the health and welfare of the tenant; (2) The tenants are safe and secure; (3) Inquiries from the neighbourhood and others such as tenant families or friends, are responded to immediately; (4) Emergencies are handled in compliance with by-laws or other laws or legal requirements that apply and otherwise effectively and efficiently including emergency services being contacted immediately by the operator or staff if a tenant experiences a medical emergency; and (5) There are sufficient staff on duty at all times. Tenant admittance 31. City Council direct that operators of a personal-care multi-tenant house obtain from tenants an up-to-date assessment by a regulated health professional (physician, nurse, occupational therapist, physiotherapist), which includes the level of personal-care that the individual requires, as part of the tenancy application. 32. City Council direct that operators of a personal-care multi-tenant house provide each tenant the personal-care services that are set out in their assessment form. 33. City Council direct that if a tenant's needs exceed the level of care available in the personal-care multi-tenant house, the operator of a personal-care multi-tenant house assist in arranging transfer to a long-term care facility or other appropriate living arrangement, with agreement from the tenant. 34. City Council direct that the operator of a personal-care multi-tenant house to enter into a written tenancy agreement with each tenant, specifying all ongoing care services that will be provided. 35. City Council direct that operators of personal care multi-tenant houses collect and maintain the following in accordance with applicable law, with each being available to the City for inspection upon request: (1) A file for each tenant containing: (a) The tenant's name, date of birth and gender; (b) The date the tenancy started; (c) The tenant's assessment; (d) The tenancy agreement; (e) The name, address and telephone number of the attending personal physician, if any; (f) The name, address and telephone number of the next of kin or other person to notify in case of an emergency; (g) A list of medication and/or other care prescribed by a regulated health professional; (h) A list of any other agencies or organizations providing support to the tenant; (i) The name, address and telephone number of the tenant's attorney for personal care and/or attorney for property; and (j) A list of dates and particulars of any significant incidents involving the tenant while in the personal-care multi-tenant house. (2) Records of the following incidents: (a) An emergency, including a fire or unplanned evacuation of tenants; (b) A sudden death, including a death resulting from accident or suicide; (c) A tenant absence of 24 hours or more; (d) An attendance by a law enforcement agency or emergency services provider that results in a criminal charge against the operator, staff or a tenant or their transportation to a hospital or other emergency care facility; or (e) An allegation of abuse, threat of violence or danger to the life of the operator, staff or a tenant. (3) The safety plan and personal care plan provided as part of the application, which have been updated annually to address changes in operations. 36. City Council direct that the operator of a personal care multi-tenant house provides each tenant with: (1) Physician care; (2) Personal-care services; (3) Food and nutritional services; (4) Prescription drug services; (5) Bathroom, bedroom, linen and laundry services. Transition 37. City Council direct that licences held under former City of Toronto Chapter 285, Rooming Houses or former City of Etobicoke Chapter 166, Lodging Houses continue subject to those by-laws until they expire, at which time the operator much submit a new application under the new chapter. Chapter 441, Fees and Charges 38. City Council direct a licensing fee for all multi-tenant house operators of $25 per multi-tenant house room or dwelling unit or bedroom for a new application and for licence renewals. 39. City Council direct an inspection fee of $150. 40. City Council direct that the schedule of multi-tenant house licensing fees be included in Chapter 441 as set out in Table 1. Table 1: Ref. No. Service Fee Description Category Fee Basis Fee Annual Adjustment New Private Properties Application fee: multi-tenant house operator City Policy Per room and per application $25 Yes New Private Properties Renewal fee: multi-tenant house operator City Policy Per room and per application $25 Yes New Private Properties Inspection fee: multi-tenant house operator City Policy Per inspection $150 Yes 41. City Council direct that all fees in Table 1 above, be waived for: (1) Toronto Community Housing Corporation; and (2) A non-profit provider of multi-tenant housing, including non-profit housing providers under a program administered by the City of Toronto. Enforcement 42. City Council direct that the new chapter include provisions to enable the City to conduct inspections, issue orders for compliance, take remedial action and take any other enforcement activities consistent with the authorities in the City of Toronto Act, 2006, including: (1) Increasing the maximum fine to $100,000; (2) Adding a special fine in an amount equal to any economic gain obtained from non-compliance; (3) Including offences for obstruction and failure to provide information as required; and (4) Designating each offence as a continuing offence. 43. City Council direct that for offences under the new chapter: (1) The holding out, for example by advertising by any means, that a multi-tenant house is available for rent is, when entered as evidence, proof, in the absence of evidence to the contrary, that the building is a multi-tenant house; and (2) When a building otherwise meets the definition of a multi-tenant house, the burden of proving that the persons using the building are living together as a single housekeeping unit is on the person charged. Multi-Tenant House Licensing Tribunal 44. City Council direct that: (1) A tribunal, composed of not fewer than six members, inclusive of a Chair and Vice-Chair, who are appointed by resolution of Council, is established under the name "Toronto Multi-Tenant House Licensing Tribunal" or "Multi-Tenant House Licensing Tribunal". (2) The Multi-Tenant House Licensing Tribunal shall hear proceedings as a panel of three. (3) The Multi-Tenant House Licensing Tribunal shall have the powers, duties and rights of a tribunal as applicable under the Statutory Powers Procedure Act. (4) Court Services shall provide administrative support to the Multi-Tenant House Licensing Tribunal and shall attend all meetings of the Multi-Tenant House Licensing Tribunal and shall keep all necessary records and perform such other administrative duties as may be required. (5) The Multi-Tenant House Licensing Tribunal does not have jurisdiction to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation or by-law. Conflict with Other By-laws 45. If there is a conflict between a provision of this chapter and a provision of any other Chapter of the Toronto Municipal Code, the provision that establishes the highest standard to protect the health, safety and well-being of persons shall apply. Implementation 46. City Council authorize the City Solicitor, in consultation with the Executive Director, Municipal Licensing and Standards, to make such clarifications, minor modifications, technical or stylistic amendments to the new multi-tenant house licensing by-law, former City of Toronto Chapter 285, Rooming Houses, and/or former City of Etobicoke Chapter 166, Lodging Houses as may be required to give effect to City Council's decision including any required transition provisions. Provincial Oversight of Personal Care Multi-tenant Houses 47. City Council request that the Province of Ontario establish a regulatory oversight framework for personal care multi-tenant houses, including oversight by regulated health professionals, and inspection and enforcement by provincial inspectors. 48. City Council request that, in the absence of a provincial framework regulating personal care multi-tenant houses, the Province of Ontario provide funding to cover the related costs of the City of Toronto's proposed interim licensing, enforcement and compliance program to ensure that protections are in place for these vulnerable tenants. Supporting Tenants 49. City Council direct the Executive Director, Housing Secretariat, in consultation with Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the Fire Chief and General Manager, Fire Services, and the General Manager, Shelter Support and Housing Administration, to report back by November 2021 March 2023 with a set of recommendations aimed at supporting tenants in the event of required emergency relocations and/or unit closures. 3. City Council determine that, pursuant to Section 34(17) of the Planning Act, no further notice is necessary in respect of the changes to the draft Zoning by-laws in Recommendation 2 above.

