TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on July 29, 30 and 31, 1998

CORPORATE SERVICES COMMITTEE

REPORT No. 11

1Acquisition and Disposal of Real Property

2Expediting the Disposal of Property and Reduction of Leased Space

3Conditions of Employment - Council Staff Members

4Benefits Package - Sun Life Insurance Company

5Separation Program - Breaks in Service

6Equal Opportunity - Anti-Discrimination Policy Requirements for Suppliers

7Review of Fair Wage Policy

8Impact of the City's Downsizing and Restructuring on Employment Equity Designated Groups and Full-Time Access and Equity Staff

9Line of Credit Guarantee - Young People's Theatre

10Disposition of Computers and Related Equipment

11Charging Additional Rents to Gross-Lease Tenants of the City

12Standardization of Parks Levy Appraisal Fee Structure (All Wards)

13City Centre Project Work Plan to Develop Proposals for a City Centre Complex at Toronto City Hall

14Purchase of Surplus Density from City-Owned Land by Symphony Square Ltd. - 29 Lorraine Drive

15Portion of 28 Bathurst Street (Rear of 51 to87 Niagara Street) Declaration as Surplus(Ward 20 - Trinity-Niagara)

16734 Woburn Avenue - Proposed Purchase of Land from Angela and Patrick McMahon, for Parks Purposes (Ward 9 - North York Centre South)

17800 Fleet Street - Use of Parking Lot for Fort York Festival (Ward 24 - Downtown)

18Sale of Surplus Spadina Project Property at 565 Arlington Avenue(Ward 28 - York Eglinton)

19Sale of Surplus Spadina Project Property at 109 Everden Road(Ward 28 - York Eglinton)

20Sale of Surplus Property at175 Strathearn Road(Ward 28 - York Eglinton)

21Sale of Surplus Property at24 Gloucester Grove(Ward 28 - York Eglinton)

22Sale of Surplus Property at103 Everden Road(Ward 28 - York Eglinton)

232-4 Sheppard Avenue East, Sheppard Centre Sheppard Subway - Acquisition of Property Interests Royal Trust Corporation of Canada (Ward 10 - North York Centre)

24Expropriation of Property Interests Sheppard Subway Project - Service of Offers of Compensation Pursuant to Section 25 of the Expropriations Act -Various Owners - (Ward 10 - North York Centre and Ward 12 - Seneca Heights)

25Acquisition of 40 Wabash Avenue for a Municipal Recreation Facility - Advancing the Closing Date and Approval of a Lease back from the City of Toronto to Jodno Limited(Ward 19 - High Park)

26Signboard Locations on City-Owned Property,(High Park, Davenport, Midtown, Downtown, Don River)

27Proposed Encroachment Agreement for Eavestrough Dieppe Park, East York(Ward 1 - East York)

28Proposed Encroachment Agreement for an Existing Industrial Building at42-50 Continental Place, Scarborough(Ward 14 - Scarborough Wexford)

29Proposed Encroachment on City Sewer Easement1666 O'Connor Drive, City of Toronto(Ward 11 - Don Parkway)

30Acquisition of 168 Bathgate Drive from Mary Bilkey (Ward 16 - Scarborough Highland Creek)

31Proposed Property Disposal - S/S Unimproved French Avenue, Lot 29, Plan 2042(Ward 16 - Scarborough Highland Creek)

3271 Guestville Avenue - Renewal of Lease Hollis Resource Child Care Centre (Ward 27 - York Humber) 8484

33Lease Renewal at 605 Rogers Road6th Floor - Area Welfare Office "E",Social Services Division Community and Neighbourhood Services Department (Ward 27 - York Humber)

34Renewal of Lease from Ontario Realty Corporation Highland Creek Parkette (Ward 16 - Scarborough Highland Creek)

35Toronto Police Services Communications Tower at the West Side of Yonge Street South of Highway No. 401 (Ward 9 - North York Centre South)

36Proposed Limiting Distance Agreement Adjacent to 755 O'Connor Drive, East York(Ward 1 - East York)

37Acquisition of 196 Manor Road (Glebe Manor Lawn Bowling Club), (Ward 22 - North Toronto)

38Transfer of Parking Operations to the Toronto Parking Authority

3940 York Street (Municipal Carpark 52)Easement Agreement

40536 St. Clair Avenue West -Establishment of a 25-Space Surface Carpark

41Insurance Claim Settlement

42Purchase of Property in the City of Toronto for Parking Purposes

43Assignment of 50 Percent Interest in a Lease of Islington Subway Station Lands (Block W-38) at the Southeast Corner of Islington Avenue and Aberfoyle Crescent from the Mutual Life Assurance Company of Canada to Oxford Properties Group Inc.,(Ward 3 - Kingsway Humber)

44Encroachment Agreement for Shoring Caissons, Lagging and Tie-Backs at40 College Street - (Ward 24 - Downtown)

45219 Dufferin Street, Sale of Surplus City-Owned Property - (Ward 20 - Trinity-Niagara)

46Expropriation of Property Interests, Sheppard Subway Project - Yonge Station Marisa Construction Limited, 4711 Yonge Street (Ward - North York Centre)

47197, 197R and 201 Yonge Street and 170 Victoria Street Declaration as Surplus - (Ward 24 - Downtown)

48Proposed Closing and Conveyancing of Monarch Road (Davenport)

49Proposed Closing and Conveyancing of a Portion of Willard Gardens and a Portion of Briarcroft Road, Adjacent to Premises15 Briarcroft Road (High Park)

50CN Belt Line - Environmental Consultants Report - (Ward 28 - York Eglinton)

51Property Matter - The Old Canron Site at Lake Shore Boulevard East

52Other Items Considered by the Committee

City of Toronto

REPORT No. 11

OF THE CORPORATE SERVICES COMMITTEE

(from its meeting on July 20, 1998,

submitted by Councillor Dick O'Brien, Chair)

As Considered by

The Council of the City of Toronto

on July 29, 30 and 31, 1998

1

Acquisition and Disposal of Real Property

(City Council on July 29, 30and 31, 1998, amended this Clause by amending Recommendation No.(1) (a) of the Corporate Services Committee by adding the words "and respective Councillors" after the words "other departments", so that such Recommendation now reads as follows:

"(1)amending Appendix 'C' embodied therein, entitled 'Processes for Declaring Properties Surplus', by:

(a)adding to Section (2) the following, '(f) achieving social objectives', so that Section (2) now read as follows:

'(2)a review to be undertaken by the Facilities and Real Estate Division, consulting with other departments and respective Councillors, to determine applicable considerations, including the following:

(a)any utilities on the lands;

(b)development potential;

(c)economic development potentials;

(d)environmental issues;

(e)other potential cost and budget considerations, such as capital budget impacts; and

(f)achieving social objectives.' ")

The Corporate Services Committee recommends the adoption of the report (May 11, 1998) from the Commissioner of Corporate Services, subject to:

(1)amending Appendix 'C' embodied therein, entitled "Processes for Declaring Properties Surplus", by:

(a)adding to Section (2) the following, "(f) achieving social objectives", so that Section (2) now read as follows:

"(2)a review to be undertaken by the Facilities and Real Estate Division, consulting with other departments to determine applicable considerations, including the following:

(a)any utilities on the lands;

(b)development potential;

(c)economic development potentials;

(d)environmental issues;

(e)other potential cost and budget considerations, such as capital budget impacts; and

(f)achieving social objectives.";

(b)amending Section (3) as follows:

(i)deleting from Part (b) the following words, "if no interest is indicated, circulation is then made", and inserting in lieu thereof the word "circulation"; and

(ii)adding thereto the following new Part (c):

"(3) (c)use by a non-profit organization that supports a municipal purpose be considered as a potentially appropriate use at this time before it is finally declared surplus.",

so that Section (3) now read as follows:

"(3)a circulation to be undertaken to determine interest in potentially surplus properties:

(a)circulation by the Facilities and Real Estate Division to other divisions, departments and ABC's to determine any interest in the property to meet their needs;

(b)circulation to the Council Strategy Committee for Persons without Homes, and other such interests as Council may determine, from time to time;" and

(c)use by a non-profit organization that supports a municipal purpose be considered as a potentially appropriate use at this time before it is finally declared surplus."; and

(2)amending Appendix 'D' embodied therein, entitled "Processes for Acquisition", by adding to Section (1) the words "Ward Councillors and the" before the word "Executive Director" so that Section (1) now read as follows:

"(1)notice is to be given to the Ward Councillors and the Executive Director of Facilities and Real Estate that a department or ABC requires property."

The Corporate Services Committee reports, for the information of Council, having requested the Commissioner of Corporate Services to submit directly to Council, for its meeting scheduled to be held on July 29, 1998, a revised Appendix "C", incorporating the recommendations approved by City Council on June 3, 4 and 5, 1998, respecting this matter.

The Corporate Services Committee submits the following report (May 11, 1998) from the Commissioner of Corporate Services:

Purpose:

In this report, the Commissioner of Corporate Services makes recommendations on processes to be used by the new City of Toronto for the acquisition and disposal of real property, and the City Solicitor submits the necessary bill to bring the foregoing into compliance with required law.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

It is recommended that:

(1)the processes for the acquisition and disposal of real property, as set out in this report, be endorsed and supersede and replace any authorities, policies and procedures of the seven former municipalities that relate to these matters;

(2)the Commissioner of Corporate Services report on policies for approval by City Council on the allocation of property assets to meet objectives of the City, such as promotion of affordable housing and cultural initiatives;

(3)authorization be granted for the delegation of real estate/property matters in accordance with the particulars set out in Appendix A-1 of this report;

(4)the procedures governing the sale of real property as set out in the draft Bill attached to this report as Appendix B-1 be adopted;

(5)the administrative procedures governing the sale of real property attached as Appendix B-2 to this report be received for information;

(6)for the marketing of:

(a)commercial and special purpose properties, authorization be granted for a prequalification process to establish a roster of real estate brokers, such roster to be used on a rotational basis; and

(b)residential real estate, the Commissioner of Corporate Services or her designate be authorized to select real estate brokers active in residential listings, in accordance with the criteria listed in this report;

and the Commissioner of Corporate Services or her designate be authorized to execute the relevant listing agreements with the real estate broker;

(7)the Commissioner of Corporate Services be authorized to negotiate a commission fee, at her sole discretion, for any professional services from Real Estate Brokers;

(8)the Commissioner of Corporate Services report on:

(a)the appropriate roles and responsibilities of City Council and staff with respect to real estate matters for the ABC's;

(b)how applications for encroachment can be most effectively dealt with; and

(c)the effectiveness of the processes recommended in this report in one year's time;

(9)upon enactment, the disposal by-law proposed in this report shall supersede and replace the by-laws of the seven previous municipalities governing the sale of real property;

(10)authority be granted for the introduction of any Bills necessary to give effect to the foregoing; and

(11)the appropriate City officials be authorized and directed to take the necessary action to give effect to the foregoing.

Council Reference/Background/History:

This report responds to a number of requests, outlined below, that relate to real estate processes to provide a comprehensive framework for the consideration by City Council:

(A)at its meeting of March 3, 1998, the Budget Committee requested reports on the disposition of properties (both leased and owned), the establishment of a "disposal unit" to expedite the disposal process, and on the work to be done by external consultants;

(B)City Council, at its meeting of April 16, 1998, in considering Clause No. 2 of Report No. 3 of the Toronto Community Council, entitled "Expropriation of Private Lane - Rear of 58-66Williamson Road and 252 to 256 Glen Manor Drive (East Toronto)", requested the Chief Administrative Officer, the Chief Financial Officer and Treasurer and the Commissioner of Corporate Services to report to the Corporate Services Committee "on a mechanism to incorporate uniformity in the handling of real estate transactions, whether it be through expropriation, sale or some other method"; and

(C)City Council, at its meeting of April 16, 1998, referred back the report (March 25, 1998) of the Commissioner of Corporate Services, entitled "Delegation of Authority to Approve Various Real Estate Matters", for further consideration and also decided that the Council Strategy Committee for Persons without Homes be offered the opportunity to provide input on the sale of properties, when such matters are considered by the Committee.

Comments and/or Discussion and/or Justification:

The establishment of a procedural framework for the disposal of real property assets for the new City is urgently required to meet corporate objectives and to have one common set of procedures. Up to now, the processes and bylaws of the former municipalities have been in effect.

