Board Meeting - December 3, 2024

Toronto Transit Commission Board

Meeting No.: 2093

Meeting Date: Tuesday, December 3, 2024

A meeting of the TTC Board was held in Committee Room 2, City Hall, 100 Queen Street West, and by video conference on December 3, 2024, commencing at 10:11 a.m. The meeting recessed at 12:51 p.m. and reconvened at 2:06 p.m. The meeting recessed at 4:37 p.m. to meet as the Committee of the Whole. The Board reconvened in public session at 4:48 p.m.

Present at Committee of the Whole

Commissioners:

J. Myers (Chair), J. De Laurentiis, S. Holyday, L. Kim, J. Matlow, and J. Osborne.

Staff:

G. Percy, M. Atlas, J. Colle, J. La Vita, B. Macgregor, S. Naraine, A. Gibson, M. Hopkins, C. Finnerty and L. Soto Maya.

C. Alexander (Mayor’s Office) and D. Jain (Chair’s office) were also present.

Present at Public Session

Commissioners:

J. Myers (Chair), J. De Laurentiis (Vice-Chair), P. Ainslie, F. Jagdeo, S. Holyday, L. Kim, J. Matlow, C. Moise, J. Osborne, and D. Saxe

Staff:

G. Percy (Interim Chief Executive Officer), M. Atlas (General Counsel), J. Colle (Chief Strategy and Customer Experience Officer), S. Davies (Chief Capital Officer), G. Downie (Chief Capital Officer), B. Hasserjian (Chief Safety Officer), J. La Vita (Chief Financial Officer), B. Macgregor (Deputy CEO), F. Monaco (Chief Operations and Infrastructure Officer), S. Naraine (Chief People and Culture Officer), N. Poole-Moffatt (Chief of Corporate Affairs), R. Wong (Chief Transportation and Vehicles Officer), D. Shanmuganayagam (Chief Information Officer), A. Srivastava (Chief Information Security Officer), B. Case (Executive Director - Innovation and Sustainability), A. Gibson (Executive Director – Fare Technology and System Stewardship), M. Hopkins (Executive Director, People), K. Thorburn (Executive Director - Corporate Initiatives), B. Callaghan (Head, Track and Structure), V. Chandrakanthan (Head - Audit, Risk and Compliance), L. Lui (Head, Service Planning & Scheduling), T. Markandaier (Head, Procurement and Category Management), R. Park (Head, Vehicle Programs), C. Penman (Head, Wheel-Trans), W. Reuter (Head, Research and Analytics), J. Richardson (Head – Stations), J. Dimovski (Chief Project Manager, Construction), M. Hagg (Manager, Customer Policy and Planning), N. Kandiah (Manager, Fare Policy and Planning), W. Welsh (Senior Manager, Capital Project Delivery), S. Green (Senior Communications Specialist), C. Finnerty (Director - Commission Services), and L. Soto Maya (Coordinator - Secretariat Services) were present.

C. Alexander (Mayor’s Office), D. Jain (Chair’s office), A. Dressler (ACAT Chair), J. Phelps, H. Phelps (Phelps Group), S. Janjoa (Hatch), and B. Scooter (American Public Transportation Association) were also present.

J. Myers was in the Chair.

Land Acknowledgement

Chair Myers acknowledged 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, and that Toronto is covered by Treaty 13 with the Mississaugas of the Credit.

Declaration of Interest – Municipal Conflict of Interest Act

Nil

Minutes of the Previous Meeting

Commissioner Matlow moved that the TTC Board approve the Minutes of Meeting No. 2093 held on Tuesday, October 29, 2024.

The motion by Commissioner Matlow carried.

Committee of the Whole

Chair Myers moved the following motion:

That the TTC Board recess and sit as the Committee of the Whole to consider the following confidential items:

Labour relations or employee negotiations

10. TTC and ATU Local 113 – Customer Service Centre – Collective Agreement Ratification

Advice that is subject to solicitor-client privilege, including communications necessary for that purpose:

16. Notice of Motion – Retirement of Legacy Fare Media – by Chair Jamaal Myers, seconded by Commissioner Chris Moise

Personal matters about an identifiable individual, including city or local board employees

18. Update on Chief Executive Officer Mandate

The motion by Chair Myers carried.

