TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on February 2, 3 and 4, 1999

ECONOMIC DEVELOPMENT COMMITTEE

REPORT No. 1

1Toronto Small Business Enterprise Centre/MEDTT/Public and Private Sector Partnership

2Factory Theatre Capital Request(Ward 24 - Downtown)

3Board Composition for Toronto Economic Development Corporation (TEDCO)

4Future of the World City Committee

5Extension of the Mobile Food Concession Contract -The Toronto Harbour Commissioner's Waterfront Park(Ward 25 - Don River)

6Film Permit Issuance

7Feasibility of Establishing a Telecommunications Authority andRelated Matters Respecting Rights-Of-Way Access and Use

8Proposed Changes to Revenue Canada Taxation Policy and Heritage Canada's Federal Production Services Tax Credit

9Space Expansion to the Lower Lobby of the Bluma Appel Theatre (Ward 24 - Downtown)

10Woodbine Park Development - 1999: Project Management(Ward 26 - East Toronto)

11Other Items Considered by the Committee

City of Toronto

REPORT No. 1

OF THE ECONOMIC DEVELOPMENT COMMITTEE

(from its meeting on January 25, 1999,

submitted by Councillor Brian Ashton, Chair)

As Considered by

The Council of the City of Toronto

on February 2, 3 and 4, 1999

1

Toronto Small Business Enterprise Centre/MEDTT/

Public and Private Sector Partnership

(City Council on February 2, 3 and 4, 1999, amended this Clause by adding to Recommendation No.(3) of the Economic Development Committee, the words "and in the East York Civic Centre for the new media village", so that such recommendation shall now read as follows:

"(3)that ground floor space also be allocated in Scarborough and Etobicoke Civic Centres for small business services, and in the East York Civic Centre for the new media village.")

The Economic Development Committee recommends:

(1)the adoption of the report (January 5, 1999) from the Commissioner of Economic Development, Culture and Tourism;

(2)that the existing space utilized by the Economic Development Division at the North York Civic Centre be modified to 5,000 square feet to accommodate the combined Small Business Enterprise Centre and the Economic Development North Office and that the Commissioner of Corporate Services be authorized to facilitate this space allocation by March 10, 1999; and

(3)that ground floor space also be allocated in Scarborough and Etobicoke Civic Centres for small business services.

The Economic Development Committee submits the following report (January 5, 1999) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

To inform and seek support from members of City Council for the establishment of a new Toronto Small Business Enterprise Centre and to proceed in partnership with the Ministry of Economic Development, Trade and Tourism (MEDTT) in the delivery of this program/service.

Funding Sources, Financial Implications and Impact Statement:

Endorsement of the Toronto Small Business Enterprise Centre as recommended in this report will require the City of Toronto to contribute professional and support staff, facilities, and program funding. This equivalent amount has already been included in the approved budget of the Economic Development Division.

As a result of establishing a partnership with both the public and private sectors, additional direct and indirect financial and in-kind resources will contribute towards the overall program on an annual basis.

Recommendations:

It is recommended that:

(1)the City of Toronto proceed to sign a Letter of Agreement with the Ministry of Economic Development, Trade and Tourism (MEDTT) regarding the establishment of a Toronto Small Business Enterprise Centre (Appendix 1);

(2)the Economic Development Division report back to the Economic Development Committee with further details regarding the composition of the public/private sector partnership;

(3)the Economic Development Division prepare a business plan and report back to the Economic Development Committee; and

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

Council Reference/Background/History:

The existing Toronto Small Business Self-Help office (Scarborough and Toronto locations) were originally established in 1987 as part of the provincial network of Business Self-Help Offices. The Self-Help program consists of partnerships between the Province of Ontario and various municipalities throughout the province. The program was established to provide information and advice primarily to individuals interested in starting a small business. Services currently available through the Toronto Self-Help Office include:

-free consultation services on business planning etc.;

-a variety of low cost seminars on small business topics;

-a walk-in resource centre with small business reference publications; and

-Internet access available to the public to conduct business research.

These two locations (Toronto City Hall and Scarborough Civic Centre) assist approximately 20,000clients annually.

In 1997, the Provincial government announced plans to consolidate the current network of Self-Help Offices throughout the province with Enterprise Centres. This new direction is a result of an evaluation of the 10 year Self-Help program and addressing concerns that the scope of the current self-help program is limited in its ability to serve its client base. Currently, there are five Small Business Enterprise Centres (Hamilton-Wentworth, Brampton, London, Ottawa and Sudbury) operating in partnership with the province under the new small business model.

Comments and/or Discussion and/or Justification:

In 1998, the Provincial Government (MEDTT) approached the newly amalgamated City of Toronto to enter into a partnership to establish a new Toronto Small Business Enterprise Centre due to the closure of the existing Self-Help Program throughout the province. Selected urban centres (including Toronto) have been targeted as areas for small business program/service delivery under the new Enterprise Centre model.

The City of Toronto is the 6^th largest urban area centre in North America. With an estimated 80,000business establishments, Toronto is Canada's leading city for fostering entrepreneurship and small business start-ups. The nature and the scope of the City of Toronto is impressive and offers many challenges and opportunities:

-estimated 80,000 existing businesses located in a vibrant multi-cultural environment (1.2million jobs);

-90 defined as small businesses;

-business contributes to $3.95 billion in tax revenues to the City of Toronto;

-35 percent self-employed and growing;

-307 million sq. ft. of built industrial space;

-86 professional business associations;

-6,000 annual new business immigrants (entrepreneur, investor and self-employed);

-tremendous growth of home-based business establishments;

-specialty needs of youth, women, and business immigrants;

-best international city for work and play (Fortune Magazine, 1996); and

-among the top 10 world's most popular cities (Entrepreneur Magazine, 1998).

Public and Private Sector Partnership:

The fundamental change between the Small Business Self-Help program and the new Small Business Enterprise Centre model is the establishment of public and private sector partnerships to deliver small business programs and services. The nature and scope of these partnerships will be locally based and managed. The leveraging of the public and private sector partnerships allows the Small Business Enterprise Centre to capitalize on the wealth of knowledge, expertise, financial resources and formal and informal business networks that are potentially available to add value to the core small business programs and services.

The potential partnership and sponsorship areas and opportunities include but are not limited to:

-Government:Federal, Provincial, and Local

-Financial Services:major banks, insurance

-Information Technology/Telecommunications Firms:

-Management Consulting Firms:

-Community Organizations: Chambers of Commerce, Business Associations, etc.

-Educational Institutions: Universities, Colleges, etc.

-Publishers & Media:

-Office Suppliers:

The Centre will build on existing relationships that have been developed with small businesses, government agencies, support and training organizations and various other Toronto communities. A range of potential partnership and sponsorship opportunities will be explored as a means of broadening the resources which are brought to the client, capitalizing on revenue-generating opportunities and improving the long term sustainability of the Centre. Partners and sponsors will be able to contribute a combination of financial, technical and in-kind resources. Partnerships and sponsorships will be secured with Memorandums of Understanding (MOU) with targeted public and private sector core partners.

The Toronto Small Business Program:

Business Plan

Over the past several weeks, staff of the Economic Development Division have conducted discussions with the Province (MEDTT) for the establishment of a Toronto Small Business Enterprise Centre model. These discussions have assisted the Economic Development Division in formulating an outline for a draft Business Plan.

Human Resources Development Canada (HRDC) has provided the City of Toronto funding to complete a Strategic Business Plan (March, 1999) for the Toronto Business Program in consultation with both the public and private sector. This Business Plan will form the basis of a workplan for the years 1999-2000, and will allow the Economic Development Division the ability to secure additional public/private sector partners and sponsors.

Enterprise Centre

In addition to maintaining existing services to start-up and small businesses, providing overall Small Business Program coordination, and developing a stronger network of available services and resources, the Toronto Small Business Enterprise Centre will be in a position to enhance existing service areas and develop new programs.

Within the existing network of start-up and small business service providers and programs a number of service areas have been identified for new initiatives or enhancement of existing services. Initiatives are needed to address gaps in current services, provide specialized services reflecting the unique needs of our client-base, and focus on areas which present the greatest potential for economic growth. Program areas which have been identified include:

-Small Business Mentoring;

-Youth Employment Initiatives;

-Small Business Services Targeted to Women Entrepreneurs;

-Ethnic-Based Business Services; and

-Home-Based Business Policy & Support.

These program/service areas will be further refined as part of the Toronto Small Business Enterprise Centre's Strategic Business Plan in consultation with both the public and private sector. The Small Business Program will have the capacity to deal not only with start-ups, but also with existing small businesses. Consultants will be in a position to acquire specialization in a variety of business disciplines (i.e. marketing, finance, retailing, etc.). In addition, Gateway Offices and library Small Business Help Centres will put business information and consulting services right into the community. The Gateways will also ensure close proximity with other economic development functions, including sector specialists, creating a seamless economic development organization.

We anticipate 40,000 client contacts per year including seminar and outreach activity. We also expect approximately 1,500 documented client consultations. All of the Economic Development operations will be electronically linked and will share information through a Contact Management System. This system will assist in communication, issue analysis and reporting, and facilitate connections to other Economic Development services.

Organizational Framework:

Insert Table/Map No. 1

Organizational Framework

Gateway Offices

The new City's Economic Development structure involves four Gateway Offices located in the north, south, east and west regions of Toronto. Integral to these gateways will be the Small Business Program which will be administered through the Enterprise Centre (North Gateway Office) and three Small Business Gateway Offices. The delivery of Small Business Support Services in the South, East and West Gateway Offices will be coordinated by the Small Business Manager, located in the Enterprise Centre.

It will be the responsibility of both the Enterprise Centre and Small Business Gateway Offices to be involved in outreach activities to establish relationships with various small business service deliverers who provide complimentary or related services to small businesses.

The Small Business Gateway Offices will provide a range of services, including:

-Information & Advice on Business Start-up-Guidance with respect to Licensing,

-Reference Materials Registration & Regulations

-Sale of MEDTT Business Start-up-Referrals to Financial Assistance and

Publications Import & Export Programs

-Business Plan Development Advice;-Locally-Oriented Seminars &

-Information & Publications Workshops

-Computer & Internet Access

Administrative Structure:

Enterprise Centre Advisory Board

An Enterprise Centre Advisory Board will be established to provide policy and strategic direction to the Enterprise Centre. The Advisory Board will deal with ongoing issues related to future revenue generation, establishing agreements with additional funding organizations and partners, responding to new priority issues and opportunities, developing the vision and mission statement for the Enterprise Centre. Board members will also act as 'champions' to help promote Enterprise Centre services and activities.

The Board will consist of representatives of the Centre's founding partners. At this time, the Advisory Board will be established through a memorandum of understanding between all of the founding partners. The memorandum of understanding will address the general goals and objectives of the Centre, the role and responsibilities of the Board and members and the financial commitment of the members. The Board will have the authority to add members as required.

The City of Toronto will agree to act as the managing partner on behalf of the Advisory Board. The City, via the Commissioner of Economic Development, Culture and Tourism (or his delegate), will be the Centre's legal and binding authority for the purpose of accepting and spending moneys and entering into contracts. This relationship and any relevant conditions will be set out in the memorandum of understanding. This administrative structure will allow the Centre to begin operations as soon as possible.

Location

The Toronto Small Business Enterprise Centre will be located on the main floor of the North York Civic Centre, 5100 Yonge Street. The North York Civic Centre is centrally located with excellent access via public transportation (North York Centre subway stop). It is also easily accessed by car via major highways, including the 401 and Don Valley Parkway. The location is also adjacent to a busy retail mall, commercial offices, hotel and public library.

The Enterprise Centre will occupy approximately 2,500 to 5,000 square feet of dedicated space and will be furnished with publicly accessible work stations with internet services. Each computer workstation will have a client interface designed to direct inquiries to the appropriate Web site or database (i.e. COBSC Web Site, Strategis), provide on-line help, and answer common questions.

Small Business Gateway Offices will be maintained at the Scarborough Civic Centre and Toronto City Hall. In addition, a new office will be opened in Toronto's west end.

Conclusions:

The City of Toronto's Economic Development Division is placing a high priority on developing unique and innovative entrepreneurship and small business programs and services to its diverse clients. To achieve this goal effective public and private sector partnerships must be leveraged, especially in a city the size of Toronto, to capitalize on the wealth of knowledge, expertise, financial resources and formal and informal business networks available to bring additional value to the City's core business program and services that are unique to this marketplace.

The establishment of a new Toronto Small Business Enterprise Centre with the support of the provincial (MEDTT) public/private sector partnership model will undoubtedly provide the City of Toronto's existing and growing numbers of entrepreneurs and small business clients with higher levels of services/programs than the previous self-help programs.

The expected results of this partnership agreement with the province (MEDTT) include:

-providing quality small business services and programs to Toronto's entrepreneurs and small businesses;

-produce a Strategic Business Plan incorporating the input and full support of all public and private sector partners;

-rationalization of the Small Business Program and clarifying the return on investments for all parties;

-create a clear strategy to engage the targeted client groups; and

-create jobs and assessment for the City of Toronto.

Contact Names:

John Tracogna, Manager, Small Business, Tel.: 395-7407

Bill Steiss, Director, Small Business and Local Partnerships, Tel.: 394-2613

Brenda Librecz, Managing Director, Economic Development, Tel.: 397-4700

________

(A copy of Appendix 1 referred to in the foregoing report of the Commissioner of Economic Development, Culture and Tourism was forwarded to all Members of Council with the agenda of the Economic Development Committee for its meeting on January 25, 1999, and a copy thereof is on file in the office of the City Clerk.)

2

Factory Theatre Capital Request

(Ward 24 - Downtown)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Economic Development Committee recommends the adoption of the report (December 15, 1998) from the Commissioner of Economic Development, Culture and Tourism.

The Committee reports, for the information of Council, having:

(1) forwarded this report and the Committee's action to the Budget Committee for information;

(2) requested the Commissioner of Economic Development, Culture and Tourism, in consultation with the Chief Financial Officer, to report further on the limit the City can take with respect to applications such as that made by Factory Theatre.

The Economic Development Committee submits the following report (December 15, 1998) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

The purpose of this report is to seek approval for provision of a guarantee of a line of credit for the Factory Theatre, in the amount of $200,000.00.

Funding Sources, Financial Implications and Impact Statement:

Issuance of a line of credit is considered a financial commitment of the City. A commitment of $200,000.00 is within the updated Debt and Financial Obligation Limit of the City of Toronto.

Recommendations:

It is recommended that:

(1)authority be granted to enter into an agreement with the Factory Theatre's bank for a guarantee of a line of credit in the amount of $200,000.00 for the period from February 10, 1999 to February 9, 2004, on terms and conditions satisfactory to the Solicitor and Chief Financial Officer and Treasurer;

(2)authority be granted to enter into an agreement with the Factory Theatre with respect to the line of credit guarantee on terms and conditions approved by the Solicitor, the Chief Financial Officer and Treasurer and the Commissioner of Economic Development, Culture and Tourism, including the taking and registration of any security interest against the assets and property of the Factory Theatre as considered appropriate by those officials in order to protect the interests of the City of Toronto; and

(3)the appropriate officials be authorized to take the necessary action to give effect thereto.

Council Reference/Background/History:

The Factory Theatre is a not-for-profit charitable company founded in 1970 to create, develop and produce new Canadian theatre with an emphasis on original Canadian plays and the development of Canadian playwrights. The company seeks to work with a broad range of artists from across the country and to present the work in a national context.

Now in its twenty-ninth year of operation, the Factory Theatre is an important cultural institution in Toronto, reaching about 35,000 people at its theatre annually. The company employs six full-time staff, eighty part-time staff and contract staff and has attracted in excess of two hundred volunteers.

The Factory Theatre's 1998/99 operating revenues will total $921,830.00 at fiscal year-end, June 30, 1999. Its operating grant from the City in 1997 was $133,000.00 or 17.8 percent of total 1997/98 revenues of $859,605.00. Other governments' support for the operations totalled $271,006.00. The company generated $362,760.00 in earned revenue and $72,840.00 in donations, sponsorships and other private sector revenue. In addition, a philanthropic gift of $50,000.00 was recently received by the group. A copy of the most recent audited statements is attached as Appendix 1.

The Factory Theatre currently occupies and has committed to purchasing 125 Bathurst Street, located at the north-east corner of Bathurst Street and Adelaide Street West in the westerly portion of downtown Toronto. The main part of this landmark building was constructed in 1869 as a private home with the theatre being added in 1910. The building, which has been historically designated, consists of a 200-seat mainspace, 100 seat studio theatre, administrative space and shop/storage area.

The Factory Theatre has leased and occupied the property for the past fourteen years. In May 1998, the building was sold as part of a parcel of properties to Allied Canadian, a private developer with a background in retrofitting historically interesting, centrally-located buildings for commercial use. The new owner agreed to sell the property to the Factory Theatre for $1,150,000.00, conditional upon a closing of December 17, 1998. A sixty day option to extend to February 15, 1999 has been exercised.

An independent appraisal of the property provided by S. Andrews and Associates Appraisal Limited has indicated a market value of $1,150,000.00. In addition, staff of Corporate Services has undertaken an estimate of value and has indicated that the current market value ranges from $1,000,000.00 to $1,200,000.00.

