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Bill 171, Building Transit Faster Act, 2020

Mulroney, Hon. Caroline Minister of Transportation

Royal Assent received. Statutes of Ontario 2020,

chapter 12

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Royal Assent

As Amended by Standing Committee

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Bill 171 Royal Assent (PDF)

EXPLANATORY NOTE

This Explanatory Note

was written as a reader’s aid to Bill 171 and does not form part of the law.

Bill 171 has been enacted as

Chapter 12 of the Statutes of Ontario, 2020.

The Bill is about the planning and construction of the Ontario

Line, the Scarborough Subway Extension, the Yonge Subway Extension and the

Eglinton Crosstown West Extension. The following is an overview of the Bill:

Corridor control

The Bill provides that, along the transit corridors for those

projects or in their vicinity, development requires a permit, with some exception

for projects already approved. Things that pose an obstruction to construction can

be removed. Things that pose an immediate danger to construction can be removed

immediately. Also, preview inspections may take place, in which property is

entered and may be tested to do due diligence in planning and construction. Processes

are set out; in many cases, compensation and restoration are available.

Expropriation

The Bill eliminates hearings of necessity for expropriations of property

along the transit corridors, if the expropriations are for the purpose of the

transit.

Utility company cooperation

The Bill provides a mechanism by which utility companies may be

required to move utility infrastructure, if necessary for the transit.

Municipal service and right of way access

The Bill provides a mechanism by which municipal service and right

of way access may be required to be provided for the transit. The process is

based around negotiation, with the possibility for an order if negotiation

fails.

Administration and enforcement

Many of the powers of the Minister under the Bill may be delegated

to Metrolinx or to prescribed public bodies, and Metrolinx’s powers in respect

of utility company cooperation may be delegated to other entities engaged by

Metrolinx to plan or construct a priority transit project. Enforcement tools

include stop-work orders, inspections, administrative penalties and offences.

Related amendments

The Ontario Energy Board Act, 1998 is

amended to provide that specified classes of amounts payable by utility

companies under the Bill not be included in gas or electricity rates approved

or fixed by the Ontario Energy Board, except as permitted by the regulations

made under that Act.

The utility company cooperation provisions of the Bill are similar

in substance to provisions of the Public Service Works on

Highways Act , and that Act’s terminology and mode of expression is

updated.

Bill 171 2020

An Act to enact the Building Transit Faster Act, 2020 and make

related amendments to other Acts

CONTENTS

PART I

PURPOSE AND

INTERPRETATION

Purpose

Definitions

PART II

CORRIDOR CONTROL

Development Control and

Obstruction removal

Development Control

Corridor Development Permit

Corridor

development permit

How

permits work

Cancellation

Emergencies

Development in Process

Normally,

no permit required for development in process

Imposition

of permit requirement

Negotiation

negotiation fails

Review

Review

Obstruction Removal

Obstruction Removal Notice and Negotiation

Need

for obstruction removal

Obstruction

removal notice

Contents

of notice

Providing

notice

Negotiation

negotiation fails

Compensation

and restoration

Obstruction Removal

Obstruction

removal

Advance

notice

Time

of day

Identification

Accompaniment

Use

of force

Obstruction

Construction Danger Inspection

and Elimination

Construction

danger inspection

Construction

danger elimination

Compensation

and restoration

Identification

and explanation

Accompaniment

Use

of force

Informing

owner afterwards

Obstruction

Preview inspection

Preview

inspection

Compensation

and restoration

Advance

notice

Date

and time

Identification

Accompaniment

Use

of force

Obstruction

Compensation

Compensation

Municipality

or local board

PART III

EXPROPRIATION

hearings of necessity

Alternative

process

PART IV

UTILITY COMPANY COOPERATION

Notice

to utility company

Coordination

Acquiring

permits, etc.

Timelines

Application

for additional time

Apportionment

of costs

PART V

MUNICIPAL SERVICE AND RIGHT OF WAY ACCESS

Need

for municipal service and right of way access

Notice

that municipal service and right of way access required

Contents

of notice

Negotiation

negotiation fails

Municipal

service and right of way access order

Revising

or cancelling order

PART VI

ADMINISTRATION

Delegation

to Metrolinx

Ministerial

directives

Delegation

of Metrolinx’s functions,

Part IV

Designating

transit corridor land

Review

process

PART VII

ENFORCEMENT

Stop-Work Order

Stop-work

order

Contents

of stop-work order

Serving

a stop-work order

Enforcement

through court

Utility Company Cooperation

Enforcement

Court

order

Compensation

Municipal Service and Right of

Way Access Order Enforcement

Enforcement

through court

Inspections

Inspection

Time

of day

Identification

Use

of force

Obstruction

Warrants

Warrant

PART VIII

ADMINISTRATIVE PENALTIES

Administrative

penalties

PART IX

OFFENCES

Offences

Penalties

PART X

MISCELLANEOUS

Serving

a document

Non-application

of the Statutory Powers Procedure Act

cause of action

expropriation or injurious affection

Regulations

PART XI

AMENDMENTS TO OTHER ACTS

Ontario

Energy Board Act, 1998

Public

Service Works on Highways Act

PART XII

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

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

Assembly of the Province of Ontario, enacts as follows:

Part I

Purpose and

interpretation

Purpose

1 The purpose of the Act is to

expedite the delivery of the following four priority transit projects for the

Greater Toronto Area, by removing barriers and streamlining processes that may

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

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

stakeholders:

1. The Ontario Line.

2. The Scarborough Subway Extension.

3. The Yonge North Subway Extension.

4. The Eglinton Crosstown West Extension.

Definitions

2 In this Act,

“actual cost”, in respect of the costs of work carried out by a

utility company to comply with a notice under

section 46, 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”)

“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”)

“construction danger inspection and elimination” means actions

under subsection 26 (1) or 27 (1); (“visite d’inspection et activité

d’élimination d’un risque pour la construction”)

“immediate danger to construction”, in relation to a thing, means

that,

(

a) it poses an immediate danger to the health and safety of persons

working on a priority transit project, or

(

b) the only reason it does not pose an immediate danger

described in clause (

a) is because the work is not occurring, but, the Minister

is ready to have that work occur; (“ risque immédiat pour

la construction ”)

“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”)

“municipal service and right of way access” means municipal service

and right of way access referred to in

section 52; (“accès aux services

municipaux et par droit de passage”)

“municipal service and right of way access order” means a municipal

service and right of way access order made under

section 57; (“arrêté d’accès

aux services municipaux et par droit de passage”)

“obstruction removal” means an obstruction removal under

subsection 19 (1); (“activité d’enlèvement d’un obstacle”)

“obstruction removal notice” means a notice under

section 13; (“avis

d’enlèvement d’un obstacle”)

“permit” means a permit under this Act, except in,

(

a) clause (

f) of the definition of “actual cost”, and

(

b) section 48; (“permis”)

“prescribed” means prescribed by regulation; (“prescrit”)

“preview inspection” means a preview inspection under subsection 34

(1); (“inspection préalable”)

“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”)

“proponent” has the same meaning as in the Consolidated

Hearings Act ; (“promoteur”)

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

“stop-work order” means an order under

section 64; (“arrêté de

cessation des travaux”)

“transit corridor land” means land designated as transit corridor

land under

section 62; (“bien-fonds affecté à un couloir de transport en commun”)

“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”)

Part II

Corridor Control

Development Control and Obstruction removal

Development Control

Corridor Development Permit

Corridor development permit

3 No person shall carry out the following work on or near

transit corridor land without a permit issued by the Minister:

buildings, structures, roads

1. Build, alter or place a building, other structure or road,

or conduct excavation or dewatering, on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

This does not include utility infrastructure, excavation for

utility infrastructure or dewatering for utility infrastructure.

utility infrastructure

2. Build, alter or place utility infrastructure that would

require grading or excavation on or under,

i. transit corridor land, or

ii. land within 10 metres of transit corridor land.

prescribed

3. Prescribed work.

How permits work

(1) The Minister may issue a permit for the

purposes of

section 3.

Terms

and conditions

(2) The

conditions, at the Minister’s discretion at any time.

Cancellation

5 The Minister may cancel a permit at the Minister’s discretion at any time.

Emergencies

(1) In an emergency, a

municipality or utility company may respond to the emergency by carrying out

work that would otherwise be prohibited by

section 3.

Notice of the work

(2) The municipality or utility company shall notify

the Minister of the work reasonably promptly.

Development in Process

Normally, no permit required for development in process

7 Work does not need a permit if that

work got all legally required approvals before a designation of land as transit

corridor land brought that work within the ambit of

section 3.

Imposition of permit requirement

8 The Minister may, by notice to the work’s

proponent, impose a requirement that, if the work is not completed during the

period ending on the day that is six months after the day that the notice was served,

the work needs a permit after that time, unless an alternative approach is

negotiated.

Negotiation

9 The Minister shall attempt to enter

into negotiations, and negotiate in good faith, to enable the work to be carried

out,

(

a) to the extent possible;

(

b) on a reasonable timeline; and

(

c) in a manner compatible with the needs and timelines of a priority

transit project.

If negotiation fails

(1) If an agreement has

not been reached during the period ending on the day that is six months after the

day that the notice was served, the exception in

section 7 ceases to apply,

such that a person needs a permit from the Minister under

section 3 to carry

out the work.

Discretion to impose permit

(2) The Minister may, by notice to the work’s

proponent, impose such a permit.

Review

Review

11 A person may seek a review of a decision

with respect to permits if the Minister has established a review process under

section 63.

Obstruction Removal

Obstruction Removal Notice and Negotiation

Need for obstruction removal

12 The Minister may determine that the

construction of a priority transit project requires the alteration or removal

of any of the following things, whether or not they are there in violation of

section 3:

structures

1. A structure on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

This does not include the removal of a building, road or utility

infrastructure, but does include the removal of part of a building.

trees, shrubs, hedges

2. A tree, shrub or hedge on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

prescribed

3. A prescribed thing.

Obstruction removal notice

13 The Minister may notify a property owner

that the alteration or removal of the thing on their property is required.

Contents of notice

14 The obstruction removal notice

shall be in writing and include the following information:

1. The work to be carried out.

2. The date by which the work must be completed.

3. That the owner shall be negotiated with in good faith to

further the work.

4. That if agreement has not been reached during the period

ending on the day that is 30 days after the day that the notice was served, the

Minister may carry out an obstruction removal with respect to the work.

5. The entitlement to compensation.

6. The procedure for determining compensation.

7. That if the owner obstructs an obstruction removal, they

lose their entitlement to compensation.

8. Contact information for further information.

Providing notice

(1) An obstruction

removal notice shall be provided to the owner personally or by registered mail.

