General Government and Licensing Committee
The full agenda, as filed
All 32 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.
GL6.1amended
Overview of City-Wide Real Estate
The Interim General Manager, Facilities Management, and the Director, City-Wide Real Estate Transformation, will give a presentation on Overview of City-Wide Real Estate.
The General Government and Licensing Committee: 1. Requested the General Manager, Facilities Management, and the Director, City-Wide Real Estate Transformation, to report to the General Government and Licensing Committee at its meeting on September 4, 2019 on the impacts of Bill 107, Getting Ontario Moving Act, 2019, and Bill 108, More Homes, More Choice Act, 2019, on City-wide real estate city-building strategies, including affordable housing, parks, social services, community facilities, and culture.
GL6.2amended
The purpose of this report is to provide the annual summary of the City's employer contributions submitted to OMERS in 2018 and to provide information on the City's total members and contributions relative to the overall OMERS Plan members and contributions.
The General Government and Licensing Committee recommends that: 1. City Council receive the report (June 10, 2019) from the Controller for information.
Staff recommendation as filed
The Controller recommends that: 1. The General Government and Licensing Committee receive this report for information.
GL6.3amended
Cancellation, Reduction, or Refund of Property Taxes - June 24, 2019 Hearing
This report deals with tax appeal applications made to the Treasurer pursuant to Sections 323 and 325 of the City of Toronto Act, 2006 (COTA). Section 323 permits Council to cancel, reduce, or refund taxes in cases when, during the year, a property undergoes changes such as when it is destroyed by fire or demolished, becomes exempt from taxation, or is reclassified due to a change in use. Under Section 325 of the COTA, taxpayers can request a cancellation, reduction, or refund of taxes when an error in the assessment roll is identified which results in an overcharge. The legislation requires Council to make its decision after holding a public meeting at which the applicants and/or property owners may express any concerns. Council has delegated authority to hear and make final decisions in respect of these matters to the General Government and Licensing Committee. Staff have mailed Notices of Hearing to affected taxpayers advising of the upcoming meeting and the General Government and Licensing Committee's consideration of this staff report.
The General Government and Licensing Committee: 1. Approved the individual tax appeal applications made pursuant to Section 323 of the City of Toronto Act, 2006, resulting in tax reductions (excluding phase-in/capping amounts) outlined in the Detail Hearing Report marked as Appendix A to the report (June 10, 2019) from the Controller, excluding the following applications: Ward Number Appeal Number Property Address 2 20190032 681 Scarlett Road 3 20170331 40 Jackson Avenue 10 20190241 439 University Avenue 11 20190239 420 Yonge Street 16 20190238 1440 Don Mills Road 17 20190205 1900 Sheppard Avenue East 2. Approved the individual tax appeal applications made pursuant to Section 325 of the City of Toronto Act, 2006, resulting in tax reductions (excluding phase-in/capping amounts) outlined in the Detail Hearing Report marked as Appendix B to the report (June 10, 2019) from the Controller. 3. Requested the Controller to investigate the fee implications related to the issuance of building permits and other permits required to replace structures damaged due to natural catastrophes and to report to the General Government and Licensing Committee in the third quarter of 2019.
Staff recommendation as filed
The Controller recommends that: 1. The General Government and Licensing Committee approve the individual tax appeal applications made pursuant to Section 323 of the City of Toronto Act, 2006, resulting in tax reductions (excluding phase-in/capping amounts) identified in the Detailed Hearing Report marked as Appendix A. 2. The General Government and Licensing Committee approve the individual tax appeal applications made pursuant to Section 325 of the City of Toronto Act, 2006, resulting in tax reductions (excluding phase-in/capping amounts) identified in the Detailed Hearing Report marked as Appendix B.
GL6.4adopted
Write-off of Uncollectible Property Taxes from the Tax Roll
This report recommends the write-off of property taxes for 88 receivable amounts relating to 27 individual property tax accounts for the taxation years 1998 to 2018. The receivable amounts relate to property tax accounts that are no longer returned on the assessment roll, making collection efforts and recovery of outstanding amounts impossible. The total estimated amount to be written off is $1,856,352, consisting of taxes of $504,026 and interest/penalty of $1,352,326. All reasonable and appropriate collection efforts have been exhausted. It is recommended that the property taxes, interest, and fees that have accumulated over the period 1998 to 2018 be deemed uncollectible and written off. The write-off of these amounts will have no impact on the current year's budget, as these amounts have been previously provided for in the Allowance for Doubtful Tax Receivables Account in prior years.
The General Government and Licensing Committee recommends that: 1. City Council deem the unpaid property taxes, including interest and penalties which have accrued on those unpaid taxes up to the time of the write-off, levied from 1998 to 2018 as uncollectible on the 88 receivables listed in Attachment 1 to the report (June 10, 2109) from the Controller and direct the Controller to remove these amounts from the tax roll.
Staff recommendation as filed
The Controller recommends that: 1. City Council deem the unpaid property taxes (including interest and penalties which have accrued on those unpaid taxes up to the time of the write-off) levied from 1998 to 2018 as uncollectible on the 88 receivables listed in Attachment 1 and direct the Controller to remove these amounts from the tax roll.
GL6.5withdrawn
This is to advise that the report, Status of Outstanding Payment in Lieu of Tax Amounts for Federal, Provincial, and Municipal Properties, will be on the agenda of the General Government and Licensing Committee meeting of June 24, 2019.
The General Government and Licensing Committee withdrew Item GL6.5 from the agenda.
GL6.6adopted
2018 Consulting Services Expenditures - City Divisions and Agencies and Corporations
As requested by Council, this report provides information on the consulting services expenditures of City Divisions and Agencies and Corporations (A and Cs) for the year ended December 31, 2018. The report contains a summary and details, by category and vendor, of operating and capital consulting services expenditures for 2018, with 2017 comparatives. Overall, the City and its A and Cs spent $25.1 million on consulting services in 2018 for operating and capital combined, which represents an overall increase of $3.7 million (or 17.2 percent) compared to 2017. The overall increase in consulting expenditures consists of a $4.6 million (or 59.6 percent) increase within A and Cs, offset by a $1.0 million (or 7 percent) decrease within City Divisions. The increase is mainly due to Policing Effectiveness and Modernization initiatives at the Toronto Police Service and efficiency improvement studies related to the purchase of streetcars and buses at the Toronto Transit Commission, offset by the completion of a transportation organizational review, traffic congestion initiatives, and environmental assessment studies.
The General Government and Licensing Committee received the report (June 10, 2019) from the Controller for information.
Staff recommendation as filed
The Controller recommends that: 1. The General Government and Licensing Committee receive this report for information.
GL6.7adopted
This report provides an update on the status of the merger of four pre-Ontario Municipal Employees Retirement System (OMERS) pension funds with OMERS. The merger process is a technical and regulatory process, with approvals of pensioners and the Financial Services Commission of Ontario, as well as detailed work by City and OMERS staff. The York Fund has successfully merged with OMERS as of January 8, 2019 and it is anticipated that the three other funds will merge in either late 2019 or early 2020. In addition to pensioners receiving their existing pensions plus OMERS inflationary indexing, members of funds which have surpluses will also receive a share of the surplus, upon the wind-up of their fund. The City will also be receiving a share of surpluses, which will vary depending on fund earnings and other actuarial factors between now and the effective dates, but is anticipated at this time to be between $70 and $90 million.
The General Government and Licensing Committee recommends that: 1. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (June 10, 2019) from the Controller remain confidential in its entirety, as it pertains to the security of property belonging to the City of Toronto.
Staff recommendation as filed
The Controller recommends that: 1. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it pertains to the security of property belonging to the City of Toronto.
GL6.8adopted
This report seeks authority to amend the By-law governing the Toronto Civic Employees' Pension Plan (Civic Plan) to implement the OMERS provision for annual CPI-linked inflation adjustments, immediately prior to the merger of the Civic Plan with the OMERS Plan under the Pension Transfer Agreement (PTA) between OMERS and the City. The PTA requires that the Civic Plan members, following a merger with the OMERS Plan, continue to be entitled to their existing benefits, with the exception that the current formula for conditional annual Post Retirement Adjustments will be replaced by the CPI-linked unconditional inflationary adjustment provided to all OMERS Plan pensioners. The City's experience with the transfer of the York Plan indicates that the Superintendent of Financial Services' (the Superintendent) consent will be conditional upon the indexing amendment to the Plan first being made.
The General Government and Licensing Committee recommends that: 1. City Council approve an amendment to Schedule A attached to By-law 100-2018 governing the Toronto Civic Employees' Pension Plan (the Plan) to: a. strike out the existing precondition and formula for conditional annual post retirement adjustments for pensioner benefits in Sections 14B(3a) and 14B(3b) of the Plan and replace it with the Ontario Municipal Employees Retirement System (OMERS) Plan provision for annual unconditional Consumer Price Index-linked inflation adjustments; and b. make such other amendments as may be required to facilitate the merger and transfer of assets.
Staff recommendation as filed
The Controller recommends that: 1. City Council approve an amendment to Schedule A attached to By-law 100-2018 governing the Toronto Civic Employees' Pension Plan (the Plan) to: a. strike out the existing precondition and formula for conditional annual Post Retirement Adjustments for pensioner benefits in Sections 14B(3a) and 14B(3b) of the Plan and replace it with the Ontario Municipal Employees Retirement System (OMERS) provision for annual unconditional Consumer Price Index-linked inflation adjustments; and b. make such other amendments as may be required to facilitate the merger and transfer of assets.
GL6.9adopted
This report submits, for the General Government and Licensing Committee's information, a Funding Valuation as at December 31, 2018 on the Toronto Fire Department Superannuation and Benefit Fund (the Fund) prepared by Buck HR Consulting. The Fund finances the Pension Plan (the Plan). This valuation provides information on the automatic cost-of-living increase of 2.30 percent in pensioner benefits effective January 1, 2019 called for under By-Law 10649, as amended, governing the Plan and the Fund. At its meeting of May 2, 2019, the Toronto Fire Department Superannuation and Benefit Fund Committee (Benefit Fund Committee) decided in favour of continuing to use existing assumptions to assess the future liability of the spouses of retired members, despite the fact that City staff had compiled actual data regarding these same spouses. Had the actual spousal data been used, the Going Concern and Solvency liabilities would have increased to a point where only an automatic 0.35 percent cost-of-living increase could have been granted, as any additional increase would have put the Plan into a Solvency deficit. The Fire Pension Plan, similar to the Civic Plan, but unlike the Metro and Police Plans, has specific criteria in its By-law which, if satisfied, grants members an automatic cost-of-living increase assuming an appropriate valuation and, therefore, Council is not required to approve it. On May 1, 2018, new provincial funding rules for defined benefit pension plans came into effect which are incorporated into the 2018 Valuation Report, which sets forth the financial position of the Fund for the year ended December 31, 2018 on Going Concern and Solvency bases and confirms that the Fund does not require any special payments by the City of Toronto. The charts below summarize the financial position of the Fund as at December 31, 2018 and December 31, 2017 based on the actuarial valuations for those years. Going Concern Valuation - This type of valuation assumes that the Plan will continue to operate until all pensions are paid out. Table 1 - Going Concern Valuation ($ millions) December 31, 2018 December 31, 2017 Assets $206.1 $217.5 Liabilities $179.6 $191.7 Surplus/(Deficit) $26.5 $25.8 Solvency Valuation - This type of valuation assumes that the Plan was wound up on the valuation date (i.e., December 31, 2018) and the assets used, to the extent necessary, to meet existing liabilities, including the purchase of annuities for the pensioners and any unretired members. Table 2 - Solvency Valuation ($ millions) December 31, 2018 December 31, 2017 Assets $197.7 $222.8 Liabilities $186.3 $202.8 Surplus/(Deficit) $11.4 $20 Valuation is being filed with FSCO Valuation was filed with FSCO
The General Government and Licensing Committee received the report (June 10, 2019) from the Controller for information, including Attachment 1, titled Toronto Fire Department Superannuation and Benefit Fund Actuarial Valuation Report as of December 31, 2018 (May 2019), prepared by Buck HR Consulting with respect to the Toronto Fire Department Superannuation and Benefit Fund and its underlying Plan.
Staff recommendation as filed
The Controller recommends that: 1. The General Government and Licensing Committee receive this report for information, including Attachment 1, titled Toronto Fire Department Superannuation and Benefit Fund Actuarial Valuation Report as of December 31, 2018, prepared by Buck HR Consulting with respect to the Toronto Fire Department Superannuation and Benefit Fund and its underlying Plan.
GL6.10adopted
This report seeks authority to amend the By-law governing the Metropolitan Toronto Police Benefit Fund (Police Plan) to add the OMERS provision for annual CPI-linked inflation adjustments, immediately prior to the merger of the Police Plan with the OMERS Plan under the Pension Transfer Agreement (PTA) between OMERS and the City. The PTA requires that the Police Plan members, following a merger with the OMERS Plan, continue to be entitled to their existing benefits, with the exception that they will become entitled to the CPI-linked unconditional inflationary annual adjustment as is provided to all OMERS Plan pensioners. The Police Plan does not currently contain an indexing provision per se. All historical increases have been ad hoc amendments to the By-law under specified conditions. The City's experience with the transfer of the York Plan indicates that the Superintendent of Financial Services' (the Superintendent) consent will be conditional upon the indexing amendment to the Plan first being made.
The General Government and Licensing Committee recommends that: 1. City Council approve an amendment to By-law 116-2018, as amended, governing the Metropolitan Toronto Police Benefit Fund (the Plan) to: a. add the Ontario Municipal Employees Retirement System (OMERS) Plan provision for annual unconditional Consumer Price Index-linked inflation adjustments; and b. make such other amendments as may be required to facilitate the merger and transfer of assets.
Staff recommendation as filed
The Controller recommends that: 1. City Council approve an amendment to By-law 116-2018 governing the Metropolitan Toronto Police Benefit Fund (the Plan) to: a. add the Ontario Municipal Employees Retirement System (OMERS) Plan provision for annual unconditional Consumer Price Index-linked inflation adjustments; and b. make such other amendments as may be required to facilitate the merger and transfer of assets.
GL6.11adopted
The Corporation of the City of York Employee Pension Plan - Surplus Distribution
This report seeks authority to amend the By-law governing The Corporation of the City of York Employee Pension Plan (York Plan) to provide for surplus distribution to the members of the Plan in accordance with Council's previous decision.
The General Government and Licensing Committee recommends that: 1. City Council approve an amendment to Schedule A attached to By-law 1428-2017, as amended, governing The Corporation of the City of York Employee Pension Plan (the Plan) to: a. amend Section 17.06, Surplus upon Termination, by deleting the words "to the Corporation or any Participating Employer" and replacing it with the words "to the members of the Plan" so that the amended section reads as follows: Subject to terms of participation by Participating Employers, upon discontinuance of the Plan, in whole or in part, any assets of the Fund (or the appropriate portion of the Fund in the case of a partial discontinuance) in excess of those required to discharge all liability for accrued benefits shall be paid to the members of the Plan.
Staff recommendation as filed
The Controller recommends that: 1. City Council approve an amendment to Schedule A attached to By-law 1428-2017, as amended, governing The Corporation of the City of York Employee Pension Plan (the Plan) to: a. amend Section 17.06, Surplus upon Termination, by deleting "to the Corporation or any Participating Employer" and replacing it with "to the members of the Plan" so that the amended section reads as follows: Subject to terms of participation by Participating Employers, upon discontinuance of the Plan, in whole or in part, any assets of the Fund (or the appropriate portion of the Fund in the case of a partial discontinuance) in excess of those required to discharge all liability for accrued benefits shall be paid to the members of the Plan.
