GENERAL PRINCIPLES
Cities should not have to seek provincial permission to do municipal things.
A key goal of a City Charter will be to give the city the authority to act independently of the province on matters within the municipal sphere and without having to go to the province for permission to make decisions.
The city will be recognized as a mature level of government in its own right with the authority to act on its own on purely city matters.
The city will be recognized as a mature level of government in its own right with the authority to act on its own on purely city matters.
Any powers for the city that are outlined in the charter should be interpreted in the broadest possible way. However, Toronto remains a part of the province and therefore, the city will be subject to all provincial and federal legislation of general province-wide application. Where that legislation is contrary to the City Charter, the Charter will prevail. As well, the city should be entitled, using its own money, to increase or enhance any program or service standards set by the province or the federal government. |
There may be situations where powers over some aspect of city life has never been allocated to either the city or the province, particularly if the subject is a new one, not previously contemplated.
Ride-sharing and short-term rentals are two recent examples. In any such cases, the city should have jurisdiction over any such matters in the municipal sphere even without a specific amendment to the City Charter. Settling Disputes Despite everyone’s best efforts, there are bound to be disputes about the meaning of some sections of the charter, or about activities of the province or the city which either party objects to. In such cases, there should be an agreement to seek a resolution of the dispute by discussion and negotiations. |
If the disagreement persists the Arbitration Act should be used. It is very much hoped that parties will not take their disputes to the courts for resolution.
Starting PointAs a starting point, jurisdictions already allotted to the city under the City of Toronto Act will be exclusive powers of the city.
These include such things as: • licensing and standards
• economic development • water and waste services • fire services • paramedic services • emergency management • long-term senior care • children's services • shelters • court services • parks and recreation • urban forestry • parking enforcement • and others. Where there is any conflict between the City of Toronto Act and the City Charter, the Charter will prevail.
The Charter will also return the powers taken from the city in 2018 to make decisions over the form and structure of its own governance. |
Exclusive JurisdictionsThe charter will recognize exclusive city jurisdictions in which the city has the irrevocable and sole authority to act alone, without provincial oversight or approval.
Essentially, any issue that affects only the city, or which applies only within the boundaries of the city will be the exclusive authority of the city. We propose five core areas should be included in the first version of a City Charter for Toronto. • Land Use Planning
• Streets • Housing • Local Transit • Taxation To guard against corruption and to ensure citizens have confidence in the city government, the city will be responsible, as it is now, to maintain oversight offices such as a city Ombud, Auditor, Integrity Commissioner, Lobbyist Registrar.
For a fuller discussion of taxation, see the section of website on City Resources. |
Shared JurisdictionsRecognizing that there are some areas that overlap municipal
boundaries or which require a co-operative and co-ordinated response, the Charter will continue or establish areas of shared jurisdiction with the province. These areas of shared jurisdiction could include: • Environment • Health and Public Health • Immigrant Settlement • Policing • the Waterfront • and others. The rules and parameters for the exercise of such shared
authorities will be clearly delineated in the City Charter, including the role each level of government will play and the resources they will bring to the table. Areas of critical oversight would be shared responsibilities, for example, oversight of policing through institutions such as the SIU and OIPRD. |
EXCLUSIVE CITY JURISDICTIONS
Land Use PlanningLand use planning concerns all aspects of property development – rezoning, Official Plans, land severance, committee of adjustment and others.
Currently, most land use matters require approval by a provincial body, so that City Council is not in the position of being able to make final decisions. Ontario is one of the few provinces that does not allocate land use responsibilities solely to municipalities. |
• The city should have the exclusive power to deny, approve, or place restrictions on any land use planning application including Official Plans, zoning and rezoning, subdivisions, minor and major variances, and severance consents, without requiring the approval of any provincial body.
• To ensure Council decisions are appropriate and in keeping with the public interest, land use decisions should be reviewed by an independent, city-appointed body and its decision, after a fair hearing, will be reported to Council for a final determination. The city should be given the authority to establish and fund such an independent body.
• The city should be given the exclusive authority to establish and enforce development and intensification conditions such as minimum and maximum densities, heights, development charges, brown-field development goals, and controls to protect heritage and cultural features of structures and areas.
