General Government and Licensing Committee
The full agenda, as filed
All 22 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.
GL8.1amended
Fleet Services Division Overview
The General Manager, Fleet Services, will give a presentation on Fleet Services Division Overview.
The General Government and Licensing Committee: 1. Requested the General Manager, Fleet Services, to report annually to the General Government and Licensing Committee on the City of Toronto's fleet availability and utilization rates.
GL8.2adopted
This report seeks authority to amend the By-law governing the Metropolitan Toronto Pension Plan (Metro Plan) to add the Ontario Municipal Employees Retirement System (OMERS) provision for annual Consumer Price Index (CPI)-linked inflation adjustments, immediately prior to the merger of the Metro Plan with the OMERS Plan under the Pension Transfer Agreement (PTA) between OMERS and the City of Toronto. The PTA requires that Metro Plan members, following a merger with the OMERS Plan, continue to receive their existing benefits and, in addition, become entitled to the same automatic CPI-linked annual adjustment as is provided to all OMERS Plan pensioners. The Metro 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 Corporation of the City of York Employee Pension Plan (York Plan) indicates that the consent of the Superintendent of Financial Services (the Superintendent) will be conditional upon enacting this indexing amendment to the Metro Plan.
The General Government and Licensing Committee recommends that: 1. City Council amend By-law 159-2018, as amended, governing the Metropolitan Toronto Pension 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 amend By-law 159-2018, as amended, governing the Metropolitan Toronto Pension 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.
GL8.3adopted
The Corporation of the City of York Employee Pension Plan - Termination/Wind-Up
This report seeks authority from Council to terminate The Corporation of the City of York Employee Pension Plan (York Plan) and distribute the assets remaining following the January 8, 2019 merger of the York Plan with the Ontario Municipal Employees Retirement System (OMERS) (remaining assets).
The General Government and Licensing Committee recommends that: 1. City Council approve the termination of The Corporation of the City of York Employee Pension Plan (the Plan), outlined in Schedule A attached to By-law 1428-2017, as amended, governing the Plan. 2. City Council authorize the City Solicitor, following the distribution of The Corporation of the City of York Employee Pension Plan's remaining assets in accordance with the decision of the York Plan Committee on June 19, 2019, to introduce a Bill to repeal By-law 1428-2017, as amended.
Staff recommendation as filed
The Controller recommends that: 1. City Council approve the termination of The Corporation of the City of York Employee Pension Plan (the Plan), outlined in Schedule A attached to By-law 1428-2017, as amended, governing the Plan. 2. City Council authorize the City Solicitor, following the distribution of The Corporation of the City of York Employee Pension Plan's remaining assets in accordance with the decision of the York Plan Committee on June 19, 2019, to introduce a Bill to repeal By-law 1428-2017, as amended.
GL8.4adopted
On April 26, 27, and 28, 2017, City Council authorized the initiation of expropriation proceedings for the orphaned lane at the rear of 8 Cumberland Street to complete the public lane running north from Yorkville Avenue south to Cumberland Street. Following the Stage 1 authorization, Notices of Application were served and no Hearing of Necessity was requested. This Stage 2 report seeks approval from City Council, as approving authority under the Expropriations Act, to expropriate the property. The property requirements are shown as Part 1 on Plan 66R-30919 attached as Appendix B. Following approval of this report and Expropriation By-law, an Expropriation Plan will be registered and notices served in accordance with the Expropriations Act.
The General Government and Licensing Committee recommends that: 1. City Council, as approving authority under the Expropriations Act, approve the expropriation of the lands known municipally as the lane running north/south between the properties at 2 and 8 Cumberland Street, legally described as Part of Lot 21, Concession 2, From the Bay, Township of York, Part 2 on Plan 63R-686, City of Toronto, being all of Property Identification Number 21197-0156(R) and identified as Part 1 on 66R-30919 in Appendix B to the report (September 20, 2019) from the Executive Director, Corporate Real Estate Management, for municipal purposes, including the construction of a new public lane. 2. City Council authorize the City of Toronto, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and service of Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession. 3. City Council authorize the Executive Director, Corporate Real Estate Management, to obtain an appraisal report to determine the market value of the property referenced in Recommendation 1 and to prepare and serve offers of compensation in accordance with the requirements of the Expropriations Act. 4. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (September 20, 2019) from the Executive Director, Corporate Real Estate Management, once there has been a final determination of all claims and compensation payable for the property referenced in Recommendation 1 by arbitration, appeal, or settlement to the satisfaction of the City Solicitor.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management recommends that: 1. City Council, as approving authority under the Expropriations Act, approve the expropriation of the lands known municipally as the lane running north/south between the properties at 2 and 8 Cumberland Street, legally described as Part of Lot 21, Concession 2, From the Bay, Township of York, Part 2 on Plan 63R-686, City of Toronto, being all of Property Identification Number 21197-0156(R) and identified as Part 1 on 66R-30919 in Appendix B, for municipal purposes, including the construction of a new public lane. 2. City Council authorize the City of Toronto, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and service of Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession. 3. City Council authorize the Executive Director, Corporate Real Estate Management, to obtain an appraisal report to determine the market value of the property referenced in Recommendation 1 and to prepare and serve offers of compensation in accordance with the requirements of the Expropriations Act. 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 and compensation payable for the property referenced in Recommendation 1 by arbitration, appeal, or settlement to the satisfaction of the City Solicitor.
GL8.5adopted
Expropriation of 300 Commissioners Street for the Future Broadview Avenue Extension Project
On July 23, 2018, City Council authorized the initiation of expropriation proceedings for the leasehold interest at the property municipally known as 300 Commissioners Street (the Property Interests) for the purpose of the future Broadview Avenue Extension Project. This Stage 2 report seeks approval from City Council, as approving authority under the Expropriations Act, to expropriate the Property Interests, as legally described in Appendix A and depicted in Appendix B. Following approval of this report and Expropriation By-law, an Expropriation Plan will be registered and Notices of Expropriation will be served. Statutory offers of compensation will be served prior to the City taking possession of the expropriated Property Interests.
The General Government and Licensing Committee recommends that: 1. City Council, as approving authority under the Expropriations Act, approve the expropriation of the leasehold interest in 300 Commissioners Street, as legally described in Appendix A (the Property Interests) and depicted on the location map in Appendix B to the report (September 20, 2019) from the Executive Director, Corporate Real Estate Management. 2. City Council authorize CreateTO, which manages the lands under the ownership of the Toronto Economic Development Corporation, to transfer to the City of Toronto for nominal consideration such part or parts of 300 Commissioners Street as may be required by the City, such transfer to occur at such time as the City requests, with the City to provide a minimum of one year's prior notice to the Toronto Economic Development Corporation of its requirement for part or parts of 300 Commissioners Street to be transferred. 3. City Council authorize the City of Toronto, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and service of Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession for the Property Interests as legally described in Appendix A to the report (September 20, 2019) from the Executive Director, Corporate Real Estate Management. 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 the Property Interests as legally described in Appendix A to the report (September 20, 2019) from the Executive Director, Corporate Real Estate Management, to the satisfaction of the City Solicitor.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management recommends that: 1. City Council, as approving authority under the Expropriations Act, approve the expropriation of the leasehold interest in 300 Commissioners Street, as legally described in Appendix A (the Property Interests) and depicted on the location map in Appendix B. 2. City Council authorize CreateTO, which manages the lands under the ownership of the Toronto Economic Development Corporation (TEDCO), to transfer to the City of Toronto for nominal consideration such part or parts of 300 Commissioners Street as may be required by the City, such transfer to occur at such time as the City requests, with the City to provide a minimum of one year's prior notice to TEDCO of its requirement for part or parts of 300 Commissioners Street to be transferred. 3. City Council authorize the City of Toronto, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and service of Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession 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 the Property Interests to the satisfaction of the City Solicitor.
GL8.6adopted
On June 24, 2019, City Council authorized the Director, Real Estate Services, to provide an information report to the General Government and Licensing Committee outlining the Toronto Transit Commission (TTC) Second Exit and Fire Ventilation Upgrade Project and Easier Access Phase III Project (the Projects) Plan, its deliverables, and funding requirements. The Project Plan (see Appendix A) outlines all the subway stations completed to date for the Projects, as well as a listing of all subway stations that are still required to be completed. This report outlines a preliminary list, where possible, of the property requirements together with an estimated property acquisition and timeline for when the property acquisitions will be required. It also provides City Council with details of the Projects' funding requirements.
