(February 5, 1998) From the Solicitor, York Civic Service Centre

Purpose:

To provide requested advice on the provisions of the Procedural By-law and suggested amendments

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications.

Recommendations:

1. That Council delegate the following hearing functions to the community councils:

2. That Notices of Motion be prepared and presented to City Council to effect the delegation of these hearing functions.

Council Reference/Background/History:

After the Community Council Briefing of January 21, 1998 the Solicitor was directed to submit a report to the next meeting of the Community Council. The primary matter of concern reflected in the Community Council motion was proposed amendments to the procedural by-law.

Comments and/or Discussion and/or Justification:

At the January 21st Community Council Briefing I had identified two issues that might warrant amendments to the procedural by-law:

1. Whether public meetings or hearings required before City Council enacts certain by-laws, in addition to official plans and zoning by-laws, should be delegated to community councils; and;

2. Restrictions on when Council or a committee of Council, including a community council, may meet in camera.

The procedural by-law adopted on an interim basis by Council delegates community councils the power and authority to hold public meetings required in relation to proposed official plans, official plan amendments, zoning by-laws and zoning by-law amendments when the affected lands are totally within the urban area represented by the community council. When the affected lands are within the urban area represented by more than one community council, the public meetings are to be held by the Urban Environment and Development Committee.

On the same logic that supports delegating official plan and zoning by-law public meetings to community councils, there are certain other public meetings or hearings required before Council action that could similarly be delegated to community councils. The Planning Act requires public meetings before Council adopts a community improvement plan and before a plan of subdivision is approved. The Municipal Act provides for hearings before certain by-laws are passed. Section 300 of that Act requires that council hear any person who claims that the person=s land will be prejudicially affected by a proposed by-law to be passed pursuant to section 297 of that Act to stop up, alter, widen, divert, sell or lease a highway or establish or lay out a highway. Similarly, paragraph (f) of section 210 of that Act requires Council to hear any person who applies to be heard before passing a sign by-law.

There are notices of motion on the agenda for the February 4th meeting of Council which would delegate to community councils the public hearings required before the adoption of community improvement plans and the approval of plans of subdivisions, subject to similar qualifications as apply in relation to official plans and zoning by-laws. Similar notices of motion could be presented to Council in relation to the hearings required by section 300 and paragraph (f) of section 210 of the Municipal Act. These delegations would be pursuant to section 105 of that Act.

With respect to hearings required by section 300 of the Municipal Act it would appear reasonable for community councils to hold those hearings except when the proposed by-law relates to roads designated as arterial, minor arterial and collector roads by an applicable official plan. The impact of a closing, alteration etc. of a local road is purely local in nature. Often such by-laws relate to rezonings or developments, and when they do the public meetings in relation to the rezoning would be held by the community council.. On the other hand, if the proposed by-law will apply to any arterial, minor arterial or collector road, the potential impact will be more widespread and the hearing would most appropriately be held by the Urban Environment and Development Committee.

In the case of hearings required before a sign by-law or amendment is adopted, it would appear reasonable for the community council to hold the hearing when the by-law or amendment applies solely to lands which are totally within the urban area represented by the community council. In other cases, the appropriate committee to hold the hearing would be the Urban Environment and Development Committee.

The delegation of hearings to a committee of council is pursuant to the legislative authority set out in section 105 of the Municipal Act. That section makes reference to the Statutory Powers Procedure Act and also requires that the committee holding the hearing make a written report to Council and specifies what that report is to contain. A staff committee with representatives from the Clerks, Planning and Legal Departments is meeting with respect to procedures to be followed by committees and community councils to comply with the requirements of section 105 and will report at a future date.

The City Solicitor is reviewing the procedural by-law provisions as to when City Council and its committees, including community councils, may meet in camera. He will be reporting on this issue. In the interim, if a community council considers it necessary to meet in camera when permitted by the Municipal Act but perhaps not by the procedural by-law, the community council may waive the by-law provision. That is permitted by section 134 of the by-law. As required by the Municipal Act, before a community council meets in camera it must state, by resolution, the fact of holding the closed meeting and the general nature of the matter to be discussed at the closed meeting.

Based on comments made at the January 23rd meeting, it seemed appropriate to highlight a few other provisions of the procedural by-law.

1. Deputations: Section 131 of the By-law states that individuals or groups wishing to make oral submissions are to give written notice to the secretary no later than noon on the third working day preceding the day upon which the agenda material is to be delivered to Members. The written notice is to contain on outline of the submissions to be made. However, subsection 131(4) states that the committee may decide by a simple majority vote to hear the oral submissions, even if the formal requirements of the section are not met. This section would also not apply in the case of a statutorily required public meeting or hearing.

2. Motions to Defer, Refer or Receive: Items referred or deferred by the community council are to be reported to Council under the clause in the committee report entitled Other Items Considered by the Committee=. Generally items received by the community council are to be reported in a similar way. There are two exceptions. First, the community council can direct that a received item be reported in a different way. Second, if the community council decides to receive or take no action with respect to an item containing recommendation from a City Official, that action must be reported to Council as a clause for consideration.

Conclusions:

Council should delegate responsibility for hearings noted in the recommendations of this report to community councils.

Contact Name:

George McQ. Bartlett

Solicitor, York

Tel. 394-2531

Fax. 394-2904