role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 212, Reducing Gridlock, Saving You Time Act, 2024

Sarkaria, Hon. Prabmeet Singh Minister of Transportation

Royal Assent received. Statutes of Ontario 2024,

chapter 25

Please select

View bill

Status

Debates

Acts affected

Votes

Royal Assent

As Amended by Standing Committee

Original

Bill 212 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

SCHEDULE 1

BUILDING BROADBAND FASTER ACT, 2021

The

Schedule amends subsection 26 (6) of the Building

Broadband Faster Act, 2021 to provide that an expropriation made under

section 10 of the Ministry of Infrastructure Act, 2011

in respect of a designated broadband project constitutes an expropriation.

Section 26.1 is added to exclude the application of certain provisions of the Expropriations Act to an expropriation made in respect

of a designated broadband project.

Section

26.2 is added to the Act to enable the Minister to assign easements

expropriated in respect of a designated broadband project to specified persons

or entities in order to further the purpose of the Act. An assignee is required

to reimburse the Crown for costs incurred by the Crown relating to the

expropriation of the assigned easement.

The

Schedule also amends subsection 9 (6) of the Ministry of

Infrastructure Act, 2011 to provide that a disposition made under

section 26.2 of the Building Broadband Faster Act, 2021

is not subject to the approval of the Lieutenant Governor in Council.

SCHEDULE 2

BUILDING HIGHWAYS FASTER ACT, 2024

The

Schedule enacts the Building Highways Faster Act, 2024 .

The purpose of the Act is to expedite the construction of priority highway

projects, which, as defined in the Act, are the Highway 413 Project, the

Bradford Bypass Project, the Garden City Skyway Bridge Twinning Project and any

other projects that are prescribed by regulation.

provision prohibits registered owners from applying under the Expropriations Act for the adjustment of the date of

possession for land that was expropriated by the Minister for the purposes of a

priority highway project.

The

Act provides that a utility company may be required to take up, remove or

change the location of utility infrastructure if, in the opinion of the

Minister, it is for the purposes of a priority highway project. Notice to the

utility company is required for such work and the utility company is permitted

to make submissions respecting any difficulties with completing the work. If

the utility company fails to do the work the Minister may cause it to be done.

The Act addresses compensation for such work, whether it is done by the utility

company or by the Minister.

The

Act requires any person who owns or operates infrastructure that may be

affected by a priority highway project to provide to the Minister the requested

information. Provisions are included respecting the disclosure of such

information.

Site

inspections may be carried out under the Act to support the planning, design or

construction of a priority highway project. The Act addresses the manner in

which such inspections shall be carried out, including the provision of advance

notice, and when a property owner may be compensated for damage resulting from

a site inspection. The Act provides for various offences relating to site

inspections and taking possession of land.

The

Act provides that, in certain circumstances, a justice of the peace may issue

an order authorizing a person to enter property to do certain things relating

to a site inspection or to take possession of certain land for the purposes of

a priority highway project. The Act includes provisions respecting how such

orders may be carried out and the expiry or renewal of orders.

provision states that if a priority highway project is designated by a

regulation made under the Act, certain restrictions imposed by municipal by-law

are inoperative to the extent that it would prevent or restrict the delivery of

goods or services to the priority highway project. The Act also includes

various other provisions relating to the provision of documents, the preclusion

of certain causes of action and regulation-making powers.

SCHEDULE 3

HIGHWAY 413 ACT, 2024

The

Schedule enacts the Highway 413 Act, 2024 .

Section

2 of the Act provides an exemption from the Environmental

Assessment Act for enterprises, activities, proposals, plans and

programs for or related to Highway 413, including the Highway 413 Project and

the Highway 413 early works projects.

Section 3 prohibits a person from

carrying out the Highway 413 Project except in accordance with the final

environmental impact assessment report and any addenda to it, prepared as part

of the environmental impact assessment process that applies to the Highway 413

Project under this Act. Sections 4 to 9 set out that process, including

requirements for an Indigenous consultation plan and its implementation, as

well as opportunities for persons to comment on the draft environmental impact

assessment report and any draft addendum to the report. The Minister is

required to publish draft and final environmental impact assessment reports and

any final addendum under the Act.

SCHEDULE 4

HIGHWAY TRAFFIC ACT

The Highway Traffic Act

is amended to set out fees for driver’s licences and certain driver

examinations and tests. It is also amended to require Ministry approval before

municipalities may construct bicycle lanes in certain circumstances, and to

require municipalities to provide the Ministry with information, including

information relating to bicycle lanes.

Part XII.1 is added to the Highway Traffic Act respecting bicycle lanes. Under the new Part,

(

a) municipalities

are required, in certain circumstances, to obtain the Minister’s approval

before constructing bicycle lanes or to provide the Minister with information

relating to existing bicycle lanes;

(

b) the Minister

is required to remove specific bicycle lanes in the City of Toronto; and

(

c) the Lieutenant

Governor in Council may order the removal of other bicycle lanes in certain

circumstances.

Other provisions address various matters relating

to the removal of bicycle lanes, including the powers of the Minister or a

person acting on the Minister’s behalf in removing such lanes, municipalities’

obligation to provide to support or information, the reimbursement of

municipalities for certain costs, and the immunity from liability of the Crown,

municipalities and other persons.

The Act is also amended to set out fees for

driver’s licences and certain driver examinations and tests.

SCHEDULE 5

TOWING AND STORAGE SAFETY AND ENFORCEMENT ACT, 2021

The

Towing and Storage Safety and Enforcement Act, 2021

is amended to provide that the sections relating to restricted towing zones

also apply to “roadside assistance vehicles” and “roadside assistance

services”. The

Schedule also transfers certain regulation-making powers

relating to restricted towing zones to the Minister from the Lieutenant

Governor in Council.

Bill 212 2024

Act to enact two Acts and amend various Acts with respect to highways,

broadband-related expropriation and other transportation-related matters

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Building

Broadband Faster Act, 2021

Schedule 2

Building

Highways Faster Act, 2024

Schedule 3

Highway

413 Act, 2024

Schedule 4

Highway

Traffic Act

Schedule 5

Towing

and Storage Safety and Enforcement Act, 2021

Preamble

The Government of Ontario:

Recognizes

the need to build priority highways faster as our province grows in order to

get people and goods out of gridlock and save drivers and businesses time and

money.

Recognizes

that accidents and lane closures can worsen traffic congestion and impact the

quality of life of Ontarians.

speeding up the delivery of broadband projects that will connect people in all

parts of Ontario, including rural areas, with reliable internet access.

building Highway 413, recognizing the importance of this highway to millions of

drivers from across Ontario.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Reducing Gridlock, Saving You Time Act,

2024 .

SCHEDULE 1

BUILDING BROADBAND FASTER ACT, 2021

Subsection 26 (6) of the Building Broadband Faster Act,

2021 is amended by adding “Other than an expropriation made under

section 10 of the Ministry of Infrastructure Act, 2011

in respect of a designated broadband project” at the beginning.

(1) The Act is amended by adding the following sections:

Expropriations,

no hearings of necessity

26.1 (1) Subsections

6 (2) to (5),

section 7 and subsections 8 (1) and (2) of the Expropriations Act do not apply to an expropriation of

land, within the meaning of that Act, if the expropriation is made under

section 10 of the Ministry of Infrastructure Act, 2011

in respect of a designated broadband project.

Conflict

(2) Subsection

(1) applies despite subsection 2 (4) of the Expropriations

Act .

Process

for comments

(3) The

Minister may, by direction, establish a process for receiving comments from

property owners about a proposed expropriation and for considering those

comments.

Non-application

of the Legislation Act, 2006

Part III

(4) Part

III of the Legislation Act, 2006 does not apply to

a direction made under subsection (3).

Statutory

Powers Procedure Act

(5) The

Statutory Powers Procedure Act does not apply to a

process for receiving and considering comments about a proposed expropriation

established under subsection (3).

Assignment

of expropriated easements

26.2

(1) The

Minister may assign any easement expropriated under

section 10 of the Ministry of Infrastructure Act, 2011 in respect of a

designated broadband project to,

(

a) a

distributor;

(

b) a

proponent;

(

c) a

telecommunications service provider, within the meaning of the Telecommunications Act (Canada); or

(

d) any

other entity, if the assignment is necessary to further the purpose of this

Act.

Same,

Minister’s designate

(2) If

the Minister’s authority under

section 10 of the Ministry

of Infrastructure Act, 2011 has been delegated under subsection 19

(2) of that Act to a Crown agency, the Crown agency may assign an easement

described in subsection (1) of this

section in accordance with that subsection.

Registration

(3) An

easement assigned under subsection (1) or (2) shall be registered against the

real property affected in the appropriate land registry office.

Validity

(4) An

easement including any covenant contained in the easement is valid whether or

not the assignee owns appurtenant land or land capable of being accommodated or

benefited by the easement or covenant and regardless of whether the easement or

covenant is positive or negative in nature.

Reimbursement

of expropriation costs incurred by the Crown

(5) An

assignee shall reimburse the Crown for costs incurred by the Crown relating to

the expropriation.

Prescribed

costs

(6) The

costs referred to in subsection (5) shall be determined by the Minister and

shall include, but are not limited to, such costs as may be prescribed by

regulation.

Payment

of reimbursement

(7) An

assignee shall make the reimbursement by making one or more payments in such

amount or amounts at such time or times as may be determined by the Minister.

(2) Subsection

26.1 (1) of the Act, as enacted by subsection (1), is amended by striking out

“section 7 and subsections 8 (1) and (2)” and substituting “section 7,

subsections 8 (1) and (2) and

section 8.1”.

Ministry

of Infrastructure Act, 2011

Subsection 9 (6) of the Ministry of Infrastructure Act,

2011 is amended by striking out “or” at the end of clause (c), by adding

“or” at the end of clause (

d) and by adding the following clause:

(

e) a

disposition made under

section 26.2 of the Building

Broadband Faster Act, 2021 .

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Reducing Gridlock, Saving

You Time Act, 2024 receives Royal Assent.

(2) Subsection

2 (2) comes into force on the later of the day

section 2 of

Schedule 5 to the Accelerating Access to Justice Act, 2021 comes into force

and the day the Reducing Gridlock, Saving You Time Act,

2024 receives Royal Assent.

SCHEDULE 2

BUILDING HIGHWAYS FASTER ACT, 2024

CONTENTS

Purpose and

Interpretation

Purpose

Interpretation

Expropriations

adjustment of date of possession

Utilities and Other

Infrastructure

Notice

to take up, remove or change location of utility infrastructure

Minister

may cause work to be done

Compensation

by Minister

Compensation

by company

Supplying

information re infrastructure

Site Inspections

Site

inspection

Manner

of carrying out site inspection

Compensation

Offence

Order

for entry or possession

Designation of Priority Highway

Projects

Delivery

of goods and services to facilitate 24 hour construction

Miscellaneous

Providing

a document

expropriation, injurious affection

personal liability

Regulations,

Lieutenant Governor in Council

Regulations,

Minister

Commencement and

Short Title

Commencement

Short

title

Purpose and

Interpretation

Purpose

1 The purpose of this Act

is to expedite the construction of priority highway projects by streamlining

and supplementing existing processes in order to alleviate delays to the timely

completion of such highway projects.

