Committee of the Whole Revised Agenda

Monday, April 13, 2026 at 7:00 P.m. - 11:00 P.m.

Council Chambers

Whitby Town Hall

This meeting will be available for viewing through the Town’s live stream feed while the meeting is in progress. Please visit whitby.ca/CouncilCalendar for more information about the live stream and archived videos.

 

This meeting will be held in a hybrid in-person and virtual format. In accordance with Section 8.1 of Procedure By-law # 8081-24, Members of Council may choose to attend in-person or participate virtually.

 

Should you wish to provide comments regarding a matter being considered below, please submit written correspondence and/or a Delegation Request Form.

 

• To submit written correspondence, please email your correspondence to the Office of the Town Clerk at  by noon on the day of the meeting. Correspondence must include your full name, address, and the item on the agenda that your correspondence is related to.
• To speak during the Committee meeting either in-person or virtually, please submit a Delegation Request Form online to the Office of the Town Clerk by 8 a.m. on the day of the meeting. Should you be unable to access a computer, please call 905.430.4300 to speak with a Staff Member in the Office of the Town Clerk.
  
  

A Revised Agenda may be published on a later date. Late items added or a change to an item will appear with an asterisk beside them.

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1.

Call To Order: The Mayor

2.

Call of the Roll: The Clerk

3.

Declarations of Conflict of Interest

4.

Whitby Tourism Development Corporation Annual General Meeting

Note: The Whitby Tourism Development Corporation Annual General Meeting is being held in accordance with Section 9.01 of Whitby Tourism and Development Corporation Organizational By-law No. 1. Pursuant to the By-law, The Corporation of the Town of Whitby is the sole Member of the Whitby Tourism Development Corporation and the Council of the Town of Whitby represents the Corporation in this capacity.

4.1

Presentations

4.1.1

Jeremy Giles, Manager, Events & Tourism, Town of Whitby, Samuel Vander Baaren, Sr. Manager, Assurance and Accounting, MNP, and Fuwing Wong, Commissioner, Financial Services/Treasurer, Town of Whitby (In-Person Attendance)

Re: CAO 10-26, Office of the Chief Administrative Officer Report
Whitby Tourism Development Corporation 2025 Annual Report

Refer to Item 4.2.1, CAO 10-26

4.2

Staff Reports

4.2.1

CAO 10-26, Office of the Chief Administrative Officer Report

Re: Whitby Tourism Development Corporation 2025 Annual Report

• Recommendation:
  1. That Report CAO 10-26 be received for information;
  2. That the Whitby Tourism Development Corporation’s Audited Financial Statements for the fiscal years 2024 and 2025, be approved;
  3. 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,
  4. That the Whitby Tourism Development Corporation’s 2026 Budget, as shown in Attachment 3 to Staff Report CAO 10-26, be approved.

5.

Consent Agenda

6.

Planning and Development

6.1

Presentations

6.2

Delegations

6.3

Correspondence

6.4

Staff Reports

6.4.1

PDE 03-26, Planning and Development (Engineering Services) Department Report

Re: Settler’s Court and Breezewood Court – Consideration of No Parking Restrictions

• Recommendation:
  1. That Council provide direction to staff regarding No Parking at the cul-de-sacs (turning bulbs) of Settler’s Court and Breezewood Court;
  2. If a No Parking restriction is approved by Council, that a By-law to amend By-law 8059-24 be brought forward for the consideration of Council; and,
  3. That the Clerk be directed to forward PDE 03-26 to Durham Student Transportation Services (DSTS).

6.4.2

PDP 17-26, Planning and Development (Planning Services) Department Report

Re: Sign By-law Amendment to Permanent Sign By-law for 1629 Victoria Street East (RioCan Management Inc.) – SBA-01-25

• Recommendation:
  1. 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,
  2. 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.

6.4.3

PDP 19-25, Planning and Development (Planning Services) Department Report

Re: Official Plan Amendment and Zoning By-law Amendment Applications, Southwest Corner of Winchester Road West and Baldwin Street South, File Numbers: DEV-01-26 (OPA-2026-W/01) and DEV-40-25 (Z-22-25)

• Recommendation:
  1. 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;
  2. 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,
  3. That a by-law to amend Zoning By-law #1784 be brought forward for consideration by Council.