The General Government and Licensing Committee recommends that: 1. City Council direct that the confidential information contained in Confidential Attachment 1 to the report (October 3, 2019) from the Executive Director, Corporate Real Estate Management, remain confidential in its entirety, as it pertains to a proposed or pending acquisition of land by the City of Toronto or one of its agencies or corporations.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management recommends that: 1. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it pertains to a proposed or pending acquisition of land by the City of Toronto or one of its agencies or corporations.
GL8.7adopted
Transfer of 2530 Gerrard Street East to Build Toronto Inc.
CreateTO, through Build Toronto Inc., (CreateTO) has jurisdiction over 15.5 acres of land near the southeast corner of Victoria Park Avenue and Gerrard Street East (the CreateTO Property). The City owns 2530 Gerrard Street East, a triangular piece of land situated adjacent to the CreateTO Property comprising 4.4 acres (the City Property). The CreateTO Property and the City Property are collectively referred to as the Property. Portions of the Property were historically used as a landfill and, as a result, are contaminated. In 2016, CreateTO obtained approval of an Official Plan Amendment (OPA 288), Rezoning, and Draft Plan of Subdivision for the Property and authorization for the transfer of the City Property to Build Toronto Inc. (Build Toronto) in accordance with OPA 288 and the eventual reconveyance of a portion of the Property back to the City for park purposes (the Proposed Park). Subsequently, it was determined that the development concept for the Property should be revised, including the relocation of the Proposed Park. This revised development concept will require further Official Plan and Zoning By-law Amendments. A developer has agreed to acquire the property and redevelop the land as a new community with affordable housing and the Proposed Park and is prepared to go through the time, expense, and risk of obtaining these required planning amendments if they can first acquire the land. Given that the development concept has changed since City Council approved the transfer of the City Property to Build Toronto, staff are seeking confirmation from City Council before proceeding with the transfer to Build Toronto. Further, while CreateTO and the developer will remediate the Proposed Park, which is contaminated (as is the City Property), staff are seeking City Council approval to accept the transfer of the Proposed Park, as it will not comply with the City's Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act.
The General Government and Licensing Committee recommends that: 1. City Council authorize the City of Toronto (the City) to enter into one or more transfer agreements with Build Toronto Inc. (Build Toronto) or a subsidiary of Build Toronto to transfer the property municipally known as 2530 Gerrard Street East (the City Property), as described in Attachment 3, in one or more transactions, including any related agreements, but excluding the portion of the City Property shown in Attachment 4 as "Land to Remain with the City as Park", substantially on the terms and conditions in Attachments 5 and 6 to the report (September 27, 2019) from the Deputy City Manager, Corporate Services, and on such other and amended terms and conditions as may be approved by the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor. 2. City Council authorize the City of Toronto to enter into a parkland reconveyance agreement substantially on the terms and conditions in Attachment 7 to the report (September 27, 2019) from the Deputy City Manager, Corporate Services, in a form satisfactory to the City Solicitor, notwithstanding that portions of the parkland reconveyed will not comply with the City of Toronto's Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act. 3. City Council grant authority to fund the City of Toronto's expenses related to the transfer of the Proposed Park to the City which are not the responsibility of Build Toronto from Corporate Real Estate Management's Council Approved Operating Budget funded from the Land Acquisition Reserve Fund (XR1012), with appropriate adjustments to Corporate Real Estate Management's Council Approved Operating Budget, as necessary, through subsequent quarterly variance reports. 4. City Council authorize the Deputy City Manager, Corporate Services, to execute any further transactions required to complete the transactions authorized in the report (September 27, 2019) from the Deputy City Manager, Corporate Services, on behalf of the City of Toronto, including the execution of any required consents, approvals, or permissions. 5. City Council authorize the City Solicitor to complete the transactions provided for in the report (September 27, 2019) from the Deputy City Manager, Corporate Services, on behalf of the City of Toronto, including making payments of any necessary expenses, amending the closing and other dates, and amending or waiving terms and conditions, as the City Solicitor may from time to time consider reasonable.
Staff recommendation as filed
The Deputy City Manager, Corporate Services recommends that: 1. City Council authorize the City of Toronto (the City) to enter into one or more transfer agreements with Build Toronto Inc. (Build Toronto) or a subsidiary of Build Toronto to transfer the property municipally known as 2530 Gerrard Street East (the City Property), as described in Attachment 3, in one or more transactions, including any related agreements, but excluding the portion of the City Property shown in Attachment 4 as "Land to Remain with the City as Park", substantially on the terms and conditions set out in Attachments 5 and 6 and on such other and amended terms and conditions as may be approved by the Deputy City Manager, Corporate Services, and in a form satisfactory to the City Solicitor. 2. City Council authorize the City of Toronto to enter into a parkland reconveyance agreement substantially on the terms and conditions set out in Attachment 7, in a form satisfactory to the City Solicitor, notwithstanding that portions of the parkland reconveyed will not comply with the City of Toronto's Policy for Accepting Potentially Contaminated Lands to be Conveyed to the City under the Planning Act. 3. City Council grant authority to fund the City of Toronto's expenses related to the transfer of the Proposed Park to the City which are not the responsibility of Build Toronto from Corporate Real Estate Management's Council Approved Operating Budget funded from the Land Acquisition Reserve Fund (XR1012), with appropriate adjustments to Corporate Real Estate Management's Council Approved Operating Budget, as necessary, through subsequent Quarterly Variance Reports. 4. City Council authorize the Deputy City Manager, Corporate Services, to execute any further transaction required to complete the transactions authorized in this report on behalf of the City of Toronto, including the execution of any required consents, approvals, or permissions. 5. City Council authorize the City Solicitor to complete the transactions provided for in this report on behalf of the City of Toronto, including making payment of any necessary expenses, amending the closing and other dates, and amending or waiving terms and conditions, as the City Solicitor may from time to time consider reasonable.
GL8.8adopted
This report provides an update on Fire and Life Safety initiatives at the City of Toronto (the City), including a third-party audit of Fire and Life Safety records to assess compliance and the development of a consistent, City-wide approach to Fire and Life Safety. In 2019, the City hired third-party vendors to complete an audit of Fire and Life Safety documentation at City facilities and to report back on findings, including corrective actions. The results of the third-party audit confirmed previously-identified issues with records and contract management and also demonstrated that documentation compliance has been improving through 2019. While the safety of the building stock and the occupants have not been compromised, the City has been exposed to an unacceptable risk due to poor recordkeeping by unregulated contractors. As a result of subsequent investigations and quality assurance initiatives, the City has terminated contracts with three vendors and is in the process of suspending these vendors from bidding on City contracts for five years. These audit findings reinforce the need to establish a centralized, City-wide approach to Fire and Life Safety, which will reduce risk to the City and also align with the centralization of real estate and facilities services through the City-Wide Real Estate Transformation. The City has made substantial progress towards developing this centralized approach, including key initiatives to implement compliance tracking software, the development of standard operating procedures, the creation of a Master Fire Plan and associated training, and the procurement of new Fire and Life Safety services. These initiatives are complete or on track for implementation in late 2019 or early 2020. To advance progress on these initiatives, this report also recommends the award of a non-competitive contract to Building Reports Canada in the amount of $1,530,000 net of all applicable taxes and charges ($1,556,928 net of Harmonized Sales Tax recoveries) for the provision of Fire and Life Safety tracking and compliance software for a term of five years. To ensure the implementation and sustainment of the City-wide approach to Fire and Life Safety, a Fire and Life Safety Program Office (Program Office) has been established with input from City stakeholders and industry experts. This report outlines the Program Office's key functions and work plan through 2022, in an effort to increase compliance with the Ontario Fire Code across City facilities.