(1)Meeting Corporate Objectives:

(a)Disposal of property to increase revenues:

The Budget Committee has directed that the sale of City property be treated as a priority. A separate report (May 11, 1998) from the Commissioner of Corporate Services entitled "Expediting the Disposal of Property and the Reduction of Leased Space" is also before your Committee.

In 1997 the combined property sales in the former municipalities totalled $30 million. Staff have proposed a target of potential revenues of $60 million for 1998, to be met through:

(i)sales closed this year to date ($9.86 million);

(ii)sales in progress ($11.66 million);

(iii)sale of the over 160 properties have already been declared surplus, including houses acquired for the Spadina Expressway and Scarborough Transportation Corridor, 45 vacant properties and other industrial and commercial properties;

(iv)sales from additional properties, 120 of which already identified in preliminary analysis by staff as possible to be recommended to be declared surplus; and

(v)additional properties that will be identified as a result of the space rationalization studies now underway for office space and yards.

In addition, the costs of leased office space (now $19 million a year) is being reduced by relocating functions to space owned by the City. Some leased space will continue to be required as some community based functions must be located where no City-owned property is available. To date a reduction of at least $2 million in lease payments is anticipated for 1999.

(b)Ensuring a corporate approach:

In accordance with the Procedural By-law, the Corporate Services Committee is the Committee which considers all significant real estate matters. As proposed below, some minor and administrative matters are proposed to be delegated to the Chief Administrative Officer and the Commissioner of Corporate Services. In addition, a senior staff committee, the Property Management Committee, will review all significant requests for allocation of property, acquisition of new property and potential properties for disposal, prior to submission of reports to the Corporate Services Committee. The Committee will also include representation from the ABC's to ensure all City-owned real estate is considered.

(c)Achieving social objectives:

Council may decide to achieve certain policy objectives through the allocation of property, such as the provision of land for affordable housing. For example, the former Metro process ranked social housing needs equally with those of internal operating departments in considering the allocation of property, and in addition, before offering property on the open market, gave consideration to requests from cultural, race relations or community service organizations that supported a municipal program. The new City Council has established one such priority by directing that the Council Strategy Committee for People without Homes be offered an opportunity for input into the process of property disposition at such time as a report is submitted to the Corporate Services Committee.

The Commissioner of Corporate Services should be requested to report to the Corporate Services Committee on all policy issues affecting the allocation of city property. In the interim, these policy priorities will be addressed by including a step in the report circulation process to determine departmental and other interests before a report is submitted to the Corporate Services Committee recommending that a property be declared surplus. AppendixC to this report, setting out the process for disposition of property, includes this step.

(d)Reducing the workload of Council by delegating authority to approve minor real estate matters to staff:

The report (March 25, 1998) from the Commissioner of Corporate Services, recommended the delegation of approval authority over various property matters. In response to the concerns expressed by Council, the report before Committee today recommends the establishment of a simplified, uniform City-wide process. Since the date of my March 25, 1998 report, revisions to the suggested delegations of authority have been made and it is therefore recommended that this report supersede and replace my March 25, 1998, report.

Various types of real estate/property matters, often routine in nature and/or very minor in dollar amounts, can lengthen Committee and Council agendas which, in turn, results in delays in implementing the necessary transactions and/or documentation.

Staff have accordingly turned their mind to assessing which of the wide array of property matters (transactions and documentation) should be delegated by Council to staff, at the levels of the Chief Administrative Officer and Commissioner of Corporate Services depending on the nature of the transaction and the dollar value in question. The chart attached as Appendix A to this report, reflects the proposed delegations of authority to approve various property transactions and/or documentation.

The documentation required to implement the transactions(s) in question will be prepared in accordance with terms and conditions satisfactory to the Commissioner of Corporate Services (including, where appropriate, relevant indemnities, both environmental and otherwise, and standard insurance provisions satisfactory to the Commissioner of Finance), and in a form satisfactory to the Solicitor. Where the matter involves the needs of, or property under the jurisdiction of, an operating department, terms and conditions satisfactory to the Commissioner in question, will also be included. Dollar figures on the chart represent only "base" amounts and are not intended to include relevant taxes, operating costs, leasehold improvements, etc.

The approval of various types of encroachment agreements (on City property, including roads, parks, etc., and by the City onto private property) will be the subject matter of a future report once pre-existing policies and practices have been rationalized, and the jurisdiction of the Community Councils in these matters is clarified.

If, in any particular circumstance, a transaction otherwise having been delegated to staff for approval is of such special interest that same should receive the consideration of Committee and Council, a determination may be made to return such item to the Committee/Council approval process for consideration.

The proposed delegation of authority to approve various real estate matters as reflected in the appended Chart will relieve Committee/Council Agendas of minor items, expedite approval of the proposed transactions and/or documentation, while, at the same time, ensuring that Council retains decision-making control over significant property matters.

(2)Disposal Processes:

(i)A New Disposal By-law:

Prior to 1994, Section 193 of the Municipal Act provided that the time, manner and price at which property was sold by the municipality or the purchaser thereof was not open to question or review by a court if the parties acted in good faith. However, in 1994, as part of a provincial initiative promoting accountability in local government, the provisions, of section 193 of the Municipal Act relating to the sale of property, were enacted to provide that each municipality follow certain mandatory procedures and enact a by-law governing the sale of real property. Municipalities are now required to follow significant procedural steps when disposing of real property, in the interest of ensuring wider public awareness of surplus municipal property and its proposed disposal. Moreover, the manner of carrying out the sale of a property, which includes leasing property out for 21 or more years, must be "consistent" with the municipality's by-law respecting procedure for sale of land and with section 193 before it is beyond the courts' review powers.

The mandatory procedural requirements are summarized as follows:

(a)a by-law must be enacted (and adhered to) establishing procedures governing the sale of real property;

(b)before selling real property, the Council must:

(i)declare the property surplus by by-law or resolution passed at a meeting open to the public; and

(ii)obtain at least one appraisal of the fair market value of the land (unless the property or transferee is in an exempt class as defined by Regulation); and

(c)a public register must be established and maintained listing all real property owned or leased by the municipality (unless exempted).

The only mandatory component of the by-law is that it must contain procedures for the giving of notice to the public of the proposed sale. Unlike the requirements for an appraisal or a listing in the public register which in certain cases are made inapplicable by Regulation, there is no power granted to the Minister to make regulations dispensing with the giving of public notice of a proposed sale. Accordingly, all intended sales of surplus property must be the subject of a notice to the public. The only exception to the requirement of public notice of a proposed sale is a sale pursuant to subsection210.1(3) of the Municipal Act in connection with the supply of a municipal capital facility. The notice is to be given before the municipality binds itself with respect to the sale of real property. The notice should be given only after Council has, at a public meeting, declared the real property to be surplus.

The by-laws enacted by the "old" municipalities comprising the new City of Toronto in compliance with the statutory requirements, had some variations among them. Legal and Real Estate staff have resolved upon the proposed form of by-law attached to this report as Appendix B-I as the recommended amalgam of the preferred portions of the by-laws of the former municipalities. Upon enactment, this by-law would then supersede and replace all the by-laws governing the sale of real property of the former seven municipalities.

In conjunction with the legislative requirements, administrative procedures will be implemented to ensure consistent, uniform compliance with the provisions in the statute and the by-law by various City officials, the intended procedures being set out in Appendix B-II to this report. The existing Regulation exempting certain types of sales from the requirement for an appraisal, and certain classes of real property from being listed in the public register, is reproduced in Appendix B-III to this report.

(ii) Processes for Determining a Property to be Surplus:

The steps for the disposal of property are included in Appendix C. They include: a review by staff of any issues and considerations; a circulation of notice to departments and ABC's and, as well as to organizations and agencies identified by City Council to meet its objectives as it determines from time-to-time; a resolution of conflicting interests by a senior staff "property management committee", and finally a report by the Commissioner of Corporate Services to the Corporate Services Committee on the recommended disposition.

The process also includes ensuring that each Ward Councillor receives early information about properties that are being recommended to be declared surplus and to be sold.

(iii)Expediting the Disposal Processes for Properties Declared Surplus:

This matter is more fully discussed in the report (March 11, 1998), "Expediting the Disposal of Property and the Reduction of Leased Space". A staff "disposal unit" has begun operating, consisting of a director from a former municipality and four valuator/negotiators has been established within the amalgamated Real Estate Services group. Legal staff have been assigned to assist in completing the disposals.

The group will initially concentrate its efforts on the disposal of properties already declared surplus. These include the Spadina and Scarborough Expressway houses. A separate report (May 11, 1998) from the Commissioner of Corporate Services entitled "Surplus Properties within the "Spadina Corridor" and "Scarborough Transportation Corridor", also before you for consideration today, recommends a disposal process for these properties. In addition the unit will have responsibility for the disposal of the Cityhome " Property Houses", of the former City of Toronto. The disposal program is described in the report (May 11, 1998) from the Commissioner of Corporate Services entitled "Sale of Property Houses" also before your Committee for consideration today.

The use of real estate brokers to assist staff was common in the former municipalities. Some had rosters, established through a prequalification process for various special purpose or complex properties were involved. To ensure fairness of access to City business, it is recommended that a roster of real estate brokers be established in order to ensure adequate services for all types of properties across the City. Brokers will be utilized on a rotational basis within the prequalified groups.

However, when dealing with single-family residential properties, knowledge of the local market and access to the Toronto Real Estate Board's (T.R.E.B.) Multiple Listing Service are particularly important. The primary advantages of listing with Real Estate Brokers are savings in staff time and resources and the ability to show properties during evening and weekend hours generally preferred by prospective home buyers. Also, the use of Real Estate Brokers allows staff to manage the sale of a large portfolio of properties simultaneously. Listing directly with T.R.E.B. permitted greater control of our administrative and sales processes and alleviated difficulties concerning selection of Brokers.

At present, in order to ensure each Real Estate Broker a fair and equal opportunity to list a City-owned property, the criteria approved by the former Metro is similar to that applied more informally by other municipalities, and should be used by the new City:

(a)the Real Estate Broker's firm must be licensed and a member in good standing with the T.R.E.B. and as such would have access to the services of the M.L.S.;

(b)the Real Estate Broker's firm must have an office within reasonable proximity to the property or properties being offered in order to service the listing in a proper, timely and efficient manner;

(c)the Real Estate Broker's firm must be readily accessible to the general public and other Members of the Board for the purpose of conducting open houses, showing the property to prospective purchasers, and to receive offers without any undue travel restrictions;

(d)the Real Estate Broker's firm must, at the sole discretion of the Commissioner of Corporate Services, provide as requested, open houses, T.V. advertisements, ad copy, weekly status reports, and any other marketing activity or criteria involved in the sale of the property; and

(e)the Real Estate Broker's firm must have expertise in engaging in the services we require for a specific property type.

Qualified brokers, as determined by the Commissioner of Corporate Services, are randomly selected on a lottery basis by staff. Once a Broker has listed a property and there remains other qualified Brokers in the area, the original Broker's firm is removed from the lottery pool for a period of one year.

(iv)Expediting the sale of additional properties:

Real Estate staff have been developing a list of potentially surplus properties to recommend to the Corporate Services Committee following the process set out in Appendix D. Over 160properties have been identified that could be sold in the near future, many of them vacant. Others to be reported on include:

(a)properties that are to be sold as part of the City's major corporate initiatives, such as the development of the Downsview lands and the disposal of some properties in the Scarborough Transportation Corridor, but where current planning studies must be completed before the properties are declared surplus;

(b)properties that will be released though functional amalgamation and the space rationalization process; and

(c)properties should be reviewed to ensure they are still needed for the purpose for which they were acquired.

(v)Reserve Fund for Revenues from the Sale of Property:

The Chief Financial Officer is reporting separately on the establishment of reserve funds for revenues from the sale of assets, and will be consulting with the Commissioner of Corporate Services in such reporting.

(3)Process for Acquisition of Property:

The statutory powers of municipalities to acquire property is limited to such property as is required for municipal purposes. Appendix D of this report sets out the process for acquisition. To assist with reducing the City's expenditures at this time, any need for new property must be reviewed to ensure existing assets are being used effectively. Prior to any reporting to the Corporate Services Committee, the staff Property Management Committee will coordinate requests and resolve conflicting needs.