6.4.4

PDP 20-26, Planning and Development (Planning Services) Department Report

Re: Zoning By-law Amendment Application, Garrard Limited Partnership, 5305 and 5365 Garrard Road, File Number: DEV-22-25 (Z-13-25)

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

6.5

New and Unfinished Business - Planning and Development

7.

General Government

7.1

Presentations

7.2

Delegations

7.2.1

Ronald Stevens, Resident (In-Person Attendance)

Re: Advocacy to the Province of Ontario to Amend Bill 9, Municipal Accountability Act – Recommending the Removal from Office Vote be Adjusted from a Unanimous to a Vote by 2/3rds of Council

Refer to Item 7.5.3, Advocacy to the Province of Ontario to Amend Bill 9, Municipal Accountability Act – Recommending the Removal from Office Vote be Adjusted from a Unanimous to a Vote by 2/3rds of Council

7.3

Correspondence

7.3.1

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

• Recommendation:

  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.

7.4

Staff Reports

7.4.1

CAO 09-26, Office of the Chief Administrative Officer Report

Re: Amendments to Advertising and Sponsorship Policies

• Recommendation:
  1. 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,
  2. 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.

7.4.2

CAO 13-26, Office of the Chief Administrative Officer Report

Re: Memorandum of Understanding between the Town of Whitby and the Canadian Musicians Cooperative 2026 to 2028

• Recommendation:
  1. That Report CAO 13-26 be received for information;
  2. 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;
  3. 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,
  4. 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.

      

7.4.3

CAO 14-26, Office of the Chief Administrative Officer and Financial Services Department Joint Report

Re: The Hotel and Conference Centre Attraction Program

• Recommendation:
  1. That Council endorse the proposed Hotel and Conference Centre Attraction Program outlined in Staff Report CAO 14-26;
  2. 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;

  3. 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,

  4. That notwithstanding Town Policy F 430, the Town’s Development Charges Interest Policy, no interest be calculated on development charges deferred for the purpose of the Hotel and Conference Centre Attraction Program for the first 24 months following the issuance of a building permit.

7.4.4

CAO 15-26, Office of the Chief Administrative Officer Report

Re: 2025 Annual Sustainability Report and 2026–2031 Energy Conservation and Demand Management Plan 

• Recommendation:
  1. That Report CAO 15-26 be received for information;
  2. That Council approve the 2026–2031 Energy Conservation and Demand Management (ECDM) Plan, included as Attachment 2, in accordance with Ontario Regulation 25/23;
  3. 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,
  4. That the Clerk forward a copy of Report CAO 15-26 to the Region of Durham, Sustainability Department.

7.4.5

CAO 16-26, Office of the Chief Administrative Officer Report

Re: Corporate Waste Management Strategy

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

7.4.6

CLK 01-26, Office of the Town Clerk Report

Re: Compliance Audit Committee and Terms of Reference - 2026 Municipal Election

• Recommendation:
  1. That the draft Compliance Audit Committee Terms of Reference as shown in Attachment 1 to Report CLK 01-26 be approved; 
  2. 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,
  3. 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.

7.4.7

CLK 04-26, Office of the Town Clerk Report

Re: 2027 Council, Committee, and Public Meetings Schedule

• Recommendation:

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

7.4.8

FS 19-26, Financial Services Department Report

Re: 2026 Property Tax Levy

• Recommendation:
  1. That the 2026 property tax rates for the General Municipal Town Levies, shown in Attachment A of Report FS 19-26, be approved;
  2. 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;
  3. That the final property tax bill due dates for all property tax classes be June 30, 2026 and September 29, 2026;
  4. 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;
  5. 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,
  6. 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.

7.4.9

LS 04-26, Legal and Enforcement Services Department Report

Re: Fence Exemption Request for 400 St. John Street

• Recommendation:
  1. That Report LS 04-26 be received for information; and,
  2. That Council provide direction to staff regarding the fence exemption request for 400 St. John Street by approving or denying the request and applying any conditions Council deems appropriate.

