Item - 2013.EX32.9
Tracking Status
- City Council adopted this item on July 16, 2013 with amendments.
- City Council considered this item on June 11, 2013 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
- This item was considered by Executive Committee on May 28, 2013 and was adopted with amendments. It will be considered by City Council on June 11, 2013.
EX32.9 - Toronto Hydro Corporation - Annual General Meeting, 2012 Audited Financial Statements and By-law 1.1
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on July 16, 17, 18 and 19, 2013, adopted the following:
1. City Council consider the portion of the Council meeting when this report is being considered as the Annual General Meeting of the Shareholder for Toronto Hydro Corporation by:
a. adopting the recommendations of the Toronto Hydro Corporation report dated May 16, 2012 in Attachment 1 to the report (May 10, 2013) from the City Manager in order to re-appoint KPMG LLP, Chartered Accountants, as the auditor for Toronto Hydro Corporation, to authorize the Corporation’s Board of Directors to fix the auditor's remuneration, and to approve the amended By-law 1.1 of the Corporation forming Appendix B, Attachment 1, to the report (May 10, 2013) from the City Manager; and
b. receiving the information report of the Deputy City Manager and Chief Financial Officer (April 22, 2013) entitled “2012 Audited Consolidated Financial Statements of Toronto Hydro Corporation” forming Attachment 2 to the report (May 10, 2013) from the City Manager and receiving the financial statements forming Appendix A to the report (May 10, 2013) from the City Manager.
2. City Council receive the report of the Deputy City Manager and Chief Financial Officer entitled “2012 Annual Information Form of Toronto Hydro Corporation” forming Attachment 3 to the report (May 10, 2013) from the City Manager, for information.
3. City Council receive Toronto Hydro Corporation’s 2012 Annual Report, 2012 Corporate Responsibility Report and 2012 Annual Information Form forming Attachments 4, 5 and 6 to the report (May 10, 2013) from the City Manager, for information.
4. City Council refer Toronto Hydro Corporation’s 2012 Audited Consolidated Annual Financial Statements to the Audit Committee for information.
5. City Council request Toronto Hydro to develop a comprehensive residential and commercial solar energy installation strategy including goals, strategies, communication approach, benchmarks etc and to report to the City Manager in six months on how this could be accomplished.
6. City Council request the City Manager to report to City Council, through the Executive Committee, once Toronto Hydro has provided the report referred to in Part 5 above.
7. City Council request the City Manager to include in his upcoming report on compensation for agencies and corporations, all Toronto Hydro senior executive compensation since amalgamation along with the annual dividend received.
8. City Council instruct the City Manager to request the Toronto Hydro Corporation Board to provide a report to the October 8 and 9, 2013 meeting of City Council on the recently reported contracting of services, such as mapping and accounts payable, to the U.S. and India.
9. City Council request the Toronto Hydro Corporation to consider adopting 'Whistle Blower Protection Policies'.
10. City Council receive the report (July 5, 2013) from the City Manager [EX32.9a] for information.
11. City Council direct that the information contained in Confidential Attachment 1 to the report (July 5, 2013) from the City Manager remain confidential as it contains information respecting personal matters about an identifiable person.
City Council also issued confidential instructions to staff which are to remain confidential in accordance with the provisions of the City of Toronto Act, 2006 as they contain personal information about an identifiable person.
Confidential Attachment 1 to the report (July 5, 2013) from the City Manager remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006 as it contains personal information about an identifiable person.
City Council Decision Advice and Other Information
City Council recessed its public session and met as Committee of the Whole in two closed sessions on July 17, 2013, and considered confidential information on this Item as it pertains to personal information about an identifiable person.