The General Government and Licensing Committee recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management, to negotiate and execute a non-competitive contract with Building Reports Canada for the provision of Fire and Life Safety tracking and compliance software for an initial term of five years from the effective date of the contract in the total amount of $1,530,000 net of all applicable taxes and charges ($1,556,928 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management, and the City Solicitor. 2. City Council request all City of Toronto agencies and corporations to submit information, on annual basis, about the completeness of required Fire and Life Safety inspections, testing, and maintenance to the Executive Director, Corporate Real Estate Management.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management, and the Chief Purchasing Officer recommend that: 1. City Council authorize the Executive Director, Corporate Real Estate Management, to negotiate and execute a non-competitive contract with Building Reports Canada for the provision of Fire and Life Safety tracking and compliance software for an initial term of five years from the effective date of the contract in the total amount of $1,530,000 net of all applicable taxes and charges ($1,556,928 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management, and the City Solicitor. 2. City Council request all City of Toronto agencies and corporations to submit information, on annual basis, about the completeness of required Fire and Life Safety inspections, testing, and maintenance to the Executive Director, Corporate Real Estate Management.
GL8.9adopted
Corporate Real Estate Management is completing a project that will improve Albert Campbell Square. The scope of work includes the installation of a splash pad, playground, and other public realm enhancements. Following a competitive tender process, the City of Toronto (the City) issued a Purchase Order for $2,773,000 to DPSL Group Limited on June 19, 2017. Following the issuance of the Purchase Order, and shortly after construction started, two significant challenges were encountered which delayed the project and drove additional costs. These two challenges are related to: (1) the structural safety of the underground parking structure located below the new playground, and (2) engineering redesign of the site servicing and drainage systems. The purpose of this report is to request authority to amend Purchase Order Number 6045166 issued to DPSL Group Limited for construction services for the Albert Campbell Square Expansion Project located at the Scarborough Civic Centre (150 Borough Drive). The total Purchase Order Amendment being requested is for an additional amount of $400,000 net of all applicable taxes and charges ($407,040 net of Harmonized Sales Tax recoveries), revising the value from $3,273,000 to $3,673,000 net of all applicable taxes and charges ($3,737,645 net of Harmonized Sales Tax recoveries). Construction of the project is currently progressing well and expected to be completed in December 2019. All challenges have been resolved and the approval of the requested amendment will allow the City to bring the construction to completion.
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 6045166 issued to DPSL Group Limited to provide continuity of construction services for the Albert Campbell Square Expansion Project by an additional amount of $400,000 net of all applicable taxes and charges ($407,040 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $3,273,000 to $3,673,000 net of all applicable taxes and charges ($3,737,645 net of Harmonized Sales Tax recoveries).
Staff recommendation as filed
The Executive Director, Corporate Real Estate 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 6045166 issued to DPSL Group Limited to provide continuity of construction services for the Albert Campbell Square Expansion Project by an additional amount of $400,000 net of all applicable taxes and charges ($407,040 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $3,273,000 to $3,673,000 net of all applicable taxes and charges ($3,737,645 net of Harmonized Sales Tax recoveries).
GL8.10adopted
The purpose of this report is to seek authority to amend Purchase Order Number 6045978 to Phoenix Restoration Inc. as a result of Tender Number 234-2017 for the restoration of the perimeter wall at Casa Loma. The total Purchase Order Amendment being requested is for an additional amount of $350,000 net of applicable taxes and charges ($356,160 net of HST recoveries). This recommended amendment is to include additional scope to deal with unforeseen conditions and safety issues. For example, the foundations of the perimeter wall at the stables required extensive repairs and rebuilding and the balcony on the south terrace of the main castle required complete dismantling and the installation of a temporary wall.
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 6045978 issued to Phoenix Restoration Inc. to complete the additional work related to the unforeseen conditions of the restoration of the perimeter wall at Casa Loma by an additional amount of $350,000 net of all applicable taxes and charges ($356,160 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $2,660,900 to $3,010,900 net of all applicable taxes and charges ($3,063,892 net of Harmonized Sales Tax recoveries), as per the original terms and conditions set out in Tender Number 234-2017.
Staff recommendation as filed
The General Manager, Economic Development and Culture, 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 6045978 issued to Phoenix Restoration Inc. to complete the additional work related to the unforeseen conditions of the restoration of the perimeter wall at Casa Loma by an additional amount of $350,000 net of all applicable taxes and charges ($356,160 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $2,660,900 to $3,010,900 net of all applicable taxes and charges ($3,063,892 net of Harmonized Sales Tax recoveries), as per the original terms and conditions set out in Tender Number 234-2017.
GL8.11adopted
The purpose of this report is to request authority to amend three Purchase Orders directly relating to the Canoe Landing Construction Project as follows: Purchase Order Number 6041177, issued to ZAS Architects Inc. for the provision of full architectural services, by an additional amount of $232,590 net of all applicable taxes and charges ($236,684 net of HST recoveries), revising the current Purchase Order value from $2,945,718 net of all applicable taxes and charges ($2,997,563 net of HST recoveries) to $3,178,308 net of all applicable taxes and charges ($3,234,246 net of HST recoveries). The purpose of the amendment is required to pay for architectural services for five additional months and additional design work as a result of the labour disruption on site which delayed the construction schedule. Purchase Order Number 6041005, issued to Colliers Project Leaders Inc. (formerly MHPM Project Managers Inc.) for the provision of project management services, by an additional amount of $93,960 net of all applicable taxes and charges ($95,614 net of HST recoveries), revising the contract value from $1,599,050 net of all applicable taxes and charges ($1,627,193 net of HST recoveries) to $1,693,010 net of all taxes ($1,722,807 net of HST recoveries). The purpose of the amendment is required to pay for project management services for four additional months as a result of the labour disruption on site which delayed the construction schedule. Purchase Order Number 6045340, issued to Atlas Corporation/Buttcon Ltd. Joint Venture for the provision of construction services, by an additional amount of $629,078 net of all applicable taxes and charges ($640,150 net of HST recoveries), revising the contract value from $66,549,635 net of all applicable taxes and charges ($67,720,909 net of HST recoveries) to $67,178,713 net of all taxes ($68,361,058 net of HST recoveries). The amendment is required to pay for additional work associated with the community centre, community space, public art, and the playground landscape changes. The work is anticipated to be substantially completed in the spring of 2020.
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 6041177 issued to ZAS Architects Inc. for the provision of full architectural services, in accordance with the requirements in Request for Proposal 9118-13-7218, by an additional amount of $232,590 net of all applicable taxes and charges ($236,684 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $2,945,718 net of all applicable taxes and charges ($2,997,563 net of Harmonized Sales Tax recoveries) to $3,178,308 net of all applicable taxes and charges ($3,234,246 net of Harmonized Sales Tax recoveries). 2. 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 6041005 issued to Colliers Project Leaders Inc. for the provision of project management services, in accordance with the requirements in Request for Proposal 9119-14-7037, by an additional amount of $93,960 net of all applicable taxes and charges ($95,614 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $1,599,050 net of all applicable taxes and charges ($1,627,193 net of Harmonized Sales Tax recoveries) to $1,693,010 net of all applicable taxes and charges ($1,722,807 net of Harmonized Sales Tax recoveries). 3. 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 6045340 issued to The Buttcon Limited/The Atlas Corporation, as set out in Tender Number 1-2017, by $629,078 net of all applicable taxes and charges ($640,150 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $66,549,635 net of all applicable taxes and charges ($67,720,909 net of Harmonized Sales Tax recoveries) to $67,178,713 net of all applicable taxes and charges ($68,361,058 net of Harmonized Sales Tax recoveries).
Staff recommendation as filed
The General Manager, Parks, Forestry and Recreation, 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 6041177 issued to ZAS Architects Inc. for the provision of full architectural services, in accordance with the requirements in Request for Proposal 9118-13-7218, by an additional amount of $232,590 net of all applicable taxes and charges ($236,684 net of Harmonized Sales Tax recoveries), revising the current Purchase Order value from $2,945,718 net of all applicable taxes and charges ($2,997,563 net of Harmonized Sales Tax recoveries) to $3,178,308 net of all applicable taxes and charges ($3,234,246 net of Harmonized Sales Tax recoveries). 2. 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 6041005 issued to Colliers Project Leaders Inc. for the provision of project management services, in accordance with the requirements in Request for Proposal 9119-14-7037, by an additional amount of $93,960 net of all applicable taxes and charges ($95,614 net of Harmonized Sales Tax recoveries), revising the contract value from $1,599,050 net of all applicable taxes and charges ($1,627,193 net of Harmonized Sales Tax recoveries) to $1,693,010 net of all applicable taxes and charges ($1,722,807 net of Harmonized Sales Tax recoveries). 3. 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 6045340 issued to Atlas Corporation/Buttcon Ltd. Joint Venture, as set out in Tender Number 1-2017, by $629,078 net of all applicable taxes and charges ($640,150 net of Harmonized Sales Tax recoveries), revising the contract value from $66,549,635 net of all applicable taxes and charges ($67,720,909 net of Harmonized Sales Tax recoveries) to $67,178,713 net of all applicable taxes and charges ($68,361,058 net of Harmonized Sales Tax recoveries).