Interpretation

2 In this Act,

“actual costs”, in respect of the costs of work

carried out by a utility company to comply with a notice issued under

section

4, means all costs properly attributed to the work, including,

(

a) the actual wages paid to all workers up to

and including the supervisors for their time actually spent on the work and in

travelling to and from the work, and the cost of food, lodging and

transportation for such workers where necessary for the proper carrying out of

the work,

(

b) the cost to the utility company of

contributions related to such wages in respect of workplace safety and

insurance premiums, vacation pay, employment insurance, pension or insurance

benefits and other similar benefits,

(

c) the cost of using and transporting

equipment and explosives used in the work,

(

d) the cost of planning, designing and

engineering,

(

e) the cost of materials,

(

f) the cost of acquiring necessary permits,

approvals and property rights, and

(

g) related administrative costs such as for

project management; (“coût réel”)

“Bradford Bypass Project” means the project to

construct a highway connecting Highway 400 in the Town of Bradford West

Gwillimbury (County of Simcoe) to Highway 404 in the Town of East Gwillimbury

(Regional Municipality of York), located north of and parallel to Simcoe County

Road 88 in the Town of Bradford West Gwillimbury and Queensville Sideroad (York

Road 77) in East Gwillimbury, with the route traversing a small segment of the

Township of King in York Region and any related activities; (“projet de voie de

contournement de Bradford”)

“business day” means a day from Monday to Friday,

other than a holiday as defined in

section 87 of the Legislation

Act, 2006 ; (“jour ouvrable”)

“Garden City Skyway Bridge Twinning Project”

means the project to construct a second Garden City Skyway bridge along the

Queen Elizabeth Way and across the Welland Canal connecting the City of St.

Catharines to the Town of Niagara-on-the-Lake and any related activities; (“projet de jumelage de

ponts du Garden City Skyway”)

“highway” has the same meaning as in the Public

Transportation and Highway Improvement Act ; (“voie publique”)

“Highway

413 Project” means the project to do the following, and any related activities:

1. Construct

a highway that connects Highway 400 in the Regional Municipality of York to

Highway 401 and Highway 407 in the Regional Municipality of Halton and the

Regional Municipality of Peel and includes related facilities and structures such as

parking facilities, stormwater management ponds, commercial vehicle inspection

facilities and maintenance yards .

2. Construct

extensions of Highway 410 and Highway 427 to connect them to Highway 413; (“projet

d’autoroute 413”)

“information concerning

infrastructure” includes,

(

a) records of the infrastructure and

associated rights of way,

(

b) records of communications and agreements

related to the infrastructure,

(

c) information related to the location for

the infrastructure, and

(

d) any other information the Minister

considers necessary for the purposes of this Act; (“renseignements concernant

l’infrastructure”)

“institution”

has the same meaning as in the Freedom of Information and

Protection of Privacy Act ; (“institution”)

“land” includes any estate, term, easement, right

or interest in, to, over or affecting land; (“bien-fonds”)

“Minister”

means the Minister of Transportation or any other member of the Executive

Council to whom responsibility for the administration of this Act is assigned

or transferred under the Executive Council Act ;

(“ministre”)

“Ministry”

means the ministry of the Minister; (“ministère”)

“prescribed”

means prescribed by a regulation made under this Act; (“prescrit”)

“priority

highway project” means,

(

a) the

Highway 413 Project,

(

b) the

Bradford Bypass Project,

(

c) the

Garden City Skyway Twinning Project, or

(

d) any

other prescribed highway project; (“chantier routier prioritaire”)

“property

owner” includes a mortgagee, lessee, tenant, occupant, person entitled to a

limited estate or interest, and a guardian, executor, administrator or trustee

in whom land or any interest therein is vested; (“propriétaire du bien”)

“registered

owner” has the same meaning as in the Expropriations Act ;

(“propriétaire enregistré”)

“regulation”

means a regulation made under this Act; (“règlement”)

“related

activities”, in respect of priority highway projects, includes activities to

change existing infrastructure such as sewage works, rail lines, highways,

municipal and private roads and utility infrastructure; (“activités connexes”)

“utility

company” means a municipal corporation or commission or a company or individual

operating or using communications services, water services or sewage services,

or transmitting, distributing or supplying any substance or form of energy for

light, heat or power; (“entreprise de services

publics”)

“utility

infrastructure” means poles, wires, cables including fibre-optic cables,

conduits, towers, transformers, pipes, pipe lines or any other works,

structures or appliances placed over, on or under land or water by a utility

company. (“infrastructure de services publics”)

Expropriations

adjustment of date of possession

(1) Despite

subsection 39 (3) of the Expropriations Act , a

registered owner may not apply under that provision for an adjustment of the

date of possession specified in a notice of possession if the Minister

expropriated the land under the Public Transportation and

Highway Improvement Act for the purposes of a priority highway project.

Transition

(2) An

application referred to in subsection (1) that was made by a registered owner

on or after the day the Reducing Gridlock, Saving You Time

Act, 2024 received first reading but before the day this Act came into

force is terminated on the day this Act came into force if the application was

not disposed of before that day.

Utilities and Other

Infrastructure

Notice

to take up, remove or change location of utility infrastructure

(1) The

Minister may by notice require a utility company to take up, remove or change

the location of utility infrastructure if, in the opinion of the Minister, the

taking up, removing or changing in location is for the purposes of a priority

highway project.

Requirements

for notice

(2) The

notice issued under subsection (1) shall be in writing and include the

following information:

1. The

name of the priority highway project for which the notice is being given.

2. A

description of the utility infrastructure that needs to be taken up, removed or

changed in location.

3. The

date by which the work must be completed.

4. A

statement that written submissions may be made to the Minister within 15 days

after receiving the notice or by such later date as is specified in the notice,

and instructions on how to submit written submissions.

5. A

statement that the notice is issued pursuant to this

section of this Act.

6. Contact

information for further information about the notice.

Submissions

(3) The

utility company to which the notice is issued under subsection (1) may make

submissions in writing to the Minister by the date specified in the notice, including

submissions in respect of any technical or other difficulties with completing

the work by the date referred to in paragraph 3 of subsection (2).

Minister’s

decision

(4) After

considering any submissions made under subsection (3), the Minister may, in

writing,

(

a) confirm

the notice;

(

b) issue

an amended notice; or

(

c) revoke

the notice.

Date

in amended notice

(5) If

an amended notice is issued under subsection (4), the notice shall not specify

a date for completion of the work that is earlier than the date specified in

the notice issued under subsection (1).

Minister

may cause work to be done

(1) Where a

notice is issued under subsection 4 (1) or amended under subsection 4 (4), the

Minister may cause any work required by the notice to be done if the utility

company fails to do the work by the date specified in the notice or amended

notice.

Notice

of intent to cause work to be done

(2) The

Minister shall provide notice, in advance of any work to be done pursuant to

subsection (1), to the utility company to whom the notice was issued and to the

property owner.

Contents

(3) A

notice under subsection (2) shall be in writing and include the date and

approximate time of the work.

Compensation

by Minister

6 If the utility company completes the work required by the notice issued

under subsection 4 (1) or amended under subsection 4 (4), the Minister shall

compensate the utility company for the actual costs of doing the work.

Compensation

by company

(1) If the

Minister causes any work to be done pursuant to subsection 5 (1), the utility

company shall compensate the Minister for the value of any loss or expense

incurred by the Minister resulting from the failure of the utility company to

comply with the notice.

Actual

cost of work not included

(2) For greater certainty, the value

referred to in subsection (1) does not include the actual cost of doing the

work required by the notice.

Supplying

information re infrastructure

(1) The

Minister may make a request to a person for information concerning

infrastructure that the person owns or operates that may be affected by a

priority highway project.

Disclosing

information

(2) A

person who receives a request under subsection (1) shall supply the information

no later than 15 days after receiving the request or at such later time as may

be specified in the request.

Information

maintained in confidence

(3) The

Minister and every person employed in the Ministry that has access to information supplied under this

section shall maintain

it in confidence.

Exception

(4) Despite

subsection (3), the Minister or a person employed in the Ministry that has

access to information supplied under this

section may disclose it,

(

a) if

the person who supplied the information consents to its disclosure;

(

b) if

the disclosure is necessary for the purposes of the planning, design or

construction of a priority highway project;

(

c) if

the disclosure is necessary for the purposes of other infrastructure that is

planned, designed or constructed to be adjacent to or in connection with a

priority highway project;

(

d) to

counsel or to an advisor to the Minister or Ministry;

(

e) for

the purposes of complying with

an Act of the Legislature or

an Act of

Parliament;

(

f) where

disclosure is to an institution or a law enforcement agency in Canada to aid a

law enforcement investigation; or

(

g) where

disclosure is further to an order of a court or tribunal.

Information

deemed to have been supplied to Minister in confidence

(5) A

record that contains information received in accordance with this

section is

deemed for the purposes of

section 17 of the Freedom of

Information and Protection of Privacy Act to have been supplied to the

Minister by the person in confidence, and the information is deemed to be

information that, if disclosed, could reasonably be expected to result in undue

loss or gain to any person, group, committee or financial institution or

agency.

Information

deemed to have been supplied by Minister in confidence

(6) Information

received in accordance with this

section that the Minister discloses to another

institution is deemed, for the purposes of

section 17 of the Freedom of Information and Protection of Privacy Act , to

have been supplied in confidence to that institution, and the information is

deemed to be information that, if disclosed, could reasonably be expected to

result in undue loss or gain to any person, group, committee or financial

institution or agency.

Site Inspections

Site

inspection

(1) Subject

to subsection (2), the Minister or any person authorized by him or her may

enter any property for the purposes of carrying out a site inspection to

support the planning, design or construction of a priority highway project, and

for this purpose may,

(

a) make

records of the property and surrounding area;

(

b) take

samples;

(

c) conduct

tests or surveys;

(

d) assemble,

install, place or leave monitoring equipment on the property to collect

information or make records; and

(

e) alter in any manner any natural or

artificial feature of the property to carry out the activities in clauses (

a) to (d).

Dwelling

(2) A

site inspection shall not take place in a dwelling.

Compensation

and restoration

(3) If the Minister or any person authorized by

him or her does one or more of the things mentioned in clause (1) (b), (c), (

d) or (e), after doing so the Minister shall,

(

a) compensate

the property owner for any damages resulting from the work, and the procedure

for obtaining compensation set out in

section 11 applies; and

(

b) make

reasonable efforts to restore the property to its condition prior to the work.

Manner

of carrying out site inspection

Advance

notice

(1) The

Minister shall provide advance notice of a site inspection to the property

owner at least 15 days before the site inspection.

Contents

(2) The

advance notice shall be in writing and include the following information:

1. The

intended date and approximate time of the site inspection, with a statement

that reasonable efforts will be made to have the site inspection at a date and

time that is mutually convenient.

2. The

approximate duration of the site inspection.

3. The

purpose of the site inspection.

4. That

the property owner may be entitled to compensation and the procedure for

determining compensation.

5. That

obstructing a site inspection or interfering with any equipment used for a site

inspection is an offence under this Act.

6. Contact

information for further information.

Date

and time

(3) The

Minister shall make reasonable efforts to have a site inspection take place at

a date and time that is mutually convenient to the Minister and the property

owner.

no agreement

(4) If

no mutually convenient time is identified, a site inspection shall be carried

out,

(

a) during

the regular business hours of the place;

(

b) if

the place does not have regular business hours, at any time the place is open

for business;

(

c) if

the place is not a business or if clauses (

a) and (

b) are otherwise not

applicable, at any time during daylight hours; or

(

d) if

the nature of the site inspection is such that it must be carried out at a

specific time of day, that time of the day, whether or not it is during

daylight hours.

Identification

(5) A

person authorized by the Minister to carry out a site inspection shall produce,

on request, evidence of being authorized to do so.

Accompaniment

(6) A

person authorized by the Minister to carry out a site inspection may be

accompanied by one or more individuals under the person’s direction to assist

with the site inspection.

Use

of force

(7) A

person carrying out a site inspection is not entitled to use force to enter the

property.

Compensation

(1) This

section sets out procedures in respect of obtaining compensation in relation to

a site inspection.

Notice

to property owner

(2) Where

a site inspection was carried out under

section 9, the Minister shall, within

60 days after its conclusion, give notice to the property owner describing the

site inspection that was carried out, the land affected by it and the efforts

made to restore the property, and stating that the property owner may file a

claim for compensation with the Ministry within six months after the date of

the notice.

Particulars

(3) The

Minister may require a property owner who claims compensation to provide the

Minister with a true statement showing the particulars of the property owner’s

interest in the property and of the claim.

No compensation

(4) There is no obligation to compensate the property

owner for any damages resulting from a site inspection where notice has been given under subsection (2) and a claim

for compensation is not made within six months after the date of the notice.

Compensation

dispute

(5) If

the Minister and the property owner do not agree on compensation, either of

them may apply to the Ontario Land Tribunal to determine compensation.

