Regular Council Meeting

That the Regular Council Minutes of November 10, 2025, and the Special Council Minutes of November 10 (4:00 p.m.), November 10 (6:30 p.m.), November 17, November 24, November 27 (5:30 p.m.) and November 27 (7:00 p.m.) be approved.

That the proclamations for Durham Region Hospice Awareness Day and Fibromyalgia Awareness Day, and the flag raising for Durham Region Hospice Awareness Day be endorsed.

That the proclamations from January to December 2026 outlined in the Memorandum from J. Romano, Commissioner of Community Services and S. Klein, Deputy CAO , dated December 8, 2025, be endorsed.

That the Memorandum from C. Harris, Director of Legislative Services/Town Clerk, dated December 15, 2025 regarding Mayor’s Designates for Boards & Committees: January 1, 2026 to November 14, 2026 be received for information.

That Council receive Correspondence # 2025-754 from Mayor Roy, dated December 4, 2025 regarding the Appointment of Deputy Mayor for 2026 for information; and, That Council confirm the appointment of Councillor Lee as Deputy Mayor from January 1, 2026 to November 14, 2026. Voters For Against Conflict Councillor Leahy X Councillor Lee X Councillor Mulcahy X Mayor Roy X Councillor Shahid X Councillor Yamada X Councillor Cardwell X Councillor Lundquist X Councillor Bozinovski X Results 7 2 0

That Council approve the Heritage Permit Application (HP-15-25) request for demolition of the existing apartment building at 409 Centre Street South, in accordance with Section 42 of the Ontario Heritage Act; and, That staff continue to work with the applicant regarding the Heritage Permit application (HP-15-25) for the replacement apartment building at 409 Centre Street South, subject to the comments contained in Report PDP 56-25.

That Council approve the Draft Plan of Subdivision (File Number: SW-2024-03), subject to the comments included in Report PDP 57-25 and the conditions of draft plan approval included in Attachment #12; That Staff be authorized to prepare a Subdivision Agreement; That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; That Council approve the amendment to Zoning By-law #1784, (File Number: Z-14-24), as outlined in Report PDP 57-25; and, That a by-law to amend Zoning By-law #1784 be brought forward for consideration by Council at a later date.

Whereas new and emerging devices play an important role in providing lower cost, effective alternatives to motor vehicles, with the peripheral benefits of reducing traffic and parking congestion, emissions, noise, and generally having positive environmental impact; and, Whereas the current provincial legislative framework does not adequately address the safe use, licensing, insurance, enforcement, or data-sharing requirements associated with the devices; and, Whereas municipalities are required to manage the local impacts of these technologies — including pedestrian safety, accessibility, parking, and congestion — without clear or consistent provincial regulation beyond the limited e-bike regulation and e-scooter trial; and, Whereas municipalities require a standardized, province-wide approach to ensure safety, equity, and predictability for residents, businesses, and users of emerging devices; and, Whereas a coordinated provincial framework would support innovation while reducing administrative burden on municipalities and ensuring alignment across jurisdictions. Now Therefore be it Resolved: That the Memorandum from H. Ellis, Council and Committee Coordinator, dated November 21, 2025 regarding Active Transportation and Safe Roads Advisory Committee Recommendation – Request for New Provincial Regulations for Emerging, Unregulated Micro-Mobility Devices be received for information; That staff be requested to prepare correspondence urging the Province to: Develop and implement

That Council approve the proposed amendments to the Traffic By-law (8059-24) to incorporate the proposed changes to the No Stopping and No Parking Schedules as identified in Attachment 1 to Report No. PDE 11-25, save and except that the provisions for Breezewood Court and Settlers Court be

That Reports PDP 58-25, PDP 59-25 and PDP 60-25 be

That Council adopts Version 2 of the Whitby Green Standard; That Council directs all new Town facilities to be designed and constructed with the goal of targeting Tier 3 of Version 2 of the Whitby Green Standard; That Council endorses the Whitby Green Standard Incentive Program; That Council directs Staff to enter into an agreement for the disbursement of any financial incentives with developers upon terms satisfactory of to the Commissioner of Financial Services/Treasurer Commissioner of Legal & Enforcement Services/Town Solicitor, Commissioner of Planning & Development and the Sustainability Division; and, That Council directs staff to pursue partnerships with external organizations and other levels of government to support the long-term implementation of the Whitby Green Standard Incentive Program.

