Standing Authority to Dedicate Land

as a Public Highway or a Public Lane.

The Urban Environment and Development Committee recommends the adoption of the following report (October 7, 1998) from the Executive Director of Technical Services, Works and Emergency Services Department, subject to:

(A)adding thereto the following new Recommendation No. (2):

"(2)prior to any such dedication of land, the Commissioner of Works and Emergency Services be requested to consult with the respective local Councillor(s); and the Councillor(s) retain the option of requesting a referral of the dedication to the Urban Environment and Development Committee, if deemed necessary; and

(B)renumbering the remaining Recommendations accordingly:

Purpose:

To obtain standing authority to dedicate appropriate City property as a public highway or a public lane.

Recommendations:

It is recommended that:

(1)standing authority be granted to the Commissioner of Works and Emergency Services or his designate(s) (or any successor) to approve of the acceptance, laying out and dedication of land for public highway or public lane purposes in those cases where the land in question has been acquired/accepted for such purposes, and to take all steps necessary to implement such dedication, including requesting the City Solicitor to submit the relevant Bills to Council for enactment, and making payment of any costs necessary to register the resultant by-laws in the relevant Land Registry Office;

(2)authority be granted to introduce any Bills necessary to implement the foregoing to Council;

(3)this authority supersede and replace any policies, authorities and by-laws of the seven former municipalities relating to the subject matter hereof; and

(4)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

The City of Toronto now has title to many parcels of land acquired by the former municipalities for public works purposes. As well, the new City of Toronto has acquired title to some land for public works purposes. By the adoption by City Council of Clause No. 1 of Report No. 11, as amended, of The Corporate Services Committee at its meeting held on July 29, 30 and 31, 1998, the Commissioner of Corporate Services was, inter alia, authorized to approve of the acquisition and/or acceptance of land or easements, for nominal consideration, required for public works purposes. In order for lands to which the City of Toronto has title to form part of a public highway or public lane, a by-law must then be enacted dedicating such lands as public highway or lane. In the former municipalities, it was found most efficient to delegate to staff the authority to approve of the dedication of lands acquired for that purpose as highways. Having done so, the by-laws to legally implement those decisions would still be submitted to Council for enactment, having the result that Councillors were still made aware of the evolution of property into dedicated highways.

Conclusions:

To efficiently process the dedication of roads/lanes and to process the enactment and registration of the relevant by-laws, it is recommended that for the new City, harmonized standing authority should be granted to staff to take the necessary steps to have land acquired by the City for road purposes actually dedicated as such. Accordingly, standing authority should be granted to the Commissioner of Works and Emergency Services or his designate(s) (or any successor) to approve of the laying out and dedication of City land for public highway or public lane purposes, where the land in question has been acquired/accepted for such purposes, and to take all steps necessary to implement such dedication, including requesting the City Solicitor to submit the relevant Bills to Council for enactment, and making payment of any costs necessary to register the resultant by-laws in the relevant Land Registry Office.

Contact Name:

Mr. John House, 392-8338.