Municipal History of Capital Requests:

In most of the former municipalities, the practice of providing grants for capital projects was relatively limited.

While the former City of Toronto did not have a formal capital grants policy, it did have a practice of not approving capital grants for improvements to non City-owned facilities. However, City assistance was provided on an exception basis to support facilities with pressing needs threatening their viability. The City's evaluation of these grant requests included a staff assessment of the proposed scope of work and a review of the group's financial situation to determine the financial viability of the request. City support was provided by way of grants, loans/loan guarantees and in-kind services, where appropriate.

The former Municipality of Metropolitan Toronto assessed capital grant requests against a Council-approved capital grant policy adopted in the earlier 1990's which stated that "no capital grants be considered except in cases where such grants would have an 'extraordinary' impact on the broad social and cultural life of Metropolitan Toronto".

Comments and/or Discussion and/or Justification:

On November 11, 1998, representatives of the Factory Theatre met with the Chair of the Economic Development Committee, the Chair of the Municipal Grants Review Committee, Culture Office staff and myself, to request financial support from the City for the acquisition of 125 Bathurst Street. Specifically, the company has requested a one-time grant of $100,000.00 and a loan of $100,000.00, repayable over three years.

The City's response to this request is needed before the closing date of February 17, 1999, already extended from the original date of December 17, 1998. Confirmed funding to date totals $922,000.00, including a mortgage commitment for 62 percent of the total acquisition costs of $1,200,000.00 and funds on hand for 10 percent of that amount.

The organization has requested $100,000.00 from each of the provincial and federal governments. According to staff at both levels, support for the property acquisition is unlikely whereas support towards future facility upgrades such as improved accessibility is more probable.

At its meeting with City representatives, the Factory Theatre representatives were requested to develop, in consultation with staff, a business plan which demonstrates the feasibility of purchasing 125 Bathurst Street and retaining longer term financial stability including the management of an accumulated deficit. The business plan, a copy of which is attached as Appendix 2, provides an overview of the company's financial, facility management and fundraising strategies to accomplish these goals. The plan proposes repayment of a $100,000.00 loan from the City primarily through cost savings realized by lower mortgage payments relative to rent, and funds raised through an ambitious three-year capital campaign commencing in May, 1999.

Rationale for Support:

The rationale for recommending support to the Factory Theatre for the acquisition of the property includes a variety of considerations. The company in its current facility clearly forms part of the City's facility-based, cultural infrastructure. Loss of the building as a theatre space would be a serious loss to the not-for-profit theatre community and audiences.

Retention of the current usage is also consistent with the City's articulated urban planning goals for the King/Spadina Area which encourage a diversity of usages.

As the producer and presenter of original, critically-acclaimed and award-winning theatre, the Factory Theatre is an important theatre company in Toronto and in Canada. The company has received consistently positive assessments through the cultural grants process in past years. Its current artistic and administrative team has demonstrated sound leadership and stability. With strong facility management and fundraising expertise evident in the board, the company is well positioned to assume ownership of the property.

As indicated in the preceding section, the company's financial plan for repayment of a loan from the City and retention of its longer term stability appears viable. Finance staff has reviewed the business plan and supporting documentation, and is supportive of the proposed approach.

Economic Impact:

In addition to the significant impact Factory Theatre makes on the broad social and cultural life of the City, the organization also contributes to the local economy. Recent statistics provided by Statistics Canada indicate that the combined direct and indirect impact of the culture sector in the City of Toronto on the Gross Domestic Product (GDP) is $5.3 billion. This accounts for over fifty percent of the provincial contribution to the GDP. Statistics Canada has also confirmed that the impact of the professional performing arts sector in Toronto on employment is 16,730 jobs. While economic impact data specific to Factory Theatre is not available, the company is an important player in the Toronto not-for-profit theatre community, in terms of the extent of its programming, audience size and critical acclaim. Neighbouring businesses have indicated a significant positive impact due to the Factory's performances. Ten letters of support from these businesses have been received to date to endorse the company's plans to purchase 125 Bathurst Street.

Options:

Three options exist with respect to providing financial support to the Factory Theatre as per its request. These are described below.

Option 1:Partial Loan and Grant

The option of provision of a one-time only grant of $100,000.00 and a loan of $100,000.00, repayable over three years, is in accordance with Factory Theatre's request. Relative to the other two options presented in this report, it provides the company with the most financial stability.

Financing the $100,000.00 grant is problematic given current financial constraints faced by the City of Toronto. The Chair of the Municipal Grants Review Committee, has expressed serious concerns that the required funding in this case is not available from the 1999 consolidated grants envelope due to that allocation being held at the 1998 level.

While a solid rationale for supporting this request clearly exists and is described in the preceding section, the rationale has been developed in response to this particular case and in the absence of a Council-endorsed capital grants policy. Cultural, grants or other policies developed in future months by staff will likely articulate assessment criteria which, pending Council approval, will provide a corporate framework within which to respond to requests such as this in a consistent, equitable and accountable manner.

Option 2:Full Loan

A second option is the provision of a loan of $200,000.00. The Factory Theatre staff has indicated that a $200,000.00 loan is feasible, assuming that it is interest-free and repayable over five years, beginning in the year 2000. These terms would enable the building purchase while not jeopardizing the financial health of the organization.

A benefit of this option is that pending no default by the Factory Theatre on its loan, there is no financial cost to the City other than the opportunity cost for not having invested the monies.

The City of Toronto, since amalgamation, has not established any practice with respect to the provision of interest-free or other loans.

Option 3:Line of Credit Guarantee

Provision of a guarantee of a line of credit or loan supplied by the Factory Theatre's financial institution in the amount of $200,000.00 is a third option. Assuming no defaults by the Factory necessitating the financial institution to draw on the City's security, this option represents the least cost and least financial risk.

Relative to the other two options, the line of credit guarantee option will result in the greatest cost to the company. Depending on the rate of interest to be charged by the financial institution, the group's annual interest expense of $16,000.00 to $20,000.00 may offset the cost savings projected in the business plan, resulting in a greater dependency on the proposed capital fundraising.

Since January, 1998, the City has secured lines of credit for two organizations to assist with working capital needs, both of which are currently in effect. City Council approved a $250,000.00 line of credit guarantee for Young People's Theatre with the Toronto Dominion Bank for the period from November 1, 1998 to October 31, 2001. It has also approved a $140,000.00 guarantee for Theatre Passe Muraille with the Canadian Imperial Bank of Commerce for the period from January 1, 1999, to December 31, 2001, extending a former Metropolitan Toronto guarantee originating in 1997. There have been no defaults to date.

Recommended Option:

Option 3 is recommended. Provision of a line of credit guarantee represents the least cost to the City and limits its financial exposure. Adoption of this option is consistent with the City's past practice of support to cultural organizations through provision of line of credit guarantees. Provision of the guarantee will enable the company to achieve its objective of purchasing 125 Bathurst Street.

In order to monitor the Factory Theatre's financial progress and reliance on the City-secured line of credit, staff will require bi-annual financial reports from the company.

The Factory Theatre line of credit guarantee will be considered a financial obligation of the City. As such, the Chief Financial Officer and Treasurer's approval will be sought on the terms and conditions of the agreement regarding the line of credit guarantee.

Conclusion:

The City of Toronto has been recognized as the second largest theatre centre in North America and third largest English-speaking theatre centre in the world. The City derives considerable benefit from the presence of its not-for-profit theatre companies including the Factory Theatre, both in terms of quality of life and economic impact.

Provision of a line of credit guarantee for a period of five years will enable the company to accomplish its goal of purchasing 125 Bathurst Street and securing its future in that facility. The Chief Financial Officer and Treasurer concurs with the financial aspects of this report and the Solicitor is satisfied with the legal requirements.

Contact Name:

Beth Hanna, Culture

392-5225

________

(Copies to Appendices 1 and 2, referred to in the foregoing report, were forwarded to all Members of Council with the agenda of the Economic Development Committee for its meeting on January 25, 1999, and copies thereof is on file in the office of the City Clerk.)

The Economic Development Committee reports, for the information of Council, also having had before it during consideration of the foregoing matter the following communication:

-(January 22, 1999) from Councillor David Miller, High Park-Parkdale, supporting the recommendations made by the Commissioner of Economic Development, Culture and Tourism and requesting that the Committee approve this proposal.

________

The following persons appeared before the Economic Development Committee in connection with the foregoing matter:

-Mr. Brian Arnott, Chair of the Board, Factory Theatre;

-Mr. Roger McTair, Factory Theatre; and

-Mr. David Baile, Managing Director, Factory Theatre.

3

Board Composition for Toronto Economic

Development Corporation (TEDCO)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Economic Development Committee recommends that:

(1)Council confirm the amendments to TEDCO's By-Law No. 1 and By-Law No. 3 (appended to the joint report (December 9, 1998) from the Chief Administrative Officer and the Commissioner of Economic Development, Culture and Tourism) as passed by the Board of Directors on April 14, 1998 to set the term of Council Members on the Board of Directors at 18 months as requested by the Council of the City of Toronto;

(2)the study of the role, mandate and composition of TEDCO's governance structure currently being undertaken through the Task Force on ABCs by the Chief Administrative Officer be referred to a sub-committee established by the Economic Development Committee to review the composition and mandate of TEDCO with support from the Mayor's Office and the Commissioner of Economic Development, Culture and Tourism, such membership to include the following members of the Economic Development Committee:

Councillor Ashton

Councillor Feldman

Councillor King

Councillor Silva

Councillor Giansante;

(3)in the interim, the seven incumbent board members continue to serve on the Board of Directors and the three vacancies be filled by Councillor Brian Ashton as Chair of the Economic Development Committee and by Frederick Eisen and James Villeneuve, two citizens nominated by the Mayor, whose appointment be for an interim period until the comprehensive review of TEDCO's mandate and role in the City's economic development strategy is completed;

(4)once these appointments have been made, the Board of Directors elect a Chair from among its voting members, and the President of TEDCO would be a Director ex officio; and

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

The Economic Development Committee submits the following joint report (December 9, 1998) from the Chief Administrative Officer and the Commissioner of Economic Development, Culture and Tourism:

Purpose:

This report responds to a request by the Economic Development Committee for a status report on the review of the governance structure of TEDCO and recommends a process for filling the 3vacancies on an interim basis.

Funding Sources, Financial Implications and Impact Statement:

There are no financial implications.

Recommendations:

It is recommended that:

(1)Council confirm the attached amendments to TEDCO's By-Law No. 1 and By-Law No. 3 as passed by the Board of Directors on April 14, 1998 to set the term of Council Members on the Board of Directors at 18 months as requested by the Council of the City of Toronto;

(2)the study of the role, mandate and composition of TEDCO's governance structure currently being undertaken through the Task Force on ABCs by the Chief Administrative Officer be coordinated with the study requested by the Economic Development Committee on TEDCO's future and potential future role in the City of Toronto's economic development strategy;

(3)in the interim, the seven incumbent board members continue to serve on the board and the three vacancies be filled by Councillor Brian Ashton as Chair of the Economic Development Committee and two citizens nominated by the Mayor;

(4)once these appointments have been made, the Board of Directors elect a Chair from among its voting members and the President of TEDCO would be a Director ex officio; and

(5)the appropriate officials be authorized to take the necessary steps to give effect thereto.

Council Reference/Background/History:

At its meeting of March 4, 5, and 6, 1998, Council approved a recommendation contained in Clause No.8 of Report No.3 of The Special Committee to Review the Final Report of the Toronto Transition Team that the Task Force on Agencies, Boards and Commissions undertake a study of the future role, mandate and composition of TEDCO and subsequently report to Council through the appropriate Standing Committee. The Economic Development Committee was subsequently established and would be the appropriate standing committee in this case.

The Workplan for the Task Force on ABCs includes this study among its top seven priorities.

The Economic Development Committee at its meeting on November 16, 1998 requested that the Commissioner of Economic Development, Culture and Tourism conduct "an analysis of TEDCO's future and potential future role in the City of Toronto's economic development and strategy" and requested that:

"the Chief Administrative Officer, in consultation with the Commissioner of Economic Development, Culture and Tourism report to the next meeting of the Economic Development Committee on the status of the review of TEDCO's Board of Directors and on the issue of the new Board's composition".

This report responds to the latter request.

Comments and/or Discussion and/or Justification:

TEDCO is a corporation under the Ontario Business Corporations Act and the City of Toronto is the sole shareholder. As the shareholder, the City appoints the Board of Directors and approves its by-laws. TEDCO's By-Laws permit flexibility in the size of the Board and do not specify the precise composition of that membership. However, the former City of Toronto's most recent policy set the size of the board at ten members including three Councillors, the President of TEDCO, and six citizens. The citizens were nominated through a variety of methods.

TEDCO's By-Law Amendments:

There are currently seven active members on the Board of Directors including two City Councillors who were appointed by Council in January 1998. Although Council's policy was to appoint Council members for a term of 18 months, TEDCO's by-laws required a three year term for all directors. Council requested that TEDCO's by-law be changed to permit Councillors to be appointed for 18months. At its meeting of April 14, 1998, the Board of Directors of TEDCO passed a revision to the by-laws to comply with this request. This by-law amendment must be confirmed by City Council. It is recommended that Council confirm the amendment as attached to this report.

Review of Governance Structure:

The review of TEDCO's mandate and governance structure is being undertaken by the CAO on behalf of the Task Force on ABCs. To date, basic information on the TEDCO's operation, budget, by-laws and structure has been gathered and is being reviewed. In addition, staff of the Chief Administrator's Office and the Economic Development Division have met three times to determine the current status and issues and have met with the President of TEDCO and the Corporate Secretary, Director of Special Projects to discuss the possible future composition of the Board of Directors.

The long term structure of the Board of Directors should be established with knowledge of its long term role and mandate, an assessment of its past performance and structures, its financial accountability to the City, and its role in and relationship to the City's economic development strategy. The Economic Development Committee has requested that the Commissioner of Economic Development, Culture and Tourism report on the latter as well as the environmental requirements for remediating the brownfield lands in the port area.

It is recommended that these studies be coordinated and that the long term structure of TEDCO's Board of Directors and its incubators be determined with full understanding of its role in the context of the City's economic development strategy.

Interim Board Appointments:

The more comprehensive study noted above will take some time to complete and the Board of Directors currently has three vacancies. It is recommended that the current members be continued until these studies are completed and a new structure established and interim appointments be made to fill the existing vacancies.

The composition under the former City of Toronto policy was three Members of Council including the Chair of the Economic Development Committee, the President of TEDCO, and six citizens. Citizens were nominated as follows:

2 citizens nominated by the Mayor;

2 business representatives nominated by the Nominating Committee;

1 citizen nominated by the Labour Council of Metropolitan Toronto and York Region; and

1 citizen nominated by the Toronto Building and Construction Trades Council.

TEDCO's current mandate is to facilitate business growth, job creation and economic development. The desired qualifications for Board members in the City's agency handbook states that a keen interest and knowledge of the real estate development industry and expertise in marketing, finance, legal or the environment would be preferred. The Mayor's citizen nominees are not currently on the Board of Directors. The Nominating Committee process could take several months and $23,000.00 to advertise and provide orientation. Since this would be an interim appointment and the former City of Toronto policy included two citizen nominees of the Mayor, it is recommended that the Mayor nominate two citizen members to serve on the Board of Directors on an interim basis. The longer term composition and nomination process will be reviewed within the context of the more comprehensive review of the mandate and structure of TEDCO.

Following the same logic of continuing the policy of the former City of Toronto on an interim basis, the Chair of the Economic Development Committee should be appointed to the Board of Directors to fill the vacant position historically filled by that position.

Once the vacancies have been filled on an interim basis, the full complement of board members should elect a new Chair from among its voting members. The President of TEDCO should be a member of the Board ex officio.

Conclusions:

This report provides an update on the status of the review of the governance structure for TEDCO and recommends a process for making interim appointments to fill existing vacancies until a more comprehensive review of TEDCO's mandate and role in the City's economic development strategy can be completed.

Contact Name:

Nancy Autton 397-0306 Chief Administrator's Office;

Christine Raissis 392-3385 Economic Development, Culture and Tourism

________

BY-LAW No. 5

A By-law amending certain provisions of Section Three of By-Law No. 1 and Section Two of By-Law No. 3 of City of Toronto Economic Development Corporation (the Corporation).

BE IT ENACTED AND IT IS HEREBY ENACTED as a By-Law of the Corporation as follows:

1.Section 3.04 of By-Law No. 1, amended by Section 2 of By-Law No. 3 of the Corporation is hereby repealed and the following is hereby substituted therefor:

"30.4 TERM. Directors, save and except members of Toronto City Council, shall be elected for a term of three years. City of Toronto Councillors elected directors shall be elected for a term of eighteen months. However, in the event that a director shall miss three consecutive regularly scheduled meetings of the Board, said director shall be deemed to have submitted his written resignation to the corporation on the day immediately following the third of such missed consecutive, regularly scheduled meetings of the board.."

2.This By-Law shall come into force without further formality upon its enactment.

PASSED AND ENACTED by the directors of the Corporation in accordance with the provisions of the Ontario Business Corporations Act, this 14th day of April, 1998.

............................................................................................

