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.

• 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.

• CC2.10adopted

  3280 Dufferin Street and 12-16 Orfus Road - Zoning By-law Amendment Application - Request for Further Direction Regarding Ontario Land Tribunal Hearing

  On June 14, 2021 a Zoning By-law Amendment application was submitted to permit a 14-storey (45.2 metres) mixed-use building with 352 residential units and retail at grade, and a 494.8 square metre on-site parkland dedication at the northeastern portion of the site. The property is designated Mixed Use Areas in the Official Plan, which allows a broad range of commercial, residential and institutional uses in single use or mixed use buildings, as well as parks and open spaces and utilities. The eastern portion of the site at 3280 Dufferin Street is within the Dufferin Street Secondary Plan (DSSP) area. On November 18, 2021 the Applicant appealed the application to the Ontario Land Tribunal ("OLT") due to Council not making a decision within the 90-day time frame in the Planning Act. On May 2, 2022, the first Case Management Conference ("CMC") was held, and the OLT granted Party status to two adjacent land owners. On June 27, 2022, the OLT conducted a mediation with all parties but no settlement was reached. On July 19, a second CMC was held, and the OLT scheduled a 7-day hearing for the Zoning By-law Amendment application from January 9, 2023. On September 9, 2022, the Applicant submitted revised drawings to the OLT in accordance with the Procedural Order from the OLT. The purpose of this report is to request further instructions for the OLT hearing that is scheduled to commence on January 9, 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 6, 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 (December 6, 2022) from the City Solicitor. 3. City Council direct that Confidential Appendices A and B to the report (December 6, 2022) from the City Solicitor be kept confidential, as they contain advice or communications that are subject to solicitor-client privilege and information regarding potential litigation. 4. City Council direct that the balance of Confidential Attachment 1 to the report (December 6, 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. The confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council refuse the settlement offer on the appeal related to 3280 Dufferin Street and 12-16 Orfus Road on terms set out in a letter dated November 15, 2022, by Davies Howe LLP, attached as Confidential Appendix A to the report (December 6, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal hearing commencing on January 9, 2023 in opposition to the settlement offer; documents attached to the settlement offer are listed below and attached as Confidential Appendix B to the report (December 6, 2022) from the City Solicitor: a. Architectural Plans prepared by IBI Architects, dated September 9, 2022; b. Landscape Plan prepared by Strybos Barron King Landscape Architecture, dated October 25, 2022; c. Shadow Study prepared by IBI Architects, dated August 2022; and d. Draft Zoning By-law Amendments dated November 9, 2022. 3. City Council instruct the City Solicitor to request, if the appeal is allowed, in whole or in part, the Ontario Land Tribunal to continue to withhold its Final Order on the Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that the following matters have been resolved: a. the Ontario Land Tribunal has been advised by the City Solicitor that the final form of the Zoning By-law Amendments are satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor; b. the owner has submitted revised architectural and landscape plans to the satisfaction of the Chief Planner and Executive Director, City Planning; c. the owner has submitted a revised shadow study and a wind tunnel test and study, to the satisfaction of the Chief Planner and Executive Director, City Planning; d. the owner has submitted an updated Transportation Impact Study to the satisfaction of the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning; e. the owner has submitted a revised Travel Demand Management (TDM) Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, and that such matters arising from such study be secured if required; f. the owner has addressed all outstanding engineering issues outlined in the memo dated December 1, 2021 from Engineering and Construction Services as they relate to the Zoning By-law Amendments and Site Plan Control applications, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; g. the owner has provided a revised Functional Servicing and Stormwater Management Report to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Toronto Water; h. the owner has designed and provided financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing Report and Stormwater Management Report, 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; in requiring any off site municipal infrastructure upgrades the owner is to make satisfactory arrangements with Engineering and Construction Services for work on the City's Right-of-Way; i. the owner has confirmed from the City Solicitor that the implementation of the Functional Servicing Report and Stormwater Management Report accepted by the Chief Engineer and Executive Director, Engineering and Construction Services, and the General Manager, Transportation Services, does not require changes to the proposed amending by-laws, or any such required changes have been made to the proposed amending by-laws to the satisfaction of the Chief Planner and Executive Director, City Planning; j. the owner has provided space within the development for installation of maintenance access holes and sampling ports on the private side, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681.10; k. the list of site plan approval conditions has been finalized to the satisfaction of the Chief Planner and Executive Director, City Planning, and the applicant has satisfied all site plan approval conditions, including entering into and registering a Site Plan Agreement pursuant to Section 41 of the Planning Act and Section 114 of the City of Toronto Act, 2006, with such Agreement to include Conditions of Site Plan Approval; l. the owner has addressed any applicable issues resulting from the City's peer review of the Compatibility and Mitigation Studies prepared in support of your application by Gradient Wind, dated May 21, 2021, having accepted on February 28, 2022, the City's terms on the peer review by Arcadis Canada of your Compatibility and Mitigation Studies as set out in our letter dated February 23, 2022 from the Director, Community Planning, North York; and m. the owner has addressed all outstanding issues related to the Zoning By-law Amendment application within the Planning Memorandum dated August 10, 2021, or as may be updated, to the satisfaction of the Director, Community Planning, North York District, and satisfied all other comments and issues of other City Divisions and agencies related to the Zoning By-law Amendment. The balance of Confidential Attachment 1 to the report (December 6, 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 6, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Appendices A and B to the report (December 6, 2022) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.

  Staff recommendation as filed

  The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations 1, 2 and 3 contained in the Confidential Attachment 1 to this report, if adopted by City Council. Confidential Appendix "A" and Confidential Appendix "B" to Confidential Attachment 1 should be kept confidential, if confidential recommendations 1, 2 and 3 contained in Confidential Attachment 1 to this report are 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.

• MM2.10adopted

  240 Markland Drive - Technical Amendment to By-law 1153-2022 (OLT) - by Councillor Stephen Holyday, seconded by Councillor Frances Nunziata

  At its meeting of February 2, 2022, City Council endorsed a settlement with an applicant on a revised development application for 240 Markland Drive (Item CC39.3). The revised application included built form modifications to a previous approval for the site but maintained the community benefit contributions and the retention of all the on-site rental units. The settlement was approved by the Ontario Land Tribunal in an Order issued on August 12, 2022 in Tribunal File OLT-22-004181 and the Tribunal has now closed their file. It has come to the attention of City Planning that certain technical changes are required to By-law No. 1153-2022 (OLT) to correct minor technical and stylistic errors. Two changes to the text of the by-law are required due to the erroneous inclusion of an older zoning standard for minimum lot area per unit. It is also proposed that several diagrams be replaced for clarity, to correct a reference to the minimum lot area per unit standard, and to accurately depict the boundary of the zone. The building has not changed in any material way from what was approved by City Council. It is therefore appropriate that the technical amendments as set out in the Recommendations be made to By-law 1153-2022 (OLT) without the need for any further public notice. This is an urgent matter as the owner is preparing to begin construction and ambiguity in the zoning by-law may introduce delay in obtaining building permits.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council amend By-law 1153-2022(OLT) by replacing Sections 3 and 8(D) with the language in the draft by-law attached to this motion, and replacing Diagrams 2, 3, 4, and 5 with the revised Diagrams 2, 3, 4, and 5 in Attachment 1 to this Member Motion MM2.10. 2. City Council direct the City Solicitor to bring forward to City Council meeting of December 14, 2022 for enactment by City Council, by-laws to make the changes noted in Part 1 above to By-law 1153-2022(OLT). 3. City Council determine that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 1153-2022(OLT).