(4)Process for Leasing Property:

The processes for leasing property for City use and leasing out City-owned property for other uses are set out in Appendix E to this report. In general, the City's objectives at this time are to maximize returns on space it leases out and to reduce the leased space needed by the City departments by finding space in City-owned properties. Therefore, all requests for leased space should be processed centrally by the Facilities and Real Estate Division to ensure that any appropriate available space is used prior to leasing space from others. The Property Management Committee will be reviewing progress to ensure that existing leased space is being collapsed wherever possible, and as the administrative amalgamation and downsizing continues and the corporate office space needs are more fully understood, further opportunities for the rationalization of leased space are undertaken.

The process for leasing space at nominal rates to non-profit groups is the subject of a separate report (May 11, 1998) entitled, "Use of City Property by Non-Profit Corporations at Below Market Charges", also before the Corporate Services Committee.

(5)Matters for Further Consideration:

There are additional areas where reports on policies and procedures will be brought forward. For example, the roles and responsibilities of the ABC's and their staff in relation to property matters should be reviewed and be subject of a further report.

The Commissioner of Corporate Services has engaged an external search consultant to assist in the recruitment of the Executive Director for Facilities and Real Estate both externally and internally. This process is anticipated to take several months and in the meantime, an interim lead for the Facilities and Real Estate will work with staff teams to deliver the programs.

Conclusions:

The procedures set out in this report will ensure that appropriate properties are selected to be purchased, leased, declared surplus and sold in accordance with applicable law, while ensuring that corporate objectives are being met. The recommended by-laws and procedures reflect the best practices of the previous seven former municipalities. A review should be undertaken in one year's time to ensure that the recommended processes are meeting the new City's operational needs and financial goals while attaining the desired level of efficiency.

Contact Name:

Cathie Macdonald, Interim Lead Facilities and Real Estate: 392-0449, Fax 392-0029.

APPENDIX B-I

DISPOSAL BY-LAW

Authority:Corporate Services Committee

Report No. ( ), , 1998

Intended for first presentation to Council:May , 1998

Adopted by Council:

CITY OF TORONTO

BILL No.

BY-LAW No.

To establish procedures governing the sale of real property.

The Council of the City of Toronto HEREBY ENACTS as follows:

1.In this By-law

(a)"Act" means the Municipal Act, R.S.O. 1990, c. M.45 and includes Regulations made thereunder;

(b)"appraisal" means written opinion of value providing information sufficient to satisfy the Commissioner that the opinion is reasonable;

(c)"City" means the City of Toronto;

(d)"Commissioner" means the Commissioner of Corporate Services and includes his/her designate;

(e)"Council" means the Council of the City of Toronto;

(f)"land" means land as defined in the Act;

(g)"Public Land Register" means the public register of all real property owned or leased by the City, maintained in accordance with section 5 as required by, and subject to all exceptions in, the Act;

(h)"purchaser" means any person who enters into an agreement with the City to acquire a site by way of a sale;

(i)"real property" means land which is owned by the City and includes land which is owned by its Agencies, Boards or Commissions, the jurisdiction for the sale of which has been transferred to the City;

(j)"sale" means any agreement to sell real property including a disposal by way of a lease of 21 years or longer;

(k)"site" means an identified or identifiable parcel of real property; and

(l)"surplus" means real property which is no longer required by the City for municipal purposes.

2.The Commissioner, on the advice of the Property Management Committee, shall be responsible for reporting on sites which are surplus and the manner or process by which the sale of the site will be carried out.

3.(1)Where Council has

(a)declared a site to be surplus in accordance with the Act, and

(b)approved the manner or process by which the sale of the site will be carried out,

the Commissioner shall give notice to the public of the proposed sale in accordance with this section.

(2)Notice to the public of a proposed sale of a site shall be given by at least one of the following methods, as the Commissioner may deem reasonable in the circumstances:

(a)by posting a clearly visible sign on the site for a period of not less than 7 days;

(b)by distribution by regular mail or hand delivery of a communication in writing to owners and tenants as shown on the latest revised assessment roll, of properties within 100 metres of the site; or

(c)by publication in a newspaper having circulation in the area of the site.

(3)The requirements of subsection (2) are minimum requirements and the Commissioner is authorized to give notice to the public of a proposed sale in any extended manner if, in the opinion of the Commissioner, such extended manner is reasonable and necessary in the circumstances.

(4)In addition to the notice required by subsection (2), notice to the public of a proposed sale shall be posted by the Clerk in the office where the Public Land Register is maintained.

(5)A notice of proposed sale given under clauses (2)(b) or (c) and subsection (3) of this section 3 shall contain at least the following information:

(a)a general description of the manner by which the sale will be carried out;

(b)location of the site by reference to municipal address or legal description or both;

(c)approximate size of the site by reference to dimensions and area, or both, and a brief description of any buildings or other improvements situate thereon;

(d)the date the real property was declared surplus;

(e)the name, title, address and telephone number of the City official(s) having information about the proposed sale; and

(f)the latest date by which enquiries may be made of any official described in clause (e).

(6)A notice of a proposed sale given by posted sign under clause (2)(a) shall contain at least the information described in clauses (5)(a) and (e) of this section 3.

4.(1)The Commissioner shall be responsible for having an appraisal prepared prior to the consideration by Council of authorization of the sale of any site except in those cases where an appraisal is not required by the Act.

(2)The Commissioner shall provide the City Clerk with sufficient information to permit the Clerk to issue a certificate in accordance with subsection 193(9) of the Act.

5.(1)The Public Land Register shall be made available to the public through the office of the City Clerk.

(2)The information necessary to maintain the Public Land Register shall be provided to the City Clerk by the Commissioner.

(3)The Public Land Register shall contain the following information with respect to each site listed therein:

(a)the municipal address or a description of the location by reference to public highways within the City;

(b)approximate size by reference to dimensions or area, or both; and

(c)whether the site is owned by or leased to the City.

(4)The Public Land Register may for any site contain any information additional to that described in subsection (3) which the Commissioner considers relevant, including

(a)a legal description,

(b)a description of any improvements thereto,

(c)whether Council has declared the site to be surplus, and

(d)whether the City, as owner, has granted a long-term lease or other right to occupy the site and, if so, the duration thereof.

(5)The City Clerk, on the advice of the Commissioner, shall delete all reference to a site in the Public Land Register following the completion of a sale thereof where the City retains no further ownership interest therein.

6.None of the provisions of this by-law shall apply to lands which are municipal capital facilities in accordance with subsection 210.1(3) of the Act.

7.This By-law shall be deemed to have come into force on the date of its enactment.

ENACTED AND PASSED this day of , A.D. 1998.

Mayor

City Clerk

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Appendix B - II

Administrative Procedures to be Followed by City Staff

for the Disposal of Real Property

(1)Following completion of the identification and canvassing process as authorized from time to time by Council, the initial Report to be taken to the Property Management Committee is to contain information and/or recommendations as follows (unless the disposal is of land under ss.210.1(3) of the Municipal Act or successor):

(a)a description of the property (including, where possible, a location sketch);

(b)a confirmation of appropriate "stopping up and closing" if the property formed a "highway" or part thereof;

(c)a declaration that the property is surplus to the needs of the City;

(d)any applicable compliance with s. 42 of the Expropriations Act or successor, which may include request for authority to dispose of the lands without giving the owner(s) from whom the land was originally taken the first chance to purchase the lands on the terms of the best offer received;

(e)any applicable compliance with s. 315 of the Municipal Act or successor relating to the requirement to extend certain rights to adjacent owners when selling former highways or portions thereof;

(f)the proposed method of disposition, which could delineate both general and specific terms of same including, for example:

(i)whether or not the property interest to be disposed of constitutes:

(A)a sale of the fee simple (stratified or otherwise);

(B)a lease where the term (including any rights of the tenant to options, extensions and/or renewals) is to be 21 years or longer; or

(C)an easement (including a description of the nature thereof);

(ii)the more specific parameters of the proposed disposition including, for example:

(A)any intention to transfer for nominal consideration;

(B)any applicable "reserve bid" (or suggested "set price" if the property in question is subject to the operation of s. 315 of the Municipal Act or successor);

(C)the fact of any existing right of any person(s) [whether under the Expropriations Act to "match" offers otherwise received, under the Municipal Act to entitlement of first refusal to accept Council's "set price", or otherwise] to gain priority of entitlement to acquire the property;

(D)closing dates;

(E)amount(s) of minimum deposit(s);

(F)term in years (if the property is a lease or other interest not in perpetuity);

(G)preconditions to closing;

(H)collateral obligations, etc.;

(I)statement of any proposal to negotiate exclusively with one or more particular person(s), or of any requirement to offer the property to any particular person(s) in accordance with s. 315 of the Municipal Act or successor;

(J)applicability of any general Council policy relating to the disposition of that type of property; and

(g)requesting authorization for the expenditure of funds necessary to comply with paragraph 2 below.

(2)Notice to the public, as determined by the Commissioner, is to be provided in accordance with the requirements of section 3 of By-law No. -98. (entitled "Procedures Governing The Sale of Real Property").

(3)In response to any enquiries received as a result of the notice referred to in paragraph 2. above, departmental staff is to provide information about the proposed sale of the property as is reasonably available.

(4)Prior to the consideration by Council of the report referred to in paragraph 5 below, at least one appraisal [as defined in clause 1(b) of By-law No. -98] of the fair market value of the real property will be obtained unless:

(a)the real property is of a class that is by statute exempt from such requirements; or

(b)the intended transferee is of a class that is by statute exempt from such requirement.

[As at the date of writing, only Ontario Regulation 815/94, a copy of which is attached, has been enacted, setting out various such exemptions.]

(5)Following the expiration of the latest date by which enquiries may be made of City officials as set out in the public notice referred to in paragraph 2. above, City staff is to give consideration to all of the offers/proposals received and formulate a recommendation, to be included into a second report which would be prepared, under signature of the appropriate Commissioner for the appropriate Standing Committee and, ultimately, Council, containing:

(a)confirmation that the public notice as required by By-law No. -98 had been provided;

(b)general information about the various offers/proposals which had been received;

(c)either

(i)in those situations where the method of disposition was a straightforward sale, lease or easement, and where the solicitation for offers was in such detail that a simple acceptance of the offer(s) by the City would be sufficient to constitute a binding agreement, a statement that one or more were acceptable "as presented"; or

(ii)in those situations which called for proposals or allowed for conditional offers, explanation as to what clarifications/negotiations had been undertaken; and

(d)the ultimate transaction recommendation, including the rationale therefor (particularly, of course, in those cases of a negotiated transaction).

(6)The Commissioner will forward to the Clerk a communication confirming that:

(a)the measures required for giving notice to the public required by By-law No. -98 have been carried out; and

(b)the appraisal required by subsection 4(1) of By-law No. -98 was obtained, or

(i)the property is of a prescribed class that does not require an appraisal;

(ii)the sale is to a prescribed public body that does not require an appraisal; or

(iii)the sale is in connection with acquisition of a municipal capital facility under section 210.1 of the Municipal Act,

to enable the Clerk to issue the Certificate referred to in subsection 193(9) of the Municipal Act, ultimately to be included by the City Solicitor in the Deed/Transfer of the property.

Dated: , 1998

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Appendix B - III

Ontario Regulation 815/94 Made Under the Municipal Act

Disposal of Property

(1)A municipality or local board may sell the following classes of real property without obtaining an appraisal under subsection 193 (4) of the Act:

1.Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act.

2.Highways, roads and road allowances.

3.Land formerly used for railway branch lines if sold to an owner of land abutting the former railway land.

4.Land that does not have direct access to a highway if sold to the owner of land abutting that land.

5.Land repurchased by an owner in accordance with section 42 of the Expropriations Act.

6.Land to be used for sites for the establishment and carrying on of industries and of industrial operations and incidental uses.

7.Land sold under sections 112, 112.1, 112.2 and 113 of the Municipal Act.

8.Easements granted to public utilities or to telephone companies.

9.Land sold under the Municipal Tax Sales Act.

(2)A municipality or local board may sell real property to the following classes of public bodies without obtaining an appraisal under subsection 193 (4) of the Act:

1.Any municipality, including a metropolitan, regional or district municipality and the County of Oxford.

2.A local board as defined in the Municipal Affairs Act.

3.An authority under the Conservation Authorities Act.

4.The Crown in Right of Ontario or of Canada and their agencies.

(3.)A municipality or local board is not required to list the following classes of real property in the public register established under subsection 193 (7) of the Act:

1.Land 0.3 metres or less in width acquired in connection with an approval or decision under the Planning Act.