• MM2.1amended

  Request for Metrolinx Accountability and Financial Compensation Regarding the Ongoing Construction Delays of the Eglinton Crosstown - by Councillor Mike Colle, seconded by Councillor Josh Matlow

  Residents and Businesses throughout the City of Toronto living along 19 kilometres of Eglinton Avenue have been enduring over 11 years of hardship due to construction of the Eglinton Crosstown LRT. They have suffered incredible disruption and unmanageable traffic and safety issues as well as greatly reduced customer traffic, loss of revenue and in many cases business closure. Despite repeated calls by City Council demanding greater transparency and accountability, Metrolinx remains silent to explain the repeated delays, cost overruns and now is incapable of even setting a new forecasted completion date. This Motion calls upon City Council to once again request Metrolinx and the Provincial Minster of Transportation to appear before the Executive Committee to publically report on the status of the project as well as funding various initiatives to compensate the residents and businesses from the negative impacts that they continue to experience with no end in sight.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council request the Province of Ontario to launch an Independent Third Party Review into the causes of the ongoing delays and increased costs in the construction of the Eglinton Crosstown LRT, following the completion of the project. 2. City Council request the Mayor and City Manager to request Caroline Mulroney, Provincial Minister of Transportation, and Phil Verster, Metrolinx Chief Executive Officer to appear at the first meeting of the Executive Committee on January 31, 2023 to make a presentation and answer questions regarding the current status of the Eglinton Crosstown LRT including: a. the reasons for the continued delays; b. when the project is expected to be complete; c. the nature of the structural problems at Yonge Street; d. what is the expected additional cost to the project; and e. how they can provide meaningful compensation to local residents and businesses. 3. City Council direct the City Manager to report to the March 29, 30 and 31, 2023 meeting of City Council with an update on the actions taken in response to 2020.MM16.8 passed by Council on February 26, 2020 concerning the request that the Province of Ontario and Metrolinx immediately implement an Eglinton Avenue Small Business survival plan. 4. City Council direct the City Manager to engage with the Province of Ontario and Metrolinx with a request to finance property tax rebates for the residents in impacted communities who have suffered through 12 years of disruption, traffic chaos and loss of quality of life due to the never ending construction. 5. City Council direct the City Manager to request the Province of Ontario and Metrolinx to provide immediate funding for the provision of free Toronto Transit Commission bus fares along the Eglinton Avenue corridor until the completion of the Eglinton Crosstown LRT. 6. City Council direct the City Manager to request Metrolinx to provide funding for traffic wardens to be deployed at existing hot spots along Eglinton Avenue and, in particular, in the vicinity of the Cedarvale Station at the terminus of the Allen Expressway to mitigate the uniquely unmanageable traffic safety and neighbourhood infiltration issues until the completion of the project. Such program should be created similarly to the Yonge-Eglinton Construction Hub that was directed by City Council in Member Motion MM7.3 on May 14 and 15, 2019.

  Staff recommendation as filed

  Councillor Mike Colle, seconded by Councillor Josh Matlow, recommends that: 1. City Council request the Province of Ontario to launch a Public Inquiry into the causes of the ongoing delays and increased costs in the construction of the Eglinton Crosstown LRT. 2. City Council request the Mayor and City Manager to request Caroline Mulroney, Provincial Minister of Transportation, and Phil Verster, Metrolinx Chief Executive Officer to appear at the first meeting of the Executive Committee on January 31, 2023 to make a presentation and answer questions regarding the current status of the Eglinton Crosstown LRT including: a. the reasons for the continued delays; b. when the project is expected to be complete; c. the nature of the structural problems at Yonge Street; d. what is the expected additional cost to the project; and e. how they can provide meaningful compensation to local residents and businesses. 3. City Council direct the City Manager to report to the March 29, 30 and 31, 2023 meeting of City Council with an update on the actions taken in response to 2020.MM16.8 passed by Council on February 26, 2020 concerning the request that the Province of Ontario and Metrolinx immediately implement an Eglinton Avenue Small Business survival plan. 4. City Council direct the City Manager to engage with the Province of Ontario and Metrolinx with a request to finance property tax rebates for the residents in impacted communities who have suffered through 12 years of disruption, traffic chaos and loss of quality of life due to the never ending construction. 5. City Council direct the City Manager to request the Province of Ontario and Metrolinx to provide immediate funding for the provision of free Toronto Transit Commission bus fares along the Eglinton Avenue corridor until the completion of the Eglinton Crosstown LRT. 6. City Council direct the City Manager to request Metrolinx to provide funding for traffic wardens to be deployed at existing hot spots along Eglinton Avenue and, in particular, in the vicinity of the Cedarvale Station at the terminus of the Allen Expressway to mitigate the uniquely unmanageable traffic safety and neighbourhood infiltration issues until the completion of the project. Such program should be created similarly to the Yonge-Eglinton Construction Hub that was directed by City Council in Member Motion MM7.3 on May 14 and 15, 2019.

• RM2.1adopted

  Call to Order

  - O Canada - Moment of Silence

  CALL TO ORDER: 9:40 a.m. Speaker Nunziata took the Chair and called the Members to order. The meeting opened with O Canada. December 14, 2022 Members of Council observed a moment of silence and remembered: Joan Atwood Walter Carr Antonio (Tony) Ferrovecchio Margaret Fischer Michael Peter Nevin Joan Patricia Ridout Sam Wakim Speaker Nunziata acknowledged that City Council was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. Speaker Nunziata also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit. Speaker Nunziata advised Council of the following: For the benefit of those who are connected to the internet, the City Clerk has posted all of the agenda materials for today's meeting at toronto.ca/council . This meeting is being held as a hybrid meeting. Members of Council, staff and the public are participating in today's meeting remotely and in person, and the meeting is being streamed live on YouTube. I'd like to welcome the public who are with us here today, and who are watching the meeting online.

• CC2.2adopted

  Report on an Inquiry for Prohibited Communications on a Request for Proposal

  Lobbyists are required to register and report communications with public office holders about the procurement of goods, services or construction and awarding of a contract, on the public, online Lobbyist Registry (the "Registry") according to Chapter 140 of the Toronto Municipal Code, Lobbying (the "Lobbying By law"). Lobbyists are required to report all lobbying communications on their registration within three business days after the lobbying occurs. However, the Lobbying By-law restricts communications during an active procurement to only those permitted by the Toronto Municipal Code, Chapter 195, Purchasing (the "Purchasing By-law"), applicable procurement policies and procurement documents (solicitations). From the time the solicitation is issued, through to the time of the formal acceptance of a bid, and the resulting signed written contract between the City and the successful supplier (the "Blackout Period"), communications regarding the procurement are restricted to the Chief Purchasing Official (the "CPO") or the employee specifically designated for that purpose in the solicitation (the "City Contact"). Communications with any public office holder, other than the CPO or the City Contact during the Blackout Period, are contraventions of the Lobbying By-law. Compliance with the Lobbying By-law, and all relevant procurement rules are required to preserve both lobbying transparency and the integrity of the City's procurement processes.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council receive the report (December 6, 2022) from the Lobbyist Registrar for information.