Acting ChairSecretary

The foregoing by-law is hereby confirmed by the sole shareholder of the corporation, pursuant to the Business Corporations act, effective the day of the , 1998, as evidenced by the corporate seal of sole shareholder under the hands of its duly authorised signing officers.

THE CORPORATION OF THE CITY OF TORONTO

Per.........................................................................

Name:

A Member of the Executive Committee

Per..........................................................................

Name:

Title:

The Economic Development Committee also submits the following report (January 21, 1999) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

This report seeks Council confirmation of the Mayor's two citizen nominations to the Board of Directors of the Toronto Economic Development Corporation.

Financial Implications:

The recommendations in this report do not have any financial implications for the City.

Recommendations:

It is recommended that:

(1)Council confirm the appointment of Frederick Eisen and James Villeneuve, as nominated by Mayor Lastman, to the Board of Directors of the Toronto Economic Development Corporation (TEDCO) for an interim period until a comprehensive review of TEDCO's mandate and role in the City's economic development strategy is completed; and

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

Background:

This report supplements the report, dated December 9, 1998, from the Chief Administrative Officer and Commissioner of Economic Development, Culture and Tourism in regard to the Board Composition for Toronto Economic Development Corporation (TEDCO). The December 9, 1998 report is included, as Item No. 6, on the agenda for this meeting (January 15, 1999 postponed to January 25, 1999) of the Economic Development Committee.

Discussion:

Among other things, the December 9, 1998 report (also before Committee today) recommends:

(3)in the interim, the seven incumbent Board members continue to serve on the Board and the three vacancies be filled by Councillor Brian Ashton as Chair of the Economic Development Committee and two citizens nominated by the Mayor.

Mayor Lastman has nominated Frederick Eisen and James Villeneuve as citizen members to the TEDCO Board. Mr. Eisen is Chairman and President of Eisen Corporation and has extensive experience in the hospitality and tourism industry, including being a Co-Founder and Director of Four Seasons Hotels Limited. Mr. Villeneuve is Director of Public Affairs for Labatt Breweries of Canada with extensive experience in marketing, promotion, advertising and policy.

Subject to confirmation by City Council, Mayor Lastman's nominees to the TEDCO Board will be appointed for an interim period until a comprehensive review of TEDCO's mandate and role in the City's economic development strategy can be completed.

Conclusions:

City Council's confirmation of the appointment of the Mayor's nominees, Frederick Eisen and James Villeneuve, as recommended in this report, and the appointment of the Chair of the Economic Development Committee, Councillor Brian Ashton, as recommended in the December 9, 1998 report, will fill the current three vacancies on the TEDCO Board of Directors.

Contact Name:

Randy McLean, Economic Development Division, 392-3397.

4

Future of the World City Committee

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Economic Development Committee recommends that:

(1)the mandate of the World City Committee be extended for a further three months;

(2)Councillor Giansante's resignation from this Committee be accepted;

(3)quorum be reduced to five members; and

(4)the World City Committee be requested to submit its Final Report for consideration by the Economic Development Committee within two months.

The Economic Development Committee submits the following communication (December 17, 1998) from the Chair, World City Committee:

The World City Committee at its meeting of December 16, 1998 considered its future role and reviewed the present mandate and terms of reference, as well as the quorum requirements for their meetings.

The World City Committee recommends that the Economic Development Committee recommend to City Council that the World City Committee continue for an additional six months, with its present mandate and terms of reference and the quorum for the World City Committee be set at a minimum of five (5) members.

Thank you for your consideration of this matter.

(A copy of an excerpt of Clause No. 2 of Report No. 2 of the Committee to Review the Final Report to the Toronto Transition Team, titled "Terms of Reference for Special Task Forces", as adopted by the Council of the City of Toronto at its meeting held on March 4, 5 and 6, 1998, appended to the foregoing communication, was forwarded to all Members of Council with the agenda of the Economic Development Committee for its meeting on January 25, 1999, and a copy thereof is on file in the office of the City Clerk.)

5

Extension of the Mobile Food Concession Contract -

The Toronto Harbour Commissioner's Waterfront Park

(Ward 25 - Don River)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Economic Development Committee recommends the adoption of the following report (January 4, 1999) from the Commissioner of Economic Development, Culture and Tourism.

Purpose:

To ensure unbroken delivery of concession services to this park pending a more comprehensive city-wide review of concession services.

Source of Funds:

None.

Financial Impact:

This concession agreement calls for an annual rental payment of $10,599.00 per year to the Corporation of the City of Toronto.

Recommendations:

(1)That the current agreement between the City and Mr. Andreas Dimitropoulos to operate two mobile food mobile units on a seasonal basis in the Toronto Harbour Commissioners' Waterfront Park be extended for additional two years to October 31^st, 2000; and

(2)that the extension be subject to the terms of the agreement as contained in Mr.Dimitropoulos' response to Quotation Request No. 94-9403-14063 and the terms as set out in this report in the form acceptable to the City Solicitor and the Commissioner of Corporate Services.

Background:

On May 21, 1994, the quotation to operate two mobile food units in the Toronto Harbour Commissioners' Waterfront Park was awarded to Mr. Andreas Dimitropoulos. Five (5) bids were received and the highest rental bid submitted by Mr. Dimitropoulos was accepted. Bids were carefully considered based on experience, financial health and references, number of proposed vending units and the designs, proposed menu, and prices. Mr. Dimitropoulos met the requirements and had the highest bid. The food concessionaire at this site has operated on a seasonal basis from approximately April 1^st to October 31^st for a five year term from 1984 to and including 1998.

The form of payment had been an annual rent of $10,599.00 payable semi-annually within the ten days following the end of January and July of each year in which the operation/agreement remained in effect.

Comments:

This contract is now expired and does not explicitly provide for an extension. Mr. Dimitropoulos is proposing to have the contract be extended for two years. The Department is supportive of this extension given that the contract is a relatively minor one and that the service should continue without disruption at this site. Further, the Department is initiating an extensive review of concessions under its jurisdiction across the new City. This review will examine both internally provided concessions and contracted concessions and is expected to take two years from generation of recommendations to full implementation.

Further, comprehensive, standardized by-laws relating to concessions and other goods and services agreements need to be established.

Given that Mr. Dimitropoulos has been at this site for quite sometime and has provided appropriate service, and given the time line for the full harmonization of concession revenues, staff believe that extension of this particular contract is appropriate.

Mr. Dimitropoulos' concession is unique in that it is the only instance of a stand-alone mobile vending site in the old City of Toronto. Other mobile vending rights have been granted as an adjunct to stationary concession sites, e.g. restaurants, snack bars.

Contact Name:

Mario Zanetti

Director of Parks and Recreation, South District

Tel. No. 392-7252.

6

Film Permit Issuance

(City Council on February 2, 3 and 4, 1999, deferred consideration of this Clause to the next regular meeting of City Council to be held on March 2, 3 and 4, 1999.)

The Economic Development Committee recommends the adoption of the report (September8, 1998) from the Commissioner of Economic Development, Culture and Tourism subject to substituting Appendix 1 titled "Guidelines for Filming in the City of Toronto" with the revised Appendix 1 attached to the further report (November 13, 1998) from the Commissioner.

The Economic Development Committee submits the following report (September 8, 1998) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

To provide consistency and exemplary customer service in film permit issuance to the film industry, there was need to review the current practices and regulatory framework utilized in the various municipalities. The goal of this review was to ensure that the policies and subsequent procedures governing film permit issuance are standardized across the City and the existing by-laws and accompanying guidelines are harmonized. This report provides an overview of the importance of the film industry to the economy of the City and recommends one unified By-law and comprehensive guidelines to regulate the use of public property for location filming.

Funding Implications:

No funds are required at this time.

Recommendations:

It is recommended that:

(1)the Economic Development Committee endorse the attached Guidelines for Filming in the City of Toronto and the City of Toronto Code of Conduct for Cast and Crew. (Appendices1 and 2);

(2)film location permitting for Toronto be coordinated by the Toronto Film and Television Office in Economic Development with decision making remaining decentralized;

(3)the Economic Development Committee endorse the attached by-law (Appendix 3) and recommend that the City Solicitor be authorized to introduce the necessary Bill in Council to give effect thereto; and

(4)the Commissioner of Economic Development, Culture and Tourism report back as necessary on future developments in the film and television sector including any operational requirements.

Background:

The film industry represents an economic boon to Toronto. It creates jobs, leaves hundreds of millions of dollars in the City, promotes tourism, raises the profile of Toronto and reinforces its place as a global centre for investment. Presently, Toronto ranks third in film and television production in North America and is the second largest exporter of television product, making film and television one of Toronto's fastest growing service industries. This in turn has direct spinoffs which support the entire arts and entertainment industry.

Even during the recent recession, the film and television industry was one of the few industries that continued to expand. Between 1991 and 1997, the average annual growth of production spending was 17 percent. (Table 1).

Insert Table/Map No. 1

Table 1 - Growth in Total Production Spending

As a result, the infrastructure for this industry has grown as well. Toronto is now a production centre capable of providing the industry with a plethora of required services and facilities ranging from pre-production to post-production. Subsequently, new jobs are being created for Toronto based companies in editing and computer graphics and imaging, using hardware and software developed here.

Toronto has enjoyed significant benefits from a film and television production industry that has flourished in the City in the past 19 years. The industry supports approximately 35,000 jobs in the City and generated $1.5 billion in direct and indirect economic spin-offs in 1996. While Canadian production has always been the heart of Toronto's base, the increase of foreign production, mostly from the United States, has contributed to the growth of the industry, and the corresponding expansion of the local talent base and infrastructure. Just under half of the $592,000,000.00 spent on production in the City in 1997 came from the United States to fund American location filming or American participation in co-production or co-ventures produced in Toronto with Canadian partners. (Table 2).

Insert Table/Map No. 1

Table 2 - Growth in U.S. Production Spending

Toronto has become particularly attractive to American film-makers because of the favourable exchange rate on the United States dollar which has given Toronto the cost-competitive edge over major American cities. The consistent infrastructure investment and the abundant employment opportunities during the past decade have enabled Toronto to establish a specialized labour force in both the creative and technical fields as well as state of the art production facilities. As a result, Toronto is now ranked by major Hollywood producers as the equal of its main competitors, New York City and Los Angeles. Nonetheless, demand for filming has increased and opportunities not only in Toronto, but also globally, are expanding. In order to capture more of the market and keep pace, Toronto needs to expand its infrastructure in order to compete with state of the art facilities being built in competitive market places.

Toronto will likely continue to be the leading centre for the expenditure of Canadian financing on Canadian content film and television production to satisfy demands for domestic film and television programming. The availability of facilities, skilled crew, studios and the favourable exchange rate ensure continued production in Toronto. This benefits communities in that the film and television industry have proved themselves to be good corporate citizens and community partners. The industry has a history of donating food, clothing and money to Toronto social service agencies and contributing toward community improvements such as park benches, trees and playground equipment. There is also the Thank You Toronto campaign funded by the film production community to acknowledge the vital role that businesses and residents play in support of the Toronto film and television industry.

To support this growing industry, the Toronto Film and Television Office was established in 1979 to coordinate location filming through permit issuance. The mandate of the office has subsequently expanded to provide economic development and support to the location production community and to promote Toronto as a production centre internationally. For every dollar spent by the Toronto Film and Television Office promoting Toronto, $2,156.00 are brought into our local economy.

The Toronto Film and Television Office has actively supported the development of initiatives which have become industry standards in North America. These include a computerized location filming permit system, a web site with the Ontario Film Development Corporation, marketing and business development programs and the latest initiative, an on-line permit system, the first of its kind in North America. The Office has had success promoting Toronto as a desirable location for filming in part by funding a marketing agent in Los Angeles and fostering relationships with film and television producers in North America, Europe and Asia. Though permitting for location filming takes place in all districts in the new City of Toronto (Table 3), only the former City has a dedicated film office.

Table 3

Number of Film Permits Issued in Toronto - 1997

Former Jurisdictions	Type of Permit	Number
East York	Roads	104
	Parks	10
Etobicoke	Roads	130
	Parks	n/a
North York	Roads	52
	Parks	2
Scarborough	Roads	260
	Parks	n/a
York	Roads	60
	Parks	2
Metropolitan Toronto	Roads	850
	Parks	385
	Property	35
Toronto	Roads/Parks/Property	3,200
Total:		5,080

In further recognition of the importance of Toronto's film industry, City Council established the Film Liaison Industry Committee (FLIC) in 1992. When established it was mandated to: promote a positive atmosphere for location filming in Toronto; assist in improving the public image of Toronto's film industry; encourage cooperation and support for the activities of the film industry; ensure a minimum of "red tape" in the City Hall process; and to facilitate communication between Council and members of the film industry. Since its creation, FLIC has worked closely with numerous municipal bodies to establish policies regarding filming and related requirements that are mutually beneficial. Members of FLIC unanimously endorse the continuation of this committee and have provided valuable input for the purposes of this report.

Comments:

The amalgamated City of Toronto provides a unique opportunity to work collaboratively as never before to serve the film and television business. Currently there are separate application processes in each municipality and numerous different by-laws and guidelines governing location filming on City streets, parks and properties including heritage properties. Permitting is co-ordinated in the former Toronto, through the Toronto Film and Television Office but to a lesser extent in the other municipalities where there are often separate applications required to gain permits from different sections within the municipality. Earlier this year, the Toronto Film and Television Office and the Film Liaison Industry Committee identified an opportunity and a need to harmonize the by-laws and guidelines governing filming throughout the City and provide better customer service. This is the first step in a process which will be followed by a more detailed operational review and evaluation and form the basis of a subsequent report as required. The next phase will also include discussions with Toronto's Agencies, Boards and Commissions at which point, the Guidelines regarding filming and film permitting, may be modified.

For this report and as the first phase of a larger review, a collaborative process was established to review current practices. Individuals in all city departments involved in the film permit process from all former municipalities were identified and attended a meeting at the outset of this review. The key outcomes of that meeting were universal agreement that:

-all present were interested in providing the best possible customer service;

-the City should adopt a "one stop shop" approach to permitting with centralized processing and coordination ( the request for and issuance of permits be handled by one office) and decentralized decision making (review of requests and approvals done by the appropriate divisions across the City);

-the appropriate office to provide the permitting and coordination was the Toronto Film and Television Office in Economic Development, the only existing film office;

-new policies and practices should reflect the good practices existent within all the municipalities and the film industry; and

-the City should adopt an incidental cost replacement versus profit centre approach to filming and film permitting.

Subsequent meetings with different focus groups involved in film permitting resulted in a summary of the existing policies and procedures in each municipality, along with the history, as background. A set of principles and implications which would inform decisions relating to a new by-law and comprehensive set of guidelines for all location filming under the jurisdiction of the City was created. In consultation with the Legal Department, the attached harmonized by-law and guidelines were developed following a consensus building exercise among staff from all departments who concur with this report and its recommendations. In addition, the attached City of Toronto Code of Conduct for Cast and Crew, developed by the Film Industry Liaison Committee and the film industry, made its debut appearance before these focus groups.

Highlights of the recommended guidelines and internal policies representing the good practices throughout the City include:

-Notifying both Ward Councillors each time filming occurs in their ward.

-Notifying affected residents, occupants and businesses of all filming activities in their area.

-Ensuring that all users of public spaces get fair treatment.

-Ensuring safe, responsible and sustainable filming practices.

-Having staff of the TFTO scan all scripts.

-Keeping track of sensitive, special needs areas and ensuring that their use is monitored and tracked to inform decision making with regard to permitting.

-Recovering out of pocket expenses resulting from filming rather than collecting permit fees.

Conclusion:

The film and television production industry is unusual in the importance that it attaches to relationships. Given the large number of productions in which the Toronto Film and Television Office has been involved, the office's network of contacts is immense and an invaluable resource for both the Toronto production community and the amalgamated City. The evolution of the TFTO and the recommended harmonized by-law and comprehensive guidelines, together with the City of Toronto Code of Conduct for Cast and Crew and the Film Liaison Industry Committee will better position Toronto as a desirable location for film production and provide the industry with the best possible service. In turn this will continue to bring tax dollars and jobs to the City.

Contact Names:

Rise Kogon Rhonda Silverstone

Economic Development Toronto Film and Television Office

Toronto City Hall Office (392-7696)Toronto City Hall (392-1333)

________

Appendix 1

Guidelines for Filming in the City of Toronto

(1)Applicability: The following guidelines apply to all location filming which takes place in the City of Toronto, except for current affairs and newscasts.

(2)Permit Issuance: Permits for location filming will be co-ordinated through and issued by the Toronto Film and Television Office (TFTO).

(3)Timelines for Submission of Application: The TFTO will be advised of all location filming requiring a permit, not less than 2 business days in advance of filming or in City Parks, as agreed to between the Parks Division and the TFTO. This does not apply to previously permitted locations where rescheduling is necessary. However, if an alternate shoot date is required and it is not on the permit or is a date other than what is on the permit, a subsequent letter of notification as described in Guideline 4 is required, but the application period is waived. Filming that includes but is not limited to road closures, multi-lane closures and special effects requires at least 4 days notice.

(4)Community Notification: The film company must notify affected residents, occupants and businesses, in advance of filming and as instructed by the TFTO, of the duration and location of filming, including information about planned special effects, road and lane closures, sidewalk usage and the time that cones will be placed on the street to restrict parking. A Handbook outlining notification procedures is available from the TFTO.