Confidential Attachment - Personal matters about an identifiable individual, including municipal or local board employees
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58339.pdf
Attachment 1 - Toronto Hydro Corporation Report May 16, 2012 - Appendix A - Resolution of the City of Toronto (“Sole Shareholder”) to Re-appoint the Auditor of Toronto Hydro Corporation (the “Corporation”) and to Authorize the Directors to Fix the Remuneration of the Auditor; Appendix B - Resolution of the City of Toronto (“Sole Shareholder”) to Approve Amendments to By-law 1.1 of the Corporation - Attachment 1- By-law 1.1 of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58340.pdf
Attachment 1 to Appendix B - Resolution of the City of Toronto (“Sole Shareholder”) to Approve Amendments to By-law 1.1 of the Corporation - Attachment 1: By-law 1.1 of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58341.pdf
Attachment 2 - Report of Deputy City Manager and Chief Financial Officer dated April 22, 2013 entitled “2012 Audited Consolidated Financial Statements of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58342.pdf
Appendix A to Attachment 2 - 2012 Audited Consolidated Annual Financial Statements of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58348.pdf
Attachment 3 - Report of Deputy City Manager and Chief Financial Officer entitled “2012 Annual Information Form of Toronto Hydro Corporation”
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58349.pdf
Attachment 4 - Toronto Hydro Corporation 2012 Annual Report
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58350.pdf
Attachment 5 Part 1 - Toronto Hydro Corporation 2012 Corporate Responsibility Report
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58351.pdf
Attachment 5 Part 2 - Toronto Hydro Corporation 2012 Corporate Responsibility Report
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58423.pdf
Attachment 6 - Toronto Hydro Corporation 2012 Annual Information Form
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58352.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-60102.pdf
Confidential Attachment 1
Communications (City Council)
(July 18, 2013) Submission from Councillor Janet Davis (CC.New.EX32.9.2)
https://www.toronto.ca/legdocs/mmis/2013/cc/comm/communicationfile-39155.pdf
Motions (City Council)
July 17, 2013 – 7:53 p.m. – Speaker Nunziata advised that City Council had considered Item EX32.9 - Toronto Hydro Corporation - Annual General Meeting, 2012 Audited Financial Statements and By-law 1.1 in the closed session. No motions were made on this Item.
July 17, 2013 – 10:17 p.m. – Speaker Nunziata advised that City Council had completed its closed session consideration of EX32.9 - Toronto Hydro Corporation - Annual General Meeting, 2012 Audited Financial Statements and By-law 1.1. No motions were adopted in closed session.
That City Council adopt the attached confidential instructions to staff.
Vote (Amend Item (Additional)) Jul-18-2013 4:34 PM
Result: Carried | Majority Required - EX32.9 - Mihevc - motion 1a |
---|---|
Total members that voted Yes: 24 | Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, James Pasternak, Gord Perks, Anthony Perruzza, Adam Vaughan, Kristyn Wong-Tam |
Total members that voted No: 15 | Members that voted No are Paul Ainslie, Ana Bailăo, Josh Colle, Gary Crawford, Vincent Crisanti, Doug Ford, Doug Holyday, Norman Kelly, Josh Matlow, Frances Nunziata (Chair), Cesar Palacio, John Parker, Jaye Robinson, Karen Stintz, Michael Thompson |
Total members that were Absent: 6 | Members that were absent are Glenn De Baeremaeker, Rob Ford, Mark Grimes, Giorgio Mammoliti, Peter Milczyn, David Shiner |
That City Council adopt the recommendations contained in the supplementary report (July 5, 2013) from the City Manager (EX32.9a):
1. City Council receive this report and the Confidential Attachment from the City Manager for information.
2. City Council directs that the information contained within the Confidential Attachment remain confidential as it contains information respecting personal matters about an identifiable person.
Vote (Amend Item (Additional)) Jul-18-2013 4:35 PM
Result: Carried | Majority Required - EX32.9 - Mihevc - motion 1b |
---|---|
Total members that voted Yes: 38 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Mary Fragedakis, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
Total members that voted No: 1 | Members that voted No are Ana Bailăo |
Total members that were Absent: 6 | Members that were absent are Glenn De Baeremaeker, Rob Ford, Mark Grimes, Giorgio Mammoliti, Peter Milczyn, David Shiner |
That:
1. City Council request Toronto Hydro to develop a comprehensive residential and commercial solar energy installation strategy including goals, strategies, communication approach, benchmarks etc and to report to the City Manager in six months on how this could be accomplished.
2. City Council request the City Manager to report to City Council through the Executive Committee once Toronto Hydro has provided the report referred to in Recommendation 1 above.
