TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on March 2, 3 and 4, 1999

ECONOMIC DEVELOPMENT COMMITTEE

REPORT No. 2

1Film Permit Issuance

City of Toronto

REPORT No. 2

OF THE ECONOMIC DEVELOPMENT COMMITTEE

(from its meeting on January 25, 1999,

submitted by Councillor Brian Ashton, Chair)

As Considered by

The Council of the City of Toronto

on March 2, 3 and 4, 1999

1

Film Permit Issuance

(City Council on March 2, 3 and 4, 1999, deferred consideration of this Clause to the next regular meeting of City Council to be held on April 13, 1999.)

(City Council on February 2, 3 and 4, 1999, deferred consideration of this Clause to the next regular meeting of City Council to be held on March 2, 3 and 4, 1999.)

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(Clause No. 6 of Report No. 1 of The Economic Development Committee)

The Economic Development Committee recommends the adoption of the report (September8, 1998) from the Commissioner of Economic Development, Culture and Tourism subject to substituting Appendix 1 titled "Guidelines for Filming in the City of Toronto" with the revised Appendix 1 attached to the further report (November 13, 1998) from the Commissioner.

The Economic Development Committee submits the following report (September 8, 1998) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

To provide consistency and exemplary customer service in film permit issuance to the film industry, there was need to review the current practices and regulatory framework utilized in the various municipalities. The goal of this review was to ensure that the policies and subsequent procedures governing film permit issuance are standardized across the City and the existing by-laws and accompanying guidelines are harmonized. This report provides an overview of the importance of the film industry to the economy of the City and recommends one unified By-law and comprehensive guidelines to regulate the use of public property for location filming.

Funding Implications:

No funds are required at this time.

Recommendations:

It is recommended that:

(1)the Economic Development Committee endorse the attached Guidelines for Filming in the City of Toronto and the City of Toronto Code of Conduct for Cast and Crew. (Appendices1 and 2);

(2)film location permitting for Toronto be coordinated by the Toronto Film and Television Office in Economic Development with decision making remaining decentralized;

(3)the Economic Development Committee endorse the attached by-law (Appendix 3) and recommend that the City Solicitor be authorized to introduce the necessary Bill in Council to give effect thereto; and

(4)the Commissioner of Economic Development, Culture and Tourism report back as necessary on future developments in the film and television sector including any operational requirements.

Background:

The film industry represents an economic boon to Toronto. It creates jobs, leaves hundreds of millions of dollars in the City, promotes tourism, raises the profile of Toronto and reinforces its place as a global centre for investment. Presently, Toronto ranks third in film and television production in North America and is the second largest exporter of television product, making film and television one of Toronto's fastest growing service industries. This in turn has direct spinoffs which support the entire arts and entertainment industry.

Even during the recent recession, the film and television industry was one of the few industries that continued to expand. Between 1991 and 1997, the average annual growth of production spending was 17 percent. (Table 1).

Insert Table/Map No. 1

Table 1 - Growth in Total Production Spending

As a result, the infrastructure for this industry has grown as well. Toronto is now a production centre capable of providing the industry with a plethora of required services and facilities ranging from pre-production to post-production. Subsequently, new jobs are being created for Toronto based companies in editing and computer graphics and imaging, using hardware and software developed here.

Toronto has enjoyed significant benefits from a film and television production industry that has flourished in the City in the past 19 years. The industry supports approximately 35,000 jobs in the City and generated $1.5 billion in direct and indirect economic spin-offs in 1996. While Canadian production has always been the heart of Toronto's base, the increase of foreign production, mostly from the United States, has contributed to the growth of the industry, and the corresponding expansion of the local talent base and infrastructure. Just under half of the $592,000,000.00 spent on production in the City in 1997 came from the United States to fund American location filming or American participation in co-production or co-ventures produced in Toronto with Canadian partners. (Table 2).

Insert Table/Map No. 2

Table 2 - Growth in U.S. Production Spending

Toronto has become particularly attractive to American film-makers because of the favourable exchange rate on the United States dollar which has given Toronto the cost-competitive edge over major American cities. The consistent infrastructure investment and the abundant employment opportunities during the past decade have enabled Toronto to establish a specialized labour force in both the creative and technical fields as well as state of the art production facilities. As a result, Toronto is now ranked by major Hollywood producers as the equal of its main competitors, New York City and Los Angeles. Nonetheless, demand for filming has increased and opportunities not only in Toronto, but also globally, are expanding. In order to capture more of the market and keep pace, Toronto needs to expand its infrastructure in order to compete with state of the art facilities being built in competitive market places.

Toronto will likely continue to be the leading centre for the expenditure of Canadian financing on Canadian content film and television production to satisfy demands for domestic film and television programming. The availability of facilities, skilled crew, studios and the favourable exchange rate ensure continued production in Toronto. This benefits communities in that the film and television industry have proved themselves to be good corporate citizens and community partners. The industry has a history of donating food, clothing and money to Toronto social service agencies and contributing toward community improvements such as park benches, trees and playground equipment. There is also the Thank You Toronto campaign funded by the film production community to acknowledge the vital role that businesses and residents play in support of the Toronto film and television industry.

