Meeting #:

Date:

Friday, October 07, 2022 at 9:30 A.m. - 1:30 P.m.

Location:

The meeting will be conducted via a video conference

Members of the public may view the livestream at the following link:

https://video.isilive.ca/trca/live.html

PRESENT

• Jennifer Innis, Chair
• Jack Heath, Vice Chair
• Dipika Damerla
• Joanne Dies
• Paula Fletcher
• Xiao Han
• Gordon Highet
• Linda Jackson
• Maria Kelleher
• Anthony Perruzza

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1.

ACKNOWLEDGEMENT OF INDIGENOUS TERRITORY

The Chair recited the Acknowledgement of Indigenous Territory.

2.

DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

3.

MINUTES OF MEETING #5/22, HELD ON SEPTEMBER 9, 2022

• RES.#B 82/22
  Moved By: Jack Heath
  Seconded By: Joanne Dies

  THAT the Minutes of Meeting #5/22, held on September 9, 2022, be approved.

  
  
  
  Carried

7.

SECTION I - ITEMS FOR BOARD OF DIRECTORS ACTION

7.1

AGRICULTURAL LEASE RENEWAL - FORMER WILSON AND SPEIRS PROPERTY

• RES.#B 83/22
  Moved By: Jack Heath
  Seconded By: Joanne Dies

  THE EXECUTIVE COMMITTEE RECOMMENDS THAT WHEREAS TRCA received a request from Mr. Roy Westlake to renew an agricultural lease agreement on land located east of Humber Station Road and south of Castlederg Sideroad, being Part of Lots 12 and 13, Concession 5, Town of Caledon, Regional Municipality of Peel, Humber River watershed;

  THEREFORE LET IT BE RESOLVED THAT TRCA renew Mr. Westlake’s lease agreement for 15.74 hectares (38.91 acres), more or less, of land, being Part of Lots 12 and 13, Concession 5,Town of Caledon, Regional Municipality of Peel;

  THAT the lease with Mr. Westlake is subject to the following terms and conditions:

  1. 1-year lease; annual renewal over the next four years at TRCA’s sole option;
  2. consideration is $3,783 per annum, plus HST. Annual increases are subject to farmland appraisal review;
  3. tenant is responsible for construction and agricultural operation approvals;
  4. tenant is responsible for all development and agricultural operation costs;
  5. tenant is responsible for all costs associated with removing any fixtures/infrastructure placed on the lands, at the end of the term, and to TRCA’s satisfaction;
  6. tenant is required to obtain and pay for necessary licenses and permits, and comply with all applicable laws, rules, and regulations governing farm operations or anything in connection therewith; and
  7. any other terms and conditions TRCA deems appropriate.

  AND FURTHER THAT authorized TRCA officials are directed to finalize the transaction, including obtaining necessary approvals, signing, and executing documents.

  
  
  
  Carried

7.2

AGRICULTURAL LEASE RENEWAL - FORMER GILLAN PROPERTY

• RES.#B 84/22
  Moved By: Jack Heath
  Seconded By: Joanne Dies

  THE EXECUTIVE COMMITTEE RECOMMENDS THAT WHEREAS TRCA received a request from Ms. Susan Rasmussen to renew an agricultural lease agreement on land located south of Coolihans Sideroad and east of Glen Haffy Road, being Part of Lot 35, Concession 2, Town of Caledon, Regional Municipality of Peel, Humber River watershed;

  THEREFORE LET IT BE RESOLVED THAT TRCA renew Ms. Rasmussen’s lease agreement for 5.67 hectares (14.02 acres), more or less, of land, being Part of Lot 35, Concession 2, Town of Caledon, Regional Municipality of Peel;

  THAT the lease with Ms. Rasmussen is subject to the following terms and conditions:

  1. 1-year lease; annual renewal over the next four years at TRCA’s sole option;
  2. consideration is $1,547 per annum, plus HST. Annual increases are subject to farmland appraisal review;
  3. tenant is responsible for construction and agricultural operation approvals;
  4. tenant is responsible for all development and agricultural operation costs;
  5. tenant is responsible for all costs associated with removing any fixtures/infrastructure placed on the lands, at the end of the term, and to TRCA’s satisfaction;
  6. tenant is required to obtain and pay for necessary licenses and permits, and comply with all applicable laws, rules, and regulations governing farm operations or anything in connection therewith; and
  7. any other terms and conditions TRCA deems appropriate.

