City Council on January 26 and 27, 2010, adopted the following:

1.         City Council amend the draft by-law attached as Appendix A to the November 27, 2009 report from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer to:

A.        amend the proposed Chapter 694 to make all decisions of the Sign Variance Committee final and binding with the exception of decisions of the Sign Variance Committee to grant a variance to Chapter 694, which is only final and binding 21 days after its issuance, unless the decision is referred by the Ward Councillor to City Council for final decision in accordance with the mechanism for referral contained in Article V – Variances and By-law Amendments of the proposed Chapter 694; and

B.        add a new subsection to Article V – Variances and By-law Amendments of the proposed Chapter 694, to create a mechanism for the Ward Councillor to require a decision of the Sign Variance Committee to grant a variance to Chapter 694 to be referred to City Council for final decision; such mechanism to include the following:

i.          referrals shall be initiated only by the Ward Councillor for the Ward where the sign is proposed to be erected, displayed, modified or restored;

ii.          the Ward Councillor shall provide the requisite notice to the Chief Building Official, in writing, within 20 days of the decision of the Sign Variance Committee;

iii.        the Community Council for the Ward in which the sign is proposed to be erected, displayed, modified or restored shall hear the Ward Councillor appeal and make recommendations to City Council with respect to granting a variance to the proposed Chapter 694; and

iv.        City Council will be the final decision making authority with respect to granting variances to the proposed Chapter 694 referred to City Council at the request of the Ward Councillor.

2.         City Council amend the City of Toronto Municipal Code Chapter 27, Council Procedures, by adding a new Section 11 to Appendix B – Committees, IV Duties of Community Council to add to the list of Community Council responsibilities and make it the responsibility of the Community Councils to hear the Ward Councillor appeal and make recommendations to City Council with respect to final decisions concerning variances to Chapter 694.

3.         City Council authorize the City Solicitor to prepare the necessary Bills for introduction in Council to implement the above recommendation subject to such stylistic and technical changes to the draft bills as may be required.

The Planning and Growth Management Committee recommends that:

1.         City Council amend the draft by-law attached as Appendix A to the November 27, 2009 report from the Deputy City Manager, Cluster B and the Deputy City Manager and Chief Financial Officer to:

A.        amend the proposed Chapter 694 to make all decisions of the Sign Variance Committee final and binding with the exception of decisions of the Sign Variance Committee to grant a variance to Chapter 694, which is only final and binding 21 days after its issuance, unless the decision is referred by the Ward Councillor to City Council for final decision in accordance with the mechanism for referral contained in Article V – Variances and By-law Amendments of the proposed Chapter 694; and

B.        add a new subsection to Article V – Variances and By-law Amendments of the proposed Chapter 694, to create a mechanism for the Ward Councillor to require a decision of the Sign Variance Committee to grant a variance to Chapter 694 to be referred to City Council for final decision; such mechanism to include the following:

i.          referrals shall be initiated only by the Ward Councillor for the Ward where the sign is proposed to be erected, displayed, modified or restored;

ii.         the Ward Councillor shall provide the requisite notice to the Chief Building Official, in writing, within 20 days of the decision of the Sign Variance Committee;

iii.        the Community Council for the Ward in which the sign is proposed to be erected, displayed, modified or restored shall hear the Ward Councillor appeal and make recommendations to City Council with respect to granting a variance to the proposed Chapter 694; and

iv.        City Council will be the final decision making authority with respect to granting variances to the proposed Chapter 694 referred to City Council at the request of the Ward Councillor.

2.         City Council amend the City of Toronto Municipal Code Chapter 27, Council Procedures, by adding a new Section 11 to Appendix B – Committees, IV Duties of Community Council to add to the list of Community Council responsibilities and make it the responsibility of the Community Councils to hear the Ward Councillor appeal and make recommendations to City Council with respect to final decisions concerning variances to Chapter 694.

3.         City Council authorize the City Solicitor to prepare the necessary Bills for introduction in Council to implement the above recommendation subject to such stylistic and technical changes to the draft bills as may be required.

The Planning and Growth Management Committee held a public meeting on January 6, 2010, and notice was given in accordance with the City of Toronto Act, 2006.

At its meeting of November 30, December 1, 2, 4 and 7, 2009, Toronto City Council requested that the Deputy City Manager, Cluster B report to the Planning and Growth Management Committee on possible amendments to the proposed Chapter 694, Signs, General and to Chapter 27, Council Procedures, of the City of Toronto Municipal Code, which would implement a mechanism to permit decisions of the Sign Variance Committee granting variances to the proposed Chapter 694 to be appealed to City Council for final decision.