Deemed receipt

(2) An obstruction removal notice sent by registered

mail is deemed to be received on the second business day after it was mailed.

Failure to receive document

(3) Subsection (2) does not apply if the person

establishes that they, acting in good faith, did not receive the obstruction

removal notice or received it on a later date because of a reason beyond the

person’s control, including absence, accident, disability or illness.

Negotiation

16 The Minister shall attempt to enter

into negotiations, and negotiate in good faith, to reach an agreement on how to

carry out the work.

If negotiation fails

17 If an agreement has not been

reached during the period ending on the day that is 30 days after the day that the

notice is served, the Minister may carry out an obstruction removal under

section 19 with respect to the work.

Compensation and restoration

18 If the thing was not there in

violation of

section 3 or municipal by-laws, and got all legally required

approvals, the Minister shall,

(

a) compensate the owner for the thing altered or removed and for

any damages resulting from the work, and the procedure for determining

compensation set out in

section 42 applies; and

(

b) if the Minister carries out the work, after carrying out

the work,

(

i) make

reasonable efforts to restore the property to its conditions prior to the work,

aside from the alterations or removals described in the notice, and

(ii) plant

trees to replace any trees that were removed, and do so in accordance with,

(

A) any

regulations on tree replacement, or

(

B) if

there are not regulations on tree replacement, in accordance with the

applicable municipal by-laws on tree replacement, with any necessary

modifications.

Obstruction Removal

Obstruction removal

(1) If an agreement has

not been reached during the period ending 30 days after the obstruction removal

notice is served, the Minister may carry out an obstruction removal, which

consists of entering the property and doing whatever is necessary to carry out

the work.

Dwellings

(2) An obstruction removal shall not take place in a

dwelling.

Compensation and restoration

(3) Section 18 applies to an obstruction removal.

Advance notice

(1) The Minister shall

provide advance notice of the obstruction removal to the property owner.

Contents

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

and approximate time of the obstruction removal.

Time of day

21 An obstruction removal 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; or

(

c) at any time during daylight hours.

Identification

22 An individual who carries out an

obstruction removal shall produce, on request, evidence of being authorized to do

so.

Accompaniment

23 An individual who carries out an

obstruction removal may be accompanied by one or more individuals under their

direction to assist with the obstruction removal.

Use of force

24 An individual who carries out an

obstruction removal is not entitled to use force to enter the property to carry out the obstruction removal.

Obstruction

(1) A person shall not

hinder, obstruct or interfere with an obstruction removal.

Loss of compensation entitlement

(2) A person who hinders, obstructs or interferes with

an obstruction removal loses any entitlement to compensation under

section 18

and subsection 19 (3).

Construction Danger Inspection and Elimination

Construction danger inspection

(1) The Minister may enter

a property to inspect any of the following things that, in the opinion of the

Minister, may pose an immediate danger to construction:

structures

1. A structure on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

This does not include a building, road or utility infrastructure,

but does include part of a building.

trees, shrubs, hedges

2. A tree, shrub or hedge on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

prescribed

3. A prescribed thing.

No notice

(2) The Minister does not need to provide notice of the

entry and inspection to anyone.

Construction danger elimination

(1) If, upon inspection,

there is a thing described in subsection 26 (1) that, in the opinion of the

Minister, poses an immediate danger to construction, the Minister may enter the

property and remove or otherwise eliminate the thing.

Notice

(2) Before entering and removing or otherwise

eliminating the thing, the Minister shall make reasonable efforts to notify

the property owner, tenant or occupant.

Compensation and restoration

28 If the thing was not there in

violation of

section 3 or municipal by-laws, and got all legally required

approvals, the Minister shall,

(

a) compensate the owner for the thing removed or eliminated

and for any damages resulting from the work, and the procedure for determining

compensation set out in

section 42 applies; and

(

b) if the Minister carries out the work, after carrying out

the work,

(

i) make

reasonable efforts to restore the property to its conditions prior to the work,

aside from the removal or elimination, and

(ii) plant

trees to replace any trees that were removed, and do so in accordance with,

(

A) any

regulations on tree replacement, or

(

B) if

there are not regulations on tree replacement, in accordance with the

applicable municipal by-laws on tree replacement, with any necessary

modifications.

Identification and explanation

29 The individual who carries out construction

danger inspection and elimination shall, on request,

(

a) produce evidence of being authorized to do so; and

(

b) make reasonable efforts to explain what they are doing and why

they are doing it.

Accompaniment

30 The individual who carries out

construction danger inspection and elimination may be accompanied by one or

more individuals under their direction to assist with the construction danger

inspection and elimination.

Use of force

31 The individual who carries out

construction danger inspection and elimination may request police assistance and

a police officer who accepts the request may use whatever force is necessary to

assist the construction danger inspection and elimination.

Informing owner afterwards

32 Unless the property owner has

already been informed, after the construction danger inspection and elimination,

the Minister shall make reasonable efforts to promptly inform the owner of,

(

a) the construction danger inspection and elimination;

(

b) the entitlement to compensation; and

(

c) the procedure for determining compensation.

Obstruction

(1) A person shall not

hinder, obstruct or interfere with a construction danger inspection and

elimination.

Loss of compensation entitlement

(2) A person who hinders, obstructs or interferes with

the carrying out of a construction danger inspection and elimination loses any

entitlement to compensation under

section 28.

Preview inspection

Preview inspection

(1) For the purpose of

carrying out due diligence in planning and constructing a priority transit

project, the Minister may carry out a preview inspection, which consists of,

(

a) entering a property that the Minister does not otherwise

have a right of entry to and that is at least partly either on transit corridor

land or within 30 metres of transit corridor land;

(

b) making records of the property and surrounding area; and

(

c) conducting tests.

Dwelling

(2) A preview inspection shall not take place in a

dwelling.

Compensation and restoration

35 If the Minister conducts tests,

after conducting the tests, the Minister shall,

(

a) compensate the owner for any damages resulting from the

work, and the procedure for determining compensation set out in

section 42

applies; and

(

b) make reasonable efforts to restore the property to its

conditions prior to the work.

Advance notice

(1) The Minister shall

provide advance notice of a preview inspection to the property owner at least

30 days in advance of the preview inspection.

Contents

(2) The advance notice shall be in writing and include

the following information:

1. The intended date and approximate time of the preview

inspection, with a statement that reasonable efforts will be made to have the

preview inspection at a date and time that is mutually convenient.

2. The approximate duration of the preview inspection.

3. The purpose of the preview inspection.

4. The entitlement to compensation.

5. The procedure for determining compensation.

6. That if the owner obstructs the preview inspection, they

lose their entitlement to compensation.

7. Contact information for further information.

Date and time

(1) The Minister shall

make reasonable efforts to have the preview inspection take place at a date and

time that is mutually convenient to the Minister and the owner.

If no agreement

(2) If no mutually convenient time is identified, the

preview 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; or

(

c) at any time during daylight hours.

Identification

38 An individual who carries out the

preview inspection shall produce, on request, evidence of being authorized to

do so.

Accompaniment

39 An individual who carries out the

preview inspection may be accompanied by one or more individuals under their

direction to assist with the preview inspection.

Use of force

40 An individual who carries out the preview

inspection is not entitled to use force to enter the property

to carry out the preview inspection.

Obstruction

(1) A person shall not

hinder, obstruct or interfere with a preview inspection.

Loss of compensation entitlement

(2) A person who hinders, obstructs or interferes with

a preview inspection loses any entitlement to compensation under

section 35.

Compensation

Compensation

(1) This

section sets

out the procedure for determining compensation in relation to,

(

a) an agreement in response to an obstruction removal notice,

if the agreement does not settle the compensation;

(

b) an obstruction removal;

(

c) a construction danger inspection and elimination; or

(

d) a preview inspection.

Particulars

(2) The Minister may require a person who claims

compensation to provide the Minister with a true statement showing the

particulars of the person’s interest in the property and the claim made by the

person.

Compensation dispute

(3) If the Minister and the person do not agree on

compensation, either of them may apply to the Local Planning Appeal Tribunal to

determine compensation.

Interest

(4) 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

(5) Despite subsection (4),

(

a) if the person was offered in writing compensation greater

than the amount determined by the Tribunal, no interest may be ordered 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 person,

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

for which the person 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

43 If the 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

sections 18, 28, 35 and 42,

(

a) the Minister may compensate the owner for any damages

resulting from the work, but does not have to;

(

b) if the Minister compensates the 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 owner for the thing altered, removed or eliminated, and the

procedure for determining compensation set out in

section 42 does not apply.

Part III

Expropriation

No hearings of necessity

44 (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,

(

a) the land is at least partly on transit corridor land; and

(

b) the expropriation is for a priority transit project.

This

section prevails

(2) Subsection (1) of this

section applies despite

subsection 2 (4) of the Expropriations Act .

Alternative process

(1) The Minister may

establish a process for receiving comments from property owners about a

proposed expropriation and for considering those comments.

How process established

(2) The Minister may establish the process by

regulation or by another means.

Part IV

Utility Company Cooperation

Notice to utility company

(1) Metrolinx may by

notice require a utility company to take up, remove or change the location of the

utility company’s utility infrastructure if, in the opinion of Metrolinx, it is

necessary for a priority transit project.

Form and service

(2) The notice must be in writing and must be served

personally, by registered mail or by email.

Deemed receipt

(3) A notice sent by email is deemed to have been

received on the first business day after the day it was sent, unless the

utility company establishes that it, acting in good faith, did not receive the

notice or received it on a later date because of a reason beyond its control,

including absence, accident, disability or illness.

Coordination

47 After the utility company receives

the notice, Metrolinx and the utility company shall enter reasonably promptly

into negotiations to coordinate the taking up, removal or changing of the

location.

Acquiring permits, etc.

48 The utility company shall make reasonable

efforts to acquire any permits, approvals and property rights necessary to

comply with the notice.

Timelines

49 The notice shall specify the date

by which the notice must be complied with, and the date shall be the date

agreed on by Metrolinx and the utility company, or, in default of agreement,

shall be at least 60 days after the notice is served.

Application for additional time

(1) The utility company

may apply to a judge of the Superior Court of Justice for an order altering the

date specified in the notice to a later date.

Notice

(2) The utility company shall give Metrolinx such

notice of the application as a judge of the Superior Court of Justice directs.

Test and order

(3) If the judge finds that the physical, technical or

other difficulties in complying with the notice require additional time, the

judge may make whatever order is appropriate.

Apportionment of costs

(1) Metrolinx and the utility

company may agree on the apportionment of the actual cost of the work.

If no agreement

(2) If no agreement is reached, Metrolinx must bear the

actual cost of the work.

