Board Meeting - June 12, 2023

Toronto Transit Commission Board

Meeting No.: 2073

Meeting Date: Monday, June 12, 2023

A meeting of the TTC Board was held in Committee Room 2, Toronto City Hall, 100 Queen Street West, Toronto, Ontario and by video conference on Monday, June 12, 2023 commencing at 10:05 a.m. The meeting recessed at 12:51 p.m. to meet as the Committee of the Whole. The Board reconvened the public session at 12:57 p.m.

Present at Committee of the Whole

Commissioners:

J. Burnside (Chair), J. De Laurentiis (Vice-Chair), P. Ainslie, S. Holyday, F. Jagdeo, R. Lalonde, N. Mantas, C. Moise and J. Osborne

Staff:

R. Leary, M. Atlas, K. Campbell, G. Downie, A. Gibson, B. Hasserjian, J. La Vita, F. Monaco, N. Poole-Moffatt, R. Wong, S. Ambrozy, A. Cassar, J. Montagnese, J. Taylor, K. Thorburn, C. Finnerty and J. Ishak were present.

J. Monk (Chair’s Office) was also present.

J. Burnside was in the Chair.

Present at Public Session

Commissioners:

J. Burnside (Chair), J. De Laurentiis (Vice-Chair), P. Ainslie, S. Holyday, F. Jagdeo, R. Lalonde, N. Mantas, C. Moise and J. Osborne

Staff:

R. Leary (Chief Executive Officer), M. Atlas (General Counsel), K. Campbell (Chief Diversity and Culture Officer), G. Downie (Chief Capital Officer), A. Gibson (Chief Strategy and Customer Officer (Acting)), B. Hasserjian (Chief Safety Officer), J. La Vita (Chief Financial Officer), F. Monaco (Chief Operations and Infrastructure Officer), N. Poole-Moffatt (Chief of Corporate Affairs), R. Wong (Chief Transportation and Vehicles Officer), S. Ambrozy (Solicitor), A. Cassar (Director - Budgets, Costing and Financial Reporting), J. Montagnese (Executive Director - Finance), K. Thorburn (Executive Director, Corporate Initiatives) C. Finnerty (Director - Commission Services) and J. Ishak (Administrator - Secretariat Services) were present.

D. Campbell, G. Tanner (City of Toronto) were present for Item 3.

J. Monk (Chair’s Office) was also present.

J. Burnside was in the Chair from 10:05 a.m. to 10:58 a.m. J. De Laurentiis assumed the
Chair at 10:58 a.m. J. Burnside reassumed the Chair at 11:22 a.m.

Land Acknowledgement

Chair Burnside requested C. Finnerty to acknowledge that the TTC Board was meeting on the traditional territory of many nations including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples and is now home to many diverse First Nations, Inuit and Métis peoples. C. Finnerty also acknowledged that Toronto is covered by Treaty 13 signed with the Mississaugas of the Credit.

Declaration of Interest – Municipal Conflict of Interest Act

Nil

Minutes of the Previous Meeting

Commissioner Moise moved that the TTC Board approve the Minutes of Meeting No. 2072 held on Monday, May 8, 2023.

The motion by Commissioner Moise carried.

Business Arising Out of the Minutes

Nil

Committee of the Whole

Chair Burnside moved the following motion:

That the TTC Board recess as the Committee of the Whole to consider the following confidential item:

Information that is subject to solicitor-client privilege, litigation or potential litigation, including matters before administrative tribunals and information about a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on, or to be carried on, by or on behalf of the TTC

8. Toronto-York Spadina Subway Extension – Litigation Status Update

The motion by Chair Burnside carried.

Public Presentations

Item No.3. Community Safety and Security Update

Colby Badhwar
Chloe Tangpongprush
Fatima Hussain
Butterfly Gopaul

The Board received the deputations for information (See Item No. 3 for minute)

Item No.4. Sustaining a Reliable Transit System to Keep Toronto Moving: Outlook 2024 and Beyond

Alan Yule

The Board received the deputation for information (See Item No. 4 for minute)

Item No.5. Diversity and Culture 2022 Annual Report: Equity, Diversity & Inclusion in

Motion

Alan Yule

The Board received the deputation for information (See Item No. 5 for minute)

Presentations/Reports/Other Business

1. Chief Executive Officer’s Report – June 2023

R. Leary, Chief Executive Officer, delivered a verbal presentation on this item.

L. Lui, Head of Service Planning and Scheduling delivered a presentation on this item.

Commissioner Holyday moved receipt of the Chief Executive Officer’s Report – June
2023 for information.

The motion by Commissioner Holyday carried.