(5)Restrictions on Hrs./Days for Filming: Permits authorizing filming in residential areas between 11:00 p.m. and 7:00 a.m. will not be approved unless all affected residents have been notified in advance. Depending on the potential impact on the area, a majority of affected residents will have to give either their written or verbal consent for filming to occur in these circumstances.

(6)Limitations: Location filming in residential areas will be limited to 3 occasions/year for each residential block unless approval of a majority of affected residents is given for additional occurrences and all notification procedures are followed to the satisfaction of the TFTO. The amount of filming in other areas may also be limited as determined by the TFTO.

(7)Consideration to Residents/Occupants/Businesses: These groups should be free from any negative environmental conditions resulting from filming including but not limited to, spill over lighting, exhaust fumes or noise that may affect their ability to enjoy their property or conduct their business unless they have been contacted and do not express any objection. Specifically:

(i)Lighting: Lighting for filming should be oriented away from neighbouring residences unless residents have been contacted and do not express any objection and should not interfere with the safe movement of traffic.

(ii)Noise: The production company must comply with legislation governing noise, unless the affected residents/occupants/businesses have been advised of the nature of the noise and do not object.

(iii)Generators: All generators used on streets in residential areas or in City Parks will be "blimped" generators unless otherwise approved.

(8)Disruption to Residents/Occupants/Businesses: It is the production company's responsibility to ensure that there is a minimum of disruption to residents, occupants, businesses and City employees where filming occurs. This includes ensuring residents, owners and customers access to the respective premises and ensuring pedestrian and vehicular access to adjoining properties. The production company is under no obligation to provide compensation for disruption unless agreed to in advance and/or receipts accompanying any claims of compensation are presented to the film company. Disruption of parking as a result of a film permit is not compensable.

Every effort should be made to ensure that people displaying legitimate credentials such as disabled parking permits are accommodated in recognition of their personal safety.

(9)Identification of Production Vehicles: All vehicles carrying equipment involved in the production will be issued a Location Filming Vehicle Permission Card which must be displayed on their dashboards and it is the responsibility of the production company to determine in advance, the number of production vehicles requiring such a permit.

(10)Traffic:

(i)No interference to pedestrian or vehicular traffic is to occur without being noted on the permit. Every opportunity is to be taken to ensure that access, either vehicular or pedestrian, is not restricted to persons with disabilities.

(ii)Production vehicles must comply with appropriate traffic regulations unless stated otherwise on the permit.

(iii)All moving vehicles must comply with regulations governing traffic in City Parks/Properties unless otherwise noted on the permit.

(iv)Except where a road is closed for filming, where a moving vehicle is involved, the applicant shall adhere to the posted speed limits and to lawful conditions unless directed otherwise by a Pay Duty Officer.

(11)Parking and/or Standing:

(i)Production vehicles must not block fire hydrants or be parked in fire routes or within 9 metres of an intersecting street or impede any emergency response vehicles and must also adhere to any other requirements specified on the permit.

(ii)In City Parks, production vehicles and equipment must not block driveways or other access/egress ramps. In all other circumstances, vehicles cannot block driveways or other access ramps without the approval of the owner.

(iii)No production equipment/vehicles are to be within 30 metres of a subway entrance, a bus or streetcar stop, a pedestrian cross-over or a signalized intersection unless otherwise noted on the permit.

(iv)It is up to the film company to make alternate parking arrangements for residents whose vehicles are displaced by the filming activity. Relocating vehicles by towing to accommodate filming or parking will not be permitted.

(v)Production vehicles must not block parking lot access/egress ramps and accessible parking for persons with disabilities.

(12)Traffic Stoppages: Intermittent traffic stoppages to a maximum of 3 minutes, unless stated otherwise, shall be under the supervision of a Pay Duty Police Officer. It is the production company's responsibility to arrange for the Transportation Division to cover, alter, remove and/or reinstall traffic or street signs as may be necessary.

(13)Filming Activities and Relationship to Police/Fire:

(i)Appropriate Pay Duty Police Officers are required for the detonation of pyrotechnic special effects. A blast analysis may be required and additional time is needed to arrange for this activity.

(ii)The Toronto Fire Department must be advised when the use of flammable liquids/materials is being planned.

(iii)Pay Duty Police Officers are required as determined by the TFTO for such things as permit compliance, intermittent traffic stoppages and traffic control and/or when required to direct pedestrian or vehicular traffic including those instances involving City Parks/Properties. A copy of the permit is to be supplied to the Pay Duty Officer on duty. All costs associated with these requirements are the expense of the applicant.

(14)Clean-up: Production crews will clean the location at the end of the day with a minimum amount of noise and disruption and ensure that the area is returned to its original condition, unless otherwise approved by the TFTO or other arrangements are made with an operating Division of the City and noted on the permit, in which case the production company will be billed accordingly. Materials and debris are not to be washed into catch basins.

(15)Conduct: It is the responsibility of the production company to ensure that their staff operate in a safe and professional manner in the course of their duties and adhere to the City of Toronto Code of Conduct for Cast and Crew.

(16)Insurance: All companies filming in the City of Toronto, must present to the Commissioner of Finance, prior to permit issuance, a certificate of comprehensive general liability insurance in the amount of $2 Million per occurrence or such higher limits as the City of Toronto reasonably requires depending on the nature of filming and all such policies shall add the City of Toronto as an additional insured and shall contain a cross liability clause, a severability of interests clause and shall not call into contribution any other insurance available to the City of Toronto.

(17)Expenses: The production company is responsible for all out-of-pocket expenses related to the use of City roads, properties, parks or equipment and shall be given an estimate of these costs prior to permitting. Once filming begins or is about to begin, if there are any changes to these arrangements, the production company is to be notified immediately. Whenever expenses are anticipated, the production company will be required to issue a purchase order number to the City to cover these costs and may also be asked to pay in advance.

(18)Security Deposit: Where deemed necessary by the appropriate City Department/Agency, a certified security deposit shall be required prior to the issuance of a film permit as stipulated on the permit and this deposit shall not be returned until all invoices and charges have been cleared.

(19)Safety:

(i)Interior safety signs in buildings must not be covered, (eg., fire exit signs) unless expressly agreed to by the property manager.

(ii)All production companies must adhere to the Ontario Ministry of Labour's Safety Guidelines for the Film & Television Industry in Ontario, 3^rd Edition, March 1997.

(iii)The Ontario Ministry of Transportation's Manual of Uniform Traffic Control Devices for Temporary Work Sites. This information is available from the respective Ministries and the TFTO.

(20)Restrictions:

(i)There may be sensitive areas and/or properties in the City of Toronto in which filming may be restricted. Specifically, no filming will take place in front of 360University Avenue (United States Consulate).

(ii)Filming on controlled access highways such as the Don Valley Parkway and Fred G. Gardiner Expressway requires special consideration.

(iii)Decisions about the nature and extent of filming in or around a heritage property will be negotiated on a case by case basis with the appropriate officials.

(iv)The TFTO reserves the right to refuse to issue a permit to a production company or individual who has failed in the past, to adhere to these guidelines or any filming guidelines of the former municipalities now forming the City of Toronto.

________

Appendix 2

City of Toronto

Code of Conduct for Cast and Crew

Film and television productions are all guests in residential and commercial areas and shall treat all locations, as well as the members of the public, with courtesy. It is the responsibility of each production company to ensure that cast and crew comply with this Code of Conduct. Please observe the following and act accordingly.

To the Public: If you find this production company is not adhering to this Code of Conduct, please call the Toronto Film & Television Office at (416) 392-7570, Monday to Friday between 8:30 a.m. and 6:00 p.m. or :

of at . Production Manager Title of Production Telephone No.

(1)When filming in a neighbourhood or business district, proper notification (at least two working days notice) is to be provided to each merchant or resident directly affected by filming activity (this includes parking, base camps and meal areas). The filming notice shall include:

-name of production company, title of production

-kind of production (e. g. feature film, movie of the week, tv pilot, etc.)

-type and duration, and description of activity (i.e. times, dates and number of days, including prep and strike

-company contact , . Location Manager Location Assistant

The Code of Conduct shall be attached to every filming notification which is distributed in the neighbourhood or business district.

(2)Production vehicles arriving on location in or near a residential neighbourhood shall not enter the area before the time stipulated on the permit. Production vehicles shall park one by one, turning off engines as soon as possible. Cast and crew vehicles are not covered by the location filming permit and shall observe designated parking areas noted by location managers. This shall appear on the call sheet map. Filming takes place between 7:00 a.m. and 11:00 p.m. unless residents are surveyed and have given approval.

(3)Moving or towing of any vehicle is prohibited without the express permission of the owner of the vehicle.

(4)Production vehicles shall not block, or park in, driveways without the express permission of the driveway owner.

(5)Pedestrian traffic not to be obstructed at any time. All cables and similar items to be channelled.

(6)Do not trespass on residents' or merchants' property. Remain within the boundaries of the property that has been permitted for filming.

(7)No alcoholic beverages permitted at any time on any set or location.

(8)Cast and crew meals shall be confined to the area designated in the location agreement or permit. Individuals shall eat within their designated meal area, during scheduled crew meals. All trash must be disposed of properly upon completion of the meal. All napkins, plates, and coffee cups used in the course of the work day shall be disposed of in the proper receptacles. All catering, crafts service, construction, strike and personal trash must be removed from the location, ensuring that all locations are returned to their original condition.

(9)Observe designated smoking areas and always extinguish cigarettes in appropriate containers.

(10)Removing, trimming and/or cutting of vegetation or trees is prohibited unless approved by the permit authority (Forestry Division of Parks through the Toronto Film and Television Office) or property owner.

(11)Film crew shall not remove City street signs. This must be done by City staff (City Works Services). Call Emergency Dispatch at 392-7737.

(12)Every member of the cast and crew shall keep noise levels as low as possible at all times. Cast and crew will refrain from the use of lewd or improper language

(13)Film company employees shall wear appropriate clothing while on location (i.e., t-shirts with offensive slogans or logos are not acceptable)

(14)Crew members shall not display signs, posters, or pictures on vehicles that members of the public may find offensive or objectionable (i.e., material containing vulgar language or sexual content).

(15)Every member of the crew shall wear a production pass (badge) when required by the location.

(16)The cast and crew shall not bring guests or pets to the location, unless expressly authorized in advance by the company.

(17)The company will comply at all times with the provisions of the filming permit which include adherence to the City of Toronto By-law regarding location filming and the Guidelines for Filming in the City of Toronto. A copy of the filming permit shall be on location at all times with the location department.

The production company appreciates your cooperation and assistance in upholding the Code of Conduct. Failure to comply with this Code of Conduct can result in disciplinary action by the production company or your union, guild or association.

________

Appendix 3

THE CITY OF TORONTO

By-law No. ____

TO REGULATE THE USE OF CITY PROPERTY FOR LOCATION FILMING

WHEREAS the Council of the City of Toronto deems it necessary to require permits for location filming in the City of Toronto and to regulate the use of highways, properties and parks under its jurisdiction for purposes of location filming.

NOW, THEREFORE, the Council of the City of Toronto hereby enacts as follows:

(1)In this By-law:

(a) "Commissioner" means the Commissioner of Economic Development, Tourism and Culture or his or her designate unless otherwise stated.

(b)"Filming" means the activities required for the preparation or production of film for cinematographic purposes outside a studio or film laboratory and includes the production of commercials and videos, but does not include current affairs, news casts, street interviews or home movies.

(c)"Guidelines" mean the Guidelines for Filming in the City of Toronto.

(d)"Highway" means any public highway, road or street under the jurisdiction of the City and shall include any bridge, sidewalk, boulevard, median, lane, alley, square or thoroughfare.

(e)"Park" means land and land covered by water and all portions thereof owned by or made available by lease, agreement, or otherwise to the city that is or hereafter may be established, dedicated, set apart or made available for use as public open space or golf course, and that has been or hereafter may be placed under the jurisdiction of the Commissioner including any and all buildings, structures, facilities, erections, and improvements located in or on such land, save and except where such land is governed by other by-laws of the City.

(f)"Permit" means any permit issued in accordance with the provisions of this By-law.

(g)"Property" means any real property owned, leased or under the control or jurisdiction of the City.

(2)No person shall occupy any portion of a highway, property or park under the jurisdiction of the City of Toronto for filming purposes except in accordance with a valid permit issued pursuant to this by-law.

(3)Any person desiring to occupy a portion of a highway, property or park for filming purposes shall apply for a permit to the Commissioner in accordance with the "Guidelines for Filming in the City of Toronto" (hereinafter called the "Guidelines").

(4)(1)The Commissioner through the Toronto Film and Television Office shall issue the permit for the period specified in the permit subject to the applicant for the permit entering into an agreement:

(a)To comply with this By-law, the Guidelines, the City of Toronto Code of Conduct for Cast and Crew, and any other By-laws of the City.

(b)To indemnify and save harmless the City of Toronto from any action, claim, damage or loss whatsoever and pay legal fees reasonably incurred by the City arising from the issuance of the permit or the use of the highway, property or park.

(c)To provide a certificate of insurance in accordance with the Guidelines and in a form satisfactory to the City Treasurer.

(d)To provide a security deposit, where deemed necessary, in an amount satisfactory to the Commissioner to ensure that the highway, property or park is restored to the condition it was in prior to its occupation or use.

(2)If an applicant fails to comply with the provisions of this By-law, the Guidelines, the Code of Conduct for Cast and Crew, any agreement entered into pursuant to this By-law or any permit issued pursuant to this By-law, the Commissioner may revoke or suspend the permit forthwith without notice.

(5)Where the Commissioner revokes, suspends or refuses to approve the issuance of a permit, the applicant may request that the matter be referred to the applicable Community Council for its determination.

(6)Despite any other By-law of the City, where a permit has been issued under Section 4 or 5, the holder of it may use the highway, property or park or part of it named in the permit for the purposes and during the period specified in the permit, upon the terms and conditions set out in the permit and as contained in the agreement made under Section 4 or 5.

(7)The Commissioner of Works and Emergency Services or his or her designate may authorize the temporary closure of a highway, or portion of it during the period specified in the permit issued under Section 4 or 5 and where a highway or portion of it has been temporarily closed under this subsection or pursuant to any other by-law of the City, no person shall use the highway or portion of it during the period of closure except for pedestrian traffic or under the authority of the permit.

(8)Any person who contravenes any provision of the By-law is guilty of an offence and on conviction is liable to a fine in such amount provided for by the Provincial Offences Act, R.S.O. 1990. c. P.33 as may be amended from time to time.

The Economic Development Committee also submits it the report (November 13, 1998) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

Please find attached revised filming guidelines. These guidelines were revised after the last Economic Development Committee meeting of October 19, 1998 after further consultation with the industry. Please replace the original set of guidelines with this set.

Contact Name:

Ms. Brenda Librecz

Managing Director, Economic Development

Tel.: 397-4700

________

Appendix 1

Guidelines For Filming In The City Of Toronto

1.Applicability: The following guidelines apply to all location filming which takes place in the City of Toronto, except for current affairs and newscasts.

2.Permit Issuance: Permits for location filming will be co-ordinated through and issued by the Toronto Film and Television Office (TFTO).

3.Timelines for Submission of Application: The TFTO will be advised of all location filming requiring a permit, not less than 2 business days in advance of filming or in City Parks, as agreed to between the Parks Division and the TFTO. This does not apply to previously permitted locations where rescheduling is necessary. However, if an alternate shoot date is required and it is not on the permit or is a date other than what is on the permit, a subsequent letter of notification as described in Guideline 4 is required, but the application period is waived. Filming that includes but is not limited to road closures, multi-lane closures and special effects requires at least 4 days notice.

4.Community Notification: The film company must notify affected residents, occupants and businesses, in advance of filming and as instructed by the TFTO, of the duration and location of filming, including information about planned special effects, road and lane closures, sidewalk usage and the time that cones will be placed on the street to restrict parking. A Handbook outlining notification procedures is available from the TFTO.

5.Restrictions on Hrs./Days for Filming: Permits authorizing filming in residential areas between 11:00 p.m. and 7:00 a.m. will not be approved unless all affected residents have been notified in advance. Depending on the potential impact on the area, a majority of affected residents (as determined by the TFTO) will have to give either their written or verbal consent for filming to occur in these circumstances.

6.Limitations: Location filming in residential areas will be limited to 3 occasions/year for each residential block unless approval of a majority of affected residents (as determined by the TFTO) is given for additional occurrences and all notification procedures are followed to the satisfaction of the TFTO. The amount of filming in other areas may also be limited as determined by the TFTO.

7.Consideration to Residents/Occupants/Businesses: These persons should be free from any negative environmental conditions resulting from filming including but not limited to, spill-over lighting, exhaust fumes or noise that may affect their ability to enjoy their property or conduct their business unless they have been contacted and do not express any objection. Specifically:

(i)Lighting: Lighting for filming should be oriented away from neighbouring residences unless residents have been contacted and do not express any objection and should not interfere with the safe movement of traffic.

(ii)Noise: The production company must comply with legislation governing noise. If the affected residents/occupants/businesses have been advised in advance of the nature of the noise and do not object, the likelihood of a complaint will be reduced.

