March 27, 1998

 To:North York Community Council

 From:City Solicitor

Subject:Notice of Motion - Proposed Amendment to City of Toronto Act, 1997

  Purpose:

 This report is submitted for information in connection with a Notice of Motion to be considered by the North York Community Council at its meeting of February 18, 1998. The report is submitted as directed by Community Council at its meeting held January 21, 1998.

  Funding Sources, Financial Implications and Impact Statement:

 N/A

 Recommendations:

 It is recommended that if it is decided to seek an amendment to the City of Toronto Act, 1997, the City Solicitor be directed to seek the same from the Ontario Legislature.

 Background:

 Section 7 of the City of Toronto Act, 1997, (the Act), establishes six Community Councils within the new City. Section 8 specifies functions which City Council may assign to a Community Council.

 Section 8 reads as follows:

 Local planning and committee of adjustment functions

8. (1) The city council may, by by-law, assign to the community councils any of the following functions with respect to the parts of the urban area that they represent:

1. Functions in connection with local planning matters that the Planning Act allows the council to delegate to a committee of council, an appointed committee or an appointed official.

2. The functions of a committee of adjustment under the Planning Act.

 Recreational facilities

(2) The city council may, by by-law, assign to a community council the management on behalf of the new city of one or more recreational facilities (such as arenas, community centres and parks) located in the part of the urban area that the community council represents.

 Spending limits

(3) In managing a recreational facility, a community council shall not incur expenses that exceed the amount allocated by the city council.

 Additional functions

(4) The city council may, by by-law, assign to the community councils, with respect to the parts of the urban area that they represent, a function that is prescribed under subclause 25(1)(e)(i).

 Conditions

(5) A by-law passed under subsection (4) may impose conditions on the exercise of the function by the community councils.

 Effect of assignment

(6) When a by-law passed under subsection (4) is in force, the city council is obliged to pass any by-law recommended to it by the community council if the following conditions are met:

1. The recommended by-law relates to a function that has been assigned to the community councils by the by-law passed under subsection (4).

2. The city council has allocated to the community council sufficient funds for any expenditure arising from the recommended by-law.

 Revocation of assignment

(7) The city council has power to revoke an assignment of functions by passing a by-law amending or revoking a by-law passed under subsection (1), (2) or (4).

 Subsection 8(4) appears to have been intended to provide City Council with a menu of additional functions which City Council could, if it chose, assign to the Community Councils. These menu choices were to be prescribed by the Minister of Municipal Affairs and Housing under regulation making authority to be contained in Section 25 of the Act.

 As it happens, Section 25 of the Act was never enacted by the Ontario Legislature because, as we recall events, the government encountered procedural problems with Section 25 during the opposition filibuster. As a result, City Council does not currently have the option of assigning functions to Community Councils under subsection 8(4).

 Comments and Discussion:

 As we understand the Notice of Motion, it seeks to fill the legislative gap which resulted from Section 25 not being enacted. It proposes to fill the gap by seeking an amendment to the Act to allow City Council to determine what additional functions, if any, should be assigned to Community Councils rather than having City Council choose from a menu created by the Minister.

 Subsection 8(4) as proposed by the Notice of Motion would provide City Council an option not currently available to, in effect, assign local legislative functions to the Community Councils. If subsection 8(4) were resurrected as proposed, City Council would have the option of assigning one or more specific functions to the Community Councils under this provision, subject to any limitations City Council imposed under subsection (5).

 Under subsection (6), for functions City Council chose to assign under subsection 8(4) (but not for functions assigned under other authority), City Council would be obliged to pass any by-law recommended to it by the Community Council as long as the two conditions set out in subsection (6) were met. Were any such assignments made, they would always be subject to revocation by City Council under subsection (7).

 Resurrecting subsection 8(4) to give it some effect would provide City Council with additional options and the flexibility to allocate workloads between itself and its Community Councils. For local functions City Council saw fit to assign under a revised subsection 8(4), controversial items at the Community Council would be finally decided there without recourse to the full City Council of 57 members.

  Conclusions :

 This report is submitted for your information. If it is decided to seek an amendment to the Act of the kind proposed, it is recommended that the City Solicitor be directed to seek the same from the Ontario legislature.

  Contact Name:

 George M. Dixon

tel:(416) 395-7055

fax:(416) 395-7056

email:legal@city.north-york.on.ca

    George M. Dixon

City Solicitor, North York

 cc:Osmond Doyle

Lead Solicitor