GL6.12amended
Insurance Claim Trends Against the City of Toronto and Mitigation Measures to Reduce Claims
The purpose of this report is to respond to a request made by the General Government and Licensing Committee at its March 5, 2019 meeting that the Chief Financial Officer and Treasurer, in consultation with the Executive Director, Corporate Finance, the Chief Purchasing Officer, and the City Solicitor, report back to the General Government and Licensing Committee at its meeting on June 24, 2019 with the following information: a. a breakdown of claim trends against the City of Toronto, the amount of money that has been paid out on claims, and mitigating measures that are being taken by the City to reduce the total number of claims; b. details regarding aggregate claims, particularly those related to basement flooding; and c. details regarding aggregate claims, particularly those on other related incidents.
The General Government and Licensing Committee recommends that: 1. City Council request the Ombudsman to review the City of Toronto's process for public claims for damage due to the escape of water from the City's sewage system, including basement flooding, and to conduct an investigation into this process, if warranted.
Staff recommendation as filed
The Chief Financial Officer and Treasurer recommends that: 1. The General Government and Licensing Committee receive this report for information.
GL6.13amended
2018 Final Report on Property Sales, Acquisitions, Expropriations, and Leases
This final report provides an annual overview of property sales, purchases, expropriations, and leases transacted by the City of Toronto from January 1, 2018 to December 31, 2018. Properties that were declared surplus, sold, and acquired through negotiations/expropriations as well as leases are all reviewed in this report. All of these transactions were managed through the delegated authority process.
The General Government and Licensing Committee recommends that: 1. City Council delete number 7 (4086 Sheppard East and part of ramp) in Appendix B to the report (May 30, 2019) from the Acting Director, Real Estate Services, and request the Director, Real Estate Services, to report to the General Government and Licensing Committee at its meeting on October 7, 2019 with options for utilizing this property for sale. 2. City Council revise the "Comments" and "Current Status" columns in Appendix A to the report (May 30, 2019) from the Acting Director, Real Estate Services to indicate transit planning activity for the following properties under "Intended Manner of Sale - Transfer to Build Toronto": a. 4200-4400 Eglinton Avenue West; and b. 4452 Eglinton Avenue West.
Staff recommendation as filed
The Acting Director, Real Estate Services recommends that: 1. City Council receive this report for information.
GL6.14amended
As part of the Easier Access Phase III Project (the Project), the Toronto Transit Commission (TTC) is proposing to construct two elevators at the Christie Subway Station providing accessibility to and from each of the eastbound and westbound platforms and street level. This report seeks authority to acquire various property interests in the existing entrance connection to the Christie Station located at 5 Christie Street, as identified in Appendix A and shown approximately in Appendix B (known as the Property Interests) for the purposes of the Project. Negotiations for the acquisition of the Property Interests have been ongoing with various owners, however, in order to protect the Project timeline, this report seeks authority to acquire the Property Interests and, if necessary, initiate expropriation proceedings.
The General Government and Licensing Committee recommends that: 1. City Council authorize the Director, Real Estate Services, to negotiate and, if unsuccessful, to initiate expropriation proceedings for the Property Interests identified in Appendix A to the report (June 3, 2019) from the Acting Director, Real Estate Services. 2. City Council authorize the Director, Real Estate Services, to serve and publish Notices of Application for Approval to Expropriate Land for the Property Interests identified in Appendix A to the report (June 3, 2019) from the Acting Director, Real Estate Services, to forward any requests for hearings to the Chief Inquiry Officer, to attend any hearings in order to present the City of Toronto's position, and to report the Chief Inquiry Officer's recommendations to City Council for consideration. 3. City Council request the Director, Real Estate Services, to report to the General Government and Licensing Committee on all transit-related expropriations prior to accepting any offer in relation to the expropriation proceedings, without delaying the acquisition and expropriation process.
Staff recommendation as filed
The Acting Director, Real Estate Services recommends that: 1. City Council authorize the Director, Real Estate Services, to negotiate and, if unsuccessful, to initiate expropriation proceedings for the Property Interests identified in Appendix A. 2. City Council authorize the Director, Real Estate Services, to serve and publish Notices of Application for Approval to Expropriate Land for the Property Interests identified in Appendix A, to forward any requests for hearings to the Chief Inquiry Officer, to attend any hearings in order to present the City of Toronto's position, and to report the Chief Inquiry Officer's recommendations to City Council for consideration.
GL6.15adopted
As part of the Easier Access III and Second Exit Projects (the Projects), the Toronto Transit Commission (TTC) is proposing to make the Donlands Subway Station accessible by constructing two new elevators and is also improving customer safety and convenience by constructing a new second exit building. This report seeks approval from City Council, as the approving authority under the Expropriations Act, to expropriate the required fee simple and permanent and temporary easement Property Interests that will enable pedestrian access from two new elevators and a second exit to be constructed at the Donlands Subway Station (the Station). The required properties are shown on the maps attached as Appendix A and on the draft Reference Plans attached as Appendices C, D, and E.
The General Government and Licensing Committee recommends that: 1. City Council authorize the City of Toronto to enter into agreements, an offer to sell or an agreement under the Expropriations Act, with respect to the Property Interests identified in Appendix B to the report (June 3, 2019) from the Acting Director, Real Estate Services, on terms and conditions acceptable to the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor. 2. City Council authorize the Deputy City Manager, Corporate Services, or the Director, Real Estate Services, jointly and severally, to execute the agreements in Recommendation 1. 3. City Council, in the event that the City of Toronto is unable to reach an agreement with the owner for the acquisition of the Property Interests identified in Appendix B to the report (June 3, 2019) from the Acting Director, Real Estate Services, in Recommendation 1: a. as approving authority under the Expropriations Act, approve the expropriation of the Property Interests; b. as expropriating authority under the Expropriations Act, authorize City staff to take all steps necessary to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and service of the Notice of Expropriation, the Notice of Election as to a Date for Compensation, and/or the Notice of Possession for the Property, as may be appropriate; c. authorize City staff to obtain an appraisal report to value the Property Interests, updated to the date of expropriation or, if the owner so elects in accordance with the Expropriations Act, to the date of service of the Notices of Expropriation, and to prepare and serve Offers of Compensation on all registered owners, at the appraised value, all in accordance with the requirements in the Expropriations Act; and d. authorize the Director, Real Estate Services, and the Manager, Transaction Services, jointly and severally, to sign the Notices of Expropriation, the Notices of Possession, the Offer of Compensation, and any related documents on behalf of the City for the Property Interests. 4. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 once there has been a final determination of all claims for compensation for all of the Property Interests identified in Appendix B to the report (June 3, 2019) from the Acting Director, Real Estate Services, to the satisfaction of the City Solicitor.
Staff recommendation as filed
The Acting Director, Real Estate Services recommends that: 1. City Council authorize the City of Toronto to enter into agreements, an offer to sell or an agreement under the Expropriations Act, with respect to the Property Interests identified in Appendix B (the Property Interests), on terms and conditions acceptable to the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor. 2. City Council authorize the Deputy City Manager, Corporate Services, or the Director, Real Estate Services, jointly and severally, to execute the agreements in Recommendation 1. 3. City Council, in the event that the City of Toronto is unable to reach an agreement with the owner for the acquisition of the Property Interests in Recommendation 1: a. as approving authority under the Expropriations Act, approve the expropriation of the Property Interests; b. as expropriating authority under the Expropriations Act, authorize City staff to take all steps necessary to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and service of the Notice of Expropriation, the Notice of Election as to a Date for Compensation, and/or the Notice of Possession for the Property, as may be appropriate; c. authorize City staff to obtain an appraisal report to value the Property Interests, updated to the date of expropriation or, if the owner so elects in accordance with the Expropriations Act, to the date of service of the Notices of Expropriation, and to prepare and serve Offers of Compensation on all registered owners, at the appraised value, all in accordance with the requirements in the Expropriations Act; and d. authorize the Director, Real Estate Services, and the Manager, Transaction Services, jointly and severally, to sign the Notices of Expropriation, the Notices of Possession, the Offer of Compensation, and any related documents on behalf of the City for the Property Interests. 4. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 once there has been a final determination of all claims for compensation for all of the Property Interests identified in Appendix B to the satisfaction of the City Solicitor.
GL6.16adopted
Application for Approval to Expropriate - 39 Commissioners Street
This report seeks authority for the City of Toronto to initiate expropriation proceedings for 39 Commissioners Street in connection with the Port Lands Flood Protection project (PLFP). The PLFP project is a $1.25 billion infrastructure investment by the three levels of government that will provide flood protection to the level of the regulatory storm event (the equivalent of Hurricane Hazel) for the Port Lands and South of Eastern Avenue areas. Led by Waterfront Toronto, but funded by the City, the Province of Ontario, and the Government of Canada, PLFP construction is underway with a targeted completion date in 2024. As part of PLFP, Commissioners Street needs to be raised, reconstructed, and expanded south of its current alignment to accommodate future vehicular, transit, cycling, pedestrian, and servicing infrastructure. The repositioning of Commissioners Street was approved as part of the 2014 Lower Don Lands Environmental Assessment Master Plan Addendum and Environmental Study Report. The approved alignment will require the right-of-way to traverse 39 Commissioners Street, a privately-held property. For the past year, Waterfront Toronto has been in ongoing negotiations for a land exchange/acquisition of 39 Commissioners Street from the existing landowner and their tenant. Negotiations are still ongoing, however, if a resolution is not achieved in the near term, construction timelines for PLFP will be adversely impacted. Waterfront Toronto has accordingly requested that the Waterfront Expropriation Protocol be utilized by submitting a Property Expropriation Request Form and relevant documentation to the City of Toronto.
The General Government and Licensing Committee recommends that: 1. City Council authorize the Director, Real Estate Services, to initiate expropriation proceedings, if necessary, to acquire the property municipally known as 39 Commissioners Street, legally described in Appendix A and approximately shown in Appendix B to the report (June 10, 2019) from the Acting Director, Real Estate Services. 2. City Council authorize the Director, Real Estate Services, to serve and publish Notices of Application for Approval to Expropriate the property municipally known as 39 Commissioners Street, to forward any requests for hearings to the Chief Inquiry Officer, to attend any hearings in order to present the City of Toronto's position, and to report the Chief Inquiry Officer's recommendations to City Council for consideration.
Staff recommendation as filed
The Acting Director, Real Estate Services recommends that: 1. City Council authorize the Director, Real Estate Services, to initiate expropriation proceedings, if necessary, to acquire the property municipally known as 39 Commissioners Street, legally described in Appendix A and approximately shown in Appendix B. 2. City Council authorize the Director, Real Estate Services, to serve and publish Notices of Application for Approval to Expropriate the property municipally known as 39 Commissioners Street, to forward any requests for hearing to the Chief Inquiry Officer, to attend any hearings in order to present the City of Toronto's position, and to report the Chief Inquiry Officer's recommendations to City Council for consideration.
GL6.17adopted
This report seeks Council authority to enter into a land exchange with the Toronto District School Board (the TDSB) for the exchange of fee simple interest of the property located at 200 Poplar Road, known as Sir Robert L. Borden Business and Technical Institute, in exchange for stratified ownership at the future City of Toronto (the City) mixed-use development site located at 770 Don Mills Road as part of Mayor John Tory's Housing Now Initiative. This proposed transaction will alleviate the TDSB's current student capacity issue in this area by allowing it to construct and take stratified title to a new elementary school in the City's redevelopment site at 770 Don Mills Road, along with creating new open space as the outdoor play area for the students attending the new school. In exchange, the City will obtain the fee simple interest in the TDSB-owned 11.93-acre site, formerly Sir Robert L. Borden Business and Technical Institute, known municipally as 200 Poplar Road, Scarborough, Ontario, M1E 1Z7, which will be used to create a community hub servicing the needs of the local community along with allowing the City to explore city-building opportunities with other City-owned properties nearby. The terms for completing the transaction are considered to be fair, reasonable, and reflective of market value.
The General Government and Licensing Committee recommends that: 1. City Council authorize the City of Toronto (the City) to enter into a Land Exchange Agreement with the Toronto District School Board (the TDSB) for the property known as 200 Poplar Road, legally described in Appendix 1 (the TDSB Land), in exchange for approximately 54,000 square feet of stratified fee simple interest in part of 770 Don Mills Road, being Parts 2 and 5 on Plan RS-882, also shown as Part 2 on Sketch Number PS-2005-026 in Appendix 2 (the City Land) to the report (June 10, 2019) from the Acting Director, Real Estate Services, substantially on the terms and conditions to be agreed between the parties, as may be approved by the Director, Real Estate Services, and in a form satisfactory to the City Solicitor. 2. City Council approve that the transaction meets the requirement for an exchange of land as outlined in Chapter 4.3 (Parks and Open Space Areas), Policy 8 of the City of Toronto's Official Plan. 3. City Council authorize the Director, Real Estate Services, to accept the terms of the Land Exchange Agreement on behalf of the City of Toronto. 4. City Council authorize the City Solicitor to complete the transaction on behalf of the City of Toronto, including paying any necessary expenses, amending the closing and other dates to such earlier or later date(s), and on such terms and conditions as they may, from time to time, consider reasonable. 5. City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.
Staff recommendation as filed
The Acting Director, Real Estate Services recommends that: 1. City Council authorize the City of Toronto (the City) to enter into a Land Exchange Agreement with the Toronto District School Board (the TDSB) for the property known as 200 Poplar Road, legally described in Appendix 1 to this report (the TDSB Land), in exchange for approximately 54,000 square feet of stratified fee simple interest in part of 770 Don Mills Road, being Parts 2 and 5 on Plan RS-882, also shown as Part 2 on Sketch Number PS-2005-026 in Appendix 2 to this report (the City Land), substantially on the terms and conditions to be agreed between the parties, as may be approved by the Director, Real Estate Services, and in a form satisfactory to the City Solicitor. 2. City Council approve that the transaction meets the requirement for an exchange of land as set out in Chapter 4.3 (Parks and Open Space Areas), Policy 8 of the City of Toronto's Official Plan. 3. City Council authorize the Director, Real Estate Services, to accept the terms of the Land Exchange Agreement on behalf of the City of Toronto. 4. City Council authorize the City Solicitor to complete the transaction on behalf of the City of Toronto, including paying any necessary expenses, amending the closing and other dates to such earlier or later date(s), and on such terms and conditions as they may, from time to time, consider reasonable. 5. City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto.
GL6.18adopted
The purpose of this report is to seek Council authority to enter into agreements with the Toronto District School Board and the Toronto Catholic District School Board for the leasing and shared use of 20 Brunel Court, in accordance with Item EX38.3, titled Block 31 in the Railway Lands - Development Agreement, Update and Next Steps, adopted by City Council on February 19, 2014.
