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Bill 131, Transportation for the Future Act, 2023

Surma, Hon. Kinga Minister of Infrastructure

Royal Assent received. Statutes of Ontario 2023,

chapter 17

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As Amended by Standing Committee

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Bill 131 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 131 and does not form part of the law.

Bill 131 has been enacted as

Chapter 17 of the Statutes of Ontario, 2023.

SCHEDULE 1

CITY OF TORONTO ACT, 2006

The

City of Toronto Act, 2006 is amended to provide

that the TTC may enter into an agreement with a municipality or local board

authorizing the municipality or local board to operate, maintain or both

operate and maintain part of a local passenger transportation system within the

City.

SCHEDULE 2

GO TRANSIT STATION FUNDING ACT, 2023

The

Schedule enacts the GO Transit Station Funding Act, 2023 .

The

Act will apply to municipalities that are prescribed by regulation. (Section 2)

The

council of a municipality may, by by-law, impose transit station charges on

development to pay for costs related to the construction of a new GO transit

station. Certain objectives of the by-law, which the council must be guided by,

are set out. Charges may be imposed only for certain types of development.

(Section 3)

transit station charge by-law must include a map of the area where charges may

be imposed and rules for determining if a charge is payable and the amount of

the charge. (Section 4)

Before

passing a transit station charge by-law, the council of a municipality must

complete a background study, give notice of and consult on the study and

proposed by-law, pass a resolution requesting the Minister’s consent and obtain

such consent. (Section 6)

transit station charge is payable when a building permit is issued. Some

exceptions are provided for including agreements with the municipality for

charges to be payable at a different time. A municipality may charge interest

on unpaid charges and an unpaid charge may be collected in the same manner as

taxes. (Sections 7 to 11)

Transit

station charges may be used to pay only the costs the charges were imposed for,

interest on amounts a municipality borrows to pay such costs and any other

amounts provided for in the transit station charge by-law. (Section 12)

Miscellaneous

provisions provide for the registration of by-laws against land, provisions

relating to tiered municipalities, certain financial matters and the making of

regulations by the Lieutenant Governor in Council. (Sections 13 to 19)

Consequential

amendments are made to the City of Toronto Act, 2006

and the Municipal Act, 2001 . (Sections 20 and 21)

Bill 131 2023

Act to enact the GO Transit Station Funding Act, 2023 and to amend the City of

Toronto Act, 2006

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

City

of Toronto Act, 2006

Schedule 2

Transit Station Funding Act, 2023

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

This Act consists of this section, sections 2 and 3 and the Schedules to this

Act.

Commencement

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

into force on the day it receives Royal Assent.

(2) The

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

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

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

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

The

short title of this Act is the Transportation for the Future Act, 2023 .

SCHEDULE 1

CITY OF TORONTO ACT, 2006

(1) Section 395 of the City of Toronto Act,

2006 is amended by adding the following subsection:

Agreements

with municipality or local board

(5) Despite

subsection (1), the TTC may enter into an agreement with a municipality or

local board authorizing the municipality or local board to operate, maintain or

both operate and maintain, within the City, part of the municipality’s or local

board’s local passenger transportation system on the conditions specified in

the agreement.

(2) Section

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

Same

(6) Where

an agreement is made pursuant to subsection (5) for the purpose of integrating

the services of the local passenger transportation system with those of the

system operated by the TTC, the agreement is not a sale or transfer or deemed sale

or transfer of the operation or part of the operation of the TTC under the Labour Relations Act , 1995 .

(3) Section

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

Same

(7) Where

an agreement is made pursuant to subsection (5) for the purpose of integrating

the services of the local passenger transportation system with those of the

system operated by the TTC, the agreement does not constitute contracting out

for the purposes of,

(

a) any

collective agreement to which the TTC is a party, including any collective

agreement in operation on the day subsection 1 (3) of

Schedule 1 to the Transportation for the Future Act, 2023 comes into force;

and

(

b) any

agreement that continue to apply following the expiry of the collective

agreement.

Plan

to Build Act (Budget Measures), 2022

Schedule 1 to the Plan to Build Act (Budget Measures),

2022 is repealed.

Commencement

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

Schedule

comes into force on the day the Transportation for the

Future Act, 2023 receives Royal Assent.

(2) Subsections

1 (2) and (3) come into force on a day to be named by proclamation of the

Lieutenant Governor.

SCHEDULE 2

GO TRANSIT STATION FUNDING ACT, 2023

CONTENTS

Definitions and Application

Definitions

Application

Transit Station Charge By-laws

Transit

station charge by-laws

Requirements

for by-law

Commencement

Preconditions

to passing of by-law

Transit Station Charges

When

charge is payable

Agreement,

early or late payment

Withholding

of building permit if charge due but not paid

Interest

on unpaid charges

Unpaid

charges added to tax roll

Use

of charges

Miscellaneous

Registration

of by-law

Upper-tier

municipalities, transit station charges

upper-tier issues building permits

Agreement,

upper-tier to collect charges

Statement

of treasurer

Incurring

debt, issuing debentures, etc.