To support this growing industry, the Toronto Film and Television Office was established in 1979 to coordinate location filming through permit issuance. The mandate of the office has subsequently expanded to provide economic development and support to the location production community and to promote Toronto as a production centre internationally. For every dollar spent by the Toronto Film and Television Office promoting Toronto, $2,156.00 are brought into our local economy.

The Toronto Film and Television Office has actively supported the development of initiatives which have become industry standards in North America. These include a computerized location filming permit system, a web site with the Ontario Film Development Corporation, marketing and business development programs and the latest initiative, an on-line permit system, the first of its kind in North America. The Office has had success promoting Toronto as a desirable location for filming in part by funding a marketing agent in Los Angeles and fostering relationships with film and television producers in North America, Europe and Asia. Though permitting for location filming takes place in all districts in the new City of Toronto (Table 3), only the former City has a dedicated film office.

Table 3

Number of Film Permits Issued in Toronto - 1997

In further recognition of the importance of Toronto's film industry, City Council established the Film Liaison Industry Committee (FLIC) in 1992. When established it was mandated to: promote a positive atmosphere for location filming in Toronto; assist in improving the public image of Toronto's film industry; encourage cooperation and support for the activities of the film industry; ensure a minimum of "red tape" in the City Hall process; and to facilitate communication between Council and members of the film industry. Since its creation, FLIC has worked closely with numerous municipal bodies to establish policies regarding filming and related requirements that are mutually beneficial. Members of FLIC unanimously endorse the continuation of this committee and have provided valuable input for the purposes of this report.

Comments:

The amalgamated City of Toronto provides a unique opportunity to work collaboratively as never before to serve the film and television business. Currently there are separate application processes in each municipality and numerous different by-laws and guidelines governing location filming on City streets, parks and properties including heritage properties. Permitting is co-ordinated in the former Toronto, through the Toronto Film and Television Office but to a lesser extent in the other municipalities where there are often separate applications required to gain permits from different sections within the municipality. Earlier this year, the Toronto Film and Television Office and the Film Liaison Industry Committee identified an opportunity and a need to harmonize the by-laws and guidelines governing filming throughout the City and provide better customer service. This is the first step in a process which will be followed by a more detailed operational review and evaluation and form the basis of a subsequent report as required. The next phase will also include discussions with Toronto's Agencies, Boards and Commissions at which point, the Guidelines regarding filming and film permitting, may be modified.

For this report and as the first phase of a larger review, a collaborative process was established to review current practices. Individuals in all city departments involved in the film permit process from all former municipalities were identified and attended a meeting at the outset of this review. The key outcomes of that meeting were universal agreement that:

-all present were interested in providing the best possible customer service;

-the City should adopt a "one stop shop" approach to permitting with centralized processing and coordination ( the request for and issuance of permits be handled by one office) and decentralized decision making (review of requests and approvals done by the appropriate divisions across the City);

-the appropriate office to provide the permitting and coordination was the Toronto Film and Television Office in Economic Development, the only existing film office;

-new policies and practices should reflect the good practices existent within all the municipalities and the film industry; and

-the City should adopt an incidental cost replacement versus profit centre approach to filming and film permitting.

Subsequent meetings with different focus groups involved in film permitting resulted in a summary of the existing policies and procedures in each municipality, along with the history, as background. A set of principles and implications which would inform decisions relating to a new by-law and comprehensive set of guidelines for all location filming under the jurisdiction of the City was created. In consultation with the Legal Department, the attached harmonized by-law and guidelines were developed following a consensus building exercise among staff from all departments who concur with this report and its recommendations. In addition, the attached City of Toronto Code of Conduct for Cast and Crew, developed by the Film Industry Liaison Committee and the film industry, made its debut appearance before these focus groups.

Highlights of the recommended guidelines and internal policies representing the good practices throughout the City include:

-Notifying both Ward Councillors each time filming occurs in their ward.

-Notifying affected residents, occupants and businesses of all filming activities in their area.

-Ensuring that all users of public spaces get fair treatment.

-Ensuring safe, responsible and sustainable filming practices.

-Having staff of the TFTO scan all scripts.

-Keeping track of sensitive, special needs areas and ensuring that their use is monitored and tracked to inform decision making with regard to permitting.

-Recovering out of pocket expenses resulting from filming rather than collecting permit fees.

Conclusion:

The film and television production industry is unusual in the importance that it attaches to relationships. Given the large number of productions in which the Toronto Film and Television Office has been involved, the office's network of contacts is immense and an invaluable resource for both the Toronto production community and the amalgamated City. The evolution of the TFTO and the recommended harmonized by-law and comprehensive guidelines, together with the City of Toronto Code of Conduct for Cast and Crew and the Film Liaison Industry Committee will better position Toronto as a desirable location for film production and provide the industry with the best possible service. In turn this will continue to bring tax dollars and jobs to the City.

