Councillor’s Report (Councillor S. Plante) – Strengthening Protections Against Construction Encroachment and Enforcing Committee of Adjustment Conditions
File Number: ACS2026-OCC-CCS-0064
Report Recommendation(s)
That the Emergency Preparedness and Protective Services Committee recommend Council:
Direct staff to explore the feasibility of drafting a By-law, or by-law amendments, similar to the City of Toronto’s Municipal Code, Chapter 363, Article 8, with additions as appropriate, and report back to the relevant committee/council before the end of Q4 2026; and
Report back on potential municipal tools (including but not limited to: dust control, security requirements, restoration bonds, vibration monitoring tools) that may be implemented within existing legislative authority.
That City Council request the Mayor to write the Premier of Ontario to:
Request amendments to the Trespass to Property Act, R.S.O. 1990, c. T.21, to include provisions that explicitly prohibit unauthorized encroachment onto adjacent private properties during demolition or construction activity, as well as the monitoring of other potential damages, and to further provide for an escalating penalty scale consistent with the maximum penalties currently authorized under the Act. The requested amendments should also include provisions allowing for non-monetary consequences, such as prohibiting the issuance of a building permit to repeat offenders for a defined period of time, as well as enabling the use of Administrative Monetary Penalties (AMPs) as an enforcement tool to address encroachment violations promptly and effectively.
Request that the province consider strengthening the enforcement of Committee of Adjustment (COA) conditions by providing municipalities with enhanced mechanisms to ensure compliance with approved variances, including, but not limited to, requirements to include soft landscaping and finishes, including authority to pursue enforcement when developers contravene approved building specifications.
That this report and supporting documentation, as adopted by Council, be attached to the Mayor’s letter.
In Camera Items
Notices of Motions (For Consideration at Subsequent Meeting)
Inquiries
Other Business
Adjournment
Next Meeting
June 15, 2026