Received

2. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for April 27, 2023

A. Dressler, ACAT Chair, delivered a verbal presentation on this item.

Commissioner Osborne moved receipt of the Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for April 27, 2023 for information

The motion by Commissioner Osborne carried.

Received

3. Community Safety and Security Update

Chair Burnside moved the following:

It is recommended that the TTC Board:

1. Request the Chief Executive Officer, Toronto Transit Commission to provide a comprehensive Briefing Note to the TTC Board, with a copy to the City Manager on the building and operating of its publicly accessible wifi and telecommunications network used throughout the transit system.
2. As part of its Community Safety Issues and Response and in consultation with appropriate community stakeholders, request TTC staff to: a. develop a strategy to educate transit riders in appropriate and demographically-targeted languages, how they can report incidents of AntiAsian hate experienced while riding Toronto Transit Commission vehicles or within Toronto Transit Commission properties; and b. produce clear and easy to understand signage in appropriate languages that will be posted in prominent locations in Toronto Transit Commission stations and vehicles as part of this strategy.
3. Direct TTC staff to report to the Board on the current training that staff receive on documenting and responding to incidents of Anti-Asian hate, and other forms of targeted hate based on ethnicity, culture, language, religion, gender identity, or sexual orientation aboard TTC vehicles or within TTC properties.
4. Request TTC staff to further explore, in consultation with appropriate community stakeholders, a strategy to educate transit riders in appropriate ways how they can report incidents of targeted hate, including but not limited to, Antisemitism, Islamophobia, Homophobia, Transphobia, Anti-Indigenous racism, and Anti-Black racism while riding Toronto Transit Commission vehicles or within Toronto Transit Commission properties.
5. Request the Chief Executive Officer, Toronto Transit Commission, to work with the City Manager to convene on an urgent basis, a multi-government Transit and Community Safety Task Force to create a co-ordinated strategy and response to address the unprecedented growing safety and security crisis on the Toronto Transit Commission.
6. Direct TTC staff to:
   a. purposefully engage with community groups, organizations, and experts in homelessness and mental health to provide input into TTC’s 5-year Community Safety and Security Plan;
   b. apply an equity impact analysis to all elements of said Plan, with TTC staff from divisions/teams specifically tasked with Equity, Research and Analytics, and Community Engagement mandates to be key internal contributors;
   c. further explore opportunities to augment current capacity to service and support customers who may be homeless or are dealing with or exhibiting signs of poor mental health or distress on the TTC;
   d. reconstitute the TTC’s internal Women and Diversity Committee to include residents with current or recent lived experience, advocates, and experts, to advise on the development, implementation, evaluation, and ongoing monitoring of the TTC’s 5-year Community Safety and Security Plan; and
   e. develop guidelines for the collection of identity-based data with regards to incidents of compromised passenger safety and wellbeing on the TTC.
7. Direct TTC staff to report to the Board on the impediments to full cellular access on the subway.

The motion by Chair Burnside carried and the item was adopted, as amended.

Amended

Correspondence Submitted by: Chinese Canadian National Council Toronto Chapter and TTC Riders

4. Sustaining a Reliable Transit System to Keep Toronto Moving: Outlook 2024 and Beyond

Commissioner De Laurentiis moved to adopt the item, as follows:
It is recommended that the TTC Board:
1. Forward this report to the following:
a. The Federal and Provincial Governments to request a tri-partite discussion on
development of a sustainable, long-term funding model for public transit; and
b. The City Manager, City of Toronto to inform the development of the City’s LongTerm Financial Plan.
The motion by Commissioner De Laurentiis carried.


5. Diversity and Culture 2022 Annual Report: Equity, Diversity & Inclusion in Motion
Commissioner Moise moved to adopt the item, as follows:
It is recommended that the TTC Board:
1. Receive the report for information.
2. Forward this report to the City of Toronto’s Confronting Anti-Black Racism Unit, the
Indigenous Affairs Office of the City of Toronto, and Ombudsman Toronto.
The motion by Commissioner Moise carried.
Approved
6. SRT Replacement Transit Priority Measures – Delegation of Authority
Commissioner Moise moved to adopt the item, as follows:
It is recommended that the TTC Board:
1. Delegate authority to the TTC Chief Executive Officer to award the SRT Transit
Priority Measures construction contract provided that the contract award values are
within the TTC estimate as set out in the Confidential Attachment and subject to
prior confirmation by the Chief Capital Officer and Chief Financial Officer.
2. Authorize that the information in the Confidential Attachment remain confidential
until such time as the Transit Priority Measures construction contract is awarded.
The motion by Commissioner Moise carried.
Approved

7. St Clair West Station Fire Ventilation Upgrade Project

Commissioner Jagdeo moved to adopt the item, as follows:

It is recommended that the TTC Board:

1. Authorize staff to request the City of Toronto, Corporate Real Estate Management, to acquire the necessary property interests either through negotiation, or expropriation, as required and on the TTC’s behalf, on the terms and conditions summarized in the Confidential Attachment.
2. Approve the recommendations set out in the Confidential Attachment, and authorize that the information remain confidential until such time as the agreement(s) are executed with all property owners.