Contact Names:

Rise KogonRhonda Silverstone

Economic Development Toronto Film and Television Office

Toronto City Hall Office (392-7696)Toronto City Hall (392-1333)

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Appendix 1

Guidelines for Filming in the City of Toronto

(1)Applicability: The following guidelines apply to all location filming which takes place in the City of Toronto, except for current affairs and newscasts.

(2)Permit Issuance: Permits for location filming will be co-ordinated through and issued by the Toronto Film and Television Office (TFTO).

(3)Timelines for Submission of Application: The TFTO will be advised of all location filming requiring a permit, not less than 2 business days in advance of filming or in City Parks, as agreed to between the Parks Division and the TFTO. This does not apply to previously permitted locations where rescheduling is necessary. However, if an alternate shoot date is required and it is not on the permit or is a date other than what is on the permit, a subsequent letter of notification as described in Guideline 4 is required, but the application period is waived. Filming that includes but is not limited to road closures, multi-lane closures and special effects requires at least 4 days notice.

(4)Community Notification: The film company must notify affected residents, occupants and businesses, in advance of filming and as instructed by the TFTO, of the duration and location of filming, including information about planned special effects, road and lane closures, sidewalk usage and the time that cones will be placed on the street to restrict parking. A Handbook outlining notification procedures is available from the TFTO.

(5)Restrictions on Hrs./Days for Filming: Permits authorizing filming in residential areas between 11:00 p.m. and 7:00 a.m. will not be approved unless all affected residents have been notified in advance. Depending on the potential impact on the area, a majority of affected residents will have to give either their written or verbal consent for filming to occur in these circumstances.

(6)Limitations: Location filming in residential areas will be limited to 3 occasions/year for each residential block unless approval of a majority of affected residents is given for additional occurrences and all notification procedures are followed to the satisfaction of the TFTO. The amount of filming in other areas may also be limited as determined by the TFTO.

(7)Consideration to Residents/Occupants/Businesses: These groups should be free from any negative environmental conditions resulting from filming including but not limited to, spill over lighting, exhaust fumes or noise that may affect their ability to enjoy their property or conduct their business unless they have been contacted and do not express any objection. Specifically:

(i)Lighting: Lighting for filming should be oriented away from neighbouring residences unless residents have been contacted and do not express any objection and should not interfere with the safe movement of traffic.

(ii)Noise: The production company must comply with legislation governing noise, unless the affected residents/occupants/businesses have been advised of the nature of the noise and do not object.

(iii)Generators: All generators used on streets in residential areas or in City Parks will be "blimped" generators unless otherwise approved.

(8)Disruption to Residents/Occupants/Businesses: It is the production company's responsibility to ensure that there is a minimum of disruption to residents, occupants, businesses and City employees where filming occurs. This includes ensuring residents, owners and customers access to the respective premises and ensuring pedestrian and vehicular access to adjoining properties. The production company is under no obligation to provide compensation for disruption unless agreed to in advance and/or receipts accompanying any claims of compensation are presented to the film company. Disruption of parking as a result of a film permit is not compensable.

Every effort should be made to ensure that people displaying legitimate credentials such as disabled parking permits are accommodated in recognition of their personal safety.

(9)Identification of Production Vehicles: All vehicles carrying equipment involved in the production will be issued a Location Filming Vehicle Permission Card which must be displayed on their dashboards and it is the responsibility of the production company to determine in advance, the number of production vehicles requiring such a permit.

(10)Traffic:

(i)No interference to pedestrian or vehicular traffic is to occur without being noted on the permit. Every opportunity is to be taken to ensure that access, either vehicular or pedestrian, is not restricted to persons with disabilities.

(ii)Production vehicles must comply with appropriate traffic regulations unless stated otherwise on the permit.

(iii)All moving vehicles must comply with regulations governing traffic in City Parks/Properties unless otherwise noted on the permit.

(iv)Except where a road is closed for filming, where a moving vehicle is involved, the applicant shall adhere to the posted speed limits and to lawful conditions unless directed otherwise by a Pay Duty Officer.

(11)Parking and/or Standing:

(i)Production vehicles must not block fire hydrants or be parked in fire routes or within 9 metres of an intersecting street or impede any emergency response vehicles and must also adhere to any other requirements specified on the permit.

(ii)In City Parks, production vehicles and equipment must not block driveways or other access/egress ramps. In all other circumstances, vehicles cannot block driveways or other access ramps without the approval of the owner.

(iii)No production equipment/vehicles are to be within 30 metres of a subway entrance, a bus or streetcar stop, a pedestrian cross-over or a signalized intersection unless otherwise noted on the permit.

(iv)It is up to the film company to make alternate parking arrangements for residents whose vehicles are displaced by the filming activity. Relocating vehicles by towing to accommodate filming or parking will not be permitted.

