Authority MeetingAddendum 

 #6/16

July 22, 20169:30 A.M.

HEAD OFFICE, 101 EXCHANGE AVENUE, VAUGHANPages

7. SECTION I - ITEMS FOR AUTHORITY ACTION

7.8 CITY OF MISSISSAUGA 2Conveyance of Land and the Small Arms Inspection Building for CommunityFacility Purposes, 1352 Lakeshore Road East, City of Mississauga, RegionalMunicipality of Peel, Lake Ontario WaterfrontCFN 56232

ADDED ITEM

8. SECTION III - ITEMS FOR THE INFORMATION OF THE BOARD

8.4 PROVINCIAL REVIEW OF THE CONSERVATION AUTHORITIES ACT 8Phase Two of Three

LISTED AS REPORT TO FOLLOW

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Item 7.8

Section I – Items for Authority Action TO: Chair and Members of the Authority Meeting #6/16, Friday, July 22, 2016 FROM: Mike Fenning, Associate Director, Property and Risk Management RE: CITY OF MISSISSAUGA

Conveyance of Land and the Small Arms Inspection Building for Community Facility Purposes, 1352 Lakeshore Road East, City of Mississauga, Regional Municipality of Peel, Lake Ontario Waterfront CFN 56232

____________________________________________________________________________ KEY ISSUE Conveyance of lands and Small Arms Inspection Building to the City of Mississauga for the development of a community facility located at 1352 Lakeshore Road East, City of Mississauga, Regional Municipality of Peel, Lake Ontario waterfront. RECOMMENDATION WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a proposal from City of Mississauga for the conveyance of land improved with the Small Arms Inspection Building for development of a community facility at 1352 Lakeshore Road East, City of Mississauga, Regional Municipality of Peel, Lake Ontario waterfront; AND WHEREAS it is the opinion of TRCA that it is in the best interest of TRCA in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with the City of Mississauga in this instance; THEREFORE LET IT BE RESOLVED THAT a parcel of TRCA-owned land containing 4.04 hectares (10 acres), more or less, required for the development of a community facility, said land being part of Part Lot 5, Concession 3 SDS, located at 1352 Lakeshore Road East, City of Mississauga, Regional Municipality of Peel, be conveyed to the City of Mississauga; THAT consideration be the nominal sum of $2.00; THAT the approximately $2.6 million in contributions from the Regional Municipality of Peel, the Government of Canada and the balance of funds remaining from the original purchase and rehabilitation of the site be transferred to the City of Mississauga for rehabilitation of the building subject to the approval of the Regional Municipality of Peel and Government of Canada; THAT the City of Mississauga is to fully indemnify TRCA from any and all claims from injuries, damages or costs of any nature resulting in any way, either directly or indirectly, from this conveyance or the carrying out of construction; THAT the said conveyance be subject to any other terms and conditions deemed appropriate by TRCA staff or solicitor;

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Item 7.8

THAT said conveyance be subject to the approval of the Minister of Natural Resources and Forestry in accordance with Section 21(2) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27, as amended, if required; AND FURTHER THAT authorized TRCA officials be directed to take the necessary action to finalize the transaction including obtaining any necessary approvals and signing and execution of documents. BACKGROUND At Authority Meeting #12/15, held on January 29, 2016, Resolution #A268/15 was approved as follows:

WHEREAS Toronto and Region Conservation Authority (TRCA) acquired the culturally significant Small Arms Inspection Building in 1992, as part of a larger strategy to create a regional waterfront park; AND WHEREAS the Small Arms Inspection Building was designated under the Ontario Heritage Act, by City of Mississauga Council on May 13, 2009; AND WHEREAS the designation under the Ontario Heritage Act places responsibility on TRCA as the building owner, to protect the building and the structure’s key heritage attributes; AND WHEREAS TRCA has secured a total of approximately $2.5 million from contributions from the Region of Peel, the Government of Canada and the balance of funds remaining from the original purchase and rehabilitation of the site, towards a total estimated cost of phase one of the building restoration of $5.0 million; THEREFORE LET IT BE RESOLVED THAT TRCA staff be directed to submit a formal request to the City of Mississauga for support of a partnership project between the Government of Canada, Region of Peel and TRCA, that will include a City funding commitment of $2.5 million to support partial rehabilitation of the Small Arms Inspection Building and up to $1 million over five years, towards the ongoing operation of the building; THAT staff enter into discussions with City of Mississauga staff to negotiate the terms and conditions of the support, which may consider the option of transferring legal ownership of the building from TRCA to the City; AND FURTHER THAT staff report back at Authority Meeting #4/16, scheduled to be held on April 22, 2016, to confirm the City of Mississauga’s response to TRCA’s request for support.