The proposed appeal mechanism may only be triggered by the affected Ward Councillor following a decision of the Sign Variance Committee to grant a variance to the proposed Chapter 694.  The relevant Community Council would hear and make recommendations to City Council for final decision concerning granting a variance to Chapter 694.

City Council on January 26 and 27, 2010, adopted the following:

1.          In order to more effectively administer the provisions of Section 111 of the City of Toronto Act, City Council request the Ministers of Municipal Affairs and Housing, Government Services and Finance and the Chief Executive Officer of the Financial Services Commission, in consultation with the City Solicitor, to amend application forms and web site information to make reference and appropriate links to City of Toronto information on the establishment of co‑ownerships and equity co‑operatives (with share capital) involving the conversion of rental properties.

2.         City Council direct City Planning staff to:

a.         continue to liaise with Provincial staff in the relevant application intake offices of the Ministry of Government Services and Financial Services Commission to explore alternative methods of advising potential registrants of corporations involving the conversion of rental property in the City of Toronto of the requirements under Section 111 of the City of Toronto Act; and

b.         update public information on the requirements of Section 111 as it pertains to the conversion of rental housing to co-ownership, and disseminate such information to the Ministry of Government Services and Financial Services Commission, and to other key stakeholders to reiterate and reinforce the City’s requirements in this regard. 

3.         City Council request the Chief Building Official, in consultation with the City Solicitor, to report to the Planning and Growth Management Committee on the feasibility of prohibiting the erection of signage advertising the sale of co-ownership or equity co-operative housing unless municipal approvals for the conversion of a rental building have first been secured from the City.

4.         City Council direct that the City's planning protocol be amended so that the first step in reviewing an application for conversion of a rental building would be a notice mailed to each tenant of the rental property outlining in simple terms the City’s policies regarding conversion all at the expense of the applicant and the application fees for this notification be amended to accommodate the mailing costs.

5.         City Council encourage Members of Council to report co-ownership activity on rental properties to the Chief Planner and the Chief Planner be directed to ensure that the owners of these properties are fully aware of the City’s policies with regard to the conversion of rental properties and the Chief Planner report the matter of signage to the signage unit of the Building Division if the matter involves signage that is not permitted.

The Planning and Growth Management Committee recommends that:

1.         In order to more effectively administer the provisions of Section 111 of the City of Toronto Act, City Council request the Ministers of Municipal Affairs and Housing, Government Services and Finance and the Chief Executive Officer of the Financial Services Commission, in consultation with the City Solicitor, to amend application forms and web site information to make reference and appropriate links to City of Toronto information on the establishment of co‑ownerships and equity co‑operatives (with share capital) involving the conversion of rental properties.

2.         City Council direct City Planning staff to:

a.         continue to liaise with Provincial staff in the relevant application intake offices of the Ministry of Government Services and Financial Services Commission to explore alternative methods of advising potential registrants of corporations involving the conversion of rental property in the City of Toronto of the requirements under Section 111 of the City of Toronto Act; and

b.         update public information on the requirements of Section 111 as it pertains to the conversion of rental housing to co-ownership, and disseminate such information to the Ministry of Government Services and Financial Services Commission, and to other key stakeholders to reiterate and reinforce the City’s requirements in this regard. 

At present, corporations functioning as co-ownerships, including equity co-operatives, are established through a provincial incorporation and registration process.  However, the formation of some of these corporate entities involves the conversion of rental housing which is contrary to Section 111 of the City of Toronto Act and subject to prosecution under that legislation.

Based on the recommendation of the Planning and Growth Management Committee, City Council at its meeting on October 29 and 30, 2008, directed City staff to meet with provincial staff to develop a protocol to resolve concerns related to the creation of co-ownerships through the conversion of rental housing.

Efforts have been made by the Mayor’s office and City staff to meet with Provincial staff and seek changes to relevant legislation and administrative review processes.  To date, these efforts have met with limited success.  This report describes the work undertaken to resolve the issue and presents several recommendations for further action.

This report has been prepared in consultation with staff from the Legal Services Division.

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council grant authority for the introduction of a Bill revising the list of appointed Inspectors under the Building Code Act, 1992.

The Planning and Growth Management Committee recommends that:

1.         City Council grant authority for the introduction of a Bill revising the list of appointed Inspectors under the Building Code Act, 1992.