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Required Changes to By-Laws of The
Metropolitan Toronto Housing Company Limited.
The Community and Neighbourhood Services Committee recommends the adoption of the following communication (December 5, 1997) from the Corporate Secretary, The Metropolitan Toronto Housing Company Limited:
The Board of Directors of The Metropolitan Toronto Housing Company Limited at its meeting held on December 5, 1997, had before it a report (November 24, 1997) from the Metropolitan Solicitor advising that the legislation creating the new City of Toronto will not affect the existence of the Housing Company (the Housing Company's sole shareholder will change from The Municipality of Metropolitan Toronto to the new City), but the Housing Company's by-laws should be amended to reflect the existence of the new City and its officers and organization as of January 1, 1998; submitting a draft of By-law No. A-15 in this regard; and recommending that:
(1) the draft amending by-law attached to this report be enacted as a by-law of the Housing Company;
(2) the amending by-law enacted pursuant to Recommendation No. (1) be forwarded to the Clerk of the new City of Toronto for confirmation by the Council thereof; and
(3) the appropriate members of the Housing Company staff be authorized to take the necessary action to give effect to Recommendation No. (2).
The Board of Directors adopted, without amendment, the aforementioned report.
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(Report dated November 24, 1997, addressed to the
Board of Directors, The Metropolitan Toronto Housing Company Limited,
from the Metropolitan Solicitor)
Purpose:
To amend, as of January 1, 1998, those provisions of the by-laws of the Housing Company which make reference to the Metropolitan Corporation, its officers or its organization effective so that the references are instead to the new City of Toronto, its officers and its organization.
Recommendation:
It is recommended that:
(1) the draft amending by-law attached to this report be enacted as a by-law of the Housing Company;
(2) the amending by-law enacted pursuant to Recommendation No. (1) be forwarded to the Clerk of the new City of Toronto for confirmation by the Council thereof;
(3) the appropriate members of the Housing Company staff be authorized to take the necessary action to give effect to Recommendation No. (2).
Background:
The legislation creating the new City of Toronto will not affect the existence of the Housing Company (the Housing Company=s sole shareholder will change from The Municipality of Metropolitan Toronto to the new City), but the Housing Company=s by-laws should be amended to reflect the existence of the new City and its officers and organization as of January 1, 1998.
Discussion:
Section 1 of the draft amending by-law contains the amendments relating to organizational By-law No. A-1, as follows:
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Draft by-law |
Organizational By-law No. A-1 |
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1(1) |
New clause 1(1)(b.1) is inserted to define City.
In clause 1(1)(d), the reference to Metropolitan Corporation with respect to the Council is altered to ACity.@
Clause 1(1)(f) defining Metropolitan Corporation is repealed. |
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1(2) |
Reference to North York in the Municipality of Metropolitan Toronto is deleted from subsection 2(1) specifying location of registered office where Housing Company=s books and records must be kept. |
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1(3) |
References to Chairman in clause 3(2)(a) and area municipality in subclause 3(2)(d)(ii) are replaced by Mayor of the City of Toronto and City of Toronto respectively. |
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1(4) |
Subsection is 7(2) re-enacted to refer to the City of Toronto and its Clerk rather than the Metropolitan Corporation and the Metropolitan Clerk. |
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1(5) |
Reference to Metropolitan Corporation is changed to City of Toronto in connection with allotment of capital stock. |
Borrowing By-law No. A-2 contains no Metropolitan references and requires no changes.
By-law No. A-3 (financial matters) is dealt with in section 2 of the draft amending by-law: clause 3(1)(b) is reworded to correct the name of the Ministry and to specify debentures of the new City of Toronto or any of its corporate predecessors (i.e., the Metropolitan Corporation and any of the area municipalities) rather than only those of the Metropolitan Corporation as eligible investments for Housing Company reserve accounts.
By-law No. A-4 (Housing Company officers) is dealt with in section 3 of the draft amending by-law, as follows:
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Draft By-law |
Officers By-law No. A-4 |
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3(1), (2) |
Subsections 1(1) and (2) are reworded to refer to City of Toronto officers, social programmes and committees in connection with the office and responsibilities of the Executive Vice-President. |
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3(3), (4) |
Subsections 2(1) and (4) and clause 2(5)(c) are reworded to refer to the City of Toronto and its administrative structure in connection with the office and responsibilities of the General Manager. |
By-laws Nos. A-5 to A-7 are all amending by-laws and require no amendment.
Procedural By-law No. A-8 is dealt with in section 4 of the draft amending by-law: the references to The Municipality of Metropolitan Toronto are changed to City of Toronto in subclause 12(1)(a)(ii) [independence of a majority of the Finance Committee members from the shareholder], in subsection 12(2) [newly appointed Finance Committee after every annual meeting] and in subclause 12(4)(a)(v) [review by the Finance Committee of points raised by the auditor of the shareholder].