(v)Production vehicles must not block parking lot access/egress ramps and accessible parking for persons with disabilities.

(12)Traffic Stoppages: Intermittent traffic stoppages to a maximum of 3 minutes, unless stated otherwise, shall be under the supervision of a Pay Duty Police Officer. It is the production company's responsibility to arrange for the Transportation Division to cover, alter, remove and/or reinstall traffic or street signs as may be necessary.

(13)Filming Activities and Relationship to Police/Fire:

(i)Appropriate Pay Duty Police Officers are required for the detonation of pyrotechnic special effects. A blast analysis may be required and additional time is needed to arrange for this activity.

(ii)The Toronto Fire Department must be advised when the use of flammable liquids/materials is being planned.

(iii)Pay Duty Police Officers are required as determined by the TFTO for such things as permit compliance, intermittent traffic stoppages and traffic control and/or when required to direct pedestrian or vehicular traffic including those instances involving City Parks/Properties. A copy of the permit is to be supplied to the Pay Duty Officer on duty. All costs associated with these requirements are the expense of the applicant.

(14)Clean-up: Production crews will clean the location at the end of the day with a minimum amount of noise and disruption and ensure that the area is returned to its original condition, unless otherwise approved by the TFTO or other arrangements are made with an operating Division of the City and noted on the permit, in which case the production company will be billed accordingly. Materials and debris are not to be washed into catch basins.

(15)Conduct: It is the responsibility of the production company to ensure that their staff operate in a safe and professional manner in the course of their duties and adhere to the City of Toronto Code of Conduct for Cast and Crew.

(16)Insurance: All companies filming in the City of Toronto, must present to the Commissioner of Finance, prior to permit issuance, a certificate of comprehensive general liability insurance in the amount of $2 Million per occurrence or such higher limits as the City of Toronto reasonably requires depending on the nature of filming and all such policies shall add the City of Toronto as an additional insured and shall contain a cross liability clause, a severability of interests clause and shall not call into contribution any other insurance available to the City of Toronto.

(17)Expenses: The production company is responsible for all out-of-pocket expenses related to the use of City roads, properties, parks or equipment and shall be given an estimate of these costs prior to permitting. Once filming begins or is about to begin, if there are any changes to these arrangements, the production company is to be notified immediately. Whenever expenses are anticipated, the production company will be required to issue a purchase order number to the City to cover these costs and may also be asked to pay in advance.

(18)Security Deposit: Where deemed necessary by the appropriate City Department/Agency, a certified security deposit shall be required prior to the issuance of a film permit as stipulated on the permit and this deposit shall not be returned until all invoices and charges have been cleared.

(19)Safety:

(i)Interior safety signs in buildings must not be covered, (eg., fire exit signs) unless expressly agreed to by the property manager.

(ii)All production companies must adhere to the Ontario Ministry of Labour's Safety Guidelines for the Film & Television Industry in Ontario, 3^rd Edition, March 1997.

(iii)The Ontario Ministry of Transportation's Manual of Uniform Traffic Control Devices for Temporary Work Sites. This information is available from the respective Ministries and the TFTO.

(20)Restrictions:

(i)There may be sensitive areas and/or properties in the City of Toronto in which filming may be restricted. Specifically, no filming will take place in front of 360 University Avenue (United States Consulate).

(ii)Filming on controlled access highways such as the Don Valley Parkway and Fred G .Gardiner Expressway requires special consideration.

(iii)Decisions about the nature and extent of filming in or around a heritage property will be negotiated on a case by case basis with the appropriate officials.

(iv)The TFTO reserves the right to refuse to issue a permit to a production company or individual who has failed in the past, to adhere to these guidelines or any filming guidelines of the former municipalities now forming the City of Toronto.

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Appendix 2

City of Toronto

Code of Conduct for Cast and Crew

Film and television productions are all guests in residential and commercial areas and shall treat all locations, as well as the members of the public, with courtesy. It is the responsibility of each production company to ensure that cast and crew comply with this Code of Conduct. Please observe the following and act accordingly.

To the Public: If you find this production company is not adhering to this Code of Conduct, please call the Toronto Film & Television Office at (416) 392-7570, Monday to Friday between 8:30 a.m. and 6:00 p.m. or :

of at . Production Manager Title of Production Telephone No.

(1)When filming in a neighbourhood or business district, proper notification (at least two working days notice) is to be provided to each merchant or resident directly affected by filming activity (this includes parking, base camps and meal areas). The filming notice shall include:

-name of production company, title of production

-kind of production (e. g. feature film, movie of the week, tv pilot, etc.)

-type and duration, and description of activity (i.e. times, dates and number of days, including prep and strike

-company contact , . Location Manager Location Assistant

The Code of Conduct shall be attached to every filming notification which is distributed in the neighbourhood or business district.

