Item - 2021.PH23.11

The Planning and Housing Committee:  

1. Deferred consideration of the item until the June 11, 2021 Special Meeting of the Planning and Housing Committee.

This report provides an overview of the current process for obtaining a natural garden exemption as outlined in Chapter 489, Grass and Weeds, and recommends bylaw amendments to modernize regulations, streamline enforcement efforts, and enhance public education to support the City of Toronto's efforts to protect pollinators and biodiversity.

The review of Chapter 489, Grass and Weeds was initiated by staff following a report from the Ombudsman in 2018 that outlined concerns with the operational processes for responding to long grass and weeds complaints and issuing natural garden exemptions. However, this work was delayed as a result of the COVID-19 pandemic. This report also responds to Action 8 of Toronto's Biodiversity Strategy, which calls on the City to review policies and bylaws, including Chapter 489, for opportunities to support biodiversity. The City received significant feedback from stakeholders and the public in fall 2020 about the bylaw, including concerns that the natural garden exemption process does not support the goals of other City of Toronto polices and strategies, including the Biodiversity Strategy, Pollinator Protector Strategy, and Toronto Ravine Strategy.

As part of this review, staff undertook a consultation process that received 455 emails from residents, interested organizations and community groups, and held a series of roundtables with subject matter experts in the fields of botany and biodiversity. Staff also conducted a jurisdictional scan of best practices, an analysis of complaints and enforcement, and worked closely with interdivisional partners responsible for the City's biodiversity and pollinator strategies.

In response to the issues identified through this review, this report recommends removing the process for natural garden exemptions and amending the bylaw to require that all properties meet maintenance requirements that focus on health and safety, such as prohibiting specific plant species, managing the height of turfgrass, and ensuring that sightlines are not obstructed.

The proposed list of prohibited plants was developed in consultation with internal partners and external stakeholders to support ecological and human health. Staff recognize that maintaining such a list must be done in a way that is responsive to change, and therefore recommend that it be reviewed on an ongoing basis, in consultation with subject matter experts to ensure accuracy and relevance.

Staff also recommend renaming the bylaw to better reflect the changes proposed in this report, modernizing enforcement provisions, and strengthening public education and communications to support the City's biodiversity efforts.

This report was written in consultation with Parks, Forestry and Recreation, Environment and Energy Division, Toronto Public Health, City Planning, City Clerk's Office, Transportation Services, and Legal Services.