The Whitby Record

Regular Council Meeting

February 2, 2026

Who was there

Present (9): Victoria Bozinovski, Matt Cardwell, Chris Leahy, Steve Lee, Niki Lundquist, Rhonda Mulcahy, Elizabeth Roy, Maleeha Shahid, Steve Yamada

Taken from the roll call in the town’s own minutes. The minutes record who was not there and almost never why.

Declared interests

Councillor Lundquistregarding Item 10.8, Legislative Changes to the OMERS Act (Bill 68), noting her employment with Unifor, which represents members of the OMERS pension fund

What was decided (31 motions)

29 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.

That the Regular Council Minutes of December 15, 2025 be approved.
Moved by Councillor Lundquist, seconded by Councillor Yamada
Carried
That the proclamations for National 211 Day, Scout-Guide Week, Amyloidosis Awareness Month, and Victorian Order of Nurses Week and the flag raisings for Girl Guides of Canada and Scouts Canada be endorsed.
Moved by Councillor Lee, seconded by Councillor Leahy
Carried
That the property municipally known as 814 Brock Street North be removed from the Town’s Municipal Heritage Register; and, That a full Heritage Documentation Report be prepared by the applicant at their expense prior to demolition and submitted to the Planning and Development Department, to be deposited at the Archives.
Moved by Councillor Mulcahy, seconded by Councillor Cardwell
Carried
That Report CAO 01-26 be received for information.
Moved by Councillor Lundquist, seconded by Councillor Shahid
Carried
That Report CAO 02-26 be received for information.
Moved by Councillor Lundquist, seconded by Councillor Shahid
Carried
That Report CAO 03-26 be received for information; and, That the 2026 Intelligent Cities Action Plan be endorsed by Council.
Moved by Councillor Lundquist, seconded by Councillor Shahid
Carried
That Report CAO 04-26 related to the 2025 progress of the Community Strategic Plan be received for information.
Moved by Councillor Lundquist, seconded by Councillor Shahid
Carried
That the main motion be amended by including the following: That delegates are allowed to register for any late motion as long as they register by 9:00 a.m. on the date of the meeting. 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 4 5 0
Moved by Councillor Leahy, seconded by Councillor Yamada
Lost
That delegates are allowed to speak to any approved late motion as long as they are present at Council. Note: Mayor Roy indicated that, in accordance with the Procedure By-law, a mechanism already exists for receiving delegation requests and therefore the motion was ruled out of order. Councillor Leahy indicated that, in accordance with Section 15.4 of the Procedure By-law, he challenged the ruling of the Chair. Mayor Roy put the following vote to Council: Will the ruling of the Chair be sustained? 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
Moved by Councillor Leahy
Carried
In favour (7): Mayor Roy, Councillor Bozinovski, Councillor Cardwell, Councillor Lee, Councillor Lundquist, Councillor Mulcahy, Councillor Shahid · Opposed (2): Councillor Leahy, Councillor Yamada
That the main motion be divided to consider Items 1, 2, and 3 separately. 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
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried Unanimously
That Council supports the staff recommendations contained within Amendment to procedural by-law #8254-24 related to Late Motions and Late delegations, sections 1.1, 1.4, 1.5, 1.6 and 1.7. 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 6 3 0
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried
That Council supports the recommendations contained in the memo titled Additional Proposed Amendments to the Procedural By-law re: Decorum and recording contained within Amendment to procedural by-law #8254-24, sections 1.2 and 1.3. 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
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried Unanimously
That Council recommends to staff that the recordings of all committee of council meetings in possession of the town be put onto the public record and staff come back with a report on how to implement this decision. 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
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried Unanimously
That Report LS 01-26 is received for information; That in accordance with Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, it is the opinion of Council that the disposal of garbage, refuse, waste or debris within Town-owned properties, as well as rights of way under the jurisdiction of the Regional Municipality of Durham or Province of Ontario, is, could become, or could cause, a public nuisance; That Council direct staff to revise the proposed Clean Community By-law in Attachment 1 of LS 01-26 in accordance with Option 3 of Memorandum LS-M-01-2026; and, That the revised Clean Community By-law be brought forward for Council’s consideration at its meeting on March 9, 2026.
Moved by Councillor Lundquist, seconded by Councillor Shahid
Carried
That Staff Report CMS 01-26 be received for information.
Moved by Councillor Lundquist, seconded by Councillor Shahid
Carried
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
Moved by Councillor Shahid, seconded by Councillor Leahy
Carried
Whereas housing affordability is one of the most pressing issues facing Ontario families; and, Whereas the current HST rate on new homes in Ontario is 13%, which adds tens of thousands of dollars to the cost of a typical home; and, Whereas existing federal and provincial HST rebates on new homes purchased from the builder are limited by purchase-price thresholds, with most new homes in Ontario priced above the level required to qualify for meaningful relief, thereby limiting their effectiveness in improving overall housing affordability; and, Whereas the federal and provincial governments have proposed new GST/HST rebates only for first-time homebuyers purchasing from the builder a newly built or substantially renovated home; and, Whereas according to research conducted by the Ontario Homebuilders’ Association, first-time home buyers currently represent approximately 5% of the new home market; and, Whereas the Ontario Homebuilders’ Association estimates that a full HST exemption would stimulate the construction of an additional 53,000 new homes, on top of the roughly 80,000 homes already expected to be available for sale by 2026 — bringing the total to approximately 132,000 units. Now Therefore be it resolved: That the Council of the Town of Whitby calls on the Government of Canada and the Government of Ontario to remove the GST/HST from all newly built or substantially renovated homes purchased from the builder as primary residences in Ontario; and, That this resolution be c
Moved by Councillor Lundquist, seconded by Councillor Shahid
Carried
