TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on February 4, 5 and 6, 1998

INTERIM BOARD OF HEALTH

REPORT No. 2

1Review of PCB Waste Transfers Across City Boundaries

2Increase in Size of the Board of Healthfor the City of Toronto Health Unit

3Other Items Considered by the Board

City of Toronto

REPORT No. 2

OF THE INTERIM BOARD OF HEALTH

(from its meeting on January 26, 1998,

submitted by Councillor John Filion, Chair)

As Considered by

The Council of the City of Toronto

on February 4, 5 and 6, 1998

1

Review of PCB Waste Transfers Across City Boundaries

(City Council on February 4, 5 and 6, 1998, amended this Clause, by adding thereto the following:

"It is further recommended that the Acting Medical Officer of Health and the Interim Functional Lead for Building, in consultation with appropriate staff, be requested to submit a report to the Board of Health and to the Urban Environment and Development Committee on the monitoring and securing of existing PCB storage sites in the City of Toronto and, in particular, on ensuring that all levels of government are working together to ensure the safety of the public in PCBstorage, such report to include details on the responsibilities of the City of Toronto and the Provincial government in this regard.")

The Interim Board of Health recommended that City Council request the Ontario Ministry of Environment and Energy to continue to notify the new City of Toronto regarding all PCB waste transfers.

The Interim Board of Health reports having:

1. In the interim until the review of the structural and governance issues has been resolved by Council, requested the Acting Medical Officer of Health to:

a. continue to monitor the quantity and type of PCB waste transferred into and out of the City of Toronto and the storage and treatment scenarios associated with those transfers, under the policy adopted by the former City of Toronto at its meeting of November 1 and 2, 1993.

b. continue to advise the Board of Health regarding PCB waste transfers into the new City.

2. Requested the Acting Medical Officer of Health to report back to the Board on a suggested process for dealing with environmental issues and PCB issues.

The Interim Board of Health submits the following report (October 6, 1997) from the Assistant City Clerk, former City of Toronto:

City Council, at its regular meeting on September 22 and 23, 1997, gave consideration to Clause 3 contained in Report No. 9 of the Board of Health, titled "Review of PCB Waste Transfers Across City Boundaries".

Council endorsed the following action taken by the Board of Health:

1. Requested the Medical Officer of Health to continue to monitor the quantity and type of PCB waste transferred into and out of the City of Toronto, and the storage and treatment scenarios associated with those transfers under the policy adopted by City Council at its meeting of November 1 and 2, 1993.

2. Requested the Ontario Ministry of Environment and Energy to continue to notify the new City of Toronto regarding all PCB waste transfers.

3. Requested the Medical Officer of Health of the new City of Toronto to continue to advise the Board of Health for the new City regarding PCB waste transfers into the new City.

4. Forwarded a copy of this report to the Regional Director, Ministry of Environment and Energy, Toronto District Office for consideration and response.

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(A copy of Clause 3 of Report No. 9 of the Board of Health of the former City of Toronto, titled "Review of PCB Waste Transfers Across City Boundaries", which was adopted by City Council at its regular meeting on September 22 and 23, 1997, referred to in the foregoing report, was forwarded to all Members of Council with the agenda of the Interim Board of Health meeting of January 26, 1998, and a copy thereof is on file in the office of the City Clerk.)

2

Increase in Size of the Board of Health

for the City of Toronto Health Unit

(City Council on February 4, 5 and 6, 1998, amended this Clause by adding thereto the following:

"It is further recommended that:

(1) the report dated January 15, 1998, from the Functional Lead, Legal Services, entitled 'By-law to Appoint Members of the Board of Health', be received;

(2) Bill No. 26 be amended to provide for the increase in the size of the Board of Health for the City of Toronto Health Unit to 10 municipal members; and

(3) it be clear that it is the intent of City Council that the citizen appointees are only to be in place until their successors are appointed.")

The Interim Board of Health recommends that Council:

1. Increase the size of the Board of Health for the City of Toronto Health Unit to 10 municipal members.

2. Appoint Dr. Rosanna Pellizzari, Mr. Robert Davies and Ms. Elca Rennick to the Board of Health for the City of Toronto Health Unit until such time as Council determines the citizen composition of the Board and until such time as their successors are appointed.

