Presentation by Renato Discenza, Chief Executive Officer, Invest Toronto Inc., on the Market for International Property Trade Show (MIPIM) which was held in Cannes, France from March 16 to 19, 2010.

The General Manager, Economic Development and Culture recommends that:

1.         City Council approve the Design Exchange’s 2010 grant of $500,000 plus accrued interest as per the terms of the City’s grant agreement with the Design Exchange.

2.         City Council recognize the Design Exchange for its work in promoting the value of design.

3.         City Council request the President and CEO of the Design Exchange, together with a representative of the Design Exchange Board of Directors, to report back to the General Manager of Economic Development and Culture in six months on a concrete strategy to raise funds to offset the expiry of the developer’s grant in 2013, to ensure the long term sustainability of the Design Exchange.

The General Manager of Economic Development and Culture recommends that:

1.         City Council allow all retail stores to open or close on Public Holidays including New Year’s Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, Easter Sunday and Family Day at the discretion of the owner and/or manager.

2.         City Council authorize the City Solicitor to bring forward amendments to Municipal Code Chapter 510, Holiday Shopping to reflect this recommendation.

This report recommends amending Municipal Code Chapter 510 Holiday Shopping to allow all retail stores to open or close on public holidays at the discretion of the owner and/or manager.

The enactment of the City of Toronto Act in 2006 meant that the (Ontario) Retail Business Holidays Act (RBHA) which regulates the operation of retail stores on Public Holidays would no longer apply within the City of Toronto. Consequently, as a temporary measure, City Council adopted a by-law to in essence maintain the status quo until a review of holiday shopping practices in Toronto could be completed.

This review, including extensive research and consultation, was undertaken in 2007 and a staff report submitted to the Economic Development Committee for consideration at its February 20, 2008 meeting.  The Committee’s recommendations were considered by City Council at its meeting on March 3, 4 and 5, 2008. City Council voted to receive the item for information only.  Thus, the status quo remains in effect.

Since that time, the issue of retail closures on public holidays has been raised on numerous occasions by businesses in discussions with City staff.  The Toronto Association of Business Improvement Areas (TABIA), Oxford Properties/Yorkdale Shopping Centre and Sherway Gardens wrote to the City, in January and February 2010 respectively, expressing concern about the “inconsistent, confusing and unfair business climate” created by the current policy framework and asking that Council establish a level playing field for retail operations.

In summary, the inequities in the current policy framework arise from the facts that:

•           The requirement for privately owned businesses to close on public holidays applies only to the retail sector.  Employers and employees in all other sectors are permitted to make their own decisions.

•           Within the retail sector, subject to compliance with the Employment Standards Act, the (Ontario) Retail Business Holidays Act and the City’s Municipal Code Chapter 510 provide numerous exemptions, including stores selling foodstuffs, tobacco, antiques, handicrafts, gasoline/motor oil, nursery stock, flowers, fresh fruit, books, newspapers, periodicals and art galleries, of less than 2,400 square feet and employing less than four persons; pharmacies less than 7,500 square feet, restaurants, hotels, laundromats and other coin-operated services, automobile and boat rental establishments and service/repair facilities. Movie theatres, casinos, attractions and places of entertainment are also permitted to open on public holidays.

•           Within the City of Toronto, several areas (Eaton Centre and Hudson Bay Company Queen Street Store, Downtown Yonge BIA, Bloor-Yorkville, Queen’s Quay Terminal, and The Distillery Historic District, applied for and received tourism area exemptions under the RBHA (prior to the City of Toronto Act).

•           Chapter 510 of the Municipal Code does not provide a process for any other areas within the City to apply for an exemption.

•           Also within the City, many retail operators are either unaware or choose to disregard the provisions of Chapter 510 and open on public holidays.

•           Retail stores in other Ontario municipalities, still subject to the RBHA, have applied for and received exemptions.

