Item - 2018.CC44.12

City Council on July 23, 24, 25, 26, 27 and 30, 2018, adopted the following:

1.  City Council authorize the City Solicitor to commence, settle or terminate, where appropriate, legal proceedings, including arbitration, if appropriate, either alone or jointly with Association of Municipalities of Ontario and/or other Ontario municipalities, to challenge the amount of annual payment to be made to Ontario municipalities, including the City of Toronto, pursuant to the Ontario Blue Box Program Plan, as established under the Waste Diversion Act, 2002 and continued under the Waste Diversion Transition Act, 2016.

2.  City Council direct that such authority includes the authority to:

a.  settle such proceedings without commencing formal legal action where appropriate, to commence the legal proceedings where appropriate, to discontinue or settle such legal proceedings once commenced where it is concluded that it is reasonable to do so, to appeal any decision where warranted, to take any enforcement proceedings where necessary, and to otherwise deal with such matters in consultation, where appropriate, with the General Manager, Solid Waste Management Services;

b. challenge previous years' payments, where appropriate; and

c. respond to a challenge that may be commenced by Stewardship Ontario.

3.  City Council authorize City staff to provide such support as may be required, including the execution of any necessary document, to give effect to City Council's decision.

4.  City Council direct that Confidential Attachment 1 to the report (July 13, 2018) from the City Solicitor remain confidential in its entirety as it pertains to potential litigation and it contains advice that is subject to solicitor-client privilege.

Confidential Attachment 1 to the report (July 13, 2018) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to potential litigation and it contains advice that is subject to solicitor-client privilege.