Status of Bill C-9, the Canada Marine Act -
Implications for the Port of Toronto
The Toronto Community Council recommends that:
(1) the Federal Government be advised of the Toronto Community Council=s position on Bill C-9, the Canada Marine Act;
(2) the Senate Committee be notified of the Toronto Community Council=s position;
(3) appropriate officials and Councillors from affected wards form a delegation to appear before the Senate Committee considering Bill C-9;
(4) the Senate Committee be requested to hold hearings in Toronto on the proposed Canada Marine Act;
(5) appropriate officials negotiate with the Federal Government on an alternative strategy for the administration of the Port and associated lands, beginning with an exemption from the proposed Canada Marine Act;
(6) appropriate officials prepare a full inventory, maps and an estimated evaluation of the value of the Toronto Harbour Commission=s land, and that this inventory and evaluation be made available to all Councillors as soon as possible.
(7) the Chief Financial Officer and Treasurer report to the Toronto Community Council concerning the impact on the assets of the City of Toronto which would result from the federal takeover of the Toronto Harbour Commission lands; and
(8) in the unfortunate event that the Bill C-9, the Canada Marine Act, is passed by the Senate, the Federal Government be requested to remove the provision which excludes elected Members of Council from serving on the new Port Authority.
The Toronto Community Council reports, for the information of Council, having:
(1) reiterated its opposition to the federal takeover of the important waterfront land;
(2) referred this matter to the next meeting of the Toronto Community Council for deputations and directed that marina users and all interests on the waterfront be so advised.
The Toronto Community Council submits the following report (January 20, 1998) from the Commissioner of Urban Development Services:
Purpose:
At the request of the Chair of the Toronto Community Council, I am informing you on the status of Bill C-9, the Canada Marine Act, comment on some of the implications of the proposed Act for the City, and outline the position of the former City of Toronto Council on this matter.
Source of Funds:
Not Applicable.
Recommendation:
It is recommended that this report be received for information.
Comments and/or Discussion and/or Justification:
Bill C-9, the Canada Marine Act, was passed by the House of Commons on December 4, 1997. The Bill is now before the Senate. The Act consolidates the federal legislation governing the establishment of port authorities, public ports and public port facilities and establishes a regulatory framework for the Federal government in relation to ports and harbours. The new Act proposes amendments to and repeals the existing Acts, including the Toronto Harbour Commissioners= Act 1911 and 1985. The main objective of the new Act is the creation of a system of ports which are competitive, efficient and commercially oriented.
The most significant impact of the new Act on the City will be the organizational structure affecting the Toronto Harbour Commissioners (THC). The THC will be replaced by the Toronto Port Authority having a seven member Board consisting of an appointee from the federal, provincial and municipal levels of government and four members nominated from the users of the Port. Currently, the THC consists of a five member Board with three appointees from the City. Provisions in the Act will permit the Toronto Port Authority to operate the port as well as hold and manage the lands it now owns. In addition, the new Act will allow a subsidiary of the Port Authority, established under the letters patent, to operate the airport. The Port Authority will be a federally affiliated body but will have to pay an annual stipend to the Federal Government based on gross tonnage values. The Port Authority will be required to make payments in lieu of taxes on all its land holdings. The THC does not pay realty taxes on any of the property it currently owns and occupies.
The previous City of Toronto Council opposed the introduction of the Canada Marine Act because it was assumed that the new Port Authority would be used by the Federal Government to gain control of the Port lands which were transferred by the THC to the Toronto Economic Development Corporation (TEDCO). The motions of the former City Council are attached and reflect Council=s position that it should negotiate, with the Federal Government, an alternative strategy for the administration of the Port and associated lands beginning with an exemption from the provisions of the new Canada Marine Act. Currently, there are four Ontario municipalities seeking a similar condition whereby the municipality would be given a Afirst right of refusal@ in accepting the organizational model offered by the Canada Marine Act.
The Senate resumes sitting in the first part of February 1998. There is no schedule or agenda available at this time. Bill C-9 could be referred to the Senate Transportation and Communication Committee where witnesses and/or submissions may be requested. However, any recommended changes to the Bill will require approval by the House of Commons. Otherwise, the Bill could be passed by the Senate sometime in March 1998.
Contact Name:
Joe D=Abramo
Telephone: (416) 392-7616
Fax: (416) 392-1330
E-Mail: jdabramo@city.toronto.on.ca
CCCC
Appendix I
City of Toronto Council Actions Concerning the Canada Marine Act
September 22, 1997
1. That Council re-affirm its position opposing the federal takeover of the port area and inform the Federal Government of our position.
2. That Council direct staff to map out a strategy for protection of the City=s control of this land.
3. That Council convene a meeting of federal Liberal Members of Parliament in the Metro Toronto Area with the Mayor of Toronto, the Mayors of the other Metro Municipalities, the Chair of Metro Council, and interested Councillors to discuss the future of the port area.
4. That the Federal Government be requested to exempt the Corporation of the City of Toronto and its successor from the provision of any legislation with intent similar to that set out in the ACanada Marine Act@ as considered by the last Federal Parliament@.
5. That the Federal Government be requested not to make changes to the current Port and its administration.
The Toronto Community Council also submits the following communication (January 16, 1998) addressed to Councillor Rae from Councillor Chow:
I am writing to request that the Canada Marine Act be added as an agenda item on the January 21, 1998 Toronto Community Council agenda. I would also ask that appropriate staff be requested to provide a status report detailing how the new legislation will impact the City of Toronto.
It is my understanding that the Canada Marine Act is presently before the Senate and therefore must be dealt with urgently if we are to have any further input.
This matter is of considerable significance to Toronto and especially the citizens living along the waterfront. The role of the port and the Island Airport continues to attract intense public interest because of the waterfront=s emerging role as a residential and recreational centre in the city. Any changes to the balance of use along the waterfront should be subject to extensive public consultation. Under the Canada Marine Act, with the port and airport being managed primarily by Federal appointees, the residents are very concerned about losing their opportunity to influence what happens to their communities on the waterfront.
Thank you for your consideration of this matter.