Interest

(6) The

Tribunal may order interest on the compensation from when the work began at the

prescribed rate, if there is a prescribed rate.

Exception

to interest

(7) Despite

subsection (6),

(

a) if

the property owner was offered, in writing, compensation greater than the

amount determined by the Tribunal, no interest may be ordered in respect of any

period after the date of the offer; and

(

b) if

the Tribunal is of the opinion that any delay in determining the compensation

is attributable in whole or in part to the property owner, the Tribunal may

refuse to order interest for the whole or any part of the time for which the

property owner might otherwise be entitled to interest, or may order interest

at such rate less than the prescribed rate as appears just.

Municipality

or local board

(8) If

the property owner is a municipality or a local board within the meaning of the

Municipal Act, 2001 or the City

of Toronto Act, 2006 , then despite subsections (1) to (5),

(

a) the

Minister may compensate the property owner for any damages resulting from the

site inspection, but does not have to;

(

b) if

the Minister compensates the property owner, the Minister shall decide the

quantum of compensation and may provide only partial compensation; and

(

c) for

greater certainty, the Minister is not required to compensate the property

owner for anything done under subsection 9 (1), and the procedure for

determining compensation set out in subsections (1) to (5) of this

section does

not apply.

Offence

(1) Every

person is guilty of an offence who hinders, obstructs or interferes with the

Minister, any person authorized by the Minister or any person described in

subsection 10 (6) from carrying out a site inspection under

section 9.

Same

(2) Every

person is guilty of an offence who hinders, obstructs or interferes with the

Minister, any employee in the Ministry or a person acting on behalf of any of

them in taking possession of land that is vested in the Crown and which the

Minister has the right to possess for the purposes of a priority highway

project.

Same

(3) Every

person is guilty of an offence who damages, alters, tampers with, removes or

destroys any equipment installed, placed or left upon land under clause 9 (1)

(d).

Penalties

(4) A

person who is guilty of an offence under subsection (1), (2) or (3) is liable

on conviction,

(

a) in

the case of an individual,

(

i) for a first offence, to a fine of not more than $50,000

plus not more than an additional $10,000 for each day on which the offence

continues after the day it commences, or

(ii) for a second or

subsequent conviction for that offence, to a fine of not more than $100,000

plus not more than an additional $10,000 for each day on which the offence

continues after the day it commences; or

(

b) in

the case of a corporation,

(

i) for a first offence, to

a fine of not more than $500,000 plus not more than an additional $10,000 for

each day on which the offence continues after the day it commences, or

(ii) for

a second or subsequent conviction for that offence, to a fine of not more than

$1,000,000 plus not more than an additional $10,000 for each day on which the

offence continues after the day it commences.

Order

for entry or possession

(1) A

justice of the peace may issue an order authorizing a person named in the order

to enter property specified in the order to do anything authorized under

subsection 9 (1) or to take possession of land that is vested in the Crown and that the

Minister has the right to possess for the purposes of a priority highway

project if

the justice is satisfied, on information under oath, that there are reasonable

grounds to believe that,

(

a) it

is appropriate for a person to do the things authorized under subsection 9

(1) or the Minister is entitled to take possession of the land, as the case may be;

and

(

b) the

person may not be able to carry out his or her duties effectively without an

order under this

section because,

(

i) no

occupier is present to grant access to a place that is locked or otherwise

inaccessible,

(ii) another

person has prevented or may prevent the person from doing the things authorized

under subsection 9 (1) or from taking possession of the land,

(iii) it

is impractical, due to timing restrictions related to the planning, design and

construction of a priority highway project or because of any other reason, for a

person to obtain an order under this subsection without delay if access is

denied, or

(iv) an

attempt by a person to do the things authorized under subsection 9 (1) or to

take possession of land without the order might not achieve its purpose without

the order.

Expiry

(2) Unless

renewed, an order under this

section expires on the earlier of the day

specified in the order and the 30th day after the day the order is issued.

Renewal

(3) An

order under this

section may be renewed in the circumstances in which an order

may be issued under subsection (1), before or after expiry, for one or more

periods, each of which is not more than 30 days.

Application

without notice

(4) An

order under this

section may be issued or renewed on application without

notice.

When

to be executed

(5) Unless

the order provides otherwise, everything that an order under this

section

authorizes must be done between 6 a.m. and 9 p.m.

Application

for dwelling

(6) An

application for an order under this

section authorizing entry to a dwelling

shall specifically indicate that the application relates to a dwelling, and the order may

authorize such entry.

Identification

(7) A

person authorized

to carry

out the things specified in the order issued under subsection (1) shall

produce, on request, a copy of the order.

Accompaniment

(8) Unless

the order specifies otherwise, the person named in the order may be accompanied

by one or more persons under their direction to assist in carrying out the

things specified in the order.

Use

of force

(9) An

application for an order under this

section authorizing the use of force shall

specify the nature of the force that may be needed to be used to do the things

authorized under subsection 9 (1) or to take possession of the land, as the

case may be, and the order may authorize such use of force.

Other

(10) An

the circumstances, and a renewed order may contain additional or amended terms

and conditions.

Calling

for assistance of member of police service

(11) A person authorized by an order issued

under subsection (1) may take such steps and employ such assistance as is

necessary to accomplish what is required in the order, and may call for the

assistance of any member of the police service in the area where the assistance

is required, and it is the duty of every member of a police service to render

such assistance.

Designation of Priority

Highway Projects

Delivery

of goods and services to facilitate 24 hour construction

(1) If a

priority highway project is designated by a regulation for the purposes of this

section, a restriction imposed in a municipal by-law that prevents or restricts

a person from delivering goods or services to the priority highway project,

including a restriction relating to noise or the use of highways under the

jurisdiction of the municipality, is inoperative to the extent that it would

prevent or restrict the delivery of the goods or services.

Same

(2) Despite

subsection (1), the following restrictions continue to apply in respect of the

delivery of goods and services to the designated priority highway project:

1. A

restriction that establishes a weight restriction on a bridge, culvert or other

similar structure.

2. A

restriction that establishes a speed limit.

3. A

restriction that prohibits the use of a highway under the jurisdiction of the

municipality by vehicular traffic due to maintenance or construction.

4. A

restriction that prohibits the use of a highway under the jurisdiction of the

municipality for three days or less due to the holding of a street or special

event on the highway.

5. A

prescribed restriction.

Miscellaneous

Providing

a document

(1) A notice

or request provided or made by the Minister under

section 4, 5, 8, 10 or 11 is

sufficiently provided or made if it is,

(

a) delivered

directly to the person;

(

b) left

at the person’s last known address, in a place that appears to be for incoming

mail or with an individual who appears to be 16 years old or older;

(

c) sent

by regular mail to the person’s last known address;

(

d) sent

by commercial courier to the person’s last known address; or

(

e) provided

by other prescribed means.

Deemed

receipt

(2) For

the purposes of subsection (1),

(

a) a

document left under clause (1) (

a) or (

b) is deemed to have been received on

the first business day after it was left;

(

b) a

document sent under clause (1) (

c) is deemed to have been received on the fifth

business day after the day it was mailed;

(

c) a

document sent under clause (1) (

d) is deemed to have been received on the

second business day after the day the commercial courier received it; and

(

d) a

document given under clause (1) (

e) is deemed to have been received on the day

specified by the regulations.

expropriation, injurious affection

16 Nothing referred to in

section 3, 4, 5, 9 or 18 constitutes an expropriation or injurious affection

for the purposes of the Expropriations Act or

otherwise at law.

personal liability

(1) No cause

of action arises against any person referred to in subsection (2) for any act

done in good faith in the exercise or performance, or intended exercise or

performance, of the person’s powers, duties or functions under this Act or for

any alleged neglect, default or other omission in the exercise or performance

in good faith of those powers, duties or functions.

Same

(2) The

persons for the purposes of subsection (1) are,

(

a) any

current or former,

(

i) member

of the Executive Council;

(ii) Deputy

Minister of the Ministry;

(iii) employee,

officer or agent of the Crown; and

(

b) any

current or former employee, officer or director of an independent contractor

providing services to the Crown for the purposes of this Act, including

services to assist with work caused to be done under

section 5 or with a site

inspection under

section 9.

Crown

remains vicariously liable

(3) Despite

subsection 8 (3) of the Crown Liability and Proceedings

Act, 2019 , subsection (1) does not relieve the Crown of liability to

which it would otherwise be subject as a result of the acts or omissions of a

person specified in clause (2) (a).

Independent

contractor remains vicariously liable

(4) Subsection

(1) does not relieve an independent contractor of liability to which it would

otherwise be subject as a result of the acts or omissions of a person specified

in clause (2) (b).

Proceedings

barred

(5) No

proceeding shall be commenced against any person specified in subsection (2) in

respect of a matter referred to in subsection (1).

Same

(6) Subsection (5) does not apply

with respect to an application for judicial review or any proceeding that is

specifically provided for under this Act, but does apply with respect to any

other court, administrative or arbitral proceeding claiming any remedy or

relief, including specific performance, an injunction, declaratory relief, a

remedy in contract, restitution, unjust enrichment or tort, a remedy for breach

of trust or fiduciary obligation or any equitable remedy, enforcement of a

judgment, order or award made outside Ontario or any form of compensation or

damages including loss of revenue or profit.

Certain

proceedings not prevented

(7) This

section does not apply with respect to proceedings,

(

a) brought

by the Crown against any person; or

(

b) brought

by an independent contractor who provides services to the Crown for the

purposes of this Act against a current or former employee, director or officer

of that independent contractor.

Regulations, Lieutenant Governor in Council

18 The Lieutenant Governor

in Council may make regulations prescribing highway projects for the purposes

of the definition of “priority highway project” in

section 2.

Regulations,

Minister

19 The Minister may make

regulations,

(

a) prescribing

a rate for the purposes of subsection 11 (6);

(

b) designating

priority highway projects or parts of priority highway projects for the

purposes of subsection 14 (1);

(

c) prescribing

restrictions for the purposes of paragraph 5 of subsection 14 (2);

(

d) prescribing

other means of providing notice for the purposes of clause 15 (1) (

e) and the

day of deemed receipt for the purposes of clause 15 (2) (d).

Commencement and Short

Title

Commencement

20 The Act set out in

this

Schedule comes into force on the day the Reducing

Gridlock, Saving You Time Act, 2024 receives Royal Assent.

Short

title

21 The

short title of the Act set out in this

Schedule is the Building Highways Faster Act, 2024 .

