Item - 2017.EX21.3
Tracking Status
- City Council adopted this item on January 31, 2017 with amendments.
- This item was considered by the Executive Committee on January 19, 2017 and adopted without amendment. It will be considered by City Council on January 31, 2017.
EX21.3 - Bill 68, Modernizing Ontario's Municipal Legislation Act, 2016 - Implications for the City of Toronto
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on January 31, 2017, adopted the following:
1. City Council express support to the Province with respect to Bill 68, Modernizing Ontario's Municipal Legislation Act, 2016 and acknowledge the consultative approach followed by the Province in developing the legislation.
2. City Council confirm the proposed requests for amendments to Bill 68 identified in Attachment 2 to the report (January 10, 2017) from the City Manager and the City Solicitor for submission to the Province in the event that the bill is reviewed by a standing committee of the provincial legislature.
3. City Council direct the City Manager to include in any submissions to a Provincial Standing Committee on Bill 68 the following:
a. that exception from the provision created by a vacancy when a member misses three consecutive meetings would also include "chronic illness";
b. that City Council vigorously objects to proposed revisions of Bill 68 that would see excess tax sale proceeds go to the court for 10 years after which are forfeited to the Crown;
c. the original Amendment Requests under the Planning Category as contained in Attachment 1, Status Update, to the report (December 21, 2016) from the City Manager and the City Solicitor, and express dissatisfaction that Council's requested amendments were not accepted;
d. a request to add the Ontario Heritage Act as a listed Act under subsection 21(2) or, in the alternative, that the Ontario Heritage Act be listed in the regulation under subsection 21(2) of the City of Toronto Act which would permit delegation of the power to list and designate property under the Ontario Heritage Act in order to speed up this process; and
e. a request that the Province enact a provision that allows the City to enact by-laws that provide for non-residential demolition control and include a definition of applicable law in the Building Code to include the statutory requirements for non-residential demolition control.
4. City Council authorize the City Manager in consultation with the City Solicitor to include requests for additional technical amendments to Bill 68 in the City's submission in the event that the bill is reviewed by a standing committee of the provincial legislature.
5. City Council request the General Manager, Solid Waste Management Services to report to the Public Works and Infrastructure Committee after the City of Toronto Act amendments are enacted, on options for expanded waste diversion requirements for the Industrial, Commercial and Institutional (ICI) and Multi-unit residential sectors.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-99621.pdf
Attachment 1 - Status Update - Amendments requested through City of Toronto Act Review
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-99861.pdf
Attachment 2 - Proposed issues to raise at Standing Committee review of Bill 68
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-99862.pdf
Communications (City Council)
Motions (City Council)
That City Council request the General Manager, Solid Waste Management Services to report to the Public Works and Infrastructure Committee after the City of Toronto Act amendments are enacted, on options for expanded waste diversion requirements for the Industrial, Commercial and Institutional (ICI) and Multi-unit residential sectors.
Vote (Amend Item (Additional)) Jan-31-2017 12:19 PM
| Result: Carried | Majority Required - EX21.3 - Davis - motion 1 |
|---|---|
| Total members that voted Yes: 35 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 9 | Members that were absent are Ana Bailão, Shelley Carroll, Josh Colle, John Filion, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza |
That City Council direct the City Manager to include in any submissions to a Provincial Standing Committee on Bill 68 the following:
a. that exception from the provision created by a vacancy when a member misses three consecutive meetings would also include "chronic illness";
b. that electronic participation in Standing Committee and City Council be permitted, excluding voting, unless in a situation of a tie vote;
c. that City Council vigorously object to proposed revisions of Bill 68 that would see excess tax sale proceeds go to the court for 10 years after which are forfeited to the Crown.
Part b of motion 2, lost.