Public Presentations

The Board received the following deputations for information:

Item No. 4 – 2024-2028 TTC 5-Year Accessibility Plan and Wheel-Trans Transformation Program Update

Kate Welsh

Jane Field

Shelagh Pizey-Allen, TTCriders

Gabriel Reznick, ARCH Disability Law Centre

Jennifer Conroy

Terri-Lynn Langdon

Adam Cohoon

August Puranauth, TTCriders

Jane Rowan

Item No. 5 – Easier Access Phase III   Project Status Update December 2024

Adam Cohoon

Item No. 7 – Seasonal Prohibition on Lithium-Ion Battery Powered E-Bikes and E-Scooters

Alan Yule

Michael Longfield, Executive Director, Cycle Toronto

Colby Badhwar

Item No. 12 – Financial and Major Projects Update for the Period Ended September 28, 2024

Kevin Rupasinghe

Item No. 16 – Notice of Motion - Retirement of Legacy Fare Media

Gregory Karastergios

Adam Cohoon

Yobie Saravanabavan

Zain Khurram, Toronto Youth Cabinet

Shelagh Pizey-Allen, TTCriders

Order of Business

The TTC Board altered the Order of Business to consider Item 17 at 2:00 p.m.

Presentations/Reports/Other Business 

 1. Chief Executives Officer’s Report – December 2024

G. Percy, Interim Chief Executive Officer, delivered a verbal presentation, and welcomed the new Chief Capital Officer, Stephanie Davies.

Chair Myers and G. Percy, Interim Chief Executive Officer acknowledged the following employees for achieving Long Service milestones with the TTC:

40 years of service: Renata Kuzma, Diego Spano, Luciano D’Agostino and Francesco Noto

45 years of service: Frank Cinerari

50 years of service: Dainora Gadisauskas

Commissioner Saxe moved a motion to receive the Chief Executive Officer’s Report – December 2024.

The motion by Commissioner Saxe carried.

Received

2. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for September 26, 2024

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

Commissioner Matlow moved receipt of the Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for September 26, 2024.

The motion by Commissioner Matlow carried.

Received

3. Appointment of Members to the Advisory Committee on Accessible Transit 2025

Chair Myers acknowledged the following retiring members of ACAT: Anita Dressler, ACAT Chair, Bobbi Moore, Erica Tanny, Howard Wax and Wangari Muriuki.

Commissioner Osborne moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:

1. Adopt the recommendations contained in Attachment 1 and authorize the public release of the names of the appointed candidates upon approval of the confidential recommendations.

The motion by Commissioner Osborne carried.

Chair Myers announced the following new members of ACAT for a term starting on January 1, 2025 to December 31, 2027: Craig Nicol, Jason Osborne, Karen Mootoo, Lauri Sue Robertson and Sophie Petrillo.

Chair Myers announced the following new ACAT Pool Members for a term starting on January 1, 2025 to December 31, 2025: Azim Lila, Nathaniel Tok, Olivia Darwin, and Paul Manna.

Approved

4. 2024-2028 TTC 5-Year Accessibility Plan and Wheel-Trans Transformation Program Update

Commissioner Matlow moved the following motion:

That TTC staff explore and report back with an equity analysis of the impacts of Family of Service trips on Wheel-Trans users.

That TTC staff request the Province of Ontario provide funding for increased Wheel-Trans service.

Commissioner Matlow requested a recorded vote on each recommendation:

That TTC staff explore and report back with an equity analysis of the impacts of Family of Service trips on Wheel-Trans users.

In favour: L. Kim, J. Matlow, C. Moise, D. Saxe, J. Osborne, J. Myers

Opposed: De Laurentiis, S. Holyday, F. Jagdeo

Absent: P. Ainslie

The motion by Commissioner Matlow carried on a vote of 6 to 3 in favour.

That TTC staff request the Province of Ontario provide funding for increased Wheel-Trans service.

In favour: F. Jagdeo, L. Kim, J. Matlow, C. Moise, J. Myers, D. Saxe, S. Holyday

Opposed: J. De Laurentiis, J. Osborne

Absent: P. Ainslie

The motion by Commissioner Matlow carried on a vote of 7 to 2 in favour.

Chair Myers moved the following motion:

That staff explore and report back not later than September 2025 on opportunities to maximize the effectiveness of TTC investments in providing accessible transportation services to customers with disabilities and that such opportunities be informed by an analysis of approaches other transit authorities may be employing to meet the increasing demand and associated costs of paratransit services.

The motion by Chair Myers carried.

Chair Myers moved the item as amended, as follows:

It is recommended that the TTC Board:

1. Receive the Wheel-Trans Transformation Program Update in Attachment 1 for information and forward a copy of this report to City Councillors; and

2. Approve the 2024-2028 TTC 5-Year Accessibility Plan in Attachment 2 of this report.

3. That TTC staff explore and report back with an equity analysis of the impacts of Family of Service trips on Wheel-Trans users.