The subject lands form part of a 16 hectare (39 acre) parcel of land which was acquired from Canada Post Corporation in 1992. The property is located on the south side of Lakeshore Road East at the border of the City of Mississauga and the City of Toronto. The property has frontage of approximately 440m (1,444 ft.) on Lakeshore Road East and bounded on the eastern and southern borders by Marie Curtis Park, which is owned by TRCA and managed by the City of Toronto. Further to the southwest of the site are the Lakeview Water Pollution Control Plant and the former Lakeview Generating Station. The site contained a number of buildings at the time of acquisition and all of the buildings have since been demolished with the exception of the Small Arms Inspection Building and the existing water tower. These are the last remaining structures of the larger Small Arms Limited munitions plant built in 1940 to provide support to Allied Forces during World War II.

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Item 7.8

Since the time of the original purchase of the site in 1992, plans have been developed and approved for the major new Lakeview Waterfront Connection Project which is now under construction adjacent to the site, through an effort of Credit Valley Conservation and TRCA as supported by the Region of Peel.

The Small Arms Inspection Building is situated on the northwest corner of the property at the foot of Dixie Road. The building includes over 4,000 m2 (43,000 ft2) with three distinct components: a two-storey front former administration wing, a bridging section with one-storey and two-storey components, and a rear one-storey former inspection plant. The front bridging sections of the building are constructed of a load-bearing clay tile structure with a flat roof and clad in red brick veneer. The rear portion of the building is one-storey, with high ceilings, a flat-roof with skylights supported by timber post and beam system, double brick masonry and bands of steel-framed windows. The Small Arms Inspection Building was designed by Allward and Gouinlock Architects to provide inspection and administrative purposes to the larger Small Arms Limited munitions plant. In 2009, City of Mississauga designated the building as being of cultural heritage value or interest under the Ontario Heritage Act.

The Region of Peel currently holds an easement over the frontage of the Small Arms Inspection Building for the purpose of constructing and maintaining the Hanlan Feedermain. The Region also has a temporary working easement east of the Small Arms Inspection Building for staging and construction. The work on the feedermain is scheduled for completion by end of 2016. The City of Mississauga’s proposal is for the conveyance of approximately 1.62 hectares (4 acres) of land surrounding the Small Arms Inspection Building for the development of a community facility. Initially the building will be managed as a satellite location to the Carmen Corbasson Community Centre, with the aim of building the capacity of a local organization and/or locating an existing group to manage and operate the facility within five years. The City of Mississauga plans to renovate and upgrade the existing Small Arms Inspection Building in two phases: Phase 1 would include the southern portion of the building and Phase 2 includes the northern portion of the building. In addition to the Small Arms Inspection Building, the City of Mississauga is requesting conveyance of an addition parcel of land (2.43 hectares [6 acres], more or less) for parking and for a use that would offset the restoration, maintenance and operating costs of the Small Arms Inspection Building. The City will include the building and additional parcel of land in their proposed Inspiration Lakeview Innovation Corridor Feasibility Study to inform their long term vision and Phase 2 of the building. Proposed Uses The proposed uses for the 4.04 hectare (10 acre) parcel would be consistent with the existing Lakeview Local Area Plan and the Arsenals Lands Master Plan which continues to be developed as a collaborative project by City of Mississauga and TRCA. These uses include:

commercial schools (This would include non-commercial school programming, with the understanding that such use would require the necessary planning amendments);

community facilities, including art studios and art galleries;

conference centre;

restaurants; and

secondary offices. Uses should educate citizens and/or support environmental stewardship, conservation and passive/active recreational activities and address other community needs as they emerge through further discussions and potential partnerships.

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Item 7.8

Additional reports will be provided for the information of the Board in the future as City of Mississauga’s plans for the site are finalized. On May 26, 2016 City of Mississauga Council adopted resolution GC-0459-2016 as follows:

1. That staff from Realty Services Section of the Corporate Services Department be

authorized to negotiate the conveyance of the Small Arms Inspection Building municipally known as 1352 Lakeshore Road East and a potential development block (5 acres) from the Toronto and Region Conservation Authority (“TRCA”) to the City of Mississauga as outlined in the Corporate Report dated May 26, 2016 from the Commissioner of Community Services.

