Item - 2019.PH8.8

The Planning and Housing Committee recommends that:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning.

2. City Council direct that Confidential Attachment 1 to the report  (August 12, 2019) from the City Solicitor and the Chief Planner and Executive Director, City Planning remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege.

This report responds to the Auditor General's recommendation to the City Council with respect to funds secured under Sections 37 and 45 of the Planning Act, and that the Chief Planner assess the status of community benefits secured since amalgamation (January 1, 1998).  The Chief Planner was asked to provide an appropriate level of assurance that cash that should have been received, has been received and to report on any uncollectible benefits.  A report was adopted by the Planning and Growth Management Committee on March 22, 2012 which provided an analysis of Sections 37 and 45 approvals from 1998 through 2007.  This report provides an analysis of approvals from 2008 through to 2017 and responds to the Committee's request that City Planning staff, in cooperation with Legal and Finance staff continue to investigate and pursue outstanding Section 37 and Section 45 funds which are due but for which no records of payments have been found.

An examination by City Planning staff reveals that a total of $486.5 million has been secured from 554 Section 37 and 45 approvals from 2008 through to 2017. A line by line analysis of the outstanding funds reveals that approximately $3.3 million was to be paid but never received. Through collection efforts $2.6 million was recovered, leaving $701,387 that related to 5 developments as potentially outstanding where no record of payment has been found to date. These 5 developments are listed in Attachment 1 to this report.