June 10, 1998

To: Urban Environment and Development Committee

From: H.W.O. Doyle

City Solicitor

Subject: The feasibility of special legislation to provide that the former City of Toronto's 1984 special legislation respecting demolition control applies to the whole of the urban area of the new City.

Purpose:

To advise the Urban Environment and Development Committee on the feasibility of amending the former City of Toronto's special demolition control legislation in the City of Toronto Act, 1984, so that the Act will apply to the whole of the urban area of the new City.

Funding Sources, Financial Implications and Impact Statement:

The costs of filing an application for special legislation includes a filing fee of $150.00, the cost of publishing a notice of application once a week for four weeks in the Ontario Gazette and newspaper, the cost of printing the Private Bill and the cost of printing the Act in the annual statutes. Based on 1996 costs for a similar sized Private Bill, costs are estimated at $6,000.00 with newspaper advertising costs being the largest component.

Recommendations:

If your Committee recommends an application for special legislation, it is recommended that:

(1) authority be granted to apply for special legislation substantially in the form of the draft Private Bill attached to this report.

Background:

The Urban Environment and Development Committee at its meeting held on May 19th, 1998, had before it the May 1, 1998 report of the Commissioner of Urban Planning and Development entitled: "City Powers, Policies and Procedures re: the Conversion to Condominium and Demolition of Rental Housing before and after the proclamation of the Tenant Protection Act". As set out in Clause 4 of Report 7 of the Urban Environment and Development Committee, the Committee recommended, among other matters, that Council adopt the following recommendation:

(4) Council request the City Solicitor to review the former City of Toronto's special demolition control legislation and report back by June 1998 to the Urban Environment and Development Committee on the feasibility of amending the legislation in order to extend its provisions to the other former municipalities in the new City; ("Recommendation (4)")

Discussion:

There are six pieces of special legislation that apply in the former City of Toronto that have provisions dealing with residential demolition matters that the Commissioner will be considering in her overall review of demolition matters. The Commissioner has confirmed, as set out in section 2a) of her May 1, 1998 report, that the special legislation being referred to in Recommendation (4) is the City of Toronto Act, 1984, S.O. 1984, c. Pr6 (the "1984 Act"). A copy of the 1984 Act is on file with the City Clerk.

In the case of the demolition of a building containing six or more dwelling units and subject to certain exemptions, the 1984 Act permits Council to refuse to issue a demolition permit for up to one year, even though a building permit has been issued to erect a new building on the site. Under the 1984 Act Council also has the ability to acquire and maintain the property for residential use.

As noted in section 2 "Demolition Control" of the Commissioner's May 1, 1998 report, after the proclamation of the Tenant Protection Act Council will no longer have authority under the Rental Housing Protection Act to require an owner to apply to Council for approval to demolish a rental building. When dealing with demolition applications Council will have to rely on its powers under section 33 of the Planning Act (respecting demolition permits) and, in the case of the geographic area of the former City of Toronto, the 1984 Act and other special legislation.

An application can be made for special legislation to extend the application of the 1984 Act to the whole of the urban area of the new City. The final format of any new legislation is subject to the approval of the Provincial Legislative Counsel.

There are two matters that Council should be aware of in considering the merits of proceeding with an application for special legislation. The first consideration is time. Assuming a June, 1998 proclamation date, it is not possible to receive special legislation before the Tenant Protection Act, 1997, is proclaimed in force. In order to have its maximum effect in regulating the loss of rental housing due to demolition, the special legislation would have to be received before the repeal of the Rental Housing Protection Act under the Tenant Protection Act, 1997. It is also expected that the House will rise for its summer recess on June 25, 1998, and return on September 28, 1998.

Under the rules of the Provincial Legislature on applications for Private Bills (which includes applications by municipalities for special legislation), a Private Bill will not receive first reading until after a declaration proving publication of the notices (once a week for four weeks in the Ontario Gazette and newspaper) has been received by the Clerk of the House. The rules also provide that applications for Private Bills that are received after the first day of September in any calendar may be postponed until the first regular Session in the next following calendar year. Under these circumstances it is unlikely that a successful application would be approved before the winter.

The second matter for consideration, particularly in the case of a majority government, is whether or not the Minister of Municipal Affairs would support the application. After a Private Bill receives first reading it is referred to the Standing Committee on Regulations and Private Bills for hearings. The Committee has authority to amend the Private Bill and may also determine that the Private Bill should not be reported to the House, i.e., the Private Bill dies at the Committee. There is also the possibility that after the 1984 Act is specifically drawn to the Minister's attention, that the Minister may take action to have the 1984 Act repealed.

In order to expedite the overall processing of an application for special legislation and as encouraged by the Standing Committee's guidelines, the usual practice is to consult ahead of time with Legislative Counsel on the form of the Private Bill, and with Ministry of Municipal Affairs' staff on both the form and content of the Private Bill, before giving notice and filing the application for the Private Bill with the Clerk of the House. This process also permits the City Solicitor and applicable Commissioner to seek instructions from Council on any substantive changes to the draft Private Bill being recommended by the Province.

Attached to this report as Schedule A is a draft Private Bill.

Conclusion:

If your Committee wishes to recommend an application for special legislation to extend the application of the 1984 Act to the whole of the urban area of the new City, your Committee could recommend the adoption of recommendation (1) of this report.

Contact Name:

Christina M. Cameron

Legal Services Division

392-7235

H.W.O. Doyle

City Solicitor

p:\1998\ug\cps\leg\UD980902.leg

SCHEDULE A

Bill Pr 1998

An Act Respecting the City of Toronto

Preamble

The City of Toronto has applied for special legislation with respect to applying the provisions of the City of Toronto Act, 1984, respecting demolition control, to the whole urban area of the City and not just to the area of the former City of Toronto.

It is appropriate to grant this application.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

1997,c.2

"city" means the City of Toronto incorporated by the City of Toronto Act, 1997 (No. 1);

"urban area" has the same meaning as in the City of Toronto Act, 1997 (No. 1).

Application

2. Despite clause 2(5)(a) of the City of Toronto Act, 1997 (No.1), the provisions of the 1984, c. Pr6 City of Toronto Act, 1984, apply to the whole of the urban area of the city.

Commencement

3. This Act comes into force on the day it receives Royal Assent.

Short title

4. The short title of this Act is the City of Toronto Act, 1998.