  Staff recommendation as filed

  The Lobbyist Registrar recommends that: 1. City Council receive this report for information.

• MM2.2adopted

  Protecting Pape School During Ontario Line Construction - by Councillor Paula Fletcher, seconded by Councillor Mike Colle

  Recently the Parents of Pape Avenue Junior Public School met with Metrolinx about the upcoming Ontario Line Early Works construction slated to happen around Pape School. At that meeting it was clear that the parents still have a lot of concerns and a lot of their questions remain unanswered. I've also received a letter, attached here, from the Toronto District School Board Trustee outlining the scope of the concerns. Although Metrolinx has the power to override the City's authority on Right of Way permits they have indicated that they will go through the City's application and review process for their construction permits for the Ontario Line. The City must ensure that we are doing everything in our power to ensure that the children at Pape School and the surrounding community are kept safe and properly consulted about the construction.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council request Metrolinx to form a Construction Liaison Committee that meets weekly, composed of representatives from Pape Avenue Public School, the City of Toronto and local residents. 2. City Council direct the General Manager, Transportation Services and the General Manager, Toronto Water, in consultation with the Local Councillor, to have appropriate City Staff attend a meeting with the Pape Avenue School Council to collect feedback on the traffic and transportation impacts of the Ontario Line Construction. 3. City Council direct the General Manager, Transportation Services to ensure that the City requires Metrolinx to take any and all measures to ensure the ongoing safety of the local community with respect to pedestrian safety, noise and vibration impacts, and any other construction impact of the Ontario Line.

  Staff recommendation as filed

  Councillor Paula Fletcher, seconded by Councillor Mike Colle. recommends that: 1. City Council request Metrolinx to form a Construction Liaison Committee that meets weekly, composed of representatives from Pape Avenue Public School, the City of Toronto and local residents. 2. City Council direct the General Manager, Transportation Services and the General Manager, Toronto Water, in consultation with the Local Councillor, to have appropriate City Staff attend a meeting with the Pape Avenue School Council to collect feedback on the traffic and transportation impacts of the Ontario Line Construction. 3. City Council direct the General Manager, Transportation Services to ensure that the City requires Metrolinx to take any and all measures to ensure the ongoing safety of the local community with respect to pedestrian safety, noise and vibration impacts, and any other construction impact of the Ontario Line.

• RM2.2adopted

  Introduction of Committee Reports, New Business and Business Previously Requested from the Mayor and City Officials

  Report of the Executive Committee from Meeting 1 on December 6, 2022 Submitted by Mayor John Tory, Chair Report of the Etobicoke York Community Council from Meeting 1 on November 28, 2022 Submitted by Councillor Stephen Holyday, Chair Report of the North York Community Council from Meeting 1 on November 29, 2022 Submitted by Councillor James Pasternak, Chair Report of the Toronto and East York Community Council from Meeting 1 on November 30, 2022 Submitted by Councillor Gord Perks, Chair New Business and Business Previously Requested submitted by the Mayor and City Officials.

  Committee Reports and New Business were presented to City Council for consideration.

• CC2.3amended

  Legislative Changes to City Governance - Bill 3 and Bill 39

  Bill 3, Strong Mayors, Building Homes Act, 2022 Legislative and regulatory changes that provide new powers to the Mayors of the City of Toronto and City of Ottawa came into force on November 23, 2022, with the proclamation of the Ontario government's Bill 3, Strong Mayors, Building Homes Act, 2022 ("Bill 3"). Associated regulations were also released by the Province on November 23, 2022. The Bill and regulations are provided in Attachment 1 and 2 to this report. Further regulations to define provincial priorities under Bill 3 are not finalized at the time of writing this report. Language proposed by the Province with respect to provincial priorities is provided in Attachment 3 to this report. The Province has indicated that regulations confirming provincial priorities will be released when Bill 39, Better Municipal Governance Act, 2022 is proclaimed. Bill 3 amended the City of Toronto Act, 2006 ("COTA"), the Municipal Act, 2001 and the Municipal Conflict of Interest Act, to provide specific powers and duties to mayors that were previously provided to city councils for the City of Toronto and the City of Ottawa. Amendments were also made to 1) eliminate the option of appointment before March 31 of an election year in case of vacancy in the office of Mayor and instead require a by-election; and 2) to provide that a person appointed as Mayor after March 31 in an election year will not have the powers of the Mayor under Part VI.1 and that those power are exercised by Council. The Municipal Conflict of Interest Act was also amended to extend the declaration of interest provisions to the Mayor's exercise of his powers and duties outside of a meeting. Specifically, the Mayor is required to declare any interests in writing to the Clerk, not use the power and refrain from influencing the decisions of the City in respect of the matter. Further, if as a result of declaring an interest the Mayor is prohibited from using his powers to exercise his duty to prepare the City's budget in respect of a matter, City Council may pass a resolution to amend the proposed budget with respect to the matter and the Mayor may not veto that amendment. The City is required to maintain a registry of any declared interests. This report provides an overview of the new Mayoral powers for: · Council governance; · Organizational structure; · Direction to staff; · Prescribed provincial priorities; and · Preparation of the municipal budget. Once provincial priorities are finalized in regulation, the associated Mayoral power to veto or put matters in front of Council to advance such priorities will be in force. Bill 39, Better Municipal Governance Act, 2022 On November 16, 2022, the Provincial government introduced Bill 39 the Better Municipal Governance Act, 2022 ("Bill 39") that proposes additional mayoral powers to those in Bill 3. At the time of writing this report, Bill 39 legislation has not yet been proclaimed into force. Information about the proposed additional mayoral powers in Bill 39 is provided in this report and a copy of Bill 39 is included as Attachment 4 to this report with the Province's proposed amendments to regulations included as Attachment 5 to this report. Updates to Governance Processes and Procedures The City Clerk has established templates and related processes and procedures to assist the Mayor in carrying out these new powers. An example of this already in use is the Mayoral Decision template, and the associated online public-facing repository. To ensure the Toronto Municipal Code chapters are updated to align with the changes arising from Bill 3 and Mayoral decisions made under Bill 3, some updates will be required to City by-laws including Chapters 27, Council Procedures and Chapter 169, Officials, City.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council amend Municipal Code Chapter 169, City Officials to provide that the City Solicitor and the City Clerk are authorized to submit and process bills. a. the City Clerk may process By-laws if the by-law is required as a result of the coming into force of Part VI.1 of the City of Toronto Act, 2006 or a decision made by the Mayor under Part VI.1 of the City of Toronto Act, 2006. b. the City Solicitor, in consultation with the City Clerk, may submit bills directly to City Council for enactment where an action is required as a result of the coming into force of Part VI.1 of the City of Toronto Act, 2006 or a decision made by the Mayor under Part VI.1 of the City of Toronto Act, 2006. 2. City Council, consistent with the City Solicitor having been appointed by By-law 116-2017, request the Mayor to delegate to City Council under Section 226.11(1) of the City of Toronto Act, 2006 his authority under Section 226.4 to appoint and dismiss the City Solicitor and that the delegation provide that only City Council can exercise the delegated power. 3. City Council reaffirm its commitment to the principle of democracy on which our Procedures By-law is based that "the majority of members have the right to decide and the minority of members have the right to be heard," according to Section 2.2 of the Toronto Municipal Code Chapter 27, Council Procedures. 4. City Council request the Mayor of Toronto, and all future Mayors, not to exercise any power that allows for motions to be passed with less than a 50 percent+1 majority of Council members present. 5. City Council request the Province to conduct meaningful and substantive consultation with Toronto City Council on the regulations which indicate the prescribed provincial priorities, and on any future changes thereafter. 6. City Council request the Province of Ontario to consult with the City of Toronto on governance prior to granting authority to the City commensurate with Strong Mayor governance models and give the City of Toronto greater autonomy and decision-making authority, including but not limited to: a. traffic safety measures; b. planning and housing matters; c. cannabis and liquor licence application approvals; and d. revenue raising measures and budgeting measures, in particular, revenue tools that grow with the economy. 7. City Council request the Province of Ontario to amend Bill 39 to include a sunset clause such that the Act's necessity is reconsidered 6 months prior to municipal elections. 8. City Council request the Province of Ontario to repeal Schedules 1 and 3 of Bill 39.