Regulations

Amendments to Other Acts

City

of Toronto Act, 2006

Municipal

Act, 2001

Commencement and

Short Title

Commencement

Short

title

Definitions and Application

Definitions

1 In this Act,

“development”

includes redevelopment; (“aménagement”)

“GO

Transit station” means a station that is part of the GO Transit system as

defined in the Metrolinx Act, 2006 ; (“station du

réseau GO”)

“Minister”

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

Council to whom responsibility for the administration of this Act may be

assigned or transferred under the Executive Council Act ;

(“ministre”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

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

“transit

station charge” means a charge imposed by a transit station charge by-law; (“redevances

relatives aux stations de transport en commun”)

“transit

station charge by-law” means a by-law made under

section 3. (“règlement

municipal sur les redevances relatives aux stations de transport en commun”)

Application

2 This Act applies only with respect to prescribed

municipalities.

Transit Station Charge By-laws

Transit

station charge by-laws

(1) The council of a municipality may, subject

to the requirements of

section 6, by by-law impose a transit station charge

against land to pay for costs related to the construction of a GO Transit

station that the municipality has agreed to pay.

Guidance

for council

(2) In

considering whether to pass a by-law, the council shall be guided by the

principle that the objective of the by-law should be,

(

a) to

support the creation of local and regional transit connections;

(

b) to

encourage the creation and growth of transit-oriented communities near the GO

Transit station; and

(

c) to

recover costs related to the construction of the GO Transit station in a

reasonable, transparent and fair manner.

Limitation

— only to new stations

(3) A

by-law may be passed in relation to a GO Transit station only if construction

of the station did not begin before the day the Transportation

for the Future Act, 2023 received Royal Assent.

Same

(4) Subsection

(3) does not apply to,

(

a) the

amendment of a transit station charge by-law; or

(

b) the

passing of a new transit station charge by-law after a previous transit station

charge by-law is repealed.

Limitation

— type of development

(5) A

transit station charge may be imposed only for development that requires,

(

a) the

passing of a zoning by-law or of an amendment to a zoning by-law under

section

34 of the Planning Act ;

(

b) the

approval of a minor variance under

section 45 of the Planning

Act ;

(

c) a

conveyance of land to which a by-law passed under subsection 50 (7) of the Planning Act applies;

(

d) the

approval of a plan of subdivision under

section 51 of the Planning

Act ;

(

e) a

consent under

section 53 of the Planning Act ;

(

f) the

approval of a description under

section 9 of the Condominium

Act, 1998 ; or

(

g) the

issuing of a permit under the Building Code Act, 1992

in relation to a building or structure.

Excluded

development

(6) A

transit station charge does not apply with respect to prescribed development.

Limited

exemption

(7) No

land, except land owned by and used for the purposes of a municipality or a

board as defined in subsection 1 (1) of the Education Act ,

is exempt from a transit station charge by reason only that it is exempt from

taxation under

section 3 of the Assessment Act .

Requirements

for by-law

4 A transit station charge by-law shall include the

following:

1. A

map of the area within which transit station charges may be imposed.

2. The

rules to determine if a transit station charge is payable in any particular

case and to determine the amount of the charge.

3. Anything

required by the regulations.

Commencement

5 A transit station charge by-law or a by-law amending it

comes into force on the later of the day it is passed and the day specified in

the by-law, if any.

Preconditions

to passing of by-law

(1) Before a council may pass a transit station

charge by-law, the council must, in accordance with this section,

(

a) complete

a background study that includes the prescribed information and meets any other

prescribed requirements;

(

b) give

notice of the background study and the proposed by-law to the public in such

manner as the municipality considers appropriate and consult with such persons,

public bodies and communities as the municipality considers appropriate;

(

c) pass

a resolution requesting that the Minister consent to the passing of the by-law;

and

(

d) obtain

the Minister’s consent to pass the by-law, subject to any modifications that

the Minister may specify.

Resolution

requirements

(2) A

resolution under clause (1) (

c) shall,

(

a) identify

the area to which the proposed by-law would apply; and

(

b) include

a draft of the proposed by-law.

Forwarding

to Minister

(3) No

later than 15 days after the resolution is passed, the municipality shall

forward to the Minister,

(

a) a

copy of the resolution and background study;

(

b) a

description of the consultation undertaken under clause (1) (b); and

(

c) any

prescribed information and material.

Other

information

(4) The

Minister may require the municipality to provide such other information or

material that the Minister considers necessary for the purposes of this Act.

Consent

(5) The

Minister may give consent to the municipality to,

(

a) pass

the proposed by-law; or

(

b) pass

the proposed by-law with such modifications as the Minister may specify.

Application

to amendments

(6) This

section applies, with necessary modifications, to an amendment of a transit

station charge by-law.

Transit Station Charges

When

charge is payable

(1) A transit station charge is payable for a

development upon a building permit being issued for the development.

Multiple

building permits

(2) If

a development consists of one building that requires more than one building

permit, the transit station charge for the development is payable upon the

first building permit being issued.

Multiple

phases

(3) If

a development consists of two or more phases that will not be constructed

concurrently and are anticipated to be completed in different years, each phase

of the development is deemed to be a separate development for the purposes of

this section.

Rental

housing development, institutional development

(4) The

regulations may provide for transit station charges for rental housing

development and institutional development to be payable as set out in the

regulations.

