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Bill 222, Ontario Rebuilding and Recovery Act, 2020

Mulroney, Hon. Caroline Minister of Transportation

Royal Assent received. Statutes of Ontario 2020,

chapter 35

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Status

Debates

Acts affected

Royal Assent

Original

Bill 222 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader’s aid to Bill 222 and does not form part of the law.

Bill 222 has been enacted as

Chapter 35 of the Statutes of Ontario, 2020.

Schedule

Building Transit Faster Act, 2020

The

Building Transit Faster Act, 2020 is amended to

allow other provincial transit projects to be prescribed for the purpose of the

definition of “priority transit project” and to make consequential amendments.

Schedule

Public Service Works on Highways Act

The

Public Service Works on Highways Act is amended to

provide that if a utility company fails to comply with certain notices or

orders under the Act, a judge of the Superior Court of Justice may order the

utility company to comply with the order or authorize a road authority to carry

out the work described in the notice.

Schedule

Transit-Oriented Communities Act, 2020

The

Schedule amends the Transit-Oriented Communities Act, 2020

to permit other provincial transit projects to be prescribed by regulation as

“priority transit projects”.

new

section gives powers to the Minister for the purpose of investing assets

in, supporting or developing transit-oriented community projects related to

provincial priority transit projects. The Minister may delegate these powers to

Metrolinx or another prescribed public body. The

Schedule also adds related

regulation-making powers and makes a consequential amendment to the Ministry of Infrastructure Act, 2011 .

Bill 222 2020

Act to amend various Acts in respect of transportation-related matters

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Building

Transit Faster Act, 2020

Schedule 2

Public

Service Works on Highways Act

Schedule 3

Transit-Oriented

Communities Act, 2020

Her

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) Subject to subsections (2) and (3), 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 Ontario Rebuilding and Recovery Act, 2020 .

Schedule 1

Building Transit Faster Act, 2020

Section 1 of the Act is repealed and the following substituted:

Purpose

The

purpose of the Act is to expedite the delivery of transit projects of

provincial significance by removing barriers and streamlining processes that

may result in delays to the timely completion of these transit projects, while

enhancing coordination and engagement with and being fair to public and private

sector stakeholders.

(1) The definition of “priority transit project” in

section 2 of the

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

the end of clause (

d) and adding the following clause:

(

e) any

other prescribed provincial transit project.

(2) The French version of the

definition of “utility infrastructure” in

section 2 of the Act is amended by

striking out “au-dessus” after “publics”.

The French version of clause 42 (5) (

a) of the Act is amended by striking out

“moment” and substituting “montant”.

The

French version of subclause 62 (3) (b) (

i) of the Act is amended by adding “ou de la

Loi sur l’enregistrement des actes ” after “

Loi sur l’enregistrement des droits immobiliers ”.

Subsection 84 (1) of the Act is amended by adding the following clause:

(0.

a) prescribing

provincial transit projects for the purpose of the definition of “priority

transit project”;

Commencement

This

Schedule comes into force on the day the Ontario

Rebuilding and Recovery Act, 2020 receives Royal Assent.

Schedule 2

Public Service Works on Highways Act

The Public Service Works on Highways Act is amended

by adding the following section:

Court

order

If a

utility company fails to comply with a notice under subsection 2 (1) or an

order under subsection 2 (4), a judge of the Superior Court of Justice may, on

an application made by the road authority,

(

a) order

the utility company to comply; or

(

b) authorize

the road authority to carry out the work described in the notice.

Commencement

This

Schedule comes into force on the day the Ontario

Rebuilding and Recovery Act, 2020 receives Royal Assent.

Schedule 3

TRANSIT-ORIENTED Communities Act, 2020

(1) The definition of “priority transit project” in

section 1 of the

Transit-Oriented Communities Act, 2020 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) any

other provincial transit project prescribed by the regulations;

(2) The

definition of “transit-oriented community project” in

section 1 of the Act is

repealed and the following substituted:

“transit-oriented

community project” means a development project of any nature or kind and for

any usage in connection with the construction or operation of a station that is

part of a priority transit project, and includes a development project located

on transit corridor land within the meaning of the Building

Transit Faster Act, 2020 . (“projet communautaire axé sur le transport en

commun”)

Sections 4 and 5 of the Act are repealed and the following substituted:

Investing

in a transit-oriented community project

(1) The

Minister may, subject to the approval of the Lieutenant Governor in Council, establish,

acquire, manage, participate in or otherwise deal with corporations,

partnerships, joint ventures or other entities for the purpose of investing

assets in, supporting or developing transit-oriented community projects related

to provincial transit projects prescribed by the regulations for the purposes

of the definition of “priority transit project”.