Vote (Amend Item (Additional)) Jan-31-2017 12:20 PM
| Result: Carried | Majority Required - EX21.3 - Pasternak - motion 2 Part a |
|---|---|
| Total members that voted Yes: 30 | Members that voted Yes are Maria Augimeri, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 6 | Members that voted No are Paul Ainslie, Jon Burnside, Michael Ford, Stephen Holyday, Mike Layton, Josh Matlow |
| Total members that were Absent: 8 | Members that were absent are Ana Bailão, Shelley Carroll, Josh Colle, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza |
Vote (Amend Item (Additional)) Jan-31-2017 12:20 PM
| Result: Lost | Majority Required - EX21.3 - Pasternak - motion 2 Part b |
|---|---|
| Total members that voted Yes: 8 | Members that voted Yes are Christin Carmichael Greb, Vincent Crisanti, Frank Di Giorgio, Norman Kelly, Denzil Minnan-Wong, Cesar Palacio, James Pasternak, David Shiner |
| Total members that voted No: 28 | Members that voted No are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that were Absent: 8 | Members that were absent are Ana Bailão, Shelley Carroll, Josh Colle, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza |
Vote (Amend Item (Additional)) Jan-31-2017 12:21 PM
| Result: Carried | Majority Required - EX21.3 - Pasternak - motion 2 Part c |
|---|---|
| Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 8 | Members that were absent are Ana Bailão, Shelley Carroll, Josh Colle, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza |
That City Council direct the City Manager to include in any submissions to a Provincial Standing Committee on Bill 68 the following:
a. a request to add the Ontario Heritage Act as a listed Act under subsection 21(2) or, in the alternative, that the Ontario Heritage Act be listed in the regulation under subsection 21(2) of the City of Toronto Act which would permit delegation of the power to list and designate property under the Ontario Heritage Act in order to speed up this process; and
b. a request that the Province enact a provision that allows the City to enact by-laws that provide for non-residential demolition control and include a definition of applicable law in the Building Code to include the statutory requirements for non-residential demolition control.
Vote (Amend Item (Additional)) Jan-31-2017 12:22 PM
| Result: Carried | Majority Required - EX21.3 - Carmichael Greb - motion 3 |
|---|---|
| Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 8 | Members that were absent are Ana Bailão, Shelley Carroll, Josh Colle, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza |
That City Council direct the City Manager to include in any submissions to a Provincial Standing Committee on Bill 68 the original Amendment Requests under the "Planning Category" as contained in Attachment 1: Status Update, and express our dissatisfaction that Council's requested amendments were not accepted.
Vote (Amend Item (Additional)) Jan-31-2017 12:23 PM
| Result: Carried | Majority Required - EX21.3 - Wong-Tam - motion 4 |
|---|---|
| Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 8 | Members that were absent are Ana Bailão, Shelley Carroll, Josh Colle, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza |
Vote (Adopt Item as Amended) Jan-31-2017 12:24 PM
| Result: Carried | Majority Required - EX21.3 - Adopt the item as amended |
|---|---|
| Total members that voted Yes: 36 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 8 | Members that were absent are Ana Bailão, Shelley Carroll, Josh Colle, Michelle Holland, Jim Karygiannis, Giorgio Mammoliti, Ron Moeser, Anthony Perruzza |
EX21.3 - Bill 68, Modernizing Ontario's Municipal Legislation Act, 2016 - Implications for the City of Toronto
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Committee Recommendations
The Executive Committee recommends that:
1. City Council express support to the Province with respect to Bill 68, Modernizing Ontario's Municipal Legislation Act, 2016 and acknowledge the consultative approach followed by the Province in developing the legislation.
2. City Council confirm the proposed requests for amendments to Bill 68 identified in Attachment 2 to the report (January 10, 2017) from the City Manager and the City Solicitor for submission to the Province in the event that the bill is reviewed by a standing committee of the provincial legislature.
3. City Council authorize the City Manager in consultation with the City Solicitor to include requests for additional technical amendments to Bill 68 in the City's submission in the event that the bill is reviewed by a standing committee of the provincial legislature.
Origin
Summary
In September 2015, City Council requested a series of amendments to the City of Toronto Act (COTA) of the Province of Ontario as part of their Five-Year Review of the legislation. On November 16, 2016, the Province introduced Bill 68, Modernizing Ontario's Municipal Legislation Act, 2016. The bill, if passed, would amend COTA, the Municipal Conflict of Interest Act, the Municipal Elections Act and other statutes in response to feedback gathered during the Province's municipal legislative review consultations. The bill is currently at the Second Reading stage, and could be referred to a standing committee of the provincial legislature for public hearings shortly after the legislature resumes sitting on February 21, 2017.
The purpose of this report is to provide an overview of the proposed bill, report on the status of requests made by the City of Toronto during the COTA Five-Year Review, and recommends possible amendments the City could propose if the bill is reviewed by a standing committee.
Background Information
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-99621.pdf
Attachment 1 - Status Update - Amendments requested through City of Toronto Act Review
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-99861.pdf
Attachment 2 - Proposed issues to raise at Standing Committee review of Bill 68
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-99862.pdf
Speakers
Councillor Janet Davis