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Bill 184, Supporting Mobility, Affordability and Reliable Transportation in Ontario Act, 2024

Hazell, Andrea

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Bill 184 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends several Acts.

The

Metrolinx Act, 2006 is amended to add a new object

for Metrolinx requiring it to promote and facilitate the integration of routes,

fares and schedules of municipal bike share systems.

Section 29 is amended to

require Metrolinx or a subsidiary corporation to ensure that any assets sold or

disposed for the purpose of building residential units include at least 20 per

cent affordable residential units.

The

Public Transportation and Highway Maintenance Improvement

Act is amended to specify mandatory maintenance standards for Highways

11, 17 and 69.

The

Shortline Railways Act, 1995 is amended to re-enact

section 10 of the Act, which was repealed by the Getting

Ontario Moving Act (Transportation Statute Law Amendment), 2019 . The re-enacted

section establishes requirements that apply to shortline railway companies that

wish to discontinue the operation of a railway line.

Bill 184 2024

Act to amend the Metrolinx Act, 2006, the Public Transportation and Highway

Improvement Act and the Shortline Railways Act, 1995 with respect to

transportation

His

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

Province of Ontario, enacts as follows:

Metrolinx

Act, 2006

Subclause 6 (1) (d) (iii) of the Metrolinx Act, 2006 is amended by adding “of the

municipal bike share systems” after “regional transit system”.

Section 29 of the Act is amended by adding the following subsection:

Residential

units

(2.1) If

the sale or disposition under subsection (1) or (2) is for the purpose of building

residential units, the Corporation or the subsidiary corporation shall ensure

that at least 20 per cent of the units constitute affordable residential units,

as defined in subsection 4.1 (1) of the Development

Charges Act, 1997 .

Public

Transportation and Highway Improvement Act

The Public Transportation and Highway Improvement Act

is amended by adding the following section:

Road

maintenance

(1) The

Minister shall ensure that Highways 11, 17 and 69, including portions of those

highways that only have two lanes, are maintained in accordance with this

section.

Snow

removal standard

(2) The

entire pavement of the highway shall be bare of snow within four hours after

the end of a snowfall.

Ice

clearance standard

(3) If

ice forms on the pavement of the highway, the standard is to clear the ice

within three hours after becoming aware of the fact.

Pothole

repair standard

(4) If

a pothole on the pavement of the highway has a surface area exceeding 600

square centimetres and a depth exceeding eight centimetres, the standard is to

repair the pothole within four days after becoming aware of the fact.

Shortline

Railways Act, 1995

The Shortline Railways Act, 1995 is amended by

adding the following section:

Discontinuance

(1) A

shortline railway company shall comply with this

section before discontinuing

the operation of a railway line.

Advertisements

(2) A

shortline railway company that proposes to discontinue the operation of a

railway line shall,

(

a) advertise

its intention to do so in a newspaper or newspapers having general circulation

in the municipalities most affected by the proposal; and

(

b) notify

the registrar of its intention.

Contents

(3) The

advertisement shall contain the following information:

1. A

statement that the shortline railway company no longer intends to operate a

railway line.

2. A

statement that the railway line is available for sale, lease or transfer for

continued operation to a body authorized under this Act to operate a shortline

railway.

3. A

description of the railway line.

4. The

date by which interested persons must make their interest known in writing to

the company which date must be no earlier than 30 days after the first

publication of the advertisement.

Process

(4) The

shortline railway company shall immediately disclose to each interested person

the process which it intends to follow for receiving and evaluating the offers

it receives.

Negotiations

(5) The

shortline railway company shall negotiate in good faith and in accordance with

the process it has established.

Failure

to transfer

(6) If

the shortline railway company fails to reach an agreement within 90 days after

the final date stated in the advertisement or if an agreement is reached but

the transfer is not completed in accordance with the agreement, the shortline

railway company shall offer to sell, lease or otherwise transfer the railway

line for its net salvage value to the Minister on behalf of the Government of

Ontario and to the council of each municipality in which the railway line is

located.

Acceptance

of offer

(7) The

Government of Ontario or any municipality may accept the offer in writing

within 30 days of it being received but if more than one of them accepts the

offer the following shall determine which offer is accepted:

1. The

Government of Ontario is first in priority.

2. If

the Government of Ontario has not accepted the offer in the required time

period, the municipality which first submitted a written acceptance is next in

priority.

3. If

more than one municipality submits a written acceptance on the same day, the

matter shall be determined by draw.

Dispute

(8) If,

within 90 days after acceptance of an offer, agreement cannot be reached

between the parties on the net salvage value, the matter shall be referred to

an independent appraiser.

Appraisal

(9) The

independent appraiser shall investigate the matter and determine the net

salvage value no later than 30 days after the matter is referred or such

greater time period as may be agreed upon by the parties.

Binding

determination

(10) The

determination of the independent appraiser is final and binding on the parties.

Costs

(11) The

costs of the appraiser shall be borne equally between the two parties.

agreement

(12) If

the parties are unable to agree on an independent appraiser to determine net

salvage value, net salvage value shall be determined by arbitration.

Same

(13) If

the parties are unable to agree on the arbitrator or the terms of reference of

the arbitration, either party may apply to a judge of the Superior Court of

Justice for an order appointing an arbitrator and fixing the terms of

arbitration.

Application

of Act

(14) The

Arbitration Act, 1991 applies to the arbitration.

Disposal

(15) If

the railway line or the shortline railway company’s operating interest in it is

not transferred under this section, the shortline railway company may

discontinue operating the railway line and, if applicable, dispose of any or

all of the assets connected with the railway line.

Commencement

and

Short Title

Commencement

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

into force on the day it receives Royal Assent.

(2) Section

2 comes into force on the later of the day

section 3 of

Schedule 3 to the More Homes Built Faster Act, 2022 comes into force and

the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Supporting Mobility,

Affordability and Reliable Transportation in Ontario Act, 2024 .

Date Bill stage Event Outcome Committee

April 25, 2024

Second Reading

Vote

Lost on division

April 24, 2024

Second Reading

Question put

Vote deferred

April 24, 2024

Second Reading

Debated

April 9, 2024

First Reading

Ordered for Second Reading

April 9, 2024

First Reading

Vote

Carried

First Reading

April 9, 2024

Carried

Ordered for Second Reading

Second Reading

April 24, 2024

Bourgouin, Guy

Mushkegowuk—James Bay

Bresee, Ric

Hastings—Lennox and Addington

Harden, Joel

Ottawa Centre

Hazell, Andrea

Scarborough—Guildwood

Shamji, Adil

Don Valley East

Question put

April 25, 2024

Lost on division