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August 4, 1998
COMMUNITY AND NEIGHBOURHOOD SERVICES COMMITTEE:
The Board of Directors of The Metropolitan Toronto Housing Company Limited on July 27,
1998, had before it a report (July 22, 1998) from the City Solicitor, advising that
amendments are required to By-laws Nos. A-1, A-4, A-8 and A-9 of the Metro Housing
Company in order to recognize the new position of Chief Operating Officer, correct the title
of the Executive Vice-President's position with the City, and to modify the financial
authority of the Chief Operating Officer; and recommending that:
(1)the draft amending by-law [The Metropolitan Toronto Housing Company Limited
By-law No.20] attached to this report be enacted as a by-law of the Housing Company;
(2)the amending by-law enacted pursuant to Recommendation No. (1) be forwarded to the
Clerk of the City of Toronto for confirmation by City Council; and
(3)the appropriate members of Housing Company staff be authorized to take the necessary
action to give effect to Recommendation No. (2).
The Board of Directors adopted, without amendment, the aforementioned report.
Corporate Secretary
R. MacKenzie/in
Item No. M-9
Attachment
Sent to:Community and Neighbourhood Services Committee
Chief Operating Officer, Housing Company
City Solicitor, Attention: Mr. D. Brown
(Report dated July 22, 1998,
addressed to the Board of Directors,
The Metropolitan Toronto Housing Company Limited
from the City Solicitor.)
Purpose:
To authorize amendment of By-laws Nos. A-1, A-4, A-8 and A-9 to recognize the new
position of Chief Operating Officer, correct the title of the Executive Vice-President's
position with the City and modify the financial authority of the Chief Operating Officer.
Recommendations:
It is recommended that:
(1)the draft amending by-law [The Metropolitan Toronto Housing Company Limited
By-Law No. 20] attached to this report be enacted as a by-law of the Housing Company;
(2)the amending by-law enacted pursuant to Recommendation No. (1) be forwarded to the
Clerk of the City of Toronto for confirmation by City Council; and
(3)the appropriate members of Housing Company staff be authorized to take the necessary
action to give effect to Recommendation No. (2).
Background:
At its meeting of May 8, 1998, the Board of Directors adopted the report, entitled "Housing
in the City of Toronto" prepared by senior management of the Housing Company and
Cityhome, in which it was recommended, inter alia, that a Shelter and Support Division be
established within the City's Community and Neighbourhood Services Department and that
separate leadership for the Housing Company and that Division be endorsed.
The City has since created such a division (the Shelter, Housing and Support Division) and
appointed Joanne Campbell as its General Manager as of July 15, 1998.
In view of the separate leadership mentioned above, and the adoption by the City of the title
"General Manager" for the head of the new Division, it is desirable that some other title be
adopted by the Housing Company for its senior official and its by-laws be amended
accordingly, including addition of provision for the Commissioner to designate an acting
senior official where the office is vacant. Housing Company staff and the Commissioner
have settled on the expression "Chief Operating Officer".
At its meeting of June 22, 1998, the Board of Directors authorized an increase in the Chief
Operating Officer's delegated spending authority other than with respect to consulting
services, from $100,000.00 to $250,000.00, and therefore By-law No. A-4 granting such
authority should be amended accordingly.
Subsection 1(1) of that by-law was amended by By-law No. A-15 to refer to the City's
"Executive Commissioner, Community and Neighbourhood Services", but in making the
appointment of the Commissioner (and other Commissioners), at its meeting of February 4,
5 and 6, 1998, City Council dropped the word "Executive", and therefore the subsection
should be amended accordingly.
Rainer Soegtrop, the Housing Company's acting senior official appointed by the
Commissioner pending designation of a permanent Chief Operating Officer, has advised
that while the authority in clause 2(5)(d) of By-law No. A-4 to write off uncollectible rents
in an amount up to $30,000.00 annually continues to be workable, the annual limit of
$1,000.00 per household in the same clause is unrealistically low and should be increased to
$5,000.00.
A draft amending by-law addressing the foregoing issues is attached to this report, and a
separate report with its own draft amending by-law will be submitted to the Cityhome
Board.