SCHEDULE 3

HIGHWAY 413 ACT, 2024

CONTENTS

Definitions

Exemptions

from Environmental Assessment Act

Prohibition

re carrying out Highway 413 Project

Indigenous

consultation plan

Assessment

of impacts on environment

Draft

environmental impact assessment report

Notice

of draft environmental impact assessment report

Final

environmental impact assessment report

Significant

change — process

Notice

of completion

Deemed

authorization

Non-application

of Planning Act provisions

Environmental

Bill of Rights, 1993

Notice

Regulations

Retroactivity

Adoption

of documents in regulations

Commencement

Short

title

Definitions

1 In this Act,

“change

to the Highway 413 Project” means,

(

a) a

change to the Highway 413 Project as the project is described in the final environmental

impact assessment report published under subsection 8 (4), as amended by any

final addendum published under subsection 9 (8),

(

b) a

change to the manner in which the Highway 413 Project is carried out, including

a change to how the Ministry will mitigate negative impacts on the environment

and monitor and verify the effectiveness of its mitigation, as described in the

final

environmental impact assessment report published under subsection 8 (4), as

amended by any final addendum published under subsection 9 (8), and

(

c) a

prescribed type of change; (“ modification du projet d’autoroute 413”,

“modification du projet”)

“environment”

has the same meaning as in the Environmental Assessment

Act ; (“environnement”)

“highway”

has the same meaning as in the Public Transportation and

Highway Improvement Act ; (“voie publique”)

“Highway

413” means a highway that connects Highway 400 in the Regional Municipality of

York to Highway 401 and Highway 407 in the Regional Municipality of Halton and

the Regional Municipality of Peel and includes related facilities and structures such

as parking facilities, stormwater management ponds, commercial vehicle

inspection facilities and maintenance yards ; (“autoroute 413”)

“Highway

413 early works projects” means the following activities carried out by or on

behalf of the Minister,

(

a) constructing

an embankment for a ramp near the existing ramp that starts at Exit 330 on

westbound Highway 401 and connects westbound Highway 401 to westbound Highway

407 in the Regional Municipality of Halton,

(

b) constructing

a bridge within the Highway 413 route that is within or near the right of way

for Highway 10 within the Regional Municipality of Peel,

(

c) constructing

a bridge within the Highway 413 route that is within or near the right of way

for Bovaird Drive West within the Regional Municipality of Peel,

(

d) any

activities for or related to the activities described in clauses (

a) to (c),

(

e) constructing

fencing for or related to any of the activities described in clauses (

a) to (

d) or clause (f), or otherwise constructing fencing for or related to Highway 413

or extensions of Highway 410 and Highway 427 to connect them to Highway 413,

and any activities required for constructing such fencing, and

(

f) such

other activities for or related to Highway 413 or extensions of Highway 410 and

Highway 427 to connect them to Highway 413 as may be prescribed; (“projets de

travaux préliminaires de l’autoroute 413”)

“Highway

413 Project” means the following activities carried out by or on behalf of the

Minister, other than the Highway 413 early works projects,

(

a) constructing

Highway 413,

(

b) constructing

extensions of Highway 410 and Highway 427 to connect them to Highway 413,

(

c) changing

any,

(

i) existing

sewage works, rail lines or highways for or related to the activities set out

in clause (

a) or (b), or

(ii) any

prescribed thing related to the activities referred to in clause (

a) or (b),

and

(

d) such

other activities related to an activity referred to in (a), (

b) or (

c) as may

be prescribed; (“projet d’autoroute 413”)

“Highway

413 route” means the area identified as the Preliminary Route Planning Study

Area in Exhibit 6-20 of the GTA West Corridor Environmental Assessment Study:

Transportation Development Study Report, dated November 2012, a copy of which

is available on the Project website, as may be altered by the regulations;

(“tracé de l’autoroute 413”)

“Minister”

means the Minister of Transportation or such other member of the Executive

Council to whom responsibility for the administration of this Act is assigned

or transferred under the Executive Council Act ;

(“ministre”)

“Ministry”

means the ministry of the Minister; (“ministère”)

“person”

includes a municipality, the Crown and a Crown agency within the meaning of the

Crown Agency Act ; (“personne”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“Project

website” means a website maintained by or on behalf of the Minister on which

information on the Highway 413 Project is publicly shared; (“site Web du

projet”)

“regulations”

means the regulations made under this Act; (“règlements”)

“significant

change” means a change to the Highway 413 Project that is,

(

a) a

change to the alignment for Highway 413 and extensions of Highway 410 and Highway 427 to

connect them to Highway 413 , as shown on the maps and drawings of the Ministry’s

published under subsection 8 (4), as may be amended by any final addendum

published under subsection 9 (8),

(

b) the

addition of or a change to the location of a parking facility, stormwater

management pond, commercial vehicle inspection facility or maintenance yard,

(

c) the

addition of a bridge, interchange, intersection or roundabout,

(

d) the

addition of one or more lanes,

(

e) a

change to how or whether the Ministry will mitigate impacts on the environment,

except,

(

i) where

the change is required to comply with a provincial or federal Act, a regulation

made under such

an Act or an order, permit, approval or other instrument issued

under such

an Act, or

(ii) as

prescribed, or

(

f) a

prescribed type of change. (“modification importante”)

Exemptions

from Environmental Assessment Act

(1) The following are exempt from

the Environmental Assessment Act :

1. The

Highway 413 Project, including any change to the Highway 413 Project.

2. The

Highway 413 early works projects.

3. Any

enterprise or activity other than an enterprise or activity referred to in

paragraph 1 or 2 that,

i. is

carried out by or on behalf of the Minister, and

ii. is

for or related to Highway 413 or extensions of Highway 410 and 427 to connect

them to Highway 413, including establishing Highway 413 and the extensions.

4. Any enterprise or activity to which the

terms of reference for

the GTA West Corridor, approved on March 4, 2008 under the Environmental Assessment Act with file number EA-02-07,

apply.

5. Any proposal, plan or program

in respect of an enterprise or activity referred to in paragraphs 1 to 4.

6. Any

prescribed enterprise or activity or proposal, plan or program in respect of an

enterprise or activity that is for or related to Highway 413 or extensions of

Highway 410 and Highway 427 to connect them to Highway 413.

Exemptions

cease to apply

(2) The

exemptions set out in subsection (1) cease to apply once the notice of

completion is given under

section 10.

Non-application

(3) An

exemption set out in subsection (1) does not apply to any enterprise or

activity or proposal, plan or program in respect of any enterprise or activity

that may be prescribed.

Prohibition

re carrying out Highway 413 Project

(1) Subject to subsection (2), no

person shall carry out the Highway 413 Project except in accordance with the

final environmental impact assessment report published under subsection 8

(4) as amended by any final addendum published under subsection 9 (8).

Non-application

— change

(2) If

the Minister makes a change to the Highway 413 Project that is not a

significant change, subsection (1) does not apply to the extent that carrying

out the change does not accord with the final environmental impact assessment

report published under 8 (4), as amended by any final addendum published under

subsection 9 (8).

Activities

before process completed

(3) For

greater certainty, nothing in this Act prevents a person from carrying out the

following activities before the requirements set out in sections 4 to 9 are

fulfilled:

1. The

Highway 413 early works projects.

2. Acquiring

land or interests in land, including by expropriation, for the Highway 413

Project, including any change to the Highway 413 Project, and the Highway 413

early works projects.

3. Entering

into contracts for the Highway 413 Project, including any change to the Highway

413 Project, and the Highway 413 early works projects.

4. Issuing

an authorization required for the Highway 413 Project, including any change to

the Highway 413 Project, and the Highway 413 early works projects.

Indigenous

consultation plan

(1) The Minister shall prepare an

Indigenous consultation plan that includes,

(

a) a

list of Indigenous communities that have or may have existing Aboriginal or

treaty rights, as recognized and affirmed in

section 35 of the Constitution Act, 1982 , that may be impacted by the

Highway 413 Project;

(

b) a

list of any Indigenous communities that may otherwise be interested in the

Highway 413 Project; and

(

c) the

plan for,

(

i) consulting

with Indigenous communities referred to in clause (

a) in respect of the impacts

of the Highway 413 Project, including any significant change, on existing

Aboriginal or treaty rights, as recognized and affirmed in

section 35 of the Constitution Act, 1982 , and

(ii) consulting

with Indigenous communities referred to in clauses (

a) and (

b) in respect of

the assessment of the impacts of the Highway 413 Project and identification of

mitigation required by

section 5, the draft environmental impact assessment

report prepared under

section 6, any significant change and any draft addenda

prepared under

section 9.

Circulation

of plan

(2) The

Minister shall circulate the Indigenous consultation plan to the communities

referred to in subsection (1).

Circulation

of changes

(3) If

the Minister makes any changes to the Indigenous consultation plan, the

Minister shall circulate the changes to the communities referred to in

subsection (1).

Implementation

(4) The

Minister shall implement the Indigenous consultation plan, including any

changes to the plan.

Assessment

of impacts on environment

(1) Before completing the draft

environmental impact assessment report under

section 6, the Minister shall,

(

a) assess

the impacts of the Highway 413 Project on the environment; and

(

b) identify

how the Ministry will mitigate negative impacts identified in the assessment

under clause (a).

Assessment

based on preliminary design

(2) The

assessment of impacts and identification of mitigation under subsection

(1) shall be based on the Ministry’s preliminary design for the Highway 413

Project.

Use

of studies, etc.

(3) For

greater certainty, in fulfilling the requirements of subsection (1), the

Minister may use studies, research, evaluations or other work carried out

before or after this Act came into force in respect of the Highway 413 Project.

Draft

environmental impact assessment report

(1) The Minister shall prepare a

draft environmental impact assessment report in accordance with subsection (2).

Contents

(2) The

draft environmental impact assessment report shall contain the following:

1. A

statement of the purpose of the Highway 413 Project.

2. A description of the Highway 413 Project based on the

Ministry’s preliminary design for the Highway 413 Project.

3. A

map showing the location of Highway 413 and extensions of Highway 410 and

Highway 427 to connect them to Highway 413.

4. One

or more maps and drawings showing the Ministry’s preliminary design for the

Highway 413 Project, including the alignment for Highway 413 and extensions of Highway

410 and Highway 427 to connect them to Highway 413.

5. A

description of the other alignments for Highway 413 and extensions of Highway

410 and Highway 427 to connect them to Highway 413 that were considered by the

Ministry since November 1, 2012.

6. The

rationale for selecting the alignment for Highway 413 and extensions of Highway

410 and Highway 427 to connect them to Highway 413.

7. A

summary of the local environmental conditions of the Highway 413 route

identified by the Ministry.

8. A

description of studies of the environment completed or updated by the Ministry

after November 1, 2012 in respect of the Highway 413 Project.

9. The

Minister’s assessment under clause 5 (1) (

a) of the impacts of the Highway 413

Project on the environment.

10. The

Minister’s criteria for the assessment of impacts referred to in paragraph 9.

11. A

description of how the Ministry will mitigate negative impacts of the Highway

413 Project on the environment as identified under clause 5 (1) (b).

12. A

description of how the Ministry will monitor and verify the effectiveness of

its mitigation referred to in paragraph 11.

13. A

list of any provincial, federal or other authorizations that may be required

for the Highway 413 Project based on the Ministry’s preliminary design for the

Highway 413 Project.

14. A

consultation record, including,

i. a

summary of consultation carried out with Indigenous communities in respect of

the Highway 413 Project after November 1, 2012, including a

summary of,

A. comments

submitted and concerns raised by Indigenous communities, and

B. discussions

that the Ministry had with Indigenous communities,

ii. a

summary of consultation carried out with the public in respect of the Highway

413 Project after November 1, 2012, including a

summary of written comments and

concerns submitted by members of the public, and

iii. a

description of what the Ministry did to respond to concerns referred to in

subparagraphs i and ii.

Studies,

para. 8 of subs. (2)

(3) The

studies referred to in paragraph 8 of subsection (2) includes studies related

to,

(

a) fish

and fish habitat;

(

b) terrestrial

ecosystems;

(

c) archaeological

resources;

(

d) air

quality;

(

e) agriculture;

(

f) noise;

(

g) socio-economic

conditions; and

(

h) drainage

and stormwater management.

Publication

of studies

(4) The

Minister shall publish the studies and updates of studies described in the

draft environmental impact assessment report on the Project website, except

where, in the opinion of the Minister, the studies or updates of studies

contain information about sensitive natural or cultural heritage matters.

Notice

of draft environmental impact assessment report

(1) The Minister shall prepare and

distribute a notice of draft environmental impact assessment report.

Contents

(2) The

notice shall include the following information:

1. The

Project website’s address.

2. A

map showing the location of Highway 413 and extensions of Highway 410 and

Highway 427 to connect them to Highway 413.

3. A

statement that the draft environmental impact assessment report is available

for comment.

4. Information

on how to access a copy of the draft environmental impact assessment report.

5. The

name, phone number and email address of a person who may be contacted on behalf

of the Ministry.

6. Information

about the opportunity to submit written comments on the draft environmental

impact assessment report, including the date by which any comments must be

submitted.

Distribution

(3) The

Minister shall distribute the notice by,

(

a) giving

a copy of the notice to,

(

i) every

Indigenous community that is listed in the Indigenous consultation plan

prepared under

section 4,

(ii) the

clerk of every municipality that is within the alignment for Highway 413 and

extensions of Highway 410 and Highway 427 to connect them to Highway 413, as

shown on the

environmental impact assessment report prepared under

section 6,

(iii) every

person on any list maintained by the Ministry of persons who have expressed

interest in the Highway 413 Project, and

(iv) any

federal department or agency who, in the opinion of the Minister, may be

interested in the Highway 413 Project; and

(

b) publishing

the notice,

(

i) in

one or more newspapers having general circulation in the municipalities that

are within the alignment for Highway 413 and extensions of Highway 410 and

Highway 427 to connect them to Highway 413, as shown on the maps and drawings

report prepared under

section 6, and

(ii) on

the Project website.

