November 24, 1998

To:Urban Environment and Development Committee

From:City Clerk

Subject:Community Council Recommendations on Ward Boundary Changes

Purpose:

This report provides an overview of the Community Council recommendations, and their implications, pertaining to ward boundary changes.

Funding Sources, Financial Implications and Impact Statement:

There are no immediate financial implications from this report.

Recommendations:

It is recommended that:

(1)the Urban Environment and Development Committee review the Community Council recommended wards in sequence, starting with East York (Ward 1), and recommend to City Council ward boundary line changes and divisions;

(2)the City Solicitor commence a court application under Rule 14 of the Rules of Civil Procedure (R.R.O. 1990, Reg. 194, as amended) seeking a favourable determination of City Council's right to enact a by-law changing the size and composition of Council;

(3)the City Solicitor be requested to prepare the necessary implementing by-law giving effect to the recommended changes to the existing ward boundary lines; and,

(4)subject to the judicial determination, as set out in recommendation (2),

(a)if the court determines that the City Council has the right to enact a by-law changing the size and composition of Council, then the City Solicitor be requested to prepare the necessary implementing by-law giving effect thereto,

(b)if the court determines that the City Council does not have the right to enact a by-law changing the size and composition of Council without legislative change, then the City Solicitor be requested to report to City Council forthwith, including in any such report recommended draft legislation for Council's consideration.

Background:

City Council, at its April 28 and May 1, 1998 meeting, directed staff to develop options for ward boundary changes. In a report from the City Clerk and Commissioner of Urban Planning and Development Services, dated October 26, 1998, options for ward boundary changes were presented to each Community Council for their consideration. Statutory public meetings to consider public comments on the ward boundary options were held by each Community Council on the following dates:

East York Community CouncilNovember 3

York Community CouncilNovember 4

Toronto Community CouncilNovember 5

Scarborough Community CouncilNovember 12

North York Community CouncilNovember 16

Etobicoke Community CouncilNovember 18

The various recommendations from each Community Council are attached to this report as Appendix "A".

In addition to the ward-specific recommendations from the Community Councils, a number of other recommendations were adopted in regard to the ward boundary exercise.

The Scarborough Community Council recommended that an office be established by the City to review the ward boundary changes prior to the municipal elections in the Year 2003 and that regular reviews be undertaken in every subsequent third election year. This recommendation should be considered by the Committee for recommendation to the next term of City Council.

The Toronto Community Council requested the City Clerk to consolidate the recommendations of each Community Council for consideration by the Urban Environment and Development Committee at its meeting to be held on November 30, 1998. This staff report fulfils this request.

The Toronto Community Council also requested the City Clerk to provide further notice of the meeting of the Urban Environment and Development Committee on November 30, 1998, including direct notice to all resident and ratepayer groups, all Business Improvement Areas (BIAs) and all historical societies within the City of Toronto. In response to this request, City Clerk's staff placed additional notices in the Toronto Star and various Community newspapers, and sent notices to all resident and ratepayer groups, BIAs and historical societies on file with the City Clerk's Office.

The East York Community Council adopted a recommendation requesting the City Solicitor to clarify whether the Province accepts or concurs with the position of single member wards and report further to City Council on the legal ramifications. The legal issues impacting ward boundary changes are discussed later in this report.

The East York Community Council also adopted a recommendation that City Council be requested to re-open the issue of single member wards for further public consultation. City Council, at its meeting held on April 28 and May 1, 1998, adopted the principle that each of the existing City wards be divided in two, thus enabling election of a single Councillor per ward at the next municipal election in the year 2000. For City Council to re-open this motion, a motion would need to be introduced by a Member who voted in the affirmative and a two-thirds vote of City Council would be required.

The East York Community Council also adopted a motion to advise the Urban Environment and Development Committee that further public meetings must be held in the community of East York before any divisions or changes are made to the boundaries in the East York area.

Comments:

This report considers all the boundary recommendations put forward by the Community Councils. The report discusses: (i) the recommendations pertaining to each of the 28 wards across the City and the implications of such recommendations, and (ii) the status of the outstanding legal issues impacting the boundary review exercise.

Community Council Recommendations Pertaining to Individual Wards:

In considering all the Community Council recommendations on preferred ward boundaries, a number of conflict areas exist where two or more Community Council recommendations do not match. The main conflict areas include the western and southern boundary of East York (Ward 1), along the southern border of the former City of North York, and between Midtown (Ward 23) and York Eglinton (Ward 28). Appendix "B" shows the ward boundaries across the City as recommended by the Community Councils and the resulting conflict areas.

The following comments review the Community Council recommendations pertaining to each ward and discuss the implications of such recommendations in light of the principles used in the ward boundary review exercise as established by City Council. The individual wards are discussed in order of ward number, beginning with East York (Ward 1). A map is attached to this report for each of the 28 wards, depicting the proposed ward boundaries as recommended by the respective Community Councils. The maps also show, as shaded, the areas of conflict between the different Community Council recommendations. The population numbers listed on each map indicate the estimated 1996 population based on the ward boundary recommendations made by each Community Council. Population numbers shown in parenthesis depict the ward populations with the conflict areas (shaded areas) removed from the ward.

It is recommended that the Urban Environment and Development Committee review the Community Council recommended wards in sequence, starting with East York (Ward 1), and recommend to City Council ward boundary changes and divisions. As the Committee works through the wards and adopts recommendations, by default, it will be defining boundaries for the adjoining wards.