Borrowing

and risk management

(2) When

acting under subsection (1), the Minister may borrow or manage financial risks

as long as,

(

a) the

Minister of Finance has, in writing, approved the borrowing or management; and

(

b) the

Ontario Financing Authority co-ordinates and arranges the borrowing or

management, unless otherwise agreed to in writing by the Minister of Finance.

Investment

policy

(3) The

Minister shall ensure that every entity referred to in subsection (1) invests

any funds that it receives either directly or indirectly from the Minister in

accordance with an investment policy that has been approved in writing by the

Minister of Finance.

Delegation

to Metrolinx

(4) The

Minister may, by regulation, delegate the Minister’s powers under subsection

(1) in whole or in part to any of the following entities, subject to any

conditions and restrictions set out in the regulation:

1. Metrolinx.

2. A

public body, within the meaning of the Public Service of

Ontario Act, 2006 , that is prescribed for the purpose of this

section by

the Lieutenant Governor in Council.

Regulations

(1) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

provincial transit projects for the purpose of the definition of “priority

transit project”;

(

b) prescribing

and governing any additional powers that the Minister may require in order to

carry out the activities set out in subsection 4 (1);

(

c) prescribing

and governing any limitations to permitted activities for the purposes of

subsection 4 (1);

(

d) prescribing

provisions of the Corporations Act , Business Corporations Act and Corporations

Information Act that apply or do not apply to any particular corporation

referred to in subsection 4 (1) and, in the case of provisions prescribed as

applying, prescribing such modifications of those provisions as the Lieutenant

Governor in Council considers necessary or advisable;

(

e) providing

that an entity referred to in subsection 4 (1) is or is not a Crown agent;

(

f) prescribing

and respecting the governance structure, purposes, powers or duties for a

partnership, joint venture or other entity referred to in subsection 4 (1) that

is not a corporation;

(

g) prescribing

public bodies for the purpose of paragraph 2 of subsection 4 (4) and governing

and providing for other matters relating to the prescribing of public bodies

for the purpose of that provision;

(

h) respecting

any other matter that the Lieutenant Governor in Council considers necessary or

advisable for the purposes of

section 4, including to ensure that an entity

referred to in subsection 4 (1) may effectively carry out its purposes, powers

and duties.

Same

(2) The

Minister may make regulations delegating the Minister’s powers for the purpose

of subsection 4 (4), and prescribing conditions and restrictions that apply to

the delegation.

Ministry

of Infrastructure Act, 2011

Subsection 7.1 (5) of the Ministry of Infrastructure Act,

2011 is repealed and the following substituted:

Definitions

(5) In

this section,

“priority

transit project” means,

(

a) the

line known as the Ontario Line located in the City of Toronto,

(

b) the

subway extension known as the Scarborough Subway Extension, and also known as

the Line 2 East Extension, located in the City of Toronto,

(

c) the

subway extension known as the Yonge Subway Extension, and also known as the

Yonge North Subway Extension, extending from within the City of Toronto to

within the Regional Municipality of York, or

(

d) the

light rail transit extension known as the Eglinton Crosstown West Extension

extending westward from within the City of Toronto at the station known as

Mount Dennis; (“projet de transport en commun prioritaire”)

“transit-oriented

community project” means a development project of any nature or kind and for

any usage in connection with the construction or operation of a station that is

part of a priority transit project, and includes a development project located

on transit corridor land within the meaning of the Building

Transit Faster Act, 2020 . (“projet communautaire axé sur le transport en

commun”)

Commencement

This

Schedule comes into force on the day the Ontario

Rebuilding and Recovery Act, 2020 receives Royal Assent.

Bill 222 Original (PDF)

EXPLANATORY

NOTE

Schedule

Building Transit Faster Act, 2020

The

Building Transit Faster Act, 2020 is amended to

allow other provincial transit projects to be prescribed for the purpose of the

definition of “priority transit project” and to make consequential amendments.

Schedule

Public Service Works on Highways Act

The

Public Service Works on Highways Act is amended to

provide that if a utility company fails to comply with certain notices or

orders under the Act, a judge of the Superior Court of Justice may order the

utility company to comply with the order or authorize a road authority to carry

out the work described in the notice.

Schedule

Transit-Oriented Communities Act, 2020

The

Schedule amends the Transit-Oriented Communities Act, 2020

to permit other provincial transit projects to be prescribed by regulation as

“priority transit projects”.

new

section gives powers to the Minister for the purpose of investing assets

in, supporting or developing transit-oriented community projects related to

provincial priority transit projects. The Minister may delegate these powers to

Metrolinx or another prescribed public body. The

Schedule also adds related

regulation-making powers and makes a consequential amendment to the Ministry of Infrastructure Act, 2011 .