Final

environmental impact assessment report

(1) After publishing the notice of

draft environmental impact assessment report under clause 7 (3) (b), the

Minister shall do the following:

1. Provide

the Indigenous communities and persons to whom a copy of the notice under

clause 7 (3) (

a) is required to be given and the public an opportunity to

submit written comments on the draft environmental impact assessment report.

2. Provide

access to a copy of the draft environmental impact assessment report to the

Indigenous communities and persons to whom a copy of the notice under clause 7

(3) (

a) is required to be given and to the public by publishing a copy on the

Project website or by such other means as the Minister considers appropriate.

3. Prepare

the final environmental impact assessment report in accordance with subsections

(2) and (3).

Preparation

of final environmental impact assessment report

(2) In

preparing the final environmental impact assessment report, the Minister shall

do the following:

1. Consider

any concerns that were raised regarding the draft environmental impact

assessment report in comments provided by the Indigenous communities referred

to in paragraph 1 of subsection (1).

2. Consider

any concerns that were raised regarding the draft environmental impact

assessment report in written comments submitted by the following persons by the

date set out in the notice of draft environmental impact assessment report

distributed under

section 7 by which written comments must be submitted:

i. Persons

to whom a copy of the notice under subclauses 7 (3) (a) (ii) to (iv) is

required to be given.

ii. Members

of the public.

Contents

of final environmental impact assessment report

(3) The

final environmental impact assessment report shall include the following:

1. A

description of the concerns regarding the draft environmental impact assessment

report raised by the Indigenous communities referred to in paragraph 1 of

subsection (1) and of what the Ministry did to respond to these concerns.

2. A

description of the concerns regarding the draft environmental impact assessment

report raised by the persons referred to paragraph 2 of subsection (1) in

written comments submitted by the date set out in the notice of draft

environmental impact assessment report distributed under

section 7 by which

written comments must be submitted, and of what the Ministry did to respond to

these concerns.

3. A

description of any changes to,

i. the

Ministry’s preliminary design for the Highway 413 Project that was identified

in the draft environmental impact assessment report published under clause 7

(3) (b), and

ii. the

manner in which the Highway 413 Project is to be carried out that was described

in the draft environmental impact assessment report.

4. If

a change described in subparagraph 3 i has been made and the Minister considers

it appropriate, a map or drawings showing the change.

Publication

of final environmental impact assessment report

(4) The

Minister shall publish the final environmental impact assessment report on the

Project website.

Notice

of publication

(5) The

Minister shall notify the Indigenous communities and the persons to whom a copy

of the notice under clause 7 (3) (

a) is required to be given of the publication

of the final environmental impact assessment report and provide them with

access to a copy of it.

Significant

change — process

(1) The Minister shall carry out the

following steps with respect to a significant change:

1. Undertake

any studies of the environment in relation to the significant change that the

Minister considers appropriate.

2. Assess

any impacts of the significant change on the environment.

3. Identify

how the Ministry will mitigate any negative impacts identified in the

assessment under paragraph 2.

4. Prepare

a draft addendum to the final environmental impact assessment report and a

final addendum in accordance with this section.

Draft

addendum — contents

(2) A

draft addendum to the final environmental impact assessment report shall

include the following information:

1. A

description of the significant change.

2. The

reasons for the significant change.

3. A

description of any studies of the environment undertaken by the Minister in

relation to the significant change and identification of the area studied.

4. The

Minister’s assessment and comparison of any alternative to the significant

change considered by the Minister.

5. The

Minister’s assessment of any impacts of the significant change on the

environment.

6. A

description of how the Ministry will mitigate any negative impacts of the

significant change on the environment.

7. A

description of how the Ministry will monitor and verify the effectiveness of

the mitigation measures proposed under paragraph 6.

8. A

consultation record that includes,

i. a

summary of consultation carried out with Indigenous communities in respect of

the significant change, including a

summary of,

A. comments

submitted and concerns raised by Indigenous communities, and

B. discussions

that the Ministry had with Indigenous communities,

ii. a

summary of consultation carried out with the public in respect of the

significant change, including a

summary of written comments and concerns

submitted by members of the public, and

iii. a

description of what the Ministry did to respond to concerns referred to in

subparagraphs i and ii.

Notice

of draft addendum — contents

(3) If

a draft addendum is required to be prepared under paragraph 4 of subsection

(1), the Minister shall prepare a notice of draft addendum that contains the

following:

1. The

Project website’s address.

2. A

description of the significant change.

3. The

reason for the significant change.

4. A

map showing the location of the significant change.

5. A

statement that the draft addendum is available for comment.

6. Information

on how to access a copy of the draft addendum.

7. The

name, phone number and email address of a person who may be contacted on behalf

of the Ministry.

8. Information

about the opportunity to provide written comments on the draft addendum,

including the date by which written comments must be submitted.

Notice

of draft addendum — distribution

(4) The

Minister shall distribute the notice of draft addendum by,

(

a) giving

a copy of the notice to,

(

i) every

Indigenous community that is listed in the Indigenous consultation plan

prepared under

section 4,

(ii) the

clerk of every municipality within which the significant change is located, and

(iii) any

federal department and agency or other person who, in the opinion of the

Minister, may be interested in the significant change; and

(

b) publishing

the notice,

(

i) in one or more newspapers having general

circulation in any municipality within which the significant change is located,

and

(ii) on

the Project website.

After

notice published

(5) After

publishing the notice of draft addendum under clause (4) (b), the Minister

shall do the following:

1. Provide

the Indigenous communities and persons to whom a copy of the notice under

clause (4) (

a) is required to be given and the public an opportunity to submit

written comments on the draft addendum.

2. Provide

access to a copy of the draft addendum to the Indigenous communities and

persons to whom a copy of the notice under clause (4) (

a) is required to be

given and to the public by publishing a copy on the Project website or by such

other means as the Minister considers appropriate.

3. Prepare

the final addendum in accordance with subsections (6) and (7).

Preparation

of final addendum

(6) In

preparing the final addendum, the Minister shall do the following:

1. Consider

any concerns that were raised regarding the draft addendum in comments provided

by the Indigenous communities referred to in paragraph 1 of subsection (5).

2. Consider

any concerns that were raised regarding the draft addendum in written comments

submitted by the following persons by the date set out in the notice of draft

addendum distributed under subsection (4) by which written comments must be

submitted:

i. Persons

to whom a copy of the notice under subclauses (4) (a) (ii) and (iii) is

required to be given.

ii. Members

of the public.

Contents

of final addendum

(7) The

final addendum shall include the following:

1. A

description of the concerns regarding the draft addendum raised by the

Indigenous communities referred to in paragraph 1 of subsection (6) and of what

the Ministry did to respond to these concerns.

2. A

description of the concerns regarding the draft addendum submitted by persons

referred to in paragraph 2 of subsection (6) in written comments submitted by

the date set out in the notice of draft addendum distributed under subsection

(4) by which written comments must be submitted and of what the Ministry did to

respond to these concerns.

3. A

description of any revisions to the significant change described in the draft

addendum.

Publication

of final addendum

(8) The

Minister shall publish the final addendum on the Project website.

Notice

of final addendum

(9) The

Minister shall notify the Indigenous communities and the persons to whom a copy

of the notice is required to be given under clause (4) (

a) of the final

addendum published under subsection (8).

Notice of completion

10 Once the Minister is satisfied the Highway 413

Project is complete, the Minister shall publish a notice that meets the

prescribed requirements, if any, on the Project website indicating that the

Highway 413 Project is complete.

Deemed

authorization

(1) For the purposes of any

provincial plan, as these may be amended from time to time, the Highway 413

Project, including any change to the Highway 413 Project, and the Highway 413

early works projects are deemed to have been subject to, and approved or otherwise

authorized under, the Environmental Assessment Act

as of the Minister publishing the final environmental impact assessment report

under subsection 8 (4).

Definition

(2) In

subsection (1),

“provincial

plan” has the same meaning as in the Planning Act .

Non-application

of Planning Act provisions

12 (1) Clause 3 (5) (

a) of the Planning Act does not apply to a decision of a minister

of the Crown or a ministry, board, commission or agency of the Government of

Ontario in respect of the Highway 413 Project, including any change to the

Highway 413 Project, or the Highway 413 early works projects.

Same

(2) Subsection

3 (6) of

the Planning Act does not apply in respect of the

Highway 413 Project, including any change to the Highway 413 Project, or the

Highway 413 early works projects.

Environmental

Bill of Rights, 1993

Part II of the Environmental

Bill of Rights, 1993 does not apply to a proposal to issue, amend or

revoke an instrument for or related to the Highway 413 Project, including any

change to the Highway 413 Project, or the Highway 413 early works projects

despite the proposal being a type of proposal for an instrument that is

classified by a regulation made under that Act.

Notice

(1) A notice that must be given to a

person under this Act is sufficiently given,

(

a) by

personal delivery to the person;

(

b) through

regular mail delivery addressed to the person at the most recent address the Ministry

has on record for the person;

(

c) using

any method of mail delivery that permits the delivery to be verified; or

(

d) by

electronic transmission.

Deemed

receipt — regular mail

(2) A

notice delivered in accordance with clause (1) (

b) is deemed to be given to the

person it is addressed to on the fifth day after it is mailed.

Deemed

receipt — electronic transmission

(3) A

notice delivered in accordance with clause (1) (

d) is be deemed to be given on

the day after it is sent, unless that day is a holiday in which case the

document is deemed to be received on the next day that is not a holiday.

Regulations

(1) The Lieutenant Governor in

Council may make regulations,

(

a) respecting

anything that is referred to in this Act as being prescribed;

(

b) defining any word or expression used in

this Act that is not already defined and further defining any word or

expression used in this Act that is already defined in this Act;

(

c) prescribing types of change for the

purposes of the definition of “significant change” in

section 1;

(

d) prescribing activities for the purposes of

the definition of “Highway 413 Project” in

section 1;

(

e) prescribing activities for the purposes of

the definition of “Highway 413 early works projects” in

section 1;

(

f) altering the area for the purpose of the

definition of “Highway 413 route” in

section 1;

(

g) governing assessment and mitigation of impacts of

the Highway 413 Project on the environment;

(

h) governing notices required to be given

under this Act;

(

i) varying

requirements for preparing, distributing and publishing notices;

(

j) prescribing

enterprises or activities for the purposes of paragraph 6 of subsection 2 (1);

(

k) varying

requirements for preparing the draft environmental impact assessment report

under

section 6 and the final environmental impact assessment report under

section 8;

(

l) varying

requirements for the preparation of draft and final addenda to the final

environmental impact assessment report under

section 9;

(

m) requiring

and governing a review of the Highway 413 Project or any part of the Highway

413 Project, the final environmental impact assessment report and any final

addendum, to be conducted by the Minister, including specifying the timing and

frequency of the review, requirements for the review and parts of the Highway

413 Project subject to the review;

(

n) governing

changes to the Highway 413 Project;

(

o) providing

for any other matters to carry out this Act.

Same

(2) A

regulation made under clause (1) (

d) or (

e) shall not be made after the

Minister publishes the notice of draft environmental impact assessment report

on the Project website under clause 7 (3) (b).

Retroactivity

16 If it so provides, a regulation is effective

with respect to a period before it is filed.

Adoption

of documents in regulations

(1) A regulation may adopt by

reference, in whole or in part, with such changes as the Lieutenant Governor in

Council considers necessary, any document, including a code, formula, standard,

protocol or procedure, and may require compliance with any document so adopted.

Rolling

incorporation by reference

(2) The

power to adopt by reference and require compliance with a document in

subsection (1) includes the power to adopt a document as it may be amended from

time to time.