2.All highways, roads and road allowances, whether or not opened, unopened, closed or stopped up.

3.Land formerly used for railway branch lines.

(4)This Regulation comes into force on the day section 55 of the Planning and Municipal Statute Law Amendment Act, 1994 comes into force

Dated: , 1998

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Appendix C

Processes for Declaring Properties Surplus

(1)notice be provided to the Executive Director of Facilities and Real Estate of a potentially surplus property, such as by means of :

(a)corporate asset reviews such as space rationalization;

(b)department reorganization, reduction in staffing or program change; and

(c)a new tax sale property.

(2)a review to be undertaken by the Facilities and Real Estate Division, consulting with other departments to determine applicable considerations, including the following:

(a)any utilities on the lands;

(b)development potential;

(c)economic development potentials;

(d)environmental issues; and

(e)other potential cost and budget considerations, such as capital budget impacts.

(3)a circulation to be undertaken to determine interest in potentially surplus properties:

(a)circulation by the Facilities and Real Estate Division to other divisions, departments and ABC's to determine any interest in the property to meet their needs; and

(b)if no interest is indicated, circulation is then made to the Council Strategy Committee for Persons without Homes, and other such interests as Council may determine, from time to time.

(4)reports are prepared and submitted under the following categories, with recommendations regarding determination, as appropriate:

(a)allocation to a department expressing the interest:

(i)report is submitted by the Executive Director to Property Management Committee on submissions of interest, with information as to the expressed interests;

(ii)decision is made by Property Management Committee for allocation, including resolution of conflicting interests; and

(iii)if no resolution by Property Management Committee, the decision is made by the CAO.

(b)allocation if interest expressed under 3.(b) above (organization supporting a municipal program):

(i)report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee on the proposed use; and

(ii)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, recommending that the property be declared surplus and that the property be allocated to the organization requesting it.

(c)disposal of a significant property where no public use identified:

(i)report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee on large, high profile properties; and

(ii)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendations of the Property Management Committee, to recommend that the property be declared surplus and be sold.

(d)disposal of other property where no public use identified:

(i)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, to recommend that the property be declared surplus and be sold.

(e)disposal of non viable sites where no public use identified:

(i)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, recommending that the property be declared surplus and sold to the abutting owner; and

(ii)if the owner is not interested, property is to be retained in the inventory for future consideration.

(f)retention for potential longer term need by the City:

(i)report is submitted by the Executive Director of Facilities & Real Estate to the Property Management Committee regarding the long term and interim use for the property, such as leasing; and

(ii)report is submitted by the Commissioner of Corporate Services to the Corporate Services Committee, on the recommendation of the Property Management Committee, if required, such as for a major corporate initiative.

(5)staff of the Facilities and Real Estate Division provides the ward councillor with a copy of the signed report that will be on the agenda of the Corporate Services Committee.

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Appendix D

Processes for Acquisition

(1)notice is to be given to the Executive Director of Facilities and Real Estate that a department or ABC requires property.

(2)review is undertaken by the Facilities and Real Estate Division of potential properties, including properties already owned, including:

(a)costs;

(b)environmental issues; and

(c) appropriateness for needs identified.

(3)reports are prepared, with recommendations as appropriate:

(a) if purchase price is under $500,000.00 and funding is approved in the budget:

(i)report is submitted by the Commissioner of Corporate Services to the Property Management Committee on alternatives and recommendation; and

(ii)decision is made by the CAO, on recommendation by the Property Management Committee.

(b)if costs over $500,000.00 and funding is approved in the budget:

(i)report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee on alternatives and recommendations; and

(ii)joint report, including recommendation of the Property Management Committee, is submitted by the relevant department or ABC and the Commissioner of Corporate Services to the Corporate Services Committee.

(c)if funding has not yet been approved:

(i)report is submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee on alternatives and recommendation; and

(ii)a joint report, including recommendation of the Property Management Committee, is submitted to the Budget Committee for approval of funding.

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Appendix E

Processes for Leasing Property

(1)Process for Leasing Property by the City:

(a)notice to be provided to the Executive Director of Facilities and Real Estate by a department of a need for space;

(b)a review is undertaken of potential properties by the Facilities and Real Estate Division with the objective of using City owned space whenever possible;

(c)approval, including reporting is required, dependant on the relevant approval authority set out in Council's delegation of approvals for real property matters, for the terms and conditions of the lease, including reporting to the Property Management Committee;

(d)lease negotiations are undertaken by the Facilities and Real Estate Division; and

(e)reporting and approval as required, depending on the relevant approval authority under the Delegation By-law, for the terms and conditions of the lease.

(2) Process for Leasing City Property to Others:

(a)notice to be provided to the Executive Director of Facilities and Real Estate, such as through:

(a)corporate review of portfolio; and

(b)temporary changing needs of department.

(2)a report to be submitted by the Executive Director of Facilities and Real Estate to the Property Management Committee identifying new opportunity to lease property and rational for doing so.

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The Corporate Services Committee reports, for the information of Council, having also had before it the following communications and report:

(i)(April 21, 1998) from the City Clerk, advising that City Council at its meeting on April16, 1998, had before it Clause No. 19 of Report No. 3 of The Corporate Services Committee, headed "Delegation of Authority to Approve Various Real Estate Matters"; and that Council directed that the aforementioned Clause be struck out and referred back to the Corporate Services Committee for further consideration, and further directed that the Council Strategy Committee for Persons Without Homes be offered the opportunity to provide input on the sale of the properties when such matters are considered by the Committee;

(ii)(May 12, 1998) from the City Clerk, advising that The Council Strategy Committee for People Without Homes, on May 11, 1998, considered the recommendations, as contained in Clause No. 19 of Report No. 3 of The Corporate Services Committee, headed "Delegation of Authority to Approve Various Real Estate Matters"; and that TheCouncil Strategy Committee for People Without Homes recommended:

(1)that the Commissioner of Corporate Services, as part of her report to the Corporate Services Committee regarding disposition of surplus lands, give consideration to the following:

(a)a mechanism needs to be created which will ensure that lands are evaluated for their potential to meet housing needs prior to their final disposition by the City of Toronto; and

(b)monies generated from the sale of surplus lands be held in a special fund, and that Council prioritize the disbursement of the said funds by targeting initiatives which assist currently homeless people, prevent people from becoming homeless, assist children living in poverty and provide assistance for housing initiatives;

(2)that the Corporate Services Committee consider the noted recommendations in conjunction with the said report from the Commissioner of Corporate Services and that the report and any subsequent recommendations also be considered by the Council Strategy Committee for People Without Homes; and

(3) that the Corporate Services Committee also be advised that the Council Strategy Committee for People Without Homes has reviewed the recommendations, as embodied in Clause No. 19 of Report No. 3 of The Corporate Services Committee, headed "Delegation of Authority to Approve Various Real Estate Matters", and advises of its concerns with regard to the lack of clarity contained in the recommendations and the accompanying tables;

(iii)(June 8, 1998) from the City Clerk, advising that City Council on June 3, 4 and 5, 1998, during its consideration of Clause No. 28 of Report No. 7 of The Corporate Services Committee, headed "Proposed Sale of Lot 198 - Woburn Avenue Registered Plan M-108 (Ward 9 - North York Centre South)", amongst other things, directed that:

"(3)the following motion be referred to the next meeting of the Corporate Services Committee to be held on June 22, 1998, for consideration with the report from the Commissioner of Corporate Services on the processing of real estate transactions:

Moved by Councillor Flint:

'It is recommended that:

(1)real estate matters under $500,000.00, that are deemed by a Ward Councillor to be of special interest, be considered by the Corporate Services Committee and City Council at that Councillor's request;

(2)real estate matters under $500,000.00, of local significance, be considered by the Community Council and City Council at a Councillor's request;

(3)matters related to the potential sale of any property be reported to the respective Community Council for comment before being considered by the Corporate Services Committee; and

(4)the Council Procedural By-law be amended accordingly.' "; and

(iv)(July 17, 1998) from the Commissioner of Corporate Services, commenting on the motion by Councillor Joanne Flint with respect to property matters.

Councillor Joanne Flint, North York Centre South, appeared before the Corporate Services Committee in connection with the foregoing matter.

(City Council on July 29, 30 and 31, 1998, had before it, during consideration of the foregoing Clause, "Appendix C" to the report (May 11, 1998) from the Commissioner of Corporate Services, entitled "Processes for Declaring Properties Surplus," as amended by the Corporate Services Committee on July 20, 1998.)

2

Expediting the Disposal of Property

and Reduction of Leased Space

(City Council on July 29, 30and 31, 1998, amended this Clause by adding thereto the following:

"It is further recommended that:

(1)the report (July 30, 1998) from Councillor Jack Layton, embodying the following recommendations, be adopted subject to adding thereto the following new recommendation '(c) the aforementioned recommendations be subject to the regular planning process', so that the recommendations now read as follows:

'It is recommended that:

(a)marketing be delayed for 120 days for the 12 surplus properties identified in this report;

(b)the Council Strategy Committee for People Without Homes be requested to report to the Corporate Services Committee and the Budget Committee on the following, based on a Request for Proposal, a business plan for the utilization of sites identified for potential affordable housing purposes including:

(i)type of project being contemplated for each site, i.e., affordable ownership, rental or transitional housing;

(ii)funding mechanisms to be used in development;

(iii)potential end users;

(iv)timelines for development; and

(v)opportunity costs to the City for the targeted use of each property; and

(c)the aforementioned recommendations be subject to the regular planning process.';

(2)the Chief Administrative Officer be requested to submit a report to the Corporate Services Committee:

(i)on the possibility of restricting any members of Council's Housing Task Forces who are architects, lawyers or consultants from being financially or professionally involved in any housing projects with which the City is involved; and

(ii)on the sensitivities which will be applied to assist low income families and fixed income tenants in relocation or alternate placement;

(3)the Commissioner of Corporate Services be requested to consult further with affected local Councillors with respect to this matter; and

(4)the following motion be referred to the Commissioner of Corporate Services for report thereon to the meeting of the Corporate Services Committee scheduled to be held on September 14, 1998:

Moved by Councillor Balkissoon:

'That the foregoing motion by Councillor Layton be amended to provide that the Ellesmere Road site be examined separately.' ")

The Corporate Services Committee recommends the adoption of the following report (May11, 1998) from the Commissioner of Corporate Services:

Purpose:

To describe the various programs underway to expedite the disposal of land and reduction of leases.

Recommendations:

It is recommended that:

(1)the programs described in this report be endorsed;

(2)the Commissioner of Corporate Services report to the Corporate Services Committee every six months on the implementation of the programs; and

(3)this report be referred to the Budget Committee for information.

Funding Sources, Financial Implications and Impact Statement:

No additional funding is required. A target of $60 million for the sale of properties is proposed for1998.

Council Reference/Background/History:

The Budget Committee, at its meeting of March 3, 1998, requested a series of reports on the disposition of properties both leased and owned, and on the establishment of a disposal unit to expedite the disposal and on the work to be done by external consultants and by staff. The March 25, 1998 report from the Commissioner of Corporate Services to the Budget Committee outlined programs to date. This report provides an update and sets out a framework for expediting the sale of surplus assets.

Comments:

In 1997, the former municipalities received over $30 million in revenue from the sale of surplus properties. So far in 1998, the sales for 18 properties have closed, with a revenue of $9.86million. There are 23 sales in progress, which will produce an additional $11.66 million, bringing the revenue for 1998 to $21.52 million. The properties in these two categories are listed in Appendix A.

(1)Financial targets for 1998:

A target of $60 million for revenues is proposed for 1998. The distribution of the revenue, in millions, is estimated as set out in the table below.

(2)The 1998 program consists of seven components, described below.

(a)Disposing of asset already declared surplus:

There are now 161 properties already declared surplus by the former Councils, which could bring in up to $20 million in revenue. The properties, also listed in AppendixA to this report, include:

(i)Spadina Expressway houses - One hundred and twenty properties along the proposed expressway route were declared surplus, including 100residential buildings. The former Metro Council carried out a program to sell the houses, with the existing tenants given first opportunity to purchase the buildings. In 1997, 37 were sold with to existing tenants and 10 vacant houses were sold through the MLS. Of the remaining houses 59 are tenanted and 14 are vacant. Also surplus are parts of 19 lots acquired for the Spadina Expressway. These could be offered back to the original owners, but this would be costly and time-consuming to undertake, and should not be considered a priority at this time.

