OTTAWA CITY COUNCIL
MINUTES 39
Wednesday, August 26th 2020
10:00 am
By Electronic Participation
This Meeting was held through electronic
participation in accordance with Section 238 of the Municipal Act, 2001 as
amended by Bill 197, the COVID-19 Economic Recovery Act, 2020.
The Council of
the City of Ottawa met on Wednesday, August 26th, 2020 beginning at 10:00
AM. The Mayor, Jim Watson, presided over the Zoom meeting from Andrew S. Haydon Hall, with the remaining Members participating
remotely by Zoom.
Mayor Watson led
Council in a moment of reflection.
All
Members were present with the exception of Councillors R. Chiarelli and D. Deans.
No declarations of
interest were filed.
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The following communications were received:
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Association of Municipalities of Ontario (AMO)
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AMO Policy Update - Orders Extended, New Direction regarding
Facilities
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AMO Policy Update – New Recreational Facility Guidance, Canada
Healthy Communities Initiative, and 2021-22 Connecting Links Program
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AMO Policy Update – Municipal Emergency Fiscal Relief,
Quarter 1 Fiscal and COVID-19 Action Plan Updates
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AMO Policy Update – Court Security Funding Review, CCTV Grant
Program, Windsor-Essex Goes to Stage 3
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AMO Policy Update – Child Care Funding and Community Safety
Initiatives
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AMO Policy Update – COVID-19 Infrastructure Program and
Non-Profit Support
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AMO Policy Update – Back-to-School Plan, Child Care, and
Long-Term Care Reports Released
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AMO Policy Update – Stage 3 Reopenings and the Long-Term Care
Commission Launch
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AMO Policy Update – $4B Municipal Announcement, Provincial
Emergency Ended, Provincial Orders, and Rural Economic Development
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AMO Policy Update – Ontario Legislature Recessed, Standing
Committee Now Looking at Infrastructure, Stage 3 Openings Information
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Councillors R. Chiarelli and D. Deans (See Motion No. 20/1 of
September 25, 2019) advised they would be absent from the City Council meeting
of 15 July 2020.
MOTION NO 38/1
Moved
by Councillor E. El-Chantiry
Seconded by Councillor K. Egli
That the report from Ottawa Public Health and
the Emergency and Protective Services Department entitled “Temporary Mandatory
Mask By-Law - Update”; Built Heritage Sub-Committee Report 14; Community and
Protective Services Committee Report 12; and the reports
from the City Clerk entitled “Status Update –
Council Inquiries and Motions for the Period Ending August 21, 2020” and “Summary of Oral and Written
Public Submissions for Items Subject to the Planning Act ‘Explanation
Requirements’ at the City Council Meeting of July 15, 2020”;
be received and considered.
CARRIED
Council received
verbal updates from Doctor Vera Etches, Medical Officer of Health, and Steve
Kanellakos, City Manager. Copies of the presentations are on file with the City
Clerk’s Office.
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REPORT RECOMMENDATION
That City Council approve the amendments to the Temporary Mandatory
Mask By-law (2020-186), attached as Document 1 and as described in this
report.
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CARRIED
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REPORT RECOMMENDATION
That Council receive this report for information.
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RECEIVED
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COMMITTEE RECOMMENDATIONS, AS AMENDED
That Council:
1.
Approve the Rental Housing Property
Management By-law attached as Document 1 and an amendment to the Property
Standards By-law (2013-416, as amended) attached as Document 2, as described
in this report.
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2. Approve that Section 8 of
the proposed Rental Housing Property Management By-law be amended by adding
the following subsections to create a record of a tenant service request when
requested by the tenant as follows:
(a) No landlord or property
manager shall fail to provide a written record of a service request to a
tenant within 30 days, if such a request is made by the tenant when they
submit their service request to the landlord or property manager.
(b) The record of a tenant
service request must include all information prescribed in subsection 7
(1)(b).
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- Approve that Section 16 and Section 32 of the recommended Rental
Housing Property Management By-law be amended as indicated by the
following bolded wording and strikeouts:
16. (1) Two
copies of information for tenants shall be provided with the lease agreement:
(a)
one (1) copy must
be provided to the tenant; and,
(b)
one (1) copy must
be signed by the tenant as an acknowledgement of receipt and
retained by the landlord with the lease agreement.