That Item 1 of the main motion be amended as follows: That the Council of the Town of Whitby calls on the Government of Canada and the Government of Ontario to remove the GST/HST from all newly built or substantially renovated homes purchased from the builder as primary residences in Ontario up to $1.5 million; and, 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
Moved by Councillor Yamada, seconded by Councillor Bozinovski
Carried Unanimously
That Staff be directed to prepare a report and associated by-law for Council consideration requiring owners of multi-residential rental properties that do not have in-unit air conditioning to provide an air conditioned common space, accessible to all tenants at all times between June 1 and September 14, and cooled to no more than 26 degrees Celsius, except in instances where multi-residential properties do not have existing common spaces or in instances where the building construction and/or building ventilation system makes cooling a common space impossible; and, That Staff prepare the report and associated by-law in a sufficient timeframe to have the requirement for air-conditioned common spaces take effect June 1, 2026, ensuring that reasonable public notice is provided to potentially impacted multi-residential property owners and tenants through the Town’s communications channels.
Moved by Councillor Lundquist, seconded by Councillor Mulcahy
Carried
In favour (9): Mayor Roy, Councillor Bozinovski, Councillor Cardwell, Councillor Leahy, Councillor Lee, Councillor Lundquist, Councillor Mulcahy, Councillor Shahid, Councillor Yamada
That the main motion be amended by replacing Item 2 and adding Item 3 as follows: 2. That Staff prepare the report and associated by-law in a sufficient timeframe to have the requirement for air-conditioned common spaces take effect June 1, 2026, ensuring that reasonable public notice is provided to potentially impacted multi-residential property owners and tenants through the Town’s communications channels and that the report include an assessment of investments for cooling centres triggering an above guideline rent increase for tenants living in the buildings; 3. That all multi-unit property owners are encouraged to upgrade all units to have air conditioning over the next 5 years.
Moved by Councillor Leahy
Carried
Whereas Whitby waterfront parks are experiencing increasing congestion during peak usage months from May to October, creating challenges for visitor experience and resident access; and, Whereas the cost of maintaining waterfront parks and associated infrastructure is borne by Whitby residents; and, Whereas Town of Whitby Traffic By-law # 8059-24, as amended, regulates traffic and parking on the highways, and private and municipal property within the Town of Whitby, but does not include a paid waterfront parking program or regulations; and, Whereas the introduction of paid parking at the waterfront for non-residents will help address concerns regarding limited parking availability, congestion, and the cost of maintenance currently borne by Whitby residents while improving the visitor experience and resident access; and, Whereas the Town of Ajax, City of Pickering, and City of Oshawa have demonstrated that seasonal waterfront parking management frameworks that include paid parking for non-residents can be successfully implemented. Now Therefore be it Resolved: That Staff be directed to develop a Seasonal Waterfront Parking Management Program at all municipal waterfront parks and designated surrounding streets, to be in effect annually from May to October, which implements paid parking for non-residents while maintaining free parking for Whitby residents; That the Program include a digital registration system ensuring that Whitby residents continue to park at no cost; and, That
Moved by Councillor Lundquist, seconded by Mayor Roy
Carried
That leave be granted to introduce By-laws # 8254-26 to # 8260-26 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.
Moved by Councillor Bozinovski, seconded by Councillor Cardwell
Carried
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 regular meeting held on February 2, 2026 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.
Moved by Councillor Yamada, seconded by Councillor Shahid
Carried
That the meeting adjourn.
Moved by Councillor Leahy, seconded by Councillor Bozinovski
Carried
1. Council supports the staff recommendations contained within Amendment to procedural by-law #8254-24 related to Late Motions and Late delegations, sections 1.1, 1.4, 1.5, 1.6 and 1.7; 2. That Council supports the recommendations contained in the memo titled Additional Proposed Amendments to the Procedural By-law re: Decorum and recording contained within Amendment to procedural by-law #8254-24, sections 1.2 and 1.3; and, 3. That Council recommends to staff that the recordings of all committee of council meetings in possession of the town be put onto the public record and staff come back with a report on how to implement this decision.
Moved by Councillor Leahy, seconded by Councillor Shahid
Carried
That the main motion be amended by including the following: That delegates are allowed to register for any late motion as long as they register by 9:00 a.m. on the date of the meeting. 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 4 5 0
Moved by Councillor Leahy, seconded by Councillor Yamada
Lost
That the main motion be divided to consider Items 1, 2, and 3 separately. 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
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried Unanimously
That Council supports the staff recommendations contained within Amendment to procedural by-law #8254-24 related to Late Motions and Late delegations, sections 1.1, 1.4, 1.5, 1.6 and 1.7. 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 6 3 0
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried
That Council supports the recommendations contained in the memo titled Additional Proposed Amendments to the Procedural By-law re: Decorum and recording contained within Amendment to procedural by-law #8254- 24, sections 1.2 and 1.3. 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
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried Unanimously
That Council recommends to staff that the recordings of all committee of council meetings in possession of the town be put onto the public record and staff come back with a report on how to implement this decision. 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
Moved by Councillor Leahy, seconded by Councillor Yamada
Carried Unanimously
That Item 1 of the main motion be amended as follows: 1. That the Council of the Town of Whitby calls on the Government of Canada and the Government of Ontario to remove the GST/HST from all newly built or substantially renovated homes purchased from the builder as primary residences in Ontario up to $1.5 million; and, 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
Moved by Councillor Yamada, seconded by Councillor Bozinovski
Carried Unanimously

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