  Staff recommendation as filed

  Councillor Stephen Holyday, seconded by Councillor Frances Nunziata, recommends that: 1. City Council amend By-law 1153-2022(OLT) by replacing Sections 3 and 8(D) with the language in the draft by-law attached to this motion, and replacing Diagrams 2, 3, 4, and 5 with the revised Diagrams 2, 3, 4, and 5 attached to this motion. 2. City Council direct the City Solicitor to bring forward to City Council meeting of December 14, 2022 for enactment by City Council, by-laws to make the changes noted in Recommendation 1 to By-law 1153-2022(OLT) 3. City Council determine through the adoption of this recommendation that, pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 1153-2022(OLT).

• CC2.11adopted

  4926 Bathurst Street - Official Plan and Zoning Amendment Application - Request for Direction

  The purpose of this report is to request further instructions for the potential Ontario Land Tribunal ("OLT") hearing into this matter currently scheduled to commence on March 20, 2023, for two weeks. The applicant appealed the proposed Zoning By-law and Official Plan amendments to the OLT due to Council's failure to make a decision on the application within the time prescribed by the Planning Act.

  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 Appendices A and B 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, as it contains advice 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 as follows: 1. City Council accept the settlement offer set out in Confidential Appendices A and B (the "Settlement Offer") to the report (December 5, 2022) from the City Solicitor and authorize the City Solicitor to take all necessary steps to give effect to a settlement. 2. City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal hearing into this matter in support of the Settlement Offer and to request the Ontario Land Tribunal to hold its final order in this matter until: a. the final form and content of the draft Official Plan and Zoning By-law Amendments are determined to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the Applicant has provided a revised Functional Servicing Report, Stormwater Management Report, Municipal Servicing and Grading Plan, and any other reports or documents deemed necessary in support of the development to the City for review and acceptance by and to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and c. the Applicant has entered into a financially secured agreement to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or other reports accepted by the Chief Engineer and Executive Director, Engineering and Construction Services. Confidential Appendices A and B to the report (December 5, 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 5, 2022) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice 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. 2. If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of the recommendations contained in the Confidential Attachment 1 as well as Confidential Appendices "A" and "B", with the remainder of the Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege.

• MM2.11amended

  HELP is On The Way: Eligibility Criteria for the Home Energy Loan Program - by Councillor Paula Fletcher, seconded by Councillor Alejandra Bravo

  The City of Toronto's Home Energy Loan Program is intended to assist homeowners in completing home improvements that reduce their greenhouse gas emissions and improve their home's sustainability. The Home Energy Loan Program loan can be applied to a wide range of home improvements including: heat pumps; window replacements; insulation upgrades; high efficiency water heaters and air conditioners; toilet replacements; solar panels; and Electric Vehicle charging stations. It is an important part of meeting our TransformTO goals. The City of Toronto's TransformTO initiative which has an ambitious target of reaching net zero greenhouse gas emissions by 2040. For existing private homes, the target is to cut greenhouse gas emissions in half, from 2008. However the program can be restrictive which reduces the maximum potential benefit. Under Bylaw 587-2022, eligibility is subject to the applicant not having any late payments on property taxes, utility bills, or other City fees or charges for the past 3 years irrespective of the amount. This can lead an unforeseen situation where some residents who made tiny errors in payments are being unintentionally excluded. One example of this is a resident in Ward 14 who applied for the Home Energy Loan Program and was denied because of two late property tax payments - one of $2.00 and one of $0.62 totaling $2.62. The resident long ago paid the outstanding balance but he is still ineligible for the Home Energy Loan Program. It should be noted that for discrepancies under $1.00 the City does not send notices.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council waive, for the property owing $2.62 indicated in the Confidential Attachment to motion 1b by Councillor Paula Fletcher, the requirement in By-law 587-2022 that an applicant not have any late payments on property taxes, utility bills or other City fees or charges for the past five years. 2. City Council waive for properties that have been deemed ineligible for similar trivial reasons as the property indicated in the Confidential Attachment to motion 1b by Councillor Paula Fletcher the requirement in By-law 587-2022 that an applicant not have any late payments on property taxes, utility bills or other City fees or charges for the past five years. 3. City Council request the Deputy City Manager, Corporate Services to report to the March 20, 2023 meeting of the Infrastructure and Environment Committee with a process to allow any other applicants who are ineligible for the Home Energy Loan Program because of a minor and since rectified late payment to apply for the Home Energy Loan Program and to notify applicants that they are eligible. 4. City Council request the City Manager to review the eligibility requirements for the Home Energy Loan Program to allowing residents who have a trivial or minor late payment to successfully apply as part of the report to the March 20, 2023 meeting of the Infrastructure and Environment Committee. 5. City Council direct that Confidential Attachment to motion 1b by Councillor Paula Fletcher remain confidential as it relates to personal matters about an identifiable individual. Confidential Attachment to motion 1b by Councillor Paula Fletcher remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it relates to personal matter about an identifiable individual.

  Staff recommendation as filed

  Councillor Paula Fletcher, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council waive Bylaw 587-2022 with respect to the individual owing $2.62. 2. City Council request the Deputy City Manager, Corporate Services to report to the March 20, 2023 meeting of the Infrastructure and Environment Committee with a process to allow any other applicants who are ineligible for the Home Energy Loan Program because of a minor and since rectified late payment to apply for the Home Energy Loan Program and to notify applicants that they are eligible. 3. City Council request the City Manager to review the eligibility requirements for the Home Energy Loan Program to allowing residents who have a minor late payment to apply as part of the report to the March 20, 2023 meeting of the Infrastructure and Environment Committee.

• CC2.12adopted

  409-415 Yonge Street, 9 and 17 McGill Street - Official Plan Amendment and Zoning By-law Amendment Application - Request for Directions

  The purpose of this report is to request further instructions for an Ontario Land Tribunal (the "OLT"). In 2019, the applicant appealed its zoning by-law amendment application for 409-415 Yonge Street and 9 and 17 McGill Street (the "Site") to the OLT due to Council's refusal of the application within the time prescribed by the Planning Act (the "ZBA Appeal"). In 2022, the applicant appealed its request to amend the City's Official Plan for the Site to the OLT due to Council's failure to make a decision on that application within the time prescribed by the Planning Act (the "OPA Appeal"). The applicant revised and resubmitted the appealed applications on or around December 29, 2021 (the "Revised Proposal"). The Revised Proposal requires an amendment to the City's Official Plan, including the Downtown Plan, and the former City of Toronto Zoning By-law 438-86 and Toronto Zoning by-law 569-2013. The original proposal required permissions for a 42-storey residential addition above an existing 19-storey office building resulting in an overall building height of 61 storeys (233 metres) and a floor space index (FSI) of 24.3 times the area of the lot. The proposed addition would include 450 residential dwelling units totalling 36,128 square metres in area and also proposes; 900 square metres of indoor amenity area and no outdoor amenity space; 74 parking spaces located below grade within the three levels of the existing parking garage; and 577 bicycle parking spaces. As a whole, the proposed building would comprise a total of 53,064 square metres, of which 16,936 square metres is existing non-residential gross floor area. The Revised Proposal removes the existing office building and proposes a new 69-storey mixed use tall building on the Site. Primarily non-residential uses are proposed for the first storey within the base building (save for a residential lobby) within the base building, and office uses are proposed for the second through sixth storeys of the base building. Residential uses and related amenity space are proposed for the rest of the building. A statistical comparison between the original proposal and the Revised Proposal can be found below. The Revised Proposal requires an amendment to the City's Official Plan to re-designate the McGill Parkette (which forms a part of the Site and is currently leased to the City as parkland) from Parks to Mixed Use Areas, to re-designate said lands from Parks as Mixed Use Areas 2 - Intermediate as shown on the Downtown Plan Maps 41-3 and 41-3C, and to establish a Site and Area Specific Policy in Chapter 7 of the Official Plan to permit the proposed 69-storey building on the lands.