Same

(3) The

adoption by reference of an amendment to a document comes into effect on

publication of a notice of the amendment in The Ontario

Gazette or in the registry under the Environmental

Bill of Rights, 1993 .

Commencement

18 The Act set out in this

Schedule comes into

force on the day the Reducing Gridlock, Saving You Time

Act, 2024 receives Royal Assent.

Short

title

19 The

short title of the Act set out in this

Schedule is the Highway 413 Act, 2024 .

SCHEDULE 4

HIGHWAY TRAFFIC ACT

Section 1.2 of the Highway Traffic Act is amended

by adding the following clause:

(b.1) providing

for and governing a reduction, refund or exemption from any fee specified in

this Act;

The Act is amended by adding the following section:

Specific

fees

5.0.1 The following fees are

payable:

1. For

each six-month period or part thereof during which a driver’s licence is valid,

the holder of the driver’s licence shall pay a fee of $7.50.

2. For

an on-road examination for a Class A, B, C, D, E or F driver’s licence, a fee

of $99.

3. For

a level 1 on-road examination of the holder of a Class G1 or M1 driver’s

licence, a fee of $53.75.

4. For

a level 2 on-road examination of the holder of a Class G2 or M2 driver’s

licence, a fee of $91.25.

5. For

a Class A, B, C, D, E or F driver’s knowledge test, a fee of $23.75.

6. For

a driver’s knowledge test other than a test described in paragraph 5, a fee of

$16.

The heading to

Part XII of the Act is repealed and the following substituted:

PART XII

MUNICIPAL BY-LAWS AND BICYCLE LANES

Part XII of the Act is amended by adding the

following section:

Ministry approval for bicycle lanes required

195.2

(1) In the circumstances described in subsection

(2), a municipality shall not construct, install or mark a bicycle lane on a

highway or part of a highway under its jurisdiction and control unless the

design for the bicycle lane has been approved by the Ministry and, in

considering whether to give such approval, the Ministry may require information

from the municipality including traffic information relating to the design for

the bicycle lane and the highway.

Application

(2) Subsection (1) applies where,

(

a) the design for the bicycle lane would reduce

the number of marked lanes available for travel by motor vehicle traffic along

any portion of or on either side of the highway where the bicycle lane is to be

located; and

(

b) the municipality is prescribed by regulation

for the purposes of subsection (1).

Same, transition

(3) Subsection (1) does not apply if, on

the day

section 4 of

Schedule 4 to the Reducing Gridlock,

Saving You Time Act, 2024 comes into force, a contract has already been

awarded or entered into for the procurement of construction, installation or

marking services for the bicycle lane or, if the construction, installation or

marking of the bicycle lane is to be done by the municipality and not by any

party under contract, such work has already commenced.

Consideration of traffic flow

(4) When considering whether to approve

the design for the

construction of a bicycle lane , the Ministry

may consider whether it would unduly diminish the orderly movement of motor

vehicle traffic.

Ministry may review existing bicycle lanes

(5) In the circumstances described in

subsection (6), the Ministry may require a municipality to provide traffic

information relating to an existing bicycle lane on a highway under its

jurisdiction and control, and the municipality shall comply with the request.

Application

(6) Subsection (5) applies where,

(

a) the addition of the bicycle lane reduced the

number of marked lanes for travel by motor vehicle traffic along any portion of

or on either side of the highway where the bicycle lane is located; and

(

b) the municipality is prescribed by regulation

for the purpose of subsection (5).

Regulations

(7) The Minister may make regulations,

(

a) prescribing municipalities for the purposes

of subsections (1) and (5);

(

b) governing the information that may be

required by the Ministry under subsections (1) and (5);

(

c) exempting any highway or class of highway

from this

section or any provision of it, or providing that this

section or any

provision of it does not apply to any highway or class of highway;

(

d) providing for anything necessary or

advisable for carrying out the intent and purposes of this section.

Definition

(8) In this section,

“bicycle lane” includes any portion of a highway,

the use of which is wholly or partially restricted or dedicated to bicycles.

4 The Act is amended by adding the following Part:

PART XII.1

BICYCLE LANES

Definitions

195.2 In this Part,

“adjacent infrastructure” includes sidewalks,

planters, curbs and traffic calming features; (“infrastructure adjacente”)

“bicycle lane” includes any portion of a highway,

the use of which is wholly or partially restricted or dedicated to bicycles;

(“voie cyclable”)

“bicycle traffic control signal” has the same

meaning as in

section 133; (“signalisation de la circulation pour bicyclettes”)

“related

features” includes bollards, bicycle traffic control signals and painted

roadway markings. (“éléments connexes”)

Minister

approval for bicycle lanes required

195.3

(1) In

the circumstances described in subsection (2), a prescribed municipality does

not have the power to construct, install or mark a bicycle lane on a highway or

part of a highway under its jurisdiction and control unless the design for the

bicycle lane has been approved by the Minister and, in considering whether to

give such approval, the Minister may require information from the municipality

including traffic information relating to the design for the bicycle lane and

the highway.

Application

(2) Subsection (1) applies if the design

for the bicycle lane would reduce the number of marked lanes available for

travel by motor vehicle traffic along any portion of or on either side of the

highway where the bicycle lane is to be located.

Same,

transition

(3) Subsection (1) does not apply to a

municipality in respect of a bicycle lane if, on the day the municipality is

prescribed for the purposes of subsection (1), a contract has already been

awarded or entered into for the construction, installation or marking of the

bicycle lane or, if the construction, installation or marking of the bicycle

lane is to be done by the municipality and not by any party under contract,

such work has already commenced.

Consideration

of bicycle lane

(4) In considering whether to approve

the design for a bicycle

lane , the Minister

may consider whether the lane would unduly diminish the orderly movement of

motor vehicle traffic.

Review of

bicycle lanes

Municipality

to provide information

195.4

(1) In

the circumstances described in subsection (2), the Minister may require a

prescribed municipality to provide traffic information relating to an existing

bicycle lane on a highway under its jurisdiction and control, including a

bicycle lane referred to in

section 195.6, and the municipality shall comply

with the request.

Application

(2) Subsection (1) applies if the

addition of the bicycle lane reduced the number of marked lanes available for

travel by motor vehicle traffic along any portion of or on either side of the

highway where the bicycle lane is located.

Review of

bicycle lane

(3) If any factors are prescribed for

the purposes of this section, the Minister shall consider the factors in

reviewing the traffic information relating to a bicycle lane that is provided

under subsection (1).

Direction to

remove lane

195.5

(1) After

reviewing the information provided under subsection 195.4 (1), the Minister may

inform the Lieutenant Governor in Council of the results of the review and the

Lieutenant Governor in Council may issue an order directing the Minister to

remove the bicycle lane or part of the lane and any related features or

adjacent infrastructure and,

(

a) restore

the lane or part of the lane for use by motor vehicle traffic; or

(

b) reconfigure

the lane or part of the lane and any related features or adjacent

infrastructure for use by motor vehicle traffic.

Amendment or

revocation of order

(2) The Lieutenant Governor in Council

may, by order, amend or revoke an order issued under subsection (1).

Effect of any

Act, regulation, etc.

(3) The Lieutenant Governor in Council

may issue an order under this

section despite any Act, regulation, by-law,

order, permit, approval or licence.

Order not

regulation

(4) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order issued under this

section.

Existing lanes

in the City of Toronto, direction to remove

195.6 Subject

to any prescribed exemptions or modifications, the Minister shall remove the bicycle lanes

located on Bloor Street, University Avenue and Yonge Street, in the City of

Toronto, and any related features, and restore the lanes for use by motor

vehicle traffic.

Removal of

lanes

Minister

authority

195.7

(1) If

the Minister is subject to an order issued under

section 195.5, the Minister or

a person acting on behalf of the Minister is authorized to do anything required

to carry out the order.

Same, City of

Toronto

(2) The Minister or a person acting on

behalf of the Minister is authorized to do anything required to carry out the

Minister’s duties under

section 195.6.

Removing and

restricting common law right of passage

(3) For greater clarity, subsections

(1) and (2) authorize the Minister or a person acting on behalf of the Minister to

close that part of a highway affected by an order issued under

section 195.5 or

section 195.6 and to remove or restrict the common law right of passage by

the public over that part of the highway and the common law right of access to

that part of the highway by an owner of land abutting a highway.

Minister

powers

(4) No Act, regulation, by-law, order,

permit, approval or licence bars the Minister or a person acting on behalf of

the Minister from carrying out an order issued under

section 195.5 or the

Minister’s duties under

section 195.6.

Powers re

entry, etc.

(5) For the purpose of carrying out an

order issued under

section 195.5 or the Minister’s duties under

section 195.6,

the Minister or a person acting on behalf of the Minister may,

(

a) enter any

place, other than a place being used as a dwelling; and

(

b) construct structures and use machinery,

structures, materials and equipment therein or thereon.

Municipality

required to provide support or information

195.8

(1) If,

pursuant to an order issued under

section 195.5 or to

section 195.6, the

Minister is required to do anything described in those sections, the affected

municipality shall provide any support or information requested by the Minister

to facilitate carrying out the order or the Minister’s duties, including,

(

a) managing traffic, public transit or

emergency services;

(

b) providing technical information, health and

safety information, standards, public consultation information, planning and

design documents, surveys or engineering and utility location drawings; and

(

c) providing information related to signs,

markings, traffic control signal systems and lighting, including assistance

with their removal or relocation.

Time period

(2) If the Minister requests support or information from a municipality under subsection

(1), the municipality shall provide such support or information by the date and

for the time period specified by the Minister.

Municipal

by-laws

(3) If a bicycle lane is removed or

reconfigured pursuant to an order issued under

section 195.5 or to

section

195.6, any municipal by-law or part of a municipal by-law passed by the council

of a municipality designating that part of the highway as a bicycle lane is

inoperative.

Reimbursement

195.9

(1) If

the Minister requested support or information from a municipality under

subsection 195.8 (1) and the municipality provided such support or information

by the date and for the time period specified by the Minister, the Minister may

reimburse the municipality for the reasonable costs it incurred in doing so in

accordance with this section.

reimbursement or compensation

(2) For greater certainty, the Minister

is not required to reimburse or compensate the municipality for any costs other

than those described in

subsection (1), including costs the municipality incurred to install the

bicycle lanes.

Notice to

municipality

(3) If the Minister requested support or

information from a municipality under subsection 195.8 (1), the Minister shall,

within 60 days after the request has been satisfied, give notice to the

municipality stating that it may file a claim for reimbursement with the

Ministry within six months after the date of the notice.

Particulars

(4) As part of claim described in

subsection (3), the municipality shall provide the Minister with a true

statement showing the particulars of the costs it reasonably incurred to carry

out the request made under subsection 195.8 (1) by the date and for the time

period specified by the Minister.

reimbursement

(5) There is no obligation to reimburse

the municipality for any costs if notice has been given under subsection

(3) and a claim for reimbursement is not made within six months after the date of

the notice.

Determination

(6) The Minister shall review a claim

for reimbursement and if the Minister determines that the costs were reasonably

incurred by the municipality to carry out the request by the date and for the

time period specified by the Minister, the Minister shall reimburse the

municipality for those costs.

No cause of

action against Crown, etc.

195.10

(1) No

cause of action arises against the Crown, any current or former member of the

Executive Council or any current or former employee, officer or agent of or

advisor to the Crown as a direct or indirect result of,

(

a) the enactment, amendment or repeal of this

Part;

(

b) the issuance, amendment or revocation of an

approval under

section 195.3 or the refusal to issue or amend such an approval;

(

c) the issuance of an order under

section

195.5 or its amendment or revocation;

(

d) anything done under this

Part including in

relation to,

(

i) the removal of a bicycle lane or

part of a lane and any related features or adjacent infrastructure,

(ii) the restoration of a bicycle lane

or part of a lane for use by motor vehicle traffic,

(iii) the reconfiguration of a bicycle

lane or part of a lane and any related features or adjacent infrastructure for

use by motor vehicle traffic; or

(

e) the making, amendment or revocation of a

regulation under

section 195.18.