Vote (Amend Item (Additional)) Jul-18-2013 4:36 PM
Result: Carried | Majority Required - EX32.9 - Mihevc - motion 1c |
---|---|
Total members that voted Yes: 33 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailăo, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
Total members that voted No: 6 | Members that voted No are Mike Del Grande, Doug Ford, Doug Holyday, Norman Kelly, Josh Matlow, John Parker |
Total members that were Absent: 6 | Members that were absent are Glenn De Baeremaeker, Rob Ford, Mark Grimes, Giorgio Mammoliti, Peter Milczyn, David Shiner |
That
1. City Council instruct the City Manager to request the Toronto Hydro Corporation Board to provide a report to the October 8 and 9, 2013 meeting of City Council on the recently reported contracting of services, such as mapping and accounts payable, to the U.S. and India.
2. City Council request Toronto Hydro Corporation to consider adopting 'Whistle Blower Protection Policies'.
Vote (Amend Item (Additional)) Jul-18-2013 4:37 PM
Result: Carried | Majority Required - EX32.9 - Davis - motion 2 |
---|---|
Total members that voted Yes: 37 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailăo, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
Total members that voted No: 3 | Members that voted No are Doug Ford, Doug Holyday, Josh Matlow |
Total members that were Absent: 5 | Members that were absent are Glenn De Baeremaeker, Rob Ford, Mark Grimes, Giorgio Mammoliti, Peter Milczyn |
Vote (Adopt Item as Amended) Jul-18-2013 4:38 PM
Result: Carried | Majority Required - EX32.9 - Adopt the item as amended |
---|---|
Total members that voted Yes: 37 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailăo, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam |
Total members that voted No: 3 | Members that voted No are Doug Ford, Doug Holyday, Norman Kelly |
Total members that were Absent: 5 | Members that were absent are Glenn De Baeremaeker, Rob Ford, Mark Grimes, Giorgio Mammoliti, Peter Milczyn |
Councillor Lindsay Luby, rising on a Point of Order, stated that Council should split this Item in order to deal only with the confidential information at this time.
EX32.9 - Toronto Hydro Corporation - Annual General Meeting, 2012 Audited Financial Statements and By-law 1.1
- Decision Type:
- ACTION
- Status:
- Deferred
- Wards:
- All
City Council Decision
City Council on June 11, 12 and 13, 2013, deferred consideration of Item EX32.9 to the next regular meeting of Council on July16 and 17, 2013 and requested the City Manager, in consultation with the Chair, Board of Directors of Toronto Hydro, to report on the recent media reports related to personnel matters.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58339.pdf
Attachment 1 - Toronto Hydro Corporation Report May 16, 2012 - Appendix A - Resolution of the City of Toronto (“Sole Shareholder”) to Re-appoint the Auditor of Toronto Hydro Corporation (the “Corporation”) and to Authorize the Directors to Fix the Remuneration of the Auditor; Appendix B - Resolution of the City of Toronto (“Sole Shareholder”) to Approve Amendments to By-law 1.1 of the Corporation - Attachment 1- By-law 1.1 of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58340.pdf
Attachment 1 to Appendix B - Resolution of the City of Toronto (“Sole Shareholder”) to Approve Amendments to By-law 1.1 of the Corporation - Attachment 1: By-law 1.1 of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58341.pdf
Attachment 2 - Report of Deputy City Manager and Chief Financial Officer dated April 22, 2013 entitled “2012 Audited Consolidated Financial Statements of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58342.pdf
Appendix A to Attachment 2 - 2012 Audited Consolidated Annual Financial Statements of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58348.pdf
Attachment 3 - Report of Deputy City Manager and Chief Financial Officer entitled “2012 Annual Information Form of Toronto Hydro Corporation”
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58349.pdf
Attachment 4 - Toronto Hydro Corporation 2012 Annual Report
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58350.pdf
Attachment 5 Part 1 - Toronto Hydro Corporation 2012 Corporate Responsibility Report
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58351.pdf
Attachment 5 Part 2 - Toronto Hydro Corporation 2012 Corporate Responsibility Report
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58423.pdf
Attachment 6 - Toronto Hydro Corporation 2012 Annual Information Form
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58352.pdf
Motions (City Council)
That City Council defer the Item to the next regular meeting of Council on July16 and 17, 2013 and request the City Manager, in consultation with the Chair, Toronto Hydro Board, to report on the recent media reports related to personnel matters.