4. That TTC staff request the Province of Ontario provide funding for increased Wheel-Trans service.

5. That staff explore and report back not later than September 2025 on opportunities to maximize the effectiveness of TTC investments in providing accessible transportation services to customers with disabilities and that such opportunities be informed by an analysis of approaches other transit authorities may be employing to meet the increasing demand and associated costs of paratransit services.

The motion by Chair Myers carried.

Amended

5. Easier Access Phase III   Project Status Update December 2024

Chair Myers moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:

1. Receive the current EAIII Program Schedule, noting the acceleration efforts presently underway, and that staff continue to seek opportunities for schedule improvements.

The motion by Chair Myers carried.

Approved

6. Work Car Hydraulic Leak Incidents Update

Commissioner Osborne moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:

1. Receive this report for information.

The motion by Commissioner Osborne carried.

Approved

7. Seasonal Prohibition on Lithium-Ion Battery Powered E-Bikes and E-Scooters

Commissioner Saxe moved the following motion:

That the TTC adopt the e-bike restrictions set out in the Metrolinx Bicycle Policy, amended to restrict any large e-bike, for example, those with wheels that do not fit in bike racks, to address safety concerns, while preserving the socio-economic and climate benefits that e-bikes offer to users and business owners in the City.

Commissioner Ainslie requested a recorded vote:

In favour: P. Ainslie, J. Matlow, C. Moise, D. Saxe

Opposed: J. De Laurentiis, S. Holyday, F. Jagdeo, L. Kim, J. Osborne, J. Myers

The motion by Commissioner Saxe failed on a vote of 6 to 4 in opposition.

Commissioner Saxe moved the following motion:

It is recommended that the TTC Board:

1. Approve the prohibition of lithium-ion-powered micromobility devices, including e-bikes and e-scooters, onboard TTC vehicles and inside TTC stations and facilities from November December 15 to April March 15 each year.

2. Forward this report to Transport Canada and the City of Toronto for information.

Chair Myers requested a recorded vote:

In favour: P. Ainslie, J. Matlow, C. Moise, D. Saxe, J. Myers

Opposed: J. De Laurentiis, S. Holyday, F. Jagdeo, L. Kim, J. Osborne

The motion by Commissioner Saxe failed on a tie vote.

Chair Myers moved the following motion:

1. Approve the prohibition of lithium-ion-powered micromobility devices, including e-bikes and e-scooters, onboard TTC vehicles and inside TTC stations and facilities from November 15 to April 15 each year.

2. Request that the City of Toronto and the Toronto Parking Authority:

a. Work with TTC Staff, food delivery companies (including Uber, Doordash, Skip, etc.) and labour unions (such as Gig Workers United) to study the feasibility of providing more secure e-bike storage and battery charging and exchange facilities near transit stations; and

b. Develop an E-Bikes in Indoor Public Spaces Policy by March 2025.

3. Request that the City of Toronto and the Toronto Parking Authority work with food delivery companies to provide e-bike and battery storage, exchange, charging, and transport solutions to support their workers’ needs, including requiring verification of e-bike and battery certification for workers to use their delivery platform.

4. Request that TTC staff to work with Toronto Fire, the City of Toronto, labour associations (such as Gig Workers United) and food delivery companies (including Uber, Doordash, Skip, etc.) to develop a communications campaign to inform e-bike users of the TTC’s e-bike policies.

5. Request that TTC staff to continue to work with Toronto Fire to monitor the evolution of lithium-ion batteries technology and safety considerations in order to assess future compatibility with public transit.

6. Direct TTC staff to communicate with the Ministry of Transportation and Transport Canada to advocate for developing and implementing safety regulations for e-bikes and the lithium-ion batteries they use.

Chair Myers requested a separate recorded vote on Recommendation 1 and the balance of the motion.

1. Approve the prohibition of lithium-ion-powered micromobility devices, including e-bikes and e-scooters, onboard TTC vehicles and inside TTC stations and facilities from November 15 to April 15 each year.

In favour: J. De Laurentiis, S. Holyday, F. Jagdeo, L. Kim, J. Osborne, J. Myers

Opposed: P. Ainslie, J. Matlow, C. Moise, and D. Saxe

The motion by Chair Myers carried on a vote of 6 to 4 in favour.