  Staff recommendation as filed

  The City Manager, City Clerk and City Solicitor recommend that: 1. City Council amend Municipal Code Chapter 169, City Officials to provide that the City Solicitor and City Clerk are authorized to submit and process bills. a. The City Clerk may process by-laws if the by-law is required as a result of the coming into force of Part VI.1 of the City of Toronto Act, 2006 or a decision made by the Mayor under Part VI.1 of the City of Toronto Act, 2006. b. The City Solicitor, in consultation with the City Clerk, may submit bills directly to Council for enactment where an action is required as a result of the coming into force of Part VI.1 of the City of Toronto Act, 2006 or a decision made by the Mayor under Part VI.1 of the City of Toronto Act, 2006.

• MM2.3adopted

  Options for a new City of Toronto policy to Inform residents about changes to the development and planning appeal process after the passing of Provincial Bills 23 and 109 - by Councillor Mike Colle, seconded by Councillor Paula Fletcher

  2022 marks an unprecedented year in the number of legislative changes affecting municipalities' jurisdiction in planning matters. Bill 109, the More Homes for Everyone Act, has significantly altered local decision making, gutted residents' rights in the appeal process and moved virtually all decision making to the Ontario Land Tribunal. Bill 23, the More Homes Built Faster Act, has restricted or rescinded many of the powers the City of Toronto had to comprehensively manage growth and development including: 1. stripping Official Plan amendments from the City which limit the City's ability to manage growth; 2. removing the City's Green Standards - key to Toronto meeting it's 2040 net-zero goal; 3. eliminating development charges creating a 230-million dollar budget shortfall for Toronto which will equate to a 20 percent increase in property taxes for residents; and 4. providing absolutely no guarantee that any additional affordable housing will be built in the City. It is critical that residents are given the opportunity to have their voices heard in the appeal process. The ability for residents to appeal to the Toronto Local Appeal Body has been taken away in Bill 23 for any appeal that has not received a hearing date as of October 25, 2022. These recommended measures will provide more transparency for residents to be informed citizens, remain engaged with their neighbourhoods and broader communities, and voice their opinions and concerns.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council request the Chief Planner and Executive Director, City Planning to report to City Council on a proposal for the implementation of a new City of Toronto policy to: a. notify local residents when development applications are appealed to the Ontario Land Tribunal; b. erect a sign at the development site (similar to School Board notices) that notify local residents and provide details about the appeal; and c. include contact information for the Ontario Land Tribunal and the local Member of Provincial Parliament to allow residents to easily participate in the appeal process.

  Staff recommendation as filed

  Councillor Mike Colle, seconded by Councillor Paula Fletcher, recommends that: 1. City Council request the Chief Planner and Executive Director, City Planning to report to City Council on a proposal for the implementation of a new City of Toronto policy to: a. notify local residents when development applications are appealed to the Ontario Land Tribunal; b. erect a sign at the development site (similar to School Board notices) that notify local residents and provide details about the appeal; and c. include contact information for the Ontario Land Tribunal and the local Member of Provincial Parliament to allow residents to easily participate in the appeal process.

• RM2.3received

  Declarations of Interest

  Members of Council will declare interests under the Municipal Conflict of Interest Act.

  Members of Council declared interests under the Municipal Conflict of Interest Act.

• CC2.4amended

  Appointment of Chair of the Board of Management of the Toronto Zoo

  The purpose of this report is to advise City Council of its requirement to appoint a chair of the Board of Management of the Toronto Zoo.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council appoint Councillor Paul Ainslie as Chair of the Board of Management of the Toronto Zoo for a term of office until December 31, 2024 and until a successor is appointed.

  Staff recommendation as filed

  The City Clerk recommends that: 1. City Council appoint a chair of the Board of Management of the Toronto Zoo from among the Members of Council appointed to the Board, for a term of office until December 31, 2024, and until successor is appointed.

• MM2.4adopted

  120 Glenlake Avenue - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor Gord Perks, seconded by Councillor Ausma Malik

  On November 9, 2022, the Committee of Adjustment refused a Minor Variance application brought by the owner of 120 Glenlake Avenue for two front yard landscaping variances. A copy of the Committee's decision for the Minor Variance Application (the "Application") is attached. The Application proposes to install a front yard parking pad. In a report from the Director, Community Planning, Toronto and East York District, dated October 26, 2022, Planning opposed the Application. A copy of the Planning report is attached. Planning Staff opined that the Application does not satisfy the statutory test for Minor Variances under Section 45 of the Planning Act. Planning Staff also opined that the requested variances are not in keeping with prevailing characteristics in the established neighbourhood and will result in the reduction of on-street parking. In a report from the Manager, Permits and Enforcement-Parking and Administration, Transportation Services, dated November 2, 2022, Transportation Services opposed the Application. A copy of the Transportation Services report is attached. Transportation Services staff stated that the proposed parking space is located partially within the City's boulevard, which is regulated by Toronto Municipal Code Chapter 918 (the "Municipal Code"). Under Chapter 918 of the Municipal Code, the application would not qualify for front yard parking. On November 28, 2022, the owner appealed the Committee's decision to refuse the Application to the Toronto Local Appeal Body. This Motion is urgent as the Toronto Local Appeal Body will issue a notice of hearing imminently.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council authorize the City Solicitor to seek party status at the Toronto Local Appeal Body hearing, and to attend at the Toronto Local Appeal Body hearing with appropriate City Staff to support the Committee of Adjustment's decision to refuse the Minor Variance application requested in Application A0955/22TEY respecting 120 Glenlake Avenue. 2. City Council authorize the City Solicitor to negotiate a resolution of the appeal of the decision in Application A0955/22TEY respecting 120 Glenlake Avenue, and City Council authorize the City Solicitor to settle the matter on behalf of the City at the city Solicitor's discretion after consultation with the Ward Councillor, the Director, Community Planning, Toronto and East York District and the General Manager, Transportation Services.