Vote (Defer Item) Jun-13-2013 6:14 PM
Result: Carried | Majority Required - EX32.9 - Mihevc - motion 1 - Defer the item |
---|---|
Total members that voted Yes: 33 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailăo, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam |
Total members that voted No: 1 | Members that voted No are Michael Thompson |
Total members that were Absent: 11 | Members that were absent are Josh Colle, Frank Di Giorgio, Doug Ford, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Ron Moeser, James Pasternak, Anthony Perruzza, David Shiner |
EX32.9 - Toronto Hydro Corporation - Annual General Meeting, 2012 Audited Financial Statements and By-law 1.1
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Executive Committee recommends that:
1. City Council consider the portion of the Council meeting when this report is being considered as the Annual General Meeting of the Shareholder for Toronto Hydro Corporation by:
a. adopting the recommendations of the Toronto Hydro Corporation report dated May 16, 2012 in Attachment 1 to the report (May 10, 2013) from the City Manager in order to re-appoint KPMG LLP, Chartered Accountants, as the auditor for Toronto Hydro Corporation, to authorize the Corporation’s Board of Directors to fix the auditor's remuneration, and to approve the amended By-law 1.1 of the Corporation forming Appendix B, Attachment 1, to the report (May 10, 2013) from the City Manager; and
b. receiving the information report of the Deputy City Manager and Chief Financial Officer dated April 22, 2013 entitled “2012 Audited Consolidated Financial Statements of Toronto Hydro Corporation” forming Attachment 2 to the report (May 10, 2013) from the City Manager and receiving the financial statements forming Appendix A to the report (May 10, 2013) from the City Manager.
2. City Council receive the report of the Deputy City Manager and Chief Financial Officer entitled “2012 Annual Information Form of Toronto Hydro Corporation” forming Attachment 3 to the report (May 10, 2013) from the City Manager, for information.
3. City Council receive Toronto Hydro Corporation’s 2012 Annual Report, 2012 Corporate Responsibility Report and 2012 Annual Information Form forming Attachments 4, 5 and 6 to the report (May 10, 2013) from the City Manager, for information.
4. City Council refer Toronto Hydro Corporation’s 2012 Audited Consolidated Annual Financial Statements to the Audit Committee for information.
5. City Council request the City Manager to include in his upcoming report on compensation for agencies and corporations, all Toronto Hydro senior executive compensation since amalgamation along with the annual dividend received.
Origin
Summary
This report recommends the actions necessary to comply with the requirements of the Business Corporations Act (Ontario) (“OBCA”) for holding an annual general meeting of the shareholder of Toronto Hydro Corporation (“THC”) including receipt of the audited annual financial statements and appointment of the auditor.
Background Information
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58339.pdf
Attachment 1 - Toronto Hydro Corporation Report May 16, 2012 - Appendix A - Resolution of the City of Toronto (“Sole Shareholder”) to Re-appoint the Auditor of Toronto Hydro Corporation (the “Corporation”) and to Authorize the Directors to Fix the Remuneration of the Auditor; Appendix B - Resolution of the City of Toronto (“Sole Shareholder”) to Approve Amendments to By-law 1.1 of the Corporation - Attachment 1- By-law 1.1 of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58340.pdf
Attachment 1 to Appendix B - Resolution of the City of Toronto (“Sole Shareholder”) to Approve Amendments to By-law 1.1 of the Corporation - Attachment 1: By-law 1.1 of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58341.pdf
Attachment 2 - Report of Deputy City Manager and Chief Financial Officer dated April 22, 2013 entitled “2012 Audited Consolidated Financial Statements of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58342.pdf
Appendix A to Attachment 2 - 2012 Audited Consolidated Annual Financial Statements of Toronto Hydro Corporation
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58348.pdf
Attachment 3 - Report of Deputy City Manager and Chief Financial Officer entitled “2012 Annual Information Form of Toronto Hydro Corporation”
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58349.pdf
Attachment 4 - Toronto Hydro Corporation 2012 Annual Report
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58350.pdf
Attachment 5 Part 1 - Toronto Hydro Corporation 2012 Corporate Responsibility Report
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58351.pdf
Attachment 5 Part 2 - Toronto Hydro Corporation 2012 Corporate Responsibility Report
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58423.pdf
Attachment 6 - Toronto Hydro Corporation 2012 Annual Information Form
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-58352.pdf
Motions
That the City Manager include in his upcoming report on compensation for agencies and corporations, all Toronto Hydro senior executive compensation since amalgamation along with the annual dividend received.