Proceedings

barred

(2) No proceeding, including but not

limited to any proceeding for a remedy in contract, restitution, unjust

enrichment, tort, misfeasance, bad faith, trust or fiduciary obligation and any

remedy under any statute, that is directly or indirectly based on or related to

anything referred to in subsection (1), may be brought or maintained against

the Crown or any person referred to in that subsection.

Application

(3) Subsection (2) applies to any action

or other proceeding claiming any remedy or relief, including specific

performance, injunction, declaratory relief, any form of compensation or

damages or any other remedy or relief, and includes any arbitral,

administrative or court proceedings, but does not apply to an application for

judicial review.

Retrospective

effect

(4) Subsections (2) and (3) apply

regardless of whether the claim on which the proceeding is purportedly based

arose before, on or after the day the Reducing Gridlock, Saving You Time Act, 2024 received Royal Assent.

Proceedings

set aside

(5) No costs shall be awarded against

any person in respect of a proceeding referred to in subsection (2) or (3) that

was commenced before the day the Reducing Gridlock, Saving You Time Act, 2024 received Royal Assent.

Certain

proceedings not prevented

(6) This

section does not apply with

respect to proceedings brought by the Crown against any person.

Proceedings

barred, independent contractors

195.11

(1) Subject

to subsection (4), no cause of action arises and no proceeding may be brought

or maintained that is directly or indirectly based on or related to anything

referred to in subsection (2) against any person referred to in that subsection,

including but not limited to any proceeding for a remedy in contract,

restitution, unjust enrichment, tort, misfeasance, bad faith, trust or

fiduciary obligation and any remedy under any statute.

Same

(2) Subsection (1) applies in respect of

an independent contractor and any current or former employee, director or

officer of an independent contractor providing services to the Crown to assist

with work done under sections 195.5 to 195.7.

Application

(3) Subject to subsection (4),

subsection (2) applies to any action or other proceeding claiming any remedy or

relief, including specific performance, injunction, declaratory relief, any

form of compensation or damages or any other remedy or relief, and includes any

arbitral, administrative or court proceedings, but does not apply to an

application for judicial review.

Negligence

(4) Subsection (1) does not apply to a

claim of negligence in respect of

an act or omission of an independent

contractor in carrying out,

(

a) the removal of a bicycle lane or part of a

lane and any related features or adjacent infrastructure;

(

b) the restoration of a bicycle lane or part of

a lane for use by motor vehicle traffic; or

(

c) the reconfiguration of a bicycle lane or

part of a lane and any related features or adjacent infrastructure for use by

motor vehicle traffic.

Same

(5) For greater certainty, claims

arising from collisions between motor vehicles, cyclists or pedestrians after

the independent contractor carries out the things mentioned in subsection

(4) are not claims of negligence described in that subsection.

Certain

proceedings not prevented

(6) This

section does not apply with

respect to proceedings brought by the Crown against any person.

Protection

from personal liability, independent contractors

195.12

(1) No

cause of action arises and no proceeding may be brought or maintained against

any current or former employee, director or officer of an independent

contractor providing services to the Crown to assist with work done under

sections 195.5 to 195.7 for any act done in good faith in the execution or

intended execution of any duty or power under this Part or for any alleged neglect

or default in the execution in good faith of such a duty or power.

Same

(2) Subsection (1) does not relieve an

independent contractor providing services to the Crown to assist with work done

under sections 195.5 to 195.7 of any liability to which it would otherwise be

subject to in respect of

an act or omission of a person mentioned in that

subsection.

Protection

from liability, municipalities

195.13

(1) No

cause of action arises and no proceeding may be brought or maintained against a

municipality, current or former employee of a municipality or member of council

for any act done in good faith in the execution or intended execution of any

duty under subsection 195.8 (1) or for any alleged neglect or default in the

execution in good faith of such a duty.

Certain

proceedings not prevented

(2) This

section does not apply with

respect to proceedings brought by the Crown against any person.

reimbursement, compensation or damages

195.14 Except as

otherwise provided under

section 195.9 or subsection

195.11 (4) or 195.12 (2), no person is entitled to any reimbursement,

compensation or damages for any loss related to any actions taken under this

Part.

expropriation or injurious affection

195.15 Nothing

described in this Part or done pursuant to this

Part constitutes an

expropriation or injurious affection for the purposes of the Expropriations Act or otherwise

at law.

s .

195.16

Section 214

does not apply to a contravention of this Part or of a regulation made under

this Part.

Other Acts

M unicipal Act, 2001 and City of Toronto Act, 2006

195.17

(1) The

requirements of this Part apply despite sections 10 and 11 of the Municipal Act, 2001 and

section 8

of the City of

Toronto Act, 2006 .

Environmental

Assessment Act

(2) Any enterprise or activity or

proposal, plan or program in respect of an enterprise or activity that is

required by, done under or authorized under this

Part is exempt from the Environmental Assessment Act .

Environmental

Bill of Rights, 1993

(3) The requirements of

Part II of the Environmental Bill of Rights Act, 1993 are deemed not to have applied with respect to the

amendments made by

Schedule 4 of the Reducing Gridlock, Saving You Time Act , 2024 that added sections 195.4 to 195.18 of this Act.

Regulations

Minister

regulations

195.18

(1) The

Minister may make regulations,

(

a) prescribing municipalities for the purposes

of subsections 195.3 (1) and 195.4 (1);

(

b) governing the information that may be

required by the Minister under subsections 195.3 (1) and 195.4 (1);

(

c) exempting any highway or class of highway

from

section 195.3 or any provision of

section 195.3, or providing that

section

195.3 or any provision of it does not apply to any highway or class of highway.

Lieutenant Governor in Council regulations

(2) The Lieutenant Governor in Council

may make regulations,

(

a) governing the review of information

respecting bicycle lanes under

section 195.4 including prescribing factors

applicable to the review;

(

b) exempting parts of bicycle lanes for the

purposes of

section 195.6;

(

c) modifying the requirement to remove bicycle

lanes described in

section 195.6, including requiring the Minister to

reconfigure a bicycle lane or part of a lane and any related features or

adjacent infrastructure for use by motor vehicle traffic;

(

d) providing for anything necessary or

advisable for carrying out the intent and purposes of this Part.

Repeal

Section 3 of

Schedule 2 to the Get It Done Act, 2024

is repealed.

Commencement

(1) Except as otherwise provided in

this section, this

Schedule comes into force on the day the Reducing Gridlock, Saving You Time Act, 2024 receives

Royal Assent.

(2) Sections 1 to 4 come into force on a

day to be named by proclamation of the Lieutenant Governor.

Commencement

(1) Except

as otherwise provided in this section, this

Schedule comes into force on the

day the Reducing Gridlock, Saving You Time Act, 2024 receives Royal Assent.

(2) Sections

1 and 2 come into force on a day to be named by proclamation of the Lieutenant

Governor.

SCHEDULE 5

TOWING AND STORAGE SAFETY AND ENFORCEMENT ACT, 2021

The Towing and Storage Safety and Enforcement Act, 2021

is amended by adding the following

section immediately after the heading

“Restricted Towing Zones”:

Definitions

39.1 In sections 40 to 43.1,

“roadside

assistance services” means services provided for the purpose of repairing or

rendering operable a motor vehicle that is disabled or inoperable on a highway;

(“services d’assistance routière”)

“roadside assistance vehicle” means a vehicle

that is used by a person who offers or provides roadside assistance services;

(“véhicule d’assistance routière”)

“towing

services” includes roadside assistance services. (“services de remorquage”)

(1) Subsection 41 (2) of the Act is repealed.

(2) Subsections

41 (3) and (4) of the Act are repealed and the following substituted:

Prohibition

(3) If

any tow certificate holders are authorized to provide towing services in a

restricted towing zone, no unauthorized tow operators shall provide or offer to

provide towing services in that zone.

More

than one certificate holder

(3.1) If

more than one tow certificate holder is authorized to provide towing services

in a restricted towing zone, the tow certificate holders shall provide only

such services as specified by the Ministry.

Exception

(4) Subsections

(3) and (3.1) do not apply to a person acting under the direction of a police

officer or the Ministry.

Sections 42 and 43 of the Act, as re-enacted by

section 23 of

Schedule 36 to

the Less Red Tape, Stronger Economy Act, 2023 , are

amended by adding “or roadside assistance vehicle” after “tow truck” wherever

it appears.

The Act is amended by adding the following section:

Regulations

43.1 The Minister may make

regulations for the purposes of sections 39.1 to 43,

(

a) designating

restricted towing zones;

(

b) governing

the erection of signs and the placing of markings to indicate a restricted

towing zone and governing such signs and markings;

(

c) providing

for exemptions from any provisions of sections 39.1 to 43, or that any such

provisions do not apply, and prescribing circumstances and conditions for any

such exemption or non-application.

(1) Clause 64 (1) (

n) of the Act is repealed.

(2) Clause

64 (1) (

u) of the Act is amended by adding “subject to subsection (4.1)” at the

beginning.

(3) Section

64 of the Act is amended by adding the following subsection:

Same,

exception

(4.1) The

power to make regulations under clause (1) (

u) does not include the power to

make regulations described in clause 43.1 (c).

Commencement

This

Schedule comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Bill 212 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 212 and does not form part of the law.

Bill 212 has been enacted as

Chapter 25 of the Statutes of Ontario, 2024.

SCHEDULE 1

BUILDING BROADBAND FASTER ACT, 2021

The

Schedule amends subsection 26 (6) of the Building

Broadband Faster Act, 2021 to provide that an expropriation made under

section 10 of the Ministry of Infrastructure Act, 2011

in respect of a designated broadband project constitutes an expropriation.

Section 26.1 is added to exclude the application of certain provisions of the Expropriations Act to an expropriation made in respect

of a designated broadband project.

Section

26.2 is added to the Act to enable the Minister to assign easements

expropriated in respect of a designated broadband project to specified persons

or entities in order to further the purpose of the Act. An assignee is required

to reimburse the Crown for costs incurred by the Crown relating to the

expropriation of the assigned easement.

The

Schedule also amends subsection 9 (6) of the Ministry of

Infrastructure Act, 2011 to provide that a disposition made under

section 26.2 of the Building Broadband Faster Act, 2021

is not subject to the approval of the Lieutenant Governor in Council.

SCHEDULE 2

BUILDING HIGHWAYS FASTER ACT, 2024

The

Schedule enacts the Building Highways Faster Act, 2024 .

The purpose of the Act is to expedite the construction of priority highway

projects, which, as defined in the Act, are the Highway 413 Project, the

Bradford Bypass Project, the Garden City Skyway Bridge Twinning Project and any

other projects that are prescribed by regulation.

provision prohibits registered owners from applying under the Expropriations Act for the adjustment of the date of

possession for land that was expropriated by the Minister for the purposes of a

priority highway project.

The

Act provides that a utility company may be required to take up, remove or

change the location of utility infrastructure if, in the opinion of the

Minister, it is for the purposes of a priority highway project. Notice to the

utility company is required for such work and the utility company is permitted

to make submissions respecting any difficulties with completing the work. If

the utility company fails to do the work the Minister may cause it to be done.

The Act addresses compensation for such work, whether it is done by the utility

company or by the Minister.

The

Act requires any person who owns or operates infrastructure that may be

affected by a priority highway project to provide to the Minister the requested

information. Provisions are included respecting the disclosure of such

information.

Site

inspections may be carried out under the Act to support the planning, design or

construction of a priority highway project. The Act addresses the manner in

which such inspections shall be carried out, including the provision of advance

notice, and when a property owner may be compensated for damage resulting from

a site inspection. The Act provides for various offences relating to site

inspections and taking possession of land.

The

Act provides that, in certain circumstances, a justice of the peace may issue

an order authorizing a person to enter property to do certain things relating

to a site inspection or to take possession of certain land for the purposes of

a priority highway project. The Act includes provisions respecting how such

orders may be carried out and the expiry or renewal of orders.

provision states that if a priority highway project is designated by a

regulation made under the Act, certain restrictions imposed by municipal by-law

are inoperative to the extent that it would prevent or restrict the delivery of

goods or services to the priority highway project. The Act also includes

various other provisions relating to the provision of documents, the preclusion

of certain causes of action and regulation-making powers.