  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 6, 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 (December 6, 2022) from the City Solicitor at the discretion of the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 6, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (December 6, 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 and information that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (December 6, 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 the Confidential Attachment 1 to the Report (December 7, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to this report from the City Solicitor at the discretion of the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.

• MM2.12adopted

  Authorization to release Section 37 funds to the Sir William Campbell Foundation for Public Realm Improvements on Queen Street West respecting Relic Linear Park - by Councillor Ausma Malik, seconded by Councillor Alejandra Bravo

  Authority is being sought to release Section 37 funds to the Sir William Campbell Foundation, a non-profit organization that maintains and operates Campbell House Museum. The monies are to be utilized to construct Relic Linear Park, as part of the Grange Green Plan. The purpose of the Grange Green Plan is to improve public green space, enhance private greening efforts, and contribute to the City's environmental and climate change agenda, improving both human and ecosystem health within the Grange community. Relic Linear Park, along the City's right-of-way boulevard, will be connecting green spaces throughout the Grange community. Due to unforeseen construction delays occurring due to City water main work at and adjacent to the site, funding is needed to winterize the site for mason work during the winter. This funding will ensure the project is completed prior to March 31, 2023 to receive a previously approved federal grant. The work being completed is along Simcoe Street at Queen Street West, fronting the historic Campbell House Museum. This project is an initiative of the Sir William Campbell Foundation and the Grange community, with the support of Transportation Services, who will maintain the hard landscaping upon completion. The intent of this motion is to transfer a total of $33,000 of Section 37 funds to the Sir William Campbell Foundation to provide one-time capital funding for the purpose of winterizing the Relic Linear Park site for mason work during the winter. The Section 37 funds are from the development at 219 Queen Street West and the development at 426 University Avenue, secured for various purposes including streetscape improvements and park improvements.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council increase, on a one-time basis, the 2022 Approved Operating Budget for Non-Program, by $33,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from the following developments: a. 219 Queen Street West, in the amount of $25,797 (Source Account: XR3026-3700663), secured for various purposes including streetscape improvements (Cost Centre: NP2161) ; and b. 426 University Avenue, in the amount of $7,203 (Source Account: XR3026-3700306), secured for various purposes including local park improvements and/or streetscape improvements to Queen Street West (Cost Centre: NP2161); for the purpose of providing one time capital funding to the Sir William Campbell Foundation to winterize the Relic Linear Park site for mason work during the winter. 2. City Council direct that the funds be forwarded to the Sir William Campbell Foundation upon the signing of an Undertaking that governs the use of the funds and the financial reporting requirements.

  Staff recommendation as filed

  Councillor Ausma Malik, seconded by Councillor Alejandra Bravo, recommends that: 1. City Council increase, on a one-time basis, the 2022 Council Approved Operating Budget for Non-Program, by $33,000.00 gross, $0 net, fully funded by Section 37 (Planning Act Reserve Funds) community benefits from the following developments: a. 219 Queen Street West, in the amount of $25,797 (Source Account: XR3026-3700663), secured for various purposes including streetscape improvements (Cost Centre NP2161) ; and b. 426 University Avenue, in the amount of $7,203 (Source Account: XR3026-3700306), secured for various purposes including local park improvements and/or streetscape improvements to Queen Street West (Cost Centre NP2161); for the purpose of providing one time capital funding to the Sir William Campbell Foundation to winterize the Relic Linear Park site for mason work during the winter. 2. City Council direct that the funds be forwarded to the Sir William Campbell Foundation upon the signing of an Undertaking that governs the use of the funds and the financial reporting requirements.

• CC2.13adopted

  1960 Eglinton Avenue East - Official Plan Amendment Application - Request for Directions

  On February 4, 2020, the applicant submitted an Official Plan Amendment to add a Site and Area Specific Policy ("SASP") to permit a mixed-use development, including a stand-alone employment facility, a new public street, public parkland and open space for the property at 1960 Eglinton Avenue East (the "Subject Lands"). The Subject Lands are located within the Golden Mile Secondary Plan (the "GMSP") area and are designated Mixed Use Areas. On October 28, 2020, the applicant appealed their proposed SASP to the Ontario Land Tribunal (the "OLT") due to Council's failure to make a decision within the statutory timeframe. A Case Management Conference ("CMC") is scheduled for January 11, 2023. The purpose of this report is to request further instructions regarding a matter appealed to the OLT.

  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 Appendices A, B and C 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 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 as follows: 1. City Council accept the settlement offer attached as Confidential Appendix A to the report (December 5, 2022) from the City Solicitor (the "Settlement Offer"), substantially in the form and content of Confidential Appendix B to the report (December 5, 2022) from the City Solicitor and endorse the Context Plan in Confidential Appendix C to the report (December 1, 2022) from the City Solicitor (together, the "Revised Proposal") for the lands municipally known as 1960 Eglinton Avenue East (the "Development Site") and direct the City Solicitor to attend the Ontario Land Tribunal to support the Revised Proposal, subject to Parts 2 to 5 below. 2. In the event that the Ontario Land Tribunal allows the appeal in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of any Order(s) on the Official Plan Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that: a. the final content and form of the Official Plan Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, including any revisions to the maps and schedules to the Official Plan Amendment as may be necessary to implement the Settlement Offer; and b. the Owner has agreed to resolve its appeal of Official Plan Amendment 499, including the Golden Mile Secondary Plan to implement the Revised Proposal and that Official Plan Amendment 499 as adopted by City Council is brought into force as it applies to the Site, subject to any authorized changes as may be required as determined by the Chief Planner and Executive Director, City Planning and the City Solicitor to implement this Settlement Offer for this Site, including, but not limited to, minimizing duplicative/repetitive policies, maps or references and, if deemed appropriate, incorporating the proposed Site and Area-Specific Policy into Section 14 of the Golden Mile Secondary Plan, instead of Chapter 7, Site and Area Specific Policies of the Official Plan. 3. Prior to attending the Ontario Land Tribunal on this matter, City Council direct that the Owner submit to the City a complete resubmission on the Official Plan Amendment application including updated reports, plans, drawings and materials satisfactory to the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the appropriate divisions. 4. Prior to any Order being issued by the Ontario Land Tribunal, City Council direct that the Owner provide satisfactory materials to address servicing capacity matters and infrastructure improvements, either through a Master Servicing Study for the Golden Mile Area or through a Functional Servicing and Stormwater Management Report for the Property in coordination with the Master Servicing Study to support the proposed density in this Settlement Offer satisfactory to the Chief Engineer and Executive Director, Engineering and Construction Services. 5. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Appendices A, B and C to the report (December 5, 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 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 and information 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 the 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, Confidential Appendix "A", Confidential Appendix "B", and Confidential Appendix "C" to this report, if adopted by City Council. 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.