• To ensure Council decisions are appropriate and in keeping with the public interest, land use decisions should be reviewed by an independent, city-appointed body and its decision, after a fair hearing, will be reported to Council for a final determination. The city should be given the authority to establish and fund such an independent body.
• The city should be given the exclusive authority to establish and enforce development and intensification conditions such as minimum and maximum densities, heights, development charges, brown-field development goals, and controls to protect heritage and cultural features of structures and areas.
Streets
Many of the regulations and restrictions the city wishes to place on streets – stoplights, or the use of traffic wardens, for example - require provincial approval.
This creates unnecessary duplication and expense and there’s no good reason to think that provincial officials have a better handle on local traffic conditions than city officials. • The city should have the exclusive power to regulate the sidewalks, lanes, bicycle lanes, streets, roadways and non-provincial highways within its boundaries, including road design and construction, speed limits, traffic calming, congestion and climate change strategies, signals and signage, tolls, cameras, road closures, vehicle restrictions and all other traffic measures. |
Housing
The city has a great interest in housing supply and conditions, including temporary housing, housing the homeless, social and affordable housing, and rental housing. It’s not clear that the city has the power to exercise control over all these matters. There is also the problem of funding social and affordable housing: this can be done through cost-sharing programs but preferably, if the city secures the needed revenue tools, through its own financial resources. |
• The city should have the exclusive power to provide and regulate affordable and social housing, including setting rent/income levels.
• The city should have the power to enter into cost-sharing arrangements with private and public agencies, other municipalities, Ontario and Canada for the provision of social and affordable housing.
• The city should have the power to enter into agreements, including loans and mortgages, with various parties regarding the provision of social and affordable housing and to require certain levels of social and affordable housing be achieved in developments.
• The city should have the exclusive authority to provide temporary housing accommodation for immigrants and refugees, and for the homeless.
• The city should have the authority to control the demolition and conversion of rental housing, to control residential tenancies, to establish rent controls and to regulate short-term rentals.
• The city should have the power to enter into cost-sharing arrangements with private and public agencies, other municipalities, Ontario and Canada for the provision of social and affordable housing.
• The city should have the power to enter into agreements, including loans and mortgages, with various parties regarding the provision of social and affordable housing and to require certain levels of social and affordable housing be achieved in developments.
• The city should have the exclusive authority to provide temporary housing accommodation for immigrants and refugees, and for the homeless.
• The city should have the authority to control the demolition and conversion of rental housing, to control residential tenancies, to establish rent controls and to regulate short-term rentals.
Local Transit
Since the early 1920s, the city has always been a leader in public transit serving city and neighbouring residents. In the late 1940s it undertook the construction of Canada’s first subway without provincial subsidies, using the surpluses produced by the transit system during the Second World War. Transit fares provide the majority of the TTC’s revenue base, unlike other North American cities which receive much higher levels of government subsidies.
Despite the lack of support, the Toronto Transit Commission has often been voted as the best transit system in North America, an accolade bestowed as recently as 2017. Funding problems have hobbled the transit system as it was expanded to serve the lower density suburban areas of Metro Toronto from the mid-1970s. At that time, the city was supported by provincial subsidies for both operating and capital expenditures. But those arrangements meant the province had a major say in how transit would be structured and designed in the city, and often their demands did not advance the cause of good public transit or reflect Toronto’s priorities. |
More recently, the province has decided that it will take over parts of the transit system. Serious questions have been asked about what the province’s plans entail and whether this change will be of any benefit to transit riders in the city. The system today integrates subways, buses, streetcars and LRTs into a fully-integrated network, providing advantages that could be lost if the system were to be split between multiple owners.
The best people to decide Toronto’s transit needs are transit users, city officials and city politicians accountable to city voters, not provincial officials and politicians, many of whom do not live in Toronto or use the TTC.
• The city should have the exclusive authority to provide and regulate public transit in the city. This should include Wheel-Trans, buses, streetcars, light rail transit, subways, other transit conveyances and ancillary properties including Union Station (which the city now owns.)