      

  AND FURTHER THAT authorized TRCA officials are directed to finalize the transaction, including obtaining necessary approvals, signing, and executing documents.

  
  
  
  Carried

7.3

ACQUISITION FROM 31, 33, 35, 37, 39 LAKELAND DRIVE, TORONTO

• RES.#B 85/22
  Moved By: Jack Heath
  Seconded By: Gordon Highet

  THE EXECUTIVE COMMITTEE RECOMMENDS THAT 0.02808 hectares (0.0694 acres), more or less, of vacant land, located south of Lakeland Drive and south of Kipling Avenue, said land being Part of Lots 136, 137 & 138, municipally known as 31, 33, 35, 37, 39 Lakeland Drive, in the , be acquired from the landowners under the Greenspace Acquisition Project 2021-2030 and the Erosion Risk Management Program;

  THAT 0.004719 ha (0.01166337 ac), more or less, of vacant land, located at the rear of 31 Lakeland Drive, said land being Part of Lot 136, designated as Part 3 on draft R-Plan by Ertl-Hunt Surveyors under job number 21623 part of PIN 07349-0056 (LT), located at the rear of 31 Lakeland Drive, be purchased from Vaishaliben Patel and Keyurkumar Patel; 

  THAT 0.005789 ha (0.0143074 ac), more or less, of vacant land, located at the rear of 33 Lakeland Drive, said land being Part of Lot 136, designated as Part 3 on draft R-Plan by Ertl-Hunt Surveyors under job number 21623, part of PIN 07349-0055 (LT), located at the rear of 33 Lakeland Drive, be purchased from Carlos Dacres and Marsha Dacres; 

  THAT 0.00576 ha (0.01423327 ac), more or less, of vacant land, located at the rear of 35 Lakeland Drive, said land being Part of Lot 137, designated as Part 3 on draft R-Plan by Ertl-Hunt Surveyors under job number 21623, part of PIN 07349-0054 (LT), located at the rear of 35 Lakeland Drive, be purchased from Clovis George Francis and Pearlin Francis; 

  THAT 0.00425 ha (0.01050198 ac), more or less, of vacant land, located at the rear of 37 Lakeland Drive, said land being Part of Lot 137, designated as Part 3 on draft R-Plan by Ertl-Hunt Surveyors under job number 21623, part of PIN 07349-0053 (LT), located at the rear of 37 Lakeland Drive, be purchased from Tome Romas and Aliki Romas; 

  THAT 0.00736 ha (0.01818696 ac), more or less, of vacant land, located at the rear of 39 Lakeland Drive, said land being Part of Lot 138, designated as Part 3 on draft R-Plan by Ertl-Hunt Surveyors under job number 21623, part of PIN 07349-0052 (LT), located at the rear of 39 Lakeland Drive, be purchased from Arnoldo Cesar Bustos and Maria Julia Bustos;

  THAT the purchase price for each of the parcels of land at 31, 33, 35, 37, 39 Lakeland Drive, City of Toronto, be $2.00;

  THAT Toronto and Region Conservation Authority (TRCA) receive conveyance of the lands at 31, 33, 35, 37, 39 Lakeland Drive, City of Toronto, free from encumbrance, subject to existing service easements;

  THAT the transaction completed at the earliest possible date and all reasonable expenses incurred incidental to the closing for land transfer tax, legal costs, and disbursements are to be paid by TRCA;

  AND FURTHER THAT authorized TRCA officials be directed to take the necessary action to finalize the transaction, including obtaining any necessary approvals and the signing and execution of documents.

  
  
  
  Carried

7.4

TRCA REAL PROPERTY PORTFOLIO SURPLUS LAND STRATEGY

• RES.#B 86/22
  Moved By: Jack Heath
  Seconded By: Xiao Han

  IT IS RECOMMENDED THAT TRCA Real Property Portfolio Strategy report be endorsed;

  AND THAT TRCA staff provide updates to the Board on a biennial basis.