Agreement,

early or late payment

(1) A municipality may enter into an agreement

with a person who is required to pay a transit station charge providing for all

or any part of a charge to be paid before or after it would otherwise be

payable.

Amount

of charge payable

(2) The

total amount of a transit station charge payable under an agreement under this

section is the amount of the charge that would be determined under the transit

station charge by-law on the day specified in the agreement or, if no such day

is specified, at the earlier of,

(

a) the

time the charge or any part of it is payable under the agreement; and

(

b) the

time the charge would have been payable in the absence of the agreement.

Interest

on late payments

(3) An

agreement under this

section may allow the municipality to charge interest, at

a rate stipulated in the agreement, on that part of the transit station charge

paid after it would otherwise be payable.

Withholding

of building permit if charge due but not paid

9 Despite any other Act, a municipality is not required to

issue a building permit for development to which a transit station charge

applies if the charge or any part of it is payable but has not been paid.

Interest

on unpaid charges

(1) A municipality may charge interest on any

transit station charge or part of such a charge that is not paid when it is

payable.

Same

(2) The

maximum interest rate that a municipality may charge shall be determined in

accordance with the following rules:

1. A

base rate of interest shall be determined for each adjustment date and shall be

equal to the average prime rate on,

i. October

15 of the previous year, if the adjustment date is January 1,

ii. January

15 of the same year, if the adjustment date is April 1,

iii. April

15 of the same year, if the adjustment date is July 1, and

iv. July

15 of the same year, if the adjustment date is October 1.

2. The

base rate of interest in effect on a particular date shall be,

i. the

base rate for the particular date, if the particular date is an adjustment

date, and

ii. the

base rate for the last adjustment date before the particular date, otherwise.

3. The

maximum rate of interest that may be charged shall be an annual interest rate

that is one percentage point higher than the base rate of interest in effect

for that day.

Maximum

interest rate

(3) In

this section,

“adjustment

date” means January 1, April 1, July 1 or October 1; (“date de rajustement”)

“average

prime rate”, on a particular date, means the mean, rounded to the nearest

hundredth of a percentage point, of the annual rates of interest announced by

each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian

Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank

to be its prime or reference rate of interest in effect on that date for

determining interest rates on Canadian dollar commercial loans by that bank in

Canada. (“taux préférentiel moyen”)

Unpaid

charges added to tax roll

(1) If a transit station charge or any part of

it remains unpaid after it is payable, the unpaid amount including any interest

payable in respect of it in accordance with this Act shall be added to the tax

roll and collected in the same manner as taxes.

Treasurer

to certify unpaid amount

(2) If

a transit station charge or any part of it imposed by an upper-tier

municipality remains unpaid after it is payable, the treasurer of the

upper-tier municipality shall certify to the treasurer of the lower-tier

municipality in which the land is located the amount that is unpaid.

Use

of charges

12 Transit station charges may be used to pay only the

following:

1. The

costs for which the charges were imposed.

2. Interest

the municipality pays on any debt incurred by the municipality to pay any costs

for which the charges were imposed.

3. Any

other amount provided for in the transit station charge by-law.

Miscellaneous

Registration

of by-law

13 A municipality that has passed a transit station charge

by-law may register the by-law or a certified copy of it against the land to

which it applies.

Upper-tier

municipalities, transit station charges

14 If a transit station charge is imposed by an upper-tier

municipality on a development in a lower-tier municipality, the following

apply:

1. The

treasurer of the upper-tier municipality shall certify to the treasurer of the

lower-tier municipality that the charge has been imposed, the amount of the

charge, the manner in which the charge is to be paid and when the charge is

payable.

2. The

treasurer of the lower-tier municipality shall collect the charge when it is

payable and shall, unless otherwise agreed by the upper-tier municipality, pay

the charge to the treasurer of the upper-tier municipality on or before the

25th day of the month following the month in which the charge is received by

the lower-tier municipality.

3. If

the charge is collected by the upper-tier municipality, the treasurer of the

upper-tier municipality shall certify to the treasurer of the lower-tier

municipality that the charge has been collected.

upper-tier issues building permits

15 If an upper-tier municipality issues building permits, the

treasurer of each lower-tier municipality within the upper-tier municipality

shall, when all transit station charges are paid with respect to a development

in the lower-tier municipality, certify to the chief building official of the

upper-tier municipality that those charges have been paid.

Agreement,

upper-tier to collect charges

(1) If building permits are issued by an

upper-tier municipality, the upper-tier municipality may agree with a

lower-tier municipality to collect all the transit station charges on

development in the lower-tier municipality.

Application

of ss. 14 and 15

(2) If

an agreement is made under this section, sections 14 and 15 do not apply with

respect to development in the lower-tier municipality.

Statement

of treasurer

(1) The treasurer of a municipality that has

passed a transit station charge by-law shall, each year, give the council,

(

a) a

financial statement relating to the by-law that includes, for the preceding

year, the amount of costs related to the construction of the GO Transit station

that have been funded by transit station charges and the amount of such costs

that are to be funded by transit station charges that remain unfunded; and

(

b) any

other information that may be prescribed.