(ii)Scarborough Expressway houses - Twenty houses have been declared surplus.

(iii)Vacant land - The 45 parcels are being evaluated for potential revenue and offered for sale, with priority given to those with the highest value and where there is interest in purchasing.

(iv)Other - These include industrial and commercial properties, mainly acquired though tax sales. Priority should be given to the sale of those with the highest potential return and those where there is expressed interest.

(b) Sale of Cityhome "property houses":

These properties acquired for parks purposes in the former City of Toronto but leased to Cityhome for residential use. There are 60 properties with 105 units. As a result of the direction form the Budget Committee, a report (May 11) from Commissioner of Corporate Services, "Sale of Property Houses" recommends that 56 houses be declared surplus and offered for sale. The current value assessment for these houses is over $11 million.

(c)Sale of tax sale properties:

From time to time the City acquires properties for tax arrears. These properties should be evaluated prior to acquisition and strategies developed to ensure that they are marketed as soon as possible if not required for a municipal purpose. Tax sale properties are included in the list of surplus properties in Appendix A of this report.

(d)Properties that are to be sold as part of major corporate initiatives:

One example is the 78 acre parcel on the east side of the Allen Road which includes the Downsview Subway Station, originally acquired from the Federal Government for a subway yard. Planning staff will be reporting in May to the Urban Development and Environment Committee on a the Downsview area, and consideration has been given to rezoning the area for mixed uses and residential purposes. The disposal strategy is being developed in this context. There much interest in the purchase of this property.

Another example is the potential sale of large parcels of land acquired for the Scarborough Expressway. Planning staff are working on completing studies which will rezone the City owned properties, resulting in potentially increased revenues once the land is marketed.

(e)Properties that will be freed up though space rationalization:

Facilities and Real Estate staff, in conjunction with the program areas, are reviewing future space needs following the current downsizing. Both office space and yard rationalization studies are underway. The results of these studies should be available in the fall, but it may be possible to report in declaring some properties surplus before that. Staff are currently determining whether all office staff will be able to be accommodated in existing space and that the space equal to that in Metro Hall may no longer be needed. There are potential purchasers for some yards and office space. In addition, the purchase of new properties is being delayed to ensure that existing property is used wherever possible. For example, the Chair of the Budget Committee has asked that alternative City owned property be explored for the location of the new 51 Division Police Station.

(f)Properties that appear to be suitable and will be subject of reports to recommend that they be declared surplus and sold.

Facilities and Real Estate staff have identified over 160 properties that could be sold in the near future, many of them vacant land. A detailed list will be submitted to the next Corporate Services Committee. In the meantime, property disposition reports continue to be submitted for each agenda of the Corporate Services Committee. In addition, staff are undertaking a comprehensive review of City properties to ensure they are still needed for the purpose for which they were acquired, and will report on those recommended to be declared surplus.

(g)Reduction in lease payments

Facilities and Real Estate staff have reviewed 225 existing lease arrangements, including 69 leases for office space, which generate the greatest costs. The office list forms Appendix B. To date, ten office leases are in the process of being collapsed, and these will generate savings of about $2 million in 1999. In addition, options are being explored to either eliminate or renegotiate the lease for the Metro Housing Corporation at York Mills and Yonge, which is for $1million a year. Staff have also been renegotiating other leases to reduce costs to the City.

While the objective is to relocate functions such as day care, public health and welfare offices into City owned buildings wherever possible, additional space may be needed because of the downloading of Provincial programs, such as Provincial Offences and additional case loads to service sole support parents.

(3)Expediting the sale of properties:

(a)Staff teams:

Two Facilities and Real Estate staff teams have been established. The first is a staff disposal unit, focusing on the sale of properties already declared surplus, is headed by a Director of Real Estate of a former municipality and includes a team of four appraiser/negotiators, with support staff , as well as assigned legal staff. A Manager of Leasing heads the second, a lease rationalization team. Assistance from other service areas, such as Planning and Economic Development is being provided as required. The teams will be evaluated after a year for future needs.

(b)External brokers:

To assist in accelerating the disposal program, the report (May 11, 1998) from the Commissioner of Corporate Services to the Corporate Services Committee for its meeting of May 25, 1998, entitled "Acquisition and Disposal of Real Property," recommends that outside brokers be hired to expedite the sale processes for scattered houses and for large and more complex properties, such as industrial and high density residential. Staff will coordinate and monitor the work to be done to ensure the disposal program that meets the needs of the Corporation. The cost of brokers' services and the commission is normally deducted from the sale price, so no additional budget is needed.

(c)Portfolio consultants:

Additional expertise will be required to assist in the sale of the large complex properties. A proposal call is currently being prepared to obtain the services of appropriate consultants, who have special expertise and are too costly to be normally part of real estate groups in large organizations like the City. Publicly owned land is sometimes difficult to sell as it contains a wide range of property types, such as public buildings, contaminated properties acquired from tax sales, and governments are reluctant to be perceived as forcing people to leave their homes. Therefore special strategies may be needed. Some governments, as well as private companies, have adopted a bundling approach, whereby attractive properties are sold in a group with problem properties.

The external search process, now underway to locate potential candidates for the position of Executive Director of Facilities and Real Estate, will also include the search for a potential head of a comprehensive disposal unit, dealing with both properties already declared surplus as well as potential properties.

(d)Clarification of processes:

The reports, "Acquisition and Disposal of Real Property" and "Surplus Property in the Spadina Corridor" and "Scarborough Transportation Corridor "Houses", set out approval processes so that the sales of properties will occur in the most expeditious way, and also meet corporate objectives such as supporting affordable housing. Additional reports will be submitted from time-to-time as needed to assist with expediting the programs.

(4)Need for a comprehensive process:

The processes for the sale of City-owned properties is undertaken primarily by the Facilities and Real Estate Division, including sales for the TTC and the Police, but other parts of the organization, such as Toronto Hydro and the Library Board operate separately. In order to effectively plan for the orderly review and disposal program for all properties, the Division should take responsibility for coordination, including possibly, in time, doing the work for all, including the ABC's. Establishment of a senior level staff committee, similar in function to the former Metro Land Management Committee, and also including representatives of the ABC's, will ensure that decisions regarding property are coordinated and strategic. As well, a centralized and shared information system, including a comprehensive tracking system must be provided to ensure that there is one list of affected properties, to track their sales and the revenues generated, and where these revenues go. This facilitates the ability of all involved to effectively plan and coordinate the declaration of surplus property and disposals.

(5)Progress reports:

The Budget Committee has requested reports every six months on progress. The first report will be submitted to the Budget Committee through the Corporate Services Committee in October. These reports will ensure that the programs remain high priority, that effective progress is being made and that issues are being dealt with in expediting disposals.

Conclusions:

This report sets out the framework for a comprehensive approach to the expeditious disposal of property assets, through processes, program, and teams of staff in the Facilities and Real Estate Division, working with other parts of the Corporation. The disposals will net considerable revenue in the longer term.

Contact:

Cathie Macdonald, Interim Lead, Facilities and Real Estate: phone 392-0449, fax 392-0029, email cmacdona@city.toronto.on.ca

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Appendix A

Lists of Properties

Key for Property Type

Properties Sold After January 1, 1998

Sales In Progress Properties - as of January 1, 1998

Declared Surplus Properties to be Sold

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The Corporate Services Committee reports, for the information of Council, having also had before it a communication (June2, 1998) from the City Clerk, advising that the Budget Committee on May26, 1998, during its consideration of the report (May 11, 1998) from Commissioner of Corporate Services, recommended to the Corporate Services Committee that the Community Councils be informed of the subject properties that are for sale in order that they may address any concerns; and having:

(1)requested the Commissioner of Corporate Services to:

(a)expedite the outstanding issues relating to the sale of the property at 1386The Queensway;

(b)report to the next meeting of the Budget Committee on:

(i)the saleability of the subject properties and the process to be implemented with regard to the disposition of City-owned lands; and

(ii)those properties where the proceeds from the sale of the properties are required to go back to a specific reserve or to be allocated for a specific purpose as a result of previous Council policies;

(2)requested the Executive Director and Chief Planner to review the subject properties to ensure that they are zoned appropriately;

(3)requested the Commissioner of Economic Development, Culture and Tourism to report to the Corporate Services Committee as to whether any lands comprising part of the Waterfront Trail, which are to be sold, should be severed first;

(4)requested the Chief Administrative Officer to:

(a)report to the next meeting of the Budget Committee:

(i)on those properties which the Budget Committee can count on being sold this year and the expected closing date; and

(ii)as to whether there are any reserves or liens on these properties;

(b)also provide a copy of the aforementioned report to the Corporate Services Committee; and

(c)ensure that Community Councils are informed of the process with respect to the disposal of property.

(City Council on July 29, 30 and 31, 1998, had before it, during consideration of the foregoing Clause, the following report (July 30, 1998) from Councillor Jack Layton, Don River:

Purpose:

To ensure that appropriate land is available for rental, ownership and transitional housing pilot projects by delaying the marketing of specific surplus City properties.

Financial Implications:

The identified sites are not being actively marketed, although one site may be offered for sale shortly. The recommendation is for a 120-day delay in the marketing of the properties and consequently should have limited financial impact on the City.

Recommendations:

It is recommended that:

(1)marketing be delayed for 120 days for the 12 surplus properties identified in this report; and

(2)the Council Strategy Committee for People Without Homes report to the Corporate Services and Budget Committee on the following:

Based on a Request for Proposal (RFP), a business plan for the utilization of sites identified for potential affordable housing purposes including:

-type of project being contemplated for each site, i.e., affordable ownership, rental or transitional housing;

-funding mechanisms to be used in development;

-potential end users;

-timelines for development; and

-opportunity costs to the City for the targeted use of each property.

Background:

The Council Strategy Committee for People Without Homes and the Community and Neighbourhood Services Committee have been reviewing innovative approaches for meeting the pressing need for affordable housing in the City of Toronto. Local builders and architects have developed some of the potential approaches, while others reflect experience in other municipalities. These include:

-low income ownership programs in New York City, Windsor, Ontario and the former City of Toronto;

-multi-unit residential development by groups like Habitat for Humanity; and

-municipal programs encouraging the private development of Single Room Occupancy Hotels in Vancouver and San Diego, California.

The key common denominator in all of these approaches has been the targeted use of City land resources. While in certain cases (especially in projects for the homeless) the municipalities under review have not received full market value for their property, in many instances cities have been able to achieve full value while still leveraging the development of new, permanently-affordable housing.

Note: The Interim Report of the Mayor's Homelessness Action Task Force released last week identifies City-owned land as a key resource that needs to be utilized in addressing the homelessness crisis.

Corporate Services Committee Report:

Clause No. 1 of the report recommends a process for meeting key corporate objectives through the identification and strategic use of surplus City-owned properties. These objectives include the need to increase municipal revenues and the meeting of various social objectives including the provision of affordable housing.

The process outlined in Clause No. 1 will be used to review sites that have not yet been declared surplus. However, the process does not apply to sites already declared surplus (identified in Clause No. 2 of the report), some of which have the potential for meeting affordable housing objectives.

Anticipating that some surplus City land may be allocated for affordable housing pilot projects, the Ad Hoc Multi-Residential Development Committee has conducted a preliminary review of the current land inventory. The review group included members of staff, other levels of government, and private builders and architects. As a result of the review, 12 of the 160 surplus properties have been identified as having significant potential for affordable housing development and should be part of an RFP process for innovative pilot projects. These sites are listed below.

Surplus Sites With Affordable Housing Potential:

(City Council also had before it, during consideration of the foregoing Clause, the following report (June 22, 1998) from Councillor Jack Layton, Don River:

Background:

The report recommends a process for meeting key corporate objectives through the identification and sale of surplus City-owned properties. One of these objectives is to ensure that consideration is made for meeting social objectives through the use of City land resources. While the report recommends the development of a more comprehensive land allocation policy, it is noted that City Council has already given some direction on this matter. Specifically, Council has directed that the Council Strategy Committee for People without Homes be given an opportunity for input into the process of property disposition.

Issues for Consideration:

The Council Strategy Committee for People without Homes and several other City Committees are reviewing innovative approaches used in other municipalities to meet the housing needs of lower income people and the homeless. These include the following:

(1)low income ownership programs in New York City and Windsor Ontario;

(2)multi-unit residential development by groups like Habitat for Humanity; and

(3)municipal programs encouraging the private development of Single Room Occupancy Hotels in Vancouver and San Diego California.