•           Different areas within the City are subject to different competitive pressures, e.g. Sherway Gardens, Yorkdale, Splendid China, Fairview Mall and other suburban retail areas directly compete with retail operators in surrounding municipalities that have been exempted from provisions of the RBHA.

•           British Columbia, Alberta, Saskatchewan, Yukon Territories, Nunavut, Northwest Territories and most US States permit retailers to make their own choice to open or close on public holidays.

This report recognizes that Toronto is one of the most diverse, multi-cultural cities in the world today and that not everyone experiences holidays in the same way, and recommends that retail businesses, like those in other sectors, be permitted to make their own choice to open or close on public holidays.  In a city the size of Toronto, some individuals will choose to use some public holidays as a day of rest as the best way to improve their quality of life, others will choose to take advantage of additional hours of commerce, or employment at a wage premium, for the same reason.  This report recommends a course of action that respects both choices and provides for a harmonized, fair and equitable regime for operating retail stores on Public Holidays in Toronto.  The right of all employees in all sectors, including retail, to refuse to work on public holidays without repercussion is protected by the (Ontario) Employment Standards Act.

The General Manager, Economic Development and Culture recommends that:

1.         City Council approve additions and deletions to the Fairbank Village, Junction Gardens and Uptown Yonge Business Improvement Areas (BIAs) Boards of Management as set out in Attachment 1 of the report (March 22, 2010) from the General Manager, Economic Development and Culture.

2.         City Council amend Schedule A of the Municipal Code Chapter 19, Business Improvement Areas (BIAs), to reflect changes to the BIA Board of Management.

The General Manager, Economic Development and Culture recommends that:

1.         City Council designate the area described by Attachment 1, and detailed in Attachment 2, of the report (March 22, 2010) from the General Manager, Economic Development and Culture, as the amended Emery Village Business Improvement Area (BIA), under Chapter 19 of the Toronto Municipal Code.

2.         City Council direct the City Solicitor to submit a by-law to designate the area described in Attachment 1, and detailed in Attachment 2, of the report (March 22, 2010) from the General Manager, Economic Development and Culture, as a Business Improvement Area (BIA).

3.         City Council amend Schedule A of the Municipal Code Chapter 19, Business Improvement Areas (BIAs), to reflect the expanded boundary of the Emery Village Business Improvement Area (BIA).

4.         City Council direct the Emery Village Business Improvement Area (BIA) Board of Management to amend its Capital Improvement Master Plan and Streetscape Manual for Landowners to address streetscape improvements, historical identity, branding and other Humber Summit issues.

5.         City Council direct the Emery Village Business Improvement Area (BIA) Board of Management to amend its constitution in accordance with Attachment 3 of the report (March 22, 2010) from the General Manager, Economic Development and Culture, to reflect agreed upon changes addressing Humber Summit concerns.

The General Manager, Economic Development and Culture recommends that:

1.         City Council authorize and direct the City Clerk to send out a notice of Council’s intention to expand the boundary of the Mimico Village Business Improvement Area (BIA) to include the area shown in Attachment 1 of the report (March 8, 2010) from the General Manager, Economic Development and Culture, in accordance with Chapter 19 of the City of Toronto Municipal Code.

2.         City Council request the Executive Director of Technical Services to prepare designation by-law maps of the area, as described by Attachment 1 of the report (March 8, 2010) from the General Manager, Economic Development and Culture, and submit them to the City Solicitor.

The purpose of this report is to recommend that the City Clerk conduct a poll to determine if there is sufficient support to expand the boundaries of the Mimico Village Business Improvement Area (BIA).

Upon the completion of the poll, the General Manager, Economic Development and Culture will report on the results to Council.  Subject to a positive poll result, staff shall prepare the necessary by-laws and bills to give effect thereto. 

Capital budgets may be impacted in future years should streetscape or other capital improvements be undertaken by the expanded Mimico Village Business Improvement Area (BIA).  These capital improvements are cost-shared equally between the BIA and the City.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.