  
  
  
  Carried

7.5

SERVICE LEVEL AGREEMENTS FOR INFRASTRUCTURE PLANNING AND PERMITTING PLAN REVIEW SERVICES

• RES.#B 87/22
  Moved By: Jack Heath
  Seconded By: Gordon Highet

  WHEREAS Toronto and Region Conservation Authority (TRCA) is a conservation authority established under the Conservation Authorities Act (“Act”) with a permitting jurisdiction related to the control of flooding, erosion, dynamic beaches, pollution and the conservation of land, including conditions or circumstances that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property;  

   

  AND WHEREAS TRCA works collaboratively with provincial and other public and private agencies undertaking infrastructure and utility projects to support approved growth and development in areas under TRCA’s permitting jurisdiction; 

   

  AND WHEREAS TRCA has over the years entered into various Service Level Agreements (SLAs) with provincial and other agencies for infrastructure planning and permit review services, including permit and voluntary permit review services for agencies that are exempt from the Act, alongside review and advisory services in respect of Environmental Assessment Act and Planning Act applications; 

   

  AND WHEREAS although these services are related to mandatory programs and services under the Act (Category 1), the services provided under the SLAs fall under the category of non-mandatory services a conservation authority may provide to further the purposes of the Act (Category 3);  

   

  AND WHEREAS the Act does not impose any requirements in respect of agreements with non-municipal entities for Category 3 programs and services; 

   

  IT IS RECOMMENDED THAT this update report be received; 

   

  THAT TRCA continue to work with provincial and other public and private sector agencies undertaking infrastructure and utility projects to develop and execute SLAs with such entities, including Metrolinx, Infrastructure Ontario, Enbridge Gas Inc., Ministry of Transportation, and other entities undertaking infrastructure and utility projects within TRCA’s permitting jurisdiction;  

   

  AND FURTHER THAT staff report back on these agreements on an annual basis. 

  
  
  
  Carried

8.

SECTION II - ITEMS FOR EXECUTIVE COMMITTEE ACTION

8.1

APPLICATION FOR PERMIT PURSUANT TO S.28.0.1 OF THE CONSERVATION AUTHORITIES ACT (MINISTER'S ZONING ORDER, ONTARIO REGULATION 345/22)

• RES.#B 88/22
  Moved By: Gordon Highet
  Seconded By: Xiao Han

  WHEREAS the Minister of Municipal Affairs and Housing (MMAH) issued a Minister’s Zoning Order (MZO) for the subject property on April 14, 2022, as Ontario Regulation 345/22;

  WHEREAS Section 28.0.1 of the CA Act requires the Authority to issue permission for a development project that has been authorized by an MZO issued under the Planning Act, and where the lands in question are not located within a Greenbelt Area as identified through Section 2 of the Greenbelt Act;

  WHEREAS Section 28.0.1 of the CA Act requires that the Authority shall not refuse to grant permission for a development project that has been authorized by an MZO, outside of the Greenbelt, under subsection (3) despite, (a) anything in Section 28 or in a regulation made under Section 28, and (b) anything in subsection 3(5) of the Planning Act;

  WHEREAS Section 28.0.1(6), of the CA Act, permits the Authority to attach conditions to the permission, including conditions to mitigate any effects the development may have on the control of flooding, erosion, dynamic beaches, pollution, or the conservation of land and/or to mitigate any conditions or circumstances that in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property;

  WHEREAS Section 28.0.1(24), of the CA Act, provides that where a permit is to be issued pursuant to Ontario Regulation 166/06, the applicant is required to enter into an agreement with the Conservation Authority;

  WHEREAS TRCA staff, in the absence of an approved MZO, would not normally issue a Permit for a watercourse enclosure except in areas of necessary public infrastructure;

  WHEREAS it is not feasible to restore the degraded watercourse in an open state due to the grading constraints set by the fixed location of the Ontario Line Subway tunnel and the Metrolinx Go Transit station;  
   
  AND WHEREAS through design of the enclosure and an associated ecosystem compensation requirements it has been demonstrated there will be no impact on the control of flooding, erosion, dynamic beaches, pollution, the conservation of land, or jeopardize the health or safety of persons or result in the damage or destruction of property;

  THEREFORE, LET IT BE RESOLVED THAT Condor Developments in the City of Markham be granted permission through a Permit to enclose a watercourse and site grade in the City of Markham, Regional Municipality of York; 

  THAT TRCA staff seek full cost recovery in accordance with TRCA's Administrative Fee Schedule; and

  AND FURTHER THAT the Executive Committee, authorize the entering into of an agreement to include comprehensive ecosystem structure, land-based compensation and a letter of credit related to the Permit for the works.

