HomeMy WebLinkAboutPLN 07-22Report to
Planning & Development Committee
Report Number: PLN 07-22
Date: February 7, 2022
From: Kyle Bentley
Director, City Development & CBO
Subject: Memorandum of Understanding between the City of Pickering and the Toronto and
Region Conservation Authority regarding the administration and collection of fees
and technical guidance in relation to the TRCA’s Guideline for Determining
Ecosystem Compensation, June 2018
- File: D-8000-046
Recommendation:
1. That Council approve the draft Memorandum of Understanding, contained in Appendix I to
Report PLN 07-22, between the City of Pickering and the Toronto and Region Conservation
Authority (TRCA), for the administration and collection of fees, and technical guidance
regarding the interpretation and calculation of compensation, in terms of the TRCA’s
Guideline for Determining Ecosystem Compensation, dated June 2018;
2. That the draft Memorandum of Understanding be forwarded to the TRCA’s Board of
Directors for endorsement, prior to its execution;
3. That the Mayor and the City Clerk be authorized to execute the Memorandum of
Understanding; and
4. That the appropriate City officials be authorized to take the necessary actions as indicated
in this report.
Executive Summary: In June 2018, the Toronto and Region Conservation Authority (TRCA)
released their Guideline for Determining Ecosystem Compensation. On April 23, 2019, Council
authorized staff to develop a Memorandum of Understanding (MOU) between the City and the
TRCA regarding ecosystem compensation (see Council Resolution #68/19, Attachment #1). More
specifically, the MOU would address the administration and collection of fees, and technical
guidance regarding interpretation and calculation of fees, in relation to TRCA’s Guideline for
Determining Ecosystem Compensation.
City and TRCA staff have collaborated in preparing a mutually acceptable MOU that incorporates
the above-noted framework. Staff is requesting that the MOU, contained in Appendix I to
Report PLN 07-22, be approved by Pickering Council and executed, subject to the approval of
TRCA Board of Directors.
Report PLN 07-22 February 7, 2022
Subject: Draft Memorandum of Understanding Page 2
TRCA’s Guidelines for Determining Ecosystem Compensation
Discussion:
1. Toronto and Region Conservation Authority’s (TRCA) Guideline for Determining
Ecosystem Compensation
In April 2019, Council considered Report PLN 07-19. The Report presented the Toronto
and Region Conservation Authority’s (TRCA) Guideline for Determining Ecosystem
Compensation, dated June 2018 (the Guideline). Further, the Report set out a proposed
framework for the collection of the compensation, by location of the feature, the nature of
the feature, which policy or guideline applies, and who collects the fee. A copy of Report
PLN 07-19 is provided as Attachment #2.
Council endorsed the recommendations of that Report, which included:
• supporting the use of the Guideline by the City, as a technical guideline to determine
and collect compensation for ecosystem loss due to development impacts, subject to
certain criteria;
• authorizing staff to develop a Memorandum of Understanding (MOU), in consultation
with the TRCA, regarding the administration and collection of fees, and technical
guidance regarding the interpretation and calculation of compensation under the
authority of the Guideline (see Council Resolution #68/19, Item 3, Attachment #1); and
• authorizing staff to initiate an amendment to the Pickering Official Plan to introduce
policies that address ecosystem loss and compensation due to development impacts,
where all options for protection have been exhausted, on a city-wide basis.
This report deals with the MOU, as referenced in the second bullet point above.
2. The Memorandum of Understanding
City Development staff, with the assistance of the Manager, Landscape & Parks Development,
and staff from the Corporate Services Department, developed a draft MOU in consultation
with TRCA staff. The review of the draft MOU went through various iterations. City and
TRCA staff are in agreement with the contents of the draft MOU.
The purpose of the draft MOU is to clarify the roles and responsibilities of the City and
TRCA in the City’s implementation of TRCA’s Guideline. It addresses matters such as the
following:
• the collection and administration of ecosystem compensation fees;
• the mechanisms with which agreements and conditions may be made for ecosystem
compensation;
• the types of natural features that may be the subject of ecosystem compensation;
• the location of natural features, whether inside or outside of TRCA regulated areas;
• the overlap with the City’s Tree Removal Compensation Fee; and
• how technical guidance regarding the interpretation and calculation of ecosystem
compensation in accordance with the Guideline would be provided.