The General Government and Licensing Committee recommends that: 1. City Council authorize the City of Toronto to enter into Leases with the Toronto District School Board and the Toronto Catholic District School Board, severally, respecting a portion of the property at 20 Brunel Court, substantially on the terms and conditions outlined in Appendix A to the report (June 10, 2019) from the Acting Director, Real Estate Services, and the General Manager, Parks, Forestry and Recreation, and on such other terms and conditions deemed appropriate by the Deputy City Manager, Corporate Services, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 2. City Council approve the City of Toronto's proportionate share of 41.9 percent for the Shared Facilities Agreement which includes 5.3 percent to be recovered from the third-party child care operator. 3. City Council authorize the Deputy City Manager, Corporate Services, or their designate, to administer and manage the Leases, including the provision of any consents, approvals, waivers, notices, and notices of termination, provided that the Deputy City Manager, Corporate Services, may, at any time, refer consideration of such matters to City Council for its determination and direction. 4. City Council authorize the City of Toronto to enter into a Shared Facilities Agreement with the Toronto District School Board and the Toronto Catholic District School Board, substantially on the terms and conditions outlined in Appendix B to the report (June 10, 2019) from the Acting Director, Real Estate Services, and the General Manager, Parks, Forestry and Recreation, and on such other terms and conditions deemed appropriate by the General Manager, Parks, Forestry and Recreation, in consultation with the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor. 5. City Council authorize the City of Toronto to enter into any Ancillary Agreements and other agreements, documents, notices, or instruments contemplated under or necessary to give effect to the Leases and the Shared Facilities Agreement (Ancillary Agreements) on the terms and conditions deemed appropriate by the Deputy City Manager, Corporate Services, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 6. City Council authorize the Director, Real Estate Services, to execute the Leases and Ancillary Agreements relating to the Leases, on behalf of the City of Toronto. 7. City Council authorize the General Manager, Parks, Forestry and Recreation, to execute the Shared Facilities Agreement and Ancillary Agreements relating to the Shared Facilities Agreement, on behalf of the City of Toronto. 8. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Deputy City Manager, Corporate Services, to amend the Shared Facilities Agreement as necessary, from time to time, provided the amendments are not materially inconsistent with the original Shared Facilities Agreement and in a form satisfactory to the City Solicitor. 9. City Council approve the establishment of an obligatory reserve fund account called the Canoe Landing Reserve Fund in Schedule 15 - Third Party Agreements Obligatory Reserve Funds of the City of Toronto Municipal Code Chapter 227 (Reserves and Reserve Funds), the purpose of which is to provide funding for minor and major repairs, replacements, and capital improvements for the Canoe Landing Facility and related property as outlined in Appendix C to the report (June 10, 2019) from the Acting Director, Real Estate Services, and the General Manager, Parks, Forestry and Recreation. 10. City Council authorize the amendment of the Umbrella Agreement dated October 21, 1994 between the predecessors of the City of Toronto, the Toronto District School Board, and the Toronto Catholic District School Board and the Development Agreement dated May 1, 2014 between the City of Toronto, the Toronto District School Board, and the Toronto Catholic District School Board, such that the requirements in those Agreements to enter into: a. a ground lease from the City to the School Boards and the City, collectively, as ground lessee; b. space leases from the ground lessee to each of the City and the School Boards; c. a Facilities Agreement among the ground lessee parties; d. a Shared Use Park Agreement between the City and the ground lessee; and e. any other agreements relating to the Facility, as outlined in the report (June 10, 2019) from the Acting Director, Real Estate Services, and the General Manager, Parks, Forestry and Recreation, are superceded by the Leases and Shared Facilities Agreement authorized by Recommendations 1 and 3 and are of no further force and effect.
Staff recommendation as filed
The Acting Director, Real Estate Services, and the General Manager, Parks, Forestry and Recreation recommend that: 1. City Council authorize the City of Toronto to enter into Leases with the Toronto District School Board and the Toronto Catholic District School Board, severally, respecting a portion of the property at 20 Brunel Court, substantially on the terms and conditions contained in Appendix A and on such other terms and conditions deemed appropriate by the Deputy City Manager, Corporate Services, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 2. City Council approve the City's proportionate share of 41.9 percent for the Shared Facilities Agreement which includes 5.3 percent to be recovered from the third-party child care operator. 3. City Council authorize the Deputy City Manager, Corporate Services, or their designate, to administer and manage the Leases, including the provision of any consents, approvals, waivers, notices, and notices of termination, provided that the Deputy City Manager, Corporate Services, may, at any time, refer consideration of such matters to City Council for its determination and direction. 4. City Council authorize the City of Toronto to enter into a Shared Facilities Agreement with both the Toronto District School Board and the Toronto Catholic District School Board, substantially on the terms and conditions contained in Appendix B and on such other terms and conditions deemed appropriate by the General Manager, Parks, Forestry and Recreation, in consultation with the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor. 5. City Council authorize the City of Toronto to enter into any Ancillary Agreements and other Agreements, documents, notices, or instruments contemplated under or necessary to give effect to the Leases and the Shared Facilities Agreement (Ancillary Agreements) on the terms and conditions deemed appropriate by the Deputy City Manager, Corporate Services, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor 6. City Council authorize the Director, Real Estate Services, to execute the Leases and Ancillary Agreements relating to the Leases, on behalf of the City of Toronto. 7. City Council authorize the General Manager, Parks, Forestry and Recreation, to execute the Shared Facilities Agreement and Ancillary Agreements relating to the Shared Facilities Agreement, on behalf of the City of Toronto. 8. City Council authorize the General Manager, Parks, Forestry and Recreation, in consultation with the Deputy City Manager, Corporate Services, to amend the Shared Facilities Agreement as necessary, from time to time, provided the amendments must not be materially inconsistent with the original Shared Facilities Agreement and in a form satisfactory to the City Solicitor. 9. City Council approve the establishment of an obligatory reserve fund account called the Canoe Landing Reserve Fund in Schedule 15 - Third Party Agreements Obligatory Reserve Funds, of the City of Toronto Municipal Code Chapter 227 (Reserves and Reserve Funds), the purpose of which is to provide funding for minor and major repairs, replacements, and capital improvements for the Canoe Landing Facility and related property as set out in Appendix C. 10. City Council authorize the amendment of the Umbrella Agreement dated October 21, 1994 between the predecessors of the City of Toronto, the Toronto District School Board, and the Toronto Catholic District School Board and the Development Agreement dated May 1, 2014 between the City of Toronto, the Toronto District School Board, and the Toronto Catholic District School Board such that the requirements in those Agreements to enter into: a. a ground lease from the City to the School Boards and the City, collectively, as ground lessee; b. space leases from the ground lessee to each of the City and the School Boards; c. a Facilities Agreement among the ground lessee parties; d. a Shared Use Park Agreement between the City and the ground lessee; and e. any other Agreements relating to the Facility (as defined in the report); are superceded by the Leases and Shared Facilities Agreement authorized by Recommendations 1 and 3 and are of no further force and effect.
GL6.19adopted
The purpose of this report is to obtain City Council authority to enter into a new Community Space Tenancy Lease with Toronto Community & Culture Centre for 2,340 square feet of City-owned space located at 1650 Finch Avenue East in Ward 17 - Don Valley North in the building commonly known as the Zion Church Cultural Centre and to have the premises designated a Municipal Capital Facility.
The General Government and Licensing Committee recommends that: 1. City Council authorize the City of Toronto to enter into a Community Space Tenancy Lease (the Lease) with Toronto Community & Culture Centre, pursuant to the Community Space Tenancy Policy, as a Community Partner Tenant for the lands and premises located at 1650 Finch Avenue East and known as Zion Church Cultural Centre for a five-year term, substantially on the terms outlined in Appendix A to the report (May 31, 2019) from the Acting Director, Real Estate Services, and the General Manager, Economic Development and Culture, with such revisions as may be acceptable to the Deputy City Manager, Corporate Services, in consultation with the General Manager, Economic Development and Culture, and in a form acceptable to the City Solicitor. 2. City Council authorize the Deputy City Manager, Corporate Services, and the Director, Real Estate Services, severally, to execute the Lease and any related documents on behalf of the City of Toronto, as required. 3. City Council authorize the Deputy City Manager, Corporate Services, or their designate, to administer and manage the Lease, including the provision of any amendments, consents, approvals, waivers, notices, and notices of termination, provided that the Deputy City Manager, Corporate Services, may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction. 4. City Council pass a By-law pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to: a. enter into a Municipal Capital Facility Agreement with Toronto Community & Culture Centre for the property known as 1650 Finch Avenue East, with respect to approximately 2,340 square feet of community space (the Leased Premises) for the purposes of providing a Municipal Capital Facility related to the provision of social and health services; and b. exempt the Leased Premises from taxation for municipal and school purposes, with the tax exemption to be effective from the latest of: (1) the commencement date of the Lease, (2) the date the Municipal Capital Facility Agreement is entered into, and (3) the date the Tax Exemption By-law is enacted. 5. City Council direct the City Clerk to give written notice of the amended By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir.
Staff recommendation as filed
The Acting Director, Real Estate Services, and the General Manager, Economic Development and Culture recommend that: 1. City Council authorize the City of Toronto to enter into a Community Space Tenancy Lease (the Lease) with Toronto Community & Culture Centre, pursuant to the Community Space Tenancy Policy, as a Community Partner Tenant for the lands and premises located at 1650 Finch Avenue East and known as Zion Church Cultural Centre for a five-year term substantially on the terms set out in Appendix A, with such revisions as may be acceptable to the Deputy City Manager, Corporate Services, in consultation with the General Manager, Economic Development and Culture, and in a form acceptable to the City Solicitor. 2. City Council authorize the Deputy City Manager, Corporate Services, and the Director, Real Estate Services, severally, to execute the Lease and any related documents on behalf of the City of Toronto, as required. 3. City Council authorize the Deputy City Manager, Corporate Services, or their designate, to administer and manage the Lease, including the provision of any amendments, consents, approvals, waivers, notices, and notices of termination, provided that the Deputy City Manager, Corporate Services, may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction. 4. City Council pass a By-law pursuant to Section 252 of the City of Toronto Act, 2006, providing authority to: a. enter into a Municipal Capital Facility Agreement with Toronto Community & Culture Centre for the property known as 1650 Finch Avenue East, with respect to approximately 2,340 square feet of community space (the Leased Premises) for the purposes of providing a Municipal Capital Facility related to the provision of social and health services; and b. exempt the Leased Premises from taxation for municipal and school purposes, which tax exemption is to be effective from the latest of: (1) the commencement date of the Lease, (2) the date the Municipal Capital Facility Agreement is entered into, and (3) the date the Tax Exemption By-law is enacted. 5. City Council direct the City Clerk to give written notice of the amended By-law to the Minister of Finance, the Municipal Property Assessment Corporation, the Toronto District School Board, the Toronto Catholic District School Board, le Conseil scolaire Viamonde, and le Conseil scolaire catholique MonAvenir.
GL6.20adopted
The purpose of this report is to request authority, amend the value, and extend the current end date for Purchase Order Number 47020285 issued to Ergo Industrial Seating Systems Incorporated for the supply of office seating and related services. This amendment will ensure ongoing alignment with the Province of Ontario's Vendor of Record Contract Agreement with the Vendor, which the City leverages to achieve the best possible pricing and savings on the supply of office seating and ensure that planned and approved projects can proceed. The Province of Ontario has recently extended the final option year term to July 31, 2020. The total Purchase Order Amendment being requested to ensure alignment with the Province's contract for the final term ending July 31, 2020 is for an additional amount of $1,500,000 net of all applicable taxes and charges ($1,526,400 net of Harmonized Sales Tax recoveries) which adjusts the current contract value from $2,250,000 net of all taxes and charges, $2,542,500 including taxes and charges ($2,289,600 net of Harmonized Sales Tax recoveries) to $3,250,000 net of all taxes and charges, $3,672,500 including taxes and charges ($3,307,200 net of Harmonized Sales Tax recoveries). Furniture requirements are based on the needs of all Programs and Agencies. This includes needs as a result of lifecycle replacement forecasts, the acquisition of new items, and items identified for ergonomic purposes. Programs and Agencies are required to budget furniture needs with justifications in the annual Operating and Capital Budget Submissions. Additionally, this requested amendment will ensure that there is no interruption to the supply of office seating for the City, as this contract represents the primary source of office chairs for City divisions.
The General Government and Licensing Committee: 1. In accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), granted authority to amend Purchase Order Number 47020285 to provide continuity of service for the supply and delivery of approved office seating and related services until July 31, 2020 by an additional amount of $1,500,000 net of all applicable taxes and charges ($1,526,400 net of Harmonized Sales Tax recoveries), adjusting the current Purchase Order value from $2,250,000 to $3,250,000 net of all applicable taxes and charges ($3,307,200 net of Harmonized Sales Tax recoveries).
Staff recommendation as filed
The Interim General Manager, Facilities Management, and the Chief Purchasing Officer recommend that: 1. The General Government and Licensing Committee, in accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), grant authority to amend Purchase Order Number 47020285 to provide continuity of service for the supply and delivery of approved office seating and related services until July 31, 2020 by an additional amount of $1,500,000 net of all taxes and charges ($1,526,400 net of Harmonized Sales Tax recoveries), adjusting the current Purchase Order value from $2,250,000 to $3,250,000 net of all taxes and charges ($3,307,200 net of Harmonized Sales Tax recoveries).
GL6.21adopted
The purpose of the report is to advise on the results of the Request for Proposal 9119-19-0162 for the provision of a design, program management and contract administration services and request authority to award and negotiate an agreement with IBI Group in the total amount of $24,120,854.55 net of Harmonized Sales Tax ($24,545,382, net of Harmonized Sales Tax recoveries) for a fixed period of 7.5 years ending December 2026. This procurement is part of a larger initiative to 1) complete accessibility upgrades in accordance with provincial and City requirements at 353 City buildings managed by Facilities Management and Shelter, Support and Housing Administration and 2) complete accessibility audits at a further 11 buildings managed by Shelter, Support and Housing Administration. Through a program approach to procurement and project delivery, Facilities Management expects to deliver all projects before the 2025 deadline for compliance with the Accessibility for Ontarians with Disabilities Act, while achieving time efficiencies and cost savings, standardized quality across all projects, and business continuity throughout the program. In addition to the base cost submitted by the proponent, the total estimated contract value includes contingencies and allowances of 15 percent each to account for additional sites that may need to be added or to address unanticipated challenges that may arise during a program of this size, complexity, and duration (7.5 years, including the close out and warranty periods). The total estimated contract value (inclusive of contingencies and allowances) represents approximately 12 percent of the total combined program budgets for accessibility upgrades at Facilities Management and Shelter, Support and Housing Administration facilities ($204.1 million), which is in line with industry benchmarks. In accordance with By-Law 195-8.5-B, City Council approval is required for this award as the term of the proposed contract exceeds five (5) years and the value of award exceeds $20,000,000.
The General Government and Licensing Committee recommends that: 1. City Council authorize the General Manager, Facilities Management, to negotiate and enter into an agreement with IBI Group, who was the highest scoring proponent meeting the requirements of Request for Proposal Number 9119-19-0162, for the provision of design, program management, and contract administration services for accessibility upgrades at various City of Toronto locations for a fixed period of 7.5 years ending December 31, 2026 in the amount of $24,120,855 excluding all taxes ($24,545,382 net of Harmonized Sales Tax recoveries), based on the terms and conditions satisfactory to the Chief Financial Officer and Treasurer and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The Interim General Manager, Facilities Management, and the Chief Purchasing Officer recommend that: 1. City Council authorize the Interim General Manager, Facilities Management, to negotiate and enter into an agreement with IBI Group for the provision of design, program management, and contract administration services for accessibility upgrades at various City of Toronto locations, who was the highest scoring proponent meeting the requirements set out in Request for Proposal Number 9119-19-0162 for a fixed period of 7.5 years ending December 31, 2026 in the amount of $24,120,855 excluding all taxes ($24,545,382 net of Harmonized Sales Tax recoveries), based on the terms and conditions satisfactory to the Chief Financial Officer and Treasurer and in a form satisfactory to the City Solicitor.
GL6.22adopted
Award of Request for Proposal Number 9119-19-7055 for Property Management Services for Canoe Landing
The purpose of this report is to advise on the results of the Request for Proposal (RFP) 9119-19-7055 for the provision of property management services for a multi-use hub facility located at 20 Brunel Court and named Canoe Landing which consists of a Parks, Forestry and Recreation (PFR) Community Centre, a Toronto District School Board (TDSB) elementary school, a Toronto Catholic District School Board (TCDSB) elementary school, a child care centre, a parking garage, and an outdoor space (collectively the Facility) and to request authority to award and enter into an agreement with the recommended proponent, Kipling Realty Management Inc. The obligations of all parties with respect to the use, maintenance, and repair of all areas of the Facility are set out in the Shared Facilities Agreement and Leases, as outlined in the report, titled 20 Brunel Court - Leases with the Toronto District School Board and the Toronto Catholic District School Board, from the Acting Director, Real Estate Services, and the General Manager, Parks, Forestry and Recreation (the Leasing Report), that is also being considered at the June 24, 2019 General Government and Licensing Committee meeting.