Part V

Municipal service and right of way access

Need for municipal service and right of way access

52 Metrolinx may determine that,

(

a) the construction of a priority transit project requires municipal

service and right of way access in the form of the use, occupation, modification

or temporary closure of a municipal highway or municipal right of way; or

(

b) the construction or operation of a priority transit project

requires municipal service and right of way access in the form of use of, access

to or modification of,

(

i) infrastructure

that is,

(

A) related

to sewage works, water works or fire hydrants, and

(

B) under

municipal ownership or control, and

(ii) municipal

services related to that infrastructure.

Notice that municipal service and right of way access required

53 Metrolinx may notify a municipality

that municipal service and right of way access is required.

Contents of notice

54 The notice shall be in writing and

include the following information:

1. The particulars of what municipal service and right of way

access is required.

2. The date that the municipal service and right of way

access is required by.

Negotiation

55 After the municipality receives the

notice, Metrolinx and the municipality shall enter reasonably promptly into

negotiations to agree on terms for the municipal service and right of way

access.

If negotiation fails

56 If, in the Minister’s opinion, Metrolinx

and the municipality will not be able to agree on terms for the municipal

service and right of way access even though Metrolinx made reasonable efforts

to reach an agreement, the Minister may at any time develop a municipal service

and right of way access order as follows:

1. The Minister shall consult with Metrolinx and the

municipality.

2. The consultation shall occur in the manner that, in the

Minister’s opinion, is appropriate.

3. The Minister may require Metrolinx and the municipality to

produce information that, in the Minister’s opinion, the Minister requires to

develop the order.

4. The Minister may obtain technical or other advice on the

development of the municipal service and right of way access order.

Municipal service and right of way access order

(1) The Minister may

make a municipal service and right of way access order developed under

section 56

requiring the municipal service and right of way access, and Metrolinx and the

municipality shall comply with it.

Terms

(2) The order may require the municipality to provide the

municipal service and right of way access set out in the order, and set terms governing

Metrolinx and the municipality in respect of the municipal service and right of

way access, which may include the following:

1. Implementation of adequate measures to mitigate the impact

on the public of the municipal service and right of way access. As an option,

the measures may include notification to the municipality and the public of

matters concerning the municipal service and right of way access.

2. Provision of resources and compensation to address the

impact on the municipality of the municipal service and right of way access.

3. Measures to address potential municipal liability arising

from the municipal service and right of way access.

4. Technical standards that must be met to support the municipal

service and right of way access.

5. Dispute resolution provisions.

6. Other terms.

Revising or cancelling order

(1) The Minister may

determine that a municipal service and right of way access order needs to be

revised or cancelled.

Notice that revising or cancelling required

(2) If the Minister determines that the order needs to

be revised or cancelled, the Minister shall notify Metrolinx and the

municipality.

Contents

(3) The notice shall be in writing and shall include

the following information:

1. The particulars of why the order needs to be revised or

cancelled, and if revision is required, what sort of revision is required.

2. The date that the revision or cancellation is to take

effect.

Negotiation, development and terms

(4) Sections 55 to 57 apply, with necessary

modifications, to the revision or cancellation of the order.

Part VI

Administration

Delegation to Metrolinx

(1) The Minister may, by

regulation, delegate their functions under this Act 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.

Exceptions

(2) Subsection (1) does not apply to the following

functions:

1. The Minister’s authority to make and approve regulations.

2. The Minister’s authority to issue directives.

3. The Minister’s authority to develop, make, revise or cancel

a municipal service and right of way access order.

Ministerial directives

(1) The Minister may

issue directives in writing to,

(

a) Metrolinx, in respect of any matter under this Act; or

(

b) a prescribed public body under

section 59, in respect of

any function delegated to that prescribed public body.

Implementation, Metrolinx

(2) Metrolinx’s board of directors shall ensure the

directives to Metrolinx are implemented promptly and efficiently.

Same, prescribed public body

(3) The board of directors of a prescribed public body under

section 59 shall ensure the directives to the public body are implemented

promptly and efficiently, and if the public body does not have a board of

directors, the directing minds of the public body shall do so.

Directive not a regulation

(4) A directive is not a regulation within the meaning

Part III (Regulations) of the Legislation Act, 2006 .

Delegation of Metrolinx’s functions,

Part IV

(1) Metrolinx may delegate

its functions under

Part IV to another entity engaged by Metrolinx to plan or

construct a priority transit project if the other entity consents, subject to

any conditions and restrictions set out in the delegation.

Revocation

(2) Metrolinx may revoke the delegation at its

discretion at any time.

Exception

(3) Metrolinx may not delegate to the other entity

Metrolinx’s function of forming an opinion for the purpose of subsection 46

(1) as to what is necessary for a priority transit project.

Clarification

(4) For greater certainty, Metrolinx may not delegate

to the other entity Metrolinx’s functions under sections 68 and 69.

Designating transit corridor land

(1) The Lieutenant

Governor in Council may, by order in council, designate land as transit

corridor land if, in the opinion of the Lieutenant Governor in Council, it is or

may be required for a priority transit project.

Different designations for different purposes

(2) The Lieutenant Governor in Council may designate

the land for some of the purposes of this Act and not others, and may later

further designate the land for other purposes of this Act.

Notice and registration

(3) Upon land being designated as transit corridor land,

the Minister shall,

(

a) make reasonable efforts to notify the owners and occupants

of land that is at least partly either on transit corridor land or within 30

meters of transit corridor land of,

(

i) the

designation, and

(ii) this

Act; and

(

b) either,

(

i) register

a notice of designation under the Land

Titles Act or Registry

Act in respect of land described in clause (a), or

(ii) carry

out the prescribed public notice process.

Revocation

(4) If the Lieutenant Governor in Council revokes a

designation, the Minister shall register the documents necessary to effect the

removal of the notice referred to in subclause (3) (b) (i).

Review process

(1) The Minister may

establish a review process with respect to permits.

Notification

(2) If a review process has been established, the

Minister shall ensure that notifications of decisions with respect to permits are

accompanied with a notice of what the review process is.

Fees

(3) The Minister may set fees for the review process.

Part VII

Enforcement

Stop-Work Order

Stop-work order

(1) The Minister may

order work described in

section 3 to stop, and every person to whom the order

is issued shall comply with the order.

Exception

(2) The Minister shall not order the following work to

stop under subsection (1):

1. Work authorized by a permit and carried out in accordance

with that permit.

2. Work that, under sections 7 to 10, does not need a permit.

Contents of stop-work order

65 A stop-work order shall be in

writing and include the following information:

1. What work must stop.

2. The consequences of failing to comply with the order,

including the associated offence and potential fine.

Serving a stop-work order

(1) A stop-work order

shall be provided to the persons to whom it is issued personally or by

registered mail.

Deemed receipt

(2) A stop-work order sent by registered mail is deemed

to be received on the second business day after it was mailed.

Failure to receive document

(3) Subsection (2) does not apply if the person

establishes that they, acting in good faith, did not receive the stop-work

order or received it on a later date because of a reason beyond the person’s

control, including absence, accident, disability or illness.

Enforcement through court

67 A stop-work order may be filed in

the Superior Court of Justice and then may be enforced as if it were an order

of that court.

Utility Company Cooperation Enforcement

Court order

68 If a utility company fails to

comply with a notice under

section 46 or an order under

section 50, a judge of

the Superior Court of Justice may, on an application made by Metrolinx,

(

a) order the utility company to comply; or

(

b) authorize Metrolinx to carry out the work described in the

notice.

Compensation

(1) A utility company

shall compensate Metrolinx for a loss or expense incurred because the utility

company failed to comply with a notice under

section 46 or an order under

section 50.

Agreement as to compensation

(2) Metrolinx and the utility company may agree upon

the compensation.

no agreement

(3) If no agreement is reached, a claim for

compensation under this

section shall be determined by the Local Planning

Appeal Tribunal on application by Metrolinx.

Amounts not compensable

(4) The compensation that Metrolinx is entitled to

under subsection (1) does not include,

(

a) if the utility company carries out the work, the actual

cost of the utility company’s work that is apportioned to Metrolinx under

subsection 51 (1) or the actual cost of the utility company’s work that subsection

51 (2) requires Metrolinx to bear; or

(

b) if Metrolinx carries out the work under clause 68 (b), Metrolinx’s

costs of carrying out the work.

Municipal Service and Right of Way Access Order

Enforcement

Enforcement through court

70 A municipal service and right of

way access order may be filed in the Superior Court of Justice and then may be

enforced as if it were an order of that court.

Inspections

Inspection

(1) For the purpose of

ensuring that a permit or stop-work order is being complied with, the Minister

may enter and inspect the property that the permit or stop-work order relates

to.

Dwellings

(2) The inspection shall not take place in a dwelling.

Time of day

72 The 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; or

(

c) at any other time during daylight hours, upon giving two

days notice.

Identification

73 An individual who carries out the

inspection shall produce, on request, evidence of being authorized to do so.

Use of force

74 An individual who carries out the

inspection is not entitled to use force to enter and carry out the inspection.

Obstruction

75 A person shall not hinder, obstruct

or interfere with the inspection.

Warrants

Warrant

(1) A justice of the

peace may issue a warrant authorizing an individual named in the warrant to

enter property specified in the warrant to carry out an inspection under

section

71 or to carry out a preview inspection or an obstruction removal, if the

justice of the peace is satisfied on information under oath that,

(

a) an individual has been prevented from carrying out an

inspection under

section 71, a preview inspection or an obstruction removal;

(

b) there are reasonable grounds to believe that an individual

will be prevented from carrying out an inspection under

section 71, a preview

inspection or an obstruction removal; or

(

c) in the case of an obstruction removal, it is more

reasonable to carry out the obstruction removal at times other than only during

daylight hours than it is to carry it out only during daylight hours.

Expiry of warrant

(2) The warrant shall state a date that it expires on,

and that date shall not be later than 30 days after the warrant is issued.

Extension of time

(3) A justice of the peace may extend the date the

warrant expires on for an additional period of no more than 30 days, upon

application without notice by the individual named in the warrant.

Time of day

(4) Unless the warrant specifies otherwise, the warrant

may only be executed,

(

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; or

(

c) at any time during daylight hours.

Identification

(5) The individual named in the warrant shall produce,

on request, evidence of,

(

a) the warrant; and

(

b) being the person named in the warrant.

Accompaniment

(6) Unless the warrant specifies otherwise, the

individual named in the warrant may be accompanied by one or more individuals under

their direction to assist in executing the warrant.

Use of force

(7) The individual named in the warrant may request

police assistance and a police officer who accepts the request may use whatever

force is necessary to assist in executing the warrant.

the justice of the peace considers advisable in the circumstances.