2. Request that the City of Toronto and the Toronto Parking Authority:

a. Work with TTC Staff, food delivery companies (including Uber, Doordash, Skip, etc.) and labour unions (such as Gig Workers United) to study the feasibility of providing more secure e-bike storage and battery charging and exchange facilities near transit stations; and

b. Develop an E-Bikes in Indoor Public Spaces Policy by March 2025.

3. Request that the City of Toronto and the Toronto Parking Authority work with food delivery companies to provide e-bike and battery storage, exchange, charging, and transport solutions to support their workers’ needs, including requiring verification of e-bike and battery certification for workers to use their delivery platform.

4. Request that TTC staff to work with Toronto Fire, the City of Toronto, labour associations (such as Gig Workers United) and food delivery companies (including Uber, Doordash, Skip, etc.) to develop a communications campaign to inform e-bike users of the TTC’s e-bike policies.

5. Request that TTC staff to continue to work with Toronto Fire to monitor the evolution of lithium-ion batteries technology and safety considerations in order to assess future compatibility with public transit.

6. Direct TTC staff to communicate with the Ministry of Transportation and Transport Canada to advocate for developing and implementing safety regulations for e-bikes and the lithium-ion batteries they use.

In favour: P. Ainslie, J. De Laurentiis, S. Holyday, F. Jagdeo, L. Kim, J. Matlow, C. Moise, J. Osborne and J. Myers

Absent: D. Saxe

The motion by Chair Myers carried on a vote of 9 in favour.

Chair Myers moved to receive the supplemental report.

The motion by Chair Myers carried.

Chair Myers moved to adopt the item, as amended, as follows:

That the TTC Board:

1. Approve the prohibition of lithium-ion-powered micromobility devices, including e-bikes and e-scooters, onboard TTC vehicles and inside TTC stations and facilities from November 15 to April 15 each year.

2. Request that the City of Toronto and the Toronto Parking Authority

a. Work with TTC Staff, food delivery companies (including Uber, Doordash, Skip, etc.) and labour unions (such as Gig Workers United) to study the feasibility of providing more secure e-bike storage and battery charging and exchange facilities near transit stations; and

b. Develop an E-Bikes in Indoor Public Spaces Policy by March 2025.

3. Request that the City of Toronto and the Toronto Parking Authority work with food delivery companies to provide e-bike and battery storage, exchange, charging, and transport solutions to support their workers’ needs, including requiring verification of e-bike and battery certification for workers to use their delivery platform.

4. Request that TTC staff to work with Toronto Fire, the City of Toronto, labour associations (such as Gig Workers United) and food delivery companies (including Uber, Doordash, Skip, etc.) to develop a communications campaign to inform e-bike users of the TTC’s e-bike policies.

5. Request that TTC staff to continue to work with Toronto Fire to monitor the evolution of lithium-ion batteries technology and safety considerations in order to assess future compatibility with public transit.

6. Direct TTC staff to communicate with the Ministry of Transportation and Transport Canada to advocate for developing and implementing safety regulations for e-bikes and the lithium-ion batteries they use.

7. Forward this report to Transport Canada and the City of Toronto for information.

8. Receive the Supplemental Report: Equity Analysis for Seasonal Prohibition on Lithium-Ion Battery Powered E-Bikes and E-Scooters for information.

The motion by Chair Myers carried.

Amended

8. TTC Digital Signage Program Implementation Update

Chair Myers moved the following motion:

That the TTC Board:

1. Withdraw item 2093.8 from the agenda.

The motion by Chair Myers carried.

Withdrawn

9. Subway Vendors Lease Agreements

Commissioner Osborne moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:

1. Retroactively approve negotiated rents from December 1, 2022, extend these rental rates to December 31, 2025, and authorize staff to work with the City of Toronto Corporate Real Estate Management Department to negotiate new terms and rates for leases starting January 1, 2026, as identified in Confidential Attachment 1 to this report.

2. Approve the write-off of $1,462,096.42 for uncollectible rental payments as detailed in Confidential Attachment 1 to this report.

3. Authorize that the information in Confidential Attachment 1 remain confidential as it contains 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 City or local board.

The motion by Commissioner Osborne carried.

Approved

10. TTC and ATU Local 113 – Customer Service Centre – Collective Agreement Ratification

Chair Myers moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:

1. Adopt the recommendations as set out in the Confidential Attachment; and

2. Authorize that the confidential recommendations and confidential information respecting the Collective Agreement with Amalgamated Transit Union Local 113 – Customer Service Centre be released upon ratification of the tentative agreement by both the TTC and Amalgamated Transit Union Local 113 – Customer Service Centre.