The General Government and Licensing Committee recommends that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation, to execute, on behalf of the City of Toronto, an agreement with Kipling Realty Management Inc., who was the only proponent who met the requirements of Request for Proposal Number 9119-19-7055, to provide property management services for the Canoe Landing Facility, located at 20 Brunel Court, for a fixed term of five years in the amount of $1,948,787.95 net of all taxes ($1,983,086.62 net of Harmonized Sales Tax recoveries), substantially on the terms and conditions outlined in Attachment 2 to the report (June 13, 2019) from the General Manager, Parks, Forestry and Recreation, and the Chief Purchasing Officer and on such other terms and conditions deemed appropriate by the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 2. City Council authorize the General Manager, Parks, Forestry and Recreation, to amend the Property Management Agreement as necessary and to modify the number of staff provided by Kipling Realty Management Inc. to efficiently and effectively manage the Canoe Landing Facility located at 20 Brunel Court.
Staff recommendation as filed
The General Manager, Parks, Forestry and Recreation, and the Chief Purchasing Officer recommend that: 1. City Council authorize the General Manager, Parks, Forestry and Recreation, to execute, on behalf of the City of Toronto, an agreement with Kipling Realty Management Inc., being the only proponent who met the requirements of Request for Proposal Number 9119-19-7055, to provide property management services for the Canoe Landing Facility located at 20 Brunel Court for a fixed term of five years in the amount of $1,948,787.95 net of all taxes ($1,983,086.62 net of Harmonized Sales Tax recoveries), substantially on the terms and conditions contained in Attachment 2 and on such other terms and conditions deemed appropriate by the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor. 2. City Council authorize the General Manager, Parks, Forestry and Recreation, to amend the Property Management Agreement as necessary, to modify the number of staff provided by Kipling Realty Management Inc. to efficiently and effectively manage the Canoe Landing Facility located at 20 Brunel Court.
GL6.23adopted
The purpose of this report is to seek authority to amend Non-Competitive Contract Number 47015908 issued to the YMCA of Greater Toronto for the exclusive catering services at Metro Hall (55 John Street) by an additional amount of $50,000 net of all applicable taxes and charges ($50,880 net of Harmonized Sales Tax recoveries), revising the current contract value from $500,000 to $550,000 net of all applicable taxes and charges ($559,680 net of Harmonized Sales Tax recoveries). In 2009, the City of Toronto executed a lease agreement with the YMCA of Greater Toronto (YMCA) for portions of the basement, ground, and third floors of Metro Hall (55 John Street). The lease agreement contained a provision that designated the YMCA as the exclusive provider of catering services within Metro Hall, subject to a few exceptions. The original lease agreement expired in 2014, but was subsequently renewed for an additional five-year term; accordingly, the current lease agreement expires on December 31, 2019 with no option to renew. To fulfil the terms of the lease, the City entered into a non-competitive contract for $500,000 with the YMCA for the exclusive catering services within Metro Hall. City divisions have used this contract to obtain catering services for events held within Metro Hall. Attachment 1 provides a breakdown of divisional spending against this contract by 31 divisions since it was established in May 2011. As of May 22, 2019, total spending against the contract totalled $470,009, with annual spending averaging approximately $60,000. To ensure that the City can continue to meet its contractual obligations with respect to the YMCA's exclusive catering rights, a contract amendment is required to ensure sufficient contract authority remains available for the duration of the current lease agreement. A new contract for catering services will be obtained (if required), pending the execution of a new lease agreement.
The General Government and Licensing Committee: 1. In accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), granted authority to amend Non-Competitive Contract Number 47015908 issued to the YMCA of Greater Toronto for the exclusive catering services at Metro Hall, located at 55 John Street, by an additional amount of $50,000 net of all applicable taxes and charges ($50,880 net of Harmonized Sales Tax recoveries), revising the current contract value from $500,000 to $550,000 net of all applicable taxes and charges ($559,680 net of Harmonized Sales Tax recoveries), under the same terms and conditions of the existing agreement and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The Acting Director, Real Estate Services, and the Chief Purchasing Officer recommend that: 1. The General Government and Licensing Committee, in accordance with Section 71-11.1C of the City of Toronto Municipal Code Chapter 71 (Financial Control By-law), grant authority to amend Non-Competitive Contract Number 47015908 issued to the YMCA of Greater Toronto for the exclusive catering services at Metro Hall, located at 55 John Street, by an additional amount of $50,000 net of all applicable taxes and charges ($50,880 net of Harmonized Sales Tax recoveries), revising the current contract value from $500,000 to $550,000 net of all applicable taxes and charges ($559,680 net of Harmonized Sales Tax recoveries), under the same terms and conditions of the existing agreement and in a form satisfactory to the City Solicitor.
GL6.24adopted
Delivery of the East Bayfront Community Recreation Centre
This report requests City Council authority to enter into agreements for the delivery of a 25,000 square foot community recreation centre (the Recreation Centre) located within a new mixed-use building in Block 4 on Plan 66M2542 (Block 4) in the East Bayfront Precinct located at 261 Queens Quay East (see Attachment 1). The project is to be delivered by Aqualuna Bayside Toronto Partnership (development manager/developer) and Deltera Contracting Inc. (the constructor). The Aqualuna Bayside Toronto Partnership is between a Hines entity (Hines) and its residential partner, a Tridel entity (Tridel). This report also seeks authority to transfer cash flow funding of up to $22.0 million from the 2019 Council Approved Capital Budgets and future year commitments for Waterfront Revitalization Initiative and Parks, Forestry and Recreation, to the development manager, the constructor, and the architect to design and deliver both the base/shell and fit-out of the Recreation Centre. The major terms for delivery of the Recreation Centre and associated agreements are presented in this report and form part of the approval being sought by Council. Lastly, the report seeks approval for the General Manager, Parks, Forestry and Recreation, to execute the contract with the design architects for the Recreation Centre in order for Parks, Forestry and Recreation to manage the design specification process directly. This report has been prepared by Parks, Forestry and Recreation, with input from the Waterfront Secretariat, Real Estate Services, Purchasing and Materials Management, Corporate Finance, and in consultation with Legal Services.
The General Government and Licensing Committee recommends that: 1. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation, to execute on behalf of the City, a Development Management Agreement for the development of an approximately 25,000 square foot community recreation centre (the Recreation Centre) within a mixed-use project containing residential, commercial, and retail components (the Block 4 Project) at 261 Queens Quay East with Aqualuna Bayside Toronto Partnership, a general partnership of 2572942 Ontario Limited and Hines Bayside IV ULC, and with the partnership's nominee, Aqualuna Bayside Toronto Inc., substantially on the terms and conditions outlined in Attachment 3 to the report (June 6, 2019) from the General Manager, Parks, Forestry and Recreation, and on such other terms and conditions deemed appropriate by the General Manager, Parks, Forestry and Recreation, and the City Solicitor. 2. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation, to execute on behalf of the City, a Construction Management Contract for the construction of the base/shell of the Recreation Centre and a Construction Management Contract for the construction of the fit-out of the Recreation Centre, both with Deltera Contracting Inc., substantially on the terms and conditions outlined in Attachment 4 to the report (June 6, 2019) from the General Manager, Parks, Forestry and Recreation, and on such other terms and conditions deemed appropriate by the General Manager, Parks, Forestry and Recreation, and the City Solicitor. 3. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation, to execute a single contract for an estimated $600,000 from the project budget for full consulting services with Perkins+Will Canada Inc., the architect currently retained by the developer for the design of the Recreation Centre. 4. City Council, conditional upon the execution of acceptable agreements in accordance with Recommendations 1, 2, and 3, authorize the flow of the following funding to Aqualuna Bayside Toronto Partnership, a general partnership of 2572942 Ontario Limited and Hines Bayside IV ULC, or its nominee, and to Deltera Contracting Inc., in accordance with the Development Management Agreement and the Construction Management Agreements, respectively, and to Perkins+Will Canada Inc. to the maximum fee specified in Recommendation 3 for the delivery of the Recreation Centre: a. up to $15.000 million from the 2019 Council Approved Waterfront Revitalization Initiative Capital Budget and future year commitments from the project "Precinct Implementation Projects," with funding of $1.500 million from Debt and $13.500 million from Development Charges (XR2114); and b. up to $7.000 million from the 2019 Council Approved Parks, Forestry and Recreation Capital Budget and future year commitments for the East Bayfront Community Centre sub-project in the Community Centre project, with funding of $6.300 million from Development Charges (XR2114) and $0.700 million from the South District Parkland Development Reserve Fund (XR2209) projects. 5. City Council authorize the City of Toronto, as Vendor, to enter into an Amending Agreement of Purchase and Sale (Amended APS) with Aqualuna Bayside Toronto Inc., for and on behalf of Aqualuna Bayside Toronto Partnership, as Purchaser, to amend the Agreement of Purchase and Sale of Block 4, on the following terms and conditions and on such other terms and conditions deemed appropriate by the Deputy City Manager, Corporate Services, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor: a. the Amended Agreement of Purchase and Sale will not become effective unless and until the City confirms that the City is proceeding with the Recreation Centre, in accordance with the terms of the Development Management Agreement for the base/shell; b. Waterfront Toronto and the Purchaser shall have entered into an Amending Development Agreement in respect of the development of Block 4 which includes the Recreation Centre; c. the City will retain freehold ownership of the strata parcel of land designated for the Recreation Centre, as shown on an initial strata plan for closing; d. the parties will enter into a Shared Facilities Agreement in respect of the shared areas (Shared Areas) of the Block 4 Project and other operational matters in recognition of the integration of the Recreation Centre with the other components of the Block 4 Project, substantially on the terms and conditions outlined in Attachment 5 to the report (June 6, 2019) from the General Manager, Parks, Forestry and Recreation; e. the City's share of the Shared Facilities Budget for the operation and maintenance of the Shared Areas and various operational matters in respect of the overall Block 4 Project for the first year of operation of the Recreation Centre are estimated not to exceed $10,000 (the Shared Facilities Budget); f. on the closing of the Agreement of Purchase and Sale, the Recreation Centre lands will be subject to the Restrictions on Use and the Right of First Opportunity, substantially on the terms and conditions outlined in Attachment 6 to the report (June 6, 2019) from the General Manager, Parks, Forestry and Recreation; g. upon the completion of the construction of the Recreation Centre and the registration of the final strata plan for the Block 4 Project, the City, as transferor or transferee, will enter into such reconveyances of land and transfers of easements for nominal consideration, as necessary, to legally describe the lands for the Recreation Centre as City-owned freehold space, together with and subject to appurtenant and servient easement interests; and h. if the City has not proceeded with the fit-out of the Recreation Centre, in accordance with the terms of the Construction Management Agreement, and the City has failed to commence construction of the fit-out of the Recreation Centre within the two-year period following 50 percent occupancy of the residential condominium, the Purchaser will have the option to purchase the City's freehold strata lands designated for the Recreation Centre, together with the Recreation Centre base/shell as then-existing, for fair market value. 6. City Council authorize the City of Toronto to enter into the Shared Facilities Agreement, substantially on the terms and conditions outlined in Attachment 5 to the report (June 6, 2019) from the General Manager, Parks, Forestry and Recreation, and on such other terms and conditions deemed appropriate by the General Manager, Parks, Forestry and Recreation, in consultation with the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor. 7. City Council authorize the General Manager, Parks, Forestry and Recreation, to approve the Shared Facilities Budget, to negotiate, administer, manage, execute, and deliver on behalf of the City the Shared Facilities Agreement, to designate any person or persons to represent the City on any shared facilities committee or subcommittee formed under the Shared Facilities Agreement, to provide any authorization, direction, or instructions to such designated person(s) in carrying out his/her role(s) as a City representative(s), to carry out all dispute resolution processes, and the General Manager, Parks, Forestry and Recreation, or his/her successor/designate(s), is authorized to provide any consents, approvals, waivers, notices, certificates of compliance, status certificates, and other documentation under the Shared Facilities Agreement, provided that the General Manager, Parks, Forestry and Recreation, may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction. 8. City Council authorize the General Manager, Parks, Forestry and Recreation, to make all decisions, including any necessary elections, waivers, approvals, consents, and notices, on behalf of the City during the pre- and post-construction and construction phases of the Recreation Centre, in accordance with the project agreements outlined in Recommendations 1, 2, and 3 and any other agreements or documentation entered into as a result of those agreements. 9. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation, to execute on behalf of the City, any Ancillary Agreements contemplated under or arising out of the Development Management Agreement, the Construction Management Agreement, the Shared Facilities Agreement, the Amended Agreement of Purchase and Sale, or the construction of the Recreation Centre, in consultation and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The General Manager, Parks, Forestry and Recreation recommends that: 1. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation, to execute on behalf of the City, a Development Management Agreement for the development of an approximately 25,000 square foot community recreation centre (the Recreation Centre) within a mixed-use project containing residential, commercial, and retail components (the Block 4 Project) at 261 Queens Quay East with Aqualuna Bayside Toronto Partnership, a general partnership of 2572942 Ontario Limited and Hines Bayside IV ULC, and with the partnership's nominee Aqualuna Bayside Toronto Inc., substantially on the terms and conditions summarized in Attachment 3 and on such other terms and conditions deemed appropriate by the General Manager, Parks, Forestry and Recreation, and the City Solicitor. 2. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation, to execute on behalf of the City, a Construction Management Contract for the construction of the base/shell of the Recreation Centre and a Construction Management Contract for the construction of the fit-out of the Recreation Centre, both with Deltera Contracting Inc., substantially on the terms and conditions summarized in Attachment 4 and on such other terms and conditions deemed appropriate by the General Manager, Parks, Forestry and Recreation, and the City Solicitor. 3. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation, to execute a single contract for an estimated $600,000 from the project budget for full consulting services with Perkins+Will Canada Inc., the architect currently retained by the developer for the design of the Recreation Centre. 4. City Council, conditional upon the execution of acceptable agreements in accordance with Recommendations 1, 2, and 3, authorize the flow of the following funding to Aqualuna Bayside Toronto Partnership, a general partnership of 2572942 Ontario Limited and Hines Bayside IV ULC, or its nominee, and to Deltera Contracting Inc., in accordance with the Development Management Agreement and the Construction Management Agreements, respectively, and to Perkins+Will Canada Inc. to the maximum fee specified in Recommendation 3 for the delivery of the Recreation Centre: a. up to $15.000 million from the 2019 Council Approved Waterfront Revitalization Initiative Capital Budget and future year commitments, from the project "Precinct Implementation Projects," with funding of $1.500 million from Debt and $13.500 million from Development Charges (XR2114); and b. up to $7.000 million from the 2019 Council Approved Parks, Forestry and Recreation Capital Budget and future year commitments, for the East Bayfront Community Centre sub-project in the Community Centre project, with funding of $6.300 million from Development Charges (XR2114) and $0.700 million from the South District Parkland Development Reserve Fund (XR2209) projects; 5. City Council authorize the City of Toronto, as Vendor, to enter into an Amending Agreement of Purchase and Sale (Amended APS) with Aqualuna Bayside Toronto Inc., for and on behalf of Aqualuna Bayside Toronto Partnership, as Purchaser, to amend the Agreement of Purchase and Sale of Block 4, on the following terms and conditions and on such other terms and conditions deemed appropriate by the Deputy City Manager, Corporate Services, in consultation with the General Manager, Parks, Forestry and Recreation, and in a form satisfactory to the City Solicitor: a. the Amended Agreement of Purchase and Sale will not become effective unless and until the City confirms that the City is proceeding with the Recreation Centre, in accordance with the terms of the Development Management Agreement for the base/shell; b. Waterfront Toronto and the Purchaser shall have entered into an Amending Development Agreement in respect of the development of Block 4 which includes the Recreation Centre; c. the City will retain freehold ownership of the strata parcel of land designated for the Recreation Centre, as shown on an initial strata plan for closing; d. the parties will enter into a Shared Facilities Agreement in respect of the shared areas (Shared Areas) of the Block 4 Project and other operational matters in recognition of the integration of the Recreation Centre with the other components of the Block 4 Project, substantially on the terms and conditions set out in Attachment 5; e. the City's share of the shared facilities budgets for the operation and maintenance of the Shared Areas and various operational matters in respect of the overall Block 4 Project for the first year of operation of the Recreation Centre are estimated not to exceed $10,000 (the Shared Facilities Budget); f. on the closing of the Agreement of Purchase and Sale, the Recreation Centre lands will be subject to the Restrictions on Use and the Right of First Opportunity, substantially on the terms and conditions set out in Attachment 6; g. upon the completion of the construction of the Recreation Centre and the registration of the final strata plan for the Block 4 Project, the City, as transferor or transferee, will enter into such reconveyances of land and transfers of easements for nominal consideration, as necessary, to legally describe the lands for the Recreation Centre as City-owned freehold space, together with and subject to appurtenant and servient easement interests; and h. if the City has not proceeded with the fit-out of the Recreation Centre, in accordance with the terms of the Construction Management Agreement, and the City has failed to commence construction of the fit-out of the Recreation Centre within the two-year period following 50 percent occupancy of the residential condominium, the Purchaser will have the option to purchase the City's freehold strata lands designated for the Recreation Centre, together with the Recreation Centre base/shell as then-existing, for fair market value. 6. City Council authorize the City of Toronto to enter into the Shared Facilities Agreement substantially on the terms and conditions contained in Attachment 5 and on such other terms and conditions deemed appropriate by the General Manager, Parks, Forestry and Recreation, in consultation with the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor. 7. City Council authorize the General Manager, Parks, Forestry and Recreation, to approve the Shared Facilities Budget, to negotiate, administer, manage, execute, and deliver on behalf of the City the Shared Facilities Agreement, to designate any person or persons to represent the City on any shared facilities committee or subcommittee formed under the Shared Facilities Agreement, to provide any authorization, direction, or instructions to such designated person(s) in carrying out his/her role(s) as a City representative(s), to carry out all dispute resolution processes, and the General Manager, Parks, Forestry and Recreation or his/her successor/designate(s) is authorized to provide any consents, approvals, waivers, notices, certificates of compliance, status certificates, and other documentation under the Shared Facilities Agreement, provided that the General Manager, Parks, Forestry and Recreation, may, at any time, refer consideration of such matters (including their content) to City Council for its determination and direction. 8. City Council authorize the General Manager, Parks, Forestry and Recreation, to make all decisions, including any necessary elections, waivers, approvals, consents, and notices, on behalf of the City during the pre- and post-construction and construction phases of the Recreation Centre, in accordance with the project agreements set out in Recommendations 1, 2, and 3 and any other agreements or documentation entered into as a result of those agreements. 9. City Council authorize the City of Toronto to enter into, and the General Manager, Parks, Forestry and Recreation, to execute on behalf of the City, any Ancillary Agreements contemplated under or arising out of the Development Management Agreement, the Construction Management Agreement, the Shared Facilities Agreement, the Amended Agreement of Purchase and Sale, or the construction of the Recreation Centre, in consultation and in a form satisfactory to the City Solicitor.