Bill 222 2020

Act to amend various Acts in respect of transportation-related matters

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Building

Transit Faster Act, 2020

Schedule 2

Public

Service Works on Highways Act

Schedule 3

Transit-Oriented

Communities Act, 2020

Her

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) Subject to subsections (2) and (3), 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 Ontario

Rebuilding and Recovery Act, 2020 .

Schedule 1

Building Transit Faster Act, 2020

Section 1 of the Act is repealed and the following substituted:

Purpose

The

purpose of the Act is to expedite the delivery of transit projects of

provincial significance by removing barriers and streamlining processes that

may result in delays to the timely completion of these transit projects, while

enhancing coordination and engagement with and being fair to public and private

sector stakeholders.

(1) The definition of “priority transit project” in

section 2 of the

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

the end of clause (

d) and adding the following clause:

(

e) any

other prescribed provincial transit project.

(2) The French version of the

definition of “utility infrastructure” in

section 2 of the Act is amended by

striking out “au-dessus” after “publics”.

The French version of clause 42 (5) (

a) of the Act is amended by striking out

“moment” and substituting “montant”.

The

French version of subclause 62 (3) (b) (

i) of the Act is amended by adding “ou de la

Loi sur l’enregistrement des actes ” after “

Loi sur l’enregistrement des droits immobiliers ”.

Subsection 84 (1) of the Act is amended by adding the following clause:

(0.

a) prescribing

provincial transit projects for the purpose of the definition of “priority

transit project”;

Commencement

This

Schedule comes into force on the day the Ontario

Rebuilding and Recovery Act, 2020 receives Royal Assent.

Schedule 2

Public Service Works on Highways Act

The Public Service Works on Highways Act is amended

by adding the following section:

Court

order

If a

utility company fails to comply with a notice under subsection 2 (1) or an

order under subsection 2 (4), a judge of the Superior Court of Justice may, on

an application made by the road authority,

(

a) order

the utility company to comply; or

(

b) authorize

the road authority to carry out the work described in the notice.

Commencement

This

Schedule comes into force on the day the Ontario

Rebuilding and Recovery Act, 2020 receives Royal Assent.

Schedule 3

TRANSIT-ORIENTED Communities Act, 2020

(1) The definition of “priority transit project” in

section 1 of the

Transit-Oriented Communities Act, 2020 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) any

other provincial transit project prescribed by the regulations;

(2) The

definition of “transit-oriented community project” in

section 1 of the Act is

repealed and the following substituted:

“transit-oriented

community project” means a development project of any nature or kind and for

any usage in connection with the construction or operation of a station that is

part of a priority transit project, and includes a development project located

on transit corridor land within the meaning of the Building

Transit Faster Act, 2020 . (“projet communautaire axé sur le transport en

commun”)

Sections 4 and 5 of the Act are repealed and the following substituted:

Investing

in a transit-oriented community project

(1) The

Minister may, subject to the approval of the Lieutenant Governor in Council, establish,

acquire, manage, participate in or otherwise deal with corporations,

partnerships, joint ventures or other entities for the purpose of investing

assets in, supporting or developing transit-oriented community projects related

to provincial transit projects prescribed by the regulations for the purposes

of the definition of “priority transit project”.

Borrowing

and risk management

(2) When

acting under subsection (1), the Minister may borrow or manage financial risks

as long as,

(

a) the

Minister of Finance has, in writing, approved the borrowing or management; and

(

b) the

Ontario Financing Authority co-ordinates and arranges the borrowing or

management, unless otherwise agreed to in writing by the Minister of Finance.

Investment

policy

(3) The

Minister shall ensure that every entity referred to in subsection (1) invests

any funds that it receives either directly or indirectly from the Minister in

accordance with an investment policy that has been approved in writing by the

Minister of Finance.

Delegation

to Metrolinx

(4) The

Minister may, by regulation, delegate the Minister’s powers under subsection

(1) in whole or in part to any of the following entities, subject to any

conditions and restrictions set out in the regulation:

1. Metrolinx.

2. A

public body, within the meaning of the Public Service of

Ontario Act, 2006 , that is prescribed for the purpose of this

section by

the Lieutenant Governor in Council.

Regulations

(1) The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

provincial transit projects for the purpose of the definition of “priority

transit project”;

(

b) prescribing

and governing any additional powers that the Minister may require in order to

carry out the activities set out in subsection 4 (1);

(

c) prescribing

and governing any limitations to permitted activities for the purposes of

subsection 4 (1);

(

d) prescribing

provisions of the Corporations Act , Business Corporations Act and Corporations

Information Act that apply or do not apply to any particular corporation

referred to in subsection 4 (1) and, in the case of provisions prescribed as

applying, prescribing such modifications of those provisions as the Lieutenant

Governor in Council considers necessary or advisable;

(

e) providing

that an entity referred to in subsection 4 (1) is or is not a Crown agent;

(

f) prescribing

and respecting the governance structure, purposes, powers or duties for a

partnership, joint venture or other entity referred to in subsection 4 (1) that

is not a corporation;

(

g) prescribing

public bodies for the purpose of paragraph 2 of subsection 4 (4) and governing

and providing for other matters relating to the prescribing of public bodies

for the purpose of that provision;

(

h) respecting

any other matter that the Lieutenant Governor in Council considers necessary or

advisable for the purposes of

section 4, including to ensure that an entity

referred to in subsection 4 (1) may effectively carry out its purposes, powers

and duties.