2. That a by-law be enacted authorizing the Commissioner of Community Services and the

City Clerk to execute an Agreement of Purchase and Sale, and all documents ancillary thereto, between the Toronto and Region Conservation Authority (“TRCA”), as Vendor and the Corporation of the City of Mississauga (“Mississauga”), as Purchaser, for the acquisition of 1352 Lakeshore Road East and a 5 acre development block for a nominal ($2.00) consideration and on terms acceptable and in a form satisfactory to the City Solicitor.

RATIONALE The use of the Building does not directly align with TRCA’s facility needs or long term office accommodation strategy. Given the historical and community significance of the Small Arms Inspection Building and associated lands, TRCA and the City of Mississauga agree that a conveyance to the City of Mississauga would provide a greater opportunity for restoration, programming and operation of a community facility. The preliminary vision for the facility includes a combination of office, studio and community space that promotes arts, culture, heritage, scientific research, idea exchange and small business opportunities which more accurately align with City of Mississauga programing requirements. These include:

Building and sites alignment to the City of Mississauga proposed Inspiration Lakeview Innovation Corridor;

Potential to satisfy cultural space needs as identified through the Cultural Infrastructure and Creative Spaces Strategy; and

Permitted uses under the existing City of Mississauga Official Plan, and the Lakeview Local Area Plan (Policy 13.1.9.4): commercial schools; community facilities, including art studios and art galleries; a conference centre; restaurants; and secondary offices.

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Item 7.8

FINANCIAL DETAILS TRCA and the City of Mississauga have collaborated for the last number of years with the aim of obtaining federal, provincial and community funding and other support for the restoration and development of a community facility on the subject lands and housed within the existing building. To date, approximately $2.6 million dollars has been committed toward the capital restoration of the building and grounds, with up to $1 million being supplied through the federal government’s ‘Canada 150 Community Infrastructure Program’. A contribution of at least $1 million by the City of Mississauga is necessary to secure the federal contribution. In addition, TRCA has approximately $1.1 million dollars in funds received from the Region of Peel for the securement of the building along with approximately $500,000 remaining from the original purchase for rehabilitation of the site. City of Mississauga has requested that the $2.6 million dollars currently held by TRCA be transferred to the City of Mississauga in order to support the project. The transfer of the funding is subject to the approval of the Region of Peel and federal government. Report Prepared by: Brandon Hester, extension 5767; Jae R. Truesdell, extension 5247 Emails: bhester@trca.on.ca; jtruesdell@trca.on.ca For Information contact: Brandon Hester, extension 5767; Jae R. Truesdell, extension 5247 Emails: bhester@trca.on.ca; jtruesdell@trca.on.ca Date: July 14, 2016 Attachments: 1

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DIXIE RD

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Attachment 1

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Item 8.4

Section III – Items for the Information of the Board TO: Chair and Members of the Authority Meeting #6/16, Friday, July 22, 2016 FROM: Brian Denney, Chief Executive Officer RE: PROVINCIAL REVIEW OF THE CONSERVATION AUTHORITIES ACT Phase Two of Three ____________________________________________________________________________ KEY ISSUE Update on the Province of Ontario’s Phase Two of the Conservation Authorities Act review and summary of preliminary messages and priorities to be included in TRCA comments for submission to the Province by September 9, 2016.

RECOMMENDATIONS IT IS RECOMMENDED THAT WHEREAS the Province of Ontario has released Phase Two of its three-phase review of the Conservation Authorities Act by putting forward a set of proposed priorities and actions for public comment on the Environmental Registry (EBR#012-7583); AND WHEREAS Toronto and Region Conservation Authority (TRCA) staff are participating in the provincial consultation process for providing a response to the proposed priorities and actions; THEREFORE LET IT BE RESOLVED THAT the following report providing an overview of the Phase Two review and staff’s preliminary messages and priorities to be included in TRCA’s response be received; THAT this report be circulated to TRCA’s municipal partners, neighbouring conservation authorities and Conservation Ontario for their information in formulating their own responses to the EBR posting, due September 9, 2016; THAT Authority Members be requested to reach out to their own networks of stakeholders to gather support for provincial recognition of conservation authorities’ integral role in assisting its partners in building sustainable communities; AND FURTHER THAT staff report back to the Authority in September 2016 on TRCA’s final EBR submission.