(iii)Generators: All generators used on streets in residential areas or in City Parks will be "blimped" generators unless otherwise approved.

8.Disruption to Residents/Occupants/Businesses: It is the production company's responsibility to ensure that there is a minimum of disruption to residents, occupants, businesses and City employees where filming occurs. This includes ensuring residents, owners and customers access to their respective premises and ensuring pedestrian and vehicular access to adjoining properties. The production company is under no obligation to provide compensation for disruption unless it voluntarily agrees to do so with residents/occupants/businesses or otherwise has legal obligation to do so. Disruption of parking as a result of a film permit is not compensable unless otherwise agreed with the applicable persons. Every effort should be made to ensure that people displaying legitimate credentials such as disabled parking permits are accommodated in recognition of their personal safety.

9.Identification of Production Vehicles: All vehicles carrying equipment involved in the production will be issued a Location Filming Vehicle Permission Card which must be displayed on their dashboards and it is the responsibility of the production company to determine in advance, the number of production vehicles requiring such a permit.

10.Traffic:

(i)No interference with pedestrian or vehicular traffic is to occur without being noted on the permit. Every opportunity is to be taken to ensure that access, either vehicular or pedestrian, is not restricted to persons with disabilities.

(ii)Production vehicles must comply with appropriate traffic regulations unless stated otherwise on the permit.

(iii)All moving vehicles must comply with regulations governing traffic in City Parks/Properties unless otherwise noted on the permit.

(iv)Except where a road is closed for filming, where a moving vehicle is involved, the applicant shall adhere to the posted speed limits and to lawful conditions unless directed otherwise by a Pay Duty Officer.

11.Parking and/or Standing:

(i)Production vehicles must not block fire hydrants or be parked in fire routes or within 9 metres of an intersecting street or impede any emergency response vehicles and must also adhere to any other requirements specified on the permit.

(ii)In City Parks, production vehicles and equipment must not block driveways or other access/egress ramps. In all other circumstances, vehicles cannot block driveways or other access ramps without the approval of the owner.

(iii)No production equipment/vehicles are to be within 30 metres of a subway entrance, a bus or streetcar stop, a pedestrian cross-over or a signalized intersection unless otherwise noted on the permit.

(iv)It is up to the film company to make alternate parking arrangements for residents in possession of a valid street parking permit for that area whose vehicles are displaced by the filming activity. Relocating vehicles by towing to accommodate filming or parking will not be permitted.

(v)Production vehicles must not block parking lot access/egress ramps and accessible parking for persons with disabilities.

12.Traffic Stoppages: Intermittent traffic stoppages to a maximum of 3 minutes, unless stated otherwise, shall be under the supervision of a Pay Duty Police Officer. It is the production company's responsibility to arrange for the Transportation Division to cover, alter, remove and/or reinstall traffic or street signs as may be necessary.

13.Filming Activities and Relationship to Police/Fire:

(i) Appropriate Pay Duty Police Officers are required for the detonation of pyrotechnic special effects. A blast analysis may be required and additional time is needed to arrange for this activity.

(ii)The Toronto Fire Department must be advised in advance in writing when the use of flammable liquids/materials is being planned.

(iii)Pay Duty Police Officers are required as determined by the TFTO for such things as permit compliance, intermittent traffic stoppages and traffic control and/or when required to direct pedestrian or vehicular traffic including those instances involving City Parks/Properties. A copy of the permit is to be supplied to the Pay Duty Officer on duty. All costs associated with these requirements are the expense of the applicant.

14.Clean-up: Production crews must clean the location at the end of the day with a minimum amount of noise and disruption and ensure that the area is returned to its original condition, unless otherwise approved by the TFTO or other arrangements are made with an operating Division of the City and noted on the permit, in which case the production company will be billed accordingly. Materials and debris are not to be washed into catch basins.

15.Conduct: It is the responsibility of the production company to ensure that their staff operate in a safe and professional manner in the course of their duties and adhere to the City of Toronto Code of Conduct for Cast and Crew.

16.Insurance: All companies filming in the City of Toronto, must present to the Commissioner of Finance, prior to permit issuance, a certificate of comprehensive general liability insurance in the amount of $2 Million per occurrence or such higher limits as the City of Toronto reasonably requires depending on the nature of filming and all such policies shall add the City of Toronto as an additional insured and shall contain a cross liability clause, a severability of interests clause and shall not call into contribution any other insurance available to the City of Toronto. In addition, such policies, may not be cancelled or amended without the prior written consent of the City of Toronto via the TFTO.

17.Expenses: The production company is responsible for all out-of-pocket expenses related to the use of City roads, properties, parks or equipment and shall be given an estimate of these costs prior to permitting. Once filming begins or is about to begin, if there are any changes to these arrangements, the production company is to be notified immediately. Whenever expenses are anticipated, the production company will be required to issue a purchase order number to the City to cover these costs and may also be asked to pay in advance.

18.Security Deposit: Where deemed necessary by the appropriate City Department/Agency, a certified security deposit shall be required prior to the issuance of a film permit as stipulated on the permit and this deposit shall not be returned until all invoices, charges and claims have been cleared.

19.Safety:

(i)Interior safety signs in buildings must not be covered, (eg., fire exit signs) unless expressly agreed to by the property manager.

(ii)All production companies must adhere to the Ontario Ministry of Labour's Safety Guidelines for the Film and Television Industry in Ontario, 3^rd Edition, March 1997, and

(iii)the Ontario Ministry of Transportation's Manual of Uniform Traffic Control Devices for Temporary Work Sites. This information is available from the respective Ministries and the TFTO.

20.Restrictions:

(i)There may be sensitive areas and/or properties in the City of Toronto in which filming may be restricted. Specifically, no filming of 360 University Avenue (United States Consulate).

(ii)Filming on controlled access highways such as the Don Valley Parkway and Fred G. Gardiner Expressway requires special consideration.

(iii)Decisions about the nature and extent of filming in or around a heritage property will be negotiated on a case-by-case basis with the appropriate officials.

(iv)The TFTO reserves the right to refuse to issue a permit to a production company or individual who has failed in the past, to adhere to these guidelines or any filming guidelines of the former municipalities now forming the City of Toronto.

The Economic Development Committee also submits the following report (January 5, 1999) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

To clarify the reporting on the operation of the Film and TV Office with respect to harmonized bylaws for film permit issuance, operational review and the potential to introduce user fees for film permits. The operational review and the user fee reports will be forwarded to Economic Development Committee in February. The film permit bylaws, including the Guidelines and Code of Conduct, are currently before the Committee at the January meeting.

Recommendation:

It is recommended that the recommendations of report ECO-98-41 Film Permit Issuance Review of Practices, Procedures, Policies and Bylaws be approved.

Background:

At the September 19, 1998 meeting of the Economic Development Committee, a report requesting the establishment of a one-stop-shop for film permitting in the new City of Toronto was presented along with a harmonized bylaw for filming in public locations. The report was a collaborative effort by interdepartmental teams, Film Liaison Industry Committee (FLIC), and the film industry.

The report was deferred for consultation with local Councillors and residents. Due to time constraints at the last Economic Development Committee, the report has been referred to the January meeting. The Committee also directed that the Commissioner of Economic Development, Culture and Tourism report on the following suggested motions of Councillor Flint for consideration at the Committee's next meeting on January 15, 1999:

"1.That the report (September 8, 1998) from the Commissioner of Economic Development, Culture and Tourism as amended by his further report (November 13, 1998) be amended by adding to Recommendation (1) a directive that affected Ward Councillor(s) be notified of each film location application prior to any permit being issued;

2.That the Commissioner of Economic Development, Culture and Tourism be requested to report back to the Committee on the issue of location film permit fees and that such report be guided by the principle that administration/promotion of location filming in Toronto shall be self-sustaining; and

3.That the Commissioner of Economic Development, Culture and Tourism explore the possibility of any excess film permit revenues being directed towards the subsidization of recreational user fees in high-need areas."

Comments:

The purpose of this report is to clarify the reporting on the operation of the Film and TV Office with respect to harmonized bylaws for film permit issuance, operational review and the potential to introduce user fees for film permits. The operational review and the user fee reports will be forwarded to Economic Development Committee in February. The film permit bylaws are currently before the Committee at the January meeting. Motions (2) and (3) from Councillor Flint will be addressed in the user fee report in February.

The operational and user fee review will not directly impact the approval of the bylaws and in fact holds up the introduction of a new initiative completed by the Film industry and FLIC, entitled the City of Toronto Code of Conduct for Cast and Crew. This new initiative will have positive impacts on building better relations with the film industry and the peoples living and working in the areas where film shooting is occurring.

A review of motion (1) from Councillor Flint "that the report (September 8, 1998) from the Commissioner of Economic Development, Culture and Tourism as amended by his further report (November 13, 1998) be amended by adding to Recommendation (1) a directive that affected Ward Councillor(s) be notified of each film location application prior to any permit being issued" was considered and with over 7,000 permits issued per year, notification prior to permit issuance would adversely affect customer service and would incur increased operating costs.

However, the guidelines do indicate that all Councillors will be notified in advance of filming. They will be provided information on the duration and location of filming including planned special effects, road and lane closures, and sidewalk usage.

The Toronto Film and TV Office believes that with the new bylaws in place and the establishment of a consistent approach to monitoring locations for film permitting through one office, there will be a greater opportunity for improved service and better relationships with community members.

The Economic Development Division will report back after one year of the implementation of the guidelines to ensure the results are as intended.

Contacts:

Rhonda Silverstone

Manager, Toronto Film and TV Office

Tel.: 392-1333

Brenda Librecz

Managing Director, Economic Development

Tel.: 397-4700

________

The Economic Development Committee also had before it the following communications, which were forwarded to all Members of Council with the agenda of the Economic Development Committee for its meeting on January 25, 1999, and copies thereof are on file in the office of the City Clerk:

-(Undated) from Yolanda Adamovsky, opposing the film policy;

-(October 16, 1998) from S. R. Battista, opposing the film policy;

-(January 21, 1999) from Michael O'Bee, Scarborough, opposing the film policy; and

-(Undated) from Councillor Pam McConnell - Don River, supportive of the film industry and expressing some concerns.

7

Feasibility of Establishing a Telecommunications Authority and

Related Matters Respecting Rights-Of-Way Access and Use

(City Council on February 2, 3 and 4, 1999, amended this Clause by:

(1)deleting from the recommendation of the Economic Development Committee, the number "three" and inserting in lieu thereof the number "five", so that such recommendation shall now read as follows:

"The Economic Development Committee recommends the adoption of the report (January11, 1999) from the Chief Administrative Officer subject to amending Recommendation (3) to read:

'(3)the CAO be authorized, as previously recommended, to establish the inter-departmental Working Group given the Corporate-wide and strategic purpose of its tasks and that a Steering Committee to the Working Group consisting of five City Councillors be established and that the Striking Committee be requested to recommend Council representation having regard to the fact that Councillors Silva, Moscoe and Fotinos have indicated in interest in serving on this Steering Committee;'"; and

(2)adding thereto the following:

"It is further recommended that the Striking Committee be advised that Councillor Davis has also indicated an interest in serving on the Steering Committee.")

The Economic Development Committee recommends the adoption of the report (January 11, 1999) from the Chief Administrative Officer subject to amending Recommendation (3) to read:

"(3)the CAO be authorized, as previously recommended, to establish the inter-departmental Working Group given the Corporate-wide and strategic purpose of its tasks and that a Steering Committee to the Working Group consisting of three City Councillors be established and that the Striking Committee be requested to recommend Council representation having regard to the fact that Councillors Silva, Moscoe and Fotinos have indicated in interest in serving on this Steering Committee;"

The Economic Development Committee submits the following report (January 11, 1999) from the Chief Administrative Officer:

Purpose:

At its meeting of December 11, 1998, the Economic Development Committee deferred consideration of the report Feasibility of Establishing a Telecommunications Authority and Related Matters Respecting Rights-of-Way Access and Use, pending a response from the Chief Administrative Officer on amendments proposed at Committee. The purpose of this report is to comment on the compatibility of the proposed amendments with the CAO intent to introduce a corporate-wide and strategic City approach to telecom issues.

Financial Impact and Implications:

There are no immediate or direct expenditures arising from the recommendations of this report. The decisions made will, however, effect the ability of the City to develop more comprehensive principles, policy and procedures respecting the use of its property and assets by telecommunications providers. In addition, two of the proposed amendments involve matters of Corporate-wide finance policy. Accordingly, the CAO is recommending the involvement of the Chief Financial Officer in those matters.

Recommendations:

It is, therefore, recommended that:

(1)recommendation one of the telecommunications report dated November 26, 1998, from the Chief Administrative Officer, be deleted;

(2)any viable proposal from a telecommunications provider be subject to a full business case analysis by the Telecommunications Working Group and the Chief Financial Officer to identify the benefits that will accrue to the City on pre-determined factors and the merit of entering into an Agreement where the provider requires a term exceeding five years;

(3)the CAO be authorized, as previously recommended, to establish the inter-departmental Working Group given the Corporate-wide and strategic purpose of its tasks and further, that the Economic Development Committee consider whether the interests of Councillors would be better met by serving as a Steering Committee to the staff Working Group;

(4)a suitable alternative to the Corporate Services Committee for reporting by the Working Group is to the Strategic Policies and Priorities Committee for action and to each of the Economic Development and Corporate Services Committees for information; and

(5)the proposed motion to add recommendation (5) to the November 26, 1998 report of the Chief Administrative Officer, be deferred pending recommendations from the Chief Financial Officer on overall City finance policy strategy and practices.

Council Reference/Background:

At its meeting of July 29, 30 and 31, 1998, Council directed the Chief Administrative Officer to:

-report to the Economic Development Committee (EDC) on the desirability, structure and terms of reference for a Telecommunications Authority for the City of Toronto; and

-report on whether any telecommunications network Agreement with a term longer than five years should be signed until such an Authority has been established.

The CAO reported on the above directives to the December 11, 1998 meeting of the EDC by providing context on the use of City rights-of-way and road allowances by telecommunications providers, as well as an overview of the telecom legislative environment for municipalities. In addition, the report recommended a coordinated inter-departmental approach by the City to deal with operational matters in the short-term, as well as a strategic approach to future telecom network matters internal to the City and with external organizations.

Overview of Original CAO Report Approach:

City stakeholders in telecommunications initiatives were convened in a series of three meetings by staff of the CAO in order to ascertain the nature and extent of their current and past involvement and the legislative, operating and financial matters specific to telecommunications initiatives. In this manner, City staff from Legal, Information Technology, Works, Economic Development and Finance reached agreement on the best way to exchange information and facilitate coordination, internal and external planning with respect to future telecom initiatives.

In making its recommendations, staff recognized that enabling access to municipal rights-of-way by telecom providers for network development/expansion is only one aspect of City responsibility and that the future emphasis must be far more strategic. Specifically, external demand, as well as potential financial gain by the City, must be planned for and dealt with in the context of a City telecommunications plan. Such a plan requires the City to define and integrate its own telecom and other interests and its own possible uses of its rights-of-way, for example. Principles, policies and procedures must also be recommended for Council approval in order to balance and coordinate potentially competing internal priorities along with the expected demands from external organizations.

CAO Comments and Recommendations Respecting the Proposed Committee Amendments:

Amendments to the CAO report were proposed and tabled at the Economic Development Committee on December 11, 1998, with their consideration pending comment by the CAO. In the following sub-sections, each proposed amendment is compared with the intent of the original CAO recommendation, and final CAO recommendations are presented.

(a)Original and Proposed Recommendation One:

The CAO recommended that a Telecommunications Authority, as currently defined, not be established by the City since regulation of the industry is under federal jurisdiction and no authority exists for municipalities to establish such a body. Specifically, the jurisdictional authority for the regulation of telecom providers by the municipality does not exist beyond that already in place to permit access (upon such terms and conditions as may be agreed to) and construction in its rights-of-ways.

The motion at Committee proposed that this recommendation be deleted since the intent of the Committee has been addressed by other CAO recommendations. The CAO concurs with the Committee in this regard.

(b)Original and Proposed Recommendation Two:

The CAO recommended that protection of City interests and its own use of the rights-of-way be maintained without imposing a five-year term for Agreements with telecom providers. The motion at Committee proposed that "a five-year term for Agreements with telecom providers be imposed until such time that a report is submitted (by the Working Group) to the EDC on a strategic direction on telecommunications".

The original CAO recommendation of November 26, 1998, was premised upon the fact that current Agreements between the City and telecom companies cover a period beyond that of five years to allow for recovery of initial investment capital by the companies. At the same time, the current Agreements contain conditions that protect the interests of the City including provisions allowing for City access and use of the space and infrastructure if determined necessary by the City.

While the intent of the proposed Committee amendment is to provide additional flexibility to the City and minimize commitments to contractual obligations until the potential impacts of any new Agreement can be understood within an overall City telecom strategy, it should be pointed out that Council adoption of a five-year term restriction for any new telecom Agreement could be to the detriment of the City. If considerable financial or other benefits to the City can be shown to accrue to a proposal with a term exceeding five years, the CAO wishes the City to have the option to enter into longer term Agreements. In addition, the tasks of the Working Group may require longer than six months to complete. If the EDC amendment were approved, the City would be limited to terms of five years or less for an extended period of time.