GL8.12adopted
The purpose of this report is to request authorization for Corporate Real Estate Management to negotiate and enter into a non-competitive contract with Siemens Canada Limited (Siemens) to furnish all labour, materials, equipment, and supervision for the upgrades of the existing Apogee building automation system at Metro Hall, located at 55 John Street, in the amount of $988,553 net of Harmonized Sales Tax ($1,005,952 net of Harmonized Sales Tax recoveries). A building automation system is a centralized, networked system of electronic hardware and software that controls and monitors a building's facility systems, including but not limited to heating, ventilation and air conditioning, and lighting. Siemens is the sole authorized manufacturer, supplier, and service provider of the Apogee building automation system. Siemens also does not license intellectual property such as software diagnostics and diagnostic tools used in the maintenance, service, and troubleshooting of the Apogee building automation system to other parties. City Council approval is required in accordance with the City of Toronto Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five-year commitment limit for each vendor under Article 7, Section 195-7.3(D) of the Purchasing By-law or exceeds the threshold of $500,000 net of Harmonized Sales Tax allowed under staff authority, as per the City of Toronto Municipal Code Chapter 71, Financial Control, Section 71-11A.
The General Government and Licensing Committee recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management, to negotiate and execute a non-competitive contract with Siemens Canada Limited to furnish all labour, materials, equipment, and supervision for the upgrades of the existing Apogee building automation system at Metro Hall, located at 55 John Street, in the amount of $988,553 net of Harmonized Sales Tax ($1,005,952 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The Executive Director, Corporate Real Estate Management, and the Chief Purchasing Officer recommend that: 1. City Council authorize the Executive Director, Corporate Real Estate Management, to negotiate and execute a non-competitive contract with Siemens Canada Limited to furnish all labour, materials, equipment, and supervision for the upgrades of the existing Apogee building automation system at Metro Hall, located at 55 John Street, in the amount of $988,553 net of Harmonized Sales Tax ($1,005,952 net of Harmonized Sales Tax recoveries), on terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor.
GL8.13adopted
The purpose of this report is to seek City Council authority for the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with FST Canada Inc., operating as Joe Johnson Equipment, for the supply and delivery to the City of Toronto (City) of proprietary Original Equipment Manufacturer (OEM) parts and specialized services for Labrie, Vactor, Elgin, Trackless, Epoke, and Madvac equipment repair and maintenance. The contract will be for a period of one year commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods at the sole discretion of the City and subject to budget approvals for the total contract amount of $1,781,842 net of HST ($1,813,202 net of HST recoveries), inclusive of all option renewal years. City Council approval is required in accordance with Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five-year commitment limit for each vendor under Article 7, Section 195-7.3(D) of the Purchasing By-law or exceeds the threshold of $500,000 net of HST allowed under staff authority, as per the Toronto Municipal Code Chapter 71, Financial Control, Section 71-11A.
The General Government and Licensing Committee recommends that: 1. City Council authorize the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Joe Johnson Equipment for the supply and delivery to the City of Toronto of Original Equipment Manufacturer parts and specialized services for Labrie, Vactor, Elgin, Trackless, Epoke, and Madvac equipment repair and maintenance on the following terms and conditions: a. the initial term of the contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods, subject to the exercise of each option year being at the sole discretion of the General Manager, Fleet Services, and subject to the amounts payable under the contract being available in the current Fleet Services Division budget approval(s). The amount of this non-competitive contract is $1,781,842 net of Harmonized Sales Tax ($1,813,202 net of Harmonized Sales Tax recoveries) for the entire duration of the contract, inclusive of all option renewal years; b. the contract will be based on the condition that Joe Johnson Equipment continues to be the exclusive distributor for the proprietary Original Equipment Manufacturer parts and specialized services for Labrie, Vactor, Elgin, Trackless, Epoke, and Madvac equipment; and c. on other terms and conditions satisfactory to the General Manager, Fleet Services, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The General Manager, Fleet Services, and the Chief Purchasing Officer recommend that: 1. City Council authorize the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Joe Johnson Equipment for the supply and delivery to the City of Toronto of Original Equipment Manufacturer parts and specialized services for Labrie, Vactor, Elgin, Trackless, Epoke, and Madvac equipment repair and maintenance on the following terms and conditions: a. the initial term of the contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods, subject to the exercise of each option year being at the sole discretion of the General Manager, Fleet Services, and subject to the amounts payable under the contract being available under the current Fleet Services Division budget approval(s). The amount of this non-competitive contract is $1,781,842 net of Harmonized Sales Tax ($1,813,202 net of Harmonized Sales Tax recoveries) for the entire duration of the contract, inclusive of all option renewal years; b. the contract will be based on the condition that Joe Johnson Equipment continues to be the exclusive distributor for the proprietary Original Equipment Manufacturer parts and specialized services for Labrie, Vactor, Elgin, Trackless, Epoke, and Madvac equipment; and c. on other terms and conditions satisfactory to the General Manager, Fleet Services, and in a form satisfactory to the City Solicitor.
GL8.14adopted
The purpose of this report is to seek City Council authority for the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Strongco Limited Partnership for the supply and delivery to the City of Toronto (City) of proprietary Original Equipment Manufacturer (OEM) parts and specialized services for Volvo, Case, and Terex equipment repair and maintenance. The contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods at the sole discretion of the City and subject to budget approvals for the total contract amount of $9,432,631 net of HST ($9,598,645 net of HST recoveries), inclusive of all option renewal years. City Council approval is required in accordance with Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five-year commitment limit for each vendor under Article 7, Section 195-7.3(D) of the Purchasing By-law or exceeds the threshold of $500,000 net of HST allowed under staff authority, as per the Toronto Municipal Code Chapter 71, Financial Control, Section 71-11A.
The General Government and Licensing Committee recommends that: 1. City Council authorize the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Strongco Limited Partnership for the supply and delivery to the City of Toronto of Original Equipment Manufacturer parts and specialized services for Volvo, Case, and Terex equipment repair and maintenance on the following terms and conditions: a. the initial term of the contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods, subject to the exercise of each option year being at the sole discretion of the General Manager, Fleet Services, and subject to the amounts payable under the contract being available in the current Fleet Services Division budget approval(s). The amount of this non-competitive contract is $9,432,631 net of Harmonized Sales Tax ($9,598,645 net of Harmonized Sales Tax recoveries) for the entire duration of the contract, inclusive of all option renewal years; b. the contract will be based on the condition that Strongco Limited Partnership continues to be the exclusive distributor for the proprietary Original Equipment Manufacturer parts and specialized services for Volvo, Case, and Terex equipment; and c. on other terms and conditions satisfactory to the General Manager, Fleet Services, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The General Manager, Fleet Services, and the Chief Purchasing Officer recommend that: 1. City Council authorize the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Strongco Limited Partnership for the supply and delivery to the City of Toronto of Original Equipment Manufacturer parts and specialized services for Volvo, Case, and Terex equipment repair and maintenance on the following terms and conditions: a. the initial term of the contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods, subject to the exercise of each option year being at the sole discretion of the General Manager, Fleet Services, and subject to the amounts payable under the contract being available under the current Fleet Services Division budget approval(s). The amount of this non-competitive contract is $9,432,631 net of Harmonized Sales Tax ($9,598,645 net of Harmonized Sales Tax recoveries) for the entire duration of the contract, inclusive of all option renewal years; b. the contract will be based on the condition that Strongco Limited Partnership continues to be the exclusive distributor for the proprietary Original Equipment Manufacturer parts and specialized services for Volvo, Case, and Terex equipment; and c. on terms and conditions satisfactory to the General Manager, Fleet Services, and in a form satisfactory to the City Solicitor.