(2)Production vehicles arriving on location in or near a residential neighbourhood shall not enter the area before the time stipulated on the permit. Production vehicles shall park one by one, turning off engines as soon as possible. Cast and crew vehicles are not covered by the location filming permit and shall observe designated parking areas noted by location managers. This shall appear on the call sheet map. Filming takes place between 7:00 a.m. and 11:00 p.m. unless residents are surveyed and have given approval.

(3)Moving or towing of any vehicle is prohibited without the express permission of the owner of the vehicle.

(4)Production vehicles shall not block, or park in, driveways without the express permission of the driveway owner.

(5)Pedestrian traffic not to be obstructed at any time. All cables and similar items to be channelled.

(6)Do not trespass on residents' or merchants' property. Remain within the boundaries of the property that has been permitted for filming.

(7)No alcoholic beverages permitted at any time on any set or location.

(8)Cast and crew meals shall be confined to the area designated in the location agreement or permit. Individuals shall eat within their designated meal area, during scheduled crew meals. All trash must be disposed of properly upon completion of the meal. All napkins, plates, and coffee cups used in the course of the work day shall be disposed of in the proper receptacles. All catering, crafts service, construction, strike and personal trash must be removed from the location, ensuring that all locations are returned to their original condition.

(9)Observe designated smoking areas and always extinguish cigarettes in appropriate containers.

(10)Removing, trimming and/or cutting of vegetation or trees is prohibited unless approved by the permit authority (Forestry Division of Parks through the Toronto Film and Television Office) or property owner.

(11)Film crew shall not remove City street signs. This must be done by City staff (City Works Services). Call Emergency Dispatch at 392-7737.

(12)Every member of the cast and crew shall keep noise levels as low as possible at all times. Cast and crew will refrain from the use of lewd or improper language

(13)Film company employees shall wear appropriate clothing while on location (i.e., t-shirts with offensive slogans or logos are not acceptable)

(14)Crew members shall not display signs, posters, or pictures on vehicles that members of the public may find offensive or objectionable (i.e., material containing vulgar language or sexual content).

(15)Every member of the crew shall wear a production pass (badge) when required by the location.

(16)The cast and crew shall not bring guests or pets to the location, unless expressly authorized in advance by the company.

(17)The company will comply at all times with the provisions of the filming permit which include adherence to the City of Toronto By-law regarding location filming and the Guidelines for Filming in the City of Toronto. A copy of the filming permit shall be on location at all times with the location department.

The production company appreciates your cooperation and assistance in upholding the Code of Conduct. Failure to comply with this Code of Conduct can result in disciplinary action by the production company or your union, guild or association.

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Appendix 3

THE CITY OF TORONTO

By-law No. ____

TO REGULATE THE USE OF CITY PROPERTY FOR LOCATION FILMING

WHEREAS the Council of the City of Toronto deems it necessary to require permits for location filming in the City of Toronto and to regulate the use of highways, properties and parks under its jurisdiction for purposes of location filming.

NOW, THEREFORE, the Council of the City of Toronto hereby enacts as follows:

(1)In this By-law:

(a) "Commissioner" means the Commissioner of Economic Development, Tourism and Culture or his or her designate unless otherwise stated.

(b)"Filming" means the activities required for the preparation or production of film for cinematographic purposes outside a studio or film laboratory and includes the production of commercials and videos, but does not include current affairs, news casts, street interviews or home movies.

(c)"Guidelines" mean the Guidelines for Filming in the City of Toronto.

(d)"Highway" means any public highway, road or street under the jurisdiction of the City and shall include any bridge, sidewalk, boulevard, median, lane, alley, square or thoroughfare.

(e)"Park" means land and land covered by water and all portions thereof owned by or made available by lease, agreement, or otherwise to the city that is or hereafter may be established, dedicated, set apart or made available for use as public open space or golf course, and that has been or hereafter may be placed under the jurisdiction of the Commissioner including any and all buildings, structures, facilities, erections, and improvements located in or on such land, save and except where such land is governed by other by-laws of the City.

(f)"Permit" means any permit issued in accordance with the provisions of this By-law.

(g)"Property" means any real property owned, leased or under the control or jurisdiction of the City.

(2)No person shall occupy any portion of a highway, property or park under the jurisdiction of the City of Toronto for filming purposes except in accordance with a valid permit issued pursuant to this by-law.

(3)Any person desiring to occupy a portion of a highway, property or park for filming purposes shall apply for a permit to the Commissioner in accordance with the "Guidelines for Filming in the City of Toronto" (hereinafter called the "Guidelines").

(4)(1)The Commissioner through the Toronto Film and Television Office shall issue the permit for the period specified in the permit subject to the applicant for the permit entering into an agreement:

(a)To comply with this By-law, the Guidelines, the City of Toronto Code of Conduct for Cast and Crew, and any other By-laws of the City;

(b)To indemnify and save harmless the City of Toronto from any action, claim, damage or loss whatsoever and pay legal fees reasonably incurred by the City arising from the issuance of the permit or the use of the highway, property or park.

(c)To provide a certificate of insurance in accordance with the Guidelines and in a form satisfactory to the City Treasurer.