The CAO is, therefore, recommending a further amendment to recommendation two. The CAO amendment enables better assessment of any new Agreement without adding undue pressure to the efforts of the Working Group or limiting opportunities to the City and recommends that:

-any viable proposal from a telecommunications provider be subject to a full business case analysis by the Telecommunications Working Group and the Chief Financial Officer to identify the benefits that will accrue to the City on pre-determined factors and the merit of entering into an Agreement where the provider requires a term exceeding five years;

(c)Original and Proposed Recommendation Three:

The CAO recommended the formation of an inclusive inter-departmental Working Group by the CAO for the purpose of exchanging information and facilitating coordination, internal and external planning with respect to telecom initiatives. The motion at Committee proposed that the Working Group be established by the Information and Technology Services Division of the Corporate Services Department and that its membership be expanded by the addition of Councillors Fotinos, Silva and Moscoe. In summary, the Committee has supported the intent of the original CAO recommendation to form an inclusive inter-departmental Working Group, and the roles, responsibilities and tasks for the Working Group contained in Appendix 1. The amending motion, however, would result in a different leadership focus.

The CAO recommended that his office establish the Working Group for several reasons. First, the CAO mandate includes the provision of strategic and objective project and issue management on matters of corporate-wide interest and/or across departmental lines. Second, meetings Chaired initially by CAO staff would ensure issue coordination and supports a forum lacking any single operating area bias and/or domination. Third, the Commissioner of Corporate Services considers it the role of the CAO to lead strategy development with Corporate-wide implications. The Commissioner wishes to participate by bringing technical expertise on information technology, real estate/property/asset management, and other telecom related matters from the departmental perspective.

The CAO report did not recommend the inclusion of Councillor members on the Working Group since it was anticipated that Councillors may wish to create a political group on Telecommunications subsequent to the Working Group recommending a strategic plan and recommended future direction. It is expected that there may need to be a fairly intensive focus on operating matters in order for the Working Group to arrive at tasks of a more strategic nature. In this regard, Councillors may determine that their interests will be better met by serving as a Steering Committee to the staff Working Group.

It is, therefore, again recommended that the CAO be authorized to establish the inter-departmental Working Group given the Corporate-wide and strategic purpose of its tasks and further, that the Economic Development Committee consider whether the interests of Councillors will be better met by serving as a Steering Committee to the staff Working Group.

(d)Original and Proposed Recommendation Four:

The CAO report recommended that the inter-departmental Working Group report to the Corporate Services Committee through the CAO. The motion at Committee proposed that "the inter-departmental Working Group report to the Economic Development Committee in six months time on the roles, responsibilities and tasks listed in Appendix 1 of the report on future reporting and organizational structures in relation to the Strategic Direction on Telecommunications".

It was intended by the CAO that reporting be to the Corporate Services Committee in recognition of the Corporate-wide impact and cross-departmental nature of telecom matters. These include City needs and uses for its own infrastructure, best uses of these assets in the interests of the public and businesses, as well as longer-term matters covering finances, asset management, strategic policy and technology, in addition to economic development. It is the position and recommendation of the CAO, therefore, that a suitable alternative for reporting by the Working Group is to the Strategic Policies and Priorities Committee for action and to each of the Economic Development and Corporate Services Committees for information.

(e)Proposed Recommendation Five:

A motion at Committee proposed adding a recommendation that "Appendix 1 of the report be amended by adding the following under the category titled 'Recommend Principles, Policies and Procedures for Council Approval including':

-the Works Department to maintain revenues from right-of-way fees".

The CAO comments on this proposed amendment are that while the amendment appears to state continuation of the status quo, its approval would actually formalize certain financial practices that require consideration as part of overall City finance strategy. It would, unintentionally, have implications for all Departments, as well as on the overall budget process in a time of unprecedented challenge. There is a need to examine all City financial practices and policies in an integrated fashion to identify improvements. Approval of the amendment is considered premature and the CAO is recommending, therefore, that it be deferred pending recommendations from the Chief Financial Officer on overall City finance policy strategy and practices.

Appendix 1

Potential Roles, Responsibilities and Tasks of the Inter-Departmental Working Group on Telecommunications

-Monitor, plan and coordinate internal and external telecommunications initiatives;

-Define and integrate City interests and responsibilities including:

-Public ownership and trust;

-Economic development;

-Protecting the safety of the travelling public;

-Preserving the integrity and work life of rights-of-way;

-Cost-recovery/compensation from access to rights-of-way; and

-Revenue generation from the use of municipal facilities.

-Develop a telecommunications plan in collaboration with telecom providers to manage and regulate the City's rights-of-way including:

-Goals and objectives, short-term and strategic long-term (e.g. single platform);

-Responsibilities and control vis-à-vis other government levels; and

-Facilities, property, infrastructure and assets covered;

-Recommend principles, policies and procedures for Council approval including:

-Design, location and assessment goals;

-Principles such as equal treatment and opportunity for providers, uniform right-of-way regulations and co-location encouragement;

-Policies to reinforce principles such as standards, availability of municipal facilities for development and expedited access;

-Network master plan and provider construction schedule requirements;

-Performance and impact measures;

-Leasing policies and rates for the use/rental of City facilities/property/assets;

-Rates, exclusive use, restoration, decommissioning and term/tenure of use; and

-Fair and just cost-recovery and compensation.

-Review and recommend telecom development control policies including:

-Application procedures;

-Alterations and additions;

-Visual and environmental assessment and impact guidelines; and

-Application requirements and community matters such as notification, site sensitivity and scale of facility.

-Promote economic development and telecommunications development including:

-Publication of City initiatives, policies and procedures on Internet;

-Mapping of telecom network coverage, geographical areas and capacity;

-Creation of an inventory of connected buildings; and

-Provision of an inventory of buildings in the City available to telecom companies.

________

(Report dated November 26, 1998,

from the Chief Administrative Officer)

Purpose:

Council has directed the Chief Administrative Officer to examine the feasibility of the City establishing a telecommunications authority. In order to provide context, the use of City rights-of-way and road allowances for telecommunications infrastructure is reviewed and an overview of the legislative environment for municipalities is provided. This report recommends an approach for the City to deal with its operational matters in the short-term while setting the stage for a strategic approach to telecom network development. An initial focus on the City's own rights-of-way uses for telecommunications purposes and responding in a coordinated manner to external organizations is the recommended starting point.

Financial Impact and Implications:

There are no immediate or direct financial implications arising from the recommendations of this report. The future access and use of municipal rights-of-way by telecommunications providers and their affiliates will require the City to develop more comprehensive principles, policy and procedures respecting the use of its property, assets and infrastructure.

Recommendations:

It is recommended that:

(1)the City of Toronto not establish a telecommunications authority, as defined at this time, since regulation of the industry is under federal jurisdiction and no authority exists for municipalities to establish a body of this type;

(2)protection of City interests and its own use of the rights-of-way be maintained without imposing a five-year term for Agreements with telecom providers;

(3)Council authorize the Chief Administrative Officer to form an inclusive inter-departmental working group for the purpose of exchanging information and facilitating coordination, internal and external planning with respect to telecom initiatives; and

(4)the inter-departmental working group report to the Corporate Services Committee through the Chief Administrator's Office on City needs and uses for its own infrastructure, best uses of these assets in the interests of the public and businesses, as well as longer-term strategic matters.

Council Reference/Background:

At its meeting of July 29, 30 and 31, 1998, the City of Toronto Council adopted Clause No. 2 of Report No. 16 of The Strategic Policies and Priorities Committee, Amendment to Agreement to Facilitate the Expansion of Access Rights to Municipal Road Allowances - MetroNet Communications Group Incorporated. Specifically, the Report extended the City's Municipal Access Agreement with MetroNet to the new boundaries of the amalgamated City of Toronto. The former agreement of 1997, permitted MetroNet to enter public street allowances for the purposes of installing, maintaining and operating a fibre optic telecommunications network, only within the boundaries of the former City of Toronto.

In the context of Council's desire to maintain open and fair access to the public highway and City infrastructure for any qualified party, Council also directed that public tendering be used to lease spare City-owned conduit capacity for telecommunications purposes. In addition, the Chief Administrative Officer (CAO) was directed to:

-report to the Economic Development Committee on the desirability, structure and terms of reference for a telecommunications Authority for the City of Toronto; and

-report on whether any telecommunications network Agreement with a term longer than five years should be signed until such an Authority has been established.

The Telecommunications Environment:

The telecommunications industry has, in recent years, been undergoing significant change and growth in terms of technological advances and the convergence of mediums. At the same time, the operating environment of the industry has been changing to one of increased deregulation. Competition began in long-distance telephone services during the early 1990's, with local competitive carriers receiving approval in 1997. Demands for increased bandwidth and a range of voice, video and data services continue to contribute to the pressure within the industry to develop new networks based largely on fibre optic technology.

Located on or within the public road allowances and other rights-of-way in the City of Toronto is an infrastructure of active, spare and decommissioned water pipes, sewer pipes, gas mains, television cable, Hydro poles and attachments and traffic control system duct and conduit structures, for example. Some of this infrastructure is City-owned and was originally installed for its own service delivery purposes. Public utilities and the private sector own other of the infrastructure, both active and inactive. Telecommunications companies often wish to access and use/modify these systems for network development. This option mitigates the construction costs and disruption to pedestrian and traffic flow that is usually involved when installing new telecommunications networks.

Cable, gas, phone and electric companies and their affiliates are among those expected to approach the City to access its rights-of-way and/or to use City-owned or other existing infrastructure. Some are interested in telecommunications development and others wish to use existing City-owned infrastructure for businesses such as heating and cooling, utility related operations, or water and sewer provision.

City of Toronto Involvement with Telecommunications Companies:

The municipality performs two key roles in enabling the placement and installation of telecom systems. First, companies need to acquire consent to access municipal rights-of-way such as the road allowances and, second, they may wish to negotiate for the use of the City's own infrastructure, or that of others.

The stated goals of the City in responding to companies involved in telecommunications development/delivery have been to:

-foster the development of a state-of-the-art telecommunications infrastructure to benefit the business community;

-obtain enhanced and valuable fibre optic services accruing directly to the City; and

-enhance economic development while realizing direct revenue for the City.

Overview of Major Telecommunications Agreements:

In 1997, first with the former City of Toronto and two months later with the former Municipality of Metropolitan Toronto, a telecom agreement was finalized with MetroNet Communications Group Inc. (MetroNet). This agreement was the result of a Request for Proposals process to enter/access public street allowances for the purposes of installing, maintaining and operating a high-speed, fibre optic telecommunications network. The MetroNet Agreement involves the modification, refurbishment and leasing of a decommissioned high-pressure water main system in the downtown core, as well as other City-owned decommissioned pipes. Thus benefits accrue to the company by reducing its construction costs and benefits the municipality in terms of economic development, direct return for the use of the public highway, and services for the City (dark fibre and preferred network rates).

Similarly, in June of 1998, Council approved a pilot project arrangement with Consumers' Gas to allow it to lease a portion of its decommissioned (abandoned) system of gas mains to MetroNet for the installation of telecommunications equipment within the road allowances of the City. The approval of the City was required respecting this new use of existing infrastructure within the municipality's rights-of-way. MetroNet's use of the Consumers' Gas pipes results in less capital cost and faster expansion; the City experiences far less street disruption for underground work on existing conduit; and Consumers' Gas obtains returns on an unused asset.

In approving these initiatives, Council ensured marketplace competition as well as protecting the interests of the City of Toronto through performance requirements, approved third party sub-leases, and construction and workmanship responsibilities, for example. Similarly, several former municipalities, now a part of the City of Toronto, have agreements with Rogers Cablesystems with respect to access to the public highway for the installation of cable television equipment.

Principles Underlying City Telecommunications Agreements:

It has been the goal of the City in seeking to develop a standard form Municipal Access Agreement to simultaneously promote and protect the interests of the public, competitive business development and the municipality. The Municipal Access Agreement of the City is consistent with a model telecommunications agreement developed and endorsed by the Federation of Canadian Municipalities (FCM) and the principles of FCM to ensure that municipalities are:

-able to control the number and type of aboveground and the location of below-ground telecommunications infrastructure;

-are not subject to any financial burden due to the manner of use of rights-of-way by telecom companies;

-not responsible for the costs of relocating telecom infrastructure if so required for planning or other reasons deemed necessary by the municipality;

-are not liable for economic loss, legal costs or physical restoration costs for disruption of telecom services arising from municipal actions; and

-entitled to receive revenues (as do the federal and provincial governments) greater than their direct costs as compensation from those accessing municipal property for profit.

Legislation/Regulation Applying to Telecommunications and to Municipal Rights-of-Way:

(a)Federal Jurisdiction Respecting Telecommunications:

The regulation of the telecommunications industry is under the jurisdiction of the Federal Government. The Telecommunications Act, 1993, gives telecommunications service providers and operators such as MetroNet, Bell Canada, Cantel and cable television companies, the right to enter into and break up the public highway for the purpose of constructing, maintaining, or operating their equipment. The carrier must obtain municipal agreement to do this prior to the construction of a transmission line. Where such agreement cannot be obtained by a company on terms and conditions satisfactory to it, the company may apply to the Canadian Radio-Television and Telecommunications Commission (CRTC) for an order permitting it to install the equipment on such terms as the CRTC may order.

(b)Municipal Jurisdiction:

Under the Ontario Municipal Act, municipalities have the authority to regulate the use of the public highway, and to authorize and regulate, for example, the installation (putting-up, laying-down), construction and maintenance, of infrastructure including that for telecommunications. There are also municipalities such as the former City of Toronto that have additional special legislation allowing the municipality to require persons wishing to place and maintain telecommunications equipment in the public highway and road allowances to enter into an agreement with the City.

(c)Provincial Transfer of Responsibilities:

As part of the transfer of provincial-municipal responsibilities undertaken during 1997, the Province of Ontario is now receiving the revenues from Gross Receipt Taxes (GRT) that were formerly paid to municipalities. This represents a loss to the City of the 5 percent GRT formerly paid to it by Bell Canada. Without this source of revenue or alternate mechanisms to enter into agreements to collect fees, which reflect a reasonable return to the City from telecom operators to offset the cost of maintaining rights-of-way, municipal taxpayers bear the cost of accommodating telecommunications companies (as opposed to the users of telecom services).

(d)Legislative Changes Respecting Telecommunications Uses:

In February of 1998, the Ontario Government passed regulation, O. Reg. 34/98 to the Municipal Act. The regulation attempts to preclude municipalities from using their powers under Section 220.1 (the "user fee" provision) to impose fees, except for permit or administrative fees, on telecommunications common carriers with respect to locating those works within the public highway. The regulation applies only to rights-of-way access matters and not to municipal charges for the rent or lease of City-owned equipment or infrastructure.

More recently, the province passed Bill 35, the Energy Competition Act as part of the deregulation of the electricity industry. The Bill includes provisions providing electricity transmitters and distributors with the right to access municipal highways without municipal consent for the purposes of installing equipment. It also permits them to use such easements for the provision of telecom services (without compensation) or to enter into agreements with third parties for that purpose.

Impacts of Legislative Changes Respecting Telecommunications:

As directed by Council at its meeting of July 29, 30 and 31, 1998, the Commissioner of Works and Emergency Services shall be reporting on the form and provisions of a standard municipal access agreement extending across the new City of Toronto. The impact of legislative changes on the nature and content of the standard agreement may be discussed at that time, anticipated as being early in 1999.

Bill 35 permits telecom providers and their affiliates to use easements in place for the transmission of electricity for telecommunications purposes. The extent to which this provision may be viewed as an alternative to seeking consent from municipalities for access to the public highway has yet to be determined.

Feasibility of Establishing a City Telecommunications Authority and of Limiting Agreements:

In order to prepare this report, senior staff of the Chief Administrator's Office convened three meetings with City staff from Finance, Legal, Information Technology, Economic Development and Works. As a result of this collaborative and informative process, it has been determined that the municipality (or the Province) does not have the ability to legislate in the federal area of telecommunications by seeking to regulate the operations of the telecom industry. The extent of municipal authority is to grant access to the public highway upon such terms and conditions as may be agreed to, and to grant permission for construction. The telecom industry is under federal jurisdiction and a federal authority, the Canadian Radio-Television Telecommunications Commission (CRTC), regulates private telecom providers by determining the level of service provided and the rates to be charged to customers, for example. Accordingly, telecom matters such as dictating areas in the City where a company should provide service, are beyond the constitutional authority of the municipality.

The proposal to establish a Telecommunications Authority implies the desire to create a body with regulatory powers vis-a-vis telecommunications providers that is over and above that already exercised by the City with respect to regulating access and construction within the public highway. As indicated above, such attempts to regulate the telecommunications industry would impinge upon an area of federal jurisdiction. Furthermore, it would be outside the jurisdiction of the Province to grant such powers and beyond the jurisdiction of the City or any such "Authority" to exercise them.

If the suggestion is to create a body that will merely assume the decision-making authority of City Council with respect to those matters presently within its jurisdiction, such an initiative is unnecessary. In any event, given the Provincial policy towards the use of municipal property by telecom providers illustrated by statutory provisions such as O. Reg. 34/98 and Bill 35, it is highly unlikely that the Province would grant the legislation required to establish such a body.