• MM2.13adopted

  7437, 7439 and 7441 Kingston Road - Technical Amendment to By-law 1087-2021 - by Deputy Mayor Jennifer McKelvie, seconded by Councillor Paul Ainslie

  At its meeting held on October 1 and 4, 2021, City Council adopted Scarborough Community Council Item 2021.SC.26.2, which recommended amendments to the City of Toronto Zoning By-law 569-2013 to permit the redevelopment of 7437, 7439 and 7441 Kingston Road at a height and density greater than otherwise permitted in the City of Toronto Zoning By-law 569-2013 in exchange for the provision of such facilities, services, and matters otherwise set in the By-law and Section 37 Agreement. City Council enacted By-law 1087-2021 at its meeting on October 1 and 4, 2021 to permit the development. Technical and stylistic amendments are required to correct the following errors that have come to City Planning's attention since the By-law was enacted: · Diagram 7 incorrectly depicts the main wall setback dimension between the Type G Loading Space within Tower A (eastern tower) and the main walls of Tower B resulting in an internal setback that does not correctly match the Council approved rezoning application, and associated Site Plan drawing as detailed in the Final Report; and · A discrepancy in the calculation of outdoor amenity space results in a conflict with Regulation 40.10.40.50(1) of the City of Toronto Zoning By-law 569-2013 and requires correction; this results from a change in measurement methodology for the calculation of outdoor amenity space rather than a change in the drawings and plans on the rezoning application, which were before Community Council for the statutory public meeting and before City Council in the Final Report. City Planning is of the opinion that the technical amendments to By-law 1087-2021 as set out in the Recommendations above are appropriate, are good planning and do not require any further public notice. This is an urgent matter since the By-law was enacted almost a year ago and further delay may cause hardship to the applicant.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council amend By-law 1087-2021 by replacing Diagram 7 attached to the by-law with the revised Diagram 7 attached to Member Motion MM2.13. 2. City Council amend By-law 1087-2021 and Exception CR 404 by inserting the following Regulation (S): (S) Despite clause 40.10.40.50(1), a building with 20 or more dwelling units must provide amenity space as follows: a. a minimum of 844 square metres of indoor amenity space; b. a minimum of 639 square metres of outdoor amenity space; 3. City Council direct the City Solicitor to bring forward to the City Council meeting of December 14, 2022 for enactment by City Council, a by-law to make the changes noted in Parts 1 and 2 above to By-law 1087-2021. 4. City Council determine that pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 1087-2021.

  Staff recommendation as filed

  Deputy Mayor Jennifer McKelvie, seconded by Councillor Paul Ainslie, recommends that: 1. City Council amend By-law 1087-2021 by replacing Diagram 7 attached to the by-law with the revised Diagram 7 attached to this Motion. 2. City Council amend By-law 1087-2021 and Exception CR 404 by inserting the following Regulation (S): (S) Despite clause 40.10.40.50(1), a building with 20 or more dwelling units must provide amenity space as follows: a. a minimum of 844 square metres of indoor amenity space; b. a minimum of 639 square metres of outdoor amenity space; 3. City Council direct the City Solicitor to bring forward to the City Council meeting of December 14, 2022 for enactment by City Council, a by-law to make the changes noted in Parts 1 and 2 above to By-law 1087-2021. 4. City Council determine that pursuant to Section 34(17) of the Planning Act, no further notice is to be given in respect of the changes to By-law 1087-2021.

• CC2.14adopted

  Appeals of City-wide Zoning By-law 569-2013 - Request for Direction

  On May 8, 2019 the Local Planning Appeal Tribunal, now the Ontario Land Tribunal ("OLT"), issued its Decision and Order (the "Decision" or "Order") on the Phase 3 Hearing of the appeals of the city-wide Zoning By-law 569-2013 ("By-law 569-2013") concerning the regulations of the Chapter 15 Residential Apartment Zone Category and the Chapter 30 Commercial Zone Category. The Conservatory Group was the lone appellant at the Hearing (the "Appellant" or "Conservatory Group"). The main issue in the Phase 3 Hearing concerned whether townhouses are a permitted building type in the Residential Apartment ("RA"), Residential Apartment Commercial ("RAC") and Commercial Residential ("CR") Zones. Additionally, the Phase 3 Hearing considered whether townhouse-related regulations concerning driveway access and dimensions, and parking space locations are appropriate and thereby conform to the City's Official Plan. As part of its Order, the OLT ordered the City to prepare revised regulations to include townhouses as a permitted building type in the Residential Apartment Zone, in consultation with the Appellant. The OLT also ordered the City to advise the Tribunal of the revised regulations and any other provisions or changes to By-law 569-2013 that are required to give effect to the permissions for townhouses in the RA Zone. These other regulations concerning townhouses pertain to driveway access and dimensions, and parking space locations. As a result of this Order, settlement discussions with the Conservatory Group ensued in order to resolve the issues pertaining to driveway access and dimensions, and parking space locations for townhouse uses in the RA Zone of By-law 569-2013. The Tribunal's May 08, 2019 Decision and Order (the "Decision" or "Order") did not specifically consider nor approve By-law 569-2013 regulations concerning driveway access and dimensions, and parking space locations pertaining to townhouse uses in the RA Zone. As a result, Planning Staff and Legal Services engaged in resolution discussions with the Appellant (Conservatory Group) in order to resolve differences pertaining to the drafting of these regulations, with the end of goal of implementing the Tribunal's Order. The City Solicitor is seeking direction from City Council, as a result of these settlement discussions.

  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 and Confidential Appendix A to the report (November 29, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 29, 2022) from the City Solicitor remains confidential in its entirety, as it contains advice which 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 authorize the City Solicitor to submit to the Ontario Land Tribunal the proposed revisions to Zoning By-law 569-2013 in Confidential Appendix A to the report (November 29, 2022) from the City Solicitor. 2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal to present and support the proposed revisions to Zoning By-law 569-2013 in Confidential Appendix A to the report (November 29, 2022) from the City Solicitor. 3. 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. Confidential Appendix A to the report (November 29, 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 (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 instructions to staff in Confidential Attachment 1 of this report. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix "A" to Confidential Attachment 1, if they are adopted by City Council. 3. City Council direct that all other information in Confidential Attachment 1 is to remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

• MM2.14adopted

  Improving Safety on Bloor Street Bike Lanes during Construction - by Councillor Dianne Saxe, seconded by Deputy Mayor Jennifer McKelvie

  The climate crisis and Toronto's TransformTO goals require that most local trips under 5 kilometers be made by active transportation, i.e. by walking, bike, wheelchair or similar means. This goal cannot be achieved if cyclists and wheelchair users must put their lives at risk to get around our City. The protected Bloor bike lanes are critical backbones of Toronto's active transportation infrastructure. However, this protection is frequently lost in areas close to construction projects. Instead, the City typically forces vulnerable road users, such as cyclists and users of motorized wheelchairs, into so-called "shared lanes" with cars and trucks, which puts their safety at risk, or onto sidewalks, which puts pedestrians at risk, especially seniors and those with disabilities. City Council and the public are entitled to know what options are available to provide cyclists and users of motorized wheelchairs with safe ways to pass construction sites that impinge on the Bloor Street bike lanes.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council direct the General Manager, Transportation Services, in consultation with the Executive Director, Environment and Climate, to report back to the March 20, 2023, meeting of the Infrastructure and Environment Committee on how the City can provide cyclists and users of motorized wheelchairs with safe ways to pass construction sites that impinge on the Bloor Street bike lanes, without requiring them to share a lane with cars and trucks, or to share sidewalks with pedestrians.