Part VIII

Administrative Penalties

Administrative penalties

Purpose

(1) The purpose of an

administrative penalty imposed under this

section is,

(

a) to ensure compliance with prescribed provisions of this Act

and the regulations; or

(

b) to prevent a person or entity from deriving, directly or

indirectly, any economic benefit as a result of contravening the prescribed

provisions.

Order imposing administrative penalties

(2) If the Minister is satisfied that a person is

contravening or not complying with a prescribed provision of this Act or the

regulations, the Minister may, by order, impose an administrative penalty on

the person in accordance with this

section and the regulations.

Maximum administrative penalty

(3) An administrative penalty shall not exceed a

maximum of $500,000 or such lesser amount as may be prescribed.

Limits on administrative penalty

(4) Despite the maximum administrative penalty set out

in subsection (3), if the administrative penalty is with respect to a

contravention or failure to comply that constitutes an offence, the amount of

an administrative penalty shall not exceed the maximum fine that would be

applicable to the person for the offence.

Administrative penalty may be imposed with other measures

(5) An administrative penalty may be imposed alone or

in conjunction with any other regulatory measure provided by this or any other

Act, and may be imposed in conjunction with a fine imposed for the same

infraction.

Limitation

(6) An administrative penalty may only be imposed

within the prescribed time period.

No right to be heard

(7) There is no right to be heard before an order

imposing an administrative penalty is made.

Right to review

(8) A person who receives an order imposing an

administrative penalty may request a prescribed individual to review the order by

applying to the prescribed individual for a review in a form approved by the

Minister,

(

a) within a prescribed number of days after the order is

served; or

(

b) within a longer period specified by the prescribed

individual, if the prescribed individual considers it appropriate in the

circumstances to extend the time for applying.

If no review requested

(9) If a person who has received an order imposing an

administrative penalty does not apply for a review under subsection (8), the

person shall pay the penalty within 30 days after the day the order was served.

If review requested

(10) If a person who has received an order imposing an administrative

penalty applies for a review under subsection (8), the prescribed individual

shall conduct the review in accordance with the regulations.

Stay of order

(11) A review commenced under subsection (8) operates

as a stay of the order until the matter is finally disposed of.

Prescribed individual’s decision

(12) On a review, the prescribed individual may,

(

a) find that the person did not contravene the provision of

this Act or the regulations specified in the order, and rescind the order;

(

b) find that the person did contravene the provision of this

Act or the regulations specified in the order and affirm the order; or

(

c) find that the person did contravene the provision but that

the penalty is excessive in the circumstances or is, by its magnitude, punitive

in nature having regard to all the circumstances, and in that case the prescribed

individual shall amend the order by reducing the amount of the penalty.

Decision final

(13) The prescribed individual’s decision is final.

Payment after review

(14) If the prescribed individual finds under clause (12)

(

b) or (

c) that a person has contravened the provision of this Act or the

regulations specified in the order, the person shall pay the penalty required

by the prescribed individual within 30 days after the day the decision was

made.

Enforcement of administrative penalty

(15) If the person fails to pay the administrative

penalty within the time required, the order or the prescribed individual’s

decision, as the case may be, may be filed in the Superior Court of Justice and

then may be enforced as if it were an order of that court.

Postjudgment interest

(16) Section 129 of the Courts of

Justice Act applies in respect of an order or decision filed in the

Superior Court of Justice under subsection (15) and the date on which the order

or decision is filed under subsection (15) is deemed to be the date of the

order that is referred to in

section 129 of the Courts of

Justice Act .

Part IX

Offences

Offences

Contravene development control

(1) Every person who

offence.

Obstruct an obstruction removal

(2) Every person who contravenes subsection 25 (1) is

guilty of an offence.

Obstruct construction danger inspection and elimination

(3) Every person who contravenes subsection 33 (1) is guilty

of an offence.

Obstruct preview inspection

(4) Every person who contravenes subsection 41 (1) is

guilty of an offence.

Fail to comply with stop-work order

(5) Every person who fails to comply with subsection 64

(1) is guilty of an offence.

Obstruct inspection

(6) Every person who contravenes

section 75 is guilty

of an offence.

Penalties

79 A person who is guilty of an

offence under

section 78 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.

Part X

Miscellaneous

Serving a document

(1) Except as otherwise

provided under this Act, a notice, order or document that is required to be

given or served on a person under this Act is sufficiently given or served if

it is,

(

a) delivered directly to the person;

(

b) sent by registered mail to the person’s last known address;

(

c) sent by email to the person’s last known email address; or

(

d) given by other means specified by the regulations.

Deemed receipt

(2) Subject to subsection (3),

(

a) a document sent under clause (1) (

c) is deemed to have been

received on the first business day after the day it was sent; and

(

b) a document sent under clause (1) (

d) is deemed to have been

received on the day specified by the regulations.

Failure to receive document

(3) Subsection (2) does not apply if the person

establishes that they, acting in good faith, did not receive the document or

received it on a later date because of a reason beyond their control, including

absence, accident, disability or illness.

Non-application of the Statutory Powers

Procedure Act

81 The Statutory

Powers Procedure Act does not apply to:

1. A review of a decision with respect to permits under

section 11.

2. A process for receiving and considering comments about a

proposed expropriation under

section 45.

3. A review of an administrative penalty under

section 77.

No cause of action

(1) No cause of action

arises against the persons or entities described in subsection (2) in respect

of,

(

a) the enactment of this Act;

(

b) the making of a regulation;

(

c) the making of a designation under

section 62;

(

d) the granting or denial of a permit, the setting of terms

cancellation of a permit or the imposition or non-imposition of a permit;

(

e) the making of a stop-work order; or

(

f) the issuance of a directive under

section 60.

Persons or entities

(2) The persons and entities referred to in subsection

(1) are,

(

a) the Crown, any current or former member of the Executive

Council and any current or former employee or agent of or adviser to the Crown;

(

b) Metrolinx, any current or former director of Metrolinx and

any current or former employee of or agent to or adviser to Metrolinx;

(

c) a prescribed public body under

section 59, any current or

former director or directing mind of that public body and any current or former

employee or agent of or adviser to that public body; and

(

d) another entity delegated to under

section 61, any current

or former director or directing mind of that other entity and any current or

former employee or agent of or adviser to that other entity.

Proceedings barred

(3) No proceeding, including but not limited to any

proceeding for a remedy in contract, restitution, tort, misfeasance, bad faith,

trust or fiduciary obligation, and any remedy under any statute, that is based

on a cause of action described in subsection (1) may be brought or maintained

against the persons or entities described in subsection (2).

Application

(4) Subsection (3) 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 a proceeding to enforce a judgment or

order made by a court or tribunal outside of Canada.

Retrospective effect

(5) Subsections (3) and (4) apply regardless of whether

the cause of action on which the proceeding is purportedly based arose before,

on or after the day this Act came into force.

Proceedings set aside

(6) Any proceeding referred to in subsection (3) or

(4) commenced before the day this subsection came into force shall be deemed to

have been dismissed, without costs, on the day this Act came into force.

No expropriation or injurious affection

83 Nothing described in clauses 82 (1)

(

b) to (f), and no obstruction removal, construction danger inspection and

elimination or preview inspection constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Regulations

LGIC

(1) The Lieutenant

Governor in Council may make regulations,

(

a) prescribing public bodies for the purpose of

section 59 and

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

bodies for the purpose of

section 59;

(

b) governing administrative penalties that may be imposed

under

section 77, and, without limiting the foregoing, may make regulations,

(

i) prescribing

provisions of this Act and of the regulations for the purpose of subsection 77

(2), except for provisions under

Part IV or V, sections 68 to 70 or regulations

in respect of those provisions,

(ii) prescribing

individuals for the purpose of subsection 77 (8),

(iii) providing

that, if the Minister has delegated their functions under

section 77 to

Metrolinx, Metrolinx may appoint employees of Metrolinx to be deemed to be

prescribed individuals who may conduct a review under subsection 77 (8),

(iv) prescribing

the amount of a penalty, or a method for calculating the amount of a penalty,

and prescribing different penalties or ranges of penalties for different types

of contraventions or failures to comply and different penalties or ranges of

penalties depending on specified criteria,

(

v) authorizing

the Minister to determine the amount of a penalty, if the amount of the penalty

or method for calculating the amount of the penalty is not prescribed, and prescribing

criteria that may or must be considered when making an order under subsection 77

(2), including prescribing that the criteria may include aggravating or

mitigating factors,

(vi) authorizing

that a penalty may be imposed for each day or part of a day on which a

contravention or failure to comply continues,

(vii) authorizing

higher penalties for a second or subsequent contravention or failure to comply,

(viii) governing

the payment of penalties, including requiring that a penalty be paid before a

specified deadline, and authorizing the Minister to approve a plan of periodic

payments that extends beyond the deadline,

(ix) authorizing

the imposition of late payment fees respecting penalties that are not paid

before the specified deadline, including graduated late payment fees, and

providing that such fees are included as part of the penalty for enforcement

purposes,

(

x) prescribing

a lesser maximum penalty and the provisions of this Act or the regulations to

which the lesser maximum penalty applies,

(xi) prescribing

and governing procedures for making and serving an order under

section 77,

including prescribing rules for service, prescribing the day on which an order

is deemed to have been received and providing for service on persons outside Ontario,

(xii) governing

the review of an order under subsection 77 (8), including,

(

A) establishing

procedures for commencing and conducting a review,

(

B) establishing

time limits for the stages of a review and authorizing the person prescribed

under subclause (ii) to extend any time limit,

(

C) prescribing

that the review must or may be conducted orally, electronically or in writing

or authorizing the person prescribed under subclause (ii) to make that

determination, and

(

D) establishing

criteria to be considered and criteria not to be considered by the person

prescribed under subclause (ii) when determining what decision to make,

(xiii) prescribing

the form and content of orders under

section 77,

(xiv) prescribing

circumstances in which a person is not required to pay an administrative

penalty,

(xv) providing

that an administrative penalty is payable to a prescribed person rather than to

the Minister of Finance, and is a debt due to the person to whom it is payable,

(xvi) providing

for other matters to carry out the purpose of

section 77.

Minister

(2) The Minister may make regulations,

(

a) governing anything that, in this Act, is required or

permitted to be prescribed or that is required or permitted to be done by, or

in accordance with, the regulations, or as authorized, specified or provided

for in the regulations, except for prescribing public bodies for the purpose of

section 59 or anything with respect to administrative penalties;

(

b) clarifying the meaning of any term or phrase used in this

Act that is not defined in this Act;

(

c) exempting an entity from a provision of this Act and

setting conditions for the exemption;

(

d) providing for other matters to carry out the purpose of

this Act.