  Staff recommendation as filed

  Councillor Gord Perks, seconded by Councillor Ausma Malik, recommends that: 1. City Council authorize the City Solicitor to seek party status at the Toronto Local Appeal Body hearing, and to attend at the Toronto Local Appeal Body hearing with appropriate City Staff to support the Committee of Adjustment's decision to refuse the Minor Variance application requested in Application A0955/22TEY respecting 120 Glenlake Avenue. 2. City Council authorize the City Solicitor to negotiate a resolution of the appeal of the decision in Application A0955/22TEY respecting 120 Glenlake Avenue, and City Council authorize the City Solicitor to settle the matter on behalf of the City at the city Solicitor's discretion after consultation with the Ward Councillor, the Director, Community Planning, Toronto and East York District and the General Manager, Transportation Services.

• RM2.4received

  Petitions

  Members of Council may file petitions.

  No petitions were filed during the Routine Matters portion of the meeting.

• CC2.5adopted

  1 Weatherell Street - Proposed Designation By-Law under Part IV, Section 29 of the Ontario Heritage Act - Consideration of Objection

  City Council has stated its intention to designate the subject property under Part IV, Section 29 of the Ontario Heritage Act. A notice of intention to designate was served on the property owners and the Ontario Heritage Trust, and was published in accordance with the Act. The objection period ended on November 3, 2022. The City Clerk received a notice of objection on behalf of Rob and Marta Vitale within the required timeframe set out in the Act. The Act requires that City Council consider and make a decision on an objection within 90 days from the end of the objection period. City Council may decide to withdraw, amend, or affirm its intention to designate. City Council has until January 31, 2023 to make a decision on the objection. On July 27, 2022, the Committee of Adjustment through File No. A0474/22TEY approved variances to construct a new three-storey detached dwelling with an integral garage, a front covered porch and rear terrace on two conditions: 1. Prior to the issuance of a building permit, the applicant/owner shall submit a complete application for permit to injure or remove a City owned tree(s) under Municipal Code Chapter 813, Trees Article II, Trees on City Streets, to the satisfaction of the Supervisor, Urban Forestry, Tree Protection and Plan Review, Toronto and East York District. 2. No demolition permit shall be issued in advance of a building permit. No appeals were made to the Committee of Adjustment decision and it is now final and binding.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (December 5, 2022) from the City Solicitor, received December 19, at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor remains confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor, were adopted by City Council and are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council withdraw its intention to designate the property at 1 Weatherell Street under Part IV, Section 29 of the Ontario Heritage Act. 2. City Council direct the City Clerk to remove the property at 1 Weatherell Street from the City of Toronto's Heritage Register. The balance of Confidential Attachment 1 and Confidential Appendix A to the report (December 5, 2022) from the City Solicitor remain 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. The balance of Confidential Attachment 1 and Confidential Appendix A to the report (December 5, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

  Staff recommendation as filed

  The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report (December 5, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix "A", to this report, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.

• MM2.5adopted

  360 Evans Avenue - Minor Variance Appeal at the Toronto Local Appeal Body - by Councillor Frances Nunziata, seconded by Councillor Amber Morley

  On September 15, 2022, the Etobicoke York Panel of the Committee of Adjustment (the "Committee") approved an application for a minor variance to permit a bingo hall on the lands municipally known as 360 Evans Avenue (the "Application" or "A0332/22EYK"). The Committee's decision is included as Attachment 1. On October 4, 2022 the City Solicitor appealed the decision of the Committee on behalf of the City under the direction of City Council Item ED33.9, headed "Deputy Mayor's Manufacturing Roundtable Summary Report" adopted by City Council at its meeting on August 25, 26, 27 and 28, 2014. Recommendation 2 of ED33.9 provides the City Solicitor and appropriate City Staff with standing direction to appeal any Committee of Adjustment decision that does not conform to the Official Plan's Employment Area policies. The subject property is designated Core Employment Areas in the City of Toronto Official Plan. The proposed use is not permitted under the applicable Zoning By-law and does not conform with certain Employment Area policies in the Official Plan. A hearing date of February 23, 2023 has been scheduled by the TLAB. This Motion will direct the City Solicitor to withdraw the appeal of the Committee of Adjustment's decision.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council direct the City Solicitor to withdraw the City's appeal of the Committee of Adjustment Decision A0332/22EYK permitting a bingo hall at 360 Evans Avenue and take any necessary action to give effect to City Council's decision.

  Staff recommendation as filed

  Councillor Frances Nunziata, seconded by Councillor Amber Morley, recommends that: 1. City Council direct the City Solicitor to withdraw the City's appeal of the Committee of Adjustment Decision A0332/22EYK permitting a bingo hall at 360 Evans Avenue and take any necessary action to give effect to this recommendation.

• RM2.5received

  Presentations, Introductions and Announcements

  Various presentations and announcements will be made at the City Council meeting.

  Various presentations, introductions and announcements were made to City Council on December 14 and 15, 2022. Speaker Nunziata, during the morning session of the meeting, called upon Mayor Tory to recognize Brad Ross, Chief Communications Officer on his retirement from the City. Mayor Tory commended Brad Ross on his instrumental role in handling communications for the City throughout the pandemic. Mayor Tory noted that Mr. Ross, as the City's first Chief Communications Officer, was a consistent spokesperson for the City in how he said things and how he communicated to the public with professionalism and great skill. Mayor Tory stated that Mr. Ross had done his job, communicating the strategic direction of the City and Council's priorities to the public, with clear language with an approachable style that earned him the respect of the media, his peers and the rest of the public service, and of the Council and the City at large. Mayor Tory, on behalf of the Members of Council, expressed his gratitude and affection and presented a plaque to Brad Ross. Brad Ross addressed City Council and thanked Mayor Tory. Mr. Ross said that it had been a privilege to lead Communications and speak on behalf of the City of Toronto. Mr. Ross expressed his pride in the City's team of communications professionals and thanked the Senior Leadership Team, colleagues on the Corporate Leadership Team, the Mayor and other City officials for their leadership in the City's response to--and ultimate recovery from--Covid-19. Brad Ross also recognized his wife and children, thanked the members of the Toronto media, and wished the Members of Council a successful new term. Councillor Myers addressed City Council and recounted an assault that took place on December 12 on an Imam during prayer at Islamic Foundation Toronto. Councillor Myers noted that while no one was seriously injured in the assault, the incident has shaken the sense of safety and peace and that Members of Council must offer their collective support to the Imam and members of Islamic Foundation Toronto. Councillor Myers recognized two congregants who subdued the assailant, and thanked Mayor Tory for his support of Islamic Foundation Toronto, Toronto Police 42 Division for protecting the mosque, and Councillor Bravo, Councillor Malik, and Speaker Nunziata for their expressions of support and offers of help. Councillor Cheng, during the afternoon session of the meeting, thanked Members of Council who registered to be part of the secret Santa. Councillor Cheng advised Members of Council that she brought cookies and key chains for everyone, and that the cookies were made by two refugees from Ukraine, and the key chains were made by an individual who is experiencing homelessness.