(d)To provide a security deposit, where deemed necessary, in an amount satisfactory to the Commissioner to ensure that the highway, property or park is restored to the condition it was in prior to its occupation or use.

(2)If an applicant fails to comply with the provisions of this By-law, the Guidelines, the Code of Conduct for Cast and Crew, any agreement entered into pursuant to this By-law or any permit issued pursuant to this By-law, the Commissioner may revoke or suspend the permit forthwith without notice.

(5)Where the Commissioner revokes, suspends or refuses to approve the issuance of a permit, the applicant may request that the matter be referred to the applicable Community Council for its determination.

(6)Despite any other By-law of the City, where a permit has been issued under Section 4 or 5, the holder of it may use the highway, property or park or part of it named in the permit for the purposes and during the period specified in the permit, upon the terms and conditions set out in the permit and as contained in the agreement made under Section 4 or 5.

(7)The Commissioner of Works and Emergency Services or his or her designate may authorize the temporary closure of a highway, or portion of it during the period specified in the permit issued under Section 4 or 5 and where a highway or portion of it has been temporarily closed under this subsection or pursuant to any other by-law of the City, no person shall use the highway or portion of it during the period of closure except for pedestrian traffic or under the authority of the permit.

(8)Any person who contravenes any provision of the By-law is guilty of an offence and on conviction is liable to a fine in such amount provided for by the Provincial Offences Act, R.S.O. 1990. c. P.33 as may be amended from time to time.

The Economic Development Committee also submits it the report (November 13, 1998) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

Please find attached revised filming guidelines. These guidelines were revised after the last Economic Development Committee meeting of October 19, 1998 after further consultation with the industry. Please replace the original set of guidelines with this set.

Contact Name:

Ms. Brenda Librecz

Managing Director, Economic Development

Tel.: 397-4700

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Appendix 1

Guidelines For Filming In The City Of Toronto

1.Applicability: The following guidelines apply to all location filming which takes place in the City of Toronto, except for current affairs and newscasts.

2.Permit Issuance: Permits for location filming will be co-ordinated through and issued by the Toronto Film and Television Office (TFTO).

3.Timelines for Submission of Application: The TFTO will be advised of all location filming requiring a permit, not less than 2 business days in advance of filming or in City Parks, as agreed to between the Parks Division and the TFTO. This does not apply to previously permitted locations where rescheduling is necessary. However, if an alternate shoot date is required and it is not on the permit or is a date other than what is on the permit, a subsequent letter of notification as described in Guideline 4 is required, but the application period is waived. Filming that includes but is not limited to road closures, multi-lane closures and special effects requires at least 4 days notice.

4.Community Notification: The film company must notify affected residents, occupants and businesses, in advance of filming and as instructed by the TFTO, of the duration and location of filming, including information about planned special effects, road and lane closures, sidewalk usage and the time that cones will be placed on the street to restrict parking. A Handbook outlining notification procedures is available from the TFTO.

5.Restrictions on Hrs./Days for Filming: Permits authorizing filming in residential areas between 11:00 p.m. and 7:00 a.m. will not be approved unless all affected residents have been notified in advance. Depending on the potential impact on the area, a majority of affected residents (as determined by the TFTO) will have to give either their written or verbal consent for filming to occur in these circumstances.

6.Limitations: Location filming in residential areas will be limited to 3 occasions/year for each residential block unless approval of a majority of affected residents (as determined by the TFTO) is given for additional occurrences and all notification procedures are followed to the satisfaction of the TFTO. The amount of filming in other areas may also be limited as determined by the TFTO.

7.Consideration to Residents/Occupants/Businesses: These persons should be free from any negative environmental conditions resulting from filming including but not limited to, spill-over lighting, exhaust fumes or noise that may affect their ability to enjoy their property or conduct their business unless they have been contacted and do not express any objection. Specifically:

(i)Lighting: Lighting for filming should be oriented away from neighbouring residences unless residents have been contacted and do not express any objection and should not interfere with the safe movement of traffic.

(ii)Noise: The production company must comply with legislation governing noise. If the affected residents/occupants/businesses have been advised in advance of the nature of the noise and do not object, the likelihood of a complaint will be reduced.

(iii)Generators: All generators used on streets in residential areas or in City Parks will be "blimped" generators unless otherwise approved.

8.Disruption to Residents/Occupants/Businesses: It is the production company's responsibility to ensure that there is a minimum of disruption to residents, occupants, businesses and City employees where filming occurs. This includes ensuring residents, owners and customers access to their respective premises and ensuring pedestrian and vehicular access to adjoining properties. The production company is under no obligation to provide compensation for disruption unless it voluntarily agrees to do so with residents/occupants/businesses or otherwise has legal obligation to do so. Disruption of parking as a result of a film permit is not compensable unless otherwise agreed with the applicable persons. Every effort should be made to ensure that people displaying legitimate credentials such as disabled parking permits are accommodated in recognition of their personal safety.