The key common denominator in all of these approaches has been the targeted use of City land resources. While in certain cases (especially in projects for the homeless) the municipalities under review have not received full market value for their property, in many instances cities have been able to achieve full value while still leveraging the development of new, permanently-affordable housing.

In the future, the review of properties by the Council Strategy Committee will ensure that lands are evaluated for their potential to meet housing needs prior to their final disposition by the City. However, a number of properties currently in the City's surplus portfolio have not been subject to this review and may be among the most suitable for affordable housing.

The Advisory Committee on Homeless and Socially Isolated Persons is establishing a panel made up of City staff and experts in the community to evaluate the City-owned properties for their potential use for innovative affordable housing.

Recommendation:

It is recommended that:

(1)the Property Review Panel identify sites in the City's surplus property portfolio suitable for affordable housing;

(2)City staff be directed to delay the sale surplus properties identified by the review panel for a period of 30 days;

(3)the Property Review Panel and the Council Strategy Committee for People Without Homes report to the next Corporate Services Committee meeting on the following:

(a)the properties identified for potential affordable housing purposes and the rational used in the identification process;

(b)a business plan for the utilization of these properties including:

-type of project being contemplated for each site;

-funding mechanisms to be used in development;

-potential end users;

-timelines for expeditious development; and

-opportunity costs to the City for the targeted use of each property.)

(Mayor Lastman, at the meeting of City Council on July 29, 30 and 31, 1998, declared his interest in the foregoing Clause, insofar as it pertains to the properties off Wilson Heights Boulevard, in that his son resides in the area.)

(Councillor Li Preti, at the meeting of City Council on July 29, 30 and 31, 1998, declared his interest in the foregoing Clause, insofar as it pertains to the properties off Wilson Heights Boulevard, in that he resides in the area.)

3

Conditions of Employment - Council Staff Members

(City Council on July 29, 30and 31, 1998, struck out and referred this Clause to the Personnel Sub-Committee of the Corporate Services Committee together with the following motions:

Moved by Councillor Disero:

"That the Clause be amended to provide that Council staff be allowed to opt out of the benefits package in lieu of receiving the financial equivalent payment, until such time as the review of the full benefit plan is considered."

Moved by Councillor Moscoe:

"That Council staff members who were employed by a former municipality which had a severance practice greater than two weeks per year of service be grandfathered at the level of severance payment through the former practice for their service prior to January 1, 1998."

Moved by Councillor King:

"That the foregoing Clause be amended by amending Recommendations Nos. (7) and (8) embodied in the joint report (July 20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources, by adding thereto the following words 'and that the payments be made from Councillors' office budgets.'")

The Corporate Services Committee recommends the adoption of the joint report (July 20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources, subject to:

(1)amending Recommendation No. (1) (a) by deleting therefrom the words "or temporary"; so that Recommendation No. (1) (a) now reads as follows:

"(1) (a)on or before December 31, 1997, as permanent employees remain as permanent employees with the City of Toronto;";

(2)amending Recommendation No. (3) to read as follows:

"(3)that severance provision for Council staff be two weeks pay for each year of continuous employment;";

(3)amending Recommendation No. (5) by adding thereto the following:

"and that the Corporate Services Committee give further consideration to this matter after Council has approved a general policy for the Corporation, so that Recommendation No. (5) now reads as follows:

"(5)Council staff not be eligible to receive cash in lieu of benefits; and that the Corporate Services Committee give further consideration to this matter after Council has approved a general policy for the Corporation";

(4)amending Recommendation No. (6) by deleting therefrom the word "grandfathered" and inserting in lieu thereof the word "grandparented", so that Recommendation No.(6) now reads as follows:

"(6)that Council staff who are currently in receipt of cash in lieu of benefits be "grandparented" until the review of benefit plans is completed and changes are approved by Council; and that the contracts for ch staff reflect this provision;"; and

(5)deferring consideration of Recommendations Nos. (7) and (8) respecting the issue of overtime for Councillors' Assistants, until such time as a corporate-wide policy for overtime is considered.

The Corporate Services Committee reports, for the information of Council, having:

(1)requested the Executive Director of Human Resources to submit a report to the Corporate Services Committee on a timeline for completion of the review of the updated job descriptions; and

(2)referred the following motion to the Executive Director of Human Resources for report thereon to the meeting of the Corporate Services Committee scheduled to be held on September 14, 1998:

Moved by Councillor Joe Mihevic on behalf of Councillor Moscoe:

"That the Executive Director be requested to complete any outstanding job evaluations and Pay Equity Plans within three months' time."

The Corporate Services Committee submits the following joint report (July20, 1998) from the Commissioner of Corporate Services and the Executive Director of Human Resources:

Purpose:

This report recommends the conditions of employment for Council staff members.

Financial Implications:

The funding for these positions is accommodated in each Councillor's 1998 salary budgets.

Recommendations:

It is recommended that:

(1)Council staff members (Executive Assistant, Constituency Assistant, Administrative Assistant, and Clerical Assistant) employed:

(a)on or before December 31, 1997, as permanent or temporary employees remain as permanent or temporary employees with the City of Toronto;

(b)on or before December 31, 1997, as contract employees be employed under the terms and conditions of the respective employment contract attached as Appendix "A" except for those employees of the former Municipality of Metropolitan Toronto who may choose to remain on their existing contract;

(c)on or after January 1, 1998, be employed under the terms and conditions of the respective employment contract attached as Appendix "A";

(2)any salary adjustment resulting from the review of the updated Executive Assistant job description be implemented retroactive to January 1, 1998, or the employee's start date; whichever is later;

(3)severance provisions for contract Council Support staff be as stated in Section 5 of their respective contract (Appendix "A");

(4)upon electing to participate in OMERS, provided that the minimum requirements under the Pension Benefits Act, R.S.O. 1990 have been met, employees be permitted the opportunity to buy back their service; and that this buy back cost be equally shared between the employee and the City of Toronto;

(5)Council staff not be eligible to receive cash in lieu of benefits;

(6)Council staff who are currently in receipt of cash in lieu of benefits be "grandfathered" until the review of benefit plans is completed and changes are approved by Council; and that the contracts for such staff reflect this provision;

(7)Council Executive Assistant and Constituency Assistant staff who work in excess of their regularly scheduled workday or workweek be compensated in the form of lieu time at a straight time rate provided that the total lieu time taken shall not exceed 105 hours in a calendar year;

(8)Council Administrative Assistants and Clerical Assistants who work in excess of their regularly scheduled workday or workweek be compensated in the form of lieu time at time and a half provided that the total lieu time taken shall not exceed 70 hours in a calendar year, or in the form of overtime pay, subject to the approval of their respective Councillor; and

(9)staff be authorized to take whatever steps necessary to implement the foregoing.

Background History:

City Council on January 2, 6, 8 and 9, 1998 adopted the following:

(1)each Councillor be given the latitude to hire the equivalent of three (3) full time staff from the following classifications: Executive Assistant, Constituency Assistant, Administrative Assistant and Clerical Assistant;

(2)on an interim basis, the salary range for the Executive Assistant and the Constituency Assistant be that of the Executive Assistant in the former Municipality of Metropolitan Toronto and the salary range for the Administrative Assistant and the Clerical Assistant be that of the Administrative Assistant and the Clerk Grade 3 position in the former Municipality of Metropolitan Toronto;

(3)all permanent former 'City' or 'Metro' employees retain their permanent employment status and those earning in excess of the City recommended salary ranges have their salaries red-circled;

The attached report was before the Corporate Services Committee on April 27, 1998. The Executive Director of Human Resources was asked by the Corporate Services Committee to meet with affected contract Council staff members to review the proposed employment contract.

Comments:

(1)Employment Status of Council Staff:

Council staff members in the former municipalities in comparable positions to the Executive Assistant, Constituency Assistant, Administrative Assistant and Clerical Assistant were classified as permanent, temporary or contract. The permanent and temporary staff are either excluded or bargaining unit based on their employment status and position classification with their former municipality.

Council staff who currently members of a bargaining unit will remain in the bargaining unit and will continue to receive their existing salary and benefits, pending collective agreement negotiations.

The term of employment for contract Council staff members at the former Municipality of Metropolitan Toronto was until 30 days following the day on which a Councillor ceased to be a Member of the Metropolitan Council for whatever reason. For those staff who have continued to be employed by the same Councillor, their contract is still in effect. However, it is recommended that they be given an opportunity to be employed under the terms and conditions of the contract approved by Council . This will assist in standardizing the employment relationship of Council staff members.

(2)Concerns of Council Staff Members:

The Executive Director of Human Resources was asked by the Corporate Services Committee to meet with affected contract Council staff members to review their specific concerns with the proposed employment contract.

On May 11, 1998, the Executive Director met with Council staff members where concerns were expressed with respect to paid lieu time at straight time to a maximum of 105 hours, the option to receive cash in lieu of benefits, pensions, severance and salary.

Staff have addressed the majority of the concerns discussed at the meeting. The only exception is the recommendation to compensate staff for overtime worked in the form of lieu time instead of pay. This is an area where human resources staff strongly recommend standardization of contract terms for all Council staff.

The former municipalities of Metropolitan Toronto, North York, Scarborough and Toronto had employment contracts for designated Council staff members. It was agreed that the significant employment conditions contained in the employment contracts of these former municipalities and the proposed contract for the City of Toronto would be illustrated for the Corporate Services Committee in this report (Appendix "B") for comparison purposes.

The appropriateness of the Executive Assistant salary was also discussed at the meeting. The salary level for the Executive Assistant is based on the job evaluation rating from the former Municipality of Metropolitan Toronto. Council staff expressed a desire to update the rating, since it had not been updated for several years and, in their opinion, the responsibilities and scope of the position have changed over time.

Though this position will be included as part of the overall corporate review of the City's Compensation Program, it was agreed that on an interim basis, an updated Executive Assistant job description would be developed and rated in accordance with the former Municipality of Metropolitan Toronto's job evaluation system. It was stressed that, in accordance with the policy for job evaluation, each Executive Assistant and each Councillor would have to agree to the contents of the job evaluation questionnaire prior to the rating process being implemented.

(3)Severance Provisions Recommended by the Former City of Toronto Council:

On November 18, 1997, Council of the former City of Toronto adopted a recommendation that:

(1)the contract staff of those members of Council who were not elected on November10, 1997, be offered the same severance package as is available to members of Council, ie. one month of salary for every year of service, up to a maximum of six months;

(2)staff be authorized to take whatever steps are necessary to implement the foregoing; and

(3)the appropriate staff report to the new City of Toronto Council on including a severance package for all contracted political staff employed by Members of Council.

The Financial Advisory Board turned this recommendation down, on the basis that it should be considered by the new Council of the new City of Toronto.

The Committee will note that the severance provisions being recommended in this report differ from those proposed by the former City of Toronto Council.

Contact Names:

Bill Taylor, Manager of Human Resources

392-8635

Jim Hart, Director of Council Services and Management Services

392-8676

________

This Agreement made as of the day of , 1998.

Between:

The City of Toronto

(hereinafter called "City")

of the First Part-and-

__________Name_________________

(hereinafter called the "Executive Assistant")

Witnesseth that: of the Second Part

Whereas, as evidenced by Clause No.____of _____________Committee Report No.________

Adopted by the Council of the City at its meeting on _____________________1998, the Council approved a policy of hiring Executive Assistants for the Members of the Council of the City; and

Whereas, the Executive Assistant has been appointed to act as such for Councillor________

(the "Councillor").

Now therefore in consideration of the premises, the parties covenant and agree as follows:

1.(1)The Executive Assistant is hereby appointed a contract employee of the City for the period set forth in section 2, subject to termination of employment pursuant to section5, in the capacity of Executive Assistant in the Office of the Councillor at Step___($_____) in Salary Grade EM1 of the Management Salary Schedule of the former Municipality of Metropolitan in effect on December 31, 1997.

(2)The annual salary payable under subsection 1 shall be payable in the usual course less all applicable statutory deductions, employee benefit deductions and any other payroll deductions agreed upon in writing.

(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Executive Assistant may, in the discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual anniversary of his or her employment as an Executive Assistant until the maximum Step is attained.

(4)The Executive Assistant shall be entitled to any adjustment in salary given to the permanent employees of the City in the same Salary Grade at the same time as such an adjustment.