GL6.25amended
Increase in Penalty Amounts for Stopping and Parking Violations
This report responds to a request from the General Government and Licensing Committee to review the administrative penalty amounts (penalty amounts) for stopping and parking violations that typically occur near schools, creating localized traffic congestion and safety concerns for parents and students. Parking violation notices issued through the City of Toronto's Administrative Penalty System are meant to promote greater compliance with the City's Parking By-laws. A number of factors may be considered when reviewing penalty amounts for stopping and parking violations. These include comparable violations, the impact of non-compliance, and penalty amounts in other jurisdictions. The penalty amounts discussed in this report are related to the most common stopping and parking violations that take place near schools. The proposed changes are based on existing penalty amounts for comparable violations that similarly address traffic congestion and road safety concerns, particularly for vulnerable road users. All penalty increases are proposed to come into effect at the beginning of the 2019-2020 school year on September 3, 2019. The proposed changes are as follows: - Increase the penalties from $60 to $100 for violations taking place at any prohibited time of day for the following offences: - stopping a motor vehicle in a school bus loading zone; and - stopping a motor vehicle within nine metres of a school crossing. - Increase the penalties from $60 to $100 for violations taking place outside of rush hour periods for the following offences: - stopping a motor vehicle during a prohibited time; and - standing a motor vehicle during a prohibited time. - Introduce a new offence for stopping a motor vehicle on the boulevard and an associated penalty of $150.
The General Government and Licensing Committee recommends that: 1. City Council increase the penalty amount from $60 to $100 for the "Stop - Non-School Bus in School Bus Loading Zone" offence in Section 950-400B(10) of the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), with an implementation date of September 3, 2019. 2. City Council increase the penalty amount from $60 to $100 for the "Stop - Within 9 Metres of School Crossing" offence in Section 950-400B(11) of the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), with an implementation date of September 3, 2019. 3. City Council increase the penalty amount from $60 to $100 for the "Stop - Signed Highway - During Prohibited (Times/Days)" offence in Section 950-405D of the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), with an implementation date of September 3, 2019. 4. City Council increase the penalty amount from $60 to $100 for the "Stand Vehicle - Signed Highway During Prohibited (Times/Days)" offence in Section 950-405G of the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), with an implementation date of September 3, 2019. 5. City Council amend the City of Toronto Municipal Code Chapter 950 (Traffic and Parking) to establish a new offence in Section 950-400B(1.1) for stopping any vehicle on or over a boulevard unless stopping is authorized under any other City of Toronto Municipal Code Chapter or By-law and establish an associated penalty amount of $150, with an implementation date of September 3, 2019. 6. City Council amend the City of Toronto Municipal Code Chapter 610 (Penalties, Administration of) and the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), generally as outlined in Attachment 1 to the report (June 10, 2019) from the General Manager, Transportation Services. 7. City Council increase the penalty amount from $60 to $100 for the "Stand Vehicle - Passenger Loading Zone - Contrary to Permitted (Times/Days)" offence in Section 950-402A(3) of the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), with an implementation date of September 3, 2019, and amend the City of Toronto Municipal Code Chapter 610 (Penalties, Administration of) accordingly. 8. City Council increase the penalty amount from $60 to $100 for the "Stand Vehicle - Passenger Loading Zone - Not Actively Engaged in Loading/Unloading Passengers" offence in Section 950-402A(3) of the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), with an implementation date of September 3, 2019, and amend the City of Toronto Municipal Code Chapter 610 (Penalties, Administration of) accordingly.
Staff recommendation as filed
The General Manager, Transportation Services recommends that: 1. City Council increase the penalty amount from $60 to $100 for the "Stop - Non-School Bus in School Bus Loading Zone" offence in Section 950-400B(10) of the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), with an implementation date of September 3, 2019. 2. City Council increase the penalty amount from $60 to $100 for the "Stop - Within 9 Metres of School Crossing" offence in Section 950-400B(11) of the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), with an implementation date of September 3, 2019. 3. City Council increase the penalty amount from $60 to $100 for the "Stop - Signed Highway - During Prohibited (Times/Days)" offence in Section 950-405D of the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), with an implementation date of September 3, 2019. 4. City Council increase the penalty amount from $60 to $100 for the "Stand Vehicle - Signed Highway During Prohibited (Times/Days)" offence in Section 950-405G of the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), with an implementation date of September 3, 2019. 5. City Council amend the City of Toronto Municipal Code Chapter 950 (Traffic and Parking) to establish a new offence in Section 950-400B(1.1) for stopping any vehicle on or over a boulevard unless stopping is authorized under any other City of Toronto Municipal Code Chapter or By-law and establish an associated penalty amount of $150, with an implementation date of September 3, 2019. 6. City Council amend the City of Toronto Municipal Code Chapter 610 (Penalties, Administration of) and the City of Toronto Municipal Code Chapter 950 (Traffic and Parking), generally as set out in Attachment 1 to the report (June 10, 2019) from the General Manager, Transportation Services.
GL6.26adopted
Feasibility of a New Year's Eve Grace Period for Permit Parking Violations
This report responds to City Council's direction through Item MM2.15 to investigate the feasibility of providing a New Year's Eve grace period for "Park in Permit Parking Location without a Valid Permit" violations between 10:00 p.m. on December 31 and 10:00 a.m. on January 1. Staff conducted this feasibility study by completing a jurisdictional scan and analyzing the policy proposal in the following areas: - required amendments to City By-laws; - impact on the Residential On-Street Parking Program; - impact on Parking Tags Enforcement and Operations; and - impact on the City's Administrative Penalty System (APS) for parking violations. A New Year's Eve grace period, as outlined in Item MM2.15, requires an amendment to the City of Toronto Municipal Code Chapter 925 (Permit Parking), allowing for the elimination of the Permit Parking By-law during the designated time period. Based on parking violation notice (PVN) issuance between 10:00 p.m. on December 31, 2018 and 10:00 a.m. on January 1, 2019, it is anticipated that a grace period will reduce PVN issuance by approximately 330 PVNs. This corresponds to approximately 54 fewer disputes being administered through the City's APS Program (screening and hearing reviews combined) based on 2018 PVN dispute statistics. Staff have reviewed the proposal to implement a New Year's Eve grace period for the violation of "Park in Permit Parking Location without a Valid Permit" and have identified two concerns which need to be considered: the impact to residents who have purchased on-street parking permits or temporary on-street parking permits and the impact of additional parking on residential streets for emergency vehicle access. Implementing a New Year's Eve grace period as proposed would limit the number of available on-street parking spaces during the designated time period for residents that purchase parking permits and temporary parking permits through the Residential On-Street Parking Program. This would place permit holders at a disadvantage during the designated time period, as on-street parking spaces may not be available. Temporary parking permits are available to the public on New Year's Eve. This Program supports safe celebration practices during the holiday season. A New Year's Eve grace period could create public safety concerns. An influx of illegally parked vehicles on City streets may create pinch points on residential streets and could even restrict access for emergency vehicles in some cases. Staff completed a jurisdictional scan of Brampton, Burlington, Oakville, Oshawa, and Vaughan to determine if other municipalities in the Greater Toronto Area have similar parking policies on New Year's Eve. Several municipalities offer free parking in town/city-owned parking lots during the holiday season. None of the municipalities in the jurisdictional scan offer a grace period for permit parking violations.
The General Government and Licensing Committee received the report (June 7, 2019) from the City Solicitor, the General Manager, Transportation Services, and the Director, Court Services, for information.
Staff recommendation as filed
The City Solicitor, the General Manager, Transportation Services, and the Director, Court Services recommend that: 1. The General Government and Licensing Committee receive this report for information.
GL6.27amended
Consideration of a Startup in Residence (STIR) Program in the City of Toronto
The purpose of this report is to respond to the General Government and Licensing Committee's direction for staff to consider developing a Startup in Residence (STIR) Program or to consider joining the existing Municipal Information Exchange program. The report further outlines and highlights innovative procurement initiatives already in progress in the City of Toronto and recommends that staff report back in the second quarter of 2020 on the assessment of the costs and benefits of implementing a STIR Program, as compared to the benefits from the existing innovative partnership and procurement programs currently being implemented. The City of Toronto is committed to making procurement faster, more flexible, more inclusive, and easier to understand. The City also aims to enable a greater diversity of firms to develop new solutions that can help the City solve pressing civic challenges. One potential solution is a STIR Program, already adopted by many cities, which would aim to assist the City in rapidly addressing civic challenges where a solution is not readily available and success is not necessarily guaranteed. To this extent, the City has already undertaken innovative procurement initiatives that produce similar benefits to a STIR Program. The Civic Innovation Office and the Purchasing and Materials Management Division (PMMD) have developed an Invitation to Partner (ITP) procurement approach. ITP was based on the STIR Program and provides an opportunity for proponents to collaborate with City staff and residents to co-create a solution to a civic challenge. In addition to the ITP, the City of Toronto supports Civic Hall Toronto, a program that strengthens the civic technology ecosystem in the Greater Toronto Area (GTA) by incubating solutions for various civic challenges through collaboration between the government and Toronto's technology community. Finally, PMMD is also implementing category management, which will leverage the City's consolidated purchasing power to find the best possible values in the marketplace and further foster innovation. As the current innovative procurement initiatives deliver similar benefits as a STIR Program, City staff require time to assess the beneficial outcomes of these procurement initiatives before further efforts and new programs are considered. Implementing a new program may hinder the progression and focus on the existing initiatives. It is therefore strongly recommended to focus City efforts on the existing innovative procurement programs through ITP and Civic Hall Toronto and that a new STIR Program be considered as a part of the 2020 Budget cycle, once these other procurement initiatives have had time to operationally mature.
The General Government and Licensing Committee: 1. Directed the Chief Information Officer, the General Manager, Economic Development and Culture, the Chief Purchasing Officer, and the Director, Civic Innovation Office to: a. review and identify the operating costs and associated benefits of implementing a permanent Startup in Residence Program for the City of Toronto or joining the Municipal Innovation Exchange or both; b. compare the benefits of the Startup in Residence Program with the benefits from the other innovative partnership and procurement programs currently being implemented in the City of Toronto; and c. report to the General Government and Licensing Committee at its meeting on October 7, 2019 with recommendations concerning whether the City of Toronto should also implement a permanent Startup in Residence Program or join the Municipal Innovation Exchange or both.
Staff recommendation as filed
The Chief Information Officer, the General Manager, Economic Development and Culture, the Chief Purchasing Officer, and the Director, Civic Innovation Office recommend that: 1. The General Government and Licensing Committee direct that the Chief Information Officer, the General Manager, Economic Development and Culture, the Chief Purchasing Officer, and the Director, Civic Innovation Office: a. review and identify the operating costs and associated benefits of implementing a permanent Startup in Residence Program for the City of Toronto or to joining the Municipal Innovation Exchange or both; b. compare the benefits of the Startup in Residence program with the benefits from the other innovative partnership and procurement programs currently being implemented in the City of Toronto; and c. report to the General Government and Licensing Committee in the second quarter of 2020 with recommendations concerning whether the City of Toronto should also implement a permanent Startup in Residence Program or join the Municipal Innovation Exchange or both.
GL6.28deferred
Feasibility of Changing the City of Toronto's Policy on Statutory Holidays
The City of Toronto's current policy on Designated Holidays and Floating Holidays and the collective agreement implementations of that policy provide for flexibility in accommodating requests by employees to observe religious days that are not among the 11 holidays designated by the City. The City's practice of allowing employees to use paid floating holidays, lieu time, applicable leaves, or other scheduling options meets the requirements of the Ontario Human Rights Code and is consistent with the approach taken by most public and private sector employers in the province.
The General Government and Licensing Committee deferred consideration of the item until the second quarter of 2020.
Staff recommendation as filed
The Executive Director, People, Equity and Human Rights recommends that: 1. The General Government and Licensing Committee receive this report for information.
GL6.29amended
Fair Wage Office - 2018 Annual Report
This report provides an overview of the activities of the Fair Wage Office for 2018.
The General Government and Licensing Committee: 1. Requested the Manager, Fair Wage Office, to include the following in their 2019 Annual Report to the General Government and Licensing Committee: a. information about the Province of Ontario's Fair Wage Policy; and b. a comparison of the City of Toronto's Fair Wage Policy with the Province of Ontario's Fair Wage Policy.
Staff recommendation as filed
The Manager, Fair Wage Office recommends that: 1. The General Government and Licensing Committee receive this report for information.
GL6.30adopted
Addition to the Records Retention By-law
Under Section 201 of the City of Toronto Act, 2006, a record of the City may be destroyed if a retention period has been established and the retention period has expired or the record is a copy of the original record. Chapter 217, Records Corporate (City), provides the legislative basis on which the retention periods for City records are authorized and Schedule A indicates the retention period for each records class. The People, Equity and Human Rights Division, as part of their transformation initiative, has requested that an authorized retention for personnel records be added to Schedule A. The bulk of the personnel files held by the City have no authorized retention period. Records dating as far back as 1910 and totalling almost 6,000 boxes continue to be stored at the Records Centre.