The Interim Board of Health reports having:

1. Requested the City Solicitor and the Acting Medical Officer of Health, to report to the Board's next meeting on February 23, 1998 on how Community Advisory Boards can be reconstituted in each of the former six municipality's urban areas.

2. Requested the Special Committee chaired by Councillor Miller to expedite its consideration of the membership structure of the Board of Health.

3. Invited the Toronto Public School Board and the Toronto Separate School Board to each send an elected representative to the next and subsequent meetings of the Board of Health as observers and that they be provided with a full agenda package and the Chair permit them to sit at the meeting table and participate in discussions.

4. Requested the Provincial Government to amend the Health Protection and Promotion Act to increase the maximum number of members of the Board of Health for the City of Toronto Health Unit from 13 to 15 members to allow for elected school board representation.

The Interim Board of Health submits the following report (January 15, 1998) from the City Solicitor:

Purpose:

To advise the Board of Health of statutory requirements respecting Board of Health membership.

Funding Sources, Financial Implications and Impact Statement:

Not applicable

Recommendations:

That this report be received for information.

Board Reference/Background/History:

At its meeting held January 7, 1998 the interim Board of Health requested the City Solicitor to report on the implications of inviting Board of Education representatives to sit on the Board as non-voting members until such time as the legislation is amended to permit a maximum of 15 board members.

Comments and/or Discussion and/or Justification:

The Health Protection and Promotion Act ("HPPA") and the City of Toronto Act, 1997 (No. 2) ("City of Toronto Act") set out the parameters for board membership and establishing the size of the board of health. The HPPA provides that each board of health shall have no fewer than three and not more than thirteen municipal members and further provides that municipal members of the board be appointed by council. The City of Toronto Act requires City Council to pass a by-law establishing the size of the board of health in accordance with the HPPA. Accordingly, Council has the authority to determine both the size of the board and its membership.

At its meeting held January 2, 6, 8 and 9, 1998 City Council adopted the recommendations of the Striking Committee, as amended, and in so doing determined that the Board of Health for the City of Toronto Health Unit would be comprised of seven members of City Council. The City Solicitor has been requested to draft a by-law to give effect to Council's actions. The interim board of health established by the City of Toronto Act will be dissolved once Council passes this by-law.

As previously noted, the size of the board of health can vary between a minimum of three and a maximum of thirteen municipal members and is established by Council by-law. While Council has, at the present time, determined the size of the board to be seven members, comprised of Council members, membership of the board is not restricted to members of Council. The size of the board could be increased or decreased by Council by passing an amending by-law, provided the size of the board falls within the statutory requirements of the HPPA. Similarly, Council could also appoint citizen members or for example, Board of Education representatives, to the Board. However, since Council has determined at this time that the board of health is to be comprised of seven members of Council, it is my view that once Council passes the by-law establishing the size of the board of health, no one other than Council's appointees can be members of the board.

In the past, persons who were not members of the board were invited to participate in board discussions and on occasion, these individuals were invited to sit with Board members during the discussion to respond to Board members' questions. Generally, a person who is not a member of the Board or who is not a member of Council is not permitted to address the Board except upon invitation of the Chair of the Board or the members. Similarly, it is my view that only members of the Board are permitted to participate in a debate, introduce a motion or vote on a matter at board meetings.

Conclusions:

In conclusion, I am of the opinion that representatives of the Board of Education cannot participate as non-voting members of the board of health. However, this does not preclude representatives of the Board of Education or any other members of the public from attending public meetings of the board of health and participating in debates before the board at the invitation of the Chair or other members of the board.

Contact Name:

Jane Speakman

Legal Department 392-1563

(City Council on February 4, 5 and 6, 1998, had before it, during consideration of the foregoing Clause, the following report (January 15, 1998) from the Functional Lead - Legal Services:

Purpose:

To advise City Council of the procedures relating to the appointment of members of the Board of Health.

Funding Sources, Financial Implications and Impact Statement:

There are no funding implications at this time.

Recommendation:

That a by-law in the form or substantially in the form of the attached by-law establishing the size of the Board of Health be enacted by City Council.