Discussion:
Sections 1, 3 and 4 and subsections 2(2), (3) and (6) of the draft by-law will substitute the
expression "Chief Operating Officer" for "General Manager" in By-laws Nos. A-1 (General
Organization), A-4 (Senior Officers and their Financial Authorities), A-8 (Meetings) and
A-9 (Dispositions of Real Estate). Subsection 2(3) also provides for the Commissioner to
appoint a person to carry out the Chief Operating Officer's responsibilities during vacancies,
and subsection 2(6) also removes the text ", Housing Division" from the title over which the
Chief Operating Officer is to sign in reports.
Subsection 2(1) of the draft will remove the word "Executive" from the reference to the
Commissioner's title in By-law No. A-4, and subsections 2(4) and (5) will implement the
modifications indicated above respecting the Chief Operating Officer's financial authorities
in the same By-law.
Subsections 5(1) to (4) of the draft provide for appropriate in-force dates.
Although every by-law passed by the Board of Directors becomes effective in accordance
with its terms as soon as it is passed, its effectiveness will cease unless the by-law is
confirmed at the next shareholder's meeting, which in the case of the Housing Company is a
meeting of its shareholder's Council at which shareholder functions with respect to Housing
Company are carried out. Recommendation (2) therefore calls for transmittal of the enacted
by-law to the City Clerk for confirmation by City Council in due course.
THE METROPOLITAN TORONTO HOUSING COMPANY LIMITED
By-law No. A-20
BE IT ENACTED as a By-law of the Company as follows:
1.Subclause 9(2)(a)(i) of By-law No. No. A-1 is amended by striking out the expression
"General Manager" therein and substituting therefor "Chief Operating Officer".
2.(1)Subsection 1(1) of By-law No. A-4 as amended by By-law No. A-15 is further
amended by striking out the word "Executive" in the second line.
(2)Subsection 1(3) of By-law No. A-4 is amended, and subsections 2(2) to (5) thereof as
heretofore amended are further amended, by striking out the expression "General Manager"
wherever same appears therein and substituting therefor in each case "Chief Operating
Officer".
(3)Subsection 2(1) of By-law No. A-4 as amended by By-law No. A-15 is repealed and the
following substituted therefor:
"2.(1)There shall be a Chief Operating Officer of the Company who shall be appointed by
the Board of Directors, but if such office becomes vacant, the responsibilities thereof shall,
pending the Board's appointment of a successor, be carried out by such person as may be
designated for the purpose in writing by the Commissioner described in subsection 1(1)."
(4)Clauses 2(5)(a) and (b) of By-law No. A-4 as amended by By-law No. A-6 are repealed
and the following substituted therefor:
"(a)to commit the Company contractually, in each instance in an amount not in excess of
(i)$250,000.00, other than for consulting services;
(ii)$100,000.00 for consulting services;
(b)in cases of emergency, and with the approval of the President or Vice-President, to
commit the Company contractually in an amount in excess of the applicable amount
stipulated in clause (a);".
(5)Clause 2(5)(d) of By-law No. A-4 is amended by striking out the amount "$1,000.00" in
the first line and substituting therefor "$5,000.00".
(6)Section 3 of By-law No. A-4 is repealed and the following substituted therefor:
"3.When submitting written reports to the Company's Board of Directors the Chief
Operating Officer shall sign at the end thereof over the title 'Chief Operating Officer'."
3.By-law No. A-8 as heretofore amended is further amended by striking out the expression
"General Manager" wherever same appears in subsection 5(6) and 8(1) and clause 12(7)(a)
thereof and substituting therefor in each case "Chief Operating Officer".
4.Subsection 4(2) of By-law No. A-9 is amended by striking out the expression "General
Manager" therein and substituting therefor "Chief Operating Officer"
5.(1)Except as provided in subsections (2) and (3), this by-law shall come into force on the
date of its enactment.
(2)Subsection 2(1) shall be deemed to have come into force on the 4th day of February,
1998.
(3)Subsection 2(4) shall be deemed to have come into force on the 22nd day of June, 1998.
(4)Sections 1, 3 and 4 and subsections 2(2), (3) and (6) shall be deemed to have come into
force on the 15th day of July, 1998.
ENACTED this 27th day of July, 1998.
WITNESS the Corporate Seal of the Company.
PRESIDENTSECRETARY
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