(2)
When information for
tenants are modified, a landlord or property manager shall:
(a)
issue a revised
copy to the tenant in accordance with subsection (4), within 30 days of
the modification; and,
(b)
collect the
revised copy signed by the tenant within 30 days of the date of issuance; and
(c)
replace the copy
kept on file with the revised signed copy.
(3)
Where a tenant
refuses to sign acknowledgement of receipt of information for tenants as required
in subsection 1(b), a landlord or property manager may issue copy to
the tenant in accordance with Subsection 4 and retain proof of issuance.
(4)
For the
purposes of Subsection 2 (a), and Subsection (3), issuance of the information
for tenants document or revised information for tenants document may occur by
the following means:
a)
registered
mail, with appropriate receipt of delivery,
b)
courier delivery,
with appropriate receipt of delivery,
c)
personal
service to the tenant, with receipt of delivery signed by the tenant,
d)
personal
service to an adult in the tenant’s rental unit, with receipt of delivery
signed by the adult in question,
e)
personal
service to the tenant, with an affidavit of service,
f) personal service to an adult in the tenant’s rental unit,
with an affidavit of service, or
g) Email or other
electronic transmission, with proof of delivery and receipt to the tenant.
32. No
landlord or property manager shall fail to post notice of a pest treatment
plan in the lobby of an apartment building when the treatment is in a building
area accessible to tenants other than a rental unit.
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MOTION NO 38/2
Moved
by Councillor M. Luloff
Seconded by Councillor J. Sudds
WHEREAS the proposed Rental Housing Property
Management By-law requires landlords and property managers to maintain a registry
in respect of any request for accommodation voluntarily made by a tenant,
including those related to evacuation from a building, vital service
disruptions, or other matters of concern, and this has been called the “special
assistance registry” in the proposed by-law; and
WHEREAS the Chair of the City’s Accessibility
Advisory Committee has provided input to remove or modify the use of the words
“special” and “assistance” from the context of the proposed registry in order
to reflect the rights of persons to request accommodation under the Ontario
Human Rights Code and that these rights are part of the usual course of
business rather than a special process;
BE IT RESOLVED that the proposed Rental Property Management By-law
be amended to:
- Remove the expression “special assistance registry” wherever it
appears in the by-law and replace it with the expression “tenant support registry”,
and
- Remove
the expression “special assistance” wherever it appears in the by-law and
replace it with “assistance”.
CARRIED
The
report recommendations, as amended by Motion no. 38/2, were then put to Council
and CARRIED as amended.
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COMMITTEE RECOMMENDATION
That Council approve the Accessibility Advisory Committee’s
2020-2022 work plan, as detailed in Document 1.
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CARRIED
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BUILT HERITAGE SUB-COMMITTEE REPORT 14
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COMMITTEE RECOMMENDATIONS
That Council:
1. Approve the application to
demolish the existing building at 189 Stanley Avenue;
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2. Approve the application to
construct two new semi-detached buildings at 189 Stanley Avenue, according to
plans by Ottawa Carleton Construction Ltd., dated May 7, 2020 and received on
June 16, 2020 and July 7, 2020, conditional upon:
a. The applicant providing samples
of the exterior cladding materials for approval by Heritage staff prior to
the issuance of a building permit;
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3. Approve the landscape plan
for 189 Stanley Avenue, according to plans submitted by Novatech Engineering
Consultants Ltd, dated June 12, 2020 and received on June 16, 2020,
conditional upon:
a. The implementation of the
tree protection measures outlined in the Tree Disclosure report attached as Document
8, and further detailed in Document 9;
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4. Delegate authority for minor
design changes to the General Manager, Planning Infrastructure and Economic
Development Department; and
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5. Approve the issuance of the
heritage permit with a three-year expiry date from the issuance unless
otherwise extended by Council.
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CARRIED
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COMMITTEE RECOMMENDATIONS
That Council:
1. Approve the application to
alter the Booth Street Bridge according to plans submitted by Parsons, dated
June 9, 2020; conditional upon:
• Implementation of the conservation measures
outlined in the Heritage Brief attached as Document 9 and detailed in the Rehabilitation
Approach in Document 10;
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2. Delegate authority for minor
design changes to the General Manager, Planning, Infrastructure and Economic
Development Department; and
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3. Approve the issuance of the
heritage permit with a five-year expiry date from the date of issuance unless
otherwise extended by Council.
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve the proposal to name the meeting room in J.A.