Statement

available to public

(2) The

council shall ensure that the statement is made available to the public,

(

a) by

posting the statement on the website of the municipality or, if there is no

such website, in the municipal office; and

(

b) in

such other manner and in accordance with such other requirements as may be

prescribed.

Copy

to Minister

(3) The

treasurer shall give a copy of the financial statement to the Minister on

request.

Incurring

debt, issuing debentures, etc.

18 Paying costs referred to in subsection 3 (1) is a municipal

purpose for the purposes of

section 401 of the Municipal

Act, 2001 .

Regulations

(1) The Lieutenant Governor in Council may make regulations,

(

a) respecting

anything that, in this Act, is referred to as being prescribed or that may or

must be done by the regulations;

(

b) prescribing

and governing, for the purposes of subsections 3 (1) and (2), the costs related

to the construction of a GO Transit station for which charges may be imposed by

a transit station charge by-law;

(

c) prescribing

when construction of a GO Transit station begins for the purposes of subsection

3 (3);

(

d) governing

and modifying the application of subsection 3 (5) including providing for a

clause of that subsection to not apply or to apply with specified modifications

or prescribing other development for which a transit station charge may be

imposed;

(

e) governing

transit station charge by-laws including governing the rules referred to in

paragraph 2 of

section 4;

(

f) defining

“rental housing development” and “institutional development” for the purposes

of subsection 7 (4);

(

g) requiring

a municipality to establish a reserve fund for transit station charges

collected by the municipality and governing such a fund;

(

h) requiring

a municipality to keep records in respect of transit station charges collected

by the municipality, including records for any reserve fund established by the

municipality, and governing such records;

(

i) prohibiting

or limiting a person who incurs or pays a transit station charge for

development on land from passing on the cost of that charge to a subsequent

purchaser of that land and prohibiting or governing communication, by any

person to a purchaser or potential purchaser of land, related to transit

station charge fees paid or payable for development on the land.

Communication

— clarification

(2) For

greater certainty, the communication in respect of which a regulation may be

made under clause (1) (

i) includes invoices, receipts, signage, displays or

listings of prices, fees, costs or charges, and advertisements in any medium.

Amendments to Other Acts

City

of Toronto Act, 2006

(1) Paragraph 6 of subsection 22 (1) of the City of Toronto Act, 2006 is amended by striking out “252

(3), (6) and (7)” at the end and substituting “252 (3), (6), (7) and (7.1)”.

(2) Subsection

252 (1) of the Act is amended by adding the following paragraph:

5. Transit

station charges exemptions as provided for in subsection (7.1).

(3) Section

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

Transit

station charges exemption

(7.1) Despite

the GO Transit Station Funding Act, 2023 , the City

may exempt from the payment of all or part of the transit station charges

imposed by the City under that Act land or a portion of it on which municipal

capital facilities are or will be located that,

(

a) is

the subject of an agreement under subsection (1);

(

b) is

owned or leased by a person who has entered an agreement to provide facilities

under subsection (1); and

(

c) is

entirely occupied and used or intended for use for a service or function that

may be provided by the City.

(4) Subsection

252 (9) of the Act is amended by striking out “subsections (3), (6) and (7)” in

the portion before clause (

a) and substituting “subsections (3), (6), (7) and

(7.1)”.

(5) Subsection

252 (16) of the Act is amended by striking out “subsection (6) or (7)” and

substituting “subsection (6), (7) or (7.1)”.

(6) Clause

257 (

e) of the Act is repealed and the following substituted:

(

e) prescribing

eligible municipal capital facilities for which the City may and may not grant

tax exemptions under subsection 252 (6), development charges exemptions under

subsection 252 (7) or transit station charges exemptions under subsection 252

(7.1);

Municipal

Act, 2001

(1) Paragraph 6 of subsection 23.3 (1) of the

Municipal Act, 2001 is amended by striking out “110

(3), (6) and (7)” at the end and substituting “110 (3), (6), (7) and (7.1)”.

(2) Subsection

110 (1) of the Act is amended by adding the following paragraph:

5. Transit

station charges exemptions as provided for in subsection (7.1).

(3) Section

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

Transit

station charges exemption

(7.1) Despite

the GO Transit Station Funding Act, 2023 , the

council of a municipality may exempt from the payment of all or part of the

transit station charges imposed by the municipality under that Act land or a

portion of it on which municipal capital facilities are or will be located

that,

(

a) is

the subject of an agreement under subsection (1);

(

b) is

owned or leased by a person who has entered an agreement to provide facilities

under subsection (1); and

(

c) is

entirely occupied and used or intended for use for a service or function that

may be provided by a municipality.

(4) Subsection

110 (9) of the Act is amended by striking out “subsections (3), (6) and (7)” in

the portion before clause (

a) and substituting “subsections (3), (6), (7) and

(7.1)”.

(5) Subsection

110 (16) of the Act is amended by striking out “subsection (6) or (7)” and

substituting “subsection (6), (7) or (7.1)”.

(6) Clause

110 (20) (

c) of the Act is repealed and the following substituted:

(

c) prescribing

eligible municipal capital facilities for which municipalities may and may not

grant tax exemptions under subsection (6), development charges exemptions under

subsection (7) or transit station charges exemptions under subsection (7.1);

Commencement and

Short Title

Commencement

22 The Act set out in this

Schedule comes into force on the

day the Transportation for the Future Act, 2023

receives Royal Assent.

