Regular Council Meeting

That the Regular Council Minutes of March 9, 2026, and the Special Council Minutes of March 9, 2026 be approved.

That the proclamations for World Press Freedom Day, World Menstrual Health Day, Guillain-Barré Syndrome and Chronic Inflammatory Demyelinating Polyneuropathy Awareness Month, Community Living Month, and Bike Month and the flag raisings for World Press Freedom Day, Mental Health Week, and Filipino Heritage Month be endorsed.

That Correspondence # 2026-75 from Mayor Roy to the Ministry of Transport dated February 19, 2026 regarding Town of Whitby engagement in the Federal Alto High-Speed Rail Initiative be received for information.

That Council adopt the Final Recommended Updated Brooklin Heritage Conservation District Plan and Werden’s Plan Neighbourhood Heritage Conservation District Plan as shown on Attachments # 3 and #4 respectively; and, That the Clerk send a Notice of Council’s adoption of the Updated Brooklin Heritage Conservation District Plan and Werden’s Plan Neighbourhood Heritage Conservation District Plan to those persons and agencies who have requested further notification.

That Council adopt the Final Recommended Updated Brooklin Heritage Conservation District Plan and Werden’s Plan Neighbourhood Heritage Conservation District Plan as shown on Attachments #3 and #4 respectively, with the following exceptions: That the minimum tree size requiring protection and/or Heritage Permit approval within the Heritage Conservation Districts be amended to reflect a more appropriate “significant tree” threshold focused on mature canopy preservation, and that staff be directed to revise the proposed standard to not less than 20 cm diameter at breast height (DBH), unless otherwise justified by species, condition, or documented heritage value. That any recommended replacement planting lists, landscaping guidance, or approved species schedules within the Heritage Conservation District Plans be amended so that they prioritize: (a) species with recognized heritage landscape character appropriate to the district; and/or (b) non-invasive species suitable for the local environment; and exclude invasive species.

That Council adopt the Final Recommended Updated Brooklin Heritage Conservation District Plan and Werden’s Plan Neighbourhood Heritage Conservation District Plan as shown on Attachments #3 and #4 respectively, with the following exceptions: That the minimum tree size requiring protection and/or Heritage Permit approval within the Heritage Conservation Districts be amended to reflect a more appropriate “significant tree” threshold focused on mature canopy preservation, and that staff be directed to revise the proposed standard to not less than 20 cm diameter at breast height (DBH), unless otherwise justified by species, condition, or documented heritage value. That any recommended replacement planting lists, landscaping guidance, or approved species schedules within the Heritage Conservation District Plans be amended so that they prioritize: (a) species with recognized heritage landscape character appropriate to the district; and/or (b) non-invasive species suitable for the local environment; and exclude invasive species. That the Clerk send a Notice of Council’s adoption of the Updated Brooklin Heritage Conservation District Plan and Werden’s Plan Neighbourhood Heritage Conservation District Plan to those persons and agencies who have requested further notification.

That Council approve the extension of the Draft Approved Plan of Subdivision SW-2017-05 for an additional 3 years, to June 17, 2029.

That Council approve the extension of the Draft Approved Plan of Subdivision SW-2008-01 (MR-01-17) for an additional 3 years, to June 17, 2029.

That Council approve an amendment to the Whitby Official Plan (File: OPA-2024-W/11), as outlined in Report PDP 13-26, and that a by-law to adopt Official Plan Amendment Number 149 be brought forward for consideration by Council (Attachment #11); That Council approve an amendment to Zoning By-law No. 1784 (Z-22-24), as outlined in Report PDP 13-26; and that a by-law be brought forward for consideration by Council; and, That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision.

That Council approve the request from RCC Media Inc. to permit one (1) digital billboard sign with two panels along the CN Railway as detailed in Report PDP 14-26; and, That a By-law to amend the Permanent Sign By-law # 7379-18 be brought forward for consideration by Council.

That Council approve the Draft Plan of Condominium (File No. CW-2025-01) subject to the comments included in Planning Report No. PDP 15-26 and the Conditions of Approval, included in Attachment 4; and, That the Mayor and Clerk be authorized to execute the Condominium Agreement and any other necessary documents.