That Council approve entering a five (5) year renewal sponsorship agreement effective September 1, 2025, with Thermo Fisher Scientific for a renewed Naming Rights Sponsorship at McKinney Centre, including the continued naming of Arena 2 as “Thermo Fisher Scientific Arena 2”, based on the sponsorship package and other terms and conditions identified in Report CAO 21-25.

Whereas the Workplace Investigation Report from Bernardi Human Resources Law LLP highlights that education, particularly a focus on anti-racism and equity-informed approaches, is essential for cultivating a culture of psychological safety and mutual respect; and, Whereas education and training will be helpful for Council to understand how systemic racism operates and the ways in which individuals may unconsciously perpetuate it. Now therefore be it resolved: That Council commits to participating in education and training regarding inclusion, diversity, equity, and anti-racism to be conducted in early 2026.

That Staff summarize the information provided in the Memorandum from Commissioner Romano dated November 24, 2025 regarding the incorrect posted speed limit on Dryden Boulevard in a public report; and, That staff consult with the Durham Regional Police Service (DRPS) to determine whether the incorrect posted signage resulted in: Any enforcement challenges or ticketing inconsistencies; Any safety concerns or reported incidents related to the misposted limit; and, Any recommended measures to prevent similar issues in the future.

That Report CAO 22-25, Creative Communities 2025 Update, be received for information; and, That Council endorses the proposed Vision and Objectives (as outlined in Section 4.5) for the development of a new Downtown Whitby Action Plan to be brought forward for Council’s adoption in 2026.

That Council approve and appoint the following members to the Whitby 55+ Recreation Advisory Committee effective January 1, 2026: Lena Ebrekdjian (term ending December 31, 2027); Carol James (term ending December 31, 2027); Lynda Kruitz (term ending December 31, 2027); Susan Lythgoe (term ending December 31, 2027); and, Deborah Nanton (term ending December 31, 2027).

That Council approve the proposed amendments to the Recreation Registration Policy, Policy Number OPS 060, Attachment 1 of Report CMS 15-25; and, That Council approve the proposed amendment to the Fees and Charges By-law #7220-17, to include an administrative fee to be applied to Recreation program refunds.

That Report CMS 16-25 related to the 2025 progress of the Whitby Parks and Recreation Master Plan be received for information.

That a by-law be brought forward to authorize external temporary borrowing of up to $73,863,000 from January 1, 2026, to September 30, 2026, and up to $36,932,000 between October 1, 2026, and December 31, 2026, if required for cash flow purposes.

That a by-law be brought forward to allow for the Interim Tax Billing for the 2026 taxation year as outlined in Report FS 46-25.

That Report LS 04-25, Confidential Memorandum LS-M-09-2025 and Memorandum LS-M-11-2025 be received for information; That the proposed amendments in Memorandum LS-M-11-2025 to the Business Licensing By-law # 5545-04, as amended, Schedule 8 “Lodging House”, be brought forward to a future Council meeting for consideration and adoption, substantially in accordance with Attachment 1 to Memorandum LS-M-11-2025; That the proposed new Schedule 10 “Boarding House” to Business Licensing By-law # 5545-04, as amended, be brought forward a future Council meeting for consideration and adoption, substantially in accordance with Attachment 2 to Memorandum LS-M-11-2025; That the proposed amendments identified in Table # 2 and Attachment 3 of Report LS 04-25 to the general provisions of the Business Licensing By-law # 5545-04, as amended, be brought forward to a future Council meeting for consideration and adoption; That the proposed amendments to the Fees and Charges By-law # 7220-17, as amended, identified in Table # 4 of LS 04-25 are brought forward to Council for consideration and adoption; and, That New and Unfinished Business Item GG-0043 be removed.