Dulude Arena the “Julie Dunnigan Room”
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve the proposal to name Carrière Park, located
at 6601 Carrière Street the “Laurier Carrière Park”
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve the proposal to name the area that consists
of the Minto and Confederation Fields at Nepean Sportsplex, 1645 Woodroffe Ave,
the “Sandy Ruckstuhl Gridirons”
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve the proposal to name the Lemieux Island
Administrative Building, 1 Onigam St., the “Steve Bonk Administrative
Building”
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve the proposal to name the Heron Corridor,
located at 1612 Kilborn Avenue, “WRENS Way”
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CARRIED
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COMMITTEE RECOMMENDATION
That Council approve the proposal to name Banner Park, located at 90
Banner Road, the “George Brancato Park”
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CARRIED
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REPORT RECOMMENDATIONS
That Council approve the Summaries of Oral and Written Public
Submissions for items considered at the City Council Meeting of July 15, 2020
that are subject to the ‘Explanation Requirements’ being the Planning Act,
subsections 17(23.1), 22(6.7), 34(10.10) and 34(18.1), as applicable, as
described in this report and attached as Documents 1 to 7.
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CARRIED
MOTION NO 38/3
Moved
by Councillor E. El-Chantiry
Seconded by Councillor K. Egli
That the report from Ottawa Public Health and the Emergency and
Protective Services Department entitled “Temporary Mandatory Mask By-Law -
Update”; Built Heritage Sub-Committee Report 14; Community and Protective
Services Committee Report 12; and the reports from the City Clerk entitled
“Status Update – Council Inquiries and Motions for the Period Ending August 21,
2020” and “Summary of Oral and Written Public Submissions for Items Subject to
the Planning Act ‘Explanation Requirements’ at the City Council Meeting of July
15, 2020”; be received and adopted as amended.
CARRIED
MOTION NO 38/4
Moved by Councillor J. Sudds
Seconded by Councillor G. Gower
WHEREAS many brave women came forward and shared
their experiences with this individual and showed tremendous courage by their
actions and inspired many to stand with them; and
WHEREAS the Integrity Commissioner’s “Report to
Council on an Inquiry Respecting the Conduct of Councillor Chiarelli” (ACS2020-OCC-GEN-0023) concluded that all
three allegations were not vexatious or frivolous, and that the courageous and
brave women who provided testimony were credible and their allegations were
established and founded; and
WHEREAS the City’s independent Integrity Commissioner
found that Councillor Chiarelli contravened Section 4 and Section 7 of the Code
of Conduct and has recommended to Council the suspension of the remuneration
paid to this individual for 90 days for each complaint, amounting to 270 days;
and
WHEREAS as a first step, Council has approved,
with amendments, a “Review of Recruitment and Hiring Process for Councillors’
Assistants” (ACS3030-OCC-GEN-0022), which outlines various recommendations and is committed
to continuing to look at ways to improve all aspects of the workplace of
Members of Council and their staff; and
WHEREAS the City’s Women and Gender Equity
Sponsors Group has completed extensive community and employee consultations to
inform the development of recommendations for the Women and Gender Equity Strategy
improving equity within the City and its policies and services;
THEREFORE BE IT RESOLVED that City’s Chief
Financial Officer be directed to invest the total 2020/2021 remuneration being
suspended from this Member of Council due to the contraventions of Section 4
and Section 7 of the Code of Conduct, to be allocated to community
organizations that support survivors of domestic violence and/or sexual assault
in consultation with the General Manager of Community and Social Services.
