March 2, 2000
To: East York Community Council
From: Joe Halstead, Commissioner Economic Development, Culture and Tourism
Subject: Location filming on Coxwell Avenue
East York
Purpose:
To respond to East York Community Council's request to the Commissioner of Economic Development, Culture and
Tourism to report on location filming in the Coxwell - O'Connor area. (Report No. 18 of the East York Community
Council, as adopted by the Council of the City of Toronto at its meeting held on November 25, 26 and 27, 1998).
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
Recommendations:
It is recommended that:
(1) that pending the full amalgamation of the film services of the City, the Works and Emergency Services Department,
Transportation Services Division, Right of Way Management, District 1 East (East York CC) issue location filming
permits in accordance with amalgamated By-Law 170-1999 and follow the Filming Guidelines and Code of Conduct
adopted at Toronto City Council April 9, 1999.
Background:
As a result of deputations to the East York Community Council by Mr. Peter Scaiff of the Coxwell O'Connor Business and
Professional Association, East York and Mr. John Papadakis, East York the Commissioner of Economic Development,
Culture and Tourism was asked to report on six conditions:
(a) the feasibility of conducting a separate poll of local merchants and residents who will be affected by filming in a
business area;
(b) the establishment of a compensation process that would take into account the loss of business suffered by the local
merchants as a result of filming;
(c) in the interim, no further filming take place on Coxwell Avenue unless local businesses have been polled separately
from the residential area and that the filming permit reflects that such consultation has taken place;
(d) that, whenever possible, all affected residents and businesses be notified 5 days in advance of filming and the minimum
notification period be 48 hours;
(e) that, where feasible, film companies be requested to park their vehicles in a parking lot rather than using the parking
spaces outside of local businesses; and
(f) that filming companies be requested to carry out filming during off-peak business hours or on Sundays when the local
merchants are closed for business.
To date, filming permits for roads, parks and municipal properties located within the boundaries of the former
municipalities (excluding the former City of Toronto) are issued by various departmental district offices. A location filming
permit for the portion of Coxwell Avenue named in East York Community Council's report would have been, and still is,
issued by staff of the Works & Emergency Services Department, Transportation Services - District 1 East. Staff of the
Toronto Film and Television Office issue filming permits only for those locations situated within the boundaries of the
former City of Toronto. The East York Community Council report has been forwarded to the Economic Development
Division for comment as there are no staff in place at present to deal with filming related issues and concerns in that area.
Comments:
Toronto ranks third in film and television production in North America. We are the second largest exporter of television
product. The film and television industry was one of the few that showed growth during the recent recession. The industry
supports 28,800 jobs in the City, 35,000 in the Province. Toronto has become a production centre which is able to provide
the industry with an entire range of services and facilities from pre-production to post-production. The availability of
facilities, crew, and suppliers and the favourable exchange rate and labour tax credits at the provincial and federal levels
ensure continued production in Toronto. The Film and Television industry is an important economic sector in Toronto. In
1999, the Toronto Film and Television Office issued 3,505 location filming permits for a total of 1,177 new projects and
8,747 shooting days. A total of $1.2 Billion dollars was spent in by production companies filming in Toronto.
The Toronto Film and Television Office was established in 1979 and issues location filming permits for streets under its
jurisdiction. Through the amalgamation process of creating our new City, there are still areas that are in the process of
harmonizing their services; film permitting services is one of those areas. Location filming permits are, for the time being,
still issued under the former City and Metropolitan Toronto authorities. The Toronto Film and Television Office is
currently undergoing an operational review. City Council approved the new Code of Conduct for Cast and Crew last year
along with a revised set of guidelines for filming in the City of Toronto. Other areas that are still under review are policing
and by-law enforcement. It is our objective to have one office responsible for film permitting across the new City, which
will improve service
Each year, through the efforts of the 'Thank You Toronto/Ontario' campaign, funds are raised by the film, television and
commercial production industry and donated to communities that have welcomed location crews into their neighbourhoods.
The annual campaign communicates the gratitude of the industry for the on-going co-operation and support shown by the
public. Mayor Lastman proclaimed Monday, January 31st, 2000, 'Thank You Toronto' Day and a total of $27,000.00 in
industry funded cash donations were awarded to 20 charitable organizations in former City of Toronto Wards 20, 24, and
25, the wards that showed the highest volumes of filming activities in 1999 (Attachment No. 4). Relatively speaking, the
number of filming occurrences on Coxwell Avenue is small by comparison. In 1999, the former Borough of East York,
reported a total of 51 film events, 39 on Borough streets and 12 in Borough Parks (Attachment No. 5).
The Filming Guidelines (Attachment No. 1) were developed to take into account, the concerns of affected Residents,
Occupants and Businesses in areas where location filming takes place.
Questions raised in Report 18 of the East York Community Council, as adopted by the Council of the City of Toronto at its
meeting held on November 25, 26 and 27, 1998:
(a) "the feasibility of conducting a separate poll of local merchants and residents who will be affected by filming in a
business area."
Guidelines number four and six focuses on a community notification process which takes into account 100% of all affected
properties be they zoned residential, commercial or mixed use.
(b) "the establishment of a compensation process that would take into account the loss of business suffered by the local
merchants as a result of filming."
Guideline number eight addresses 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."