It is, therefore, recommended that the City of Toronto not establish a telecommunications authority, as defined at this time, since the regulation of the telecom industry is under federal jurisdiction and no authority exists for municipalities to establish a body of this type.

The Chief Administrative Officer was also asked to report on whether any City telecommunications network Agreement with a term longer than five years should be permitted in the absence of such an authority. According to staff familiar with the industry and the process of negotiating such Agreements, telecommunications companies must commit significant capital investment for their network installation. Companies require time, commonly ten years or more, to offset their construction and operating costs and to realize reasonable returns. It is, therefore, recommended that protection of City interests and its own use of the rights-of-way be maintained without imposing a five-year term for Agreements with telecom providers.

Recommended Approach for Managing Telecommunications Issues:

Telecommunication facilities require a network of towers, antennas and associated structures. With increased demand for mobile telephone services, the Internet and the accompanying de-regulation of the telecom industry, there has been a significant increase in the demand for such facilities. Many of these facilities require the use of municipal rights-of-way and City-owned facilities (buildings, water towers and vacant land, for example). Cities have a number of direct interests in regulating rights of way as follows:

-Public ownership and trust;

-Economic development;

-Protecting the safety of the travelling public;

-Preserving the integrity and work life of rights-of-way;

-Cost-recovery/compensation from access to rights-of-way; and

-Revenue generation from the use of municipal facilities.

Both the Association of Municipalities of Ontario (AMO) and the Federation of Canadian Municipalities (FCM) have passed resolutions requesting clarification from the federal government on access and management issues regarding municipal rights-of-way. In summary, AMO wishes to see legislation recognizing the costs borne by cities with respect to the use of rights-of-way by private organizations and the right of municipalities to recover legitimate costs and to share in profits generated by such use. FCM is working at the federal level to address similar issues through its Sub-Committee on Telecommunications, chaired by Councillor Moscoe from the City of Toronto. Options include appearing before the CRTC to ask for a determination of the rights of municipalities under the Telecommunications Act.

At present, different areas of the City of Toronto are involved in separate aspects of telecom issues. Each is aware to varying degrees of developments in the industry and approaches to the City for the use of its rights-of-way. Furthermore, each of these areas has different perspectives and operational responsibility for telecom matters. For example, Economic Development participates in a community development initiative to provide promotional and networking information to new media companies. The interest of this group in provider-friendly City access policies requires consideration with a number of other cross-departmental City responsibilities such as accessibility, availability, usage regulations and preservation of the condition of City property. Balancing and coordinating these potentially competing priorities, along with those of the public, will be best achieved in a collaborative forum of City staff.

The City needs to deal with its operational matters in the short-term while setting the stage for a strategic approach to telecom network development. It is, therefore, recommended that the Chief Administrative Officer form an inclusive, inter-departmental working group for the purpose of exchanging information and facilitating coordination, internal and external planning with respect to telecom initiatives. In this manner, all involved staff will be apprised of both internal and external telecommunications issues arising across departments and recommendations to Standing Committees and Council will be better coordinated internally.

In addition, articulation and agreement on principles recognizing the valid interests of all internal and external stakeholders will place the City in a stronger position to manage its own rights-of-way uses and infrastructure. The Commissioner of Works and Emergency Services was directed by Council at its meeting of July 29, 30 and 31, 1998 to develop a comprehensive policy for the use of public rights-of-way for developing a telecom infrastructure network. That department also has the lead role in preparing a standard Municipal Access Agreement for the approval of Council. These directives are areas of primary interest to many areas of the City and will require the type of collaboration available in the recommended inter-departmental working group.

It is, therefore, recommended that the inter-departmental working group report to the Corporate Services Committee through the Chief Administrator's Office on City needs and uses for its own infrastructure, best uses of these assets in the interests of the public and businesses, as well as longer-term strategic matters.

An overview of the potential role, responsibilities and tasks of the inter-departmental working group is attached to this report as Appendix 1 for further development in early 1999.

Conclusions:

This report has considered the issue of establishing a telecommunications authority and concluded that it would be premature for the City to pursue this avenue. The jurisdictional authority for regulation of telecom providers by the municipality does not exist beyond that already in place to permit access upon such terms and conditions as may be agreed to, and construction in its rights-of-ways. Furthermore, long-term Agreements now in place between the City and telecom providers/affiliates protect the interests of the City and allow the City to use its own property if so needed. Accordingly, it is not recommended that any future Agreements be limited to a term of five years despite the absence of a Telecommunications Authority.

This report has also explained that the deregulation of the telecommunications industry has resulted in an increase in the number of companies competing to utilize municipal rights-of-way. In turn, this has resulted in a need at the City to monitor usage rights of the various interests and to ensure internal and external communication, planning and coordination. To this end, it has been recommended that an inter-departmental working group be established whose responsibilities will include identifying the current and potential uses by the City of its own infrastructure. It has also been recommended that the working group report to the Corporate Services Committee on telecom matters of immediate cross-departmental import while also working towards a longer-term strategic approach to telecom network development.

8

Proposed Changes to Revenue Canada Taxation Policy and

Heritage Canada's Federal Production Services Tax Credit

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Economic Development Committee recommends that:

(1)Revenue Canada be requested to continue its current practices with respect to treatment of foreign personnel and tax waiver periods;

(2)Heritage Canada be requested to maintain the Federal Production Services tax Credits at its current level;

(3)the Minister of Heritage be requested to clarify the position of the Federal Government and respond to the concerns of the Toronto film, and television industry;

(4)the Mayor and the Chair of the Economic Development Committee be requested to meet with the federal Ministers of Finance, Heritage and Transport to advise them of the serious economic consequences that the implementation of the proposed changes to the tax administration would have on the film and television industry in the City of Toronto; and

(5)Council's action in this respect be forwarded to the appropriate Ministers and members of Parliament, and that appropriate City staff be directed to follow-up as appropriate.

The Economic Development Committee submits the following report (January 5, 1999) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

To influence Federal Government policy and maintain Canada and Toronto's competitive advantage in the film and television industry.

Funding Sources, Financial Implications and Impact Statement:

None

Recommendations:

(1)That the Economic Development Committee request Revenue Canada continue their current practices with respect to treatment of foreign personnel and tax waiver periods;

(2)that the Economic Development Committee request that Heritage Canada maintain the Federal Production Services Tax Credit at its' current level;

(3)that this report be forwarded to the relevant Ministers and members of Parliament and staff be directed to follow up as is appropriate; and

(4)that the Minister of Heritage be requested to clarify the position of the Federal government and respond to the concerns of the Toronto film and television industry.

Council Reference/Background/History:

Three recent developments at the Federal level in tax administration will have serious consequences for the film and television industry in Toronto, if implemented.

Foreign Actors required to File Tax Returns

Effective January 1999 Revenue Canada plans to enforce a requirement for non-resident actors to file Canadian tax returns. Traditionally, actors have only been required to remit 15 percent of their income as withholding tax, and have not been asked to file tax returns. In addition to having to file a Canadian tax return the standard graduated rate will be withheld for any foreign actor whose stay in Canada exceeds a six month period.

The changes in the application of the tax rules will make it more difficult to hire non-resident actors, a vital ingredient in foreign and also in many Canadian productions. Should an actor now even agree to work in Canada, it will likely be under the condition that the Producer indemnify them for any difference in taxes, which will cause budgets to rise, ultimately making Canada and Toronto less competitive. We have reason to believe that actors who are most in demand may decide against shooting in Canada, due to the additional tax complications and expense. Many high-paid talent have the power to pull the production elsewhere.

The Toronto Film and Television Office is aware of one recent example of this having occurred with a production initially slated to be filmed in Toronto which was not because the star refused to be involved with possible foreign tax complications. This cost the city approximately $18 million in production spending and the Federal government their tax revenue. This measure is set to be enacted this month.

Tax Waiver Period Reduced for Non-resident Non-actor Personnel

Revenue Canada is proposing the reduction of the tax waiver period for non-resident non-actor personnel from the current six months to a maximum of 120 days. Non-residents who have worked in Canada within the last three years will have this period further reduced. This means that, with the exception of a non-resident working on a TV movie in Canada for the first time in over three years, all others will be required to have tax withheld at 15 percent. Graduated rates will apply to those who are here for more than six months, and tax returns may also be required. This poses a further disincentive to filming in Canada.

Elimination of tax credits for foreign producers

There is a move afoot within the Department of Heritage to eliminate the federal production services tax credit for foreign producers. The federal production services tax credit was implemented just over one year ago and it is a major attraction for foreign production. Most provinces, noting the success of the federal program have since implemented a tax credit of their own. Across this country the Federal tax credit has spurred the growth in filming and has led to the employment and training of thousands of Canadians. These newly skilled workers are helping to build our indigenous film industry. To eliminate the tax credit program at this early stage will hurt rather than assist Canadian film production. It will also make Canada less competitive in this highly competitive and mobile industry.

Conclusions:

Close to $800 million dollars of film production, not including television commercials, occurred in Ontario alone in 1998. Almost half of this business was generated by foreign productions producing films in Ontario. The vast majority of these were produced in Toronto employing Toronto residents and relying on Toronto-based services.

Any one of the above three measures on their own would be an impediment to foreign production. Together, they may prove disastrous.

We need immediate action. It is essential that the relevant politicians are contacted to advise them of the economic disaster to the film and television industry that will result if even one of the above-noted policies are put into effect.

Contact Name:

Rhonda Silverstone

Manager, Toronto Film and Television Office, Tel.: 392-1333

9

Space Expansion to the Lower Lobby of the

Bluma Appel Theatre (Ward 24 - Downtown)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Economic Development Committee recommends that consent be given to the St. Lawrence Centre for the Arts to increase the public space available in the lower Bluma Appel Theatre Lobby by providing an additional 248 sq. ft. of lobby space to alleviate over-crowding and provide better patron service facilities.

The Economic Development Committee submits the following report (January 9, 1999) from the Chair, The Board of Management of the St. Lawrence Centre for the Arts:

Purpose:

The Board wishes to increase the public space available in the lower Bluma Appel Theatre lobby to alleviate over-crowding and to provide better patron service facilities.

Clause 7 of By-Law 367-73, which established the Board of Management, states that "The Board shall not make or cause, commit or allow to be made to the Centre, any structural addition, alteration or improvement without the consent of the City".

The full details of the proposal, which will provide an additional 248 sq. ft. of lobby space as well as substantially improving the outward appearance of the building, is outlined in the supporting documentation and drawings provided by Lett/Smith Architects. Also included in this package is a letter of endorsement from the Canadian Stage Company, the major user of the Bluma Appel facility.

The Board also wishes to advise the City that Mrs. Bluma Appel has arranged for a private donation of money, in excess of $80,000.00 (eighty thousand dollars), which she and her husband specifically want applied the expansion of the Bluma Appel lobby. It is also Mrs. Appel's wish that the work on this project be completed before the millennium.

The Board, in consultation with Lett/ Smith Architects, has determined that it is possible to complete the scope of the work in July and August of this year, prior to the commencement of the l999/2000season, providing City approval is obtained quickly enough to allow for permit application and contract tendering in the next two months. The Board would therefore appreciate the Economic Development Committee expediting Council approval for this project by forwarding a recommendation to City Council for consideration at the Council meeting on February 2, 1999.

Funding Sources, Financial Implications and Impact Statement:

Over 50 percent of the funding provided is being provided by a private donation. The Board of Management has approved that the balance of the project funding be drawn from its own Capital Improvements Fund.

There is no financial requirement for the City to provide any funding for this project.

The project will provide better facilities and services to the public and the Centre's licensees. It will enhance the streetscape and stimulate the final upgrading of the Centre's facade.

Contact Name and Telephone Number:

David Wallett, General Manager

(416) 366-1656, ext 224

_______

(Communication dated January 6, 1999 from

Mr. David Abel, Executive Producer, Canadian Stage)

Further to our meeting yesterday, I am writing to express the enthusiasm and support of The Canadian Stage Company for the proposed full renovation of the lobby at the Bluma Appel Theatre in the summer of 1999.

The full extension of the northern window of the lobby to the perimeter of the property line, the removal of the bay windows and the relocation of the present emergency exists to the eastern end of the lobby are fully endorsed by the company. These improvements will make an enormous difference to the comfort of our valued patrons, and to the options for usage of the space for entertaining purposes. As well, they will heighten the visibility of the facility to street traffic and extend the advertising possibilities for our Bluma productions.

If there is anything that The Canadian Stage Company can do to facilitate the expansion, please do not hesitate to let me know. I look forward to the implementation of the plan.

________

(Communication dated January 1999 from Lett/Smith Architects)

St. Lawrence Centre for the Arts

Changes to the North Facade Ground Floor Lobby Windows

The following proposal has been developed in order to increase the available space in the Bluma Appel Theatre Lobby and to begin to address the anticipated upgrading of the North Facade.

The proposal involves the reconfiguration of the north wall of the Bluma Appel ground floor lobby. This will include removing and replacing the 2 existing display case bays and the doors in the 2existing door bays, thereby replacing all the north Main Floor Lobby glazing. The attached plans show the existing condition and the new enlarged lobby following the changes outlined in this proposal. The changes include the following:

Platforms, display cases an all outer windows will be removed. The platforms are plenums for the delivery of conditioned air. New floor grilles will be added to the exposed openings in the concrete floor, which are currently below the platforms.

All existing finishes will be repaired and extended. The ceiling profile and adjacent finished will be reconstructed. Light tracks over the display cases will be replaced with fixtures similar to those at adjacent lobby windows.

A new glazed wall be constructed in line with the columns, thereby eliminating the external recesses. These new walls will be designed to address a more comprehensive renovation of the Facade.

The replacement exit doors will be placed in the east bay only, allowing 3 clear glazed bays.

Electrical provision will be made for movable display cases which can be positioned behind the new windows.

The Customer Service Desk, which is currently located against the facade windows, will be redesigned and relocated to the interior of the lobby.

Electrical and communication systems will be extended and relocated to address the revised location of the Customer Service Desk.

The proposal provides an additional 248 square feet of lobby space.

Construction Cost Estimate (Watson)$100,000.00

Customer Service Desk$15,000.00

Relocate Elect/Communication Systems$7,000.00

Professional Fees and Expenses$19,000.00

Building Permit$1,300.00

Display Cases$12,700.00

Project Cost Estimate$155,000.00

General:

Cost estimates are provided by J.S. Watson & Associates, who were the Construction Managers for the Bluma Appel Theatre Renovations. The estimates do not include GST and assume current prices.

The structural engineers responsible for the Bluma Appel Renovations, Halsall & Associates, have confirmed that there will be no structural work required for the proposal outlined above.

Insert Table/Map No. 1

Bluma Appel Theatre

Insert Table/Map No. 2

Bluma Appel Theatre

10

Woodbine Park Development - 1999: Project Management

(Ward 26 - East Toronto)

(City Council on February 2, 3 and 4, 1999, adopted this Clause, without amendment.)

The Economic Development Committee recommends the adoption of the following report (January 15, 1999) from the Commissioner of Economic Development, Culture and Tourism subject to the addition of the following Recommendation (2):

"(2)authority be granted for the appropriate City officials to execute an amendment to the agreement dated June 30, 1998 between EMM Financial Corp. and the City to provide that EMM can commence, continue and complete any work relating to the Woodbine Park Development which is funded by external sources, without further approval of Council, subject to all plans and specifications having first been approved by the Commissioner of Economic Development, Culture and Tourism."

Purpose:

This report will address the need to provide for the continuance of a performance management agreement with EMM Financial Corporation (EMM) to complete the remaining phases of development of Woodbine Park, applying City funds and funds from others.

Source of Funds:

The current budget estimates already include the necessary funding for the continuance of project management, so there is no direct financial impact of this report.

Recommendation:

It is recommended that subject to the approval of the 1999-2003 Parks and Recreation Capital Works Program, the continuance of the work by EMM be approved in accordance with the June 30th, 1998 amending agreement to the Section 37 Agreement between the City of Toronto, EMM and the Ontario Jockey Club, applying City funds and funds from others.

Council Reference/Background/History:

Woodbine Park is a multi-phase project being developed on a portion of the lands of the former Greenwood Race Track under a Section 37 Agreement. Phase 1 of the work is complete, which consisted of demolition, site remediation and initial grading and park definition.

On June 30th, 1998, the City of Toronto and EMM entered in to an amending agreement to the Section 37 agreement dated May 2nd, 1996 between the City, EMM and the Ontario Jockey Club to complete certain additional work necessary to implement the design concept for Woodbine Park developed by the City dated April 17th, 1998, to the satisfaction of the Commissioner of Economic Development, Culture and Tourism.

Comments:

Under the amended agreement, funding and completion of work necessary to implement the park design and continuance of the work by EMM will be approved by the City in phases. Funding for phase 1 and EMM's completion of it has been approved by City Council as part of the 1998 Capital Budget. In so far as further phases are concerned, the agreement contains provisions whereby funding for the work and EMM's completion of the work is conditional upon City Council approval.