CARRIED
MOTION NO 38/5
Moved by Councillor E. El-Chantiry
Seconded by Councillor G. Gower
That the Rules of Procedure be suspended to
consider the following motion in order to provide support in a timely manner to
the Mississippi Valley Conservation Authority’s request for Provincial funding
of flood control infrastructure on the Mississippi River;
WHEREAS the City of Ottawa is the largest
municipality within the Mississippi Valley watershed, which is represented by
the Mississippi Valley Conservation Authority (MVCA); and
WHEREAS the Province of Ontario, in its March,
2020 Ontario Flooding Strategy, reaffirmed its commitment to “continue its cost
share funding arrangement with municipalities…to support high priority repairs
to conservation authority infrastructure”; and
WHEREAS the province allocated $5 million
annually for this purpose in 2003 and has not increased or indexed the funding
envelope in 17 years; and
WHEREAS demand for replacement and upgrade of water
and erosion control assets is increasing due to aging infrastructure and the
impacts of climate change; and
WHEREAS infrastructure within the Mississippi Valley
watershed did not receive funding this year and there are no guarantees that it
will in the foreseeable future based upon current program demand; and
WHEREAS, should funding not be received from the
province for these and other Mississippi Valley Conservation Authority capital
projects, the burden of those costs will fall in part to member municipalities;
and
WHEREAS on July 13, 2020, the MVCA sent a letter
to the Minister of Natural Resources and Forestry expressing concern with
respect to the underfunding of water and erosion control infrastructure in the
province and has asked member municipalities for support;
THEREFORE BE IT RESOLVED that the Mayor, on behalf
of Council, write a letter to the Minister of Natural Resources and Forestry,
the Minister of Environment, Conservation and Parks, and the Minister of
Municipal Affairs and Housing supporting the letter from the Mississippi Valley
Conservation Authority
and requesting that funding of the Water and Erosion Control Infrastructure
(WECI) program be significantly increased and that program rules be adjusted to
allow or reasonable construction periods and the carry‐over of funds between fiscal years.
CARRIED
MOTION
Moved by Mayor J. Watson
Seconded by Councillor C. McKenney
WHEREAS on March 9, 2020, the Government of
Canada introduced Bill C-8, An Act to Amend the Criminal Code (Conversion
Therapy); and,
WHEREAS conversion therapy is defined by Bill
C-8 as:
“… a practice, treatment or service designed to
change a person’s sexual orientation to heterosexual or gender identity to
cisgender, or to repress or reduce non-heterosexual attraction or sexual
behaviour. For greater certainty, this definition does not include a practice,
treatment or service that relates
(a) to a person’s gender transition; or
(b) to a person’s exploration of their
identity or to its development.”; and
WHEREAS
the Preamble to Bill C-8 cites
the harmful effects to persons subjected to conversion therapy, particularly
children, as well as the broader harms it causes to
society by promoting myths and stereotypes about sexual orientation and gender
identity; and
WHEREAS several associations for health professions, such as the Canadian
Psychological Association, the Canadian Psychiatric Association and the
Canadian Paediatric Society, have denounced conversion therapy as a practice
due to its harmful effects; and
WHEREAS some activities associated with
conversion therapy may be criminal offences under the Criminal Code of
Canada in certain circumstances, such as kidnapping, forcible confinement,
assault, and fraud; and
WHEREAS the regulation of conversion therapy is
better sanctioned at the criminal level because of its pervasive harms to
persons; and
WHEREAS any municipal prohibition on or regulation
of conversion therapy may face legislative and jurisdictional challenges, and are
often practiced in secret outside of formal business settings, which are
difficult for municipalities to regulate and enforce; and
WHEREAS it is deemed that regulation of this
practice is better addressed at the federal level where it can be criminalized;
and,
BE IT RESOLVED that City Council formally
denounce the practice of conversion therapy as harmful for individuals, and to society by promoting myths and stereotypes
about sexual orientation and gender identity; and
BE IT FURTHER RESOLVED that the Mayor be
directed to send a letter to the Prime Minister of Canada, the Minister of Justice
and the Attorney General, and the Minister of Diversity and Inclusion and Youth,
to express support for the reintroduction of Bill C-8, An Act to Amend the
Criminal Code (Conversion Therapy) as soon as possible in the upcoming
session of Parliament, and to encourage the Government of Canada to pass and
implement this legislation in an expeditious manner; and
BE IT FURTHER RESOLVED that City Council hereby
encourages anyone who may have experienced this harmful practice to reach out
for help to the various supports in the community such as The Community Information Centre of Ottawa (211),
Community Health Centres across the city, Family Services Ottawa – Around the
Rainbow, The Royal Mental Health Centre, the Distress Centre of Ottawa’s Mental
Health Crisis Line, and the Youth Services Bureau of Ottawa’s Integrated Crisis
Service, amongst others; and
BE IT FURTHER RESOLVED that City Council
hereby encourages anyone who suspects that any criminal activity associated
with conversion therapy, such as kidnapping and forcible confinement, has taken
place, to report that activity to the Ottawa Police.
MOTION NO 38/6
Moved
by Councillor E. El-Chantiry
Seconded by Councillor K. Egli
That the by-laws
listed on the Agenda under Motion to Introduce By-laws, Three Readings, be read
and passed.