Commissioner Holyday requested a recorded vote.

In favour: De Laurentiis, L. Kim, J. Matlow, J. Osborne, J. Myers

Opposed: S. Holyday

Absent: F. Jagdeo, C. Moise, D. Saxe

The motion by Chair Myers carried on a vote of 5 to 1 in favour.

Approved

11. Full Roll-out of Body-Worn Cameras for Special Constables and Fare Inspectors

Commissioner Saxe moved to receive the report.

The motion by Commissioner Saxe carried.

Received

12. Financial and Major Projects Update for the Period Ended September 28, 2024

Chair Myers moved to adopt the report recommendations, as follows:

It is recommended the TTC Board:

1. Approve the 2024 Capital Budget in-year budget adjustments to offset projects that have had accelerated spending by $135.6 million with projects that have experienced delays and lower spending by $135.6 million with no debt impact, as outlined in Appendix 3 of this report.

2. Authorize the recommended budget adjustments to the TTC’s 2024-2033 Capital Budget and Plan in Recommendation 1 above to be included in the TTC’s Capital Variance Report submission to the City of Toronto for the nine months ended September 30, 2024, for City Council consideration and approval.

The motion by Chair Myers carried.

Approved

13. Procurement Amendment Authorization – TTC Purchasing Card Program Contract

Commissioner Holyday moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:

1. Authorize a contract amendment with the Bank of Montreal to exercise the final two year contract extension option from March 31, 2025 to March 31, 2027 and an increase to the contract upset limit amount by $12,732,000 (inclusive of HST) to $49,450,000 (inclusive of HST) from $36,718,000 (inclusive of HST).

The motion by Commissioner Holyday carried.

Approved

14. Procurement Authorization – SAP Managed Infrastructure Services and Software Subscriptions

Commissioner Osborne moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:

1. Authorize the award of a contract for SAP Managed Infrastructure Services and Software Subscriptions to SAP Canada Inc. in the amount of $20.498 million, inclusive of HST, for a five-year term, commencing January 1, 2025

2. Receive the Confidential Attachment and authorize that the information contained in

the Confidential Attachment remain confidential in its entirety as it contains information related to the security of the property of the city or local board.

The motion by Commissioner Osborne carried.

Approved

15. Contract Amendment – Replacement of Rectifier and Rectifier Transformer Units

Commissioner Saxe moved to adopt the report recommendations, as follows:

It is recommended that the TTC Board:1. Authorize a contract amendment to Ainsworth Inc. for contract C58SA23360, Replacement of Rectifier – Rectifier Transformers, and increase the total contract amount by $7,796,710.86, inclusive of HST, to a revised total of $11,133,272.19, inclusive of HST, to cover the cost of six additional rectifier and rectifier transformer units as follows:

• 2025 rectifier and rectifier transformer units for a total of $3,669,052.00 for Duncan Substation (one) and Downsview Substation (two); and

• 2026 rectifier and rectifier transformer units for a total of $4,127,658.86 for Downsview Substation (one) and Glenayr Substation (two).

The motion by Commissioner Saxe carried.

Approved

16. Notice of Motion – Retirement of Legacy Fare Media – by Chair Jamaal Myers, seconded by Commissioner Chris Moise

Chair Myers moved the following motion:

1. That the TTC defer the stop acceptance of TTC tickets, tokens and day passes until June 1, 2025 for conventional transit users, and December 31, 2025 for Wheel-Trans riders on the Wheel-Trans service as a promotional fare.

2. That TTC staff begin to immediately implement a communications plan to inform customers about the June 1, 2025 retirement of legacy fare media for conventional transit users, and December 31, 2025 for Wheel-Trans riders on the Wheel-Trans system, and monitor and report on legacy fare media acceptance rates through the CEO’s Report over the course of 2025.

3. TTC staff to continue closure of crash gates as directed.

The motion by Chair Myers carried.

Amended

17. Presentation: Summary of Feedback - Chief Executive Officer Search

Jayson Phelps, Senior Partner, Phelps Group, and Heather Phelps delivered a presentation to the Board regarding information on the Chief Executive Officer search.

Commissioner Holyday moved to receive the presentation.

The motion by Commissioner Holyday carried.

Received

18. Update on Chief Executive Officer Mandate

Chair Myers moved to defer the Update on Chief Executive Officer Mandate report to January 2025.

The motion by Chair Myers carried.

Deferred

On a motion by Vice-Chair De Laurentiis the meeting adjourned at 4:52 p.m.