East York (Ward 1):

The East York Community Council recommended deferring any recommendation on ward divisions until legal advice was received regarding single member wards and staff investigated other ward division options such that the Todmorden Community is maintained in one ward. The Community Council also reported that it had no objection to moving the southern boundary line to Danforth Avenue, and that the neighbourhoods of Governor's Bridge and 701 Don Mills remain as part of the East York community. Map 1 shows the ward boundaries as recommended by the East York Community Council. It also recommended that the ward boundary issue be delayed until the first meeting of the Community Council to be held in January 1999.

The legal implications of dividing the current wards is discussed in another section further in this report. Staff investigated ways to maintain the Todmorden community in one ward, but found that doing so would result in proposed ward populations that would be above and/or below the plus and minus 25 percent population principle.

The Toronto Community Council, in adopting its recommendations on ward boundaries, selected a boundary option (23-1a, as amended) for Midtown (Ward 23), a boundary option (25-1a, as amended) for Don River (Ward 25), and a boundary option (26-1a, as amended) for East Toronto, all of which conflict with the East York Community Council recommendations.

The Toronto Community Council amendment to move Midtown ward's east boundary line further east along the southern property lines of the Governor's Bridge neighbourhood to the CN Rail line, south along the CN Rail line and west along Danforth Avenue to the Don River, conflicts with the East York Community Council recommendation to retain the lands south of the Governor's Bridge neighbourhood in the East York ward. This area does not include any residential population, but does include the "Brickworks" site.

The area of conflict with the Don River ward, as recommended by the Toronto Community Council, is bounded on the north by the north side of Fulton Avenue, Pape Avenue and Aldwych Avenue, on the south by Danforth Avenue, on the east by Donlands Avenue, and on the west by the CN Rail line. Including the north side of Fulton Avenue, as recommended by the Toronto Community Council, follows property lines and not the more recognizable feature of a street centre line (e.g., Fulton Avenue).

The conflict area between East York ward and East Toronto ward is bounded on the north by Milverton Boulevard, Oak Park Avenue, Doncaster Avenue, Barrington Avenue, Coleman Avenue, Maryland Boulevard, Avonlea Boulevard and Sibley Avenue and on the south by Danforth Avenue. The recommendation by the Toronto Community Council to include Maryland Boulevard and Avonlea Boulevard in their entirety will result in boundary lines which follow property lines. The East York Community Council had no objection to moving the south boundary to Danforth Avenue. Where possible, boundary lines should avoid following property lines, but should follow local streets or arterial roads.

Lakeshore Queensway (Ward 2):

The Etobicoke Community Council recommended the adoption of staff option 2-1a, subject to a further report from staff with respect to the division of the industrial lands on a more equitable basis, and an adjustment of the boundary from Royal York Road to Dwight Avenue.

Amending ward option 2-1a to divide the industrial areas more equitably between the proposed split wards will not contravene the ward boundary principles, as the population estimates will not be significantly affected. Map 2 shows staff option 2-1a with an amendment that moves the ward division boundary further west along the Queen Elizabeth Way to Highway 427.

A further amendment to incorporate the Mimico community has been reviewed by staff and incorporated into Map 2 such that the ward division boundary follows south of the Queen Elizabeth Way along Islington Avenue, the CN Rail line, Dwight Avenue, Lakeshore Road, and Royal York Road to Lake Ontario. The population parity between the two proposed wards, as amended, is not as close as the three ward options (2-1a, 2-1b, 2-1c) put forward by staff, but does still meet the population principle and maintains the Mimico community intact.

Kingsway Humber (Ward 3):

The Etobicoke Community Council recommended option 3-1a. Map 3 shows the recommended ward division.

Markland Centennial (Ward 4):

The Etobicoke Community Council recommended option 4-1b. Map 4 shows the recommended ward division.

Rexdale Thistletown (Ward 5):

The Etobicoke Community Council requested staff to report further on the merits of a proposed ward division submitted by Mr. V. Crisanti. The proposal divides the ward along Finch Avenue, Albion Road, Kipling Avenue, and the west branch of the Humber River. The arguments for the proposal suggest it preserves existing communities and provides a fairer distribution of the workload in the residential and business sectors.

The proposed ward division would result in population distributions which meet the population principle established for this review process. The proposal would, however, divide a portion of the Jamestown community, as defined by the City Planning Division, if the boundary line followed Finch Avenue to Albion Road. If, instead, the proposed boundary line followed Finch Avenue, Martin Grove Road and Albion Road, the entire Jamestown community would be maintained within one ward. Map 5 shows the ward division as requested by the Community Council, with an amendment to maintain the Jamestown community intact. The proposal is consistent with the population principle.

North York Community Council Area Wards 6-12:

The North York Community Council recommended that, subject to City Council's decision to revert back to single member wards, that the old ward boundaries of the former City of North York be maintained. The former City of North York wards were based on a division of the current City of Toronto (former Metro Toronto wards).

North York Humber (Ward 6):

Maintaining the existing ward boundary creates a conflict with the York Community Council recommendations pertaining to York Humber (Ward 27) and York Eglinton (Ward 28). The areas subject to boundary conflicts are shown shaded on Maps 6, 27, and 28. Following the existing ward boundary would contravene the boundary principle adopted by City Council of following recognizable geographic features. It defines the southern ward boundary with property lines. Following local street centre lines, as presented in options 6-1a, 27-1a, and 28-1a would define the ward by more recognizable features.

