Update regarding Etobicoke Creek / Sherway Trail project and Section 37

Most recent update, message from Councillor Milczyn’s Office, forwarded to me on June 13, 2013:

Thank you for taking the time to email Councillor Milczyn. Peter wanted me to clarify a few things for you. If you wish for me to get Peter to call you to discuss this further, please let me know.

First and foremost, it is key to know that the Sherway Trail funding is not being cancelled or eliminated. The main issue here, and reason behind the original motion which Councillor Milczyn tabled, is because currently the City has been left waiting for the Ministry of Transportation (MTO) to give the City the permission to proceed with the Etobicoke Creek Trail. The City cannot proceed without this approval.

I assure you that Councillor Milczyn is in favour of this trail being completed. When the MTO does give the City the permission it required, it will be funded from some combination of Section 37, 42, or 45 funding, all of which will be amply available.

The issue, and reason for the Reports which are being tabled at June 18th Community Council, has always been the specificity with which these particular funds where originally allocated, the delay in securing MTO approval, and the inability to access funds for a wider range of community needs (for example excess Parkland monies could be allocated to the trail project but not to streetscape, but Section 37 funds should be able to be allocated to streetscape save for the restrictions imposed by this Zoning By-law).

If the ‘wording’ of the agreements do not provide some flexibility in their future allocation, then the remaining funds can never be spent on any other Ward 5 parks, streetscape projects or community benefits.

“IF” the MTO in the end, never approves this Trail to proceed, then the monies could be allocated to another needed community benefit project.


Susan O’Connor | Executive Assistant
to Toronto Councillor Peter Milczyn
Etobicoke Lakeshore-Ward 5
Toronto City Hall, Suite C51
Toronto, ON M5H 2N2

[End of update]

The topic of the Etobicoke Creek Trail has been discussed in a Jan. 25, 2013 blog post.

A Nov. 14, 2012 blog post also addressed the topic.

Brian Bailey of CCFEW has given permission for me to post his following recent message regarding the Sherway Trail project:

I went to a public meeting about this a few months ago. I left somewhat
reassured. The intent is to try to add flexibility to the Section 37
agreements. This is intended in part to address situations like this,
where the money sits in the bank waiting for years before a project can
proceed. The money was allocated so long ago, that it will now take
significantly more than $400,000 to complete the project. Also, if a
project is changed or abandoned for some reason, there is sometimes no
way to reallocate the funds.

I don’t see the Sherway Trail project falling off the priority list as
long as Milczyn is in office. Now that the log jam with MTO appears to
be broken, it looks like the project will be underway and hopefully
complete before this term of council ends.

Also, even if Council approves, the condo corporation and the developer
have to agree as well.


The back story:

It has been noted that a notice has been circulated of a public meeting on Tues. June 18th at 10.15 a.m. to pass the by-law reallocating the $400,000 originally committed for the Etobicoke Creek trail to other parkland improvements in Ward 5.

You can read a PDF of the notice here:

evans 700 notice


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