Short

title

23 The

short title of the Act set out in this

Schedule is

the GO Transit Station Funding Act, 2023 .

Bill 131 As Amended by Standing Committee (PDF)

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

The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

EXPLANATORY NOTE

SCHEDULE 1

CITY OF TORONTO ACT, 2006

The City of Toronto Act, 2006 is amended to provide that the TTC may enter into an agreement with a municipality or local board authorizing the municipality or local board to operate, maintain or both operate and maintain part of a local passenger transportation system within the City.

SCHEDULE 2

GO TRANSIT STATION FUNDING ACT, 2023

The

Schedule enacts the GO Transit Station Funding Act, 2023 .

The Act will apply to municipalities that are prescribed by regulation. (Section 2)

The council of a municipality may, by by-law, impose transit station charges on development to pay for costs related to the construction of a new GO transit station. Certain objectives of the by-law, which the council must be guided by, are set out. Charges may be imposed only for certain types of development. (Section 3)

A transit station charge by-law must include a map of the area where charges may be imposed and rules for determining if a charge is payable and the amount of the charge. (Section 4)

Before passing a transit station charge by-law, the council of a municipality must complete a background study, give notice of and consult on the study and proposed by-law, pass a resolution requesting the Minister’s consent and obtain such consent. (Section 6)

A transit station charge is payable when a building permit is issued. Some exceptions are provided for including agreements with the municipality for charges to be payable at a different time. A municipality may charge interest on unpaid charges and an unpaid charge may be collected in the same manner as taxes. (Sections 7 to 11)

Transit station charges may be used to pay only the costs the charges were imposed for, interest on amounts a municipality borrows to pay such costs and any other amounts provided for in the transit station charge by-law. (Section 12)

Miscellaneous provisions provide for the registration of by-laws against land, provisions relating to tiered municipalities, certain financial matters and the making of regulations by the Lieutenant Governor in Council. (Sections 13 to 19)

Consequential amendments are made to the City of Toronto Act, 2006 and the Municipal Act, 2001 . (Sections 20 and 21)

Bill 131 2023

An Act to enact the GO Transit Station Funding Act, 2023 and to amend the City of Toronto Act, 2006

CONTENTS

Contents of this Act

Commencement

Short title

Schedule 1

City of Toronto Act, 2006

Schedule 2

Go Transit Station Funding Act, 2023

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a

Schedule to this Act provides that any of its provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The

short title of this Act is the Transportation for the Future Act, 2023 .

SCHEDULE 1

CITY OF TORONTO ACT, 2006

(1) Section 395 of the City of Toronto Act, 2006 is amended by adding the following subsection:

Agreements with municipality or local board

(5) Despite subsection (1), the TTC may enter into an agreement with a municipality or local board authorizing the municipality or local board to operate, maintain or both operate and maintain, within the City, part of the municipality’s or local board’s local passenger transportation system on the conditions specified in the agreement.

(2) Section 395 of the Act is amended by adding the following subsection:

Same

(6) Where an agreement is made pursuant to subsection (5) for the purpose of integrating the services of the local passenger transportation system with those of the system operated by the TTC, the agreement is not a sale or transfer or deemed sale or transfer of the operation or part of the operation of the TTC under the Labour Relations Act , 1995 .

(3) Section 395 of the Act is amended by adding the following subsection:

Same

(7) Where an agreement is made pursuant to subsection (5) for the purpose of integrating the services of the local passenger transportation system with those of the system operated by the TTC, the agreement does not constitute contracting out for the purposes of,

(

a) any collective agreement to which the TTC is a party, including any collective agreement in operation on the day subsection 1 (3) of

Schedule 1 to the Transportation for the Future Act, 2023 comes into force; and

Plan to Build Act (Budget Measures), 2022

Schedule 1 to the Plan to Build Act (Budget Measures), 2022 is repealed.

Commencement

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

Schedule comes into force on the day the Transportation for the Future Act, 2023 receives Royal Assent.

(2) Subsections 1 (2) and (3) come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 2

GO TRANSIT STATION FUNDING ACT, 2023

CONTENTS

Definitions and Application

Definitions

Application

Transit Station Charge By-laws

Transit station charge by-laws

Requirements for by-law

Commencement

Preconditions to passing of by-law

Transit Station Charges

When charge is payable

Agreement, early or late payment

Withholding of building permit if charge due but not paid

Interest on unpaid charges

Unpaid charges added to tax roll

Use of charges

Miscellaneous

Registration of by-law

Upper-tier municipalities, transit station charges

If upper-tier issues building permits

Agreement, upper-tier to collect charges

Statement of treasurer

Incurring debt, issuing debentures, etc.

