Encroachment - Apotex Inc. - Ormont Drive, Garyray Drive,
Weston Road - Underground Utility -
North York Humber
The North York Community Council recommends the adoption of the following report (May 13, 1998) from the
Deputy Commissioner of Public Works, North York Civic Centre; that the proposal respect the FCM model
agreement; and that the agreement be negotiated through the local councillors.
Purpose:
The purpose of this report is to obtain Council=s authority to enter into negotiations toward an agreement with Apotex Inc.
to permit the installation, ownership and maintenance of underground fibre optic conduits by Apotex Inc. within the Public
Road Allowance at various locations.
Recommendations:
It is recommended that:
(1)the City be authorized to enter into negotiations with Apotex Inc. toward an agreement to permit the installation,
ownership and maintenance of underground fibre optic conduits within the public road allowance at various locations; and
(2)the appropriate City officials report back to Council upon conclusion of the negotiations.
Background:
Apotex Inc. is in the process of upgrading their communications system in the Weston Road and Finch Avenue area
among its various buildings and they are requesting permission to install, own and maintain underground fibre optic cables
and conduits within the road allowance. Currently the conduits and some cables are in place and were installed by Bell
Canada in early 1998 by Permit No. CP 00755. The conduits and cables are presently owned and maintained by Bell
Canada. If approved, Apotex Inc. would make the arrangements to have the exclusive ownership transferred
to them from Bell Canada. Future installations and road crossings will be necessary to complete this project.
The Apotex Inc. buildings involved in the communication network in this application are located at 440 Garyray Drive,
4100 Weston Road, 400 Ormont Drive, 150 Ormont Drive and 150 Signet Drive.
The existing and proposed works within the Road Allowance as requested by Apotex Inc. is as follows:
a)road crossing on Ormont Drive along west side of Weston Road and within public boulevard on Weston Road;
b)road crossing on Ormont Drive just east of Weston Road and within public boulevard on Ormont Drive and east side of
Weston Road;
c)road crossing on Ormont Drive from 150 Signet Drive to 400 Ormont Drive;
d)road crossing on Ormont Drive from south side of Ormont Drive;
e)road crossing on Signet Drive along north side of Ormont Drive;
f)road crossing on Signet Drive along south side of Ormont Drive;
g)road crossing on Garyray Drive from south side to 440 Garyray Drive;
h)public boulevard along north side of Ormont Drive from 400 Ormont Drive to 150 Ormont Drive; and
i)public boulevard along south side of Ormont Drive from 150 Signet Drive to south side of 150 Ormont Drive.
Currently, the former City of North York has no agreements with any private companies to install, own and maintain
private installations within the Public Road Allowance. Request for such services are provided by utility companies like
Bell Canada, Consumers Gas, Toronto (North York) Hydro and Rogers Cablesystems. However, the former City of
Toronto has allowed private installations within the public road allowance and has treated such arrangements as
encroachments.
This Department has identified several issues such as liability, cost recovery, location of services, etc. which would have to
be negotiated in an agreement with respect to private installations.
Conclusion:
Provided that these issues can be addressed to the satisfaction of the Commissioner of Works and Emergency Services and
City Solicitor in an agreement to be negotiated between Apotex Inc. and the City, this Department would have no objection
to allowing Apotex Inc. to own, install and maintain their communication plant within the road allowance as an
encroachment.
Contact Name and Telephone Number:
Stan Bertoia, P. Eng., Director of Engineering
Tel. No. (416) 395-6235