Report PLN 07-22 February 7, 2022
Subject: Draft Memorandum of Understanding Page 3
TRCA’s Guidelines for Determining Ecosystem Compensation
A copy of the draft MOU is contained in Appendix I to Report PLN 07-22. The draft MOU
follows a standard format addressing: Parties Involved; Purpose; Basis; Applicability;
Duration; Management Guidance and Interpretation; Collection and Administration of Fees;
and Monitoring and Reporting.
The next step is to execute and implement the MOU, subject to the approval of Pickering
Council and the TRCA Board of Directors. In order to effectuate the implementation of the
MOU, staff request that the draft MOU contained in Appendix I be approved by Council,
and that the Mayor and the City Clerk be authorized to execute the MOU once TRCA’s
Board of Directors has endorsed it.
It is important to clarify that TRCA is in the process of developing a memorandum of
understanding in accordance with the Conservation Authority Act for the provision of
programs and services on behalf of municipalities. The Act also allows for other agreements
to be entered into with the municipality in respect of the programs and services, such as this
MOU.
3. The Official Plan Amendment
Council Resolution #68/19, Item 4, authorized staff to initiate an official plan amendment to
strengthen the City’s policy with respect to ecosystem compensation. In response, a
recommendation to adopt City Initiated Official Plan Amendment 35 (OPA 35) is contained
in Report PLN 08-22. The adoption of OPA 35 will provide a stronger planning policy basis
to implement ecosystem compensation through the review of development applications, in
accordance with the MOU.
Appendix
Appendix I: Draft Memorandum of Understanding
Attachments
1. Council Resolution #68/19
2. Report PLN 07-19
Report PLN 07-22 February 7, 2022
Subject: Draft Memorandum of Understanding Page 4
TRCA’s Guidelines for Determining Ecosystem Compensation
Prepared By:
Original Signed By
Déan Jacobs, MCIP, RPP
Manager, Policy & Geomatics
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
DJ:ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Appendix I to
Report PLN 07-22
Draft Memorandum of Understanding
Memorandum of Understanding
Ecosystem Compensation Implementation
1. Parties involved:
The Corporation of the City of Pickering (the “City”)
Toronto and Region Conservation Authority (“TRCA”)
2. Purpose:
The purpose of this Memorandum of Understanding (“MOU”) is to clarify the roles and
responsibilities of the City and TRCA in the City’s implementation of TRCA’s Guideline
for Determining Ecosystem Compensation (the “Guideline”), dated June 2018, within
the boundaries of the City of Pickering. These roles and responsibilities address:
a) the collection and administration of ecosystem compensation fees;
b) the mechanisms with which agreements and conditions may be made for
ecosystem compensation;
c) the types of natural features that may be the subject of ecosystem compensation;
d) the location of natural features, whether inside or outside of TRCA regulated areas;
e) the overlap with the City’s Tree Removal Compensation Fee; and
f) the provision of technical guidance regarding the interpretation and calculation of
ecosystem compensation in accordance with the Guideline.
3. Basis
On April 23, 2019 the Council of the City, in accordance with Resolution #68/19 resolved:
• to support the use of TRCA’s Guideline for Determining Ecosystem Compensation,
dated June 2018, as a technical guideline to determine compensation for
ecosystem loss due to development impacts, where all options for protection have
been exhausted, in accordance with conditions of draft plans of subdivision,
zoning, land divisions, and site plans, with the exception of tree removal that falls
under the purview of the City’s Tree Removal Compensation Fee;
• that the City collect compensation for ecosystem loss due to development impacts,
where all options for protection have been exhausted, in accordance with
conditions of draft plans of subdivision, zoning, land divisions, and site plans,
under the circumstances set out in Table 1 in Report PLN 07-19;
• that City staff be authorized to develop a memorandum of understanding in
consultation with TRCA regarding the administration of the fees collected and
technical guidance regarding the interpretation and calculation of compensation in
terms of the Guideline.
Page 2
On xxx (insert date) through Resolution # xxx (insert date) the Council of the City adopted
Amendment 35 to the Pickering Official Plan which added new policies and changed
existing policies within the Pickering Official Plan with regard to ecosystem loss and
compensation.