By-law No. A-9 (disposition of real estate) is dealt with in section 5 of the draft amending by-law: clause 1(d) is reworded so that the Act in which land is defined is the Municipal Act rather than the Municipality of Metropolitan Toronto Act, and the reference for rates charged for document copying in subsection 4(4) is changed from The Municipality of Metropolitan Toronto to the City of Toronto.
The remaining by-laws of the Housing Company are amending by-laws requiring no change.
Section 6 of the draft amending by-law provides that the amending by-law is to come into force on January 1, 1998.
Although every by-law passed by the Board of Directors becomes effective in accordance with its terms as soon as it is passed, its effectiveness will cease unless the by-law is confirmed at the next shareholders= meeting, which in the case of the Housing Company is a meeting of its shareholders= Council at which shareholder functions with respect to the Housing Company are carried out. Recommendation No. (2) therefore calls for transmittal of the enacted by-law to the Clerk of the new City for confirmation by the new Council in due course.
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DRAFT
THE METROPOLITAN TORONTO HOUSING COMPANY LIMITED
By-law No. A-15
BE IT ENACTED as a By-law of the Company as follows:
1. (1) Section 3(2) of By-law No. A-1 is amended by:
(a) inserting immediately following clause (b) thereof the following new clause (b.1):
(b.1) ACity@ means the City of Toronto incorporated by the City of Toronto Act, 1997 (No. 1);
(b) striking out AMetropolitan Corporation@ at the end of clause (d) and substituting therefor ACity@;
(c) striking out clause (f) thereof.
(2) Subsection 2(1) of By-law No. A-1 is amended by striking out Aof North York in the Municipality of Metropolitan Toronto@ without replacement.
(3) Subsection 3(2) of By-law No. A-1 is amended by:
(a) striking out AChairman thereof@ at the end of clause (a) thereof and substituting therefor AMayor of the City@;
(b) striking out Aan area municipality of the Metropolitan Corporation@ in the first line of subclause (d)(ii) thereof and substituting therefor Athe urban area of the City@.
(4) Subsection 7(2) of By-law No. A-1 is amended by striking out that part thereof from and including AMetropolitan Clerk@ in the third line to and including AMetropolitan Council@ in the second last line and substituting therefor AClerk of the City to the members of such committee and in the documentation distributed by the said Clerk to the members of the Council@.
(5) Subsection 8(1) of By-law No. A-1 is amended by striking out AMetropolitan Corporation@ in the first line and substituting therefor ACity@.
2. Clause 3(1)(b) of By-law No. A-3 is amended by:
(a) striking out AMinistry of Housing@ in the third line and substituting therefor AMinistry of Municipal Affairs and Housing@;
(b) striking out AThe Municipality of Metropolitan Toronto@ in the third and fourth lines and substituting therefor Athe City of Toronto incorporated by the City of Toronto Act, 1997 (No. 1) or by any of the corporate predecessors of such City@.
3. (1) Subsection 1(1) of By-law No. A-4 is amended by striking out that part thereof from and including ACommissioner@ in the second line to the end of the subsection and substituting therefor AExecutive Commissioner, Community and Neighbourhood Services for the City of Toronto@.
(2) Subsection 1(2) of By-law No. A-4 is amended by:
(a) striking out that part of clause (a) from and including Aprogrammes@ in the first line to and including AMetropolitan Toronto@ in the second line and substituting therefor Asocial programmes provided the City of Toronto@.
(b) striking out AMetropolitan Council@ in the second line of clause (b) thereof and substituting therefor Athe Council of the City of Toronto@; and
(c) striking out that part of clause (c) thereof from and including AMetropolitan Corporation=s@ in the first line to and including ACouncil@ near the end of the second line and substituting therefor ACommunity and Neighbourhood Services Committee, Executive Committee and/or the Council of the City of Toronto@.
(3) Subsection 2(1) of By-law No. A-4 is amended by striking out that part from and including AHousing Division@ in the second and third lines and substituting therefor Adivision of the operating department of the City of Toronto responsible for housing accommodation@.
(4) Clause 2(5)(c) of By-law No. A-4 is amended by striking out AThe Municipality of Metropolitan Toronto@ in the last line and substituting therefor Athe City of Toronto@.
4. Section 12 of By-law No. A-8 as amended by By-law No. A-11 is further amended by striking out AMetropolitan Corporation@ wherever same appears in subclause (1)(a)(ii), subsection (2) and subclause (4)(a)(v) thereof and substituting therefor Athe City of Toronto@.
5. (1) Clause 1(d) of By-law No. A-9 is amended by striking out AMunicipality of Metropolitan Toronto Act@ and substituting therefor AAct@.
(2) Subsection 4(4) of By-law No. A-9 is amended by striking out AThe Municipality of Metropolitan Toronto@ in the second and third lines and substituting therefor Athe City of Toronto@.
6. This By-law shall come into force on the 1st day of January, 1998.
ENACTED this 5th day of December, 1997.
WITNESS the Corporate Seal of the Company.
PRESIDENT SECRETARY
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