Item - 2021.PH22.7

That City Council amend Planning and Housing Committee Recommendation 2 by adding the following new parts:

2. City Council request that the Chief Planner and Executive Director, City Planning to report back to the Planning and Housing Committee on:

- The feasibility of accepting written submissions and requests to register to speak from members of the public after the respective deadlines in cases where receipt of notices by mail was delayed;

- The current status of recommendations related to improving transparency and public participation from the End-to-End Review of the Development Review Process: Final Report, KPMG, 2019; and

- Interim strategies to improve the accessibility and transparency of virtual Committee of Adjustment hearings, based on feedback received from residents and stakeholders in recent weeks, to be implemented in the short-term.

 That City Council amend Planning and Housing Committee Recommendation 1 lead in phrase by deleting the words "independent public" so that the lead in phrase now reads as follows:

1.  City Council direct the Chief Planner and Executive Director, City Planning, and the Chief Building Official to conduct a review, and report back by the fourth quarter of 2021 or sooner, of the Committee of Adjustment including the establishment of an advisory committee, and public engagement and to include the following:

That:

1. City Council delete Planning and Housing Committee Recommendation 1:

Recommendation to be deleted

1. City Council direct the Chief Planner and Executive Director, City Planning, and the Chief Building Official to conduct an independent public review, and report back by the fourth quarter of 2021 or sooner, of the Committee of Adjustment including the establishment of an advisory committee, and public engagement and to include the following:

a. Investigate and address residents’ concerns with the current processes;

b. Consider alternatives to the Committee of Adjustment process for minor variances and severances;

c. Review and revise the Committee of Adjustment processes based on tribunal best practices, and quality assurance review practices;

d. Education and training of Members on both procedures and substance of the Committee mandate.

and adopt instead the following new recommendation:

1. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor and the Chief Building Official and Executive Director, Toronto Building, to report to the Planning and Housing Committee on retaining a consultant to review the Committee of Adjustment Findings in the End-to-End Review of the Development Review Process Final Report, dated August 16, 2019, for a status report in the fourth quarter, such review to include:

a. the challenges of conducting virtual public hearings, including an overview of current processes, a review of best practices and potential technological improvements;

b. recommendations respecting the establishment of an advisory committee; and

c. undertaking public engagement in their review.

Amended by motion 4 by Councillor Holyday.

That City Council amend new Recommendation 1 of Motion 3 from Councillor Ana Bailão by adding the words "and the Ombudsman" and adding new parts, as follows:

1. City Council direct the Chief Planner and Executive Director, City Planning, in consultation with the City Solicitor, and the Chief Building Official and Executive Director, Toronto Building and the Ombudsman, to report to the Planning and Housing Committee on retaining a consultant to review the Committee of Adjustment Findings in the End-to-End Review of the Development Review Process Final Report, dated August 16, 2019, such review to include:

a. the challenges of conducting virtual public hearings, including an overview of current processes, a review of best practices and potential technological improvements;

b. recommendations respecting the establishment of an advisory committee; and

c. undertaking public engagement in their review.;

d. promoting good conduct by applicant and general public participants;

e. more scoping of supporting materials and information that would help applicants and the general public prepare for an effective representation at hearing; and

f. review of the Committee of Adjustment procedures and processes based on tribunal best practices, and to ensure they support panel members in achieving procedural fairness and natural justice.

That:

1. City Council request the Chief Planner and Executive Director, City Planning, and other appropriate City Staff, to investigate enhancing and expanding the outreach to residents in regards to matters that come to Committee of Adjustment, so that residents can be better informed on how Committee of Adjustment processes work, and advise residents on how to best present their case at Committee of Adjustment.

2. City Council direct that this outreach to residents be made very explicit on all signage and communication going to residents in regards an upcoming Committee of Adjustment hearings.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item PH22.7 and take the vote immediately.

Councillor Carroll, on a Point of Order, stated that Councillor Bailão did not read the text of her motion during her speaking time.

Deputy Mayor Minnan-Wong, on a Point of Privilege, stated that Councillor Wong-Tam, during her remarks, had said that he was confused. Deputy Mayor Minnan-Wong stated that he was not confused and asked that Councillor Wong-Tam withdraw her comments.

That:

1.  City Council direct the Chief Planner and Executive Director, City Planning, and the Chief Building Official to conduct an independent public review, and report back by the forth quarter of 2021 or sooner, of the Committee of Adjustment including the establishment of an advisory committee, and public engagement and to include the following:

a. Investigate and address residents’ concerns with the current processes;

b. Consider alternatives to the Committee of Adjustment process for minor variances and severances;

c. Review and revise the Committee of Adjustment processes based on tribunal best practices, and quality assurance review practices;

d. Education and training of Members on both procedures and substance of the Committee mandate.

That:

1. City Council request that the Chief Planner and Executive Director, City Planning to report back to the Planning and Housing Committee on:

a. Other available options to provide notice to residential tenants for Committee of Adjustment applications; and

b. The availability and quality of data that identifies residential tenants, and any information technology and programming requirements needed to provide such notice.