2.(1)The term of employment of the Executive Assistant shall commence on the 1^st day of January, 1998 and terminate on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a Member of the Council of the City for whatever reason, including the Councillor's failure to be re-elected to office.

(2)Where the employment of the Executive Assistant terminates pursuant to subsection1, the Executive Assistant will be given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out in subsections 5(2), 5(3) and 5(4).

(3)Where the employment of an Executive Assistant terminates pursuant to subsection1 and at the time of such termination the Executive Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the Workplace Safety and Insurance Act or Long-Term Disability Insurance, the Executive Assistant shall be deemed to continue as an employee only for the purpose of any corporate benefits to which he or she would be entitled but for such termination until the reason for the leave no longer exists provided that the payment of such benefits does not require the City to employ the Executive Assistant in a position at the City on the termination of his or her leave.

3.(1)Subject to subsection 2, the Executive Assistant shall be accorded all corporate benefits of a permanent employee of the City in the same Salary Grade with the same deductions from salary and contributions by the City as employer in respect thereof.

(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Executive Assistant is designated by the City as an "Other-Than-Continuous Full-Time" employee and may elect to participate as a member of O.M.E.R.S. only after having completed 24 months of continuous employment during which period the Executive Assistant:

has worked at least 700 hours, or

earned at least 35 per cent of the Year's Maximum Pensionable Earnings as defined in the Canada Pension Plan.

(3)In the event that on the day immediately preceding the date of commencement of employment as an Executive Assistant as set forth in subsection 1, the Executive Assistant was an employee of the former Municipality of Metropolitan Toronto or any of the former area municipalities within the Metropolitan Area, the ("Old Municipalities"), such employment shall be deemed to be uninterrupted and continuous with employment under this agreement for the purposes of determining the corporate benefits of such Executive Assistant.

4.The duties of the Executive Assistant shall be as described in the corporate description for the position as prepared by the Human Resources function of the City from time to time and such other duties as may be assigned by the Councillor or assigned by the City during the period in which the Executive Assistant continues to be employed by the City after the date on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).

5.(1)This agreement may be terminated immediately by the City for cause.

(2)Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the Executive Assistant notice or pay in lieu of notice. Where the Executive Assistant has been continuously employed by the City of Toronto for 3 years or less, the Executive Assistant will receive 30 days notice or pay in lieu of notice. If the Executive Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This notice or pay in lieu of notice includes any amount of which the Executive Assistant may be entitled in the way of notice of termination under the Ontario Employment Standards Act.

(3)Where the Executive Assistant has been continuously employed by the City of Toronto for greater than 3 years but less than 6 years, the period of time specified in subsection 2 shall be 45days instead of 30.

(4)Where the Executive Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of 30.

6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who resigns, no additional amount shall be paid by the City to the Executive Assistant if his or her employment terminates

(a)for cause as provided for in subsection 5(1); or

(b)by reason of his or her resignation.

(2)Where the Executive Assistant ceases to be employed as such, but continues to be employed by the City in another position, such employment shall be deemed to be uninterrupted and continuous with employment under this agreement.

7.The Executive Assistant agrees that the salary, benefits and other terms and conditions of employment provided for in this agreement can be either increased or decreased by the City during the term of employment consistent with any changes applicable to permanent employees of the City in the same Salary Grade arising out of the City's job evaluation or benefit rationalization process.

8.The Executive Assistant shall comply with and be bound by all rules applicable to permanent employees of the City respecting disclosure of interest, codes of conduct, and confidential information acquired by the Executive Assistant in the course of his or her employment hereunder.

9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understanding and agreements between the parties hereto or between the Executive Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly set forth in this agreement.

(2)No amendment to this agreement shall be valid or binding unless set forth in writing and duly executed by both of the parties hereto. No waiver of any breach of any provisions of this agreement shall be effective or binding unless made in writing and signed by the part purporting to give the same and unless otherwise provided in the written waiver, shall be limited to the specific breach waived.

(3)This agreement is personal to the Executive Assistant and may not be assigned by the Executive Assistant.

(4)All notices, requests or other communications by the terms hereof required or permitted to be given by one party to another shall be given in writing by registered mail, postage prepaid addressed to the other party or delivered to the other party as follows:

TO THE EXECUTIVE ASSISTANT AT:_____________________

_____________________

_____________________

_____________________

_____________________

TO THE CITY AT:Station 1071, 7^th floor, Metro Hall

55 John Street, Toronto, Ontario

M5V 3C6

Attention: City Clerk

or such address as may be given by either of them to the other in writing from time to time and such notices, requests, demands, acceptances and other communication shall be deemed to have been received on the day of delivery, if delivered or if mailed, on the third business day after of the mailing thereof.

In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that behalf duly authorized and the Executive Assistant by his or her signature respectively.

Signed, Sealed and Delivered)The City of Toronto

in the presence of )

)

)________________________

)

)________________________

)

)

)Executive Assistant

)

__________________________)_________________________

Witness

_______

This Agreement made as of the day of , 1998.

Between:

The City of Toronto

(hereinafter called "City")

of the First Part

-and-

__________Name_________________

(hereinafter called the "Clerical Assistant")

Witnesseth that: of the Second Part

Whereas, as evidenced by Clause No.____of _____________Committee Report No.________

Adopted by the Council of the City at its meeting on _____________________1998, the Council approved a policy of hiring Clerical Assistants for the Members of the Council of the City; and

Whereas, the Clerical Assistant has been appointed to act as such for Councillor________ (the "Councillor").

Now therefore in consideration of the premises, the parties covenant and agree as follows:

1.(1)The Clerical Assistant is hereby appointed a contract employee of the City for the period set forth in section 2, subject to termination of employment pursuant to section 5, in the capacity of Clerical Assistant in the Office of the Councillor at Step___($_____) in Salary GradeEC22 of the Excluded Clerical Salary Schedule of the former Municipality of Metropolitan in effect on December 31, 1997.

(2)The annual salary payable under subsection 1 shall be payable in the usual course less all applicable statutory deductions, employee benefit deductions and any other payroll deductions agreed upon in writing.

(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Clerical Assistant may, in the discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual anniversary of his or her employment as an Clerical Assistant until the maximum Step is attained.

(4)The Clerical Assistant shall be entitled to any adjustment in salary given to the permanent employees of the City in the same Salary Grade at the same time as such an adjustment.

2.(1)The term of employment of the Clerical Assistant shall commence on the 1^st day of January, 1998 and terminate on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a Member of the Council of the City for whatever reason, including the Councillor's failure to be re-elected to office.

(2)Where the employment of the Clerical Assistant terminates pursuant to subsection 1, the Clerical Assistant will be given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out in subsections 5(2), 5(3) and 5(4).

(3)Where the employment of an Clerical Assistant terminates pursuant to subsection 1 and at the time of such termination the Clerical Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the Workplace Safety and Insurance Act or Long-Term Disability Insurance, the Clerical Assistant shall be deemed to continue as an employee only for the purpose of any corporate benefits to which he or she would be entitled but for such termination until the reason for the leave no longer exists provided that the payment of such benefits does not require the City to employ the Clerical Assistant in a position at the City on the termination of his or her leave.

3.(1)Subject to subsection 2, the Clerical Assistant shall be accorded all corporate benefits of a permanent employee of the City in the same Salary Grade with the same deductions from salary and contributions by the City as employer in respect thereof.

(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Clerical Assistant is designated by the City as an "Other-Than-Continuous Full-Time" employee and may elect to participate as a member of O.M.E.R.S. only after having completed 24 months of continuous employment during which period the Clerical Assistant:

(a)has worked at least 700 hours, or

(b)earned at least 35 per cent of the Year's Maximum Pensionable Earnings as defined in the Canada Pension Plan.

(3)In the event that on the day immediately preceding the date of commencement of employment as an Clerical Assistant as set forth in subsection 1, the Clerical Assistant was an employee of the former Municipality of Metropolitan Toronto or any of the former area municipalities within the Metropolitan Area, the ("Old Municipalities"), such employment shall be deemed to be uninterrupted and continuous with employment under this agreement for the purposes of determining the corporate benefits of such Clerical Assistant.

4.The duties of the Clerical Assistant shall be as described in the corporate description for the position as prepared by the Human Resources function of the City from time to time and such other duties as may be assigned by the Councillor or assigned by the City during the period in which the Clerical Assistant continues to be employed by the City after the date on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).

5.(1)This agreement may be terminated immediately by the City for cause.

(2)Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the Clerical Assistant notice or pay in lieu of notice. Where the Clerical Assistant has been continuously employed by the City of Toronto for 3 years or less, the Clerical Assistant will receive 30 days notice or pay in lieu of notice. If the Clerical Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This notice or pay in lieu of notice includes any amount of which the Clerical Assistant may be entitled in the way of notice of termination under the Ontario Employment Standards Act.

(3)Where the Clerical Assistant has been continuously employed by the City of Toronto for greater than 3 years but less than 6 years, the period of time specified in subsection 2 shall be 45days instead of 30.

(4)Where the Clerical Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of 30.

6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who resigns, no additional amount shall be paid by the City to the Clerical Assistant if his or her employment terminates

(a)for cause as provided for in subsection 5(1); or

(b)by reason of his or her resignation.

(2)Where the Clerical Assistant ceases to be employed as such, but continues to be employed by the City in another position, such employment shall be deemed to be uninterrupted and continuous with employment under this agreement.

7.The Clerical Assistant agrees that the salary, benefits and other terms and conditions of employment provided for in this agreement can be either increased or decreased by the City during the term of employment consistent with any changes applicable to permanent employees of the City in the same Salary Grade arising out of the City's job evaluation or benefit rationalization process.

8.The Clerical Assistant shall comply with and be bound by all rules applicable to permanent employees of the City respecting disclosure of interest, codes of conduct, and confidential information acquired by the Clerical Assistant in the course of his or her employment hereunder.

9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understanding and agreements between the parties hereto or between the Clerical Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly set forth in this agreement.

(2)No amendment to this agreement shall be valid or binding unless set forth in writing and duly executed by both of the parties hereto. No waiver of any breach of any provisions of this agreement shall be effective or binding unless made in writing and signed by the part purporting to give the same and unless otherwise provided in the written waiver, shall be limited to the specific breach waived.

(3)This agreement is personal to the Clerical Assistant and may not be assigned by the Clerical Assistant.

(4)All notices, requests or other communications by the terms hereof required or permitted to be given by one party to another shall be given in writing by registered mail, postage prepaid addressed to the other party or delivered to the other party as follows:

TO THE CLERICAL ASSISTANT AT:_____________________

_____________________

_____________________

_____________________

_____________________

TO THE CITY AT:Station 1071, ^Th floor, Metro Hall

55 John Street, Toronto, Ontario

M5V 3C6

Attention: City Clerk

or such address as may be given by either of them to the other in writing from time to time and such notices, requests, demands, acceptances and other communication shall be deemed to have been received on the day of delivery, if delivered or if mailed, on the third business day after of the mailing thereof.

In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that behalf duly authorized and the Clerical Assistant by his or her signature respectively.

Signed, Sealed and Delivered)The City of Toronto

in the presence of )

)________________________

)

)________________________

)

)

)Clerical Assistant

)

__________________________)_________________________

Witness

_______

This Agreement made as of the day of , 1998.

Between:

The City of Toronto

(hereinafter called "City")

of the First Part

-and-

__________Name_________________

(hereinafter called the "Administrative Assistant")

Witnesseth that: of the Second Part

Whereas, as evidenced by Clause No.____of _____________Committee Report No.________

Adopted by the Council of the City at its meeting on _____________________1998, the Council approved a policy of hiring Administrative Assistants for the Members of the Council of the City; and

Whereas, the Administrative Assistant has been appointed to act as such for Councillor________ (the "Councillor").

Now therefore in consideration of the premises, the parties covenant and agree as follows:

1.(1)The Administrative Assistant is hereby appointed a contract employee of the City for the period set forth in section 2, subject to termination of employment pursuant to section 5, in the capacity of Administrative Assistant in the Office of the Councillor at Step___($_____) in Salary Grade EC01 of the Management Salary Schedule of the former Municipality of Metropolitan in effect on December 31, 1997.

(2)The annual salary payable under subsection 1 shall be payable in the usual course less all applicable statutory deductions, employee benefit deductions and any other payroll deductions agreed upon in writing.

(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Administrative Assistant may, in the discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual anniversary of his or her employment as an Administrative Assistant until the maximum Step is attained.

