August 4, 1998
COMMUNITY AND NEIGHBOURHOOD SERVICES COMMITTEE:
The Board of Directors of The City of Toronto Non-Profit Housing Corporation (Cityhome)
on July27, 1998, had before it a report (July 23, 1998) from the City Solicitor advising that
amendments are required to Cityhome By-law No. 9, as amended, in order to recognize the
new position of Chief Operating Officer and to modify the financial authority of the Chief
Operating Officer; and recommending that:
(1)the draft amending by-law [Cityhome By-law No. 20] attached to this report be enacted
as a by-law of Cityhome;
(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 Cityhome staff be authorized to take the necessary action to
give effect to Recommendation No. (2).
The Board of Directors adopted the aforementioned report, subject to amending
Recommendation No. (1) to now read as follows:
"(1)the draft amending by-law [Cityhome By-law No. 20] attached to this report, with the
exception of Sections 3 and 6 thereof, be enacted as a by-law of Cityhome;"
Corporate Secretary
R. MacKenzie/in
Item No. C-3
Attachment
Sent to:Community and Neighbourhood Services Committee
Chief Operating Officer, Housing Company
City Solicitor, Attention: Mr. D. Brown
City Solicitor, Attention: Mr. S. Emerson
(Report dated July 23, 1998,
addressed to the Board of Directors,
City of Toronto Non-Profit Housing Corporation
from the City Solicitor.)
Purpose:
To authorize the amendment of By-law No. 9, as amended, to recognize the new positions of
Chief Operating Officer and Executive Vice-President and modify the financial authority of
the Chief Operating Officer.
Recommendations:
It is recommended that:
(1)the draft amending by-law [Cityhome By-law No. 20] attached to this report be enacted
as a by-law of Cityhome;
(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 Cityhome staff be authorized to take the necessary action to
give effect to Recommendation No. (2).
Background:
The background of this report and of the attached draft Cityhome By-law No. 20 is identical
in substance, except for one matter, to the "Background" section of my report to the Board
of Directors of Metropolitan Toronto Housing Company Limited (MTHCL) dated July 22,
1998, and entitled "Amendments to By-laws". The one matter of difference is that the
attached draft By-law No. 20 creates the new position of Executive Vice-President whereas
this office already exists with respect to MTHCL.
Discussion:
Section 2 of the draft by-law substitutes the expression "Chief Operating Officer" for
"General Manager" in By-law No. 9, as amended. Section 3 creates the position of
Executive Vice-President who, as is the case with MTHCL, shall be the Commissioner,
Community and Neighbourhood Services. This section also gives the Executive
Vice-President the same duties and powers as under the parallel provisions of the MTHCL
by-laws.
Sections 4, 5, 6, 7 and 8 repeal the description of the duties and powers of the General
Manager (now the Chief Operating Officer) and replace it with the description of the Chief
Operating Officer's duties and powers set out in the draft MTHCL By-law No. A-20
attached to my July22, 1998 report referred to above.
Sections 9 and 10 enact revisions to the limits of the Chief Operating Officer's delegated
spending and debt write-off powers identical to those in draft MTHCL By-law No. A-20.
Section 11 provides for in-force dates parallel to the said draft By-law No. A-20.
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 shareholders' meeting which, in the case of Cityhome, is a meeting of
the City Council at which shareholder functions with respect to Cityhome are carried out.
Recommendation No.(2) therefore calls for transmittal of the enacted by-law to the City
Clerk for confirmation by City Council in due course.
BY-LAW NO. 20
CITY OF TORONTO NON-PROFIT HOUSING CORPORATION
A by-law to further amend By-law No. 9, as amended.
- By-law No. 9, as amended, of the corporation is hereby further amended in accordance
with the provisions of this by-law.
- Sections 2.03, 2.04.2, 4.07(8)(a) and 5.05.2 are amended by striking out the expression
"general manager" wherever the same appears therein and substituting therefor in each
case "chief operating officer".
- Section 5.04 is re-enacted as sections 5.04.1, 5.04.2 and 5.04.3 as follows:
"5.04.1EXECUTIVE VICE-PRESIDENT
There shall be an executive vice-president of the corporation who shall be appointed by the
board of directors and who shall be the person who is for the time being the Commissioner,
Community and Neighbourhood Services for the City of Toronto.
5.04.2DUTIES
The executive vice-president shall be the chief executive officer of the corporation and shall
be responsible for the overall management of the corporation, including,
(a)co-ordination of the activities of the corporation with the social programs provided the
City of Toronto to assure the availability of the appropriate services to tenants of the
corporation;
(b)monitoring of policies and procedures of the corporation to assure their conformity with
the policies and procedures as approved by the Council of the City of Toronto and
submission of appropriate reports thereon;
(c)ensuring that all necessary corporation reports are submitted to the Community and
Neighbourhood Services Committee, Executive Committee and/or the Council of the City of
Toronto for approval or consideration.
5.04.3The executive vice-president shall have the same powers and authorities as those
conferred on the chief operating officer of the corporation under section 5.05."
4.Section 5.05.1 is repealed and the following is substituted therefor:
"5.05.1CHIEF OPERATING OFFICER
There shall be a chief operating officer of the corporation 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 section 5.04.1."
5.Section 5.05.2 is renumbered section 5.05.5.
6.The following new section 5.05.2 is hereby enacted:
"5.05.2DUTIES
The chief operating officer shall be responsible for:
(a)the general day-to-day management of the affairs and operations of the corporation;
(b)the supervision of the staff of the corporation;
(c)such other duties as the board of directors may by resolution assign."
7.The following new section 5.05.3 is hereby enacted:
"5.05.3REPORTING
The chief operating officer shall report to the board of directors on and for all matters
connected with the carrying out of the chief operating officer's duties. When submitting
reports to the board of directors, the chief operating officers hall sign at the end thereof
under the title "Chief Operating Officer"."
8.The following new section 5.05.4 is hereby enacted:
"5.05.4STAFFING AND OTHER SERVICES
The chief operating officer shall have the power to determine on the corporation's behalf, in
consultation with the City of Toronto the extent of the services to be provided by the City
of Toronto to the corporation including all municipal staff to be assigned duties related to
the corporation's activities, the nature and extent of such duties and the accommodation to
be provided for such purposes."
9.Renumbered sections 5.05.5(a) and 5.05.5(b) are repealed and the following is
substituted therefor:
"(a)to commit the corporation 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 corporation contractually in an amount in excess of the applicable amount
stipulated in section 5.05.5(a)."
10.Renumbered section 5.05.5(d) is amended by striking out "$1,000.00" and by
substituting therefor "$5,000.00".
11.(1)Except as provided in sections 11(2) and 11(3), this by-law shall come into force on
the date of its enactment.
(2)Sections 1, 2, 3, 4, 5, 6, 7 and 8 shall be deemed to have come into force on the 15th day
of July, 1998.
(3)Section 9 shall be deemed to have come into force on the 22nd day of July,
1998.
ENACTED the 27th day of July, 1998.
President Secretary