The General Government and Licensing Committee recommends that: 1. City Council amend Schedule A, Records Retention Schedule, in the City of Toronto Municipal Code Chapter 217, Records, Corporate (City), as outlined in Appendix 1 to the report (June 7, 2019) from the City Clerk.
Staff recommendation as filed
The City Clerk recommends that: 1. City Council amend Schedule A, Records Retention Schedule, in the City of Toronto Municipal Code Chapter 217, Records, Corporate (City), as set out in Appendix 1 to this report.
GL6.31amended
Review of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire
This report proposes amendments to the Vehicles-for-Hire By-law (the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire) related to accessibility, public safety, vehicle requirements, and limousines. It also recommends technical amendments to further improve the licensing and enforcement of the vehicle-for-hire industry. The Vehicles-for-Hire By-law came into effect in July 2016 to establish a set of rules and regulations for taxicabs, limousines, and private transportation companies such as Lyft and Uber. The By-law reset and modernized the City of Toronto's approach to regulating for-hire drivers and vehicles. It responded to the public's request for choice in regulated transportation options and provided an opportunity for the City to shift from prescriptive regulation to a risk-based licensing approach. The transition was rooted in the City's regulatory purpose of ensuring public safety and consumer protection and created the opportunity for competition. Since May 2016, staff have focused on implementing the new regulations. The implementation of the new By-law has been a large and complex undertaking that required significant business transformation, including creating digital solutions. In June 2018, the Licensing and Standards Committee considered the Work Plan for the Review of Chapter 546, Vehicles-for-Hire, thereby launching the review of the Vehicles-for-Hire By-law. Staff have since undertaken a review of the By-law and identified proposed changes to address several issues, including driver and vehicle requirements, limousine regulations, and cost to delivering accessible vehicle-for-hire service. This report proposes an accessibility strategy that includes an Accessibility Fund Program and updated By-law requirements. The Accessibility for Ontarians with Disabilities Act requires the City to take steps to ensure that equitable vehicle-for-hire service is available to all individuals. The proposed strategy responds to the 2016 City Council direction to establish an accessibility fund to collect regulatory charges from members in the industry that do not provide wheelchair accessible service and disburse these funds to wheelchair accessible taxicab owners and drivers. Staff heard from users of accessible service that the service is not always readily available and that there is sometimes inconsistent quality of service. Accessible service providers told staff that the cost of operating wheelchair accessible vehicles is higher than that of standard taxicabs and that this is due, in part, to the cost of conversion and maintenance. Higher costs, staff heard, limit the financial return that owners and drivers can expect and, as a result, act as a deterrent to having these vehicles on the road full-time. The aim of the proposed accessibility strategy is to address the higher cost of delivering accessible service, increase the availability of accessible service, and improve the consistency and quality of accessible service. In addition to the accessibility strategy, this report recommends changes to enhance public safety, including changes to driver requirements that will contribute to greater driver experience and knowledge, by increasing the minimum years of driving experience from one to three years and introducing mandatory training requirements. Finally, removing outdated limousine restrictions will provide flexibility within the industry and greater consumer choice. The proposed changes to the Vehicles-for-Hire By-law are based on research completed and feedback heard during consultations in 2018 and the beginning of 2019. Internal research included literature reviews, jurisdictional scans, stakeholder consultations, and an analysis of licensing, complaint, and enforcement data. In addition, staff hosted 18 public consultation meetings and two Accessibility Panel meetings. A Transportation Impact Study was also undertaken by Transportation Services with support from the University of Toronto's Transportation Research Institute. Municipal Licensing and Standards (MLS) also procured a consulting firm to complete an Economic Impact Study and a market research firm to complete public opinion research and focus group sessions. The outcome of this work is discussed in this report. This report was prepared in consultation with Legal Services, Economic Development and Culture, Policy, Planning, Finance and Administration, and Transportation Services.
The General Government and Licensing Committee recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, as follows: Accessibility Fund Program 1. Add a provision to create an Accessibility Fund Program that is: a. funded through regulatory charges on members of the vehicle-for-hire and private transportation company industries that do not provide City-licensed wheelchair accessible service; and b. disbursed based on service standards and eligibility criteria to City-licensed wheelchair accessible drivers and owners that are not under contract with the Toronto Transit Commission's Wheel-Trans specialized transit service. 2. Add a provision to allow the Executive Director, Municipal Licensing and Standards or their designate to establish the funding formulas for the disbursement of funds, the service standards, and the eligibility criteria for the Accessibility Fund Program. 3. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the service standards and the eligibility criteria. 4. Add a provision to state that accessible vehicle-for-hire drivers must meet the following minimum eligibility requirements for the Accessibility Fund Program: a. licensed under this chapter; b. current and valid training endorsement for accessible service; and c. declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met. 5. Add a provision to state that accessible vehicle-for-hire owners must meet the following minimum eligibility requirements for the Accessibility Fund Program: a. licensed under this chapter; b. vehicle is compliant with the Canadian Standards Association standard for wheelchair accessible vehicles; and c. declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met. 6. Add a provision to state that, to be eligible for the Accessibility Fund Program, licensed vehicle-for-hire drivers and owners must provide the following information as part of the application process: a. business licence number under this chapter; b. full name; c. mailing address; d. contact information such as phone number and e-mail address; and e. any other information as requested by the Executive Director, Municipal Licensing and Standards. 7. Add a provision that the Executive Director, Municipal Licensing and Standards may refuse or cancel funding if the accessible owner or driver does not meet the eligibility criteria or service standards as set out by the Executive Director, Municipal Licensing and Standards, if the funding was granted due to an administrative or technical error, or if the accessible owner or driver has not provided complete or accurate data or information. 8. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall provide the accessible owner or driver with written notice that consideration is being given to the refusal or cancellation of their funding application and providing the accessible owner or driver with an opportunity to respond in writing to this notice within 10 days of being notified. Municipal Licensing and Standards will then provide the accessible owner or driver with written notice of its final decision. If an accessible owner or driver's eligibility has been refused or cancelled because the owner or driver was not properly eligible or provided incomplete or inaccurate information, the accessible owner or driver will not be eligible for the Accessibility Fund Program for two years. 9. Add a provision that the Executive Director, Municipal Licensing and Standards may recover any funds disbursed in error or if the funds were disbursed based on incomplete or inaccurate information provided by the applicant. 10. Add a provision that requires, as conditions for licence renewal, that the Accessibility Fund Program regulatory charge be paid and that funds disbursed from the Accessibility Fund Program based on incomplete or inaccurate information provided by a funding applicant be repaid. 11. Add a provision to state that the Executive Director, Municipal Licensing and Standards has the authority to, at any time, recalibrate the funding formulas or prohibit the disbursement of funds to applicants based on the availability of funding. 12. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall collect regulatory charges associated with the Accessibility Fund Program at the same time as licensing fees are collected. Administration, Audit Powers, and Revocation Process of Training Programs 13. Add a provision to allow the Executive Director, Municipal Licensing and Standards to establish the mandatory components and criteria for the accreditation of training programs for all drivers licensed under this chapter. 14. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the mandatory components of training programs, criteria to accredit training programs, and a list of approved training programs. 15. Add a provision that each applicant for the certification of a training program shall provide, at minimum, the following information to the Executive Director, Municipal Licensing and Standards: a. full name of individual or business; b. mailing address; c. contact information, including phone number and e-mail address; d. the syllabus of the proposed training content; and e. any other information as requested by the Executive Director, Municipal Licensing and Standards. 16. Add a provision that the Executive Director, Municipal Licensing and Standards has the authority to audit approved training programs and request information related to the audit, as required. 17. Add a provision that, pursuant to the audit and investigation process, the Executive Director, Municipal Licensing and Standards has the authority to revoke the accreditation of training programs if: a. Municipal Licensing and Standards has reasonable grounds to believe that the training program no longer meets the requirements for inclusion on the approved list, in accordance with the mandatory components established by the Executive Director, Municipal Licensing and Standards; b. Municipal Licensing and Standards has reasonable grounds to believe that the training program is not being delivered or its officers, directors, or employees have not acted in accordance with the intent of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or if incomplete or inaccurate information has been provided; or c. Municipal Licensing and Standards has reasonable grounds to believe that the conduct of the training program or its officers, directors, or employees has resulted, or will result, in a breach of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or any other law. 18. Add a provision that vehicle-for-hire or private transportation company drivers who obtained a licence on the basis of their membership in a training program that is then removed from the City's approved list must provide proof of the successful completion of another approved training program at their licence renewal, if required by the Executive Director, Municipal Licensing and Standards. 19. Add a provision that vehicle-for-hire or private transportation company drivers who do not submit proof of the successful completion of another approved training program at their licence renewal will be deemed to no longer meet the licensing requirements under the By-law and the licence renewal application will be incomplete until proof of training is submitted. Audit and Investigative Authority of Municipal Licensing and Standards 20. Add a provision to allow for Municipal Licensing and Standards to require private transportation companies, limousine brokers, and taxicab brokers to provide records to Municipal Licensing and Standards for the purposes of investigating compliance with this chapter and for researching and undertaking accessibility reviews, transportation planning, and environmental policies or initiatives relevant to the vehicle-for-hire industry and require that records must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licencing and Standards. 21. Add a provision to require that taxicab, limousine, and private transportation company records requested by a police officer shall be provided directly to the police officer within 24 hours and records requested by Municipal Licensing and Standards shall be provided within 30 days of the receipt of the request or within 24 hours, if required by the Executive Director, Municipal Licensing and Standards. 22. Add a provision that any licence holder under the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, is guilty of an offence if they provide incomplete or inaccurate information or business records to a police officer or Municipal Licensing and Standards. Cameras 23. Delete the definition of camera. 24. Authorize the Executive Director, Municipal Licensing and Standards to establish criteria for and prohibit the use of cameras in licensed vehicles. Collision Reporting 25. Add a provision to state that private transportation companies and limousine and taxicab brokers shall record and provide collision incident information (including type of vehicle, date and time of incident, and location of incident to the nearest intersection) at a frequency that meets the satisfaction of the Executive Director, Municipal Licensing and Standards. Inspection Powers 26. Amend the inspection powers of Municipal Licensing and Standards to confirm that they extend to vehicles-for-hire. Limousine Owners 27. Add a provision that limousine owner licensing fees are waived for accessible limousine owners. 28. Add a provision that accessible service must be provided through vehicles that are in compliance with the standard for accessible vehicles outlined in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire. 29. Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a limousine, then the limousine owner shall ensure that notice stating that passengers are being or may be recorded is provided through notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards. 30. Add a provision that requires limousines to have "Watch for Bike" notices affixed to the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards. 31. Remove the requirement for limousine owners to enter into service agreements to permit them to dispatch their own limousine and/or accept service requests. A limousine owner who dispatches his or her own limousine will not be considered a limousine broker. 32. Remove the minimum fare requirement of $70 per hour for the first two hours, permit limousine owners and brokers to set rates to be charged on a flat or hourly basis, and require that a limousine owner or broker confirm that a passenger has accepted the rate before the vehicle is dispatched by sending written confirmation to the customer and maintaining records for three years. 33. Define a limousine as any accessible, stretch, or sedan limousine in respect of which a limousine owner's licence has been issued or in respect of which a licence is required under this chapter. 34. Define a sedan limousine as a non-metered vehicle that may carry a maximum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter. 35. Define a stretch limousine as a non-metered vehicle either purpose-built or modified to provide an extended seating area and carry a minimum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter. 36. Define an accessible limousine as a vehicle which is designed, used, or intended to be used to provide wheelchair accessible service and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter. 37. Amend the insurance requirements to ensure that each limousine with a seating capacity of more than seven passengers is insured under a policy of automobile insurance as required under the Public Vehicles Act. Limousine Brokers 38. Rename limousine service company to limousine broker throughout the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire. 39. Add a provision that limousine brokers shall only dispatch licensed limousines driven by individuals holding valid vehicle-for-hire driver's licences. 40. Add a provision that limousine brokers must publish business contact information online for the public. 41. Remove the stretch-to-sedan fleet ratio to allow limousine brokers to determine the appropriate type and number of licensed limousines required for their business. 42. Amend the requirements for data recorded in dispatch records to also require the following information in relation to transportation commencing or terminating in Toronto: a. pick up location and the destination (by reference to the nearest intersection); b. dates and times (by reference to the nearest minute) the trip started and terminated; c. length of time (by reference to the nearest minute) elapsing between the passenger's service request and the start of the trip; d. type of service provided such as request for accessible service; e. trip status such as completed, driver cancelled, or passenger cancelled; f. if a trip is cancelled, then the reason for cancellation; and g. the assigned driver's licence number and unique identification number used by the brokerage (if any). 43. Add a provision that data recorded in dispatch records must be produced within 30 days and in a format that is satisfactory to the Executive Director, Municipal Licencing and Standards and that a limousine broker is required to maintain the records for a minimum of three years. Private Transportation Companies 44. Add a provision that requires private transportation companies to impose a mandatory training program on all drivers affiliated with the private transportation company. The training program must satisfactorily meet the criteria established by the Executive Director, Municipal Licensing and Standards or their designate. 45. Add a provision that states that all private transportation company drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device when the private transportation company driver is available on the private transportation company software application. 46. Add a provision to state and confirm that drivers who provide accessible service for private transportation companies must be licensed under this chapter and meet all conditions of licensing, including the successful completion of an accessible training program. 47. Add a provision that requires every private transportation company driver to be civil and well-behaved. 48. Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a private transportation company vehicle, then the private transportation company and private transportation company driver shall ensure that notice stating that passengers are being or may be recorded is provided through: a. the software application prior to the passenger accepting the request; and/or b. a notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards. 49. Authorize the Executive Director, Municipal Licensing and Standards to sign the Data Sharing Agreement and Indemnification Agreement for private transportation companies on behalf of the City of Toronto. 50. Add a provision that requires private transportation companies and private transportation company drivers to notify passengers to look for cyclists before exiting a vehicle through: a. the software application by sending push notifications at a frequency that is satisfactory to the Executive Director, Municipal Licensing and Standards; and b. "Watch for Bike" notices in the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards. 51. Amend the private transportation company driver requirements so that the private transportation company, when submitting an application for the issuance or renewal of a private transportation company driver's licence on a behalf of an individual, shall also be required to submit information on the fuel type of the vehicle that will be driven by that individual when licensed as a private transportation company driver. 52. Add a provision prohibiting a private transportation company from allowing vehicles that have the same colour scheme that is already in use by a taxicab brokerage and prohibit a private transportation company driver from using such vehicle. 53. Amend the provision that requires all private transportation company drivers to carry and, upon request, produce to Municipal Licensing and Standards their Ontario driver's licence by requiring that private transportation company drivers carry and produce upon request satisfactory government-issued identification. 54. Amend the private transportation company record keeping requirements to ensure all information on time or length of trip is measured by reference to the nearest minute and by adding requirements that private transportation companies keep records of: a. the starting and ending times for each period that a private transportation company driver was available to provide transportation services through the platform, en route to pick up a passenger after accepting a request, and delivering transportation service to a passenger; b. wait time of passengers, in accordance with Period 2 in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire; c. number of cancelled/rejected trips; d. reason for cancelled/rejected trips; e. volume of private transportation company vehicles available to provide service on the private transportation company platform in any particular hour and with reference to a particular geographic area within which the private transportation company vehicle was available or provided service; f. pick up and drop-off data for every trip, measured to the nearest 10 metres; g. aggregate number of vehicles that have completed a trip by hour; and h. anonymized trip and passenger identification that meets the satisfaction of the Executive Director, Municipal Licensing and Standards. 