(4)The Administrative Assistant shall be entitled to any adjustment in salary given to the permanent employees of the City in the same Salary Grade at the same time as such an adjustment.

2.(1)The term of employment of the Administrative Assistant shall commence on the 1^st day of January, 1998 and terminate on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a Member of the Council of the City for whatever reason, including the Councillor's failure to be re-elected to office.

(2)Where the employment of the Administrative Assistant terminates pursuant to subsection 1, the Administrative Assistant will be given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out in subsections 5(2), 5(3) and 5(4).

(3)Where the employment of an Administrative Assistant terminates pursuant to subsection 1 and at the time of such termination the Administrative Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the Workplace Safety and Insurance Act or Long-Term Disability Insurance, the Administrative Assistant shall be deemed to continue as an employee only for the purpose of any corporate benefits to which he or she would be entitled but for such termination until the reason for the leave no longer exists provided that the payment of such benefits does not require the City to employ the Administrative Assistant in a position at the City on the termination of his or her leave.

3.(1)Subject to subsection 2, the Administrative Assistant shall be accorded all corporate benefits of a permanent employee of the City in the same Salary Grade with the same deductions from salary and contributions by the City as employer in respect thereof.

(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Administrative Assistant is designated by the City as an "Other-Than-Continuous Full-Time" employee and may elect to participate as a member of O.M.E.R.S. only after having completed 24 months of continuous employment during which period the Administrative Assistant:

(a)has worked at least 700 hours, or

(b)earned at least 35 percent of the Year's Maximum Pensionable Earnings as defined in the Canada Pension Plan.

(3)In the event that on the day immediately preceding the date of commencement of employment as an Administrative Assistant as set forth in subsection 1, the Administrative Assistant was an employee of the former Municipality of Metropolitan Toronto or any of the former area municipalities within the Metropolitan Area, the ("Old Municipalities"), such employment shall be deemed to be uninterrupted and continuous with employment under this agreement for the purposes of determining the corporate benefits of such Administrative Assistant.

4.The duties of the Administrative Assistant shall be as described in the corporate description for the position as prepared by the Human Resources function of the City from time to time and such other duties as may be assigned by the Councillor or assigned by the City during the period in which the Administrative Assistant continues to be employed by the City after the date on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).

5.(1)This agreement may be terminated immediately by the City for cause.

(2) Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the Administrative Assistant notice or pay in lieu of notice. Where the Administrative Assistant has been continuously employed by the City of Toronto for 3 years or less, the Administrative Assistant will receive 30 days notice or pay in lieu of notice. If the Administrative Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This notice or pay in lieu of notice includes any amount of which the Administrative Assistant may be entitled in the way of notice of termination under the Ontario Employment Standards Act.

(3)Where the Administrative Assistant has been continuously employed by the City of Toronto for greater than 3 years but less than 6 years, the period of time specified in subsection 2 shall be 45 days instead of 30.

(4)Where the Administrative Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of 30.

6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who resigns, no additional amount shall be paid by the City to the Administrative Assistant if his or her employment terminates

(a)for cause as provided for in subsection 5(1); or

(b)by reason of his or her resignation.

(2)Where the Administrative Assistant ceases to be employed as such, but continues to be employed by the City in another position, such employment shall be deemed to be uninterrupted and continuous with employment under this agreement.

7. The Administrative Assistant agrees that the salary, benefits and other terms and conditions of employment provided for in this agreement can be either increased or decreased by the City during the term of employment consistent with any changes applicable to permanent employees of the City in the same Salary Grade arising out of the City's job evaluation or benefit rationalization process.

8.The Administrative Assistant shall comply with and be bound by all rules applicable to permanent employees of the City respecting disclosure of interest, codes of conduct, and confidential information acquired by the Administrative Assistant in the course of his or her employment hereunder.

9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understanding and agreements between the parties hereto or between the Administrative Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly set forth in this agreement.

(2)No amendment to this agreement shall be valid or binding unless set forth in writing and duly executed by both of the parties hereto. No waiver of any breach of any provisions of this agreement shall be effective or binding unless made in writing and signed by the part purporting to give the same and unless otherwise provided in the written waiver, shall be limited to the specific breach waived.

(3)This agreement is personal to the Administrative Assistant and may not be assigned by the Administrative Assistant.

(4)All notices, requests or other communications by the terms hereof required or permitted to be given by one party to another shall be given in writing by registered mail, postage prepaid addressed to the other party or delivered to the other party as follows:

TO THE ADMINISTRATIVE ASSISTANT AT:_____________________

_____________________

_____________________

_____________________

_____________________

TO THE CITY AT:Station 1071, ^Th floor, Metro Hall

55 John Street, Toronto, Ontario

M5V 3C6

Attention: City Clerk

or such address as may be given by either of them to the other in writing from time to time and such notices, requests, demands, acceptances and other communication shall be deemed to have been received on the day of delivery, if delivered or if mailed, on the third business day after of the mailing thereof.

In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that behalf duly authorized and the Administrative Assistant by his or her signature respectively.

Signed, Sealed and Delivered)The City of Toronto

in the presence of )

)

)________________________

)

)________________________

)

)

)Administrative Assistant

)

__________________________)_________________________

Witness

_______

This Agreement made as of the day of , 1998.

Between:

The City of Toronto

(hereinafter called "City")

of the First Part

-and-

__________Name_________________

(hereinafter called the "Constituency Assistant")

Witnesseth that: of the Second Part

Whereas, as evidenced by Clause No.____of _____________Committee Report No.________

Adopted by the Council of the City at its meeting on _____________________1998, the Council approved a policy of hiring Constituency Assistants for the Members of the Council of the City; and

Whereas, the Constituency Assistant has been appointed to act as such for Councillor________ (the "Councillor").

Now therefore in consideration of the premises, the parties covenant and agree as follows:

1.(1)The Constituency Assistant is hereby appointed a contract employee of the City for the period set forth in section 2, subject to termination of employment pursuant to section 5, in the capacity of Constituency Assistant in the Office of the Councillor at Step___($_____) in Salary Grade EM1 of the Management Salary Schedule of the former Municipality of Metropolitan in effect on December 31, 1997.

(2)The annual salary payable under subsection 1 shall be payable in the usual course less all applicable statutory deductions, employee benefit deductions and any other payroll deductions agreed upon in writing.

(3)If the Step set forth in subsection 1 is not the maximum within the Salary Grade, the Constituency Assistant may, in the discretion of the Councillor, have his or her salary increased to a higher step within the Salary Grade on the annual anniversary of his or her employment as an Constituency Assistant until the maximum Step is attained.

(4)The Constituency Assistant shall be entitled to any adjustment in salary given to the permanent employees of the City in the same Salary Grade at the same time as such an adjustment.

2.(1)The term of employment of the Constituency Assistant shall commence on the 1^st day of January, 1998 and terminate on the earlier of November 30, 2000 or the Friday next following the day on which the Councillor ceases to be a Member of the Council of the City for whatever reason, including the Councillor's failure to be re-elected to office.

(2)Where the employment of the Constituency Assistant terminates pursuant to subsection 1, the Constituency Assistant will be given notice or pay in lieu of notice calculated on years of service in accordance with the formula set out in subsections 5(2), 5(3) and 5(4).

(3)Where the employment of an Constituency Assistant terminates pursuant to subsection1 and at the time of such termination the Constituency Assistant is on leave by reason of Maternity Leave, or receipt of benefits under the Workplace Safety and Insurance Act or Long-Term Disability Insurance, the Constituency Assistant shall be deemed to continue as an employee only for the purpose of any corporate benefits to which he or she would be entitled but for such termination until the reason for the leave no longer exists provided that the payment of such benefits does not require the City to employ the Constituency Assistant in a position at the City on the termination of his or her leave.

3.(1)Subject to subsection 2, the Constituency Assistant shall be accorded all corporate benefits of a permanent employee of the City in the same Salary Grade with the same deductions from salary and contributions by the City as employer in respect thereof.

(2)For the purposes of the Ontario Municipal Employees Retirement System (O.M.E.R.S.) only the Constituency Assistant is designated by the City as an "Other-Than-Continuous Full-Time" employee and may elect to participate as a member of O.M.E.R.S. only after having completed 24 months of continuous employment during which period the Constituency Assistant:

(a)has worked at least 700 hours, or

(b)earned at least 35 per cent of the Year's Maximum Pensionable Earnings as defined in the Canada Pension Plan.

(3)In the event that on the day immediately preceding the date of commencement of employment as an Constituency Assistant as set forth in subsection 1, the Constituency Assistant was an employee of the former Municipality of Metropolitan Toronto or any of the former area municipalities within the Metropolitan Area, the ("Old Municipalities"), such employment shall be deemed to be uninterrupted and continuous with employment under this agreement for the purposes of determining the corporate benefits of such Constituency Assistant.

4.The duties of the Constituency Assistant shall be as described in the corporate description for the position as prepared by the Human Resources function of the City from time to time and such other duties as may be assigned by the Councillor or assigned by the City during the period in which the Constituency Assistant continues to be employed by the City after the date on which the Councillor ceases to be a member of the City Council pursuant to subsection 2(1).

5.(1)This agreement may be terminated immediately by the City for cause.

(2) Notwithstanding section 2, this agreement may be terminated by the City without cause at any time upon giving the Constituency Assistant notice or pay in lieu of notice. Where the Constituency Assistant has been continuously employed by the City of Toronto for 3 years or less, the Constituency Assistant will receive 30 days notice or pay in lieu of notice. If the Constituency Assistant receives pay in lieu of notice, all statutory deductions will be deducted. This notice or pay in lieu of notice includes any amount of which the Constituency Assistant may be entitled in the way of notice of termination under the Ontario Employment Standards Act.

(3)Where the Constituency Assistant has been continuously employed by the City of Toronto for greater than 3 years but less than 6 years, the period of time specified in subsection 2 shall be 45 days instead of 30.

(4)Where the Constituency Assistant has been continuously employed by the City of Toronto for 6 years or more, the period of time specified in subsection 2 shall be 60 days instead of30.

6.(1)Except for such amounts as may be payable under the terms of employment to any employee of the City who resigns, no additional amount shall be paid by the City to the Constituency Assistant if his or her employment terminates

(a)for cause as provided for in subsection 5(1); or

(b)by reason of his or her resignation.

(2)Where the Constituency Assistant ceases to be employed as such, but continues to be employed by the City in another position, such employment shall be deemed to be uninterrupted and continuous with employment under this agreement.

7. The Constituency Assistant agrees that the salary, benefits and other terms and conditions of employment provided for in this agreement can be either increased or decreased by the City during the term of employment consistent with any changes applicable to permanent employees of the City in the same Salary Grade arising out of the City's job evaluation or benefit rationalization process.

8.The Constituency Assistant shall comply with and be bound by all rules applicable to permanent employees of the City respecting disclosure of interest, codes of conduct, and confidential information acquired by the Constituency Assistant in the course of his or her employment hereunder.

9.(1)This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understanding and agreements between the parties hereto or between the Constituency Assistant and one of the Old Municipalities with respect thereto. There are not representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory between the parties other than as expressly set forth in this agreement.

(2)No amendment to this agreement shall be valid or binding unless set forth in writing and duly executed by both of the parties hereto. No waiver of any breach of any provisions of this agreement shall be effective or binding unless made in writing and signed by the part purporting to give the same and unless otherwise provided in the written waiver, shall be limited to the specific breach waived.

(3)This agreement is personal to the Constituency Assistant and may not be assigned by the Constituency Assistant.

(4)All notices, requests or other communications by the terms hereof required or permitted to be given by one party to another shall be given in writing by registered mail, postage prepaid addressed to the other party or delivered to the other party as follows:

TO THE CONSTITUENCY ASSISTANT AT:_____________________

_____________________

_____________________

_____________________

_____________________

TO THE CITY AT:Station 1071, ^Th floor, Metro Hall

55 John Street, Toronto, Ontario

M5V 3C6

Attention: City Clerk

or such address as may be given by either of them to the other in writing from time to time and such notices, requests, demands, acceptances and other communication shall be deemed to have been received on the day of delivery, if delivered or if mailed, on the third business day after of the mailing thereof.

In Witness Whereof the City has hereunto affixed its corporate seal attested to by the hands of its officers in that behalf duly authorized and the Constituency Assistant by his or her signature respectively.

Signed, Sealed and Delivered)The City of Toronto

in the presence of )

)

)________________________

)

)________________________

)