The existing boundary also included the area bounded on the north by Wilson Avenue, on the south by Highway 401, on the east by Jane Street, and on the west by Keele Street. The ward options prepared by staff moved this area into Black Creek (Ward 7) in consideration of Council's principle of following recognizable geographic features and North York Community Council's previous recommendation to consider Highway 401 in areas for boundary modification, where appropriate.

The two former City of North York wards within North York Humber were divided along Highway 401 and Jane Street. Map 6 shows the ward division based on the Community Council recommendation.

Black Creek (Ward 7):

As discussed in the North York Humber (Ward 6) section, the area south of Wilson Avenue to Highway 401, and shown in staff option 7-1a, was proposed for inclusion in this ward. The two former City of North York wards within this ward followed Sheppard Avenue West and Black Creek to Steeles Avenue West. Map 7 shows the ward divisions as recommended by the Community Council.

North York Spadina (Ward 8):

Maintaining the existing ward boundary creates a conflict with the York Community Council recommendations pertaining to York Eglinton (Ward 28). The conflicting area is shown shaded on Maps 8 and 28. Following the existing ward boundary would contravene the boundary principle adopted by City Council of following recognizable geographic features. It defines the southern ward boundary with property lines. Following local street centre lines, as presented in options 8-1a and 28-1a would define the ward by more recognizable features.

In preparing the staff options, the area bounded on the north by Wilson Avenue, on the south by Highway 401, on the east by Bathurst Street, and on the west by the Allen Road, was proposed for inclusion in this ward from North York Centre South (Ward 9). This area was moved in consideration of Council's principle of following recognizable geographic features and North York Community Council's previous recommendation to consider Highway 401 in areas for boundary modification, where appropriate.

The boundary line between the two former City of North York wards within North York Humber followed a line which generally divided the Downsview air base from the DeHavilland community (as defined by City Planning). This division was not included in the options prepared by staff as the resulting wards would not have met the population criteria adopted by Council. Map 8 shows the ward divisions based on the Community Council recommendation. If the south boundary of North York Spadina (Ward 8) is moved north along Glencairn Avenue, then the proposed south ward division would have a population less than the minus 25 percent population criteria. Therefore, the proposed ward division would need to be shifted. Drawing the ward division line along Sheppard Avenue, as shown in staff option 8-1a, would result in population distributions in both proposed wards in North York Spadina which satisfy the population principle.

North York Centre South (Ward 9):

Maintaining the existing ward boundary creates a conflict with the Toronto Community Council recommendations pertaining to North Toronto (Ward 22). The conflicting areas are shown shaded on Maps 9 and 22. The entire southern boundary of the ward between Bathurst Street and Leslie Street conflicts with the recommended option (22-1a) for the North Toronto Ward. The current ward boundary in this area follows property lines and in many cases, splits private properties. Defining the ward boundary by following local street centre lines would result in a more recognizable ward boundary.

In preparing the staff options, the area north of Highway 401 and bounded by Sheppard Avenue on the north, Leslie Street on the east and Bayview Avenue on the west, was proposed for inclusion in Seneca Heights (Ward 12). This area was moved in consideration of Council's principle of following recognizable geographic features and North York Community Council's previous recommendation to consider Highway 401 in areas for boundary modification, where appropriate.

North York Centre (Ward 10):

Staff option 10-1a reflects the North York Community Council recommendation to maintain the former City of North York wards. Map 10 shows the recommended ward division.

Don Parkway (Ward 11):

In preparing the staff options for this ward, the area bounded on the north by Sheppard Avenue, on the south by Highway 401, on the east by the Don Valley Parkway, and on the west by Don Mills Road, was proposed for inclusion in Seneca Heights (Ward 12). This area was moved in consideration of Council's principle of following recognizable geographic features and North York Community Council's previous recommendation to consider Highway 401 in areas for boundary modification, where appropriate. Maintaining the area north of Highway 401 in this ward would result in a proposed western ward with a population (53,300) greater than the upper limit established through the population principle. To bring the proposed ward's population back within the population threshold, the area north of Highway 401 should be moved into Seneca Heights (Ward 12).

In regard to the southern ward boundary, the existing boundary line does not follow any recognizable feature between the west branch of the Don River and the CN Rail line. Also, the boundary line is projected east to Sunrise Avenue and south and east to Victoria Park Avenue. The staff options proposed a southern ward boundary which followed the west branch of the Don River to the intersection with the CN Rail line, and then projected to Sunrise Avenue to Victoria Park Avenue. The intent of the staff option was to follow more recognizable geographic features in defining the ward boundary. The Urban Environment and Development Committee's recommendations with respect to East York (Ward 1) will define the southern boundary of this ward.

The two former City of North York wards within this ward followed the Don Valley Parkway and the CN Rail line. Map 11 shows the ward divisions as recommended by the Community Council.

Seneca Heights (Ward 12):

As discussed in the North York Centre South (Ward 9) and Don Parkway (Ward 11) sections, the areas: (i) bounded on the north by Sheppard Avenue, on the south by Highway 401, on the east by the Don Valley Parkway, and on the west by Don Mills Road, and (ii) bounded by Sheppard Avenue on the north, Highway 401 on the south, Bayview Avenue on the west, and Leslie Street on the east, were proposed for inclusion in this ward. The Urban Environment and Development Committee's recommendations with respect to North York Centre South (Ward 9) and Don Parkway (Ward 11) will define the southern boundary of this ward.