  Staff recommendation as filed

  Councillor Dianne Saxe, seconded by Deputy Mayor Jennifer McKelvie, recommends that: 1. City Council direct the General Manager, Transportation Services, in consultation with the Executive Director, Environment and Climate, to report back to the March 20, 2023, meeting of the Infrastructure and Environment Committee on how the City can provide cyclists and users of motorized wheelchairs with safe ways to pass construction sites that impinge on the Bloor Street bike lanes, without requiring them to share a lane with cars and trucks, or to share sidewalks with pedestrians.

• CC2.15adopted

  Court Decision regarding By-law 1750-2019 and By-law 1121-2019, Provision of Emergency Social Services by Landlords

  This report summarizes the decision of the Ontario Superior Court of Justice released on November 9, 2022. This court application addressed By-law No. 1121-2019 to amend Municipal Code Chapter 354, Apartment Buildings as well as section 2 of By-law No. 1750-2019 to amend Municipal Code Chapter 441, Fees and Charges. The confidential portion of this report (Attachment 1) provides confidential information and recommendations regarding this decision.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff contained in Confidential Attachment 1 to the report (December 2, 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 (December 2, 2022) from the City Solicitor. The confidential instructions to staff in Confidential Attachment 1 to the report (December 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council direct that the City not appeal the decision of the Ontario Superior Court of Justice in Greater Toronto Apartment Association v. City of Toronto. 2. City Council direct that the appropriate City officials be authorized and directed to take the necessary action to give effect City Council's decision. The balance of Confidential Attachment 1 to the report (December 2, 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 recommendations contained in Attachment 1; and 2. City Council authorize the public release of the Confidential Recommendations if adopted and that the balance of Attachment 1 remain confidential.

• MM2.15referred

  Ensuring Transparency in the 2022 Election: Amending the Contribution Rebate Program - by Councillor Paula Fletcher, seconded by Councillor Chris Moise

  Beginning with the 2003 election and in every election until 2021, City Council maintained the requirement that all participants in the Contribution Rebate Program submit copies of all campaign invoices. These invoices reside in the City Clerk's Office and may be inspected by any individual. According to a 2002 staff report, Members of Council added the requirement to provide copies of invoices due to concern for the "lack of documentation of campaign expenses" that was otherwise available. On October 1, 2021, City Council adopted the recommendations of a report entitled, "Mail-In Voting and Contribution Rebate Programs in the 2022 General Municipal Election." The recommendations regarding the Contribution Rebate Program eliminated the requirement for candidates to provide copies of all campaign invoices. While the requirement to submit copies of invoices was removed, candidates are still required by the Municipal Elections Act to maintain invoice records privately. It is not too late to amend Municipal Code Chapter 53, Elections, to include the requirement to submit copies of all invoices for the 2022 election cycle. As candidates are required by law to maintain those records, they will still be available to submit with initial audited financial statements. The first deadline for initial audited financial statements is March 31, 2023. Any candidate that submits their initial audited financial statements before becoming aware of the need to submit copies of all invoices will have the opportunity to amend their filing any time before their deadline to file (including the statutory grace period).

  City Council on December 14 and 15, 2022, referred Motion MM2.15 to the Executive Committee.

  Staff recommendation as filed

  Councillor Paula Fletcher, seconded by Councillor Chris Moise, recommends that: 1. City Council amend Municipal Code Chapter 53, Elections, by adding an additional requirement under section 2 (Candidate Obligations) subsection B (Include with all audited financial statements): "3) A copy of all campaign invoices" retroactive to the 2022 municipal election campaign finances. 2. City Council direct the City Clerk to inform all candidates for Mayor and City Councillor of this change by any means the City Clerk deems appropriate.

• CC2.16adopted

  127 Strachan Avenue - Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act

  This report recommends that the City of Toronto state its intention to designate the property at 127 Strachan Avenue under Part IV, Section 29 of the Ontario Heritage Act. Constructed in 1878, the property at 127 Strachan Avenue anchors the southeast corner of Strachan Avenue and Adelaide Street West. Designed by celebrated architect David Brash Dick as one of his earliest individual commissions, the building is a representative example of the Second Empire architectural style that was popular in Toronto in the late-19th century. It contributes to the historic character of the surrounding residential neighbourhood by retaining its original scale, form, and massing as a 3-storey building with 1-storey rear wing, and its Second Empire style is reflected in many of its extant original design features. The property was purpose-built as a grocery with apartments above for original proprietor John H. Meyer and it maintained that use for close to 70 years. Since the 1990s it has been operating as a neighbourhood bar and restaurant. Staff have completed the Research and Evaluation Report for the property at 127 Strachan Avenue and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design and physical, historical and associative, and contextual values. As such, the property is a significant built heritage resource. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application. Official Plan Amendment, Zoning Amendment, and Site Plan Control applications were submitted to the City in 2021, which propose the retention of the primary structure at 127 Strachan Avenue and demolition of the rear one-storey wing and addition, as well as the demolition of some adjacent low-rise properties at 109-115 Strachan Avenue. A high-rise residential development would be constructed in their place. The City Clerk issued a complete application notice on February 18, 2022. A waiver to extend the 90 day time period in which City Council must make a decision in respect of the submitted applications under the Ontario Heritage Act was received by the City with no deadline. A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance. An HIA for 109, 111, 115, and 127 Strachan Avenue was prepared by GBCA Architects and submitted to the City in December 2021.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council state its intention to designate the property at 127 Strachan Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 127 Strachan Avenue (Reasons for Designation) in Attachment 3 to the report (December 6, 2022) from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in City Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

  Staff recommendation as filed

  The Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to designate the property at 127 Strachan Avenue under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance; 127 Strachan Avenue (Reasons for Designation) attached as Attachment 3, to the report, December 6, 2022, from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

• MM2.16adopted

  Ensuring a Successful Tenant Advisory Committee at Toronto Community Housing Corporation - by Councillor Paula Fletcher, seconded by Councillor Shelley Carroll

  An important part of the development and implementation of Tenants First was the establishment of a Tenant Advisory Committee. These tenants were selected by the City and it was a very successful model to make sure that any changes being proposed were going to work for tenants and to oversee tenant engagement which is a requirement of the City's shareholder direction to Toronto Community Housing Corporation. As part of the establishment of the new Toronto Seniors Housing Corporation, a Senior Tenant Advisory Committee was established and then renewed by City Council on December 15, 2021, to ensure a continued strong tenant voice at the Toronto Seniors Community Housing Corporation. Over the last number of years, Toronto Community Housing Corporation has been engaged in a tenant engagement exercise to establish new tenant representatives in the many buildings in its family portfolio. There is also a proposal to establish a Tenant Advisory Committee. A requirement of the Shareholder Direction is Toronto Community Housing Corporation and Toronto Seniors Housing Corporation are to consult with tenants through 'efficient and effective engagement mechanisms'. The Tenant Advisory Committee and the Senior Tenant Advisory Committee were established by City Council for these important ends and City Staff were critical in ensuring that these requirements were being met. Prior to the implementation of a new Tenant Advisory Committee, recommendations from the Deputy City Manager, Community and Social Services and the Tenant's First team would be helpful to ensure the alignment with established Tenants' First goals and procedures.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council direct the Deputy City Manager, Community and Social Services to have City staff, through the Tenants First initiative, review the proposal for a new Tenant Advisory Committee including: Terms of Reference; the recruitment and confirmation of members; the role of tenant directors in a Tenant Advisory Committee; and the role of the City, and to report to the February 16, 2023 meeting of the Economic and Community Development Committee on the review and any recommendations. 2. City Council forward this Item to the Board of Toronto Community Housing Corporation, including the Tenant Directors.