• CC2.6adopted

  2-24 Temple Avenue - Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - Request for Further Directions

  The purpose of this report is to request further instructions in light of a third Case Management Conference ("CMC") scheduled for January 19, 2023 before the Ontario land Tribunal (the "OLT" or "Tribunal"). Temple Ave Partners Inc. (the "Applicant" or "Owner") has applied for a Zoning By-law Amendment for the property municipally known as 2 - 24 Temple Avenue (the "Site" or "Subject Site"). On January 18, 2021, the Applicant applied for amendments to the Zoning By-Law in order to permit a 16-storey residential building with 273 dwelling units (the "Application"). The proposed height is 56.45 metres (including the mechanical penthouse). The gross floor area ("GFA") is 19,696 square metres, which results in a floor space index ("FSI") of 8.09 times the lot area. The proposed building is within the Apartment Neighbourhoods land-use designation. On September 1, 2021, the applicant appealed its Application to the Ontario Land Tribunal (the "OLT"), pursuant to s. 34(11) of the Planning Act, due to Council not making a decision within the statutorily prescribed time frame. The appeal is known as OLT Case No. OLT-21-001749. An OLT hearing for this matter was originally scheduled between September 26 - October 4, 2022 but was subsequently converted to a CMC that was held on September 26. Mediation sessions were held on May 27, 2022 and June 1, 2022.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2022). 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 29, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the With Prejudice Settlement Offer dated October 18, 2022 for the lands municipally known as 2-24 Temple Avenue in Appendix 1 to the report (November 29, 2022) from the City Solicitor and as generally shown on the Revised Plans dated October 12, 2022 in Appendix 2 to the report (November 29, 2022) from the City Solicitor, subject to Parts 2 to 6 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter in support of the With Prejudice Settlement Offer dated October 18, 2022 for the lands municipally known as 2-24 Temple Avenue in Appendix 1 to the report (November 29, 2022) from the City Solicitor and as generally shown on the Revised Plans dated October 12, 2022 in Appendix 2 to the report (November 29, 2022) from the City Solicitor. 3. Prior to the issuance of the Notice of Approval Conditions for site plan approval for the proposed development, City Council require that: a. the owner shall submit to the City a Construction Mitigation Strategy and Tenant Communication Plan to mitigate the impacts of construction of the development, to the satisfaction of the Chief Planner and Executive Director, City Planning; and b. the owner shall provide confirmation that outstanding issues listed in the Engineering and Construction Services memo to City Planning dated June 7, 2021 have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services. 4. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold issuance of its final Order on the Zoning By-law Amendment until the Ontario Land Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment(s) are in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor; b. City Council has approved the Rental Housing Demolition application for 2-24 Temple Avenue, under Chapter 667 of the Toronto Municipal Code and pursuant to Section 111 of the City of Toronto Act to demolish the existing rental dwelling units at 2-24 Temple Avenue, and, should City Council authorize the application, that the owner has entered into a Section 111 Agreement pursuant to Section 111 of the City of Toronto Act, 2006, and registered said Agreement on title to the, satisfaction of the City Solicitor; c. the owner has submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; d. the owner has secured the design and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports in order to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; e. the owner has submitted a revised Transportation Impact Study, including an updated Parking and Loading Study and Transportation Demand Management strategy, all to the satisfaction of the General Manger, Transportation Services; and f. the owner has submitted a revised exploratory root excavation report, to the satisfaction of the Supervisor, Tree Protection and Plan Review, Urban Forestry. 5. City Council authorize the City Solicitor and all other appropriate City staff to take such actions that are necessary to implement City Council's decision, including execution of the Section 111 agreement and other related agreements. 6. City Council authorize the City Solicitor to retain external planning consultants, as necessary, if City Council does not accept the With Prejudice Settlement Offer. The balance of Confidential Attachment 1 to the report (November 29, 2022) from the City Solicitor remains confidential in accordance with the provision of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

  Staff recommendation as filed

  The City Solicitor recommends that: 1. City Council adopt the confidential recommendations contained in the Confidential Attachment 1 to this report (November 29, 2022) from the City Solicitor. 2. If the City Solicitor's confidential recommendations are adopted by City Council, then City Council authorize the public release of: a. The recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege).

• MM2.6adopted

  A Flood of Liabilities: Impact of Bill 23 on Insurance and Liability Claims - by Councillor Paula Fletcher, seconded by Councillor Alejandra Bravo

  The Province of Ontario has approved the legislation contained in Bill 23 that impacts the Toronto and Region Conservation Authority's powers to regulate development in floodplains and other environmentally sensitive areas. Additionally this Council heard from the General Manager of Toronto Water that he was concerned about funding for any studies required in the provision of new housing and building of necessary infrastructure in support of new residential growth e.g. sewers, water and other services. The regulation by the Conservation Authority of development in Floodplains and other environmentally sensitive areas not only provides ecological benefits but also ensures that homeowners and tenants are protected against regular flooding. With the changes contained in Bill 23 and the weakening of the ability to regulate these developments there are a number of questions around the impact on insurance and liability, both for the City and also for residents.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council request the City Manager to work with the Toronto and Region Conservation Authority to solicit feedback from Banks, Insurance Companies and Mortgage Brokers and to provide a report in the first quarter of 2023 to the appropriate committee on the potential of any insurance and liability issues that the City, the Toronto and Region Conservation Authority, tenants, and homeowners may face from residential developments in previously Conservation Authority regulated areas that are approved either by the City or the Province of Ontario.

  Staff recommendation as filed

  Councillor Paula Fletcher, seconded by Councillor Alejandra Bravo, recommends that: 1. City request the City Manager work with the Toronto and Region Conservation Authority to solicit feedback from Banks, Insurance Companies and Mortgage Brokers and provide a report in first quarter of 2023 to the appropriate committee on the potential of any insurance and liability issues that the City, the Toronto and Region Conservation Authority, tenants, and homeowners may face from residential developments in previously Conservation Authority regulated areas that are approved either by the City or the Province of Ontario.

• RM2.6amended

  Review of the Order Paper

  City Council will review the Order Paper.