The two former City of North York wards within this ward followed Finch Avenue and the CN Rail line. Map 12 shows the ward divisions as recommended by the Community Council.

Scarborough Bluffs (Ward 13):

The Scarborough Community Council recommended option 13-2b. Map 13 shows the Community Council recommended ward division.

It should be noted that the Toronto Community Council recommendations for East Toronto (Ward 26) conflict with the Scarborough Bluffs ward. The Toronto Community Council recommendation essentially maintained the existing ward boundary between East Toronto and Scarborough Bluffs, whereas the Scarborough Community Council recommendation for Scarborough Bluffs excluded that area west of Victoria Park Avenue between Bracken Avenue and Queen Street East, as proposed in the staff options. Staff proposed the change in the ward options to ensure the boundary line followed a street centre line to Lake Ontario.

Scarborough Wexford (Ward 14):

The Scarborough Community Council did not make a recommendation regarding a revised ward boundary and division for this ward. However, in adopting recommendations for Wards 13, 15 and 17, by default the remaining areas would form a proposed Scarborough Wexford ward. This is shown on Map 14. The Community Council did not discuss the proposed ward division for this ward, but the logical division is Highway 401, as was proposed in all the options prepared by staff, and shown on Map 14.

Scarborough City Centre (Ward 15):

The Scarborough Community Council recommended option 15-1a. Map 15 shows the recommended ward division.

Scarborough Highland Creek (Ward 16):

The Scarborough Community Council recommended option 16-1a, subject to the ward division being amended to follow Morningside Avenue between Highway 401 and the CN Rail line. The population distribution within the revised ward option meets the population principle adopted by City Council. Map 16 shows the recommended ward division.

Scarborough Agincourt (Ward 17):

The Scarborough Community Council recommended option 17-2a. Map 17 shows the recommended ward division.

Scarborough Malvern (Ward 18):

The Scarborough Community Council recommended option 18-1a. Map 18 shows the recommended ward division.

High Park (Ward 19):

The Toronto Community Council recommended option 19-1a, subject to the inclusion of the area north of Bloor Street West, west of Jane Street to the Humber River up to and including the southern edge of the TTC right-of-way. Map 19 shows staff option 19-1a, as amended by the Community Council. The current ward boundary extends north of Bloor Street West. The staff options proposed the boundary line to follow Bloor Street as it was a more recognizable feature.

It should be noted that the maps for staff options 19-1a, 19-1b, 19-1c, 27-1a, 27-1b, 27-1c, 27-2a, 27-2b, 27-3a, and 27-3b all showed the ward boundary immediately west of Jane Street. In fact, this was a graphical error and the boundary line should have followed the centre line of Jane Street between Annette Street and the boundary line just north of Bloor Street West.

Trinity-Niagara (Ward 20):

The Toronto Community Council recommended staff option 20-1a. Map 20 shows the recommended ward division.

Davenport (Ward 21):

The Toronto Community Council recommended staff option 21-1a. Map 21 shows the recommended ward division.

North Toronto (Ward 22):

The Toronto Community Council recommended staff option 22-1a. As was discussed in the North York Humber (Ward 8) and North York Centre South (Ward 9) sections, a conflict exists between these two wards and the North Toronto ward. Map 22 shows the Toronto Community Council recommendation and areas of conflict with adjoining wards. The current ward boundary in this area follows property lines and also splits properties. A more understandable ward boundary would follow local streets closest to the current boundary. The Urban Environment and Development Committee's recommendation with respect to North York Spadina (Ward 8) and North York Centre South (Ward 9) will define the northern boundary for North Toronto (Ward 22).

The Toronto Community Council also recommended moving the southern ward boundary, proposed as following Eglinton Avenue West, south of Eglinton Avenue to the current ward boundary. The current boundary is described as 33 metres south of Eglinton Avenue West between Bathurst Street and The Belt Line Trail. The staff options proposed the boundary follow Eglinton Avenue West as it is a more recognizable feature.

Midtown (Ward 23):

The Toronto Community Council recommended option 23-1a, subject to a number of amendments which essentially recreate the current ward boundaries and conflict with recommendations made by the East York Community Council in regard to East York (Ward 1) and the York Community Council in regard to York-Humber (Ward 28). Map 23 shows the ward divisions recommended by the Toronto Community Council with the conflict areas shown shaded.

The Toronto Community Council amendment to move the east boundary line further east along the southern property lines of the Governor's Bridge neighbourhood to the CN Rail line, south along the CN Rail line and west along Danforth Avenue to the Don River, conflicts with the East York Community Council recommendation to retain the lands south of the Governor's Bridge neighbourhood in East York (Ward 1). This amendment would not impact residential populations, but would move the "brickworks" site into the Midtown ward from the East York ward. The Urban Environment and Development Committee's recommendation with respect to East York (Ward 1) will define the eastern boundary for Midtown (Ward 23).

The Toronto Community Council amendment to maintain the current boundaries with respect to Heath Street West, Lonsdale Road, Lonsmount Drive and Monclair Avenue conflict with the York Community Council recommendation to adopt option 28-1a to follow the Cedarvale ravine southeast from Bathurst Street and along the centre line of Heath Street West to Spadina Road. The Toronto Community Council also recommended that both sides of Spadina Road, from St. Clair Avenue West to Heath Street West remain in Midtown ward. This recommendation conflicts with the York Community Council recommendation to follow the centre line of Spadina Road.