  Staff recommendation as filed

  Councillor Paula Fletcher, seconded by Councillor Shelley Carroll, recommends that: 1. City Council direct the Deputy City Manager, Community and Social Services to have City staff, through the Tenants First initiative, review the proposal for a new Tenant Advisory Committee including: Terms of Reference; the recruitment and confirmation of members; the role of tenant directors in a Tenant Advisory Committee; and the role of the City, and to report to the February 28, 2023 meeting of the Planning and Housing Committee on the review and any recommendations. 2. City Council forward this Item to the Board of Toronto Community Housing Corporation, including the Tenant Directors.

• CC2.17adopted

  63 Old Forest Hill Road - Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act

  This report recommends that City Council state its intention to designate the property at 63 Old Forest Hill Road under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value. Originally owned and occupied for nearly twenty years by the daughter of George W. McLaughlin, Canadian auto industry magnate and former Vice President of General Motors Canada, the Dorothy (McLaughlin) Tait House is located on the east side of Old Forest Hill Road near the junction with Dunvegan Road and Browside Avenue in the Forest Hill South neighbourhood. Prominently sited on an oversized deep lot, the grand residence is an excellent representative of an Arts and Crafts movement house with Tudor Revival style details dating to Forest Hill's prolific early era of subdivision and urban development. Completed by 1935, the finely-crafted, two-storey house was designed by the highly-regarded local architect, Douglas. E. Kertland, who helped establish the quintessentially Forest Hill aesthetic of the 1920s-1940s that continues to define the neighbourhood today. Subsequent to the McLaughlin family, the property was owned by the Cara Foods empire heir, Paul D. Phelan and under his care and stewardship for over 30 years until 2021. The subject property at 63 Old Forest Hill Road was added to the City's Inventory of Heritage Properties (now, Heritage Register) in 1975. Staff have completed the Research and Evaluation Report for the property at 63 Old Forest Hill Road and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under all three categories of Design/Physical, Historical/Associative and Contextual value. As such, the property is a significant built heritage resource. On August 19, 2022 the City received a Minor Variance Application proposing to alter the existing two-storey dwelling by constructing a rear two-storey addition, with a new integral garage and new in-ground pool. The application is currently under review and a Committee of Adjustment hearing date has not been scheduled at the time of writing this report. A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council state its intention to designate the property at 63 Old Forest Hill Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 63 Old Forest Hill Road (Reasons for Designation) in Attachment 3 to the report (December 6, 2022) from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in City Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

  Staff recommendation as filed

  The Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to designate the property at 63 Old Forest Hill Road under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 63 Old Forest Hill Road (Reasons for Designation) attached as Attachment 3, to the report, December 6, 2022, from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

• CC2.18adopted

  94 Isabella Street - Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act

  This report recommends that City Council state its intention to designate the property at 94 Isabella Street under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value. The property at 94 Isabella Street comprises a two-and-a-half-storey house-form building located on the north side of Isabella Street, west of Jarvis Street. Designed by Edmund Burke of the prominent architecture firm Langley & Burke, the house was constructed in c.1885 for Helen E. McMaster. The Queen Anne Revival-style residence later served as a private hospital, a rooming house, and a home for Jesuit priests. City Council included the subject property on the City of Toronto's Heritage Register in 1981. Staff have completed the Research and Evaluation Report for the property at 94 Isabella Street and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, on the basis of its design/physical, historical/associative, and contextual values. As such, the property is a significant built heritage resource. In May 2022, the City received Rezoning and Site Plan Approval applications for a proposed 69-storey mixed-use building having a gross floor area of 52,797 square metres and 837 dwelling units. The proposed development would incorporate the designated heritage property at 90-92 Isabella Street and the subject property at 94 Isabella Street into the base of the new development. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application. The City Clerk issued a complete application notice for the Official Plan and Zoning By-law Amendment on May 26, 2022. The property owner provided a waiver with a deadline of December 31, 2022 to extend the 90-day timeline so that this Notice of Intention to Designate report must be considered by City Council before that date. A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. An HIA for the proposed development at 90a-94 Isabella Street was prepared by GBCA and submitted in May 2022. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council state its intention to designate the property at 94 Isabella Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 94 Isabella Street (Reasons for Designation) in Attachment 3 to the report (December 5, 2022) from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in City Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.

  Staff recommendation as filed

  The Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to designate the property at 94 Isabella Street under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 94 Isabella Street (Reasons for Designation) attached as Attachment 3 to the report, December 5, 2022, from the Chief Planner and Executive Director, City Planning. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the properties under Part IV, Section 29 of the Ontario Heritage Act.

• CC2.19deferred

  51 Panorama Court - Notice of Intention to Designate a Property under Part IV, Section 29 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement

  This reports recommends that the City of Toronto state its intention to designate the property at 51 Panorama Court under Part IV, Section 29 of the Ontario Heritage Act for its cultural heritage value and to grant authority to enter into a Heritage Easement Agreement. Located in the City of Toronto, on the south side of Panorama Court, northeast of the intersection of Kipling Avenue and Finch Avenue West, and west of the Humber River and conservation area along Islington Avenue, the property at 51 Panorama Court is the former County Branch of the Hospital for Sick Children (1928-1957) and later the provincially-owned Thistletown Regional Centre for Children and Adolescents (1957-2014). The property is located in Mount Olive-Silverstone-Jamestown, a neighbourhood in north Etobicoke, which in the 19th century, was immediately north of the Town of Thistletown. Known colloquially as "Thistletown", the now 48-acre (originally 98-acre) property is an interrelated complex containing a main hospital building (Main Building) constructed in 1927-1928 to the designs of the renowned architectural partnership of Sproatt & Rolph, as well as landscaped elements, a designed circuitous drive, and associated views. The property was originally designed and completed in 1928 as a rural satellite branch of the Hospital for Sick Children, referred to as its County Branch, and closed in 1957. In 1957, the Government of Ontario purchased the site for use as a new mental healthcare facility for children and youth, and it was repurposed as the Thistletown Regional Centre for Children and Adolescents, effectively extending the property's use as a complex dedicated to children's healthcare with a child-focused approach to care and treatment until it closed in 2014. The surplus property has since remained vacant. Currently, the surplus Thistletown provincial property is being offered for sale to support Government of Ontario initiatives for creating more Long-Term Care Homes (Fixing Long-Term Care Act of 2021). The property will be sold on the open market with the requirement to develop and operate a minimum of 256 long-term care beds and recreational uses, with preference for affordable housing, veterans housing and/or seniors housing on-site. The property at 51 Panorama Court was listed on the City of Toronto's Inventory of Heritage Properties (now the Heritage Register) on May 6, 2014. On August 25, 2014, Amendments to the Reasons for Listing on the City's Inventory of Heritage Properties to include heritage landscape attributes and landmark uses was adopted by City Council. The property has cultural heritage value for its design value and association with the Hospital for Sick Children and Thistletown Regional Centre for its contribution to provincial mental healthcare for children and youth. The Government of Ontario has recognized Thistletown as a "provincial heritage property of provincial significance" and the property is included on the List of Provincial Heritage Properties maintained by the Ministry of Citizenship and Multiculturalism. Upon the transfer of the property out of provincial control and ownership, the Thistletown site will no longer be under provincial protection pursuant to Section B.3 of the Standards and Guidelines for Conservation of Provincial Heritage Properties dated April 28, 2010, prepared pursuant to Section 25.2 of the Ontario Heritage Act. The authority for heritage protection will then reside with City Council and the property may be designated by the City of Toronto under Part IV, Section 29 of the Ontario Heritage Act. Staff have completed the Research and Evaluation Report for the property at 51 Panorama Court and determined that the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under design, associative and contextual values. As such, the property is a significant built heritage resource. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act. The Bill 108 Amendments to the Ontario Heritage Act came into force on July 1, 2021, which included a shift in Part IV designations related to certain Planning Act applications. Section 29(1.2) of the Ontario Heritage Act now restricts City Council's ability to give notice of its intention to designate a property under the Act to within 90 days after the City Clerk gives notice of a complete application. There is currently no planning application for the development of 51 Panorama Court. The future redevelopment of the lands will require a number of planning applications including a Plan of Subdivision (to create public roads), Site Plan Control, and a Plan of Condominium (depending on proposed tenure for the proposed uses). The property contains TRCA regulated lands and is subject to the City of Toronto's Ravine and Natural Feature Protection By-law. A Heritage Impact Assessment (HIA) is required for all development applications that affect listed and designated properties and will be considered when determining how a heritage property is to be conserved. Designation also enables City Council to review proposed alterations or demolitions to the property and enforce heritage property standards and maintenance.