If filming does cause a disruption, the policy that production companies currently employ is to discuss loss of business in
advance of filming. Per guideline number four; the Film Company must notify affected residents, occupants, and
businesses, in advance of filming. Once the letter of notification is delivered, affected parties can determine the need to
contact the Production Company and enter into negotiation for compensation. Receipts accompanying any claims of
compensation should reflect revenue from past comparable business days. For instance if a production company films on a
Monday, receipts for the same day of the week for an agreed period preceding filming are produced. This method is
considered a fair process as direct loss of revenues can differ from one business to it's neighbouring business or indeed,
geographical district where a particular business is located. (It should also be noted that not all film companies have large
production budgets. A compensation process could be viewed as restrictive to lower budgeted films). In some cases, where
receipts from a similar period of the previous year showed a negative impact, film companies have compensated individual
businesses.
(c) "in the interim, no further filming take place on Coxwell Avenue unless local businesses have been polled separately
from the residential area and that the filming permit reflects that such consultation has taken place."
The former Borough of East York instituted a filming restriction on Coxwell Avenue between O'Connor Drive and Plains
Avenue in 1998, "unless local businesses have been polled separately from the residential areas and that the filming permit
reflects that such consultation has taken place". Since that time, only one occurrence of filming has taken place, with the
consent of area retailers.
The Filming Guidelines approved by City Council in April 1999, limits filming in residential areas to two occasions per
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 (reference guideline 6 in Attachment No. 1). There is
no limit to the amount of filming conducted in commercially zoned areas. In some cases, moratoria have been placed on
locations in the City to "cool" areas off.
(d) "that, whenever possible, all affected residents and businesses be notified 5 days in advance of filming and the
minimum notification period be 48 hours."
The timelines for Submission of Application to the Toronto Film and Television Office is not less than two business days
in advance of filming. Filming that includes but is not limited to road closures, multi-lane closures, and special effects
requires at least four days notice. Such timeframes have been developed to both accommodate neighbourhoods and the
industry. They have been effective over the 20 year history of the TFTO.
(e) "that, where feasible, film companies be requested to park their vehicles in a parking lot rather than using the parking
spaces outside of local businesses."
The policy of the Toronto Film and Television Office is to only permit "essential" production vehicles on City streets.
Wherever possible, location managers are advised to seek parking in available parking lots.
(f) "that filming companies be requested to carry out filming during off-peak business hours or on Sundays when the local
merchants are closed for business."
Film companies do take into consideration the position that filming during off-peak business hours or on Sundays has less
of an impact on retailers. Due to actor availability, scheduling of equipment and crew including labour contracts, this is not
always possible.
Conclusions:
The final report of the Operational Review, conducted by independent consult The Randolph Group, recommends that the
Toronto Film and Television Office develop a community liaison program. It states "Toronto has enjoyed tremendous
success with the film industry which has resulted in numerous benefits. However, with this success have come concerns on
the part of the citizens and businesses in areas of the City where there have been film "burnout's". Residents and businesses
in parts of the City where filming is almost a constant occurrence, are becoming increasingly upset about the City's filming
policies. The TFTO must take a leadership position in seeking community input and providing information on the film
industry in Toronto, so that these concerns can be addressed. A harmonized City film office provides an excellent vehicle
to develop a consultation process for meeting with community groups and businesses to discuss areas of common interest
and concern. These meetings should begin in the most filmed areas of the City and extend to all parts of the City over
time." The intent is that these meetings will help to alleviate on location filming problems before they occur.
One of the biggest and most common concerns expressed by many, relates to the lack of monitoring and enforcement once
a film permit has been issued. The lack of enforcement means that there is no checking to see whether the film shooting is
in compliance with the permit which has been issued. Often problems with vehicle parking, timing of filming, lighting, etc.
are the result of non-compliance with the permit and of the Council approved Code of Conduct for Cast and Crew. The
lack of enforcement capability is a growing concern given the volume of filming in Toronto today. There is a need to
ensure that all filming is taking place in accordance with approved permits.
Permits are issued after a great deal of co-ordination and approvals with City staff, residents and businesses. Last year $1.2
billion was brought into the community helping to support many of Council's initiatives. More than 32,000 people rely on
the industry for their livelihood.
Competition is fierce and this industry is mobile. It is imperative that we all work together, business, residents and
filmmakers to create a positive atmosphere to ensure that community concerns are respected and resolved and so that
producers will continue to work in Toronto.
Contact:
Brenda Librecz
Managing Director Economic Development
Tel: 397-4700
Fax: 397-5332
blibrecz@toronto.ca
Joe Halstead
Commissioner, Economic Development, Culture and Tourism
List of Attachments:
Attachment No. 1 - Filming guidelines
Attachment No. 2 - Code of Conduct
Attachment No. 3 - Conditions for Filming on Roads Under the Jurisdiction of the City of Toronto, East York Community
Attachment No. 4 - Chart showing Thank You Toronto/Ontario Campaign - 1999
Attachment No. 5 - Chart showing number of permits by Former Jurisdiction - 1999
Attachment No. 6 - Correspondence to the Managing Director, Economic Development - November 30, 1998
Attachment No. 7 - E-mail correspondence from Jasmine Stein, Solicitor, Corporate Services, Legal Division