Same

(2) The

Minister may make regulations delegating the Minister’s powers for the purpose

of subsection 4 (4), and prescribing conditions and restrictions that apply to

the delegation.

Ministry

of Infrastructure Act, 2011

Subsection 7.1 (5) of the Ministry of Infrastructure Act,

2011 is repealed and the following substituted:

Definitions

(5) In

this section,

“priority

transit project” means,

(

a) the

line known as the Ontario Line located in the City of Toronto,

(

b) the

subway extension known as the Scarborough Subway Extension, and also known as

the Line 2 East Extension, located in the City of Toronto,

(

c) the

subway extension known as the Yonge Subway Extension, and also known as the

Yonge North Subway Extension, extending from within the City of Toronto to

within the Regional Municipality of York, or

(

d) the

light rail transit extension known as the Eglinton Crosstown West Extension

extending westward from within the City of Toronto at the station known as

Mount Dennis; (“projet de transport en commun prioritaire”)

“transit-oriented

community project” means a development project of any nature or kind and for

any usage in connection with the construction or operation of a station that is

part of a priority transit project, and includes a development project located

on transit corridor land within the meaning of the Building

Transit Faster Act, 2020 . (“projet communautaire axé sur le transport en commun”)

Commencement

This

Schedule comes into force on the day the Ontario

Rebuilding and Recovery Act, 2020 receives Royal Assent.

Date Bill stage Event Outcome Committee

December 8, 2020

Royal Assent

Royal Assent received

December 3, 2020

Third Reading

Vote

Carried on division

December 2, 2020

Third Reading

Debated

December 2, 2020

Third Reading

Debated

November 30, 2020

Second Reading

Ordered for Third Reading

November 30, 2020

Second Reading

Reported without amendment

November 30, 2020

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

November 18, 2020

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

October 29, 2020

Second Reading

Ordered referred to Standing Committee

Standing Committee on Social Policy

October 29, 2020

Second Reading

Vote

Carried on division

October 29, 2020

Second Reading

Deferred vote

October 29, 2020

Second Reading

Debated

October 27, 2020

Second Reading

Debated

October 22, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

October 22, 2020

Committee

Second Reading

October 27, 2020

Principal Debaters :

Hon. Caroline Mulroney, Hon. Kinga Surma, Ms. Jessica Bell

Questions and Comments :

Mr. Vijay Thanigasalam, Ms. Goldie Ghamari, Mr. Guy Bourgouin

October 29, 2020

Principal Debaters :

Ms. Jessica Bell

Questions and Comments :

Ms. Donna Skelly, Ms. Judith Monteith-Farrell, Hon. Kinga Surma, Mr. Terence Kernaghan, Mme France Gélinas

Vote deferred.

October 29, 2020

Carried on recorded division. Referred to the Standing Committee on Social Policy.

Committee

Standing Committee on Social Policy

November 18, 2020

November 30, 2020

November 30, 2020

Reported to the House without amendment. Ordered for third reading.

Third Reading

December 2, 2020

Principal Debaters :

Hon. Caroline Mulroney, Hon. Kinga Surma, Ms. Jessica Bell, Mr. Joel Harden, Mr. Stephen Blais, Mr. Vijay Thankigasalam, Ms. Jill Andrew, Mr. Rudy Cuzzetto, Mr. Percy Hatfield, Mrs. Robin Martin, Mme France Gélinas

Questions and Comments :

Mr. Vincent Ke, Mr. Wayne Gates, Mr. Jamie West, Mr. Logan Kanapathi, Ms. Goldie Ghamari, Ms. Peggy Sattler, Mr. John Fraser, Mr. Roman Baber, Mr. Stephen Crawford, Mr. Guy Bourgouin, Mr. Dave Smith, Mr. Mike Harris, Ms. Andrea Khanjin, Mr. Kaleed Rasheed, Ms. Peggy Sattler, Hon. Paul Calandra

December 2, 2020 (Continued)

Vote deferred.

December 3, 2020

Carried on recorded division.

Royal Assent

Tuesday, December 8, 2020

Acts affected - Bill 222

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Building Transit Faster Act, 2020

Ministry of Infrastructure Act, 2011

Public Service Works on Highways Act

Transit-Oriented Communities Act, 2020

Legislative Assembly of Ontario

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