That Report PDP 16-26 be received for information; and, That the Clerk forward a copy of Report PDP 16-26 to the Region of Durham, Community Growth and Economic Development Department.

That Council approve an amendment to Zoning By-law No. 1784 (Z-25-25), as set out in Planning Report PDP 18-26, and, That a By-law to amend Zoning By-law No.1784 be brought forward for consideration by Council.

That Council direct Staff to implement ladder-style crosswalk pavement markings on the east leg of the Dryden Boulevard and Civic Centre Drive/Brookwood Boulevard intersection at the estimated cost of $1,500, in accordance with Option 1 identified in Staff Report PDE 02-26; That Council direct Staff to install an eastbound and westbound permanent radar message speed feedback sign on Dryden Boulevard by Civic Centre Drive/Brookwood Boulevard at the estimated cost of $8,500 in accordance with Option 6 identified in Staff Report PDE 02-26; That Council direct Staff to report back in 2026 on advancing a signalized intersection, Option 7, and Option 8 identified in Staff Report PDE 02-26, with the report to include consideration and collection of multiple days of traffic data, along with the financial implications and impact on existing approved capital projects, including offsetting capital projects that would be delayed to advance the design and construction of intersection improvements; and, That funding for the design and construction of the preferred option based on the future staff report in Item 3 be

That Council approve the Sign By-law Amendment request from RioCan Management Inc. to permit one (1) digital billboard sign with two panels at 1629 Victoria Street East; and, That should Council approve the request from RioCan Management Inc., staff be authorized to prepare an amendment to the Town’s Permanent Sign By-law #7379-18.

That Council Approve Official Plan Amendment Number #150 to the Whitby Official Plan (OPA-2026-W/01), as shown on Attachment #7, and that a By-law to adopt Official Plan Amendment #150 be brought forward for consideration by Council; That Council approve the Amendment to Zoning By-law #1784 (File No. Z-22-25), as outlined in Planning Report No. PDP 19-26; and, That a by-law to amend Zoning By-law #1784 be brought forward for consideration by Council.

That Council approve an amendment to Zoning By-law No. 1784 (Z-13-25), as set out in Planning Report PDP 20-26, and, That a By-law to amend Zoning By-law No. 1784 be brought forward for consideration by Council.

That the Memorandum from S. Shields, Project Manager, Sustainability and Climate Change dated March 23, 2026 regarding the Whitby Sustainability Advisory Committee's 2025 Annual Report, be received for information.

That the Downtown Whitby Business Improvement Area Board of Management’s proposed 2026 Beautification Report and the 2025 Annual Report, (Attachment 2 of Report FS 18-26), be received as information; and, That the Downtown Whitby Business Improvement Area Board of Management’s proposed 2026 Budget, (as outlined in Attachment 1 of Report FS 18-26), inclusive of a $220,500 special tax levy for businesses within the Downtown Business Improvement Area, be approved.

That Policy F 390 Reserve and Reserve Fund Policy be updated to reflect the recommendation for changes to investment and interest allocation as outlined in Staff Report FS 15-26; That the Treasurer be authorized to transfer shortfalls or higher actual assessment growth revenues, calculated based on the Municipal Property Assessment Corporation’s returned assessment roll, from and to (respectively) the Tax Rate Stabilization Reserve as outlined in Staff Report FS 15-26; and, That the Fees and Charges By-law (By-law # 7220-17) be amended to include Fieldgate Sports Centre Hall and Facility Rental Fees as outlined in Attachment A of Staff Report FS 15-26.

That Report FS 17-26 regarding 2025 Remuneration and Expenses for Members of Council and Council Appointees to Boards be received for information.

That Report CAO 05-26 regarding the 2025 Annual Report for the Mayor’s Community Development Fund and the Performing Arts Community Development Fund be received for information; That Council approve the updated Mayor’s Community Development Fund Policy as shown in Attachment 4; and, That the Performing Arts Community Development Fund Reserve be closed.