Council Reference/Background/History:

Council at its meeting held January 2, 6, 8 and 9, 1998 adopted, as amended, the report of the Striking Committee and in so doing determined that the Board of Health for the City of Toronto Health Unit would be comprised of seven Members of City Council.

Comments and/or Discussion and/or Justification:

The City of Toronto Act, 1997 (No. 2) requires Council to establish, by by-law, the size of the Board of Health in accordance with the provisions of the Health Protection and Promotion Act (the "HPPA"). The HPPA provides that the Board may have a minimum of 3 members and a maximum of 13 members. While the members of the Board are appointed by City Council, membership on the Board is not restricted to Council Members. The attached by-law establishes a seven-member Board for the City of Toronto Health Unit, comprised of 7 Members of City Council. The size of the Board may be increased or decreased by Council by amending the by-law provided that the size of the Board falls within the statutory requirements of the HPPA. Similarly, Council could appoint citizen members to the Board.

The interim Board of Health established by the City of Toronto Act, 1997 (No. 2) will be dissolved when the by-law establishing the size of the Board is passed.

Conclusions:

The interim Board of Health will be dissolved once Council adopts a by-law establishing the size of the Board of Health and appoints members to the Board in accordance with that by-law. Should Council wish to increase or decrease the size of the Board and/or appoint citizen members to the Board, it may do so by amending the by-law provided that the Board has a minimum of 3 and a maximum of 13 members.

Contact Name:

Jane Speakman, Legal Department, 392-1563.

________

THE CITY OF TORONTO

BY-LAW No. __________

A By-law respecting the size of the Board of Health for the City of Toronto Health Unit

and the term of office of Board members.WHEREAS, by the City of Toronto Act, 1997 (No. 2), a board of health for the City of Toronto (the "Board of Health") was established on January 1, 1998 under the name of Board of Health for the City of Toronto Health Unit in English and Conseil de Santé de la circonscription sanitaire de la cité de Toronto in French;

AND WHEREAS subsection 46(2) of the City of Toronto Act, 1997 (No. 2) provides that the Council of the City shall, by by-law, establish the size of the Board of Health in accordance with subsection 49(2) of the Health Protection and Promotion Act;

AND WHEREAS subsection 49(2) of the Health Protection and Promotion Act provides that there shall not be fewer than three (3) and not more than thirteen (13) municipal members of each board of health;

The Council of The City of Toronto HEREBY ENACTS as follows:

1. In this by-law,

(a) "Council" means the Council of the Corporation of the City of Toronto;

(b) "Municipal Member" means a person appointed to the Board of Health by Council.

2. The Board of Health shall consist of seven (7) Municipal Members, each of whom shall be a member of Council.

3. The term of office of a Municipal Member continues during the pleasure of council that appointed the municipal member but, unless ended sooner, ends with the ending of the term of office of the council. ENACTED and PASSED this _______ day of ________________, A.D. 1998._______________________________ ___________________________________

Mayor City Clerk )

3

Other Items Considered by the Board

(City Council on February 4, 5 and 6, 1998, received this Clause, for information.)

(a) Powers and Duties of the Acting Medical Officer of Health.

The Interim Board of Health reports having received the following report for information:

(January 12, 1998) from the City Clerk, forwarding Council's action taken at its meeting on January 2, 6, 8 and 9, 1998, in which Council granted authority for the introduction of a Bill in Council substantially in the form of the draft by-law attached as Schedule 1 of the report dated January 5, 1998, from the Chief Administrative Officer.

(b) Alcoholic Beverage Availability.

The Interim Board of Health reports having received the following communication for information:

(November 20, 1997) from A. Hukowich, M.D., C.C.F.P., D.P.H., Medical Officer of Health, Executive Officer, Board of Health, Haliburton, Kawartha, Pine Ridge District Health Unit regarding Sunday openings of liquor and beer stores in their jurisdiction. Respectfully submitted,

JOHN FILION,

Chair

Toronto, January 26, 1998(Report No. 2 of The Interim Board of Health, including an addition thereto, was adopted, as amended, by City Council on February 4, 5 and 6, 1998.)