• The city should have the authority to enter into agreements with other municipalities and/or transit agencies in the GTA, the province and Canada to provide and improve service, share costs, and to create a seamless regional transit system.
The best people to decide Toronto’s transit needs are transit users, city officials and city politicians accountable to city voters, not provincial officials and politicians, many of whom do not live in Toronto or use the TTC.
• The city should have the exclusive authority to provide and regulate public transit in the city. This should include Wheel-Trans, buses, streetcars, light rail transit, subways, other transit conveyances and ancillary properties including Union Station (which the city now owns.)
• The city should have the authority to enter into agreements with other municipalities and/or transit agencies in the GTA, the province and Canada to provide and improve service, share costs, and to create a seamless regional transit system.
EXAMPLES OF SHARED JURISDICTIONS
Health
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LHINs were given control over all health expenditures at the local level, including hospitals, and were governed by provincially appointed boards. The province is now moving back to a more centralized health governance system without important local input and decision-making.
The province has also announced its intention to substantially reduce allocations to public health matters, even though a robust public health system is thought to be the optimal way to contain health expenditures through improving social factors which lead to good health outcomes.
It's recognized that some health matters involve shared jurisdictions in decision-making and expenditures, particularly in the field of public health. The COVID-19 pandemic has highlighted the need for much more clarity around who is responsible for what in the public health sphere, including preparing for emergencies, the division of emergency powers and in particular whether a city can go beyond measures ordered by the province, the personal liability of public health officials in making emergency orders, budgets and other aspects of this important subject area.
• The city should be given exclusive powers and functions similar to those provided to a Local Heath Integration Network.
• The city should have the authority to enter into agreements with the province for coordinating health issues and spending within the city.
* To the degree that responsibility for health matters are shared between the province and the city, a clear delineation of responsibilities and resources will ensure clarity of decision-making and best use of resources.
The province has also announced its intention to substantially reduce allocations to public health matters, even though a robust public health system is thought to be the optimal way to contain health expenditures through improving social factors which lead to good health outcomes.
It's recognized that some health matters involve shared jurisdictions in decision-making and expenditures, particularly in the field of public health. The COVID-19 pandemic has highlighted the need for much more clarity around who is responsible for what in the public health sphere, including preparing for emergencies, the division of emergency powers and in particular whether a city can go beyond measures ordered by the province, the personal liability of public health officials in making emergency orders, budgets and other aspects of this important subject area.
• The city should be given exclusive powers and functions similar to those provided to a Local Heath Integration Network.
• The city should have the authority to enter into agreements with the province for coordinating health issues and spending within the city.
* To the degree that responsibility for health matters are shared between the province and the city, a clear delineation of responsibilities and resources will ensure clarity of decision-making and best use of resources.
Immigrant and Refugee SettlementMore than 75 per cent of the immigrants and refugees coming to Ontario between 2011 and 2016 settled in the Toronto area.
As Toronto City Council recently learned, it does not have the resources to ensure that they are adequately housed. There are also strains on programs related to teaching English as a Second Language, job training, and as well as other resettlement needs. Successful immigrant settlement is important to the health and vibrancy of the city. |
It is recognized that these activities involve shared decision-making and shared funding.
Given that the city already plays a large role in providing many of the services required by newcomers, such as housing, social assistance and counselling, it makes sense for the city to be the lead and coordinating agency for newcomer settlement.
• The city should have the power to enter into agreements with the provincial and federal government to ensure it has the financial tools and ability to help immigrants and refugees to integrate into the city.
• The city must be involved as a partner with the provincial and federal governments in discussions about immigration and refugee levels and strategies.
Given that the city already plays a large role in providing many of the services required by newcomers, such as housing, social assistance and counselling, it makes sense for the city to be the lead and coordinating agency for newcomer settlement.
• The city should have the power to enter into agreements with the provincial and federal government to ensure it has the financial tools and ability to help immigrants and refugees to integrate into the city.
• The city must be involved as a partner with the provincial and federal governments in discussions about immigration and refugee levels and strategies.
chartercitytoronto@gmail.com