Metro Hall
55 John Street, 22nd
Floor
Toronto, Ontario
Canada M5V 3C6
Tel:416-392-8101
Fax:416-392-3821
June 23, 1998
TO: Urban Environment and Development Committee
FROM: Commissioner of Urban Planning and Development Services
SUBJECT: Repeal of By-law permitting delegation to the
Metropolitan Commissioner of Planning for approval of road
rights-of-way less than 20 metres
Purpose:
To modify administrative procedures which will result in
faster approval of by-laws permitting road right-of-way widths
less than 20 metres.
Funding Sources, Financial Implications and Impact
Statement:
There are no financial implications associated with the
recommendations in this report.
Recommendations:
It is recommended that City of Toronto Council:
(1) repeal By-law No. 59-97 of the former Municipality of
Metropolitan Toronto; and
(2) authorize appropriate City Officials to take any necessary
action to give effect thereto.
Background:
Section 305 of the Municipal Act requires that any new public
roads established by municipal by-law, with a right-of-way width
of less than 20 metres, are to be approved by the Minister of
Municipal Affairs unless they are part of an application to
subdivide land. Ontario Regulation No. 143/95 delegates the
approval of by-laws passed by area municipalities to create these
sub-standard road rights-of-way to a list of municipalities
including Metropolitan Toronto. Metropolitan Toronto By-law No.
59-97 delegates the approval of these by-laws to the Metropolitan
Commissioner of Planning.
Discussion:
Any newly created public streets that are not shown on draft
plans of subdivision are dedicated by by-laws which are adopted
by Council. In certain circumstances, sub-standard road right
-of-way widths are desirable and practical from a planning and
urban design standpoint and do not raise concerns operationally
in terms of traffic operations or the provision and location of
public utilities. Such proposals often are stimulated by the
submission of site-specific development applications or as a
result of planning studies. Proposals can also result from
situations where the City accepts ownership of existing
sub-standard private roads. Proposals of this nature may be
initiated and coordinated by planning, transportation or public
works staff.
Prior to amalgamation, by-laws dedicating roads less than 20
metres in width were adopted by local municipal councils and
approved by the Metropolitan Commissioner of Planning. Following
amalgamation, dedication by-laws are now adopted by City Council.
In a single tier municipal structure it is appropriate that
Council's adoption should be final and binding without the need
for further staff approval following Council's action.
Metropolitan By-law No. 59-97 should therefore be repealed. Staff
should continue current practice of ensuring that both planning
and operational matters are addressed prior to recommending a
by-law to City Council.
Conclusions:
New public roads not shown on a draft plan of subdivision must
be adopted by Council. Where the proposed right-of-way is less
than 20 metres in width, approval of the Minister is required.
This approval has been delegated to the Metropolitan Commissioner
of Planning. As Toronto is now a one-tier municipality, it is no
longer necessary to have the approval authority delegated to
staff. Metropolitan By-law 59-97 should therefore be repealed.
The City Solicitor has been consulted and the Commissioner of
Works and Emergency Services concurs with this conclusion.
Contact Name and Telephone Number:
Phil Houghton, Tel. No. 394-8238
Reviewed by:
___________________________________
__________________________________
Paul J. Bedford Virginia M. West
Executive Director and Chief Planner Commissioner of Urban
Planning and
City Planning Division Development Services