  December 14, 2022: City Council adopted the December 14, 2022 Order Paper, as amended and all other Items not held on consent. December 15, 2022: City Council adopted the December 15, 2022 Order Paper.

• CC2.7adopted

  53-55 Yonge Street - Zoning By-law Amendment Application - Request for Direction

  The applicant appealed the proposed Zoning By-law Amendment Application for 53-55 Yonge Street to the Ontario Land Tribunal ("OLT") pursuant to Section 34(11) of the Planning Act due to Council's failure to make a decision on the application within the prescribed timeframe. The purpose of this report is to seek instructions for the OLT hearing of this matter which is scheduled to commence on Monday, February 27, 2023.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 1, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (December 1, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 1, 2022) from the City Solicitor remains confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 1, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the "without prejudice" settlement offer set out in Confidential Appendix A to the report (December 1, 2022) from the City Solicitor (the "Settlement Offer") and support the development proposal substantially in accordance with the revised architectural plans and drawings prepared by BDP Quadrangle Architects Limited and Partisans Architects dated November 15, 2022 as set out in Confidential Appendix B to the report (December 1, 2022) from the City Solicitor (the "Revised Plans"), subject to Parts 2 to 6 below. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing on this matter and support the Settlement Offer and Revised Plans. 3. City Council direct that, in the event discussions with the adjacent neighbour for shared loading and access are successful, City Staff be authorized to support further modifications to the Revised Plans at the Ontario Land Tribunal, in particular to the ground floor plan and parking and loading area to incorporate shared loading and access, provided they are to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the Chief Engineer and Executive Director, Engineering and Construction Services. 4. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor: b. the owner has provided a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water; c. the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Chief Engineer and Executive Director, Engineering and Construction Services and the General Manager, Toronto Water; and d. the owner has addressed all outstanding issues raised by the Toronto Transit Commission as they relate to the Zoning By-law Amendment application, including necessary setbacks from Toronto Transit Commission infrastructure, to the satisfaction of the Toronto Transit Commission. 5. City Council direct the following matters be addressed and secured through the site plan approval process for the development: a. the owner will provide knock-out panel(s) for a connection from the underground portion of the development to the King Toronto Transit Commission subway station and/or the PATH underground pedestrian walkway network, with the location of the future connection to be determined and secured prior to final site plan approval; and b. the owner will submit a revised pedestrian level wind study, to the satisfaction of the Chief Planner and Executive Director, City Planning, and provide any required wind mitigation measures. 6. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter. Confidential Appendices A and B to the report (December 1, 2022) 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 (December 1, 2022) from the City Solicitor remains confidential in accordance with the provision of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege.

  Staff recommendation as filed

  The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report (December 1, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, Confidential Appendix "A" and Confidential Appendix "B" to this report if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report to remain confidential at the discretion of the City Solicitor, as it contains advice and information which is subject to solicitor-client privilege.

• MM2.7adopted

  Update on Member Motion MM36.48 "Design Excellence in Riverside and Leslieville" - by Councillor Paula Fletcher, seconded by Councillor Ausma Malik

  At its meeting on October 1 and 4, 2021, City Council adopted Member Motion MM36.48 "Design Excellence in Leslieville and Riverside" which called on Metrolinx to work with City Staff on the specifications and design of the Lake Shore East Joint Corridor retaining and noise walls to ensure outstanding and public realm contribution, and to ensure the specifications on the noise wall are sufficient. Metrolinx embarked on a design competition that was scheduled to already have been concluded. While work on the Ontario Line progresses the local community has not had an update from Metrolinx on the Noise Wall competition. The community understands the need to ensure that the 2-kilometre above ground section of the Ontario Line is built in a way that mitigates the impacts as much as possible, even while many feel that the line should be built underground.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council request the Deputy City Manager, Infrastructure and Development Services, and the Chief Planner and Executive Director, City Planning, to report to the January 31, 2023 meeting of the Executive Committee on the Metrolinx Noise Wall Design Competition, including consideration of whether the competition met City standards for consultation, procurement, and whether the selected design meets the City's Urban Design and Public Realm standards.

  Staff recommendation as filed

  Councillor Paula Fletcher, seconded by Councillor Ausma Malik, recommends that: 1. City Council request the Deputy City Manager, Infrastructure and Development Services, and the Chief Planner and Executive Director, City Planning, to report to the January 31, 2023 meeting of the Executive Committee on the Metrolinx Noise Wall Design Competition, including consideration of whether the competition met City standards for consultation, procurement, and whether the selected design meets the City's Urban Design and Public Realm standards.

• CC2.8adopted

  277 Wellington Street West - Zoning By-law Amendment - Ontario Land Tribunal Appeal - Request for Direction

  On December 23, 2020, a Zoning By-law Amendment application was submitted to the City for the lands at 277 Wellington Street West. The application was to permit a 66-storey (232.3 metres, including mechanical penthouse) mixed-use building containing 116 square metres of retail space, 9,169 square metres of office uses, and 645 residential units. The proposed 9-storey (42.90 metres) base building would contain retail and office uses. The application was appealed to the Ontario Land Tribunal (OLT) on May 25, 2022 for Council's failure to make a decision on the application within the prescribed timelines in the Planning Act. A Case Management Conference was held at the OLT on August 31, 2022. A second Case Management Conference has been scheduled for February 14, 2023, and a 5-day hearing has been scheduled commencing on June 5, 2023. The City Solicitor seeks direction on this matter no later than the completion of the City Council meeting which starts on December 14, 2022.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 1, 2022) from the City Solicitor. 2. City Council authorize the public release of confidential instructions to staff in Confidential Attachment 1 and Confidential Attachments 2 and 3 to the report (December 1, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 1, 2022) from the City Solicitor remain confidential as it contains information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 1, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer dated November 29, 2022 and City Council direct the City Solicitor and staff to attend the Ontario Land Tribunal in support of the revised proposed development. 2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law amendment until such time that: a. the Ontario Land Tribunal has been advised by the City Solicitor that the proposed Zoning By-law Amendment is in a form satisfactory to the City; b. the owner submits, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, a revised Functional Servicing Report and Stormwater Management Report; c. the owner provides confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; d. the owner has made satisfactory arrangements for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and e. a limiting distance agreement has been registered on title to the property known municipally as 263 Wellington Street West to the satisfaction of the City Solicitor. Confidential Attachments 2 and 3 to the report (December 1, 2022) 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 (December 1, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that is subject to solicitor-client privilege.

  Staff recommendation as filed

  The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the City Solicitor's confidential recommendations are adopted by Council, then City Council authorize the public release of: a. the recommendations contained in Confidential Attachment 1 (with the remainder of Confidential Attachment 1 to remain confidential as it contains information that is subject to solicitor-client privilege), and b. Confidential Attachment 2 and Confidential Attachment 3.