Part XI

Amendments to Other Acts

Ontario

Energy Board Act, 1998

(1) Section 36 of the Ontario Energy Board Act, 1998 is amended by adding the

following subsection:

Limitation

(3.1) In approving or fixing just and reasonable rates

for the sale, transmission or distribution of

gas , the Board shall not, unless permitted by the regulations, include

any of the following classes of amounts payable by a gas transmitter or gas distributor under the Building Transit Faster Act, 20 20 :

1. Any award, damages or penalty payable by the gas transmitter

or gas distributor under an agreement entered into under

section 51 of that Act

or an order made under

section 68 of that Act.

2. Compensation payable by the gas transmitter or gas

distributor to Metrolinx, as determined under

section 69 of that Act.

3. Any other class of amounts specified by the regulations.

(2) Section 78 of the Act is amended by adding the

following subsection:

Same, amounts payable under Building Transit

Faster Act, 2020

(5) In approving or fixing just and reasonable rates

for the transmission or distribution of electricity, the Board shall not,

unless permitted by the regulations, include any of the following classes of

amounts payable by a transmitter or distributor under

the Building Transit Faster Act, 2020 :

1. Any award, damages or penalty payable by the transmitter

or distributor under an agreement entered into under

section 51 of that Act or

an order made under

section 68 of that Act.

2. Compensation payable by the transmitter or distributor to

Metrolinx, as determined under

section 69 of that Act.

3. Any other class of amounts specified by the regulations.

(3) Subsection 127 (1) of the Act is amended by adding

the following clauses:

(b.1) for the purposes of subsection 36 (3.1),

(

i) permitting

the Board to consider including any or all of the classes of amounts referred

to in paragraphs 1 and 2 of that subsection or any part of them, as specified

by the regulations, when approving or fixing just and reasonable rates under

subsection 36 (2), and

(ii) specifying

classes of amounts for the purposes of paragraph 3 of that subsection;

. . . . .

(j.1) for the purposes of subsection 78 (5),

(

i) permitting

the Board to consider including any or all of the classes of amounts referred

to in paragraphs 1 and 2 of that subsection or any part of them, as specified

by the regulations, when approving or fixing just and reasonable rates under

subsection 78 (3), and

(ii) specifying

classes of amounts for the purposes of paragraph 3 of that subsection;

(4) Section 127 of the Act is amended by adding the

following subsection:

Subdelegation

(4.1) A regulation made under clause (1) (b.1) or (j.1)

may authorize the Board to determine a matter that may be prescribed by the

Lieutenant Governor in Council under that clause.

Public Service Works on Highways Act

(1) The definition of “appliances

or works” in

section 1 of the Public Service Works on

Highways Act is repealed.

(2) Clause (

a) of the definition of “cost of labour” in

section 1 of the Act is amended by striking out “foremen” and substituting

“supervisors”.

(3) Clause (

b) of the definition of “cost of labour” in

section 1 of the Act is amended by,

(

a) striking out “operating corporation” and substituting

“utility company”;

(

b) striking out “workers’ compensation” and substituting

“workplace safety and insurance premiums”; and

(

c) striking out “unemployment insurance” and substituting

“employment insurance”.

(4) The definition of “operating corporation” in

section 1 of the Act is repealed.

(5) Section 1 of the Act is amended by adding the

following

definitions:

“utility company” means a municipal corporation or commission or a

company or individual operating or using communications services or

transmitting, distributing or supplying electricity or artificial or natural

gas or oil 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 a highway by

utility company. (“infrastructure de services publics”)

(6) Subsection 2 (1) of the Act is amended by,

(

a) striking out “appliances or works” and substituting

“utility infrastructure”;

(

b) striking out “on or under” and substituting “over, on or

under”; and

(

c) striking out “operating corporation” wherever it appears

and substituting in each case “utility company”.

(7) Subsection 2 (2) of the Act is amended by striking

out “operating corporation” wherever it appears and substituting in each case “utility

company”.

(8) Subsection 2 (3) of the Act is amended by striking

out “operating corporation” and substituting “utility company”.

(9) Subsection 2 (4) of the Act is amended by striking

out “An operating corporation” at the beginning and substituting “A utility

company”.

(10) Subsection 2 (5) of the Act is amended by,

(

a) striking out “by reason of an operating corporation” and

substituting “by reason of a utility company”;

operating corporation” wherever it appears and substituting in each case “the utility

company”;

(

c) striking out “appliances or works” and substituting

“utility infrastructure”; and

(

d) striking out “Ontario Municipal Board” at the end and

substituting “Local Planning Appeal Tribunal”.

(11) Section 3 of the Act is amended by,

(

a) striking out “Ontario Municipal Board” and substituting

“Local Planning Appeal Tribunal”;

(

b) striking out “any of the appliances or works mentioned in

section 2 have” and substituting “the utility infrastructure mentioned in

section 2 has”;

(

c) striking out “appliances or works should” and substituting

“utility infrastructure should”;

(

d) striking out “Board” wherever it appears and substituting in

each case “Tribunal”; and

(

e) striking out “operating corporation” and substituting

“utility company”; and

(

f) striking out “the works” and substituting “the utility

infrastructure”.

Part XII

Commencement and

Short Title

Commencement

87 This Act comes into force on the day it

receives Royal Assent.

Short title

88 The

short title of this Act is the Building Transit Faster Act, 2020 .

Bill 171 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

The Bill is about the planning and construction of the Ontario

Line, the Scarborough Subway Extension, the Yonge Subway Extension and the

Eglinton Crosstown West Extension. The following is an overview of the Bill:

Corridor control

The Bill provides that, along the transit corridors for those

projects or in their vicinity, development requires a permit, with some exception

for projects already approved. Things that pose an obstruction to construction can

be removed. Things that pose an immediate danger to construction can be removed

immediately. Also, preview inspections may take place, in which property is

entered and may be tested to do due diligence in planning and construction.

Processes are set out; in many cases, compensation and restoration are

available.

Expropriation

The Bill eliminates hearings of necessity for expropriations of property

along the transit corridors, if the expropriations are for the purpose of the

transit.

Utility company cooperation

The Bill provides a mechanism by which utility companies may be

required to move utility infrastructure, if necessary for the transit.

Municipal service and right of way access

The Bill provides a mechanism by which municipal service and right

of way access may be required to be provided for the transit. The process is

based around negotiation, with the possibility for an order if negotiation

fails.

Administration and enforcement

Many of the powers of the Minister under the Bill may be delegated

to Metrolinx or to prescribed public bodies, and Metrolinx’s powers in respect

of utility company cooperation may be delegated to other entities engaged by

Metrolinx to plan or construct a priority transit project. Enforcement tools

include stop-work orders, inspections, administrative penalties and offences.

Related amendments

The Ontario Energy Board Act, 1998 is

amended to provide that specified classes of amounts payable by utility

companies under the Bill not be included in gas or electricity rates approved

or fixed by the Ontario Energy Board, except as permitted by the regulations

made under that Act.

The utility company cooperation provisions of the Bill are similar

in substance to provisions of the Public Service Works on

Highways Act , and that Act’s terminology and mode of expression is

updated.

Bill 171 2020

An Act to enact the Building Transit Faster Act, 2020 and make

related amendments to other Acts

CONTENTS

PART I

PURPOSE AND

INTERPRETATION

Purpose

Definitions

PART II

CORRIDOR CONTROL

Development Control and

Obstruction removal

Development Control

Corridor Development Permit

Corridor

development permit

How permits work

Cancellation

Emergencies

Development in Process

Normally,

no permit required for development in process

Imposition

of permit requirement

Negotiation

negotiation fails

Review

Review

Obstruction Removal

Obstruction Removal Notice and Negotiation

Need

for obstruction removal

Obstruction

removal notice

Contents

of notice

Providing

notice

Negotiation

negotiation fails

Compensation

and restoration

Obstruction Removal

Obstruction

removal

Advance

notice

Time

of day

Identification

Accompaniment

Use

of force

Obstruction

Construction Danger Inspection

and Elimination

Construction

danger inspection

Construction

danger elimination

Compensation

and restoration

Identification

and explanation

Accompaniment

Use

of force

Informing

owner afterwards

Obstruction

Preview inspection

Preview

inspection

Compensation

and restoration

Advance

notice

Date

and time

Identification

Accompaniment

Use

of force

Obstruction

Compensation

Compensation

Municipality

or local board

PART III

EXPROPRIATION

hearings of necessity

Alternative

process

PART IV

UTILITY COMPANY COOPERATION

Notice

to utility company

Coordination

Acquiring

permits, etc.

Timelines

Application

for additional time

Apportionment

of costs

PART V

MUNICIPAL SERVICE AND RIGHT OF WAY ACCESS

Need

for municipal service and right of way access

Notice

that municipal service and right of way access required

Contents

of notice

Negotiation

negotiation fails

Municipal

service and right of way access order

Revising

or cancelling order

PART VI

ADMINISTRATION

Delegation

to Metrolinx

Ministerial

directives

Delegation

of Metrolinx’s functions,

Part IV

Designating

transit corridor land

Review

process

PART VII

ENFORCEMENT

Stop-Work Order

Stop-work

order

Contents

of stop-work order

Serving

a stop-work order

Enforcement

through court

Utility Company Cooperation

Enforcement

Court

order

Compensation

Municipal Service and Right of

Way Access Order Enforcement

Enforcement

through court

Inspections

Inspection

Time

of day

Identification

Use

of force

Obstruction

Warrants

Warrant

PART VIII

ADMINISTRATIVE PENALTIES

Administrative

penalties

PART IX

OFFENCES

Offences

Penalties

PART X

MISCELLANEOUS

Serving

a document

Non-application

of the Statutory Powers Procedure Act

cause of action

expropriation or injurious affection

Regulations

PART XI

AMENDMENTS TO OTHER ACTS

Ontario

Energy Board Act, 1998

Public

Service Works on Highways Act

PART XII

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

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

Assembly of the Province of Ontario, enacts as follows:

Part I

Purpose and

interpretation

Purpose

1 The purpose of the Act is to

expedite the delivery of the following four priority transit projects for the

Greater Toronto Area, by removing barriers and streamlining processes that may

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

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

stakeholders:

1. The Ontario Line.

2. The Scarborough Subway Extension.

3. The Yonge North Subway Extension.

4. The Eglinton Crosstown West Extension.

Definitions

2 In this Act,

“actual cost”, in respect of the costs of work carried out by a

utility company to comply with a notice under

section 46, 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”)

“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”)

“construction danger inspection and elimination” means actions

under subsection 26 (1) or 27 (1); (“visite d’inspection et activité

d’élimination d’un risque pour la construction”)