Regulations

Amendments to Other Acts

City of Toronto Act, 2006

Municipal Act, 2001

Commencement and

Short Title

Commencement

Short title

Definitions and Application

Definitions

1 In this Act,

“development” includes redevelopment; (“aménagement”)

“GO Transit station” means a station that is part of the GO Transit system as defined in the Metrolinx Act, 2006 ; (“station du réseau GO”)

“Minister” means the Minister of Infrastructure or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act ; (“ministre”)

“prescribed” means prescribed by the regulations; (“prescrit”)

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

“transit station charge” means a charge imposed by a transit station charge by-law; (“redevances relatives aux stations de transport en commun”)

“transit station charge by-law” means a by-law made under

section 3. (“règlement municipal sur les redevances relatives aux stations de transport en commun”)

Application

2 This Act applies only with respect to prescribed municipalities.

Transit Station Charge By-laws

Transit station charge by-laws

(1) The council of a municipality may, subject to the requirements of

section 6, by by-law impose a transit station charge against land to pay for costs related to the construction of a GO Transit station that the municipality has agreed to pay.

Guidance for council

(2) In considering whether to pass a by-law, the council shall be guided by the principle that the objective of the by-law should be,

(

a) to support the creation of local and regional transit connections;

(

b) to encourage the creation and growth of transit-oriented communities near the GO Transit station; and

(

c) to recover costs related to the construction of the GO Transit station in a reasonable, transparent and fair manner.

Limitation — only to new stations

(3) A by-law may be passed in relation to a GO Transit station only if construction of the station has not yet begun at the time the by-law is passed.

Limitation — only to new stations

(3) A by-law may be passed in relation to a GO Transit station only if construction of the station did not begin before the day the Transportation for the Future Act, 2023 received Royal Assent.

Same

(4) Subsection (3) does not apply to,

(

a) the amendment of a transit station charge by-law; or

(

b) the passing of a new transit station charge by-law after a previous transit station charge by-law is repealed.

Limitation — type of development

(5) A transit station charge may be imposed only for development that requires,

(

a) the passing of a zoning by-law or of an amendment to a zoning by-law under

section 34 of the Planning Act ;

(

b) the approval of a minor variance under

section 45 of the Planning Act ;

(

c) a conveyance of land to which a by-law passed under subsection 50 (7) of the Planning Act applies;

(

d) the approval of a plan of subdivision under

section 51 of the Planning Act ;

(

e) a consent under

section 53 of the Planning Act ;

(

f) the approval of a description under

section 9 of the Condominium Act, 1998 ; or

(

g) the issuing of a permit under the Building Code Act, 1992 in relation to a building or structure.

Excluded development

(6) A transit station charge does not apply with respect to prescribed development.

Limited exemption

(7) No land, except land owned by and used for the purposes of a municipality or a board as defined in subsection 1 (1) of the Education Act , is exempt from a transit station charge by reason only that it is exempt from taxation under

section 3 of the Assessment Act .

Requirements for by-law

4 A transit station charge by-law shall include the following:

1. A map of the area within which transit station charges may be imposed.

2. The rules to determine if a transit station charge is payable in any particular case and to determine the amount of the charge.

3. Anything required by the regulations.

Commencement

5 A transit station charge by-law or a by-law amending it comes into force on the later of the day it is passed and the day specified in the by-law, if any.

Preconditions to passing of by-law

(1) Before a council may pass a transit station charge by-law, the council must, in accordance with this section,

(

a) complete a background study that includes the prescribed information and meets any other prescribed requirements;

(

b) give notice of the background study and the proposed by-law to the public in such manner as the municipality considers appropriate and consult with such persons, public bodies and communities as the municipality considers appropriate;

(

c) pass a resolution requesting that the Minister consent to the passing of the by-law; and

(

d) obtain the Minister’s consent to pass the by-law, subject to any modifications that the Minister may specify.

Resolution requirements

(2) A resolution under clause (1) (

c) shall,

(

a) identify the area to which the proposed by-law would apply; and

(

b) include a draft of the proposed by-law.

Forwarding to Minister

(3) No later than 15 days after the resolution is passed, the municipality shall forward to the Minister,

(

a) a copy of the resolution and background study;

(

b) a description of the consultation undertaken under clause (1) (b); and

(

c) any prescribed information and material.

Other information

(4) The Minister may require the municipality to provide such other information or material that the Minister considers necessary for the purposes of this Act.

Consent

(5) The Minister may give consent to the municipality to,

(

a) pass the proposed by-law; or

(

b) pass the proposed by-law with such modifications as the Minister may specify.

Application to amendments

(6) This

section applies, with necessary modifications, to an amendment of a transit station charge by-law.

Transit Station Charges

When charge is payable

(1) A transit station charge is payable for a development upon a building permit being issued for the development.

Multiple building permits

(2) If a development consists of one building that requires more than one building permit, the transit station charge for the development is payable upon the first building permit being issued.

Multiple phases

(3) If a development consists of two or more phases that will not be constructed concurrently and are anticipated to be completed in different years, each phase of the development is deemed to be a separate development for the purposes of this section.

Rental housing development, institutional development

(4) The regulations may provide for transit station charges for rental housing development and institutional development to be payable as set out in the regulations.

Agreement, early or late payment

(1) A municipality may enter into an agreement with a person who is required to pay a transit station charge providing for all or any part of a charge to be paid before or after it would otherwise be payable.