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Item 8.4

BACKGROUND Conservation Authorities Act Review – Phase One In 2015, the Ministry of Natural Resources and Forestry (MNRF) initiated a review of the Conservation Authorities Act (CA Act) to ensure that the Act is meeting the needs of Ontarians in a modern context. The Province’s stated objective for the review was to identify opportunities to improve the legislative, regulatory and policy framework that currently governs the creation, operation and activities of conservation authorities that may be required in the face of a constantly changing environment. As the first phase in the Ministry’s review process, a discussion paper was posted on the Environmental Bill of Rights Registry (EBR). The discussion paper focused stakeholder feedback on the governance, funding mechanisms and the roles and responsibilities of conservation authorities (CAs) and included a series of questions to solicit comments on each of the three theme areas.

At Authority Meeting #8/15, held on September 25, 2015, Resolution #A168/15 approved TRCA’s submission to the Province. A copy of TRCA comments was also circulated to partner municipalities. TRCA comments were submitted to the EBR on October 19, 2015. The main recommendations from the TRCA submission on Phase One of the Act’s review were the following:

Establish a provincial directive or memorandum of understanding to clarify roles and responsibilities of CAs and recognize their important contribution to meeting provincial and municipal objectives.

Establish a new multi-agency liaison body for stronger collaboration among CAs, provincial ministries and municipalities.

Maintain MNRF’s oversight of appealed s.28 permit decisions separate from the OMB.

Amend section 28 to strengthen the ability of CAs to enforce their regulation.

Review the list of eligible expenditures recognizing activities contributing to multiple ministries’ objectives.

Provide specific language to clarify and modernize the levy provisions in the Act

Conservation Authorities Act Review – Phase Two As per the normal EBR process, the Province does not respond directly to comment submissions. However, as part of Province’s Phase Two of the review, on May 12, 2016, they released “Conserving Our Future: Proposed Priorities for Renewal” on the EBR comprising a proposed set of priorities and actions based on the feedback received from stakeholders in Phase One. The Province’s proposed priorities are as follows:

PRIORITY #1: Strengthening Oversight and Accountability PRIORITY #2: Increasing Clarity and Consistency PRIORITY #3: Improving Collaboration and Engagement PRIORITY #4: Modernizing Funding Mechanisms PRIORITY #5: Enhancing Flexibility for the Province

For each priority, the Province has also issued a series of proposed actions to be taken by the Ministry to address their priorities. There are four to five actions per priority listed in the provincial document; Conserving our Future: Proposed Priorities for Renewal.

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Item 8.4

Shortly after the release of the priorities and actions, the Province issued invitations to Conservation Ontario and to the CEO/CAOs of southern Ontario CAs for stakeholder engagement sessions. TRCA staff attended these sessions; they were well attended by neighbouring CA staff, Conservation Ontario, the Association of Municipalities of Ontario, some representatives of aboriginal communities, the agricultural sector and the building and land development industry. The main messages voiced at these sessions were that the Province’s priorities were to maintain the broad mandate of CAs but to be clear on the mandate, to increase funding to CAs but to keep service standards and accountability high, to facilitate greater collaboration and coordination among CAs and provincial and municipal partners, and to recognize that CAs work with a number of different ministries aside from MNRF.

Conservation Ontario (CO) has been engaged with the Province through Phase Two and through the previous phase of the Act’s review. As well as attending the engagement sessions, CO has produced an array of correspondence for all CAs meant to assist them in responding to the proposed priorities and actions. Over the past few months, TRCA’s Chief Executive Officer (CEO) has been participating in CA Act working group discussions and sessions with CO staff and other CA general managers to formulate a collective response to the provincial priorities and actions. In addition, the Province established a stakeholder advisory group to provide initial feedback to the proposed priorities. TRCA’s CEO and four other general managers from the CA Act working group were selected to participate on the Province’s stakeholder advisory group. Along with several other stakeholder agencies, they met on May 16 and 17, 2016 with MNRF staff and former parliamentary assistant, Eleanor McMahon. CO reported that during this meeting, the CA members encouraged the discussion to focus less on the details of CA regulations and more on the critical state of our natural resources and opportunities for creating increased capacity for resilience of natural resources. In July 2016, CO distributed to all CAs its draft response to the Province’s priorities and actions with a request for comments in time for their next CO Council meeting. Once the CO response is finalized and endorsed by their Council, it will constitute their submission to MNRF through the EBR. Summary of TRCA’s Preliminary Comments for Submission to the Province To date, TRCA staff have formulated the following draft, preliminary comments to inform our EBR submission in response to the Province’s suggested priorities and actions. The preliminary comments are premised on staff’s opinion that the Province’s Phase Two proposed priorities and actions do not speak entirely to TRCA’s previous comments in Phase One. As a result, the preliminary comments are aligned with many of the same messages that were included in TRCA comments on the first phase of the review.