The amendments recommended by Toronto Community Council keep the existing ward boundary in this area, a boundary which follows property lines. The boundary options proposed by staff were designed to avoid following property lines by following more recognizable features, including street centre lines and the Cedarvale ravine.

The Toronto Community Council also recommended moving the northern ward boundary, proposed as following Eglinton Avenue West, south of Eglinton Avenue to the current ward boundary. The current boundary is described as 33 metres south of Eglinton Avenue West between Bathurst Street and The Belt Line Trail. The staff options proposed the boundary follow Eglinton Avenue West as it is a more recognizable feature.

Downtown (Ward 24):

The Toronto Community Council recommended option 24-1a. Map 24 shows the recommended ward division.

Don River (Ward 25):

The Toronto Community Council recommended option 25-1a, subject to amendments to: (i) include Cherry Beach in the same single member ward as the Leslie Street Spit and (ii) include the north side of Fulton Avenue in the ward. The recommended ward option and latter amendment conflicts with the East York Community Council's indication to move the ward boundary to Danforth Avenue. Map 25 shows the Toronto Community Council recommended option and area of conflict.

The area of conflict is bounded on the north by the north side of Fulton Avenue, Pape Avenue and Aldwych Avenue, on the south by Danforth Avenue, on the east by Donlands Avenue, and on the west by the CN Rail line. Including the north side of Fulton Avenue, as recommended by the Toronto Community Council, follows property lines and not the more recognizable feature of a street centre line. Using Danforth Avenue as the boundary between East York ward and Don River ward follows a more recognizable feature. Following the Toronto Community Council recommendation would result in Don River proposed ward populations of 42,300 and 45,800. Following Danforth Avenue, as recommended by the East York Community Council, would result in Don River proposed ward populations of 42,300 and 36,400. In this part of the City, it makes sense to either follow the centre line of local streets or arterial roads (e.g., Danforth Avenue) so that the boundaries are understandable. The Urban Environment and Development Committee's recommendation with respect to East York (Ward 1) will define the northern boundary for Don River (Ward 25).

Based on the Community Council amendment to retain Cherry Beach and the Leslie Street Split in the same single member ward, the proposed ward division line would follow Cherry Street stopping at the Cherry Street bridge.

East Toronto (Ward 26):

The Toronto Community Council recommended option 26-1a, subject to a number of amendments, which result in conflicts with East York (Ward 1) and Scarborough Bluffs (Ward 13). The Community Council also requested staff to investigate another ward option such that the west division of East Toronto ward be bounded by Danforth Avenue on the north and on the south, Lake Ontario, Coxwell Avenue, Queen Street East, Kingston Road, and Woodbine Avenue. Map 26 shows the ward recommended by the Toronto Community Council.

The conflict area between East York ward and East Toronto ward is bounded on the north by Milverton Boulevard, Oak Park Avenue, Doncaster Avenue, Barrington Avenue, Coleman Avenue, Maryland Boulevard, Avonlea Boulevard and Sibley Avenue and on the south by Danforth Avenue. The recommendation by the Toronto Community Council to include Maryland Boulevard and Avonlea Boulevard in their entirety will result in boundary lines which follow property lines. The East York Community Council recommended the boundary line be drawn along Danforth Avenue. Following the Toronto Community Council recommendation would result in East Toronto ward populations of 42,200 and 42,600. Following the East York Community Council recommendation would result in East Toronto ward populations of 34,700 and 41,000. In this part of the City, it makes sense to follow either the centre line of local streets or arterial roads (e.g., Danforth Avenue) so that the boundaries are understandable and avoid following property lines. The Urban Environment and Development Committee's recommendation with respect to East York (Ward 1) will define the northern boundary for East Toronto (Ward 26).

Between the East Toronto ward and Scarborough Bluffs ward, another conflict area results from Toronto Community Council recommending the area of Victoria Park Avenue, south of Bracken Avenue, be included in the Scarborough Bluffs ward (i.e., current boundary line), whereas the Scarborough Community Council recommended option 13-2b which included this area in East Toronto ward. The staff options included this area in East Toronto Ward so that the east boundary of the ward followed a street centre line its entire length to Lake Ontario. The Urban Environment and Development Committee's recommendation with respect to Scarborough Bluffs (Ward 13) will define the eastern boundary for East Toronto (Ward 26).

The Toronto Community Council also recommended that the internal division of the ward be amended such that all of Eastwood Road, between Woodbine Avenue and Bellhaven Road, be included in the proposed west ward division. Staff interpreted this recommendation to include both sides of Eastwood Road, in this area, in the west ward division. This change would mean the ward division line would follow property lines in this area and not street centre lines.

The Toronto Community Council also requested staff to investigate a proposed west ward in East Toronto ward that would be bounded on the north by Danforth Avenue and on the south and east by Lake Ontario, Coxwell Avenue, Queen Street East, Kingston Road, and Woodbine Avenue. This request replicates the proposed west ward division shown on staff option 26-2b and would result in a ward population of 37,600, consistent with the population principle.

York Humber (Ward 27):

The York Community Council recommended option 27-1a, which conflicts with the recommendations of the North York Community Council in regard to North York Humber (Ward 6) and the Toronto Community Council in regard to High Park (Ward 19). Map 27 shows the York Community Council recommended boundaries and the areas of conflict.