“immediate danger to construction”, in relation to a thing, means

that,

(

a) it poses an immediate danger to the health and safety of persons

working on a priority transit project, or

(

b) the only reason it does not pose an immediate danger

described in clause (

a) is because the work is not occurring, but, the Minister

is ready to have that work occur; (“ risque immédiat pour

la construction ”)

“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”)

“municipal service and right of way access” means municipal service

and right of way access referred to in

section 52; (“accès aux services

municipaux et par droit de passage”)

“municipal service and right of way access order” means a municipal

service and right of way access order made under

section 57; (“arrêté d’accès

aux services municipaux et par droit de passage”)

“obstruction removal” means an obstruction removal under

subsection 19 (1); (“activité d’enlèvement d’un obstacle”)

“obstruction removal notice” means a notice under

section 13; (“avis

d’enlèvement d’un obstacle”)

“permit” means a permit under this Act, except in,

(

a) clause (

f) of the definition of “actual cost”, and

(

b) section 48; (“permis”)

“prescribed” means prescribed by regulation; (“prescrit”)

“preview inspection” means a preview inspection under subsection 34

(1); (“inspection préalable”)

“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”)

“proponent” has the same meaning as in the Consolidated

Hearings Act ; (“promoteur”)

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

“stop-work order” means an order under

section 64; (“arrêté de

cessation des travaux”)

“transit corridor land” means land designated as transit corridor

land under

section 62; (“bien-fonds affecté à un couloir de transport en commun”)

“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 electricity or artificial or natural gas or oil 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”)

Part II

Corridor Control

Development Control and Obstruction removal

Development Control

Corridor Development Permit

Corridor development permit

3 A person needs a permit from the Minister to carry

out the following work on or near transit corridor land:

Corridor development permit

3 No person

shall carry out the following work on or near transit corridor land without a

permit issued by the Minister:

buildings, structures, roads

1. Build, alter or place a building, other structure or road, or

conduct excavation or dewatering, on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

This does not include utility infrastructure, excavation for

utility infrastructure or dewatering for utility infrastructure.

utility infrastructure

2. Build, alter or place utility infrastructure that would

require grading or excavation on or under,

i. transit corridor land, or

ii. land within 10 metres of transit corridor land.

prescribed

3. Prescribed work.

(1) The Minister may set terms and

conditions on the permit.

Changes

(2) The Minister may change the terms

and conditions at the Minister’s discretion at any time.

How permits work

(1) The

Minister may issue a permit for the purposes of

section 3.

(2) The Minister may attach terms and

discretion at any time.

Cancellation

5 The Minister may cancel the permit a permit at the

Minister’s discretion at any time.

Emergencies

(1) In an emergency, a

municipality or utility company may respond to the emergency by carrying out

work that would otherwise be prohibited by

section 3.

Notice of the work

(2) The municipality or utility company shall notify

the Minister of the work reasonably promptly.

Development in Process

Normally, no permit required for development in process

7 Work does not need a permit if that

work got all legally required approvals before a designation of land as transit

corridor land brought that work within the ambit of

section 3.

Imposition of permit requirement

8 The Minister may, by notice to the work’s

proponent, impose a requirement that, if the work is not completed during the

period ending on the day that is six months after the day that the notice was served,

the work needs a permit after that time, unless an alternative approach is

negotiated.

Negotiation

9 The Minister shall attempt to enter

into negotiations, and negotiate in good faith, to enable the work to be carried

out,

(

a) to the extent possible;

(

b) on a reasonable timeline; and

(

c) in a manner compatible with the needs and timelines of a priority

transit project.

If negotiation fails

(1) If an agreement has

not been reached during the period ending on the day that is six months after the

day that the notice was served, the exception in

section 7 ceases to apply,

such that a person needs a permit from the Minister under

section 3 to carry

out the work.

Discretion to impose permit

(2) The Minister may, by notice to the work’s

proponent, impose such a permit.

Review

Review

11 A person may seek a review of a decision

with respect to permits if the Minister has established a review process under

section 63.

Obstruction Removal

Obstruction Removal Notice and Negotiation

Need for obstruction removal

12 The Minister may determine that the

construction of a priority transit project requires the alteration or removal

of any of the following things, whether or not they are there in violation of

section 3:

structures

1. A structure on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

This does not include the removal of a building, road or utility

infrastructure, but does include the removal of part of a building.

trees, shrubs, hedges

2. A tree, shrub or hedge on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

prescribed

3. A prescribed thing.

Obstruction removal notice

13 The Minister may notify a property owner

that the alteration or removal of the thing on their property is required.

Contents of notice

14 The obstruction removal notice

shall be in writing and include the following information:

1. The work to be carried out.

2. The date by which the work must be completed.

3. That the owner shall be negotiated with in good faith to

further the work.

4. That if agreement has not been reached during the period

ending on the day that is 30 days after the day that the notice was served, the

Minister may carry out an obstruction removal with respect to the work.

5. The entitlement to compensation.

6. The procedure for determining compensation.

7. That if the owner obstructs an obstruction removal, they

lose their entitlement to compensation.

8. Contact information for further information.

Providing notice

(1) An obstruction

removal notice shall be provided to the owner personally or by registered mail.

Deemed receipt

(2) An obstruction removal notice sent by registered

mail is deemed to be received on the second business day after it was mailed.

Failure to receive document

(3) Subsection (2) does not apply if the person

establishes that they, acting in good faith, did not receive the obstruction

removal notice or received it on a later date because of a reason beyond the

person’s control, including absence, accident, disability or illness.

Negotiation

16 The Minister shall attempt to enter

into negotiations, and negotiate in good faith, to reach an agreement on how to

carry out the work.

If negotiation fails

17 If an agreement has not been

reached during the period ending on the day that is 30 days after the day that the

notice is served, the Minister may carry out an obstruction removal under

section 19 with respect to the work.

Compensation and restoration

18 If the thing was not there in

violation of

section 3 or municipal by-laws, and got all legally required

approvals, the Minister shall,

(

a) compensate the owner for the thing altered or removed and for

any damages resulting from the work, and the procedure for determining

compensation set out in

section 42 applies; and

(

b) if the Minister carries out the work, after carrying out

the work,

(

i) make reasonable efforts to restore the property to

its conditions prior to the work, aside from the alterations or removals described

in the notice, and

(ii) plant trees to replace any trees that were removed,

and do so in accordance with,

(

A) any regulations on tree

replacement, or

(

B) if there are not

regulations on tree replacement, in accordance with the applicable municipal

by-laws on tree replacement, with any necessary modifications.

Obstruction Removal

Obstruction removal

(1) If an agreement has

not been reached during the period ending 30 days after the obstruction removal

notice is served, the Minister may carry out an obstruction removal, which

consists of entering the property and doing whatever is necessary to carry out

the work.

Dwellings

(2) An obstruction removal shall not take place in a

dwelling.

Compensation and restoration

(3) Section 18 applies to an obstruction removal.

Advance notice

(1) The Minister shall

provide advance notice of the obstruction removal to the property owner.

Contents

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

and approximate time of the obstruction removal.

Time of day

21 An obstruction removal 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; or

(

c) at any time during daylight hours.

Identification

22 An individual who carries out an

obstruction removal shall produce, on request, evidence of being authorized to do

so.

Accompaniment

23 An individual who carries out an

obstruction removal may be accompanied by one or more individuals under their

direction to assist with the obstruction removal.

Use of force

24 An individual who carries out an

obstruction removal is not entitled to use force to enter the

property to

carry out the obstruction removal.

Obstruction

(1) A person shall not

hinder, obstruct or interfere with an obstruction removal.

Loss of compensation entitlement

(2) A person who hinders, obstructs or interferes with

an obstruction removal loses any entitlement to compensation under

section 18

and subsection 19 (3).

Construction Danger Inspection and Elimination

Construction danger inspection

(1) The Minister may enter

a property to inspect any of the following things that, in the opinion of the

Minister, may pose an immediate danger to construction:

structures

1. A structure on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

This does not include a building, road or utility infrastructure,

but does include part of a building.

trees, shrubs, hedges

2. A tree, shrub or hedge on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

prescribed

3. A prescribed thing.

No notice

(2) The Minister does not need to provide notice of the

entry and inspection to anyone.

Construction danger elimination

(1) If, upon inspection,

there is a thing described in subsection 26 (1) that, in the opinion of the

Minister, poses an immediate danger to construction, the Minister may enter the

property and remove or otherwise eliminate the thing.

Notice

(2) Before entering and removing or otherwise

eliminating the thing, the Minister shall make reasonable efforts to notify

the property owner, tenant or occupant.

Compensation and restoration

28 If the thing was not there in

violation of

section 3 or municipal by-laws, and got all legally required

approvals, the Minister shall,

(

a) compensate the owner for the thing removed or eliminated

and for any damages resulting from the work, and the procedure for determining

compensation set out in

section 42 applies; and

(

b) if the Minister carries out the work, after carrying out

the work,

(

i) make reasonable efforts to restore the property to

its conditions prior to the work, aside from the removal or elimination, and

(ii) plant trees to replace any trees that were removed,

and do so in accordance with,

(

A) any regulations on tree

replacement, or

(

B) if there are not

regulations on tree replacement, in accordance with the applicable municipal

by-laws on tree replacement, with any necessary modifications.

Identification and explanation

29 The individual who carries out construction

danger inspection and elimination shall, on request,

(

a) produce evidence of being authorized to do so; and

(

b) make reasonable efforts to explain what they are doing and

why they are doing it.

Accompaniment

30 The individual who carries out

construction danger inspection and elimination may be accompanied by one or

more individuals under their direction to assist with the construction danger

inspection and elimination.

Use of force

31 The individual who carries out

construction danger inspection and elimination may request police assistance and

a police officer who accepts the request may use whatever force is necessary to

assist the construction danger inspection and elimination.

Informing owner afterwards

32 Unless the property owner has

already been informed, after the construction danger inspection and elimination,

the Minister shall make reasonable efforts to promptly inform the owner of,

(

a) the construction danger inspection and elimination;

(

b) the entitlement to compensation; and

(

c) the procedure for determining compensation.

Obstruction

(1) A person shall not

hinder, obstruct or interfere with a construction danger inspection and

elimination.

Loss of compensation entitlement

(2) A person who hinders, obstructs or interferes with

the carrying out of a construction danger inspection and elimination loses any

entitlement to compensation under

section 28.

Preview inspection

Preview inspection

(1) For the purpose of

carrying out due diligence in planning and constructing a priority transit

project, the Minister may carry out a preview inspection, which consists of,

(

a) entering a property that the Minister does not otherwise

have a right of entry to and that is at least partly either on transit corridor

land or within 30 metres of transit corridor land;

(

b) making records of the property and surrounding area; and

(

c) conducting tests.