That Council approve the final design for the Community, Animal and Enforcement Building (CAEB), attached to this report as Attachment 1; That the current construction cost estimate, as outlined in Table 1 of Staff Report CMS 04-26, be approved; and, Staff be authorized to issue the tender documents to the pre-qualified general contractors for bid submissions.

That Council supports the continued operation of the Luther Vipond Memorial Arena (LVMA) for floor-based programming, consistent with recent community engagement; and, That Council approve a new in-year 2026 capital project in the amount of $85,000, for LVMA refrigeration system decommissioning and roof repairs, to be funded by the Asset Management Reserve.

That in response to direction in the Community Strategic Plan, Objective 2.2 – Enhance Community Connectivity and Beautification, Report CMS 06-26 be received for information.

That Report LS 03-26 be received for information; That staff prepare the proposed Traffic By-law 8059-24 amendments substantially in accordance with Table 1.1 of this Report LS 03-26, and bring forward to a future Council meeting for consideration; That staff prepare the proposed Administrative Penalties By-law 8056-24 amendments substantially in accordance with Table 1.2 of this Report LS 03-26, and bring it forward to a future Council meeting for consideration; and, That staff continue to bring forward by-law amendments to Council for consideration for the remaining municipal regulatory by-laws listed in Table 1.3 of this Report LS 03-26, to insert standard Administrative Penalty System Provisions.

That Report CAO 10-26 be received for information; That the Whitby Tourism Development Corporation’s Audited Financial Statements for the fiscal years 2024 and 2025, be approved; That MNP be engaged to perform the audit of the Whitby Tourism Development Corporation’s financial statements for the 2026 fiscal year as outlined in Staff Report CAO 10-26; and, That the Whitby Tourism Development Corporation’s 2026 Budget, as shown in Attachment 3 to Staff Report CAO 10-26, be approved.

That Correspondence # 2026-143 from Durham District School Board to Premier Ford and Minister Calandra dated March 26, 2026 regarding a Request for Provincial School Board Governance Consultation Process be received for information.

That Council approve amendments to the Paid Advertising and Sponsorship Policy (Policy MS 390) and the Municipal Property and Facility Naming Policy (Policy MS 250) as outlined in Report CAO 09-26 as it relates to delegated authority for renewal agreements and updated insurance requirements; and, That staff be directed to update all related administrative procedures and documentation to align with the revised policies, and that the updated policies be posted to the Town’s website and incorporated into current Sponsorship Packages.

That Report CAO 13-26 be received for information; That the Town enter into a three-year Memorandum of Understanding with the Ontario Musicians Co-operative Inc. (operating as the Canadian Musicians Co-operative) effective May 1, 2026 to December 31, 2028; That the CAO and Commissioner Financial Services/Treasurer be authorized to execute the Memorandum of Understanding, and be delegated the authority to make amendments thereto subject to such amendments being mutually agreed upon by the Canadian Musicians Co-operative and the Town; and, That Council provide an exemption to the Public Nuisance By-law 6714-13 for the duration of the Memorandum of Understanding with respect to the ability of Canadian Musicians Co-operative Performers to be able to receive a voluntary gratuity as part of the program.

That Council endorse the proposed Hotel and Conference Centre Attraction Program outlined in Staff Report CAO 14-26; That the Treasurer be authorized to enter into development charge deferral agreements, in accordance with Section 27 of the Development Charges Act, for qualifying hotel and conference centre developments in a form satisfactory to the Town Solicitor (or designate) and as outlined in Staff Report CAO 14-26; That the Fees and Charges By-law be amended to include a Hotel and Conference Centre Attraction Program application fee in the amount of $500 (plus HST); and, That notwithstanding Town Policy F 430, the Town’s Development Charges Interest Policy, no interest be calculated on development charges

That Report CAO 15-26 be received for information; That Council approve the 2026–2031 Energy Conservation and Demand Management (ECDM) Plan, included as Attachment 2, in accordance with Ontario Regulation 25/23; That Staff be directed to post the approved ECDM Plan on the Town’s website and submit it to the Ministry of Energy and Mines to satisfy provincial reporting requirements; and, That the Clerk forward a copy of Report CAO 15-26 to the Region of Durham, Sustainability Department.