As was discussed in the North York Humber (Ward 6) section, following the existing ward boundary lines would mean following property lines. The staff options shown in 27-1a and 6-1a follow local street centre lines which make the boundary more understandable. The Urban Environment and Development Committee's recommendation with respect to North York Humber (Ward 6) will define the northern boundary for York Humber (Ward 27).

York Community Council also requested the North York Community Council to consider allowing the area south of Highway 401 and west of Highway 400 to be included as part of York Humber (Ward 27). The recommendation adopted by the North York Community Council would not accommodate this request.

As was discussed in the High Park (Ward 19) section, the Toronto Community Council recommendation to move the ward boundary line north of Bloor Street West to the TTC right-of-way conflicts with the recommended option from York Community Council. The Urban Environment and Development Committee's recommendation with respect to High Park (Ward 19) will define this southern boundary for York Humber (Ward 27).

It should also be noted that a graphical error was shown on staff options 27-1a, 27-1b, 27-1c, 27-2a, 27-2b, 27-3a, 27-3b which depicted the ward boundary immediately west of Jane Street when , in fact, it should have been shown following the centre line of Jane Street. Map 27 shows the correct boundary line for this area.

York Eglinton (Ward 28):

The York Community Council recommended option 28-1a, which conflicted with North York Community Council recommendation for North York Spadina (Ward 8) and Toronto Community Council recommendations for Midtown (Ward 23). Map 28 shows the York Community Council recommended option.

As was discussed in the North York Spadina (Ward 8) section, following the existing Ward 8 boundary would contravene the boundary principle adopted by City Council of following recognizable geographic features. It defines the southern ward boundary with property lines. Following local street centre lines, as presented in options 8-1a and 28-1a would define the ward by more recognizable features. Following the existing northern boundary for York Eglinton would result in a ward population below the threshold established by the population principle (i.e., plus or minus 25 percent) and is therefore not recommended. The Urban Environment and Development Committee's recommendation with respect to North York Spadina (Ward 8) will define the southern boundary for York Eglinton (Ward 28).

As was discussed in the Midtown (Ward 23) section, the Toronto Community Council recommendations for the western boundary of Ward 23 (and eastern boundary of Ward 28) are in conflict. The Toronto Community Council recommendation to generally maintain the existing ward boundary would result in the use of property lines for boundaries and split properties. The boundary options proposed by staff were designed to avoid following property lines by following more recognizable features, including street centre lines and the Cedarvale ravine. The Urban Environment and Development Committee's recommendation with respect to Midtown (Ward 23) will define this eastern boundary for York Eglinton (Ward 28).

Legal Issues Impacting the Boundary Review Process:

As discussed in the previous staff report on ward boundary changes, dated October 26, 1998, there remains a difference of opinion between the City and the Ministry of Municipal Affairs and Housing as to whether the City of Toronto has the authority to create single member wards and to change the overall size of City Council under the current legislation. Council will recall that the Province passed legislation earlier this year to allow the size of City Council to be increased by adding a third Councillor in East York (Ward 1). This legislative change did not otherwise amend the City of Toronto Act, 1997, to allow Council to otherwise change its structure. The City Solicitor remains of the opinion that the City's legislative authority in this regard is unclear, and that without legislative amendments to clarify the existing ambiguity, any by-law changing the size or composition of City Council would be vulnerable to legal challenge.

The above-mentioned report of October 26, 1998 outlined the following two options:

(a)seeking the necessary legislative amendment through a Private Member's Bill, as directed by City Council at its meeting of April 28 and May 1, 1998; and

(b)should the request for a Private Member's Bill be unsuccessful, commencing a court application under Rule 14 of the Rules of Civil Procedure seeking a determination of City Council's right to enact a by-law to change the size and composition of Council.

The City Solicitor advises that the City has been unsuccessful in seeking a Private Member's Bill. Thus, it is recommended that the City Solicitor be authorized to commence a court application under Rule 14 seeking a determination of City Council's right to enact a by-law changing the size and composition of Council.

Prior to the court's determination of City Council's authority to change its size and composition, City Council can enact a by-law changing ward boundary lines, as its legislative authority to do so is clear. If City Council approves changes to the existing ward boundaries resulting from the Community Council recommendations outlined in this report, Council must pass an implementing by-law giving effect to such changes. As the preparation of such a by-law will require detailing the legal description of the area to be included in each ward, it is recommended, should Council approve such changes, that the City Solicitor submit the necessary by-law to a future meeting of City Council early in 1999.

Until the recommended court application is determined, however, the City Solicitor advises that no by-law should be introduced creating single member wards by the division of the existing wards. City Council can approve changes to the existing ward boundaries immediately, but should wait for the determination of the court application before introducing a by-law creating single member wards.

Conclusion:

The staff options for ward boundary changes were presented to the public and Community Councils through a series of public meetings. The subsequent Community Council recommendations result in a number of conflict areas which need to be resolved by the Urban Environment and Development Committee for a final set of recommendations to City Council. This report considers all the Community Council recommendations and identifies the areas of conflict for consideration by the Urban Environment and Development Committee.

Contact Name:

John Hollins, Director, Elections, City Clerk's Division

Telephone: (416) 392-8019 E-mail: jhollins@city.north-york.on.ca

Peter Fay, Senior Policy and Planning Analyst, City Clerk's Division

Telephone: (416) 392-8668E-mail: pfay@mta1.metrodesk.metrotor.on.ca

________________________

Novina Wong

City Clerk

Attachments:

Appendix "A"-Community Council Recommendations on Ward Boundary Changes

Appendix "B"-Ward Boundaries as Recommended by the Community Councils

Maps 1-28- Maps depicting Community Council recommendations on ward boundary changes, proposed divisions, and conflict areas.