Dwelling

(2) A preview inspection shall not take place in a

dwelling.

Compensation and restoration

35 If the Minister conducts tests,

after conducting the tests, the Minister shall,

(

a) compensate the owner for any damages resulting from the

work, and the procedure for determining compensation set out in

section 42

applies; and

(

b) make reasonable efforts to restore the property to its

conditions prior to the work.

Advance notice

(1) The Minister shall

provide advance notice of a preview inspection to the property owner at least

30 days in advance of the preview inspection.

Contents

(2) The advance notice shall be in writing and include

the following information:

1. The intended date and approximate time of the preview

inspection, with a statement that reasonable efforts will be made to have the

preview inspection at a date and time that is mutually convenient.

2. The approximate duration of the preview inspection.

3. The purpose of the preview inspection.

4. The entitlement to compensation.

5. The procedure for determining compensation.

6. That if the owner obstructs the preview inspection, they

lose their entitlement to compensation.

7. Contact information for further information.

Date and time

(1) The Minister shall

make reasonable efforts to have the preview inspection take place at a date and

time that is mutually convenient to the Minister and the owner.

If no agreement

(2) If no mutually convenient time is identified, the

preview 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; or

(

c) at any time during daylight hours.

Identification

38 An individual who carries out the

preview inspection shall produce, on request, evidence of being authorized to

do so.

Accompaniment

39 An individual who carries out the

preview inspection may be accompanied by one or more individuals under their

direction to assist with the preview inspection.

Use of force

40 An individual who carries out the preview

inspection is not entitled to use force to enter the

property to

carry out the preview inspection.

Obstruction

(1) A person shall not

hinder, obstruct or interfere with a preview inspection.

Loss of compensation entitlement

(2) A person who hinders, obstructs or interferes with

a preview inspection loses any entitlement to compensation under

section 35.

Compensation

Compensation

(1) This

section sets

out the procedure for determining compensation in relation to,

(

a) an agreement in response to an obstruction removal notice,

if the agreement does not settle the compensation;

(

b) an obstruction removal;

(

c) a construction danger inspection and elimination; or

(

d) a preview inspection.

Particulars

(2) The Minister may require a person who claims

compensation to provide the Minister with a true statement showing the

particulars of the person’s interest in the property and the claim made by the

person.

Compensation dispute

(3) If the Minister and the person do not agree on

compensation, either of them may apply to the Local Planning Appeal Tribunal to

determine compensation.

Interest

(4) 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

(5) Despite subsection (4),

(

a) if the person was offered in writing compensation greater

than the amount determined by the Tribunal, no interest may be ordered 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 person,

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

for which the person 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

43 If the 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

sections 18, 28, 35 and 42,

(

a) the Minister may compensate the owner for any damages

resulting from the work, but does not have to;

(

b) if the Minister compensates the 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 owner for the thing altered, removed or eliminated, and the

procedure for determining compensation set out in

section 42 does not apply.

Part III

Expropriation

No hearings of necessity

44 (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,

(

a) the land is at least partly on transit corridor land; and

(

b) the expropriation is for a priority transit project.

This

section prevails

(2) Subsection (1) of this

section applies despite

subsection 2 (4) of the Expropriations Act .

Alternative process

(1) The Minister may

establish a process for receiving comments from property owners about a

proposed expropriation and for considering those comments.

How process established

(2) The Minister may establish the process by

regulation or by another means.

Part IV

Utility Company Cooperation

Notice to utility company

(1) Metrolinx may by

notice require a utility company to take up, remove or change the location of the

utility company’s utility infrastructure if, in the opinion of Metrolinx, it is

necessary for a priority transit project.

Form and service

(2) The notice must be in writing and must be served

personally, by registered mail or by email.

Deemed receipt

(3) A notice sent by email is deemed to have been

received on the first business day after the day it was sent, unless the

utility company establishes that it, acting in good faith, did not receive the

notice or received it on a later date because of a reason beyond its control,

including absence, accident, disability or illness.

Coordination

47 After the utility company receives

the notice, Metrolinx and the utility company shall enter reasonably promptly

into negotiations to coordinate the taking up, removal or changing of the

location.

Acquiring permits, etc.

48 The utility company shall make reasonable

efforts to acquire any permits, approvals and property rights necessary to

comply with the notice.

Timelines

49 The notice shall specify the date

by which the notice must be complied with, and the date shall be the date

agreed on by Metrolinx and the utility company, or, in default of agreement,

shall be at least 60 days after the notice is served.

Application for additional time

(1) The utility company

may apply to a judge of the Superior Court of Justice for an order altering the

date specified in the notice to a later date.

Notice

(2) The utility company shall give Metrolinx such

notice of the application as a judge of the Superior Court of Justice directs.

Test and order

(3) If the judge finds that the physical, technical or

other difficulties in complying with the notice require additional time, the

judge may make whatever order is appropriate.

Apportionment of costs

(1) Metrolinx and the utility

company may agree on the apportionment of the actual cost of the work.

If no agreement

(2) If no agreement is reached, Metrolinx must bear the

actual cost of the work.

Part V

Municipal service and right of way access

Need for municipal service and right of way access

52 Metrolinx may determine that,

(

a) the construction of a priority transit project requires municipal

service and right of way access in the form of the use, occupation, modification

or temporary closure of a municipal highway or municipal right of way; or

(

b) the construction or operation of a priority transit project

requires municipal service and right of way access in the form of use of, access

to or modification of,

(

i) infrastructure that is,

(

A) related to sewage works,

water works or fire hydrants, and

(

B) under municipal ownership

or control, and

(ii) municipal services related to that infrastructure.

Notice that municipal service and right of way access required

53 Metrolinx may notify a municipality

that municipal service and right of way access is required.

Contents of notice

54 The notice shall be in writing and

include the following information:

1. The particulars of what municipal service and right of way

access is required.

2. The date that the municipal service and right of way access

is required by.

Negotiation

55 After the municipality receives the

notice, Metrolinx and the municipality shall enter reasonably promptly into

negotiations to agree on terms for the municipal service and right of way

access.

If negotiation fails

56 If, in the Minister’s opinion, Metrolinx

and the municipality will not be able to agree on terms for the municipal

service and right of way access even though Metrolinx made reasonable efforts

to reach an agreement, the Minister may at any time develop a municipal service

and right of way access order as follows:

1. The Minister shall consult with Metrolinx and the

municipality.

2. The consultation shall occur in the manner that, in the

Minister’s opinion, is appropriate.

3. The Minister may require Metrolinx and the municipality to produce

information that, in the Minister’s opinion, the Minister requires to develop

the order.

4. The Minister may obtain technical or other advice on the

development of the municipal service and right of way access order.

Municipal service and right of way access order

(1) The Minister may

make a municipal service and right of way access order developed under

section 56

requiring the municipal service and right of way access, and Metrolinx and the

municipality shall comply with it.

Terms

(2) The order may require the municipality to provide the

municipal service and right of way access set out in the order, and set terms governing

Metrolinx and the municipality in respect of the municipal service and right of

way access, which may include the following:

1. Implementation of adequate measures to mitigate the impact

on the public of the municipal service and right of way access. As an option,

the measures may include notification to the municipality and the public of

matters concerning the municipal service and right of way access.

2. Provision of resources and compensation to address the

impact on the municipality of the municipal service and right of way access.

3. Measures to address potential municipal liability arising

from the municipal service and right of way access.

4. Technical standards that must be met to support the municipal

service and right of way access.

5. Dispute resolution provisions.

6. Other terms.

Revising or cancelling order

(1) The Minister may

determine that a municipal service and right of way access order needs to be

revised or cancelled.

Notice that revising or cancelling required

(2) If the Minister determines that the order needs to

be revised or cancelled, the Minister shall notify Metrolinx and the

municipality.

Contents

(3) The notice shall be in writing and shall include

the following information:

1. The particulars of why the order needs to be revised or

cancelled, and if revision is required, what sort of revision is required.

2. The date that the revision or cancellation is to take

effect.

Negotiation, development and terms

(4) Sections 55 to 57 apply, with necessary

modifications, to the revision or cancellation of the order.

Part VI

Administration

Delegation to Metrolinx

(1) The Minister may, by

regulation, delegate their functions under this Act 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.

Exceptions

(2) Subsection (1) does not apply to the following

functions:

1. The Minister’s authority to make and approve regulations.

2. The Minister’s authority to issue directives.

3. The Minister’s authority to develop, make, revise or cancel

a municipal service and right of way access order.

Ministerial directives

(1) The Minister may

issue directives in writing to,

(

a) Metrolinx, in respect of any matter under this Act; or

(

b) a prescribed public body under

section 59, in respect of

any function delegated to that prescribed public body.

Implementation, Metrolinx

(2) Metrolinx’s board of directors shall ensure the

directives to Metrolinx are implemented promptly and efficiently.

Same, prescribed public body

(3) The board of directors of a prescribed public body under

section 59 shall ensure the directives to the public body are implemented

promptly and efficiently, and if the public body does not have a board of

directors, the directing minds of the public body shall do so.

Directive not a regulation

(4) A directive is not a regulation within the meaning

Part III (Regulations) of the Legislation Act, 2006 .

Delegation of Metrolinx’s functions,

Part IV

(1) Metrolinx may delegate

its functions under

Part IV to another entity engaged by Metrolinx to plan or

construct a priority transit project if the other entity consents, subject to

any conditions and restrictions set out in the delegation.

Revocation

(2) Metrolinx may revoke the delegation at its

discretion at any time.

Exception

(3) Metrolinx may not delegate to the other entity

Metrolinx’s function of forming an opinion for the purpose of subsection 46

(1) as to what is necessary for a priority transit project.

Clarification

(4) For greater certainty, Metrolinx may not delegate

to the other entity Metrolinx’s functions under sections 68 and 69.

Designating transit corridor land

(1) The Lieutenant

Governor in Council may, by order in council, designate land as transit

corridor land if, in the opinion of the Lieutenant Governor in Council, it is or

may be required for a priority transit project.

Different designations for different purposes

(2) The Lieutenant Governor in Council may designate

the land for some of the purposes of this Act and not others, and may later

further designate the land for other purposes of this Act.

Notice and registration

(3) Upon land being designated as transit corridor land,

the Minister shall,

(

a) make reasonable efforts to notify the owners and occupants

of land that is at least partly either on transit corridor land or within 30

meters of transit corridor land of,

(

i) the designation, and

(ii) this Act; and

(

b) either,

(

i) register a notice of designation under the Land Titles Act or Registry Act

in respect of land described in clause (a), or

(ii) carry out the prescribed public notice process.