That Council endorse, in principle, the Corporate Waste Management Strategy; That the Corporate Waste Management Strategy be integrated into departmental work plans; and, That Council direct Staff to update the Corporate Waste Management Strategy every five years.

That the draft Compliance Audit Committee Terms of Reference as shown in Attachment 1 to Report CLK 01-26 be approved; That the Clerk be authorized to bring forward a by-law to appoint a roster of individuals for the 2026 Municipal Election Compliance Audit Committee as per the draft Terms of Reference; and, That, at such time as the above by-law is enacted by Council, that the 2026 Municipal Election Compliance Audit Committee be deemed to be established in accordance with the Municipal Elections Act.

That Council approve the 2027 Council, Committee, and Public Meetings Schedule appended to this report as Attachment 1.

That the 2026 property tax rates for the General Municipal Town Levies, shown in Attachment A of Report FS 19-26, be approved; That the 2026 special tax levy and tax rates for the properties located within the Downtown Whitby Business Improvement Area (BIA), shown in Attachment B of Report FS 19-26, be approved; That the final property tax bill due dates for all property tax classes be June 30, 2026 and September 29, 2026; That prior to the issuance of the final tax bills, the Treasurer be authorized to adjust the due dates, if required, and notify Council at the earliest opportunity; That a by-law for the General Municipal Town Levies and a separate by-law for the Special Tax Levy in support of the Downtown Whitby BIA, to set the due dates and levy rates for 2026 in accordance with the approved budgets and regulations, be brought forward to a future Council meeting; and, That a by-law be brought forward to a future Council meeting, in accordance with the Section 355 of the Municipal Act, that sets actual taxes payable to $0 (zero) for a property tax account that has annual property taxes of less than $15.00 calculated in any year.

That Council approve the Fence By-law exemption request to permit a wrought iron/concrete fence along the front- and side-yards of 400 St. John Street varying in height from 1.5 metres (5 feet) to 2.35 metres (7 feet 7 inches), in accordance with the conidiations for approval included at Attachment 2 to Report LS 04-26, save and except the requirement for wrought iron panels into the stone fence.

Whereas municipal councillors in Ontario hold statutory authority that can significantly influence matters such as land use planning, development approvals, and other decisions that directly affect individual property rights; Whereas the concentration of such authority creates the potential for misuse, including situations in which councillors could attempt to leverage their influence over planning or regulatory processes to obtain political advantage or other personal benefit; Whereas the Municipal Act, 2001 and municipal Codes of Conduct establish ethical expectations for members of council, but the current enforcement framework provides only limited sanctions—primarily reprimands, apologies, or temporary suspension of remuneration—through Integrity Commissioner processes; Whereas the existing framework does not provide adequate remedies in circumstances where conduct may involve coercion, intimidation, or attempts to secure political benefit through the misuse of office, nor does it provide mechanisms for disqualification from office in cases of serious misconduct; and, Whereas maintaining public trust in municipal governance requires that elected officials be held to clear and enforceable standards, particularly in situations where their statutory authority over planning and property matters could be used, or perceived to be used, inappropriately; Therefore be it resolved: That Council formally request that the Province of Ontario undertake amendments to the Municipal Act

Whereas the Province of Ontario has introduced Bill 9, the Municipal Accountability Act, which would provide for the Integrity Commissioner of Ontario, upon receipt of a recommendation report from a local Integrity Commissioner and a subsequent inquiry by the Integrity Commissioner of Ontario, to recommend to a Council that a Member of Council’s seat be declared vacant; and, Whereas a recommendation from the Integrity Commissioner of Ontario to declare a Member of Council’s seat to be vacant can only be made in instances where a Member of Council has been found by both the local Integrity Commissioner and the Integrity Commissioner of Ontario to have committed a serious contravention of the code of conduct, that has resulted in harm to the health, safety, or well-being of a person or persons, and that the contravention negatively impacts public confidence in the ability of the Member to continue to discharge their duties; and, Whereas Bill 9 provides that upon receipt of a recommendation from the Integrity Commissioner of Ontario, that a local Council can only declare a Member’s seat vacant in instances where all Members of Council, other than the Member subject to the inquiry, vote in favour of the recommendation; and, Whereas considering the high threshold to arrive at a recommendation to declare a Member’s seat vacant, including an initial investigation from a local Integrity Commissioner, and a subsequent inquiry by the Integrity Commissioner of Ontario, a unanimous vote