GL8.15adopted
The purpose of this report is to seek City Council authority for the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Toromont Industries Ltd., operating as Toromont CAT, a division of Toromont Industries (Toromont), for the supply and delivery to the City of Toronto (City) of proprietary Original Equipment Manufacturer (OEM) parts and specialized services for Caterpillar equipment repair and maintenance. The contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods at the sole discretion of the City and subject to budget approvals for the total contract amount of $993,663 net of HST ($1,011,151 net of HST recoveries), inclusive of all option renewal years. City Council approval is required in accordance with Municipal Code Chapter 195, Purchasing, where the current request exceeds the Chief Purchasing Officer's authority of the cumulative five-year commitment limit for each vendor under Article 7, Section 195-7.3(D) of the Purchasing By-law or exceeds the threshold of $500,000 net of HST allowed under staff authority, as per the Toronto Municipal Code Chapter 71, Financial Control, Section 71-11A.
The General Government and Licensing Committee recommends that: 1. City Council authorize the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Toromont Industries Ltd. for the supply and delivery to the City of Toronto of Original Equipment Manufacturer parts and specialized services for Caterpillar equipment repair and maintenance on the following terms and conditions: a. the initial term of the contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods, subject to the exercise of each option year being at the sole discretion of the General Manager, Fleet Services, and subject to the amounts payable under the contract being available in the current Fleet Services Division budget approval(s). The amount of this non-competitive contract is $993,663 net of Harmonized Sales Tax ($1,011,151 net of Harmonized Sales Tax recoveries) for the entire duration of the contract, inclusive of all option renewal years; b. the contract will be based on the condition that Toromont Industries Ltd. continues to be the exclusive distributor for the proprietary Original Equipment Manufacturer parts and specialized services for Caterpillar equipment; and c. on other terms and conditions satisfactory to the General Manager, Fleet Services, and in a form satisfactory to the City Solicitor.
Staff recommendation as filed
The General Manager, Fleet Services, and the Chief Purchasing Officer recommend that: 1. City Council authorize the General Manager, Fleet Services, to negotiate and enter into a non-competitive contract with Toromont Industries Ltd. (Toromont) for the supply and delivery to the City of Toronto of Original Equipment Manufacturer parts and specialized services for Caterpillar equipment repair and maintenance on the following terms and conditions: a. the initial term of the contract will be for a period of one year, commencing on November 1, 2019 to October 31, 2020, with the option to renew the contract for four additional one-year periods, subject to the exercise of each option year being at the sole discretion of the General Manager, Fleet Services, and subject to the amounts payable under the contract being available under the current Fleet Services Division budget approval(s). The amount of this non-competitive contract is $993,663 net of Harmonized Sales Tax ($1,011,151 net of Harmonized Sales Tax recoveries) for the entire duration of the contract, inclusive of all option renewal years; b. the contract will be based on the condition that Toromont continues to be the exclusive distributor for the proprietary Original Equipment Manufacturer parts and specialized services for Caterpillar equipment; and c. on other terms and conditions satisfactory to the General Manager, Fleet Services, and in a form satisfactory to the City Solicitor.
GL8.16adopted
The Pathway to Sustainable City of Toronto Fleets (henceforth referred to as the Plan) is an overview of a five-year plan for City fleets to address climate mitigation and adaptation with strategies for transitioning City fleets to sustainable, climate resilient, low-carbon operations. This Plan is a continuation of the work undertaken with the Consolidated Green Fleet Plan (2014-2018) with an expanded scope. Through the 2014-2018 Plan, City Fleets have already surpassed the City's 2020 emissions reduction target of 30 percent.
The General Government and Licensing Committee recommends that: 1. City Council adopt The Pathway to Sustainable City of Toronto Fleets Plan in Attachment 1 to the report (September 19, 2019) from the General Manager, Fleet Services, which supersedes all previous City of Toronto Green Fleet Plans, as the framework to achieve the following goal and three objectives: a. Goal: Sustainable, climate resilient, low-carbon City fleets; b. Objective 1: Transition 45 percent of City-owned fleet to low-carbon vehicles by 2030; c. Objective 2: 65 percent greenhouse gas reduction by 2030 (from 1990 levels); and d. Objective 3: 80 percent greenhouse gas reduction by 2050 (from 1990 levels). 2. City Council direct the General Manager, Fleet Services, to: a. coordinate the implementation of The Pathway to Sustainable City of Toronto Fleets Plan, in consultation with Management staff of other City of Toronto fleets; b. track the progress made in achieving the established objectives and report regularly as part of TransformTO City-wide progress reports and updates; and c. provide a comprehensive report on The Pathway to Sustainable City of Toronto Fleets Plan progress and a Plan update every four years, with the first one to be delivered in the second quarter of 2023. 3. City Council direct the General Manager, Fleet Services, to include $0.123 million for The Pathway to Sustainable City of Toronto Fleets Plan in the 2020 Operating Budget of Fleet Services for consideration amongst all other priorities. 4. City Council direct the General Manager, Fleet Services, to include $9.291 million for The Pathway to Sustainable City of Toronto Fleets Plan in the 2020-2029 Capital Plan of Fleet Services for consideration amongst all other priorities. 5. City Council delegate to the General Manager, Fleet Services, authority to negotiate, execute, and amend, as and when necessary, any agreements necessary to give effect to the implementation of The Pathway to Sustainable City of Toronto Fleets Plan, on terms and conditions satisfactory to the General Manager, Fleet Services, and the City Solicitor. 6. City Council direct the Fire Chief and General Manager, Toronto Fire Services, and the Chief, Toronto Paramedic Services, to direct their staff to actively participate in the implementation of The Pathway to Sustainable City of Toronto Fleets Plan. 7. City Council request the Exhibition Place Board of Governors, the Toronto Community Housing Board of Directors, the Toronto Parking Authority Board of Directors, the Toronto Police Services Board, the Toronto Public Library Board, the Toronto Transit Commission Board, and the Toronto Zoo Board of Management to adopt and implement The Pathway to Sustainable City of Toronto Fleets Plan.
Staff recommendation as filed
The General Manager, Fleet Services recommends that: 1. City Council adopt The Pathway to Sustainable City of Toronto Fleets Plan in Attachment 1, which supersedes all previous City of Toronto Green Fleet Plans, as the framework to achieve the following goal and three objectives: a. Goal: Sustainable, climate resilient, low-carbon City fleets; b. Objective 1: Transition 45 percent of City-owned fleet to low-carbon vehicles by 2030; c. Objective 2: 65 percent greenhouse gas reduction by 2030 (from 1990 levels); and d. Objective 3: 80 percent greenhouse gas reduction by 2050 (from 1990 levels). 2. City Council direct the General Manager, Fleet Services, to: a. coordinate the implementation of The Pathway to Sustainable City of Toronto Fleets Plan, in consultation with Management staff of other City of Toronto fleets; b. track the progress made in achieving the established objectives and report regularly as part of TransformTO City-wide progress reports and updates; and c. provide a comprehensive report on The Pathway to Sustainable City of Toronto Fleets Plan progress and a Plan update every four years, with the first one to be delivered in the second quarter of 2023. 3. City Council direct the General Manager, Fleet Services, to include $0.123 million for The Pathway to Sustainable City of Toronto Fleets Plan in the 2020 Operating Budget of Fleet Services for consideration amongst all other priorities. 4. City Council direct the General Manager, Fleet Services, to include $9.291 million for The Pathway to Sustainable City of Toronto Fleets Plan in the 2020-2029 Capital Plan of Fleet Services for consideration amongst all other priorities. 5. City Council delegate to the General Manager, Fleet Services, authority to negotiate, execute, and amend, as and when necessary, any agreements necessary to give effect to the implementation of The Pathway to Sustainable City of Toronto Fleets Plan, on terms and conditions satisfactory to the General Manager, Fleet Services, and the City Solicitor. 6. City Council direct the Fire Chief and General Manager, Toronto Fire Services, and the Chief, Toronto Paramedic Services, to direct their staff to actively participate in the implementation of The Pathway to Sustainable City of Toronto Fleets Plan. 7. City Council request the Toronto Transit Commission Board, the Toronto Police Services Board, the Toronto Community Housing Board of Directors, the Exhibition Place Board of Governors, the Toronto Zoo Board of Management, the Toronto Parking Authority Board of Directors, and the Toronto Public Library Board to adopt and implement The Pathway to Sustainable City of Toronto Fleets Plan.