Whereas Council requires adequate notice of motions to allow members sufficient time to become informed on the topic, understand its implications, consult with Staff, and make well-considered decisions for the benefit of the community; and, Whereas advance notice of matters before Council must be provided through the published agenda and made publicly available so that all stakeholders - whether they are in support, opposed, or undecided - have the opportunity to register to speak to the issue. Now Therefore Be It Resolved: That the Clerk be directed to review the Procedure By-law regarding notices of motion and delegation requests, with particular attention to motions introduced under New and Unfinished Business with little or no notice, and recommend amendments to ensure Council and the public have sufficient time to review and provide input on such matters.

Whereas the property municipally known as 42 Watersdown Crescent, Whitby has historically operated as a group home for youth managed by Frontenac Youth Services; and Whereas the property is owned by the Ontario Ministry of Children, Community and Social Services (MCCSS); and Whereas the group home operations at this site have ceased, and the property is presently vacant and not in active service to the community; and Whereas long-term vacancy of publicly owned residential properties can contribute to neighborhood concerns, limit housing availability, and represent an underutilization of public assets; and Whereas over the years, there has been problems between the former clients and the residents in the neighborhood. Now Therefore be it Resolved: That Whitby Council formally request the Ministry of Children, Community and Social Services to declare the property at 42 Watersdown Crescent surplus and proceed with its sale through the appropriate provincial disposition process; That a copy of this resolution be sent to the Minister of Children, Community and Social Services, and the local MPP, Lorne Coe; and, That staff report back to Council on any response received from the Government of Ontario. Voters For Against Conflict Councillor Leahy X Councillor Lee X Councillor Mulcahy X Mayor Roy X Councillor Shahid X Councillor Yamada X Councillor Cardwell X Councillor Lundquist X Councillor Bozinovski X Results 9 0 0

Whereas the Town of Whitby owns and maintains six municipal cemeteries – Brooklin Pioneer, Groveside, Pioneer Baptist, Hemingway, South Myrtle, and Hubble – lands that serve as culturally, historically, and genealogically significant community assets; and Whereas cemeteries in Ontario are regulated under the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c. 33 (the “FBCSA”), which provides a comprehensive legislative framework governing the ownership, operation, care, closure, and protection of cemetery lands; and Whereas Section 49 of the FBCSA establishes that a cemetery may not be closed or used for any other purpose without the approval of the Registrar and only after a public process that considers the rights of interment rights holders, the dignity of the deceased, and the broader public interest; and Whereas municipal cemeteries are understood under the FBCSA to be perpetual resting places, and the legislation underscores the importance of continued care, maintenance, and protection of cemetery property; and Whereas the Town of Whitby recognizes that municipally owned cemeteries represent irreplaceable heritage landscapes that document the history of early settlement, family lineages, community leaders, veterans, and diverse cultural communities; and Whereas the Brooklin Pioneer Cemetery is currently designated for its cultural heritage value or interest under both Part IV (Individual Designation) and Part V (Heritage Conservation District) of the Ontario

Whereas the Ontario Municipal Employees Retirement System (OMERS) Pension Fund serves over 1,000 employers and over half a million employees and retirees from diverse groups including: municipal governments, school boards, libraries, police and fire departments, children’s aid societies, and electricity distribution companies; and Whereas the long-standing jointly-sponsored governance model with two corporate boards has provided stability, accountability, and fairness for both plan members and employers for more than two decades; and Whereas the Government of Ontario has passed legislative changes to OMERS’ governance structure through Bill 68; and Whereas these changes would replace the current OMERS Sponsors Corporation with a new Sponsors Council that would lose its corporate status and independent resources; and Whereas the proposed model could allow pension decisions affecting municipal employers and employees to be made without meaningful municipal oversight, increasing financial risk for municipalities and local taxpayers; and Whereas municipalities are already under significant fiscal strain and cannot absorb additional pension costs without consequences for property taxes or local services; Now Therefore be it Resolved: That the Town of Whitby does not support the legislative changes to the OMERS Act contained in Bill 68 and requests that the Government of Ontario reconsider the advisability of proceeding with these changes; and, That the Town of Whitby Council suppo