  
  
  
  Carried

9.

SECTION III - ITEMS FOR THE INFORMATION OF THE BOARD

9.1

2022 SIX MONTH FINANCIAL REPORT

• RES.#B 89/22
  Moved By: Gordon Highet
  Seconded By: Xiao Han

  IT IS RECOMMENDED THAT the 2022 Financial Report for the six-month period ending June 30, 2022, be received.

  
  
  
  Carried

9.2

GREENSPACE SECUREMENT MANAGEMENT PLAN

• RES.#B 90/22
  Moved By: Gordon Highet
  Seconded By: Xiao Han

  IT IS RECOMMENDED THAT this summary report on the Greenspace Securement Management Plan be received.

  
  
  
  Carried

10.

SECTION IV - ONTARIO REGULATION 166/06, AS AMENDED

10.1

TOWN OF CALEDON

• RES.#B 91/22
  Moved By: Xiao Han
  Seconded By: Joanne Dies

  THAT permits be granted in accordance with Ontario Regulation 166/06, as amended, for Town of Caledon - 13540 Caledon King Townline Road South (Albion).

  
  
  
  Carried

10.2

TOWN OF CALEDON

• RES.#B 92/22
  Moved By: Xiao Han
  Seconded By: Joanne Dies

  THAT permits be granted in accordance with Ontario Regulation 166/06, as amended, for Town of Caledon - 9861 Columbia Way (Albion).

  
  
  
  Carried

10.3

TOWN OF CALEDON

• RES.#B 93/22
  Moved By: Xiao Han
  Seconded By: Joanne Dies

  THAT permits be granted in accordance with Ontario Regulation 166/06, as amended, for Town of Caledon - 13540 Caledon King Townline Road South (Albion).

  
  
  
  Carried

10.4

CITY OF BRAMPTON

• RES.#B 94/22
  Moved By: Xiao Han
  Seconded By: Joanne Dies

  THAT permits be granted in accordance with Ontario Regulation 166/06, as amended, for City of Brampton - Coleraine Drive and Countryside Drive, in the City of Brampton.

  
  
  
  Carried

10.5

STANDARD DELEGATED PERMITS FOR RECEIPT - STAFF APPROVED AND ISSUED

• RES.#B 95/22
  Moved By: Xiao Han
  Seconded By: Joanne Dies

  THAT standard delegated permits, permission for routine infrastructure works, minor works letters of approval, and permits after the fact / resolution of violations granted by Toronto and Region Conservation Authority staff, in accordance with Ontario Regulation 166/06, as amended, which are listed below, be received.

  
  
  
  Carried

11.

CLOSED SESSION

11.1

RIZMI HOLDINGS LIMITED – UPDATE ON OLT APPEALS

• RES.#B 96/22
  Moved By: Gordon Highet
  Seconded By: Jack Heath

  IT IS RECOMMENDED THAT the report regarding Rizmi Holdings Limited – Update on OLT Appeals, be received; 
  AND THAT the recommendations listed within the report regarding Rizmi Holdings Limited – Update on OLT Appeals, be approved;
  AND FURTHER THAT following the province’s decision on the York Region Official Plan Amendment, staff be requested to refer the matter back to the Executive Committee for an update.

  
  
  
  Carried

12.

NEW BUSINESS

Chair Innis recognized appointed TRCA Board Members who may not return to TRCA as a council appointee or seeking re-election in their respective municipalities. Councillor Mike Layton, was appointed to TRCA Board of Directors in December 2018 as a City of Toronto representative, serving three years this year. Councillor Gord Highet was appointed in December 2019 as the Durham Region representative, sits as a member of TRCA Executive Committee, and received his three-year service recognition this year. Vice Chair Jack Heath was appointed in December 2006 and has served over 15 years on TRCA’s Board of Directors. Vice Chair Heath has been a member of TRCA’s Executive Committee, Partners in Project Green, Regional Watershed Alliance, and the former Budget and Audit Advisory Committee.
On behalf of TRCA Board of Directors and staff, we thank them for their dedication and commitment to TRCA over the years and wish them much success in their new endeavors.
We will also take the opportunity to recognize our retiring or non-returning members at the Board of Directors meeting on October 28, 2022, as well as the Annual General Meeting on January 13, 2023.