The City is now prepared to move forward, pending approval of the 1999-2003 Capital Program, with the completion of the park project. This will entail installation of water, sewer, and electrical services; final grading and landscaping the site as well as providing hard surfaces and facilities to accommodate access and programming on the site. The target is to have substantial completion by July or August 1999. In order that the work and necessary project coordination occurs, it is necessary to continue the work by EMM under the existing amending agreement.

Conclusion:

Given the scope and timing of the project and the need to integrate the work of many stakeholders, continued on- site project supervision is necessary. Continuance of the work by EMM under the existing amending agreement, in accordance with the terms outlined in the amended Section37Agreement, would ensure that the project moves ahead in a timely fashion.

Contact Name:

Frank Kershaw,

392-8199

Neil R. Zaph,

395-6065.

11

Other Items Considered by the Committee

(City Council on February 2, 3 and 4, 1999, received this Clause, for information.)

(a)The Toronto Lion Dance Festival (Ward 25 - Downtown).

The Economic Development Committee reports having:

(1)recommended to the Municipal Grants Committee, the adoption of the report (January 4, 1999) from the Commissioner of Economic Development, Culture and Tourism; and

(2)requested the Commissioner of Economic Development, Culture and Tourism to:

(a)report further to the Economic Development Committee on a policy governing financial support for community/city festivals; and

(b)forward the Business Plan for the Toronto Lion Dance Festival to City Council for consideration at the same meeting that the foregoing matter will be considered.

(January 4, 1999) from the Commissioner of Economic Development, Culture and Tourism, recommending that:

(1)the Lion Dance Festival programme be approved in principle and be deemed to be in the interest of the City;

(2)the Economic Development Committee request the Grant Review Committee to allocate funds of $10,000.00 to the Scadding Court Community Centre for the staging of this event in June 1999; and

(3)Toronto Parks and Recreation Division provide appropriate staff resources to assist with the Lion Dance Festival.

Mr. Kevin Lee, Executive Director, Scadding Court Community Centre, appeared before the Economic Development Committee in connection with the foregoing matter.

(b)Harmonization of User Fees.

The Economic Development Committee reports having deferred consideration of this matter to its next meeting on February 12, 1999, and requested the Commissioner of Economic Development, Culture and Tourism to forward his previously requested report to that meeting.

(i)(November 25, 1998) from the City Clerk, forwarding to the Economic Development Committee the action of the User Fee Committee on November 24, 1998, and recommending:

(1)(a)Policy Principles

-Recreation programs are important municipal services which contribute significant personal, social, economic and environmental benefits which enhance the well-being of Toronto citizens, their neighbourhoods and the local economy;

-the City of Toronto shall ensure all residents year-round accessibility to high quality community recreation and leisure programs regardless of their ability to pay;

-the City of Toronto shall ensure equity and fairness to taxpayers and contribute to the long term vitality of public recreation services provided by the City and the voluntary and not-for-profit sectors; and

-the City of Toronto shall encourage maximum opportunity for the enjoyable, healthful, satisfying and creative use of leisure time;

(b)Policy Elements

-Client and taxpayers at the forefront of pricing decisions ;

-consistency City-wide;

-quality service standards not influenced by user fees;

-accessibility strategies;

-price based on benefits to user, benefits to community and operating costs; and

-accountability;

(c)Implementation Guidelines

-Establish list of services which do not charge a user fee and are available universally;

-where a user fee is to be charged, fees to be based on different levels of cost recovery (10 percent to over 100 percent)

-harmonize January 1999, followed by stable price strategy to ensure future adjustments are gradual;

-establish effective measures to provide access to low income individuals and high need communities;

-monitor and adjust fees on an annual basis prior to the submission of the annual budget; and

-utilize a variety of effective user fee methods, including current technologies to enhance customer service (e.g. access "smart" card and improved registration system);

(2)"WHEREAS recreational services in the City of Toronto are a key component in providing a healthy City and contributing to the quality of life in communities across Toronto;

AND WHEREAS Toronto should be committed to equal access to these services, regardless of income, age or geographic location;

THEREFORE BE IT RESOLVED THAT the User Fee Committee, after having now completed the public consultation process, recommend the harmonization of all user fees for recreational services by the City of Toronto effective January 1, 1999;

AND FURTHER BE IT RESOLVED THAT the User Fee Committee recommends the elimination of all user fees for drop in programs, subscriber programs and basic instructional programs.";

(3)that the surcharge for programs and activities for participants outside the City of Toronto area be retained;

(4)that 'high needs' communities be exempt from paying user fees for specialized programs;

(5)that an access policy be considered that would ensure low income families and individuals are not penalized;

(6)that the Budget Committee be requested to consider Parks and Recreation revenues being placed in general revenues and the Parks and Recreation budget being considered outside the framework of revenues generated;

(7)that Toronto Community Council's position (November 12, 1998) that there be no User Fees in the City of Toronto be reiterated; and

(8)that the mandate of the User Fee Committee be expanded to address the issue of recreational permits with a similar comprehensive consultation process as that undertaken for user fees for recreation programs.

(ii)(December 10, 1998) from Anne Dubas, President, CUPE Local 79, opposing the introduction of user fees as it is felt that the principle of universal access will be destroyed forever with the introduction of even minimal user fees

(iii)(December 10, 1998) from the City Clerk, North York Community Council, reporting that North York Community Council, on December 10, 1998, referred the matter of Parks and Recreation User Fees and the following motions to the Chief Administrative Officer to establish a broad priority setting exercise including user fees and all other fees so that Council can collectively arrive at a decision on its priorities:

(1)Councillor Filion moved that Community Councils be allocated a per capita budget to set priorities on such areas as Parks and Recreation user fees, snow removal and garbage pick-up;

(2)Councillor King moved that:

(a)the North York Community Council supports in principle that the harmonization of user fees for Parks and Recreation programs should be revenue neutral; and

(b)the Commissioner of Economic Development, Culture and Tourism be requested to develop a clear policy for the subsidization of programs;

(3)Councillor Shiner moved that the North York Community Council supports in principle the charging of user fees for Parks and Recreation programs, except for public skating and outdoor swimming pools, and that the user fee policy also facilitate the needs of those who cannot afford such programs.

(iv)(January 12, 1999) from Ms. Maureen Boulter, Chairperson, Lakeshore Area Multi-Services Project Inc. (LAMP), requesting the Economic Development Committee to vote for Option #5 from the City's Consultation Guide.

(v)(January 12, 1999) from Ms. Jasmin Earle, Chair, The Etobicoke Brighter Futures Coalition, requesting that the Economic Development Committee support the removal of most user fees for recreation services.

(c)Employment Area Revitalization - Local Partnership Program.

The Economic Development Committee reports having deferred consideration of the report (January 4, 1999) from the Commissioner of Economic Development, Culture and Tourism and the proposed presentation from staff, to its next meeting on February12, 1999.

(January 4, 1999) from the Commissioner of Economic Development, Culture and Tourism introducing members of the Economic Development Committee to the Local Partnership Program which encompasses approaches to revitalizing retail and employment areas, and recommending this report be received for information.

(d)Uniform Policy for Leashed and Unleashed Dogs in City Parks.

The Economic Development Committee reports having forwarded the report (December 16, 1998) from the Secretary, Board of Health and related material, to the Commissioner of Economic Development, Culture and Tourism for incorporation into the report he has been previously requested to prepare on the review of off-leash areas in City parks.

(i)(December 16, 1998) from the Secretary, Board of Health for the City of Toronto Health Unit, forwarding the action of the Board of Health on December 1, 1998, in which it referred the following recommendations of Community Councils with respect to the Uniform Policy for Leashed and Unleashed Dogs in City Parks, the establishment of leash-free zones in the City and the regulation of dog walkers, to the Economic Development Committee for consideration:

From Toronto Community Council:

"(6)the following off leash hours be instituted in Jean Sibelius Park for a period of six months:

Weekdays : 7:00 a.m - 9:00 a.m. and 6:00 p.m. - 10:30 p.m.

Weekends:8:30 a.m. - 10:30 a.m. and 6:00 p.m. - 10:30 p.m.

(7)the Park Users' Committee of the Annex Residents' Association be recognized as the "dog watch community group" for the Jean Sibelius Park, as requested by City policy on leash-free areas in City parks."

From Etobicoke Community Council:

"(2)strongly supported the introduction of leash-free areas in City Parks and endorsed the Uniform Policy for Leashed and Unleashed Dogs in Parks;

(4)endorsed the Stoop and Scoop Provision of the proposed by-law and its appropriate enforcement."

From North York Community Council:

"(1)WHEREAS our recreational parks are being overrun by irresponsible dog owners who are allowing their dogs to run loose; and

WHEREAS the responsible dog owner has become increasingly fed up with the conduct of the irresponsible dog owner; and

WHEREAS the irresponsible dog owner has put the City in a very difficult situation; and

WHEREAS it has contributed in the public having less faith is trusting loose dogs; and

WHEREAS the City's enforcement of the dog loose leash by-law should become heightened;

THEREFORE BE IT RESOLVED THAT the City's Health Department carry out aggressive enforcement of the following by-laws as they relate to dogs and dog owners:

Dog loose leash, stoop and scoop, noise and biting.;

AND BE IT FURTHER RESOLVED THAT:

(1)should an offence be acknowledged by the City's Health Department, the dog owner be given written warning on a first and second offence of the by-law; and

(2)should a third offence be acknowledged by the City's Health Department, that a fine be set for the dog owner at a minimum fine of $1,000.00;

AND:

"5.Recommendation (4) embodied in the joint report (June 30, 1998) from the Commissioner of Economic Development, Culture and Tourism and the Medical Officer of Health, as amended by Clause 1 of Report No. 7 of the Community and Neighbourhood Services Committee, be amended to provide for the following:

'That the off-leash area in Sherwood Park be discontinued pending the fast track evaluation that is currently under way.';

and that this amendment also be forwarded to the Economic Development Committee;"

(ii)(November 18, 1998) from the Interim Contact, Scarborough Community Council, advising that Scarborough Community Council on November 12, 1998, made no recommendation with respect to The Uniform Policy for Leashed and Unleashed Dogs in Parks.

(iii)(October 22, 1998) from the Interim Contact, Etobicoke Community Council, forwarding the action of the Etobicoke Community Council on October 15, 1998, and advising that the Etobicoke Community Council:

(1)endorsed the following proposals of the Toronto Humane Society with respect to the draft animal care and control legislation that Toronto City Council:

(i)adopt a policy whereby all animals that are adopted from municipal pounds are micro-chipped;

(ii)adopt a policy whereby guard dogs and personal assistance dogs are micro-chipped; and

(iii)consult with a micro-chip company on the means to administer such a system;

(2)strongly supported the introduction of leash-free areas in City Parks and endorsed the Uniform Policy for Leashed and Unleashed Dogs in Parks;

(3)endorsed the recommendations of the Animal Alliance of Canada, the Animal Protection Institute, the Canadian Alliance for Furbearing Animals and Zoocheck Canada Inc. For amendments to the draft animal care and control legislation; and

(4)endorsed the Stoop and Scoop Provision of the proposed by-law and its appropriate enforcement.

(iv)(January 20, 1999) from Daniela Quaglia, Public Affairs Advisor, Toronto Humane Society, commenting that:

(1)In an urban environment, animals need exercise. Exercise has also been shown to alleviate behavioural problems. The Society believes that off-leash areas are necessary in Toronto for the health and well-being of urban animals; and

(2)The Society supports a compromise between non-pet owners and pet owners, such as designated leash free areas in City Parks and off leash hours in City Parks.

(e)Fashion Industry Liaison Committee (FILC) Membership.

The Economic Development Committee reports having adopted the report (January4, 1999) from the Commissioner of Economic Development, Culture and Tourism.

(i)(January 4, 1999) from the Commissioner of Economic Development, Culture and Tourism addressing motions moved by Councillors Brown and Moscoe, that representatives of the Etobicoke and North York garment industries be added to the membership of FILC, and recommending that this report be received for information.

(ii)(November 6, 1998) from the City Clerk, forwarding to the Economic Development Committee the action taken by City Council on October 28, 29 and 30, 1998 (Clause No. 3 of Report No. 3 of the Economic Development Committee, headed "Fashion Industry Liaison Committee Membership and 1997/1998 Activities"), and advising that Council amended the Clause by adding the following:

"It is further recommended that:

(1)Councillor Kelly be appointed to the Fashion Industry Liaison Committee as the representative of the Economic Development Committee; and

(2)the following motions be referred to the Economic Development Committee for consideration:

Moved by Councillor Brown:

'It is further recommended that a representative of the Etobicoke garment industry be added to the membership of the Fashion Industry Liaison Committee.'

Moved by Councillor Moscoe:

'It is further recommended that a representative of the North York garment district be added to the membership of the Fashion Industry Liaison Committee.'"

(f)L.B. Pearson International Airport - Development Plan.

The Economic Development Committee reports having requested that:

(1)the City's nominees to the Greater Toronto Airports Authority (GTAA) Board of Directors and appropriate GTAA staff be requested to provide an update of the Authority's activities, including progress on the Airport Development Program, at the Committee's meeting on March 26, 1999; and

(2)a copy of the report (January 5, 1999) from the Commissioner of Economic Development, Culture and Tourism be forwarded to the GTAA and Air Canada for their information.

(i)(January 5, 1999) from the Commissioner of Economic Development and Culture, providing a summary of the key issues related to the dispute between the Greater Toronto Airports Authority and Air Canada in regard to the Airport Development Plan, and recommending that the Economic Development Committee:

(1)request the City's nominees to the Greater Toronto Airports Authority (GTAA) Board, and appropriate GTAA staff, to provide an update of the Authority's activities, including progress on the Airport Development Program, at the Committee's meeting on February 12, 1999; and

(2)forward a copy of this report to the GTAA and Air Canada for their information.

(ii)(November 16, 1998) from the Senior Vice President, Corporate Affairs and Government Relations, Air Canada addressed to Councillor Rob Davis, advising that Air Canada does not support the redevelopment plan in its present form and recommending that the Greater Toronto Airport Authority (GTAA) develop a cost-effective development plan for Pearson that promotes growth, creates jobs in the Greater Toronto Area, keeps air travel affordable for everyone, and establishes Pearson International Airport as a major North American hub.

(iii)(November 20, 1998) from Mr. Louis A. Turpen, President and Chief Executive Officer, Greater Toronto Airports Authority, addressed to Mr. R. Lamar Durrett, President and Chief Executive Officer, Air Canada Centre 271, forwarding comments regarding the "scope and cost" of the Airport Development Program (ADP).

(g)Company Expansion - I D M D Manufacturing Inc., 45 Progress Avenue, Ward 15, Scarborough City Centre.

The Economic Development Committee reports having adopted the report (January6, 1999) from the Commissioner of Economic Development, Culture and Tourism.

(January 6, 1999) from the Commissioner of Economic Development, Culture and Tourism providing an overview of the proposed I D M D Manufacturing Inc. 106,000 sq. ft. facility space expansion in the City of Toronto, and recommending that this report be received for information.

(h)Yards Rationalization Update.

The Economic Development Committee reports having requested that the report on this matter be submitted to the Committee's next meeting on February 12, 1999.

Report from the Commissioner of Economic Development, Culture and Tourism was not available at the meeting.

(i)Company Relocation - Clean Wear Products Ltd., 54 Crockford Blvd., Ward 14, Scarborough Wexford.

The Economic Development Committee reports having:

(1)adopted the report (January 4, 1999) from the Commissioner of Economic Development, Culture and Tourism; and

(2)requested the Commissioner of Economic Development, Culture and Tourism to make available to the Committee in the future similar information by way of composite reports.

(January 4, 1999) from the Commissioner of Economic Development, Culture and Tourism

reviewing and highlighting the activities of Clean Wear Products Ltd. and the Division's working relationship with the real estate industry and the manufacturing community in Toronto, and recommending that this report be received for information.

(j)"Thank You Toronto/Ontario" Campaign.

The Economic Development Committee reports having adopted the report (January4, 1999) from the Commissioner of Economic Development, Culture and Tourism.

(January 4, 1999) from the Commissioner of Economic Development, Culture and Tourism

recommending that this report be received.

(k)Proposed Bank Mergers Update.

The Economic Development Committee reports having adopted the report (January5, 1999) from the Commissioner of Economic Development, Culture and Tourism.

(January 5, 1999) from the Commissioner of Economic Development, Culture and Tourism

reporting on the decision of the Minister of Finance on the proposed bank mergers and recommending that:

(1)staff continue to monitor this issue and report to the Economic Development Committee as required; and

(2)Economic Development Committee establish an ongoing forum with the financial services sector including all of the major banks in Toronto, to address the issues surrounding the structural and technological changes occurring domestically and nationally in the financial services industry. These forums will provide input to the City's Economic Development Strategy Plan.

________

(Councillor Pitfield, declared her interest in the foregoing report in that her husband is employed by one of the major banks.)

(Councillor Pitfield, at the meeting of City Council on February 2, 3 and 4, 1999, declared her interest in Item (k), headed "Proposed Bank Mergers Update", embodied in the foregoing Clause, in that her husband is employed by one of the major banks.)

Respectfully submitted,

BRIAN ASHTON

Chair

Toronto, January 25, 1999

(Report No. 1 of the Economic Development Committee, including an addition thereto, was adopted, as amended, by City Council on February 2, 3 and 4, 1999.)