Whereas the Workplace Investigation Report from Bernardi Human Resources Law LLP, dated November 5, 2025, has been received and includes recommendations regarding the Council Code of Conduct and the Respect in the Workplace Policy; Now therefore be it resolved: That the Clerk be directed to work with the Integrity Commissioner to review the following recommendations in Section 3.2.3 of the Workplace Investigation Report: Section 4 of the Code of Conduct (Conduct Respecting Others) should explicitly state that discrimination is considered “inappropriate behaviour”, similar to harassment, and investigated in the same manner. To define discrimination in the context of council relations and consider whether it should apply to both the “municipal work environment” and “activities of elected office”. To extend the reprisal provisions in the Code of Conduct to complaints that are investigated by a body other than the Integrity Commissioner. To clarify how and in what forum allegations of discrimination should be raised. To clarify that unsubstantiated allegations made in good faith do not automatically constitute a contravention of the provisions of the Code of Conduct. Discrimination is often experienced subjectively and may lack tangible evidence, making it essential that individuals who raise concerns in good faith be protected, to avoid a chilling affect. That, subject to Council considering changes to the Code of Conduct, the Head of Organizational Effectiveness be requested to

That Staff be authorized to negotiate a long-term lease with Metrolinx for commuter parking at the Town-owned Land at 1451 and 1453 Henry Street; and, That the Mayor and Clerk be authorized to enter into a long-term lease agreement with Metrolinx for their use of 1451 and 1453 Henry Street based on terms and conditions satisfactory to the Commissioners of Financial Services, Community Services, and Legal and Enforcement Services. Voters For Against Conflict Councillor Leahy X Councillor Lee X Councillor Mulcahy X Mayor Roy X Councillor Shahid X Councillor Yamada X Councillor Cardwell X Councillor Lundquist X Councillor Bozinovski X Results 9 0 0

That a motion to introduce a matter regarding expression of condolences and condemnation of antisemitism and hate-motivated violence be allowed due to its timely and urgent nature.

Whereas the Town of Whitby Council wishes to express its profound sorrow and solidarity with the people of Australia following the violent shooting at Bondi Beach, which claimed the lives of 15 people and injured more than 30 others; and Whereas this tragic act of violence occurred at the start of Hanukkah celebrations, a sacred and significant time in the Jewish calendar that commemorates the triumph of light over darkness, religious freedom over oppression, and the enduring strength and resilience of the Jewish people; and Whereas Hanukkah serves as a reminder of the universal values of hope, perseverance, and the importance of standing against hatred and intolerance in all its forms; and Whereas acts of violence motivated by hate, including antisemitism, undermine the safety, dignity, and cohesion of communities worldwide and stand in direct opposition to the values of peace, inclusion, and mutual respect upheld by the residents of Whitby; Now Therefore Be It Resolved That the Council of the Town of Whitby hereby extends its deepest condolences to the families and loved ones of those who

That the main motion be amended by including the following as Item 4: 4. That the flags at all Town facilities be flown at half mast in commemoration of the victims.

That leave be granted to introduce By-laws # 8243-25 to # 8251-25 and to dispense with the reading of the by-laws by the Clerk and that the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That Council appoint Magda Madsen to the Accessibility Advisory Committee for the term ending November 14, 2026.

That Council appoint Annette Cianchino to the Whitby Public Library Board for the term December 18, 2025 to November 14, 2026.

That leave be granted to introduce a by-law and to dispense with the reading of the by-law by the Clerk to confirm the proceedings of the Council of the Town of Whitby at its special meeting held on November 27, 2025 (7:00 p.m.) and regular meeting held on December 15, 2025 and the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.

That the meeting adjourn.