Appendix "A"

Community Council Recommendations on Ward Boundary Changes

East York Community Council:

The East York Community Council held a public meeting on November 3, 1998. The Community Council made the following recommendations:

(1)requested the Urban Environment and Development Committee to submit a consolidated report to City Council which shall incorporate recommendations from all Community Councils, including the following:

(a)by striking out Recommendation No. 1 contained in the joint report (October26,1998) from the City Clerk and the Commissioner of Urban Planning and Development Services and replacing it with the following Recommendation No. 1:

(1)that the City Solicitor be requested to clarify whether the Province of Ontario accepts or concurs with the position of single member wards and report further to City Council on the legal ramifications;

(b)that the City Council be requested to re-open the issue of single member wards for further public consultation;

(c)that the East York Community Council defer any recommendations to the UrbanEnvironment and Development Committee until legal advice has been received regarding recommendation (1) (a) (1) and staff have investigated other ward division options such that the Todmorden Community is maintained in one ward and that this issue should be delayed until the first meeting of the EastYork Community Council to be held in January, 1999;

(d)that the East York Community Council has no objections to moving the southern boundary line to Danforth Avenue;

(e)that notwithstanding the railway lines, the neighbourhoods of Governors Bridge and 701 Don Mills Road remain as part of the East York Community;

(f)that a preferred option for ward boundary minor refinements and ward divisions as the basis for ward revisions for the municipal elections to be held in the year 2000 be deferred until advice has been received from the City Solicitor;

(g)that if the division of the ward boundaries to permit single member ward representation requires provincial legislation, the Members of Provincial Parliament for the ridings of York East, Don Mills, Beaches-Woodbine and Riverdale be advised that the East York Community Council is opposed to these changes and requests their assistance;

(h)that the Urban Environment and Development Committee be advised that further public meetings must be held in the community of East York before any divisions or changes are made to the boundaries in the East York area;

(2)received the following communications (November 3, 1998) from Ms. Carol Burtin-Fripp, President, Leaside Property Owners' Association, East York; (November 3, 1998) from Mr.Colin MacLeod, East York; (Undated) from Ms. Margaret Simpson, East York; and (November 3, 1998) from Mr. Justin Van Dette, East York;

(3)received the following joint report (October 26, 1998) of the City Clerk and the Commissioner of Urban Planning and Development Services; and

(4)received the presentation by Mr. Peter Fay, Senior Policy and Planning Analyst and Mr.JohnHollins, Director of Elections, regarding the options for Ward Boundary Changes.

York Community Council:

The York Community Council at its public meeting held on November 4, 1998, recommended to the Urban Environment and Development Committee that:

(1)the proposed ward boundary changes as indicated on Map 27-1a, Ward 27, York Humber, be approved;

(2)the proposed ward boundary changes as indicated on Map 28-1a, Ward 28, York Eglinton, be approved; and

(3)after its consideration of the staff report on November30,1998, that the Committee's recommendations be forwarded to the York Community Council for further consultation with the public at its December 9, 1998 meeting, prior to Council's adoption on December16, 1998.

The Community Council also requested the North York Community Council to consider allowing the area located south of Highway 401 to the proposed north boundary (Woodward Avenue/CN Rail) as noted on Map 27-1a, to be included as part of a continuing community of Ward 27, York Humber.

Toronto Community Council:

The Toronto Community Council at its public meeting on November 5, 1998, adopted the following recommendations:

(1)recommended to the Urban Environment and Development Committee that:

(a)with respect to High Park (Ward 19):

(i)Bloor Street West, west of Jane Street to the Humber River, and the area north of Bloor Street West up to and including the southern edge of the T.T. C. right-of-way be added to the proposed west ward of High Park;

(ii)the Option set out in Map 19-1a, attached to the report (October 26, 1998) from the City Clerk and Commissioner of Urban Planning and Development Services, as amended by Recommendation No. 1(a)(i), be adopted;

(b)with respect to Davenport (Ward 21):

the Option set out in Map 21-1a, attached to the report (October 26, 1998) from the City Clerk and Commissioner of Urban Planning and Development Services, as amended by Recommendation No. 1(a)(i), be adopted;

(c)with respect to Trinity-Niagara (Ward 20):

the Option set out in Map 20-1a, attached to the report (October 26, 1998) from the City Clerk and Commissioner of Urban Planning and Development Services, be adopted;

(d)with respect to Midtown (Ward 23):

(i)the Option set out in Map 23-1a, attached to the report (October 26, 1998) from the City Clerk and Commissioner of Urban Planning and Development Services, be amended to provide that:

(a)the CN Rail Line be the dividing line between the ward and the area bounded by the East York Community Council, excluding the Governor's Road Bridge neighbourhood;

(b)the present status quo remain in place with respect to Heath Street West;

(c)the south side of Eglinton Avenue West, between Bathurst Street and the Belt Line remain in North Toronto (Ward 22);

(d)both sides of Spadina Road, from St. Clair Avenue West to Heath Street West, remain in Midtown;

(e)the present status quo remain in place with respect to Lonsdale Road, Lonsmount Drive and Montclair Avenue;