55. Amend the private transportation company driver requirements: a. remove the minimum requirement of 18 years of age; b. increase the year of driving history from one year to three years for new applicants and grandfather existing private transportation company driver's licence holders; c. require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and d. require existing private transportation company driver's licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020. 56. Amend the accessible requirements of private transportation companies to confirm that accessible service must be provided through vehicles that are in compliance with the Canadian Standards Association standard for wheelchair accessible vehicles. Taxicab Bill of Rights 57. Amend the Taxicab Bill of Rights to include a section that states that taxicab drivers cannot refuse service to an individual with a mobility or non-mobility disability, where service can be accommodated, and cannot refuse service to an individual being accompanied by a service animal by reason only of the presence of a service animal. Snow Tires 58. Rename snow tires to winter tires and add a definition of winter tires to mean a tire that meets the standards and specifications prescribed for winter tires by the Executive Director, Municipal Licensing and Standards, including tires that are labelled "M" and "S," the minimum requirement for mud and snow/all-season tires. Taxicab Broker 59. Add a provision that any records brokerages are required to collect must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licensing and Standards and that a taxicab broker is required to maintain all such records for a minimum of three years. 60. Amend the requirements for trip record data to be kept by taxicab brokers to require the collection of the following information: a. pick up location and the destination (by reference to the nearest intersection); b. dates and times (by reference to the nearest minute) that each trip started and terminated; c. length of time (by reference to the nearest minute) elapsing between the passenger's service request and the start of the trip; d. type of service provided such as request for accessible service; e. trip status such as completed, driver cancelled, or passenger cancelled; f. if a trip is cancelled, then the reason for cancellation; and g. the licence number for each taxicab affiliated with the brokerage that provided the trip. 61. Amend the requirements for brokerages to maintain records to require the collection of the following information: a. the vehicle-for-hire driver's licence number, unique identification number used by the brokerage (if any) for each vehicle-for-hire driver, and the driver's first and last name for each driver affiliated with the brokerage; and b. the termination date, the driver's first and last name, the licence number, and the termination letter when a driver is no longer affiliated with the brokerage. 62. Add a provision requiring the collection of accessible taxicab trip data for the purposes of the administration of the Accessibility Fund Program to include: a. plate number, licence number, start date, start time, end date, and end time for each taxicab trip; b. type of point-of-sale terminal in each taxicab, including whether or not it allows for cordless payment; and c. driver's first and last name and licence number for each taxicab trip. Taxicab Owners 63. Add a provision to require that a vehicle be registered with Municipal Licensing and Standards for use as a taxicab as a condition of renewing a taxicab owner licence. 64. Remove the provisions regarding designated agents in order to clarify the role of a taxicab operator and ensure that the only individuals permitted to manage taxicabs on behalf of taxicab owners will be licensed as taxicab operators. 65. Amend the section on required equipment and markings for taxicabs to authorize the Executive Director, Municipal Licensing and Standards to approve the manner and location of "Watch for Bike" notices. 66. Amend the section on designated custodians for corporations that hold standard taxicab owner licences to require that they designate a director as custodian, instead of an employee or officer. Taxicab Rates and Fares 67. Remove "on request" from the section on flat fares and airport fares and require drivers/owners to offer the flat rate to the airport. 68. Add a provision to prohibit vehicle-for-hire drivers, taxicab owners, and brokers from setting rates higher than the tariff (metered rate) for accessible service requests. Toronto Licensing Tribunal 69. Amend the powers of the Toronto Licensing Tribunal to confirm that it has the power to refuse to issue a licence, as outlined in its mandate. Vehicle-for-Hire Driver 70. Add a provision that states that all drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device while operating their vehicle. 71. Add a provision that all vehicle-for-hire drivers shall carry and, upon request, produce satisfactory government-issued identification to Municipal Licensing and Standards. 72. Remove the section which prohibits a vehicle-for-hire driver from parking on any highway except at a location designated and marked as a taxicab stand by an authorized sign, as this is covered under the City of Toronto Municipal Code Chapter 950, Traffic and Parking. 73. Remove the word "first" from the restrictions on taxicabs refusing services in order to confirm that short-fare refusals are not permitted for any prospective passengers. 74. Amend the vehicle-for-hire driver requirements: a. remove the minimum requirement of 18 years of age; b. increase the year of driving history from one year to three years for new applicants and grandfather existing vehicle-for-hire driver's licence holders; c. require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and d. require existing vehicle-for-hire driver's licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020. 75. Amend the section on civility and oversight of taxicabs and limousines to remove the requirements to be properly dressed, neat and clean in person, and maintain that drivers shall be civil and well-behaved. 76. Amend the data required to be kept in an operator log to include break start date and time, break end date and time, and taxicab type such as non-accessible or accessible. Vehicle Requirements and Inspections 77. Remove the definitions for alternative fuel vehicle, combined fuel consumption rating, exhaust emissions, full useful life emission bin, hybrid vehicle, and low-emission vehicle. 78. Amend the section on replacement vehicles to remove the requirement for replacement taxicab vehicles to be either accessible or alternative fuel, hybrid, or low-emission vehicles. 79. Amend the section on mechanical inspections to require that all vehicles-for-hire are inspected prior to delivering for-hire service with a new vehicle and, thereafter, once every 12 months. Status Updates 2. City Council direct the Executive Director, Municipal Licensing and Standards to review and provide a status update on the vehicle-for-hire Accessibility Fund Program and work completed to create an environmental incentive program two years after the enactment of this By-law. Collision Reporting Incident Form 3. City Council request the Ontario Ministry of Transportation to review the provincial collision reporting incident form and add taxicab, limousine, and private transportation company vehicles as vehicle types. Fees 4. City Council amend the City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 12, Municipal Licensing and Standards as follows: 1. Amend the "Service" category to state "Vehicle-for-Hire (VFH) Licensing" instead of "Taxi and Livery Licensing." 2. Add the regulatory charges noted below in Table A - Regulatory Charges for the Accessibility Fund Program, including an annual adjustment based on the Consumer Price Index. Table A - Regulatory Charges for the Accessibility Fund Program Service Fee Description Category Fee Basis Fee Annual Adjustment VFH Licensing Taxicab Brokerage Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $250.64 Yes VFH Licensing Limousine Brokerage Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $250.64 Yes VFH Licensing Limousine Owner Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Private Transportation Company Reserve Fund - Accessibility Fund Regulatory Charge Per Trip $0.10 Yes VFH Licensing Private Transportation Company Driver Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $7.23 Yes VFH Licensing Standard Taxicab Operator Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Non-Accessible Standard Taxicab Owner Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Vehicle-for-Hire Driver Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $62.66 Yes 3. Remove Reference Number 20 - Re-scheduling an exam or course before it starts and Reference Number 25 - Registration for the Accessible Taxicab Driver Training Course. 4. Amend the fees listed below in Table B - Vehicle-for-Hire Licensing Fees to include an annual adjustment based on the Consumer Price Index. Table B - Vehicle-for-Hire Licensing Fees Service Fee Description Category Fee Basis Fee Annual Adjustment VFH Licensing Application Fee: Taxicab Operator Full Cost Recovery Per Application $500 Yes VFH Licensing Renewal Fee: Taxicab Operator Full Cost Recovery Per Application $300 Yes VFH Licensing Application Fee: Private Transportation Company Full Cost Recovery Per Application $20,000 Yes VFH Licensing Annual Private Transportation Company Fee Per Driver Full Cost Recovery Per Application $15 Yes VFH Licensing Private Transportation Company Fee Per Trip Full Cost Recovery Per Trip $0.30 Yes VFH Licensing Application Fee: Vehicle-for-Hire Driver Full Cost Recovery Per Application $130 Yes VFH Licensing Renewal Fee: Vehicle-for-Hire Driver Full Cost Recovery Per Application $130 Yes Reserve Fund 5. City Council establish a new Vehicle-for-Hire Reserve Fund as a Corporate Discretionary Reserve Fund to provide funding for initiatives associated with accessibility, transportation planning, or environmental goals relevant to the vehicle-for-hire and private transportation company industries and to minimize the impact of reliance on vehicle-for-hire and private transportation company licensing revenue for Municipal Licensing and Standards' Operating Budget, in accordance with the criteria outlined in Attachment 6 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards, by: 1. Amending the City of Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, by adding the "Vehicle-for-Hire Reserve Fund" to Schedule 7, Corporate Discretionary Reserve Funds, with the criteria outlined in Attachment 6 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards; 2. Funding the Vehicle-for-Hire Reserve Fund in an initial amount of $6.093 million from an in-year adjustment of the 2019 Operating Budget of Municipal Licensing and Standards and, afterwards, with budgeted allocations from vehicle-for-hire and private transportation company licensing, including regulatory charges on licensees that do not provide wheelchair accessible vehicle-for-hire services. Such that: a. for 2019, there will be a net zero expenditure and revenue budget adjustment comprised of a contribution to the reserve fund of $6,093,000, offset by an increase in vehicle-for-hire user fees (including private transportation company trip fees) of $6,093,000. The contribution to the new reserve fund would be dependent on sufficient actual user fee revenue being generated; and b. for 2020 and subsequent years, reserve funding and user fee budgets will be considered as part of the annual budget process and will be structured as outlined in the Financial Impact section of the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards. 3. Establishing a minimum targeted reserve balance of $5 million; and 4. Establishing Municipal Licensing and Standards as the primary owner of the account. Implementation 6. City Council direct the General Manager, Transportation Services to consider the results of the Transportation Impact Study, as outlined in Attachment 4 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards, as part of the update on the Congestion Management Plan. 7. City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards to make such technical and stylistic amendments to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, and the City of Toronto Municipal Code Chapter 441, Fees and Charges, as required to give effect to City Council's decision. 8. City Council direct the Executive Director, Municipal Licensing and Standards to apply to the Ontario Court of Justice for any new set fines or to review and increase, as required, the current set fines. 9. City Council direct that the changes to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, come into force on January 1, 2020.
Staff recommendation as filed
The Executive Director, Municipal Licensing and Standards recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, as follows: Accessibility Fund Program 1. Add a provision to create an Accessibility Fund Program that is: a. funded through regulatory charges on members of the vehicle-for-hire and private transportation company industries that do not provide City-licensed wheelchair accessible service; and b. disbursed based on service standards and eligibility criteria to City-licensed wheelchair accessible drivers and owners that are not under contract with the Toronto Transit Commission's Wheel-Trans specialized transit service. 2. Add a provision to allow the Executive Director, Municipal Licensing and Standards or their designate to establish the funding formulas for the disbursement of funds, the service standards, and the eligibility criteria for the Accessibility Fund Program. 3. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the service standards and the eligibility criteria. 4. Add a provision to state that accessible vehicle-for-hire drivers must meet the following minimum eligibility requirements for the Accessibility Fund Program: a. licensed under this chapter; b. current and valid training endorsement for accessible service; and c. declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met. 5. Add a provision to state that accessible vehicle-for-hire owners must meet the following minimum eligibility requirements for the Accessibility Fund Program: a. licensed under this chapter; b. vehicle is compliant with the Canadian Standards Association standard for wheelchair accessible vehicles; and c. declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met. 6. Add a provision to state that, to be eligible for the Accessibility Fund Program, licensed vehicle-for-hire drivers and owners must provide the following information as part of the application process: a. business licence number under this chapter; b. full name; c. mailing address; d. contact information such as phone number and e-mail address; and e. any other information as requested by the Executive Director, Municipal Licensing and Standards. 7. Add a provision that the Executive Director, Municipal Licensing and Standards may refuse or cancel funding if the accessible owner or driver does not meet the eligibility criteria or service standards as set out by the Executive Director, Municipal Licensing and Standards, if the funding was granted due to an administrative or technical error, or if the accessible owner or driver has not provided complete or accurate data or information. 8. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall provide the accessible owner or driver with written notice that consideration is being given to the refusal or cancellation of their funding application and providing the accessible owner or driver with an opportunity to respond in writing to this notice within 10 days of being notified. Municipal Licensing and Standards will then provide the accessible owner or driver with written notice of its final decision. If an accessible owner or driver's eligibility has been refused or cancelled because the owner or driver was not properly eligible or provided incomplete or inaccurate information, the accessible owner or driver will not be eligible for the Accessibility Fund Program for two years. 9. Add a provision that the Executive Director, Municipal Licensing and Standards may recover any funds disbursed in error or if the funds were disbursed based on incomplete or inaccurate information provided by the applicant. 10. Add a provision that requires, as conditions for licence renewal, that the Accessibility Fund Program regulatory charge be paid and that funds disbursed from the Accessibility Fund Program based on incomplete or inaccurate information provided by a funding applicant be repaid. 11. Add a provision to state that the Executive Director, Municipal Licensing and Standards has the authority to, at any time, recalibrate the funding formulas or prohibit the disbursement of funds to applicants based on the availability of funding. 12. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall collect regulatory charges associated with the Accessibility Fund Program at the same time as licensing fees are collected. Administration, Audit Powers, and Revocation Process of Training Programs 13. Add a provision to allow the Executive Director, Municipal Licensing and Standards to establish the mandatory components and criteria for the accreditation of training programs for all drivers licensed under this chapter. 14. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the mandatory components of training programs, criteria to accredit training programs, and a list of approved training programs. 15. Add a provision that each applicant for the certification of a training program shall provide, at minimum, the following information to the Executive Director, Municipal Licensing and Standards: a. full name of individual or business; b. mailing address; c. contact information including phone number and e-mail address; d. the syllabus of the proposed training content; and e. any other information as requested by the Executive Director, Municipal Licensing and Standards. 16. Add a provision that the Executive Director, Municipal Licensing and Standards has the authority to audit approved training programs and request information related to the audit, as required. 17. Add a provision that, pursuant to the audit and investigation process, the Executive Director, Municipal Licensing and Standards has the authority to revoke the accreditation of training programs if: a. Municipal Licensing and Standards has reasonable grounds to believe that the training program no longer meets the requirements for inclusion on the approved list, in accordance with the mandatory components established by the Executive Director, Municipal Licensing and Standards; b. Municipal Licensing and Standards has reasonable grounds to believe the training program is not being delivered or its officers, directors, or employees have not acted in accordance with the intent of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or if incomplete or inaccurate information has been provided; or c. Municipal Licensing and Standards has reasonable grounds to believe that the conduct of the training program or its officers, directors, or employees has resulted, or will result, in a breach of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or any other law. 18. Add a provision that vehicle-for-hire or private transportation company drivers who obtained a licence on the basis of their membership in a training program that is then removed from the City's approved list must provide proof of the successful completion of another approved training program at their licence renewal, if required by the Executive Director, Municipal Licensing and Standards. 19. Add a provision that vehicle-for-hire or private transportation company drivers who do not submit proof of the successful completion of another approved training program at their licence renewal will be deemed to no longer meet the licensing requirements under the By-law and the licence renewal application will be incomplete until proof of training is submitted. Audit and Investigative Authority of Municipal Licensing and Standards 20. Add a provision to allow for Municipal Licensing and Standards to require private transportation companies, limousine brokers, and taxicab brokers to provide records to Municipal Licensing and Standards for the purposes of investigating compliance with this chapter and for researching and undertaking accessibility reviews, transportation planning, and environmental policies or initiatives relevant to the vehicle-for-hire industry and require that records must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licencing and Standards. 21. Add a provision to require that taxicab, limousine, and private transportation company records requested by a police officer shall be provided directly to the police officer within 24 hours and records requested by Municipal Licensing and Standards shall be provided within 30 days of the receipt of the request or within 24 hours, if required by the Executive Director, Municipal Licensing and Standards. 