7.5

New and Unfinished Business - General Government

7.5.1

Strengthening Provincial Sanctions for Coercive or Politically Motivated Misuse of Office by Municipal Councillors

Note: Consideration of this matter was deferred from the Committee of the Whole meeting on March 23, 2026 due to the meeting adjourning in accordance with Section 11.47 of Procedure By-law # 8081-24. 

Moved by Mayor Roy

• Recommendation:

  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:

  1. That Council formally request that the Province of Ontario undertake amendments to the Municipal Act, 2001 and related statutes to strengthen the accountability framework for municipal elected officials, including:
     
     • The creation of enhanced sanctions for serious ethical breaches involving coercion, intimidation, or the misuse of office for political or personal advantage;
     • The establishment of a provincial investigative and adjudicative mechanism, independent of local Integrity Commissioners, to address allegations of conduct that may constitute abuse of power;
     • The authority for such a mechanism to impose stronger penalties, including temporary or permanent disqualification from holding municipal office, where findings of serious misconduct are made; and,
     • Clear statutory guidance on the interaction between municipal Codes of Conduct, Integrity Commissioner processes, and criminal law, ensuring that municipalities and the public understand the appropriate pathways for addressing conduct that may cross legal thresholds.
  2. That this resolution be forwarded to the Minister of Municipal Affairs and Housing, the Association of Municipalities of Ontario (AMO), and all municipalities within the Greater Toronto Area.

7.5.2

Request for the Federal Government to Notify Municipalities when High-Risk Offenders are Authorized for Unescorted Temporary Absences

See also Memorandum from F. Santaguida, Commissioner of Legal and Enforcement Services/Town Solicitor, dated March 23, 2026 regarding Information re Municipal Participation and Authority within Criminal Parole Administration

Note: Consideration of this matter was deferred from the Committee of the Whole meeting on March 23, 2026 due to the meeting adjourning in accordance with Section 11.47 of Procedure By-law # 8081-24. 

Moved by Councillor Leahy

• Recommendation:

  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:

  1. 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;
  2. That such notification be provided in advance to the appropriate municipal officials and police services in order to support local public safety planning and communication;
  3. That the Town of Whitby requests that the Honourable Gary Anandasangaree, Minister responsible for federal public safety and corrections, review existing notification protocols and implement reforms that ensure municipalities receive timely information regarding high-risk offender movements; and,
  4. That copies of this resolution be sent to the Minister of Public Safety, the Correctional Service of Canada, the Parole Board of Canada, the Association of Municipalities of Ontario, Durham Region municipalities, and local Members of Parliament for their support and consideration.

7.5.3

Advocacy to the Province of Ontario to Amend Bill 9, Municipal Accountability Act – Recommending the Removal from Office Vote be Adjusted from a Unanimous to a Vote by 2/3rds of Council

Moved by Councillor Mulcahy

• Recommendation:

  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 from a local Council to declare a Member’s seat vacant is not in the best interest of preserving public confidence in instances of harm to a person or persons.

  Therefore be it resolved:

  That the Council of the Town of Whitby formally requests that the Province of Ontario amend Bill 9, or any successor legislation, to adjust the vote threshold required from a local Council to remove a Member from office from a unanimous vote to a 2/3rds majority vote.

7.5.4

Request Staff to Report on the Impacts of the Province's Initiative to Reduce Development Charges

Moved by Councillor Leahy

• Recommendation:

  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:

  1. 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,
  2. 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, and long-term financial sustainability;
     • An assessment of how the proposed HST elimination on new home purchases may affect housing demand, affordability, and development activity in Whitby;
     • Identification of any risks, pressures, or unintended consequences arising from these measures, including potential impacts on existing taxpayers;
     • An overview of any offsetting funding commitments or tools proposed by the federal or provincial governments to address municipal revenue shortfalls; and,
     • Recommendations on advocacy positions the Town of Whitby may take to ensure municipal interests are protected.
  3. That staff report back to Council at the earliest feasible opportunity.

7.5.5

Review the Possibility of Installing a Stop Sign at Eric Clarke Drive and William Davidson Street

Moved by Councillor Leahy

• Recommendation:

  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:

  1. 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,
  2. 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,
  3. That staff report back to Council with findings and recommendations at the earliest feasible opportunity.

8.

Adjournment