  City Council on December 14 and 15, 2022, deferred consideration of Item CC2.19 to the March 29, 2023 meeting of City Council to allow the local Ward Councillor to have a community consultation meeting.

  Staff recommendation as filed

  The Chief Planner and Executive Director, City Planning recommends that: 1. City Council state its intention to designate the property at 51 Panorama Court (the "Property") under Part IV, Section 29 of the Ontario Heritage Act in accordance with the Statement of Significance: 51 Panorama Court (Reasons for Designation) attached as Attachment 3, to the report, December 6, 2022, from the Chief Planner and Executive Director, City Planning, to be effective upon the transfer of the Property by the provincial government and that notice of intention to designate be served on the new owner following the transfer of the Property. 2. If there are no objections to the designation, City Council authorize the City Solicitor to introduce the Bill in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act. 3. City Council authorize the entering into of a Heritage Easement Agreement under Section 37 of the Ontario Heritage Act with the owner of 51 Panorama Court in a form and content satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning Division. 4. City Council authorize the City Solicitor to introduce the necessary Bill in Council authorizing the entering into of a Heritage Easement Agreement for the property at 51 Panorama Court.

• CC2.20adopted

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

  This report recommends that City Council affirm its decision of September 28, 2022 (CC50.10) stating its intention to designation the property at 18 Portland Street (the subject property) under Part IV, Section 29 of the Ontario Heritage Act (the Act). The City has received an objection to the notice of intention to designate on behalf of Davies Howe Land Development Advocacy & Litigation within the statutory timeline. The subject property is located on the west side of Portland Street directly south of Niagara Street within the King-Spadina Secondary Plan area. Staff have reviewed the objections on behalf of Davies Howe Land Development Advocacy & Litigation and remain of the opinion that this property holds cultural heritage value or interest. The property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act under all three categories of design and physical, historical and associative, and contextual values. As the property has cultural heritage value or interest and meets the prescribed criteria pursuant to Part IV, Section 29 of the Ontario Heritage Act, staff are of the opinion that the property should be designated. Designation enables City Council to review proposed alterations for the property, enforce heritage property standards and maintenance, and refuse demolition. In June 2019, the More Homes, More Choice Act, 2019 (Bill 108) received Royal Assent. Schedule 11 of this Act included amendments to the Ontario Heritage Act which included amendments to the listing and designation processes. City Council has until January 31, 2023, 90 days from the date of the end of the objection period, to make a decision on this objection as per the timeline under the Act. The subject property is included in a Zoning By-law Amendment application (21 232793 STE 10 OZ) and Official Plan Amendment application (22 151499 STE 10 OZ) currently under appeal to the Ontario Land Tribunal. The subject property is proposed to be demolished as part of these applications.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council affirm its decision to state its intention to designate the property at 18 Portland Street under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council's decision on Item CC50.10 at its meeting on September 28, 2022. 2. City Council authorize the City Solicitor to introduce the necessary Bills in City Council designating the property at 18 Portland Street under Part IV, Section 29 of the Ontario Heritage Act.

  Staff recommendation as filed

  The Chief Planner and Executive Director, City Planning recommends that: 1. City Council affirm its decision to state its intention to designate the property at 18 Portland Street under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council Decision Item CC50.10 on September 28, 2022. 2. City Council authorize the City Solicitor to introduce the necessary bills in City Council designating the property at 18 Portland Street under Part IV, Section 29 of the Ontario Heritage Act.

• CC2.21adopted

  625 Yonge Street - Proposed Designation By-law Under Part IV, Section 29 of the Ontario Heritage Act - Consideration of Objections

  This report recommends that Council affirm its decision of August 15, 2022 (Item CC48.3) stating its intention to designate the property at 625 Yonge Street (including active entrances at 621, 627, 629, 631, 633, 635, and 637 Yonge Street, and 1, 3, and 5 Isabella Street) under Part IV, Section 29 of the Ontario Heritage Act. The City has received an objection to the notice of intention to designate on behalf of the property owner within the statutory timeline. The subject property at 625 Yonge Street consists of two adjoining buildings on the southeast corner of Yonge Street and Isabella Street. Architecturally and historically interrelated, the two buildings at 625 Yonge Street constitute a representative example of Edwardian Classicist-style commercial main street buildings. Part of Yonge Street's historic commercial streetscape since the early 20th century, the property maintained a long association with the automotive industry, beginning with its original use for Thomas Crow's carriage business. City Council included the subject property on the City of Toronto's Heritage Register in 2016. It is also a contributing property within the Historic Yonge Street Heritage Conservation District (HCD), which was enacted by City Council in 2016 and is currently under appeal. Staff have reviewed the objections raised by the owner and are of the opinion that despite these objections, the property meets Ontario Regulation 9/06, the criteria prescribed for municipal designation under Part IV, Section 29 of the Ontario Heritage Act, under all three categories of design/physical, historical/associative, and contextual values. As the property has cultural heritage value or interest and meets the prescribed criteria pursuant to Part IV, Section 29 of the Ontario Heritage Act, this property should be designated. Designation enables Council to review proposed alterations for the property, enforce heritage property standards and maintenance, and refuse demolition.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council affirm its decision to state its intention to designate the property at 625 Yonge Street (including active entrances at 621, 627, 629, 631, 633, 635 and 637 Yonge Street, and 1, 3 and 5 Isabella Street) under Part IV, Section 29 of the Ontario Heritage Act as set out in City Council's decision on Item CC48.3 at its meeting on August 15, 2022. 2. City Council authorize the City Solicitor to introduce the Bill in City Council designating the property at 625 Yonge Street (including active entrances at 621, 627, 629, 631, 633, 635 and 637 Yonge Street, and 1, 3 and 5 Isabella Street) under Part IV, Section 29 of the Ontario Heritage Act.

