Item - 2021.MM35.30

Tracking Status

  • City Council adopted this item on July 14, 2021 with amendments.

MM35.30 - Checking the Ticket - Understanding The Province’s Extraordinary Powers to Expropriate for Transit - by Councillor Kristyn Wong-Tam, seconded by Councillor Joe Cressy

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 14, 15 and 16, 2021, adopted the following:

 

1. City Council direct the City Manager to report to the October 27, 2021 meeting of the Executive Committee on the following questions:

 

a. How many meetings with the Province, through Metrolinx and other Provincial agencies, have City staff had regarding expropriation of City-owned properties?


b. Explain in detail and sequence, the process for the expropriation and related business transaction the City staff are undertaking through their negotiations with Metrolinx and the Province of Ontario.


c. What are the regulatory and financial differences between municipally-owned land expropriations under the Expropriations Act and municipally-owned land expropriations under the Building Transit Faster Act?


d. Is the First Parliament Site located at 271 Front Street East and 25 Berkeley Street subject to the Expropriations Act or Building Transit Faster Act?


e. Does the Province, through an agency like Metrolinx, need to justify the expropriation of the municipal lands through a process such as a Hearing of Necessity?


f. Would the Province, through an agency like Metrolinx, be able to expropriate privately owned land without a Hearing of Necessity?


g. Has or will a financial transaction be settled with the Province ahead of the possession of the First Parliament Lands on August 31, 2021 to ensure the City is properly compensated for the loss of these significant parcels of property and where will these funds be directly - general budget reserves or project specific funding?


h. Is there any mandatory requirement by the Province under this expropriation process occurring at the First Parliament Site that the City must be compensated fair market value for the loss of these significant parcels of property?


i. In the event of redevelopment of the First Parliament Site, is there a process to capture community benefits, as outlined in the Master Plan, and what is it and how does it work?


j. If it is not expected to be a typical section 37 Planning Act process, what process is expected to be used, if any, to ensure proper community benefits are provided, and how would it differ from Section 37?


k. The City has expressed many priorities for the site, including siting a new public square, library, park and commemorative centre on the First Parliament Site through its First Parliament Master Plan document that is under development; is it expected that these community benefits will preclude other community benefits to ensure they are secured?


l. Is the City exploring the addition of affordable housing units to the proposed development concepts introduced by Infrastructure Ontario to the First Parliament Site?

Background Information (City Council)

Motions (City Council)

Motion to Waive Referral (Carried)

Speaker Nunziata advised Council that the provisions of Chapter 27, Council Procedures, require that Motion MM35.30 be referred to the Executive Committee. A two-thirds vote of the Council Members present is required to waive referral.


1 - Motion to Amend Item moved by Councillor Kristyn Wong-Tam (Carried)

That City Council amend Recommendation 1 by deleting the date "September 23, 2021" and inserting the date "October 27, 2021" so that it now reads as follows:

 

1. City Council direct the City Manager to report to the October 27, 2021 meeting of the Executive Committee on the following questions:


Motion to Adopt Item as Amended (Carried)
Source: Toronto City Clerk at www.toronto.ca/council