22. Add a provision that any licence holder under the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, is guilty of an offence if they provide incomplete or inaccurate information or business records to a police officer or Municipal Licensing and Standards. Cameras 23. Delete the definition of camera. 24. Authorize the Executive Director, Municipal Licensing and Standards to establish criteria for and prohibit the use of cameras in licensed vehicles. Collision Reporting 25. Add a provision to state that private transportation companies and limousine and taxicab brokers shall record and provide collision incident information (including type of vehicle, date and time of incident, and location of incident to the nearest intersection) at a frequency that meets the satisfaction of the Executive Director, Municipal Licensing and Standards. Inspection Powers 26. Amend the inspection powers of Municipal Licensing and Standards to confirm that they extend to vehicles-for-hire. Limousine Owners 27. Add a provision that limousine owner licensing fees are waived for accessible limousine owners. 28. Add a provision that accessible service must be provided through vehicles that are in compliance with the standard for accessible vehicles set out in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire. 29. Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a limousine, then the limousine owner shall ensure that notice stating that passengers are being or may be recorded is provided through notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards. 30. Add a provision that requires limousines to have "Watch for Bike" notices affixed to the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards. 31. Remove the requirement for limousine owners to enter into service agreements to permit them to dispatch their own limousine and/or accept service requests. A limousine owner who dispatches his or her own limousine will not be considered a limousine broker. 32. Remove the minimum fare requirement of $70 per hour for the first two hours, permit limousine owners and brokers to set rates to be charged on a flat or hourly basis, and require that a limousine owner or broker confirm that a passenger has accepted the rate before the vehicle is dispatched by sending written confirmation to the customer and maintaining records for three years. 33. Define a limousine as any accessible, stretch, or sedan limousine in respect of which a limousine owner's licence has been issued or in respect of which a licence is required under this chapter. 34. Define a sedan limousine as a non-metered vehicle that may carry a maximum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter. 35. Define a stretch limousine as a non-metered vehicle either purpose-built or modified to provide an extended seating area and carry a minimum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required, to be licensed under this chapter. 36. Define an accessible limousine as a vehicle which is designed, used, or intended to be used to provide wheelchair accessible service and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter. 37. Amend the insurance requirements to ensure that each limousine with a seating capacity of more than seven passengers is insured under a policy of automobile insurance as required under the Public Vehicles Act. Limousine Brokers 38. Rename limousine service company to limousine broker throughout the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire. 39. Add a provision that limousine brokers shall only dispatch licensed limousines driven by individuals holding valid vehicle-for-hire driver licences. 40. Add a provision that limousine brokers must publish business contact information online for the public. 41. Remove the stretch-to-sedan fleet ratio to allow limousine brokers to determine the appropriate type and number of licensed limousines required for their business. 42. Amend the requirements for data recorded in dispatch records to also require the following information in relation to transportation commencing or terminating in Toronto: a. pick up location and the destination (by reference to the nearest intersection); b. dates and times the trip started and terminated; c. length of time elapsing between the passenger's service request and the start of the trip; d. type of service provided such as request for accessible service; e. trip status such as completed, driver cancelled, or passenger cancelled; f. if a trip is cancelled, then the reason for cancellation; and g. the assigned driver licence number and unique identification number used by the brokerage (if any). 43. Add a provision that data recorded in dispatch records must be produced within 30 days and in a format that is satisfactory to the Executive Director, Municipal Licencing and Standards and that a limousine broker is required to maintain the records for a minimum of three years. Private Transportation Companies 44. Add a provision that requires private transportation companies to impose a mandatory training program on all drivers affiliated with the private transportation company. The training program must satisfactorily meet the criteria established by the Executive Director, Municipal Licensing and Standards or their designate. 45. Add a provision that states that all private transportation company drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device when the private transportation company driver is available on the private transportation company software application. 46. Add a provision to state and confirm that drivers who provide accessible service for private transportation companies must be licensed under this chapter and meet all conditions of licensing, including the successful completion of an accessible training program. 47. Add a provision that requires every private transportation company driver to be civil and well-behaved. 48. Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a private transportation company vehicle, then the private transportation company and private transportation company driver shall ensure that notice stating that passengers are being or may be recorded is provided through: a. the software application prior to the passenger accepting the request; and/or b. a notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards. 49. Authorize the Executive Director, Municipal Licensing and Standards to sign the Data Sharing Agreement and Indemnification Agreement for private transportation companies on behalf of the City of Toronto. 50. Add a provision that requires private transportation companies and private transportation company drivers to notify passengers to look for cyclists before exiting a vehicle through: a. the software application by sending push notifications at a frequency that is satisfactory to the Executive Director, Municipal Licensing and Standards; and b. "Watch for Bike" notices in the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards. 51. Amend the private transportation company driver requirements so that the private transportation company, when submitting an application for the issuance or renewal of a private transportation company driver's licence on a behalf of an individual, shall also be required to submit information on the fuel type of the vehicle that will be driven by that individual when licensed as a private transportation company driver. 52. Add a provision prohibiting a private transportation company from allowing vehicles that have the same colour scheme that is already in use by a taxicab brokerage and prohibit a private transportation company driver from using such vehicle. 53. Amend the provision that requires all private transportation company drivers to carry and, upon request, produce to Municipal Licensing and Standards their Ontario driver's licence by requiring that private transportation company drivers carry and produce upon request satisfactory government-issued identification. 54. Amend the private transportation company record keeping requirements to ensure all information on time or length of trip is measured by reference to the nearest minute and by adding requirements that private transportation companies keep records of: a. the starting and ending times for each period that a private transportation company driver was available to provide transportation services through the platform, en route to pick up a passenger after accepting a request, and delivering transportation service to a passenger; b. wait time of passengers, in accordance with Period 2 in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire; c. number of cancelled/rejected trips; d. reason for cancelled/rejected trips; e. volume of private transportation company vehicles available to provide service on the private transportation company platform in any particular hour and with reference to a particular geographic area within which the private transportation company vehicle was available or provided service; f. pick up and drop-off data for every trip, measured to the nearest 10 metres; g. aggregate number of vehicles that have completed a trip by hour; and h. anonymized trip and passenger identification that meets the satisfaction of the Executive Director, Municipal Licensing and Standards. 55. Amend the private transportation company driver requirements: a. remove the minimum requirement of 18 years of age; b. increase the year of driving history from one year to three years for new applicants and grandfather existing private transportation company driver licence holders; c. require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and d. require existing private transportation company driver licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020. 56. Amend the accessible requirements of private transportation companies to confirm that accessible service must be provided through vehicles that are in compliance with the Canadian Standards Association standard for wheelchair accessible vehicles. Taxicab Bill of Rights 57. Amend the Taxicab Bill of Rights to include a section that states that taxicab drivers cannot refuse service to an individual with a mobility or non-mobility disability, where service can be accommodated, and cannot refuse service to an individual being accompanied by a service animal by reason only of the presence of a service animal. Snow Tires 58. Rename snow tires to winter tires and add a definition of winter tires to mean a tire that meets the standards and specifications prescribed for winter tires by the Executive Director, Municipal Licensing and Standards, including tires that are labelled "M" and "S," the minimum requirement for mud and snow/all-season tires. Taxicab Broker 59. Add a provision that any records brokerages are required to collect must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licensing and Standards and that a taxicab broker is required to maintain all such records for a minimum of three years. 60. Amend the requirements for trip record data to be kept by taxicab brokers to require the collection of the following information: a. pick up location and the destination (by reference to the nearest intersection); b. dates and times (by reference to the nearest minute) that each trip started and terminated; c. length of time (by reference to the nearest minute) elapsing between the passenger's service request and the start of the trip; d. type of service provided, such as request for accessible service; e. trip status such as completed, driver cancelled, or passenger cancelled; f. if a trip is cancelled, then the reason for cancellation; and g. the licence number for each taxicab affiliated with the brokerage that provided the trip. 61. Amend the requirements for brokerages to maintain records to require the collection of the following information: a. the vehicle-for-hire driver's licence number, unique identification number used by the brokerage (if any) for each vehicle-for-hire driver, and the driver's first and last name for each driver affiliated with the brokerage; and b. the termination date, the driver's first and last name, the licence number, and the termination letter when a driver is no longer affiliated with the brokerage. 62. Add a provision requiring the collection of accessible taxicab trip data for the purposes of the administration of the Accessibility Fund Program to include: a. plate number, licence number, start date, start time, end date, and end time for each taxicab trip; b. type of point-of-sale terminal in each taxicab, including whether or not it allows for cordless payment; and c. driver's first and last name and licence number for each taxicab trip. Taxicab Owners 63. Add a provision to require that a vehicle be registered with Municipal Licensing and Standards for use as a taxicab as a condition of renewing a taxicab owner licence. 64. Remove the provisions regarding designated agents in order to clarify the role of a taxicab operator and ensure that the only individuals permitted to manage taxicabs on behalf of taxicab owners will be licensed as taxicab operators. 65. Amend the section on required equipment and markings for taxicabs to authorize the Executive Director, Municipal Licensing and Standards to approve the manner and location of "Watch for Bike" notices. 66. Amend the section on designated custodians for corporations that hold standard taxicab owner licences to require that they designate a director as custodian, instead of an employee or officer. Taxicab Rates and Fares 67. Remove "on request" from the section on flat fares and airport fares and require drivers/owners to offer the flat rate to the airport. 68. Add a provision to prohibit vehicle-for-hire drivers, taxicab owners, and brokers from setting rates higher than the tariff (metered rate) for accessible service requests. Toronto Licensing Tribunal 69. Amend the powers of the Toronto Licensing Tribunal to confirm that it has the power to refuse to issue a licence, as set out in its mandate. Vehicle-for-Hire Driver 70. Add a provision that states that all drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device while operating their vehicle. 71. Add a provision that all vehicle-for-hire drivers shall carry and, upon request, produce satisfactory government-issued identification to Municipal Licensing and Standards. 72. Remove the section which prohibits a vehicle-for-hire driver from parking on any highway except at a location designated and marked as a taxicab stand by an authorized sign, as this is covered under the City of Toronto Municipal Code Chapter 950, Traffic and Parking. 73. Remove the word "first" from the restrictions on taxicabs refusing services in order to confirm that short-fare refusals are not permitted for any prospective passengers. 74. Amend the vehicle-for-hire driver requirements: a. remove the minimum requirement of 18 years of age; b. increase the year of driving history from one year to three years for new applicants and grandfather existing vehicle-for-hire driver licence holders; c. require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and d. require existing vehicle-for-hire driver licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020. 75. Amend the section on civility and oversight of taxicabs and limousines to remove the requirements to be properly dressed, neat and clean in person, and maintain that drivers shall be civil and well-behaved. 76. Amend the data required to be kept in an operator log to include break start date and time, break end date and time, and taxicab type such as non-accessible or accessible. Vehicle Requirements and Inspections 77. Remove the definitions for alternative fuel vehicle, combined fuel consumption rating, exhaust emissions, full useful life emission bin, hybrid vehicle, and low-emission vehicle. 78. Amend the section on replacement vehicles to remove the requirement for replacement taxicab vehicles to be either accessible or alternative fuel, hybrid, or low-emission vehicles. 79. Amend the section on mechanical inspections to require that all vehicles-for-hire are inspected prior to delivering for-hire service with a new vehicle and, thereafter, once every 12 months. Status Updates 2. City Council direct the Executive Director, Municipal Licensing and Standards to review and provide a status update on the vehicle-for-hire Accessibility Fund Program and work completed to create an environmental incentive program two years after the enactment of this By-law. Collision Reporting Incident Form 3. City Council request the Ontario Ministry of Transportation to review the provincial collision reporting incident form and add taxicab, limousine, and private transportation company vehicles as vehicle types. Fees 4. City Council amend the City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 12, Municipal Licensing and Standards as follows: 1. Amend the "Service" category to state "Vehicle-for-Hire (VFH) Licensing" instead of "Taxi and Livery Licensing." 2. Add the regulatory charges noted below in Table A - Regulatory Charges for the Accessibility Fund Program, including an annual adjustment based on the Consumer Price Index. Table A - Regulatory Charges for the Accessibility Fund Program Service Fee Description Category Fee Basis Fee Annual Adjustment VFH Licensing Taxicab Brokerage Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $250.64 Yes VFH Licensing Limousine Brokerage Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $250.64 Yes VFH Licensing Limousine Owner Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Private Transportation Company Reserve Fund - Accessibility Fund Regulatory Charge Per Trip $0.10 Yes VFH Licensing Private Transportation Company Driver Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $7.23 Yes VFH Licensing Standard Taxicab Operator Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Non-Accessible Standard Taxicab Owner Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Vehicle-for-Hire Driver Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $62.66 Yes 3. Remove Reference Number 20 - Re-scheduling an exam or course before it starts and Reference Number 25 - Registration for the Accessible Taxicab Driver Training Course. 4. Amend the fees listed below in Table B - Vehicle-for-Hire Licensing Fees to include an annual adjustment based on the Consumer Price Index. Table B - Vehicle-for-Hire Licensing Fees Service Fee Description Category Fee Basis Fee Annual Adjustment VFH Licensing Application Fee: Taxicab Operator Full Cost Recovery Per Application $500 Yes VFH Licensing Renewal Fee: Taxicab Operator Full Cost Recovery Per Application $300 Yes VFH Licensing Application Fee: Private Transportation Company Full Cost Recovery Per Application $20,000 Yes VFH Licensing Annual Private Transportation Company Fee Per Driver Full Cost Recovery Per Application $15 Yes VFH Licensing Private Transportation Company Fee Per Trip Full Cost Recovery Per Trip $0.30 Yes VFH Licensing Application Fee: Vehicle-for-Hire Driver Full Cost Recovery Per Application $130 Yes VFH Licensing Renewal Fee: Vehicle-for-Hire Driver Full Cost Recovery Per Application $130 Yes Reserve Fund 5. City Council establish a new Vehicle-for-Hire Reserve Fund as a Corporate Discretionary Reserve Fund to provide funding for initiatives associated with accessibility, transportation planning, or environmental goals relevant to the vehicle-for-hire and private transportation company industries and to minimize the impact of reliance on vehicle-for-hire and private transportation company licensing revenue for Municipal Licensing and Standards' Operating Budget, in accordance with the criteria set out in Attachment 6 by: 1. Amending the City of Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, by adding the "Vehicle-for-Hire Reserve Fund" to Schedule 7, Corporate Discretionary Reserve Funds, with criteria as set out in Attachment 6; 2. Funding the Vehicle-for-Hire Reserve Fund in an initial amount of $6.093 million from an in-year adjustment of the 2019 Operating Budget of Municipal Licensing and Standards and, afterwards, with budgeted allocations from vehicle-for-hire and private transportation company licensing, including regulatory charges on licensees that do not provide wheelchair accessible vehicle-for-hire services. Such that: a. for 2019, there will be a net zero expenditure and revenue budget adjustment comprised of a contribution to the reserve fund of $6,093,000, offset by an increase in vehicle-for-hire user fees (including private transportation company trip fees) of $6,093,000. The contribution to the new reserve fund would be dependent on sufficient actual user fee revenue being generated; and b. for 2020 and subsequent years, reserve funding and user fee budgets will be considered as part of the annual budget process and will be structured as indicated in the Financial Impact section of this report. 3. Establishing a minimum targeted reserve balance of $5 million; and 4. Establishing Municipal Licensing and Standards as the primary owner of the account. Implementation 6. City Council direct the General Manager, Transportation Services to consider the results of the Transportation Impact Study as part of the update on the Congestion Management Plan. 7. City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards to make such technical and stylistic amendments to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, and the City of Toronto Municipal Code Chapter 441, Fees and Charges, as required to give effect to City Council's decision. 8. City Council direct the Executive Director, Municipal Licensing and Standards to apply to the Ontario Court of Justice for any new set fines or to review and increase, as required, the current set fines. 9. City Council direct that the changes to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, come into force on January 1, 2020.
GL6.32adopted
The General Government and Licensing Committee will introduce and enact a Confirmatory Bill for this meeting.
The General Government and Licensing Committee passed a Confirmatory Bill as By-law 992-2019.