GL8.17adopted
Standing Authority for City Solicitor to Execute Tolling Agreements
This report is to clarify the City Solicitor's authority to, in appropriate circumstances and in consultation with the appropriate City of Toronto staff, enter into agreements to suspend the running of limitation periods for limited periods (known as tolling agreements). Consistent with her existing authority, upon termination of any tolling agreement, the City Solicitor will bring or respond to legal proceedings or report to City Council, as necessary and appropriate.
The General Government and Licensing Committee recommends that: 1. City Council grant standing authority to the City Solicitor, in consultation with the appropriate Division Head, Deputy City Manager, or the City Manager, to enter into agreements to suspend the running of limitation periods for limited periods (known as tolling agreements) with people or companies from whom the City of Toronto may face a claim or against whom the City has, or may have, a claim, on terms satisfactory to the City Solicitor.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council grant standing authority to the City Solicitor, in consultation with the appropriate Division Head, Deputy City Manager, or the City Manager, to enter into agreements to suspend the running of limitation periods for limited periods (known as tolling agreements) with people or companies from whom the City of Toronto may face a claim or against whom the City has, or may have, a claim, on terms satisfactory to the City Solicitor.
GL8.18amended
Toronto Licensing Tribunal 2018 Annual Report
In accordance with the Relationship Framework approved by City Council for the Toronto Licensing Tribunal, the Chair's 2018 Annual Report is being communicated to the General Government and Licensing Committee for information. The Toronto Licensing Tribunal (the Tribunal) is an independent, quasi-judicial body comprised of seven citizens chosen by City Council for a four-year term. The Tribunal receives administrative support from the City of Toronto's Court Services Division. The Tribunal makes decisions about business licensing matters that are brought forward by Municipal Licensing and Standards (MLS) or at the request of a licensee or applicant, in accordance with the City of Toronto Municipal Code Chapter 545, Licensing, and Chapter 546, Licensing of Vehicles-For-Hire. In 2018, the Tribunal scheduled 235 appearances before a hearing panel. There were 54 hearing dates, which included several multi-day hearings and two motion hearings. In addition, there were 26 pre-hearing dates; these resulted in 127 meetings between an applicant and MLS. As indicated in the Toronto Municipal Code and the Relationship Framework for the Tribunal, the Annual Report contains recommendations of the Chair for improvements or changes to the Tribunal's policies and procedures. The recommendations for 2018 are similar to the ones made in the 2017 Annual Report, with some updates and revisions.
The General Government and Licensing Committee: 1. Requested the Director, Court Services, in consultation with the Executive Director, Municipal Licensing and Standards, to report to the General Government and Licensing Committee in 2020 on any recommended changes to the Toronto Licensing Tribunal's hearing processes, policies, or procedures arising from the Tribunal Chair's 2018 Annual Report.
Staff recommendation as filed
The Executive Director, Municipal Licensing and Standards recommends that: 1. The General Government and Licensing Committee receive the Toronto Licensing Tribunal Chair's 2018 Annual Report in Attachment 1 for information.
GL8.19adopted
City of Toronto Municipal Code Chapter 545, Licensing By-law Updates
This report is part of a larger, multi-phase initiative involving a review of the City of Toronto Municipal Code Chapter 545, Licensing. This report proposes further amendments aimed at improving Chapter 545, Licensing, by streamlining and simplifying the By-law and reducing regulatory burden for businesses, updating and modernizing the By-law to ensure alignment with other legislation and regulation, and enhancing the readability and consistency of the By-law. The current phase of review includes a number of proposed amendments including: 1. Updating the By-law to reflect changes to Ontario's Health Protection and Promotion Act (HPPA). The HPPA and, in particular the new regulation for Food Premises (Ontario Regulation 493/17), now provide the necessary legislative authority for Toronto Public Health (TPH) and the Medical Officer of Health to undertake activities to maintain food safety in establishments serving and preparing food. This report recommends updates that would remove regulatory duplication. 2. Seeking delegated authority to set screening criteria for licence applicants and to amend them, as necessary, as well as to issue interpretation bulletins. This would allow staff to streamline the current thresholds, simplifying the criteria and making them more adaptable and responsive to changing business and legislative environments. 3. Various technical amendments to clean up the By-law and reduce duplication and unnecessary regulatory burden. TPH and Legal Services were consulted in the preparation of this report.
The General Government and Licensing Committee recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 545, Licensing, as follows: Update of Food-Related Provisions a. Adopt a new definition for food, subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards, as follows: Food - Food or drink for human consumption and includes an ingredient of food or drink for human consumption. b. Delete all references to the phrase "food or drink" and replace them with the word "food". c. Move the definitions of Food Safety Inspection Notice and Food Safety Inspection Report found in Article X, Food Establishments (Other Than in Hotels), and the definition of Eating or Drinking Establishment found in 545-157D to 545-1, Definitions, to improve the readability of Chapter 545, Licensing. d. Delete requirements of food establishments that are now regulated by the province or which no longer have a municipal purpose, including those relating to the supervision of dining rooms, the number of attendants, waste containers, server clothing restrictions, the posting of food safety inspection notices, the posting of business licences next to food safety inspection notices, notifying Municipal Licensing and Standards of changes to the food safety risk level of the business, food handler certification, the accreditation of food handler training programs, and the posting of procedures to assist choking victims. e. Delete definitions that relate to requirements of food establishments that are now regulated by the province, replaced, or which no longer have a municipal purpose, including accredited programs, certified food handlers, eating or drinking establishment (in 545-157E), food handlers, food handler certificates, food or drink, hazardous food, high-risk premises, low-risk premises, medium-risk premises, photo identification card, serving persons, and specified body areas. f. Delete requirements of food establishments and other provisions found in Article X, Food Establishments (Other Than in Hotels), that relate specifically to licences held by corporations or partnerships. g. Require that the remaining provisions of Article X, Food Establishments (Other Than in Hotels), apply to the owners or operators of businesses captured under that article. By-law Clean-Up h. Adopt the following general definitions, subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards, as follows: 1. Owner - Any person who owns a business premises or vehicle, as the context requires, except as the term is otherwise defined within this chapter, in which case that definition shall prevail. 2. Operator - Any person who alone or with others operates, manages, supervises, runs, or controls a business, premises, or vehicle, as the context requires, and "operate", "operation", and other like words shall be given a corresponding meaning. 3. Driver - The driver of a vehicle, including an owner who drives his or her own vehicle. i. Delete the specific definitions of Owner, Operator, Driver, and Keeper in Articles II, III, V, XX, XXII, XLII, XLIV, XLV, and XLVI. j. Delete all references to the word "keeper" in Chapter 545, Licensing, and replace them with the word "operator" and deem the existing holders of a "keeper" licence, for their remaining term, to hold an "operator" licence of the same class. k. Delete the definitions of Instructor, To Solicit, and Passenger. l. Delete all references to "wagon" in 545-229 and 231 in Article XVIII, Owners and Operators of Laundries, and 545-224, 226, 227, 229, 231, and 277 in Article XVII, Hawkers and Pedlars, and delete 545-224A in Article XVII, Hawkers and Pedlars. m. Delete 545-199, 200, and 201 in Article XIII, Sale of Tobacco Products. n. Add "e-cigarette" to 545-208(G) to prohibit a school bus driver from using e-cigarettes while driving a school bus. o. Delete Part C of the definition of Holistic Services and delete the definitions of Acupuncture and Traditional Chinese Medicine as well as all references to these terms in Chapter 545, Licensing. p. Include the same provisions found in Article I, General Provisions, of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-For-Hire, subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards, except for: 1. 546-1 (Definitions); 2. 546-2 (Licence requirement); and 3. 546-13 (General provisions applicable to vehicle-for-hire and Private Transportation Company drivers). q. Delete 545-5, General Provisions, except for: 1. 545-3 (Toronto Licensing Tribunal); 2. 545-4A(2)(3)(4) (Pre-payment of Body-Rub Parlour fees); 3. 545-4B(5) (Multi-year licence renewals); 4. 545-4P (Endorsement provisions); 5. 545-5D (Guide dog or service animal provisions); 6. 545-5G and 545-5H (Cigarette clean-up and disposal provisions); 7. 545-5J (Provisions related to selling near the Canadian National Exhibition); and 8. 545-7D (Provisions allowing for imprisonment for violating licence requirement for Body-Rub Parlour/Adult Entertainment Club owners). r. Adopt a new provision to require all licensees under Chapter 545, Licensing, to notify Municipal Licensing and Standards within 48 hours of any change to their address on record with Municipal Licensing and Standards and delete the following specific requirements that will then be redundant: 545-12A(5), 545-172, 545-208J, 545-339, 545-372, 545-436, and 545-509. s. Delete Appendix J, Notice, Ontario Consumer Protection Act. t. Delete 545-8, Transitional provisions. u. Delete the definition of Drive-Self Cartage Vehicle. v. Delete 545-2A(39) pertaining to second-hand goods. Screening Criteria 2. City Council delegate to the Executive Director, Municipal Licensing and Standards, the authority to establish policies and guidelines with respect to the business licensing requirements in the City of Toronto Municipal Code Chapter 545, Licensing, and to establish thresholds for criminal and background screening and other standards applicable to the issuance and renewal of all business licences under Chapter 545, Licensing, and City Council delete Appendix K, Business Licensing Thresholds, in Chapter 545, Licensing. Implementation 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Bill to amend the City of Toronto Municipal Code Chapter 545, Licensing, as may be required for the recommendations to take effect, including reorganizing provisions and amending section headings, as appropriate. 4. City Council direct that the proposed changes to the City of Toronto Municipal Code Chapter 545, Licensing, come into force on the day they are enacted.