• MM2.8withdrawn

  Waiving Development Charges and Other Fees to Support the Renovation of Blake Boultbee Youth Outreach Service at 41 Blake Street - by Councillor Paula Fletcher, seconded by Councillor Mike Colle

  Blake Boultbee Youth Outreach Service has been providing long-term psychotherapy and counselling for high-risk, vulnerable youth and families since 1989, with a special focus on the Blake-Boultbee community in Ward 14. The long-term presence of Blake Boultbee Youth Outreach Service in the Blake-Boultbee neighbourhood has had a profound impact on the mental health of residents and on overall community safety. In response to the growing demand for their community mental health services, Blake Boultbee Youth Outreach Service is renovating their house at 41 Blake Street to add the space required to grow from two to three therapists/counsellors and expand their mental health services. The renovation will also achieve other important community and City objectives. The building expansion will be focused solely on the ground floor so that Blake Boultbee Youth Outreach Service's services will be fully accessible, consistent with the goals of the Accessibility for Ontarians with Disabilities Act. Blake Boultbee Youth Outreach Service is sustained by the generous donation of foundations and hundreds of individual donors. Blake Boultbee Youth Outreach Service has successfully raised the bulk of the renovation costs, however, the $18,657 in development charges imposes a significant burden on the project. Considering the important mental health services that Blake Boultbee Youth Outreach Service provides, free of charge, to underserved and marginalized communities, we recommend that all site plan fees be waived for their renovation project, so that work can proceed in 2023.

  Motion MM2.8 was withdrawn at City Council on December 14 and 15, 2022.

  Staff recommendation as filed

  Councillor Paula Fletcher, seconded by Councillor Mike Colle, recommends that: 1. City Council exempt Blake Boultbee Youth Outreach Service from the payment of development charges in respect of Building Permit Application Number 22 155607 BLD00 BA for the proposed renovation to the Blake Boultbee Youth Outreach Centre at 41 Blake Street.

• CC2.9adopted

  429 to 455 Richmond Street East, 69 to 75 Ontario Street- Zoning Amendment Application - Request for Direction

  The applicant appealed the proposed Zoning By-law Amendment Application for 429-455 Richmond Street East and 69-75 Ontario Street to the Ontario Land Tribunal ("OLT") pursuant to Section 34(11) of the Planning Act due to Council's failure to make a decision on the application within the prescribed timeframe. The purpose of this report is to seek instructions for the OLT hearing of this matter which is scheduled to commence on January 16, 2023. Further direction from City Council is required on this matter.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (December 5, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor remain confidential, at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. December 16, 2022 The confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the settlement offer set out in Confidential Appendix A ("Settlement Offer") to the report (December 5, 2022) from the City Solicitor and support the development proposal substantially in accordance with the revised architectural plans and drawings prepared by architectsAlliance, dated November 25, 2022, as set out in Confidential Appendix A (the "Revised Plans") to the report (December 5, 2022) from the City Solicitor, subject to Parts 2 to 5 below. 2. City Council authorize the City Solicitor and other appropriate staff to attend the Ontario Land Tribunal hearing in support of the Zoning By-law Amendment application for 429 to 455 Richmond Street East, 69 to 75 Ontario Street, as revised and described in Confidential Attachment 1, the Settlement Offer and the Revised Plans. 3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final form and content of the Zoning By-law Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has addressed all outstanding issues raised by Parks, Forestry and Recreation as they relate to a parkland dedication, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the City Solicitor; c. the owner has submitted revised Functional Servicing and Stormwater Management, Hydrogeological and Geotechnical Reports, and any other related engineering reports and drawings, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and has agreed that the design and implementation of municipal infrastructure will be at the owner's sole cost and expense for any upgrades or improvements to City infrastructure identified in the approved Functional Servicing and Stormwater Management, Hydrogeological and/or Geotechnical Reports, with such improvements being secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and d. the owner has provided for the withdrawal of their appeals of Official Plan Amendments 352 and 525, and shall not seek any party or participant status on those appeals. 4. City Council direct the following matters be addressed and secured through the site plan approval process for the development: a. the owner shall submit a revised pedestrian level wind study, to the satisfaction of the Chief Planner and Executive Director, City Planning, and provide any required wind mitigation measures; b. the owner shall submit documentation and financial contributions in the form of certified cheques (overall amount to be determined) for the implementation of a Transportation Demand Management plan, to the satisfaction of the General Manager, Transportation Services, prior to Site Plan Approval; these provisions may include, but are not limited to: i. one (1) bike-share membership per unit, offered for the first year of occupancy; ii. one (1) one-month Presto membership per unit, offered during the first year of occupancy; and iii. a minimum of two (2) bike repair stations provided on-site; c. the owner shall explore whether a further widening of the sidewalk space along the Richmond Street East frontage can be achieved through potentially narrowing the vehicle lanes of the street, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the Chief Planner and Executive Director, City Planning, prior to Site Plan Approval; this would be secured through measures including the submission of an acceptable functional plan, cost estimate and financial security; and d. the owner shall submit a shared access agreement to allow the driveway for the 53-55 Ontario site to the south to be shared with the Site. 5. City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of and give effect to the settlement, including the Zoning By-law Amendment and any other related planning instruments and the City Solicitor be authorized to request that the Ontario Land Tribunal approve the development in accordance with City Council's decision. Confidential Appendix A to the report (December 5, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (December 5, 2022) 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 (December 5, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

  Staff recommendation as filed

  The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Appendix A, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential, at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

• MM2.9adopted

  Greenwood Park - Designation of a Temporary Off-Leash Area - by Councillor Paula Fletcher, seconded by Councillor Shelley Carroll

  The City of Toronto has been undertaking capital improvements to the existing off-leash area at Greenwood Park. The full reopening of the off-leash area, originally planned for August 2022, has been delayed due to supply chain and contractual issues. City staff have been working with the contractor to mitigate the disruption to the community and the off-leash area partially reopened in late-November 2022. However, given the significant delay and the loss of access to this valued amenity at Greenwood Park, a temporary off-leash area is required at this location. The temporary off-leash area will be available until March 31, 2023 in order to allow staff to remediate the turf prior to the start of sports field permits in the spring.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the local Councillor, to designate a temporary off-leash area located at the east side of the existing off-leash area that is currently undergoing capital improvements at Greenwood Park for use Monday to Sunday until March 31, 2023 with hours to be set by the General Manager, Parks, Forestry and Recreation, in consultation with the local Councillor, and to install signage advising that commercial dog walkers are not permitted and install snow fencing, to ensure that the area is separated from other park uses.

  Staff recommendation as filed

  Councillor Paula Fletcher, seconded by Councillor Shelley Carroll, recommends that: 1. City Council direct the General Manager, Parks, Forestry and Recreation, in consultation with the local Councillor, to designate a temporary off-leash area located at the east side of the existing off-leash area that is currently undergoing capital improvements at Greenwood Park for use Monday to Sunday until March 31, 2023 with hours to be set by the General Manager, Parks, Forestry and Recreation, in consultation with the local Councillor, and to install signage advising that commercial dog walkers are not permitted and install snow fencing, to ensure that the area is separated from other park uses.