The Whitby Record

Committee of the Whole

April 13, 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.

What was decided (29 motions)

21 carried, 8 recorded otherwise. Every motion below is printed as the minutes print it.

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.
Moved by Councillor Leahy
Carried
That Council receive Staff Report PDE 03-26 for information. Note : The disposition of this matter, Item 6.4.1 was determined by the motion to table below. Moved by Councillor Shahid That PDE 03-26, Planning and Development (Engineering Services) Department Report regarding Settler’s Court and Breezewood Court – Consideration of No Parking Restrictions, be
Moved by Councillor Shahid
Tabled
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.
Moved by Councillor Leahy
Carried
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.
Moved by Mayor Roy
Carried
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.
Moved by Councillor Mulcahy
Carried
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.
Moved by Councillor Lundquist
Carried
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.
Moved by Councillor Leahy
Carried
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.
Moved by Councillor Lundquist
Carried
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
Moved by Mayor Roy
Deferred
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.
Moved by Councillor Lundquist
Carried
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.
Moved by Councillor Lundquist
Carried
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.
Moved by Councillor Leahy
Carried
That Council approve the 2027 Council, Committee, and Public Meetings Schedule appended to this report as Attachment 1.
Moved by Councillor Leahy
Carried
That the main motion be amended by including the following as Item 2: 2. That Council add placeholder meetings in July and August for a partial council cycle each month - Planning meeting, Committee of the Whole and Council. See following motion. Moved by Councillor Yamada That the amendment to the main motion be further amended to read as follows: 2. That Council add one placeholder cycle in either July or August - Planning meeting, Committee of the Whole and Council. 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 2 7 0
Moved by Councillor Leahy
Lost
That Council approve the 2027 Council, Committee, and Public Meetings Schedule appended to this report as Attachment 1. 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 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.
Moved by Councillor Lundquist
Carried
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.
Moved by Councillor Mulcahy
Carried
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
Moved by Mayor Roy
Carried Unanimously
Whereas the protection and safety of residents is a fundamental responsibility shared by all orders of government, and, Whereas Parole Board of Canada decisions may grant federally incarcerated offenders temporary release through mechanisms such as Unescorted Temporary Absences (UTAs), and, Whereas municipal governments often do not receive formal notification when high-risk offenders enter or travel through a municipality while on a UTA; and, Whereas municipalities are responsible for emergency preparedness, safety coordination, and public communication, and benefit from advance notice of potential public safety concerns; and, Whereas timely information sharing between federal correctional authorities and municipalities enables local governments and police to take precautions and inform the community where needed, and, Whereas greater transparency and communication regarding high-risk offender releases would strengthen public confidence in the justice system while supporting safer communities. Now therefore be it resolved: That the Council of the Town of Whitby formally request the Government of Canada to review and reform policies within the federal correctional and parole system to ensure that municipalities are notified when high-risk offenders are authorized for Unescorted Temporary Absences that may bring them into or near a local community; That such notification be provided in advance to the appropriate municipal officials and police services in order to support local
Moved by Councillor Leahy
Referred
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
Moved by Councillor Mulcahy
Carried
In favour (0): · Opposed (9): Mayor Roy, Councillor Bozinovski, Councillor Cardwell, Councillor Leahy, Councillor Lee, Councillor Lundquist, Councillor Mulcahy, Councillor Shahid, Councillor Yamada
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
Moved by Councillor Leahy
Carried
Whereas the area is a residential neighbourhood with a significant number of families, including children, who regularly use nearby Eric Clarke Park; and, Whereas the presence of a park and associated pedestrian activity increases the need for safe and controlled traffic movements at surrounding intersections; and, Whereas residents have expressed concern regarding vehicle speeds, traffic volumes, and the potential risk to pedestrians and cyclists in the area; and, Whereas the installation of appropriate traffic control measures, including a stop sign, may improve safety for all road users. Now therefore be it resolved: That staff be directed to investigate the feasibility and appropriateness of installing a traffic stop sign at the intersection of Eric Clarke Drive and William Davidson Street; and, That the investigation include: A review of traffic volumes, speeds, and collision history at the intersection; An assessment of pedestrian activity, particularly related to Eric Clarke Park; Consideration of applicable traffic warrants and safety standards; Evaluation of any alternative traffic calming or control measures, if warranted; and, That staff report back to Council with findings and recommendations at the earliest feasible opportunity. Note: The disposition of this matter, Item 7.5.5, was determined through the referral motion below. Moved by Councillor Lee That consideration of the motion regarding reviewing the possibility of installing a stop sign at Eric Clarke Driv
Moved by Councillor Leahy
Referred
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.
Moved by Mayor Roy
Carried
That the meeting adjourn.
Moved by Councillor Bozinovski
Carried
That PDE 03-26, Planning and Development (Engineering Services) Department Report regarding Settler’s Court and Breezewood Court – Consideration of No Parking Restrictions, be
Moved by Councillor Shahid
Tabled
That the amendment to the main motion be further amended to read as follows: 2. That Council add one placeholder cycle in either July or August - Planning meeting, Committee of the Whole and Council. 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 2 7 0
Moved by Councillor Yamada
Lost
In favour (2): Councillor Leahy, Councillor Yamada · Opposed (7): Mayor Roy, Councillor Bozinovski, Councillor Cardwell, Councillor Lee, Councillor Lundquist, Councillor Mulcahy, Councillor Shahid
The amendment to the main motion was then before Committee as follows: 2. That Council add placeholder meetings in July and August for a partial council cycle each month - Planning meeting, Committee of the Whole and Council. 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 1 8 0
Moved by Councillor Leahy
Carried
In favour (1): Councillor Leahy · Opposed (8): Mayor Roy, Councillor Bozinovski, Councillor Cardwell, Councillor Lee, Councillor Lundquist, Councillor Mulcahy, Councillor Shahid, Councillor Yamada
That Item 7.5.2, Request for the Federal Government to Notify Municipalities when High-Risk Offenders are Authorized for Unescorted Temporary Absences, be
Moved by Mayor Roy
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 consideration of the motion regarding reviewing the possibility of installing a stop sign at Eric Clarke Drive and William Davidson Street be
Moved by Councillor Lee
Referred

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