9.Identification of Production Vehicles: All vehicles carrying equipment involved in the production will be issued a Location Filming Vehicle Permission Card which must be displayed on their dashboards and it is the responsibility of the production company to determine in advance, the number of production vehicles requiring such a permit.

10.Traffic:

(i)No interference with pedestrian or vehicular traffic is to occur without being noted on the permit. Every opportunity is to be taken to ensure that access, either vehicular or pedestrian, is not restricted to persons with disabilities.

(ii)Production vehicles must comply with appropriate traffic regulations unless stated otherwise on the permit.

(iii)All moving vehicles must comply with regulations governing traffic in City Parks/Properties unless otherwise noted on the permit.

(iv)Except where a road is closed for filming, where a moving vehicle is involved, the applicant shall adhere to the posted speed limits and to lawful conditions unless directed otherwise by a Pay Duty Officer.

11.Parking and/or Standing:

(i)Production vehicles must not block fire hydrants or be parked in fire routes or within 9 metres of an intersecting street or impede any emergency response vehicles and must also adhere to any other requirements specified on the permit.

(ii)In City Parks, production vehicles and equipment must not block driveways or other access/egress ramps. In all other circumstances, vehicles cannot block driveways or other access ramps without the approval of the owner.

(iii)No production equipment/vehicles are to be within 30 metres of a subway entrance, a bus or streetcar stop, a pedestrian cross-over or a signalized intersection unless otherwise noted on the permit.

(iv)It is up to the film company to make alternate parking arrangements for residents in possession of a valid street parking permit for that area whose vehicles are displaced by the filming activity. Relocating vehicles by towing to accommodate filming or parking will not be permitted.

(v)Production vehicles must not block parking lot access/egress ramps and accessible parking for persons with disabilities.

12.Traffic Stoppages: Intermittent traffic stoppages to a maximum of 3 minutes, unless stated otherwise, shall be under the supervision of a Pay Duty Police Officer. It is the production company's responsibility to arrange for the Transportation Division to cover, alter, remove and/or reinstall traffic or street signs as may be necessary.

13.Filming Activities and Relationship to Police/Fire:

(i) Appropriate Pay Duty Police Officers are required for the detonation of pyrotechnic special effects. A blast analysis may be required and additional time is needed to arrange for this activity.

(ii)The Toronto Fire Department must be advised in advance in writing when the use of flammable liquids/materials is being planned.

(iii)Pay Duty Police Officers are required as determined by the TFTO for such things as permit compliance, intermittent traffic stoppages and traffic control and/or when required to direct pedestrian or vehicular traffic including those instances involving City Parks/Properties. A copy of the permit is to be supplied to the Pay Duty Officer on duty. All costs associated with these requirements are the expense of the applicant.

14.Clean-up: Production crews must clean the location at the end of the day with a minimum amount of noise and disruption and ensure that the area is returned to its original condition, unless otherwise approved by the TFTO or other arrangements are made with an operating Division of the City and noted on the permit, in which case the production company will be billed accordingly. Materials and debris are not to be washed into catch basins.

15.Conduct: It is the responsibility of the production company to ensure that their staff operate in a safe and professional manner in the course of their duties and adhere to the City of Toronto Code of Conduct for Cast and Crew.

16.Insurance: All companies filming in the City of Toronto, must present to the Commissioner of Finance, prior to permit issuance, a certificate of comprehensive general liability insurance in the amount of $2 Million per occurrence or such higher limits as the City of Toronto reasonably requires depending on the nature of filming and all such policies shall add the City of Toronto as an additional insured and shall contain a cross liability clause, a severability of interests clause and shall not call into contribution any other insurance available to the City of Toronto. In addition, such policies, may not be cancelled or amended without the prior written consent of the City of Toronto via the TFTO.

17.Expenses: The production company is responsible for all out-of-pocket expenses related to the use of City roads, properties, parks or equipment and shall be given an estimate of these costs prior to permitting. Once filming begins or is about to begin, if there are any changes to these arrangements, the production company is to be notified immediately. Whenever expenses are anticipated, the production company will be required to issue a purchase order number to the City to cover these costs and may also be asked to pay in advance.

18.Security Deposit: Where deemed necessary by the appropriate City Department/Agency, a certified security deposit shall be required prior to the issuance of a film permit as stipulated on the permit and this deposit shall not be returned until all invoices, charges and claims have been cleared.

19.Safety:

(i)Interior safety signs in buildings must not be covered, (eg., fire exit signs) unless expressly agreed to by the property manager.

(ii)All production companies must adhere to the Ontario Ministry of Labour's Safety Guidelines for the Film and Television Industry in Ontario, 3^rd Edition, March 1997, and

(iii)the Ontario Ministry of Transportation's Manual of Uniform Traffic Control Devices for Temporary Work Sites. This information is available from the respective Ministries and the TFTO.