4. Applicability:
a. Table 1 in Appendix I to this MOU clarifies the application of the Guideline in
relation to the City’s Tree Removal Compensation Fee, and outlines which agency
collects and administers the Ecosystem Compensation Fee by type and location of
features to be removed.
b. Ecosystem Compensation in accordance with the Guideline does not apply to
buffer zones or vegetation protection zones associated with natural features
identified on the Schedules of the Pickering Official Plan or through an
environmental impact study.
c. Where the Ecosystem Compensation Fee collected is to be used for planting or
ecosystem improvement, the land base for planting or ecosystem improvement
shall, as a first priority, be located on the same site where the removal is taking
place, as a second priority, be located within the same watershed within the City of
Pickering, or as a third priority, be located within the same watershed or another
watershed that is within or partly within the City of Pickering.
d. The Guideline shall not apply in the following circumstances:
i. within the relevant conservation authority’s regulatory jurisdiction where
removal of regulated features and/or ecosystem functions has previously
been determined as part of a Zoning By-law Amendment, or Draft Plan of
Subdivision, or Draft Plan of Condominium, or Site Plan, approved under
the Planning Act and where compensation for the loss of the features
and/or ecosystem functions has already been determined in accordance
with an approved Master Environmental Servicing Plan, Environmental
Assessment or Environmental Report, prior to the adoption of Amendment
35 to the Pickering Official Plan; or
ii. outside of the relevant conservation authority’s regulatory jurisdiction
where compensation for the loss of non-regulated features and/or
ecosystem functions has been determined in accordance with an
approved Master Environmental Servicing Plan, Environmental
Assessment or Environmental Report.
5. Duration:
a. This MOU takes effect on the date the parties sign this MOU.
b. This MOU can be terminated in writing by either party, at any time and for any
reason, provided that:
Page 3
i. in the event the City resolves to terminate this MOU, such authorization shall
be obtained from the Council of the City, and in the event TRCA resolves to
terminate this MOU, such authorization shall be obtained from the TRCA
Board of Directors. If either party terminate this MOU in accordance with this
Section, neither party shall be subject to penalties or liabilities arising from
such termination;
ii. where any compensation in accordance with the Guideline has been collected
prior to or at the time of termination of this MOU, such compensation amount
shall continue to be administered in accordance with the applicable conditions
of draft plans of subdivision, zoning, land divisions, or site plan approval, or
as agreed upon through the Environmental Assessment or Conservation
Authorities Act permitting process or other agreement as further described in
Section 8(b) of this MOU.
6. Management:
The following persons are appointed to manage/administer the compensation process:
The City of Pickering: The Director, City Development & CBO or designate;
TRCA: TRCA Development Planning and Permits or Infrastructure Planning and
Permits staff.
7. Guidance and Interpretation regarding Compensation for Ecosystem Loss:
a. Technical guidance regarding the interpretation of the Guideline and determining
compensation payable for ecosystem loss, shall be provided to the City, by TRCA
staff authorized for such purposes.
b. There will be no extra costs charged to the City or the proponent regarding the
interpretation of the Guideline and determining compensation for ecosystem loss.
c. In the event of a dispute or disagreement regarding the amount of compensation
payable with regard to the land base component of ecosystem compensation,
TRCA or the City, whichever party is responsible, may at their discretion, procure
their own appraisal with the costs borne by the development proponent.
8. Collection and Administration of Fees:
a. Table 1 in Appendix I to this MOU clarifies which party collects and administers the
compensation fee and administration fee (where applicable).
b. The party that collects a compensation fee for planting or ecosystem improvement
shall be responsible for the planting or ecosystem improvement, including the land
base component (if applicable), in accordance with an agreement to be entered
into with the development proponent, stipulating where the planting or ecosystem
improvement shall occur and the timeframe associated. Section 3.1 (Agreements)
Page 4
of the Guideline outlines the factors to be considered when contemplating such
agreements.
c. Financial record of each planting or ecosystem improvement project/program
undertaken in accordance with section 3.2 of the Guideline, shall be maintained by
the relevant party.
9. Monitoring and Reporting:
a. Meetings between the parties shall be held at least once every 12 months, for
purposes of monitoring and reporting, tracking, and evaluation to gauge success
and inform program improvements.
b. Monitoring shall be undertaken by the party that received the compensation funds
after completion of the Guideline’s costs breakdown process, whether that is TRCA
or the City, following 1, 3, and 5 years after construction and/or planting is
complete in accordance with section 3.2 of the Guideline.
10. This MOU shall be made available to the public on request.
Signature & Date Signature & Date
The Corporation the City of Pickering Toronto and Region Conservation Authority
Table 1 Appendix I
Location of Feature &
Implementing Mechanisms
What Features and/or
Ecosystem Functions?
Tool Who Collects and
Administers the
Compensation Fee?