CARRIED
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BY-LAWS
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THREE READINGS
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2020-239.
A by-law of the City of Ottawa to amend By-law No. 2017-180 respecting
the appointment of Municipal Law Enforcement Officers in accordance with
private property parking enforcement.
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2020-240.
A by-law of the City of Ottawa to designate the Standard Bread Company
bakery at 951 Gladstone Avenue to be of cultural heritage value or interest.
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2020-241.
A by-law of the City of Ottawa to designate the
Deschâtelets Building, 175 Main Street, 320 Deschâtelets Avenue, and part of
205 Scholastic Drive to be of cultural heritage value or interest
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2020-242.
A by-law of the City of Ottawa to establish certain lands as common
and public highway and assume them for public use (Cooper
Hill Road, Rideau Street, Brian Coburn Boulevard, Rideau Valley Drive, Eagleson
Road, Galetta Side Road, Canon Smith Drive, Somerset Street West, Golden Line
Road, Holland Avenue, Main Street, McLinton Road, Colonial Road, Mavis
Street, Fallowfield Road, Carson’s Road, Walkley Road, Golflinks Drive, Longfields
Drive, Avondale Avenue, Kirkwood Avenue).
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2020-243.
A by-law of the City of Ottawa to appoint a Chief
Building Official for the City of Ottawa.
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2020-244.
A by-law of the City of Ottawa to establish certain lands as common
and public highway and assume them for public use (avenue Robin Easey Avenue,
promenade Cappamore Drive).
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2020-245.
A by-law of the City of Ottawa to establish certain lands as common
and public highway and assume them for public use (Longfields Drive).
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2020-246.
A by-law of the City of Ottawa to amend By-law No.
2001-17 to appoint certain Inspectors, Property Standards Officers and Municipal
Law Enforcement Officers in the Building Code Services Branch of the
Planning, Infrastructure and Economic Development Department.
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2020-247.
A by-law of the City of Ottawa to establish certain lands as
common and public highway and assume them for public use (Hunt Club Road, Alta Vista Drive, Devine Road, Albion
Road, Carp Road, Wesley Avenue, Leitrim Road, Fairbanks Avenue, Paden Road,
Torbolton Ridge Road, St. Joseph Boulevard, Copeland Road, Cole Avenue, Richmond
Road, Carling Avenue and Bronson Avenue).
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2020-248.
A by-law of the City of
Ottawa to repeal By-law No. 2020-227 entitled “A by-law of
the City of Ottawa to amend By-law No. 2008-250 to change the zoning of the
lands known municipally as 70 Gloucester Street and 89 and 91 Nepean Street”.
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2020-249.
A by-law of the City of Ottawa to amend By-law 2001-301 to appoint
certain Municipal Law Enforcement Officers in the Transportation Services
Department.
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2020-250.
A by-law of the City of Ottawa to change the name of rue Wellington
Street Ouest/West, chemin Bren-Maur Road, voie Farmers Way, croissant Deighton
Crescent, promenade Roswell Drive, avenue Piccadilly Avenue, avenue Premier
Avenue, avenue Lakeview Avenue, croissant Davidson Crescent, promenade Golden
Meadow Drive, avenue New Orchard Avenue, ruelle Regina Lane and voie Leacock
Way, municipal highways in the City of Ottawa.
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2020-251.
A by-law of the City of Ottawa to amend By-law No. 2020-186 respecting
mandatory masks in prescribed places.
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2020-252.
A by-law of the City of Ottawa to amend By-law No. 2008-250 of the
City of Ottawa to remove the holding symbol from part of the lands known
municipally as parts of 6335 and 6350 Perth Street.
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CONFIRMED
MOTION NO 38/7
Moved
by Councillor E. El-Chantiry
Seconded by Councillor K. Egli
That the
following by-law be read and passed:
To confirm the proceedings of the Council meeting of August 26th,
2020.
CARRIED
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Councillor T. Tierney
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Can the Medical Officer of Health be requested
to review the level of granularity of information (i.e. zones, sources of transmission) and best practices
in the province of Ontario municipalities and report back to council as part
of a future COVID-19 Update.
Examples to contrast and compare are Hamilton,
Mississauga, and Toronto on what level of details those municipalities use.
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Council adjourned
the meeting at 1:47 pm.
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CITY
CLERK MAYOR