The motion by Commissioner Jagdeo carried.

Approved

8. Toronto-York Spadina Subway Extension – Litigation Status Update

Commissioner Moise moved to adopt the item, as follows:

It is recommended that the TTC Board:

1. Authorize the information contained in the confidential attachment to remain confidential as it contains advice that is subject to solicitor-client privilege and is about litigation or potential litigation, including matters before administrative tribunals.

The motion by Commissioner Moise carried.

Approved

9. Presentation: SAP Program Update

M. Moreira, Senior Director – System Applications and Business Unit delivered a presentation on this item.

Commissioner Holyday moved receipt of the Presentation: SAP Program Update for information.

The motion by Commissioner Holyday carried.

Received

10.Financial and Major Projects Update for the Period Ended April 29, 2023
Commissioner Osborne moved to adopt the item, as follows:
It is recommended that the TTC Board:
1. Approve the following adjustments to the TTC’s 2023-2032 Capital Budget and
Plan for the TTC Green Bus Program by:
a. Increasing the 2023-2032 Approved Capital Budget and Plan by $349 million to
a total of $799 million for the TTC Green Bus Program to be fully offset by $349
million in incremental funding to be received through Infrastructure Canada’s
(INFC) Zero Emission Transit Fund (ZETF) for the procurement of 340 eBuses
and 248 charge points;
b. Amending the 2023 Capital Budget and 2024-2026 cash flow funding estimates
to align with the estimated project delivery schedule to the following:

2. Approve the 2023 Capital Budget in-year budget adjustments to offset projects that
have had accelerated spending with projects that have experienced delays and
lower spending with no debt impact, as outlined in Appendix 3 of this report.
3. Authorize that the recommended budget adjustments in Recommendations 1 and 2
above to the TTC’s 2023-2033 Capital Budget and Plan be included in the TTC’s
submission for the Capital Variance Report for the four months ended April 30,
2023 for City Council consideration and approval.
The motion by Commissioner Osborne carried.
Approved

11.KPMG LLP Audit Findings Report on the Toronto Transit Commission Consolidated
Financial Statements for the Year Ended December 31, 2022
Commissioner Lalonde moved to adopt the item, as follows:
It is recommended that the TTC Board:
1. Receive the KPMG LLP Audit Findings Report on the Toronto Transit Commission
Consolidated Financial Statements for the Year Ended December 31, 2022.
2. Forward a copy of this report to the City Clerk for submission to the City of Toronto
Audit Committee
The motion by Commissioner Lalonde carried.
Approved

12.Draft Consolidated Financial Statements of Toronto Transit Commission for the Year
Ended December 31, 2022
Commissioner Lalonde moved to adopt the item, as follows:
It is recommended that the TTC Board:
1. Approve the Draft Consolidated Financial Statements of Toronto Transit
Commission for the Year Ended December 31, 2022.
2. Forward a copy of this report to the City Clerk for submission to the City of Toronto
Audit Committee
The motion by Commissioner Lalonde carried.
Approved

13.Annual Review of TTC’s Safety, Health & Environment (SH&E) Management System

Commissioner Lalonde moved receipt of the Annual Review of TTC’s Safety, Health & Environment (SH&E) Management System for information.

The motion by Commissioner Lalonde carried.

Received

14.TTC Pension Plan Bylaw Amendments

Commissioner Osborne moved to adopt the item, as follows:

It is recommended that the TTC Board:

1. Approve the recommended changes to the TTCPP Bylaws, included as Appendix 1 to the TTC Pension Plan Bylaw Amendments report.
2. Appoint Alex Cassar, Director – Budgets, Costing and Financial Reporting as a Director and Richard J. Leary, Chief Executive Officer as an Observer on the TTC

Pension Plan Board of Directors

The motion by Commissioner Osborne carried.
Approved

15.TTC Pension Fund Society (TTC Pension Plan/TTCPP) Annual Report

Commissioner De Laurentiis moved receipt of the Annual Review of TTC’s Safety, Health & Environment (SH&E) Management System for information

The motion by Commissioner De Laurentiis carried.

Received

On a motion by Commissioner Osborne, the meeting adjourned at 12:58 p.m.