20.Restrictions:

(i)There may be sensitive areas and/or properties in the City of Toronto in which filming may be restricted. Specifically, no filming of 360 University Avenue (United States Consulate).

(ii)Filming on controlled access highways such as the Don Valley Parkway and Fred G. Gardiner Expressway requires special consideration.

(iii)Decisions about the nature and extent of filming in or around a heritage property will be negotiated on a case-by-case basis with the appropriate officials.

(iv)The TFTO reserves the right to refuse to issue a permit to a production company or individual who has failed in the past, to adhere to these guidelines or any filming guidelines of the former municipalities now forming the City of Toronto.

The Economic Development Committee also submits the following report (January 5, 1999) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

To clarify the reporting on the operation of the Film and TV Office with respect to harmonized bylaws for film permit issuance, operational review and the potential to introduce user fees for film permits. The operational review and the user fee reports will be forwarded to Economic Development Committee in February. The film permit bylaws, including the Guidelines and Code of Conduct, are currently before the Committee at the January meeting.

Recommendation:

It is recommended that the recommendations of report ECO-98-41 Film Permit Issuance Review of Practices, Procedures, Policies and Bylaws be approved.

Background:

At the September 19, 1998 meeting of the Economic Development Committee, a report requesting the establishment of a one-stop-shop for film permitting in the new City of Toronto was presented along with a harmonized bylaw for filming in public locations. The report was a collaborative effort by interdepartmental teams, Film Liaison Industry Committee (FLIC), and the film industry.

The report was deferred for consultation with local Councillors and residents. Due to time constraints at the last Economic Development Committee, the report has been referred to the January meeting. The Committee also directed that the Commissioner of Economic Development, Culture and Tourism report on the following suggested motions of Councillor Flint for consideration at the Committee's next meeting on January 15, 1999:

"1.That the report (September 8, 1998) from the Commissioner of Economic Development, Culture and Tourism as amended by his further report (November 13, 1998) be amended by adding to Recommendation (1) a directive that affected Ward Councillor(s) be notified of each film location application prior to any permit being issued;

2.That the Commissioner of Economic Development, Culture and Tourism be requested to report back to the Committee on the issue of location film permit fees and that such report be guided by the principle that administration/promotion of location filming in Toronto shall be self-sustaining; and

3.That the Commissioner of Economic Development, Culture and Tourism explore the possibility of any excess film permit revenues being directed towards the subsidization of recreational user fees in high-need areas."

Comments:

The purpose of this report is to clarify the reporting on the operation of the Film and TV Office with respect to harmonized bylaws for film permit issuance, operational review and the potential to introduce user fees for film permits. The operational review and the user fee reports will be forwarded to Economic Development Committee in February. The film permit bylaws are currently before the Committee at the January meeting. Motions (2) and (3) from Councillor Flint will be addressed in the user fee report in February.

The operational and user fee review will not directly impact the approval of the bylaws and in fact holds up the introduction of a new initiative completed by the Film industry and FLIC, entitled the City of Toronto Code of Conduct for Cast and Crew. This new initiative will have positive impacts on building better relations with the film industry and the peoples living and working in the areas where film shooting is occurring.

A review of motion (1) from Councillor Flint "that the report (September 8, 1998) from the Commissioner of Economic Development, Culture and Tourism as amended by his further report (November 13, 1998) be amended by adding to Recommendation (1) a directive that affected Ward Councillor(s) be notified of each film location application prior to any permit being issued" was considered and with over 7,000 permits issued per year, notification prior to permit issuance would adversely affect customer service and would incur increased operating costs.

However, the guidelines do indicate that all Councillors will be notified in advance of filming. They will be provided information on the duration and location of filming including planned special effects, road and lane closures, and sidewalk usage.

The Toronto Film and TV Office believes that with the new bylaws in place and the establishment of a consistent approach to monitoring locations for film permitting through one office, there will be a greater opportunity for improved service and better relationships with community members.

The Economic Development Division will report back after one year of the implementation of the guidelines to ensure the results are as intended.

Contacts:

Rhonda Silverstone

Manager, Toronto Film and TV Office

Tel.: 392-1333

Brenda Librecz

Managing Director, Economic Development

Tel.: 397-4700

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The Economic Development Committee also had before it the following communications, which were forwarded to all Members of Council with the agenda of the Economic Development Committee for its meeting on January 25, 1999, and copies thereof are on file in the office of the City Clerk:

-(Undated) from Yolanda Adamovsky, opposing the film policy;

-(October 16, 1998) from S.R. Battista, opposing the film policy;

-(January 21, 1999) from Michael O'Bee, Scarborough, opposing the film policy; and

-(Undated) from Councillor Pam McConnell - Don River, supportive of the film industry and expressing some concerns.

Respectfully submitted,

BRIAN ASHTON

Chair

Toronto, January 25, 1999

(Report No. 2 of The Economic Development Committee, consisting of one Clause only, was deferred by City Council on March 2, 3 and 4, 1999, to the next regular meeting of City Council to be held on April 13, 1999.)