Revocation

(4) If the Lieutenant Governor in Council revokes a

designation, the Minister shall register the documents necessary to effect the

removal of the notice referred to in subclause (3) (b) (i).

Review process

(1) The Minister may

establish a review process with respect to permits.

Notification

(2) If a review process has been established, the

Minister shall ensure that notifications of decisions with respect to permits are

accompanied with a notice of what the review process is.

Fees

(3) The Minister may set fees for the review process.

Part VII

Enforcement

Stop-Work Order

Stop-work order

(1) The Minister may

order work described in

section 3 to stop, and every person to whom the order

is issued shall comply with the order.

Exception

(2) The Minister shall not order the following work to

stop under subsection (1):

1. Work authorized by a permit and carried out in accordance

with that permit.

2. Work that, under sections 7 to 10, does not need a permit.

Contents of stop-work order

65 A stop-work order shall be in

writing and include the following information:

1. What work must stop.

2. The consequences of failing to comply with the order,

including the associated offence and potential fine.

Serving a stop-work order

(1) A stop-work order

shall be provided to the persons to whom it is issued personally or by

registered mail.

Deemed receipt

(2) A stop-work order sent by registered mail is deemed

to be received on the second business day after it was mailed.

Failure to receive document

(3) Subsection (2) does not apply if the person

establishes that they, acting in good faith, did not receive the stop-work

order or received it on a later date because of a reason beyond the person’s

control, including absence, accident, disability or illness.

Enforcement through court

67 A stop-work order may be filed in

the Superior Court of Justice and then may be enforced as if it were an order

of that court.

Utility Company Cooperation Enforcement

Court order

68 If a utility company fails to

comply with a notice under

section 46 or an order under

section 50, a judge of

the Superior Court of Justice may, on an application made by Metrolinx,

(

a) order the utility company to comply; or

(

b) authorize Metrolinx to carry out the work described in the

notice.

Compensation

(1) A utility company

shall compensate Metrolinx for a loss or expense incurred because the utility

company failed to comply with a notice under

section 46 or an order under

section 50.

Agreement as to compensation

(2) Metrolinx and the utility company may agree upon

the compensation.

no agreement

(3) If no agreement is reached, a claim for

compensation under this

section shall be determined by the Local Planning

Appeal Tribunal on application by Metrolinx.

Amounts not compensable

(4) The compensation that Metrolinx is entitled to

under subsection (1) does not include,

(

a) if the utility company carries out the work, the actual

cost of the utility company’s work that is apportioned to Metrolinx under

subsection 51 (1) or the actual cost of the utility company’s work that subsection

51 (2) requires Metrolinx to bear; or

(

b) if Metrolinx carries out the work under clause 68 (b), Metrolinx’s

costs of carrying out the work.

Municipal Service and Right of Way Access Order

Enforcement

Enforcement through court

70 A municipal service and right of

way access order may be filed in the Superior Court of Justice and then may be

enforced as if it were an order of that court.

Inspections

Inspection

(1) For the purpose of

ensuring that a permit or stop-work order is being complied with, the Minister

may enter and inspect the property that the permit or stop-work order relates

to.

Dwellings

(2) The inspection shall not take place in a dwelling.

Time of day

72 The 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; or

(

c) at any other time during daylight hours, upon giving two

days notice.

Identification

73 An individual who carries out the

inspection shall produce, on request, evidence of being authorized to do so.

Use of force

74 An individual who carries out the

inspection is not entitled to use force to enter and carry out the inspection.

Obstruction

75 A person shall not hinder, obstruct

or interfere with the inspection.

Warrants

Warrant

(1) A justice of the

peace may issue a warrant authorizing an individual named in the warrant to

enter private property property specified in

the warrant to carry out an inspection under

section 71 or to carry out a

preview inspection or an obstruction removal, if the justice of the peace is

satisfied on information under oath that,

(

a) an individual has been prevented from carrying out an

inspection under

section 71, a preview inspection or an obstruction removal;

(

b) there are reasonable grounds to believe that an individual

will be prevented from carrying out an inspection under

section 71, a preview

inspection or an obstruction removal; or

(

c) in the case of an obstruction removal, it is more

reasonable to carry out the obstruction removal at times other than only during

daylight hours than it is to carry it out only during daylight hours.

Expiry of warrant

(2) The warrant shall state a date that it expires on,

and that date shall not be later than 30 days after the warrant is issued.

Extension of time

(3) A justice of the peace may extend the date the

warrant expires on for an additional period of no more than 30 days, upon

application without notice by the individual named in the warrant.

Time of day

(4) Unless the warrant specifies otherwise, the warrant

may only be executed,

(

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; or

(

c) at any time during daylight hours.

Identification

(5) The individual named in the warrant shall produce,

on request, evidence of,

(

a) the warrant; and

(

b) being the person named in the warrant.

Accompaniment

(6) Unless the warrant specifies otherwise, the

individual named in the warrant may be accompanied by one or more individuals under

their direction to assist in executing the warrant.

Use of force

(7) The individual named in the warrant may request

police assistance and a police officer who accepts the request may use whatever

force is necessary to assist in executing the warrant.

the justice of the peace considers advisable in the circumstances.

Part VIII

Administrative Penalties

Administrative penalties

Purpose

(1) The purpose of an

administrative penalty imposed under this

section is,

(

a) to ensure compliance with prescribed provisions of this Act

and the regulations; or

(

b) to prevent a person or entity from deriving, directly or

indirectly, any economic benefit as a result of contravening the prescribed

provisions.

Order imposing administrative penalties

(2) If the Minister is satisfied that a person is

contravening or not complying with a prescribed provision of this Act or the

regulations, the Minister may, by order, impose an administrative penalty on

the person in accordance with this

section and the regulations.

Maximum administrative penalty

(3) An administrative penalty shall not exceed a

maximum of $500,000 or such lesser amount as may be prescribed.

Limits on administrative penalty

(4) Despite the maximum administrative penalty set out

in subsection (3), if the administrative penalty is with respect to a contravention

or failure to comply that constitutes an offence, the amount of an

administrative penalty shall not exceed the maximum fine that would be

applicable to the person for the offence.

Administrative penalty may be imposed with other measures

(5) An administrative penalty may be imposed alone or

in conjunction with any other regulatory measure provided by this or any other

Act, and may be imposed in conjunction with a fine imposed for the same

infraction.

Limitation

(6) An administrative penalty may only be imposed

within the prescribed time period.

No right to be heard

(7) There is no right to be heard before an order

imposing an administrative penalty is made.

Right to review

(8) A person who receives an order imposing an

administrative penalty may request a prescribed individual to review the order by

applying to the prescribed individual for a review in a form approved by the

Minister,

(

a) within a prescribed number of days after the order is

served; or

(

b) within a longer period specified by the prescribed

individual, if the prescribed individual considers it appropriate in the

circumstances to extend the time for applying.

If no review requested

(9) If a person who has received an order imposing an

administrative penalty does not apply for a review under subsection (8), the

person shall pay the penalty within 30 days after the day the order was served.

If review requested

(10) If a person who has received an order imposing an administrative

penalty applies for a review under subsection (8), the prescribed individual

shall conduct the review in accordance with the regulations.

Stay of order

(11) A review commenced under subsection (8) operates

as a stay of the order until the matter is finally disposed of.

Prescribed individual’s decision

(12) On a review, the prescribed individual may,

(

a) find that the person did not contravene the provision of

this Act or the regulations specified in the order, and rescind the order;

(

b) find that the person did contravene the provision of this

Act or the regulations specified in the order and affirm the order; or

(

c) find that the person did contravene the provision but that

the penalty is excessive in the circumstances or is, by its magnitude, punitive

in nature having regard to all the circumstances, and in that case the prescribed

individual shall amend the order by reducing the amount of the penalty.

Decision final

(13) The prescribed individual’s decision is final.

Payment after review

(14) If the prescribed individual finds under clause (12)

(

b) or (

c) that a person has contravened the provision of this Act or the

regulations specified in the order, the person shall pay the penalty required

by the prescribed individual within 30 days after the day the decision was

made.

Enforcement of administrative penalty

(15) If the person fails to pay the administrative

penalty within the time required, the order or the prescribed individual’s

decision, as the case may be, may be filed in the Superior Court of Justice and

then may be enforced as if it were an order of that court.

Postjudgment interest

(16) Section 129 of the Courts of

Justice Act applies in respect of an order or decision filed in the

Superior Court of Justice under subsection (15) and the date on which the order

or decision is filed under subsection (15) is deemed to be the date of the

order that is referred to in

section 129 of the Courts of

Justice Act .

Part IX

Offences

Offences

Contravene development control

(1) Every person who

offence.

Obstruct an obstruction removal

(2) Every person who contravenes subsection 25 (1) is

guilty of an offence.

Obstruct construction danger inspection and elimination

(3) Every person who contravenes subsection 33 (1) is guilty

of an offence.

Obstruct preview inspection

(4) Every person who contravenes subsection 41 (1) is

guilty of an offence.

Fail to comply with stop-work order

(5) Every person who fails to comply with subsection 64

(1) is guilty of an offence.

Obstruct inspection

(6) Every person who contravenes

section 75 is guilty

of an offence.

Penalties

79 A person who is guilty of an

offence under

section 78 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.

Part X

Miscellaneous

Serving a document

(1) Except as otherwise

provided under this Act, a notice, order or document that is required to be

given or served on a person under this Act is sufficiently given or served if

it is,

(

a) delivered directly to the person;

(

b) sent by registered mail to the person’s last known address;

(

c) sent by email to the person’s last known email address; or

(

d) given by other means specified by the regulations.

Deemed receipt

(2) Subject to subsection (3),

(

a) a document sent under clause (1) (

c) is deemed to have been

received on the first business day after the day it was sent; and

(

b) a document sent under clause (1) (

d) is deemed to have been

received on the day specified by the regulations.

Failure to receive document

(3) Subsection (2) does not apply if the person

establishes that they, acting in good faith, did not receive the document or

received it on a later date because of a reason beyond their control, including

absence, accident, disability or illness.

Non-application of the Statutory Powers

Procedure Act

81 The Statutory

Powers Procedure Act does not apply to:

1. A review of a decision with respect to permits under

section 11.

2. A process for receiving and considering comments about a

proposed expropriation under

section 45.

3. A review of an administrative penalty under

section 77.

No cause of action

(1) No cause of action

arises against the persons or entities described in subsection (2) in respect

of,

(

a) the enactment of this Act;

(

b) the making of a regulation;

(

c) the making of a designation under

section 62;

(

d) the granting or denial of a permit, the setting of terms

cancellation of a permit or the imposition or non-imposition of a per