Item - 2019.MM7.17

City Council on May 14 and 15, 2019, adopted the following:

1. City Council direct City staff to continue to review the Imperial Oil application and any further supporting material, and consult with Imperial Oil, in an effort to resolve any concerns.

2. City Council authorize the City Solicitor to proceed with the City's application to participate in the Ontario Energy Board proceedings as an intervenor in relation to any unresolved concerns.

3. City Council authorize funds, as outlined in Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water, be made available to obtain such assistance as necessary in the opinion of the City Solicitor, in consultation with the General Manager of Toronto Water, to represent the City's interests at the Ontario Energy Board.

4. City Council authorize staff to liaise with other affected municipalities and Conservation Authorities to discuss coordination of responses to Imperial Oil's application.

5. If the City's application for intervention is granted, City Council authorize the City Solicitor to subsequently withdraw the City's participation as an intervenor once all issues of concern to the City have been resolved to the satisfaction of the City Solicitor, in consultation with the General Manager, Toronto Water.

6. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water.

7. City Council direct that Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water remain confidential until the release of the final decision of the Ontario Energy Board including any appeals or judicial review.

Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City of Toronto and it contains advice or communications that are subject to solicitor-client privilege. Confidential Attachment 1 to the report (May 10, 2019) from the City Solicitor and the General Manager, Toronto Water will be made public with the release of the final decision of the Ontario Energy Board including any appeals or judicial review.