Amount of charge payable

(2) The total amount of a transit station charge payable under an agreement under this

section is the amount of the charge that would be determined under the transit station charge by-law on the day specified in the agreement or, if no such day is specified, at the earlier of,

(

a) the time the charge or any part of it is payable under the agreement; and

(

b) the time the charge would have been payable in the absence of the agreement.

Interest on late payments

(3) An agreement under this

section may allow the municipality to charge interest, at a rate stipulated in the agreement, on that part of the transit station charge paid after it would otherwise be payable.

Withholding of building permit if charge due but not paid

9 Despite any other Act, a municipality is not required to issue a building permit for development to which a transit station charge applies if the charge or any part of it is payable but has not been paid.

Interest on unpaid charges

(1) A municipality may charge interest on any transit station charge or part of such a charge that is not paid when it is payable.

Same

(2) The maximum interest rate that a municipality may charge shall be determined in accordance with the following rules:

1. A base rate of interest shall be determined for each adjustment date and shall be equal to the average prime rate on,

i. October 15 of the previous year, if the adjustment date is January 1,

ii. January 15 of the same year, if the adjustment date is April 1,

iii. April 15 of the same year, if the adjustment date is July 1, and

iv. July 15 of the same year, if the adjustment date is October 1.

2. The base rate of interest in effect on a particular date shall be,

i. the base rate for the particular date, if the particular date is an adjustment date, and

ii. the base rate for the last adjustment date before the particular date, otherwise.

3. The maximum rate of interest that may be charged shall be an annual interest rate that is one percentage point higher than the base rate of interest in effect for that day.

Maximum interest rate

(3) In this section,

“adjustment date” means January 1, April 1, July 1 or October 1; (“date de rajustement”)

“average prime rate”, on a particular date, means the mean, rounded to the nearest hundredth of a percentage point, of the annual rates of interest announced by each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank to be its prime or reference rate of interest in effect on that date for determining interest rates on Canadian dollar commercial loans by that bank in Canada. (“taux préférentiel moyen”)

Unpaid charges added to tax roll

(1) If a transit station charge or any part of it remains unpaid after it is payable, the unpaid amount including any interest payable in respect of it in accordance with this Act shall be added to the tax roll and collected in the same manner as taxes.

Treasurer to certify unpaid amount

(2) If a transit station charge or any part of it imposed by an upper-tier municipality remains unpaid after it is payable, the treasurer of the upper-tier municipality shall certify to the treasurer of the lower-tier municipality in which the land is located the amount that is unpaid.

Use of charges

12 Transit station charges may be used to pay only the following:

1. The costs for which the charges were imposed.

2. Interest the municipality pays on any debt incurred by the municipality to pay any costs for which the charges were imposed.

3. Any other amount provided for in the transit station charge by-law.

Miscellaneous

Registration of by-law

13 A municipality that has passed a transit station charge by-law may register the by-law or a certified copy of it against the land to which it applies.

Upper-tier municipalities, transit station charges

14 If a transit station charge is imposed by an upper-tier municipality on a development in a lower-tier municipality, the following apply:

1. The treasurer of the upper-tier municipality shall certify to the treasurer of the lower-tier municipality that the charge has been imposed, the amount of the charge, the manner in which the charge is to be paid and when the charge is payable.

2. The treasurer of the lower-tier municipality shall collect the charge when it is payable and shall, unless otherwise agreed by the upper-tier municipality, pay the charge to the treasurer of the upper-tier municipality on or before the 25th day of the month following the month in which the charge is received by the lower-tier municipality.

3. If the charge is collected by the upper-tier municipality, the treasurer of the upper-tier municipality shall certify to the treasurer of the lower-tier municipality that the charge has been collected.

If upper-tier issues building permits

15 If an upper-tier municipality issues building permits, the treasurer of each lower-tier municipality within the upper-tier municipality shall, when all transit station charges are paid with respect to a development in the lower-tier municipality, certify to the chief building official of the upper-tier municipality that those charges have been paid.

Agreement, upper-tier to collect charges

(1) If building permits are issued by an upper-tier municipality, the upper-tier municipality may agree with a lower-tier municipality to collect all the transit station charges on development in the lower-tier municipality.

Application of ss. 14 and 15

(2) If an agreement is made under this section, sections 14 and 15 do not apply with respect to development in the lower-tier municipality.

Statement of treasurer

(1) The treasurer of a municipality that has passed a transit station charge by-law shall, each year, give the council,

(

a) a financial statement relating to the by-law that includes, for the preceding year, the amount of costs related to the construction of the GO Transit station that have been funded by transit station charges and the amount of such costs that are to be funded by transit station charges that remain unfunded; and

(

b) any other information that may be prescribed.

Statement available to public

(2) The council shall ensure that the statement is made available to the public,

(

a) by posting the statement on the website of the municipality or, if there is no such website, in the municipal office; and

(

b) in such other manner and in accordance with such other requirements as may be prescribed.

Copy to Minister

(3) The treasurer shall give a copy of the financial statement to the Minister on request.

Incurring debt, issuing debentures, etc.

18 Paying costs referred to in subsection 3 (1) is a municipal purpose for the purposes of

section 401 of the Municipal Act, 2001 .