SCHEDULE 3

HIGHWAY 413 ACT, 2024

The

Schedule enacts the Highway 413 Act, 2024 .

Section

2 of the Act provides an exemption from the Environmental

Assessment Act for enterprises, activities, proposals, plans and

programs for or related to Highway 413, including the Highway 413 Project and

the Highway 413 early works projects.

Section 3 prohibits a person from

carrying out the Highway 413 Project except in accordance with the final

environmental impact assessment report and any addenda to it, prepared as part

of the environmental impact assessment process that applies to the Highway 413

Project under this Act. Sections 4 to 9 set out that process, including

requirements for an Indigenous consultation plan and its implementation, as

well as opportunities for persons to comment on the draft environmental impact

assessment report and any draft addendum to the report. The Minister is

required to publish draft and final environmental impact assessment reports and

any final addendum under the Act.

SCHEDULE 4

HIGHWAY TRAFFIC ACT

Part

XII.1 is added to the Highway Traffic Act respecting

bicycle lanes. Under the new Part,

(

a) municipalities

are required, in certain circumstances, to obtain the Minister’s approval

before constructing bicycle lanes or to provide the Minister with information

relating to existing bicycle lanes;

(

b) the

Minister is required to remove specific bicycle lanes in the City of Toronto;

and

(

c) the

Lieutenant Governor in Council may order the removal of other bicycle lanes in

certain circumstances.

Other

provisions address various matters relating to the removal of bicycle lanes,

including the powers of the Minister or a person acting on the Minister’s

behalf in removing such lanes, municipalities’ obligation to provide to support

or information, the reimbursement of municipalities for certain costs, and the

immunity from liability of the Crown, municipalities and other persons.

The

Act is also amended to set out fees for driver’s licences and certain driver

examinations and tests.

SCHEDULE 5

TOWING AND STORAGE SAFETY AND ENFORCEMENT ACT, 2021

The

Towing and Storage Safety and Enforcement Act, 2021

is amended to provide that the sections relating to restricted towing zones

also apply to “roadside assistance vehicles” and “roadside assistance

services”. The

Schedule also transfers certain regulation-making powers

relating to restricted towing zones to the Minister from the Lieutenant

Governor in Council.

Bill 212 2024

Act to enact two Acts and amend various Acts with respect to highways,

broadband-related expropriation and other transportation-related matters

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Building

Broadband Faster Act, 2021

Schedule 2

Building

Highways Faster Act, 2024

Schedule 3

Highway

413 Act, 2024

Schedule 4

Highway

Traffic Act

Schedule 5

Towing

and Storage Safety and Enforcement Act, 2021

Preamble

The Government of Ontario:

Recognizes

the need to build priority highways faster as our province grows in order to

get people and goods out of gridlock and save drivers and businesses time and

money.

Recognizes

that accidents and lane closures can worsen traffic congestion and impact the

quality of life of Ontarians.

speeding up the delivery of broadband projects that will connect people in all

parts of Ontario, including rural areas, with reliable internet access.

building Highway 413, recognizing the importance of this highway to millions of

drivers from across Ontario.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Reducing Gridlock, Saving You Time Act, 2024 .

SCHEDULE 1

BUILDING BROADBAND FASTER ACT, 2021

Subsection 26 (6) of the Building Broadband Faster Act,

2021 is amended by adding “Other than an expropriation made under

section 10 of the Ministry of Infrastructure Act, 2011

in respect of a designated broadband project” at the beginning.

(1) The Act is amended by adding the following sections:

Expropriations,

no hearings of necessity

26.1 (1) Subsections

6 (2) to (5),

section 7 and subsections 8 (1) and (2) of the Expropriations Act do not apply to an expropriation of

land, within the meaning of that Act, if the expropriation is made under

section 10 of the Ministry of Infrastructure Act, 2011

in respect of a designated broadband project.

Conflict

(2) Subsection

(1) applies despite subsection 2 (4) of the Expropriations

Act .

Process

for comments

(3) The

Minister may, by direction, establish a process for receiving comments from

property owners about a proposed expropriation and for considering those

comments.

Non-application

of the Legislation Act, 2006

Part III

(4) Part

III of the Legislation Act, 2006 does not apply to

a direction made under subsection (3).

Statutory

Powers Procedure Act

(5) The

Statutory Powers Procedure Act does not apply to a

process for receiving and considering comments about a proposed expropriation

established under subsection (3).

Assignment

of expropriated easements

26.2

(1) The

Minister may assign any easement expropriated under

section 10 of the Ministry of Infrastructure Act, 2011 in respect of a

designated broadband project to,

(

a) a

distributor;

(

b) a

proponent;

(

c) a

telecommunications service provider, within the meaning of the Telecommunications Act (Canada); or

(

d) any

other entity, if the assignment is necessary to further the purpose of this

Act.

Same,

Minister’s designate

(2) If

the Minister’s authority under

section 10 of the Ministry

of Infrastructure Act, 2011 has been delegated under subsection 19

(2) of that Act to a Crown agency, the Crown agency may assign an easement

described in subsection (1) of this

section in accordance with that subsection.

Registration

(3) An

easement assigned under subsection (1) or (2) shall be registered against the

real property affected in the appropriate land registry office.

Validity

(4) An

easement including any covenant contained in the easement is valid whether or

not the assignee owns appurtenant land or land capable of being accommodated or

benefited by the easement or covenant and regardless of whether the easement or

covenant is positive or negative in nature.

Reimbursement

of expropriation costs incurred by the Crown

(5) An

assignee shall reimburse the Crown for costs incurred by the Crown relating to

the expropriation.

Prescribed

costs

(6) The

costs referred to in subsection (5) shall be determined by the Minister and

shall include, but are not limited to, such costs as may be prescribed by

regulation.

Payment

of reimbursement

(7) An

assignee shall make the reimbursement by making one or more payments in such

amount or amounts at such time or times as may be determined by the Minister.

(2) Subsection

26.1 (1) of the Act, as enacted by subsection (1), is amended by striking out

“section 7 and subsections 8 (1) and (2)” and substituting “section 7,

subsections 8 (1) and (2) and

section 8.1”.

Ministry

of Infrastructure Act, 2011

Subsection 9 (6) of the Ministry of Infrastructure Act,

2011 is amended by striking out “or” at the end of clause (c), by adding

“or” at the end of clause (

d) and by adding the following clause:

(

e) a

disposition made under

section 26.2 of the Building

Broadband Faster Act, 2021 .

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Reducing Gridlock, Saving

You Time Act, 2024 receives Royal Assent.

(2) Subsection

2 (2) comes into force on the later of the day

section 2 of

Schedule 5 to the Accelerating Access to Justice Act, 2021 comes into force

and the day the Reducing Gridlock, Saving You Time Act,

2024 receives Royal Assent.

SCHEDULE 2

BUILDING HIGHWAYS FASTER ACT, 2024

CONTENTS

Purpose and

Interpretation

Purpose

Interpretation

Expropriations

adjustment of date of possession

Utilities and Other

Infrastructure

Notice

to take up, remove or change location of utility infrastructure

Minister

may cause work to be done

Compensation

by Minister

Compensation

by company

Supplying

information re infrastructure

Site Inspections

Site

inspection

Manner

of carrying out site inspection

Compensation

Offence

Order

for entry or possession

Designation of Priority Highway

Projects

Delivery

of goods and services to facilitate 24 hour construction

Miscellaneous

Providing

a document

expropriation, injurious affection

personal liability

Regulations,

Lieutenant Governor in Council

Regulations,

Minister

Commencement and

Short Title

Commencement

Short

title

Purpose and

Interpretation

Purpose

1 The purpose of this Act

is to expedite the construction of priority highway projects by streamlining

and supplementing existing processes in order to alleviate delays to the timely

completion of such highway projects.

Interpretation

2 In this Act,

“actual costs”, in respect of the costs of work

carried out by a utility company to comply with a notice issued under

section

4, means all costs properly attributed to the work, including,

(

a) the actual wages paid to all workers up to

and including the supervisors for their time actually spent on the work and in

travelling to and from the work, and the cost of food, lodging and

transportation for such workers where necessary for the proper carrying out of

the work,

(

b) the cost to the utility company of

contributions related to such wages in respect of workplace safety and

insurance premiums, vacation pay, employment insurance, pension or insurance

benefits and other similar benefits,

(

c) the cost of using and transporting

equipment and explosives used in the work,

(

d) the cost of planning, designing and

engineering,

(

e) the cost of materials,

(

f) the cost of acquiring necessary permits,

approvals and property rights, and

(

g) related administrative costs such as for

project management; (“coût réel”)

“Bradford Bypass Project” means the project to

construct a highway connecting Highway 400 in the Town of Bradford West

Gwillimbury (County of Simcoe) to Highway 404 in the Town of East Gwillimbury

(Regional Municipality of York), located north of and parallel to Simcoe County

Road 88 in the Town of Bradford West Gwillimbury and Queensville Sideroad (York

Road 77) in East Gwillimbury, with the route traversing a small segment of the

Township of King in York Region and any related activities; (“projet de voie de

contournement de Bradford”)

“business day” means a day from Monday to Friday,

other than a holiday as defined in

section 87 of the Legislation

Act, 2006 ; (“jour ouvrable”)

“Garden City Skyway Bridge Twinning Project”

means the project to construct a second Garden City Skyway bridge along the

Queen Elizabeth Way and across the Welland Canal connecting the City of St.

Catharines to the Town of Niagara-on-the-Lake and any related activities; (“projet de jumelage de

ponts du Garden City Skyway”)

“highway” has the same meaning as in the Public

Transportation and Highway Improvement Act ; (“voie publique”)

“Highway

413 Project” means the project to do the following, and any related activities:

1. Construct

a highway that connects Highway 400 in the Regional Municipality of York to

Highway 401 and Highway 407 in the Regional Municipality of Halton and the

Regional Municipality of Peel and includes related facilities and structures such as

parking facilities, stormwater management ponds, commercial vehicle inspection

facilities and maintenance yards .

2. Construct

extensions of Highway 410 and Highway 427 to connect them to Highway 413; (“projet

d’autoroute 413”)

“information concerning

infrastructure” includes,

(

a) records of the infrastructure and

associated rights of way,

(

b) records of communications and agreements

related to the infrastructure,

(

c) information related to the location for

the infrastructure, and

(

d) any other information the Minister

considers necessary for the purposes of this Act; (“renseignements concernant

l’infrastructure”)

“institution”

has the same meaning as in the Freedom of Information and

Protection of Privacy Act ; (“institution”)

“land” includes any estate, term, easement, right

or interest in, to, over or affecting land; (“bien-fonds”)

“Minister”

means the Minister of Transportation or any other member of the Executive

Council to whom responsibility for the administration of this Act is assigned

or transferred under the Executive Council Act ;

(“ministre”)

“Ministry”

means the ministry of the Minister; (“ministère”)

“prescribed”

means prescribed by a regulation made under this Act; (“prescrit”)

“priority

highway project” means,

(

a) the

Highway 413 Project,

(

b) the

Bradford Bypass Project,

(

c) the

Garden City Skyway Twinning Project, or

(

d) any

other prescribed highway project; (“chantier routier prioritaire”)

“property

owner” includes a mortgagee, lessee, tenant, occupant, person entitled to a

limited estate or interest, and a guardian, executor, administrator or trustee

in whom land or any interest therein is vested; (“propriétaire du bien”)

“registered

owner” has the same meaning as in the Expropriations Act ;

(“propriétaire enregistré”)

“regulation”

means a regulation made under this Act; (“règlement”)

“related

activities”, in respect of priority highway projects, includes activities to

change existing infrastructure such as sewage works, rail lines, highways,

municipal and private roads and utility infrastructure; (“activités connexes”)

“utility

company” means a municipal corporation or commission or a company or individual

operating or using communications services, water services or sewage services,

or transmitting, distributing or supplying any substance or form of energy for

light, heat or power; (“entreprise