Within the City of Pickering
(outside TRCA’s regulated
area1), through a City condition
of site plan approval, draft plan
of subdivision, zoning, or land
division
Individual trees2 Council’s adopted Tree
Removal Compensation
Fee
The City of Pickering
Within the City of Pickering
(outside TRCA’s regulated
area1), through a City condition
of site plan approval, draft plan
of subdivision, zoning, or land
division
Significant Woodlands,
woodlands, areas of natural
and scientific interest, and
other non-regulated1
features, and their related
ecosystem functions, (which
could include the associated
land base)
TRCA’s Guideline The City of Pickering,
except that any
compensation collected
in relation to lands or
features within the
Seaton Natural Heritage
System, as shown on the
Schedule I of the
Pickering Official Plan
will be collected and
administered by TRCA
Within the City of Pickering
(inside TRCA’s regulated
area1), through TRCA permit
process, a condition of site plan
approval, draft plan of
subdivision, zoning, or land
division
Individual trees2 Council’s adopted Tree
Removal Compensation
Fee
The City of Pickering
Location of Feature &
Implementing Mechanisms
What Features and/or
Ecosystem Functions?
Tool Who Collects and
Administers the
Compensation Fee?
Within the City of Pickering
(inside or the majority inside
TRCA’s regulated area1),
through TRCA permit process, a
condition of site plan approval,
draft plan of subdivision, zoning,
or land division
Significant Woodlands,
woodlands, wetlands, valley
lands, shorelines, areas of
natural and scientific interest,
and their related ecosystem
functions, (which could
include the associated land
base)
TRCA’s Guideline TRCA
Within the City of Pickering
(outside or the majority
outside TRCA’s regulated
area1), through TRCA permit
process, a condition of site plan
approval, draft plan of
subdivision, zoning, or land
division
Significant Woodlands,
woodlands, wetlands, valley
lands, shorelines, areas of
natural and scientific interest,
and their related ecosystem
functions, (which could
include the associated land
base)
TRCA’s Guideline The City of Pickering,
except that any
compensation collected
in relation to lands or
features within the
Seaton Natural Heritage
System, as shown on the
Schedule I of the
Pickering Official Plan
will be collected and
administered by TRCA
Note 1: TRCA’s Regulated Area – the text of TRCA’s Ontario Regulation 166/06 describes the areas that are regulated,
which prevails over the mapping. Features and hazards do not have to be shown on TRCA Regulated Area mapping to be
regulated.
Note 2: The term “Individual trees” refers to trees with a caliper of 15 centimetres or more, that do not functionally form
part of significant woodlands (identified on Schedule IIIB of the Pickering Official Plan) or other woodlands that are neither
mapped on Schedule IIB of the Pickering Official Plan nor defined as being “significant”.
Attachment #1 to Report #PLN 07-22
Legislative Services Division
Clerk’s Office
Directive Memorandum
April 25, 2019
To: Kyle Bentley
Director, City Development & CBO
From: Susan Cassel
City Clerk
Subject: Direction as per Minutes of the Meeting of City Council
held on April 23, 2019
Director, City Development & CBO, Report PLN 07-19
Toronto and Region Conservation Authority’s Guideline
for Determining Ecosystem Compensation, June 2018
Council Decision Resolution #68/19
1.That Council support the use of the Toronto and Region Conservation Authority’s
Guideline for Determining Ecosystem Compensation, dated June 2018, as a
technical guideline to determine compensation for ecosystem loss due to
development impacts, where all options for protection have been exhausted,
when required through conditions of draft plans of subdivision, zoning, land
divisions, and site plans, with the exception of tree removal that falls under the
purview of the City’s Tree Removal Compensation Fee;
2.That the City collect compensation for ecosystem loss due to development
impacts, where all options for protection have been exhausted, when required
through conditions of draft plans of subdivision, zoning, land divisions, and site
plans, under the circumstances set out in Table 1 in Report PLN 07-19;
3.That staff be authorized to develop a memorandum of understanding in
consultation with Toronto and Region Conservation Authority regarding the
administration and collection of the fees and technical guidance regarding the
interpretation and calculation of compensation in terms of the Guideline; and
4.That staff be authorized to initiate an amendment to the Pickering Official Plan to
introduce policies that address ecosystem loss and compensation due to
development impacts, where all options for protection have been exhausted, on a
city-wide basis.
Please take any action deemed necessary.
Susan Cassel
Copy: Chief Administrative Officer
Director, Corporate Services & City Solicitor
Director, Finance & Treasurer
Attachment #2 to Report #PLN 07-22