1. That Council receive Correspondence # 2025-754 from Mayor Roy, dated December 4, 2025 regarding the Appointment of Deputy Mayor for 2026 for information; and, 2. That Council confirm the appointment of Councillor Lee as Deputy Mayor from January 1, 2026 to November 14, 2026. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 7 2 0

1. That Staff summarize the information provided in the Memorandum from Commissioner Romano dated November 24, 2025 regarding the incorrect posted speed limit on Dryden Boulevard in a public report; and, 2. That staff consult with the Durham Regional Police Service (DRPS) to determine whether the incorrect posted signage resulted in: o Any enforcement challenges or ticketing inconsistencies; o Any safety concerns or reported incidents related to the misposted limit; and, o Any recommended measures to prevent similar issues in the future.

That Council approve and appoint the following members to the Whitby 55+ Recreation Advisory Committee effective January 1, 2026: 1. Lena Ebrekdjian (term ending December 31, 2027); 2. Carol James (term ending December 31, 2027); 3. Lynda Kruitz (term ending December 31, 2027); 4. Susan Lythgoe (term ending December 31, 2027); and, 5. Deborah Nanton (term ending December 31, 2027).

Whereas the Town of Whitby is facing a housing affordability crisis and has been one of the highest growth municipalities in Durham Region and southern Ontario; and, Whereas the Province of Ontario has assigned Whitby a housing growth target of 18,000 new dwelling units, intensifying the housing affordability crisis; and, Whereas the planned expansion into Brooklin and North West Brooklin holds the potential for the rapid issuance of approximately 5,000 building permits for housing with potential for permits of 9,000 additional homes by 2031, but the housing affordability crisis means the Development Community is having to discount home prices to sell homes; and, Whereas housing construction in Whitby has largely stalled due to the absence of nearby housing-related infrastructure in the greenfield areas available for development, most particularly electricity and the related infrastructure required to convey it where needed for housing, further exacerbating the housing affordability crisis; and, Whereas the lack of electricity-related infrastructure in Whitby has resulted in the Town having to turn away multiple economic development opportunities, as Elexicon Energy did not have sufficient nearby capacity to provide electricity for those initiatives; and, Whereas the Town of Whitby, Elexicon Energy and the development community have collaborated for more than five years working to find a solution to fund, design, and build the necessary housing-related infrastructure needed t

Whereas the Workplace Investigation Report from Bernardi Human Resources Law LLP, dated November 5, 2025, has been received and includes recommendations regarding the Council Code of Conduct and the Respect in the Workplace Policy; Now therefore be it resolved: 1. That the Clerk be directed to work with the Integrity Commissioner to review the following recommendations in Section 3.2.3 of the Workplace Investigation Report: o Section 4 of the Code of Conduct (Conduct Respecting Others) should explicitly state that discrimination is considered “inappropriate behaviour”, similar to harassment, and investigated in the same manner. o To define discrimination in the context of council relations and consider whether it should apply to both the “municipal work environment” and “activities of elected office”. o To extend the reprisal provisions in the Code of Conduct to complaints that are investigated by a body other than the Integrity Commissioner. o To clarify how and in what forum allegations of discrimination should be raised. o To clarify that unsubstantiated allegations made in good faith do not automatically constitute a contravention of the provisions of the Code of Conduct. Discrimination is often experienced subjectively and may lack tangible evidence, making it essential that individuals who raise concerns in good faith be protected, to avoid a chilling affect. 2. That, subject to Council considering changes to the Code of Conduct, the Head of Organizational Effectiveness

1. That Staff be authorized to negotiate a long-term lease with Metrolinx for commuter parking at the Town-owned Land at 1451 and 1453 Henry Street; and, 2. That the Mayor and Clerk be authorized to enter into a long-term lease agreement with Metrolinx for their use of 1451 and 1453 Henry Street based on terms and conditions satisfactory to the Commissioners of Financial Services, Community Services, and Legal and Enforcement Services. For Against Conflict Mayor Roy X Councillor Bozinovski X Councillor Cardwell X Councillor Leahy X Councillor Lee X Councillor Lundquist X Councillor Mulcahy X Councillor Shahid X Councillor Yamada X Results 9 0 0