Staff recommendation as filed
The Executive Director, Municipal Licensing and Standards recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 545, Licensing, as follows: Update of Food-Related Provisions a. Adopt a new definition for food, subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards, as follows: Food - Food or drink for human consumption and includes an ingredient of food or drink for human consumption. b. Delete all references to the phrase "food or drink" and replace them with the word "food". c. Move the definitions of Food Safety Inspection Notice and Food Safety Inspection Report found in Article X, Food Establishments (Other Than in Hotels), and the definition of Eating or Drinking Establishment found in 545-157D to 545-1, Definitions, to improve the readability of Chapter 545. d. Delete requirements of food establishments that are now regulated by the province or which no longer have a municipal purpose, including those relating to the supervision of dining rooms, the number of attendants, waste containers, server clothing restrictions, the posting of food safety inspection notices, the posting of business licences next to food safety inspection notices, notifying Municipal Licensing and Standards of changes to the food safety risk level of the business, food handler certification, the accreditation of food handler training programs, and the posting of procedures to assist choking victims. e. Delete definitions that relate to requirements of food establishments that are now regulated by the province, replaced, or which no longer have a municipal purpose, including accredited programs, certified food handlers, eating or drinking establishment (in 545-157E), food handlers, food handler certificates, food or drink, hazardous food, high-risk premises, low-risk premises, medium-risk premises, photo identification card, serving persons, and specified body areas. f. Delete requirements of food establishments and other provisions found in Article X, Food Establishments (Other Than in Hotels), that relate specifically to licences held by corporations or partnerships. g. Require that the remaining provisions of Article X, Food Establishments (Other Than in Hotels), apply to the owners or operators of businesses captured under that article. By-law Clean-Up h. Adopt the following general definitions, subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards, as follows: Owner - Any person who owns a business premises or vehicle, as the context requires, except as the term is otherwise defined within this chapter, in which case that definition shall prevail. Operator - Any person who alone or with others operates, manages, supervises, runs, or controls a business, premises, or vehicle, as the context requires, and "operate", "operation", and other like words shall be given a corresponding meaning. Driver - The driver of a vehicle, including an owner who drives his or her own vehicle. i. Delete the specific definitions of Owner, Operator, Driver, and Keeper found in Articles II, III, V, XX, XXII, XLII, XLIV, XLV, and XLVI. j. Delete all references to the word "keeper" in Chapter 545, Licensing, and replace with the word "operator" and deem the existing holders of a "keeper" licence, for their remaining term, to hold an "operator" licence of the same class. k. Delete the definitions of Instructor, To Solicit, and Passenger. l. Delete all references to "wagon" in Chapter 545-229 and 231 in Article XVIII, Owners and Operators of Laundries, and Chapter 545-224, 226, 227, 229, 231, and 277 in Article XVII, Hawkers and Pedlars, and delete 545-224A in Article XVII, Hawkers and Pedlars. m. Delete Chapter 545-199, 200, and 201 in Article XIII, Sale of Tobacco Products. n. Add "e-cigarette" to 545-208(G) to prohibit a school bus driver from using e-cigarettes while driving a school bus. o. Delete Part C of the definition of Holistic Services and delete the definitions of Acupuncture and Traditional Chinese Medicine as well as all references to these terms in Chapter 545, Licensing. p. Include the same provisions found in Chapter 546, Article I, General Provisions, subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards, except for: - 546-1 (Definitions); - 546-2 (Licence requirement); and - 546-13 (General provisions applicable to vehicle-for-hire and PTC drivers). q. Delete Chapter 545-5, General Provisions, except for: - 545-3 (Toronto Licensing Tribunal); - 545-4B(5) (Multi-year licence renewals); - 545-5D (Guide dog or service animal provisions); - 545-5G and 545-5H (Cigarette cleanup and disposal provisions); - 545-4A(2)(3)(4) (Pre-payment of Body-Rub Parlour fees); - 545-4P (Endorsement provisions); - 545-5J (Provisions related to selling near the Canadian National Exhibition); and - 545-7D (Provisions allowing for imprisonment for violating licence requirement for Body-Rub Parlour/Adult Entertainment Club owners). r. Adopt a new provision to require all licensees under Chapter 545, Licensing, to notify Municipal Licensing and Standards within 48 hours of any change to their address on record with Municipal Licensing and Standards and delete the following specific requirements that will then be redundant: 545-12A(5), 545-172, 545-208J, 545-339, 545-372, 545-436, and 545-509. s. Delete Appendix J, Notice, Consumer Protection Act, in Chapter 545, Licensing. t. Delete 545-8, Transitional provisions. u. Delete the definition of Drive-Self Cartage Vehicle. v. Delete 545-2A(39) pertaining to second-hand goods. Screening Criteria 2. City Council delegate to the Executive Director, Municipal Licensing and Standards, the authority to establish policies and guidelines with respect to the business licensing requirements in the City of Toronto Municipal Code Chapter 545, Licensing, and to establish thresholds for criminal and background screening and other standards applicable to the issuance and renewal of all business licences under Chapter 545, Licensing, and City Council delete Appendix K, Business Licensing Thresholds, in Chapter 545. Implementation 3. City Council authorize the City Solicitor to make such stylistic and technical changes to the Bill to amend the City of Toronto Municipal Code Chapter 545, Licensing, as may be required for the recommendations to take effect, including reorganizing provisions and amending section headings, as appropriate. 4. City Council direct that the proposed changes to the City of Toronto Municipal Code Chapter 545, Licensing, come into force on the day they are enacted.
GL8.20adopted
Proposed Business Licence for Vapour Product Retailers
This report recommends amendments to the City of Toronto Municipal Code Chapter 545, Licensing, to introduce a new licence requirement for vapour product retailers. Vapour products containing nicotine have only recently been legalized in Canada and are now a regulated product. Since 2018, the provincial government now regulates vapour product use and sales through the Smoke-Free Ontario Act, 2017 (SFOA). Vapour products include electronic cigarettes (e-cigarettes), any part of an e-cigarette (for example, coils), and substances made or sold to be used in an e-cigarette. The SFOA treats vapour products similar to tobacco products in their display, handling, and sale in retail stores. One of the main purposes of the SFOA is to help reduce youth access to tobacco and vapour products and to protect workers and the public from second-hand tobacco and cannabis smoke and second-hand vapour. Over the past few years, the presence of vapour products has become widespread throughout the City of Toronto; they are sold in most stores where tobacco is sold and there has been a growth of specialty vape stores. Members of the public should be aware of the potential harms of using vapour products (vaping), the addictive potential of vapour products containing nicotine, and the risk of vaping leading to subsequent tobacco cigarette smoking. There have been growing concerns about youth access to vapour products, heightened with recent examples of respiratory illnesses among vapour product users. As of September 2019, there have been reports of cases of severe pulmonary illness associated with vapour product use in the USA and in Canada. Most of the cases report using vapour products containing unregulated/illegal cannabis products; however, the cause is still under investigation. There is currently no reliable system in place for Toronto Public Health (TPH) staff to accurately track and inspect all vapour product retailers to ensure their compliance with the SFOA. Introducing a new licensing category for vapour product retailers will assist TPH in their enforcement of the SFOA by enabling adequate City oversight of the number and location of retailers. The proposed new licence category would also provide the City with tools under the City of Toronto Municipal Code Chapter 545, Licensing, to ensure compliance with all laws and, where appropriate, take enforcement actions. TPH and Legal Services were consulted in the preparation of this report.