  Staff recommendation as filed

  The Chief Planner and Executive Director, City Planning recommends that: 1. City Council affirm its decision to state its intention to designate the property at 625 Yonge Street (including active entrances at 621, 627, 629, 631, 633, 635, and 637 Yonge Street, and 1, 3, and 5 Isabella Street) under Part IV, Section 29 of the Ontario Heritage Act as set out in Council Decision CC48.3 on August 15, 2022. 2. City Council authorize the City Solicitor to introduce the Bill in Council designating the property at 625 Yonge Street (including active entrances at 621, 627, 629, 631, 633, 635, and 637 Yonge Street, and 1, 3, and 5 Isabella Street) under Part IV, Section 29 of the Ontario Heritage Act.

• CC2.22adopted

  Authority to Fund Off-site Parkland Dedications within the Vicinity of the Development at 1500 St. Clair Avenue West

  On June 15, 2022, City Council adopted Item TE33.4 - 1500-1536 St. Clair Avenue West and 20-36 Caledonia Road - Official Plan Amendment and Zoning By-law Amendment Application - Final Report, and passed Bills 535-2022 and 536-2022, which amended the Official Plan and Zoning By-law for the development proposal at 1500 St. Clair Avenue West. City Council's decision also provided approval of the dedication of off-site parkland by the owner, St. Clair Caledonia Partnership, in accordance with Section 42 of the Planning Act and as a legal convenience under the future Section 37 Agreement. The off-site parkland dedications are composed of three properties which have been acquired by St. Clair Caledonia Partnership. On July 19, 2022, City Council adopted Item MM47.83 - Amend the 2022-2031 Capital Budget and Plan for Parks, Forestry and Recreation to Fund Off-site Parkland Dedications within the Vicinity of the Development at 1500 St. Clair Avenue West, which amended the Parks, Forestry and Recreation 2022-2031 Capital Budget and Plan to create a new capital sub-project known as Acquisition of Land in Vicinity of 1500 St. Clair Avenue West sub-project in the Land Acquisition project, to be funded by Section 42 Above 5% Cash-in-lieu (XR2213). Since the adoption of MM47.83, St. Clair Caledonia Partnership has finalized the acquisitions and confirmed that the total cost exceeds the preliminary cost that was previously provided to Parks, Forestry and Recreation. This report recommends that City Council amend the Parks, Forestry and Recreation 2022-2031 Capital Budget and Plan for the Acquisition of Land in Vicinity of 1500 St. Clair Avenue West sub-project, in order to complete the transaction, with additional funding from the Section 42 First 5% South District Parkland Acquisition Cash-in-lieu reserve fund (Account XR2208), as outlined in the Confidential Attachment.

  City Council on December 14 and 15, 2022, adopted the following: 1. City Council amend 2022-2031 Approved Capital Budget and Plan for the Parks, Forestry and Recreation for the sub-project known as Acquisition of Land in Vicinity of 1500 St. Clair Avenue West sub-project in the Land Acquisition project, to be funded by the Section 42 First 5 percent South District Parkland Acquisition Cash-in-lieu reserve fund (Account: XR2208) in addition to the Section 42 Above 5 percent Cash-in-lieu (XR2213) previously allocated as per MM47.83, outlined in Confidential Attachment 1 to the report (December 1, 2022) from the General Manager, Parks, Forestry and Recreation for the purpose of reimbursing St. Clair Caledonia Partnership the value in excess of the total required parkland dedication value for the purchase of three properties within the vicinity of the development at 1500 St. Clair Avenue West as an obligation of the off-site parkland dedication. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to reimburse the value in excess of the total required parkland dedication value for the purchase of three properties by St. Clair Caledonia Partnership, as described in Confidential Attachment 1 to the report (December 1, 2022) from the General Manager, Parks, Forestry and Recreation from the 2022-2031 Approved Capital Budget and Plan for Parks, Forestry and Recreation from the Acquisition of Land in Vicinity of 1500 St. Clair Avenue West sub-project to St. Clair Caledonia Partnership, upon completion of the purchase and conveyance to the City of all three properties within the vicinity of the development at 1500 St. Clair Avenue West as an obligation of the off-site parkland dedication requirement. 3. City Council authorize the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management, in consultation with the City Solicitor, to secure the terms and conditions related to the reimbursement in the Section 37 Agreement, on terms and conditions acceptable to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor. 4. City Council authorize the public release of Confidential Attachment 1 to the report (December 1, 2022) from the General Manager, Parks, Forestry and Recreation upon completion of the conveyance to the City of all three properties within the vicinity of the development at 1500 St. Clair Avenue West, and upon the issuance of the reimbursement, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management, in consultation with the City Solicitor. Confidential Attachment 1 to the report (December 1, 2022) from the General Manager, Parks, Forestry and Recreation remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to a proposed acquisition of land for parkland purposes by the City of Toronto. Confidential Attachment 1 to the report (December 1, 2022) from the General Manager, Parks, Forestry and Recreation will be made public upon completion of the conveyance to the City of all three properties within the vicinity of the development at 1500 St. Clair Avenue West, and upon the issuance of the reimbursement, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management, in consultation with the City Solicitor.

  Staff recommendation as filed

  The General Manager, Parks, Forestry and Recreation recommends that: 1. City Council amend the Parks, Forestry and Recreation 2022-2031 Council Approved Capital Budget and Plan for the sub-project known as Acquisition of Land in Vicinity of 1500 St. Clair Avenue West sub-project in the Land Acquisition project, to be funded by the Section 42 First 5% South District Parkland Acquisition Cash-in-lieu reserve fund (Account XR2208) in addition to the Section 42 Above 5% Cash-in-lieu (XR2213) previously allocated as per MM47.83, outlined in Confidential Attachment 1 of this report, for the purpose of reimbursing St. Clair Caledonia Partnership the value in excess of the total required parkland dedication value for the purchase of three properties within the vicinity of the development at 1500 St. Clair Avenue West as an obligation of the off-site parkland dedication. 2. City Council authorize the General Manager, Parks, Forestry and Recreation to reimburse the value in excess of the total required parkland dedication value for the purchase of three properties by St. Clair Caledonia Partnership, as described in Confidential Attachment 1 of this report from the Parks, Forestry and Recreation 2022-2031 Council Approved Capital Budget and Plan from the Acquisition of Land in Vicinity of 1500 St. Clair Avenue West sub-project to St. Clair Caledonia Partnership, upon completion of the purchase and conveyance to the City of all three properties within the vicinity of the development at 1500 St. Clair Avenue West as an obligation of the off-site parkland dedication requirement. 3. City Council authorize the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management, in consultation with the City Solicitor, to secure the terms and conditions related to the reimbursement in the Section 37 Agreement, on terms and conditions acceptable to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor. 4. City Council authorize the public release of Confidential Attachment 1 upon completion of the conveyance to the City of all three properties within the vicinity of the development at 1500 St. Clair Avenue West, and upon the issuance of the reimbursement, to the satisfaction of the General Manager, Parks, Forestry and Recreation and the Executive Director, Corporate Real Estate Management, in consultation with the City Solicitor.