(ii)the Option set out in Map 23-1a, attached to the report (October 26, 1998) from the City Clerk and Commissioner of Urban Planning and Development Services, as amended by Recommendation No. 1(d)(i), be adopted;

(e)with respect to North Toronto (Ward 22):

the Option set out in Map 22-1a, attached to the report (October 26, 1998) from the City Clerk and Commissioner of Urban Planning and Development Services, as amended by Recommendation No. 1(d)(i)(c), be adopted;

(f)with respect to Downtown (Ward 24):

the Option set out in Map 24-1a, attached to the report (October 26, 1998) from the City Clerk and Commissioner of Urban Planning and Development Services be adopted;

(g)with respect to Don River (Ward 25):

(i)the Option set out in Map 25-1a, attached to the report (October 26, 1998) from the City Clerk and Commissioner of Urban Planning and Development Services, be amended to provide that:

(a)Cherry Beach remain in the same new ward as the Leslie Street Spit;

(b)the north side of Fulton Avenue be included in the proposed east ward; and

(ii)the Option set out in Map 25-1a, attached to the report (October 26, 1998) from the City Clerk and Commissioner of Urban Planning and Development Services, as amended by Recommendation No. 1(g)(i), be adopted;

(h)with respect to East Toronto (Ward 26):

(i)the Option set out in Map 26-1a, attached to the report (October 26, 1998) from the City Clerk and Commissioner of Urban Planning and Development Services, be amended to provide that:

(a)Coleman Avenue to Sibley Avenue be included in the proposed east ward;

(b)Maryland Boulevard and Avonlea Boulevard be included in their totality in the proposed east ward;

(c)the Shoppers' World Site be included in its totality in the proposed east ward;

(d)all of Eastwood Road, between Woodbine Avenue and Bellhaven Road be included in the proposed west ward;

(e)Victoria Park Avenue, south of Bracken Avenue, be located in the proposed west ward for Scarborough Bluffs (Ward 13);

(i)the proposed boundaries for the areas covered by the East York, York and Scarborough Community Councils be amended in accordance with Recommendation Nos. (1)(a) to 1(h);

(j)if the Legislature does not enact the necessary amendments to the City of Toronto Act, 1997 before the end of the current legislative session, the City Solicitor be authorized to commence a court application under Rule 14 of the Rules of Civil Procedure (R.R.O. 1990, Reg. 194, as amended) seeking a determination of City Council's right to enact a by-law changing the size and composition of Council under the Municipal Act and the City of Toronto Act, 1997;

(2)requested the Urban Environment and Development Committee to set aside a specific time at its meeting to be held on November 30, 1998 to consider this matter; and

(3)requested the City Clerk, in consultation with appropriate officials, to:

(a)consolidate the recommendations of each of the Community Councils, for consideration by the Urban Environment and Development Committee at its meeting to be held on November 30, 1998;

(b)provide further notice of the special session of the Urban Environment and Development Committee on November 30, 1998, as set out in Recommendation No. (2), including direct notice to all resident and ratepayer groups, all BIAs and all historical societies within the City of Toronto; and

(c)report to the Urban Environment and Development Committee, at its meeting to be held on November 30, 1998, with respect to the proposed west ward in East Toronto, on locating the northern boundary on Danforth Avenue, and the southern boundary on Queen Street East from Coxwell Avenue to Kingston Road and from Kingston Road to Woodbine Avenue.

Scarborough Community Council:

At its meeting on November 12, 1998, the Scarborough Community Council adopted the following recommendations:

(1)the adoption of the following Options for Ward Boundary Changes:

Ward 13 -Scarborough Bluffs:Option 2b;

Ward 15 -Scarborough City CentreOption 1a;

Ward 16 -Scarborough Highland CreekOption 1a,

subject to the boundary going straight down Morningside Avenue and the area thus affected of Ward 13 being taken into Ward 13, in accordance with Maps 13-2a and 2b;

Ward 17 -Scarborough AgincourtOption 2a;

Ward 18 -Scarborough MalvernOption 1a; and

(2)that an office be established by the City to review the Ward Boundary changes prior to the Municipal Elections in the Year 2003 and that regular reviews be undertaken in every subsequent third election year.

North York Community Council:

On November 16, 1998, the North York Community Council held a public meeting on ward boundary changes, and adopted the following recommendation:

"if a decision is made by City Council to revert to the single ward system, that the old ward boundaries of the former City of North York be maintained."

Etobicoke Community Council:

At its meeting on November 18, 1998, the Etobicoke Community Council adopted the following recommendations:

(1)Ward 2 -Lakeshore-Queensway -Option 2-1a;

(2)Ward 3 -Kingsway-Humber -Option 3-1a;

(3)Ward 4 -Markland-Centennial -Option 4-1b; and

(4)Ward 5 -Rexdale-Thistletown -a revised Option using Finch Avenue, from Highway 427 east to Albion Road, east on Albion Road to Kipling Avenue, south to the West Branch of the Humber River, and then east to the Humber River, as the boundary.

The Etobicoke Community Council reports having requested the City Clerk to submit a further report to the Urban Environment and Development Committee on November 30, 1998, with respect to:

(i)the division of the industrial lands in Ward 2 -Lakeshore-Queensway, on a more equitable basis within the existing ward boundaries; and adjustment of the boundary from Royal York Road to Dwight Avenue; and

(ii)the proposed revised Option for Ward 5 -Rexdale-Thistletown.