Maintain the broad mandate of CAs as outlined in the Act;

Recognize, validate and strengthen the important and diverse role CAs play as local implementation agents helping to achieve a number of provincial and municipal objectives;

Establish a collaborative approach that recognizes the important partnerships CAs have with numerous provincial, municipal and local stakeholders;

Establish a sustainable and equitable funding model;

Ensure the Act and its administration allow CAs to support emerging natural resource management issues including the directions of the proposed amendments in the Four-Plan Provincial review;

Facilitate CA service excellence.

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Item 8.4

Staff have also drafted some preliminary recommendations that could address these priorities as follows:

The Act’s section 20 and 21 object and powers of a CA remain relevant and effective and do not require modification. TRCA suggests that the Act remain broad and that additional direction or interpretation occur within a policy directive.

Acknowledge that the Act enables CAs to work collaboratively with the Province, municipalities and other watershed stakeholders in the delivery of programs and services to achieve healthy watersheds and to anticipate and respond to local and emerging sustainable community needs or issues.

Establish an inter-agency liaison body for stronger collaboration among CAs, multiple provincial ministries and municipalities that encourages partnership and innovation in building sustainable communities resilient to the effects of urbanization and climate change. This body could serve to further a dialogue on mutual areas of interest in natural resources and growth management; for example, nature-based recreation and education, aboriginal engagement and cultural heritage.

For the inter-agency liaison body to guide the development of a provincial directive, policy or memorandum of understanding that would affirm CAs’ valuable roles in managing natural hazards, natural heritage and other sustainability measures and to continue to grow healthy, resilient urban and rural communities. Looking forward, the broad range of local expertise that CAs possess will be needed to address emerging sustainability issues at watershed and regional scales.

Amend the current funding formula for CAs to increase financial contributions from the Province by drawing on funds from multiple ministries that are either partnering with, or are serviced by CAs. This new point of funding would augment current municipal funding for CAs.

In consultation with the Province and municipalities, create a new toolkit for funding mechanisms (in addition to current municipal funding) to support areas of mutual interest such as trail planning, natural heritage protection, adaptive re-use, open space maintenance, stormwater management and other needs of highly urbanized jurisdictions.

Amend Section 28 of the Conservation Authorities Act to update and enhance compliance mechanisms in order to allow CAs to effectively uphold their regulatory responsibilities and to support the provincial interest in natural hazard management.

Undertake minor amendments to the Act for modernizing administrative processes to better reflect current best practices and align with other more current legislation.

In addition to adding to and refining these draft comments, TRCA staff are also reaching out to various TRCA partners and the public to engage them in the review and gather support for TRCA’s comments. This is being accomplished in conjunction with TRCA Communications staff to publish a summary of TRCA’s preliminary comments on the TRCA website and distributing the summary to TRCA partners where opportunities arise. DETAILS OF THE WORK TO BE DONE Staff will continue to work on TRCA’s submission for the Phase Two EBR posting and report back to the Authority in September with the final submission.

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Item 8.4

The release of the Priorities and Proposed Actions represents the second phase in the MNRF’s three-phase review of the Conservation Authorities Act. Comments collected will be used by the Ministry to inform the development of specific changes to the existing legislative, regulatory and policy framework. Once recommendations for these specific changes are completed by the Province, the third and final phase of the CA Act review will begin through further public consultation. Through TRA’s website and by reporting back to the Authority in September 2016, TRCA will keep members and watershed stakeholders informed on the status and process of this initiative and TRCA’s responses. Additionally, TRCA will continue to participate on the Conservation Ontario CA Act Review Working Group. Report prepared by: Mary-Ann Burns, extension 5763, Noah Gaetz, extension 5348 Emails: mburns@trca.on.ca For Information contact: Brian Denney, 416-667-6290 Emails: bdenney@trca.on.ca Date: July 22, 2016

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