Item - 2013.EX31.7
Tracking Status
- City Council adopted this item on May 7, 2013 with amendments.
- This item was considered by the Executive Committee on April 23, 2013 and adopted without amendment. It will be considered by City Council on May 7, 2013.
- See also By-law 774-2013
EX31.7 - Revised Shareholder Direction to Toronto Hydro Corporation
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on May 7, 8, 9 and 10, 2013, adopted the following:
1. City Council approve the Amended and Restated Shareholder Direction to Toronto Hydro Corporation set out in Confidential Attachment 1 to the report (April 8, 2013) from the City Manager, subject to any modifications deemed necessary by the City Solicitor.
2. City Council request the Board of Directors of Toronto Hydro Corporation to amend its By-law No. 1.1 to bring it into conformity with the Amended and Restated Shareholder Direction to Toronto Hydro Corporation set out in Confidential Attachment 1 to the report (April 8, 2013) from the City Manager, and thereafter submit the amended By-law No. 1.1 to the Shareholder for approval.
3. City Council amend Municipal Code Chapter 169, Officials, City and Municipal Code Chapter 3, Accountability Officers, to reflect the delegations to the respective City Officers under the Amended and Restated Shareholder Direction.
4. City Council direct that Confidential Attachment 1 to the report (April 8, 2013) from the City Manager, being the Amended and Restated Shareholder Direction to Toronto Hydro Corporation, be made public following City Council’s approval of the document at a time satisfactory to the City Solicitor following the completion of appropriate regulatory filings and that once made public, the City Manager provide copies of the Amended and Restated Shareholder Direction to the Members of the Board of Directors of Toronto Hydro Corporation.
5. City Council direct that Attachments 2 and 3 to the report (April 8, 2013) from the City Manager, being a summary description of amendments to the current Shareholder Direction to Toronto Hydro Corporation and a comparison document indicating the recommended changes to the Shareholder Direction, remain confidential in their entirety in accordance with the City of Toronto Act, 2006 as they involve the security of property of the City and its wholly-owned corporation.
6. City Council authorize the City Solicitor to introduce any Bills to Council to amend Municipal Code, Chapter 3, Accountability Officers, and Municipal Code, Chapter 169, Officials, City, and any other Bills which may be necessary to implement Council's decision.
Confidential Attachment 1 to the report April 8, 2013) from the City Manager remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to the security of the property of the City or its wholly-owned corporation. Confidential Attachment 1 will be made public at a time satisfactory to the City Solicitor following the completion of appropriate regulatory filings.
Confidential Attachments 2 and 3 to the report (April 8, 2013) from the City Manager remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006 as they pertain to the security of property of the City and its wholly-owned corporation.
Confidential Attachment - The security of the property of the municipality or local board
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57415.pdf
Confidential Attachment 1 - Recommended Amended and Restated Shareholder Direction to Toronto Hydro Corporation
Confidential Attachment 2 - Summary Description of Amendments to the Current Shareholder Direction to Toronto Hydro Corporation
Confidential Attachment 3 - Comparison Between Approved and Recommended Shareholder Directions to Toronto Hydro Corporation
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-58509.pdf
Motions (City Council)
That City Council amend Executive Committee Recommendation 4 by adding the words "and that once made public, the City Manager provide copies of the Amended and Restated Shareholder Direction to the Members of the Board of Directors of Toronto Hydro Corporation" after the word "filings" so that in now reads as follows:
4. City Council direct that Confidential Attachment 1 to the report (April 8, 2013) from the City Manager, being the Amended and Restated Shareholder Direction to Toronto Hydro Corporation, be made public following City Council’s approval of the document at a time satisfactory to the City Solicitor following the completion of appropriate regulatory filings and that once made public, the City Manager provide copies of the Amended and Restated Shareholder Direction to the Members of the Board of Directors of Toronto Hydro Corporation.
Vote (Amend Item) May-07-2013 6:57 PM
| Result: Carried | Majority Required - EX31.7 - Lindsay Luby - motion 1 |
|---|---|
| Total members that voted Yes: 35 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 10 | Members that were absent are Shelley Carroll, Josh Colle, John Filion, Doug Ford, Rob Ford, Giorgio Mammoliti, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, Adam Vaughan |
Vote (Adopt Item as Amended) May-07-2013 6:58 PM
| Result: Carried | Majority Required - EX31.7 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 35 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata (Chair), John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 10 | Members that were absent are Shelley Carroll, Josh Colle, John Filion, Doug Ford, Rob Ford, Giorgio Mammoliti, Pam McConnell, Denzil Minnan-Wong, Cesar Palacio, Adam Vaughan |
EX31.7 - Revised Shareholder Direction to Toronto Hydro Corporation
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Confidential Attachment - The security of the property of the municipality or local board
Committee Recommendations
The Executive Committee recommends that:
1. City Council approve the Amended and Restated Shareholder Direction to Toronto Hydro Corporation set out in Confidential Attachment 1 to the report (April 8, 2013) from the City Manager, subject to any modifications deemed necessary by the City Solicitor.
2. City Council request that the Board of Directors of Toronto Hydro Corporation amend its By-law No. 1.1 to bring it into conformity with the Amended and Restated Shareholder Direction to Toronto Hydro Corporation set out in Confidential Attachment 1 to the report (April 8, 2013) from the City Manager, and thereafter submit the amended By-law No. 1.1 to the Shareholder for approval.
3. City Council amend Municipal Code Chapter 169, Officials, City and Municipal Code Chapter 3, Accountability Officers, to reflect the delegations to the respective City Officers under the Amended and Restated Shareholder Direction.
4. City Council direct that Confidential Attachment 1 to the report (April 8, 2013) from the City Manager, being the Amended and Restated Shareholder Direction to Toronto Hydro Corporation, be made public following City Council’s approval of the document at a time satisfactory to the City Solicitor following the completion of appropriate regulatory filings.
5. City Council direct that Attachments 2 and 3 to the report (April 8, 2013) from the City Manager, being a summary description of amendments to the current Shareholder Direction to Toronto Hydro Corporation and a comparison document indicating the recommended changes to the Shareholder Direction, remain confidential in their entirety in accordance with the City of Toronto Act, 2006 as they involve the security of property of the City and its wholly-owned corporation.
6. City Council authorize the City Solicitor to introduce any Bills to Council to amend Municipal Code, Chapter 3, Accountability Officers, and Municipal Code, Chapter 169, Officials, City, and any other Bills which may be necessary to implement the recommendations contained in this report.
Origin
Summary
This report recommends the adoption of an Amended and Restated Shareholder Direction for Toronto Hydro Corporation (THC) to update the reporting procedures and improve the accountability of the Corporation to the City.
Due to the large number of separate amendments to the document, it is recommended that City Council adopt the attached restated Shareholder Direction rather than considering each amendment separately. The attachments to this report should remain confidential as they involve the security of property of the City and its wholly-owned corporation.
Background Information
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-57415.pdf
Confidential Attachment 1 - Recommended Amended and Restated Shareholder Direction to Toronto Hydro Corporation
Confidential Attachment 2 - Summary Description of Amendments to the Current Shareholder Direction to Toronto Hydro Corporation
Confidential Attachment 3 - Comparison Between Approved and Recommended Shareholder Directions to Toronto Hydro Corporation