Whereas the federal and provincial governments have recently announced the “Canada–Ontario Partnership to Build,” which includes measures such as reducing municipal development charges by up to 50% and eliminating the HST on the purchase of new homes; and, Whereas these measures are intended to stimulate housing supply and improve affordability for residents; and, Whereas development charges represent a significant revenue tool for municipalities to fund growth-related infrastructure, including roads, water, wastewater, parks, and community services; and, Whereas any reduction in development charge revenues may have material financial implications for the Town of Whitby, including potential impacts on capital planning, infrastructure delivery, and property tax levels; and, Whereas the elimination of HST on new home purchases may influence housing demand, pricing, and development activity within the municipality; and, Whereas it is prudent for Council to fully understand both the opportunities and fiscal risks associated with these policy changes to ensure responsible financial planning and sustainable growth. Now therefore be it resolved: That staff be directed to prepare a comprehensive report on the anticipated impacts of the “Canada–Ontario Partnership to Build” on the Town of Whitby; and, That the report include: An analysis of the potential financial impact of reducing development charges by up to 50%, including implications for capital budgets, infrastructure funding, a

That Salter Pilon Architecture Inc. be awarded the contract for RFP 17-2025 (Consulting Services for Anne Ottenbrite Pool Design), in the amount of $284,600.00 (plus HST) funded from capital project 71261008, as outlined in Confidential Staff Report FS 20-26.

That Report CLK 05-26 be received for information; and, That Council refer to the By-laws portion of the agenda to adopt the by-law to amend Procedure By-law # 8081-24 in accordance with Section 4 of Report CLK 05-26. 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 leave be granted to introduce By-laws # 8276-26 to # 8285-26 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. 14.1 By-law # 8276-26 Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2017-06) as not being subject of Part Lot Control. 14.2 By-law # 8277-26 Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2020-07) as not being subject of Part Lot Control. 14.3 By-law # 8278-26 Being a By-law to designate certain portions of a registered Plan of Subdivision (SW-2023-02) as not being subject of Part Lot Control. 14.4 By-law # 8279-26, as amended Being a By-law to amend By-law # 6086-08 as it relates to the Brooklin Heritage Conservation District Plan pursuant to the provisions of the Ontario Heritage Act, R.S.O. 1990, O.18 (the “Act”), as amended. Refer to Report PDP 10-26, Review and Updates to the Town’s Two Existing Heritage Conservation District Plans Note : By-law # 8279-26 was amended in accordance with Resolution # 60-26. 14.5 By-law # 8280-26, as amended Being a By-law to amend By-law # 7297-17 as it relates to the Werden’s Plan Neighbourhood Heritage Conservation District Plan pursuant to the provisions of the Ontario Heritage Act, R.S.O. 1990, O.18, as amended (the “Act”). Refer to Report PDP 10-26, Review and Updates to the Town’s Two Exis

That the meeting adjourn.

1. That Council approve the final design for the Community, Animal and Enforcement Building (CAEB), attached to this report as Attachment 1; 2. That the current construction cost estimate, as outlined in Table 1 of Staff Report CMS 04-26, be approved; and, 3. Staff be authorized to issue the tender documents to the pre- qualified general contractors for bid submissions.

1. That Report CLK 05-26 be received for information; and, 2. That Council refer to the By-laws portion of the agenda to adopt the by-law to amend Procedure By-law # 8081-24 in accordance with Section 4 of Report CLK 05-26. 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

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 April 20, 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.