Item - 2022.EX34.23
Tracking Status
- City Council adopted this item on July 19, 2022 with amendments.
- This item was considered by the Executive Committee on July 12, 2022 and adopted without amendment. It will be considered by City Council on July 19, 2022.
- See also By-law 954-2022
EX34.23 - Amendments to Council Procedures to incorporate changes to the Municipal Elections Act and the City of Toronto Act
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on July 19, 20, 21 and 22, 2022, adopted the following:
1. City Council amend Municipal Code Chapter 27, Council Procedures, Section 5.1 by deleting subsection A. and adding a new subsection A:
Subject to the Act and any other applicable legislation, Council holds its first meeting on the first Wednesday after the commencement of the Term of Council.
2. City Council amend Municipal Code Chapter 27, Council Procedures, Section 5.15 by replacing the existing subsection 5.15A with the following:
A. Subjects for closed meetings.
(1) Council or a committee may close a meeting to the public to discuss the following:
(a) Security of the City's or a local board's property;
(b) Personal matters about an identifiable individual, including City or local board employees;
(c) A proposed or pending land acquisition for City or agency purposes;
(d) Labour relations or employee negotiations;
(e) Litigation or potential litigation, including matters before administrative tribunals, affecting the City or a local board;
(f) Receiving advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
(g) Information explicitly supplied in confidence to the City or local board by Canada, a province or territory or a Crown agency of any of them;
(h) A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the City or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
(i) A trade secret or scientific, technical, commercial or financial information that belongs to the City or local board and has monetary value or potential monetary value;
(j) A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the City or local board;
(k) Educating or training the members, provided that no member discusses or otherwise deals with any matter that materially advances the business or decision-making of the City, local board or committee; or,
(l) A matter for which Council, a board, a committee or other body has authorized a meeting to be closed under another Act.
(2) Council or a committee shall close a meeting to the public to discuss the following:
(a) A request under the Municipal Freedom of Information and Protection of Privacy Act; or,
(b) An ongoing investigation respecting the City, a local board or a city-controlled corporation by:
(1) the Ombudsman appointed under the Ombudsman Act,
(2) the City's Ombudsman; or,
(3) the City's Open Meeting investigator.
3. City Council direct that, despite the provisions of Chapter 27, Council Procedures, City Council hold its First Meeting in 2022 on Wednesday, November 23 and Thursday, November 24, 2022.
Public Notice Given
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2022/ex/bgrd/backgroundfile-228162.pdf
(July 5, 2022) Public Notice
https://www.toronto.ca/legdocs/mmis/2022/ex/bgrd/backgroundfile-228503.pdf
Motions (City Council)
That, despite the provisions of Chapter 27, Council Procedures, City Council hold its First Meeting in 2022 on Wednesday, November 23 and Thursday, November 24, 2022.
Vote (Amend Item (Two-Thirds)) Jul-20-2022 5:08 PM
| Result: Carried | Two-Thirds Required - EX34.23 - Pasternak - motion 1 |
|---|---|
| Total members that voted Yes: 21 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory |
| Total members that voted No: 2 | Members that voted No are Gary Crawford, John Filion |
| Total members that were Absent: 2 | Members that were absent are Paula Fletcher, Denzil Minnan-Wong |
That:
1. City Council cancel the Committee meeting cycle that starts with the Etobicoke York Community Council meeting on November 28, 2022 and revise the purpose of the special City Council meeting on December 14, 2022 to be for urgent New Business and Member Motions on the main agenda.
Vote (Amend Item (Additional)) Jul-20-2022 5:09 PM
| Result: Lost | Majority Required - EX34.23 - Perruzza - motion 2 |
|---|---|
| Total members that voted Yes: 4 | Members that voted Yes are Mark Grimes, Nick Mantas, Anthony Perruzza, Jaye Robinson |
| Total members that voted No: 18 | Members that voted No are Paul Ainslie, Ana Bailão, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, Gary Crawford, John Filion, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, John Tory |
| Total members that were Absent: 3 | Members that were absent are Paula Fletcher, Denzil Minnan-Wong, Michael Thompson |
Vote (Adopt Item as Amended) Jul-20-2022 5:11 PM
| Result: Carried | Two-Thirds Required - EX34.23 - Adopt the Item as amended |
|---|---|
| Total members that voted Yes: 23 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, Gary Crawford, John Filion, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Joe Mihevc, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 2 | Members that were absent are Paula Fletcher, Denzil Minnan-Wong |
Councillor Carroll, on a Point of Privilege, stated she needs to be accurately reflected as she had raised that the City Clerk needs the time for onboarding new Members and that she cannot abide being characterized by Councillor Perruzza as not wanting to do any onboarding for new Members and asked the Speaker to rule.
Councillor Perks, on a Point of Privilege, stated that Councillor Perruzza's behaviour is demeaning to everyone in the Chamber and asked the Speaker to call him to order.
Councillor Perruzza apologized.
EX34.23 - Amendments to Council Procedures to incorporate changes to the Municipal Elections Act and the City of Toronto Act
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
Public Notice Given
Committee Recommendations
The Executive Committee recommends that:
1. City Council amend Municipal Code Chapter 27, Council Procedures, Section 5.1 by deleting subsection A. and adding a new subsection A:
Subject to the Act and any other applicable legislation, Council holds its first meeting on the first Wednesday after the commencement of the Term of Council.
2. City Council amend Municipal Code Chapter 27, Council Procedures, Section 5.15 by replacing the existing subsection 5.15A with the following:
A. Subjects for closed meetings.
(1) Council or a committee may close a meeting to the public to discuss the following:
(a) Security of the City's or a local board's property;
(b) Personal matters about an identifiable individual, including City or local board employees;
(c) A proposed or pending land acquisition for City or agency purposes;
(d) Labour relations or employee negotiations;
(e) Litigation or potential litigation, including matters before administrative tribunals, affecting the City or a local board;
(f) Receiving advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
(g) Information explicitly supplied in confidence to the City or local board by Canada, a province or territory or a Crown agency of any of them;
(h) A trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the City or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
(i) A trade secret or scientific, technical, commercial or financial information that belongs to the City or local board and has monetary value or potential monetary value;
(j) A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the City or local board;
(k) Educating or training the members, provided that no member discusses or otherwise deals with any matter that materially advances the business or decision-making of the City, local board or committee; or,
(l) A matter for which Council, a board, a committee or other body has authorized a meeting to be closed under another Act.
(2) Council or a committee shall close a meeting to the public to discuss the following:
(a) A request under the Municipal Freedom of Information and Protection of Privacy Act; or,
(b) An ongoing investigation respecting the City, a local board or a city-controlled corporation by:
(1) the Ombudsman appointed under the Ombudsman Act,
(2) the City's Ombudsman; or,
(3) the City's Open Meeting investigator.
Origin
Summary
The purpose of this report is to amend City Council's Procedures with respect to the date of the first meeting of City Council and to reflect the subjects for which City Council may or shall close a meeting to the public. These amendments incorporate changes to the Municipal Elections Act, 1996 and the City of Toronto Act, 2006.
Background Information
https://www.toronto.ca/legdocs/mmis/2022/ex/bgrd/backgroundfile-228162.pdf
(July 5, 2022) Public Notice
https://www.toronto.ca/legdocs/mmis/2022/ex/bgrd/backgroundfile-228503.pdf