The General Government and Licensing Committee recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 545, Licensing, as follows: Definitions a. Adopt the following definitions subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards: Vapour Product - An electronic cigarette, an e-substance, or any component of an electronic cigarette and includes the package in which the electronic cigarette, e-substance, or any component is sold. E-cigarette - A vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine. E-substance - A substance that is manufactured or sold to be used in an electronic cigarette. Licensing Requirements b. Create a new business licence category for vapour product retailers and adopt a new licensing requirement for existing owners or operators of any store or shop where vapour products are sold. c. Require that any person or entity who applies for the vapour product retailer licence shall provide the following information: 1. name of applicant; 2. address for business; 3. contact information (phone number and e-mail address); 4. primary contact person name, phone number, e-mail address, and mailing address; 5. criminal background check; and 6. any other information as required by the Executive Director, Municipal Licensing and Standards. d. Require that, in order for a vapour product retailer in the City of Toronto to obtain and continue holding a licence under Chapter 545, Licensing, every applicant for a licence is required to register, where applicable, under the Smoke-Free Ontario Act, 2017. e. Require that licence holders must attend the offices of the Municipal Licensing and Standards Division within 48 hours of changing their business address to inform of the change of address and produce their licence for the change to be entered thereon. f. Require that existing business licensees that sell vapour products obtain a vapour product retail endorsement on their business licence upon licence renewal as of April 1, 2019. Fees 2. City Council amend the City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 12, Municipal Licensing and Standards, to include the following fees for the vapour product retailer licence, subject to annual adjustments based on the Consumer Price Index: a. Vapour Product Retailer Licence Fee: $645.53; and b. Vapour Product Retailer Annual Renewal Fee: $315.17. Implementation 3. City Council direct that the changes to the City of Toronto Municipal Code Chapter 441, Fees and Charges, and the City of Toronto Municipal Code Chapter 545, Licensing, come into force on April 1, 2020. 4. City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards, to make such technical and stylistic amendments to the Bill amending the City of Toronto Municipal Code Chapter 441, Fees and Charges, and the City of Toronto Municipal Code Chapter 545, Licensing, as required to give effect to City Council's decision.
Staff recommendation as filed
The Executive Director, Municipal Licensing and Standards recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 545, Licensing, as follows: Definitions a. Adopt the following definitions subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards: Vapour Product - An electronic cigarette, an e-substance, or any component of an electronic cigarette and includes the package in which the electronic cigarette, e-substance, or component is sold. E-cigarette - A vaporizer or inhalant-type device, whether called an electronic cigarette or any other name, that contains a power source and heating element designed to heat a substance and produce a vapour intended to be inhaled by the user of the device directly through the mouth, whether or not the vapour contains nicotine. E-substance - A substance that is manufactured or sold to be used in an electronic cigarette. Licensing Requirements b. Create a new business licence category for vapour product retailers and adopt a new licensing requirement for existing owners or operators of any store or shop where vapour products are sold. c. Require that any person or entity who applies for the vapour product retailer licence shall provide the following information: 1. name of applicant; 2. address for business; 3. contact information (phone number and e-mail address); 4. primary contact person name, phone number, e-mail address, and mailing address; 5. criminal background check; and 6. any other information as required by the Executive Director, Municipal Licensing and Standards. d. Require that, in order for a vapour product retailer in Toronto to obtain and continue holding a licence under the City of Toronto Municipal Code Chapter 545, Licensing, every applicant for a licence is required to register, where applicable, under the Smoke-Free Ontario Act, 2017. e. Require that licence holders must attend the offices of the Municipal Licensing and Standards Division within 48 hours of changing their business address to inform of the change of address and produce their licence for the change to be entered thereon. f. Require that existing business licensees that sell vapour products obtain a vapour product retail endorsement on their business licence upon licence renewal as of April 1, 2019. Fees 2. City Council amend the City of Toronto Municipal Code Chapter 441, Fees and Charges, to include the following fees for the vapour product retailer licence, subject to annual adjustments based on the Consumer Price Index: a. Vapour Product Retailer licence fee: $645.53. b. Vapour Product Retailer annual renewal fee: $315.17. Implementation 3. City Council direct that the changes to the City of Toronto Municipal Code Chapter 545, Licensing, and the City of Toronto Municipal Code Chapter 441, Fees and Charges, come into force on April 1, 2020. 4. City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards, to make such technical and stylistic amendments to the Bill amending the City of Toronto Municipal Code Chapter 545, Licensing, and the City of Toronto Municipal Code Chapter 441, Fees and Charges, as required to give effect to City Council's decision.
GL8.21adopted
Toronto City Hall Council Chamber Modernization Update
The City of Toronto Council Chamber modern capabilities are in need of a review to determine if measures can be implemented to better serve the current Council and Committee meetings and events that take place in the space.
The General Government and Licensing Committee: 1. Requested the Deputy City Manager, Corporate Services, and the City Clerk to report to the General Government and Licensing Committee at its meeting on November 18, 2019 on the following: a. an update on modernization options for the Council Chamber at Toronto City Hall; and b. the current challenges for modernizing the Council Chamber at Toronto City Hall.
Staff recommendation as filed
Councillor Paul Ainslie recommends that: 1. The General Government and Licensing Committee request the Deputy City Manager, Corporate Services, and the City Clerk to report to the November 18, 2019 meeting of the General Government and Licensing Committee to: a. provide an update on modernization options for the City Hall Council Chamber; and b. report on the current Council Chamber challenges.
GL8.22adopted
City of Toronto’s Open Data Portal - Historical and Current Data
As we advance with the City of Toronto Open Data Policy, the Chief Technology Officer and City staff are working to fulfill the recommendation adopted on February 22, 2016 in Item GM10.4, including datasets should always be posted as open data before they are used to enable City-built apps or websites. It is fundamental that our City Clerk's Division have Corporate Information and Technology publish all historical and current data embedded in documents, reports, or any digital artifacts that are available publicly on the City's digital infrastructure to be made available on the City's Open Data portal.
The General Government and Licensing Committee: 1. Directed the City Clerk and the Chief Technology Officer to authorize the Corporate Information and Technology Division to publish all historical and current data embedded in documents, reports, or any digital artifacts that are available publicly on the City of Toronto's digital infrastructure to be made available on the City's Open Data portal: a. the City of Toronto Council and Committees Minutes, Agendas, and Meetings Report Request Log be made available on the City's Open Data portal at the time of publication on the City's publicly available digital infrastructure; and b. embedded data within documents, reports, or any digital artifacts be made available on the City's Open Data portal at the time of publication of said documents, reports, or any digital artifacts.
Staff recommendation as filed
Councillor Paul Ainslie recommends that: 1. The General Government and Licensing Committee direct the City Clerk and the Chief Technology Officer to grant authority for Corporate Information and Technology Division to publish all historical and current data embedded in documents, reports, or any digital artifacts that are available publicly on the City's digital infrastructure, to be made available on the City of Toronto's Open Data portal. a. the City of Toronto Council and Committees Minutes, Agendas, and Meetings Report Request Log be made available on the City of Toronto's Open Data portal at the time of publication on the City's publicly available digital infrastructure; and b. embedded data within documents, reports, or any digital artifacts is to be made available in the City of Toronto's Open Data portal at the time of publication of said documents, reports, or any digital artifacts.