Regulations

(1) The Lieutenant Governor in Council may make regulations,

(

a) respecting anything that, in this Act, is referred to as being prescribed or that may or must be done by the regulations;

(a.1) prescribing and governing, for the purposes of subsections 3 (1) and (2), the costs related to the construction of a GO Transit station for which charges may be imposed by a transit station charge by-law;

(

b) clarifying when construction of a GO Transit station begins for the purposes of subsection 3 (3);

(

b) prescribing when construction of a GO Transit station begins for the purposes of subsection 3 (3);

(

c) governing and modifying the application of subsection 3 (5) including providing for a clause of that subsection to not apply or to apply with specified modifications or prescribing other development for which a transit station charge may be imposed;

(

d) governing transit station charge by-laws including governing the rules referred to in paragraph 2 of

section 4;

(

e) defining “rental housing development” and “institutional development” for the purposes of subsection 7 (4);

(

f) requiring a municipality to establish a reserve fund for transit station charges collected by the municipality and governing such a fund;

(

g) requiring a municipality to keep records in respect of transit station charges collected by the municipality, including records for any reserve fund established by the municipality, and governing such records;

(

h) prohibiting or limiting a person who incurs or pays a transit station charge for development on land from passing on the cost of that charge to a subsequent purchaser of that land and prohibiting or governing communication, by any person to a purchaser or potential purchaser of land, related to transit station charge fees paid or payable for development on the land.

Communication — clarification

(2) For greater certainty, the communication in respect of which a regulation may be made under clause (1) (

h) includes invoices, receipts, signage, displays or listings of prices, fees, costs or charges, and advertisements in any medium.

Amendments to Other Acts

City of Toronto Act, 2006

(1) Paragraph 6 of subsection 22 (1) of the City of Toronto Act, 2006 is amended by striking out “252 (3), (6) and (7)” at the end and substituting “252 (3), (6), (7) and (7.1)”.

(2) Subsection 252 (1) of the Act is amended by adding the following paragraph:

5. Transit station charges exemptions as provided for in subsection (7.1).

(3) Section 252 of the Act is amended by adding the following subsection:

Transit station charges exemption

(7.1) Despite the GO Transit Station Funding Act, 2023 , the City may exempt from the payment of all or part of the transit station charges imposed by the City under that Act land or a portion of it on which municipal capital facilities are or will be located that,

(

a) is the subject of an agreement under subsection (1);

(

b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and

(

c) is entirely occupied and used or intended for use for a service or function that may be provided by the City.

(4) Subsection 252 (9) of the Act is amended by striking out “subsections (3), (6) and (7)” in the portion before clause (

a) and substituting “subsections (3), (6), (7) and (7.1)”.

(5) Subsection 252 (16) of the Act is amended by striking out “subsection (6) or (7)” and substituting “subsection (6), (7) or (7.1)”.

(6) Clause 257 (

e) of the Act is repealed and the following substituted:

(

e) prescribing eligible municipal capital facilities for which the City may and may not grant tax exemptions under subsection 252 (6), development charges exemptions under subsection 252 (7) or transit station charges exemptions under subsection 252 (7.1);

Municipal Act, 2001

(1) Paragraph 6 of subsection 23.3 (1) of the Municipal Act, 2001 is amended by striking out “110 (3), (6) and (7)” at the end and substituting “110 (3), (6), (7) and (7.1)”.

(2) Subsection 110 (1) of the Act is amended by adding the following paragraph:

5. Transit station charges exemptions as provided for in subsection (7.1).

(3) Section 110 of the Act is amended by adding the following subsection:

Transit station charges exemption

(7.1) Despite the GO Transit Station Funding Act, 2023 , the council of a municipality may exempt from the payment of all or part of the transit station charges imposed by the municipality under that Act land or a portion of it on which municipal capital facilities are or will be located that,

(

a) is the subject of an agreement under subsection (1);

(

b) is owned or leased by a person who has entered an agreement to provide facilities under subsection (1); and

(

c) is entirely occupied and used or intended for use for a service or function that may be provided by a municipality.

(4) Subsection 110 (9) of the Act is amended by striking out “subsections (3), (6) and (7)” in the portion before clause (

a) and substituting “subsections (3), (6), (7) and (7.1)”.

(5) Subsection 110 (16) of the Act is amended by striking out “subsection (6) or (7)” and substituting “subsection (6), (7) or (7.1)”.

(6) Clause 110 (20) (

c) of the Act is repealed and the following substituted:

(

c) prescribing eligible municipal capital facilities for which municipalities may and may not grant tax exemptions under subsection (6), development charges exemptions under subsection (7) or transit station charges exemptions under subsection (7.1);

Commencement and

Short Title

Commencement

22 The Act set out in this

Schedule comes into force on the day the Transportation for the Future Act, 2023 receives Royal Assent.

Short title

23 The

short title of the Act set out in this

Schedule is the GO Transit Station Funding Act, 2023 .

Bill 131 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

CITY OF TORONTO ACT, 2006

The

City of Toronto Act, 2006 is amended to provide

that the TTC may enter into an agreement with a municipality or local board

authorizing the municipality or local board to operate, maintain or both

operate and maintain part of a local passenger transportation system within the

City.

SCHEDULE 2

GO TRANSIT STATION FUNDING ACT, 2023

The

Schedule enacts the GO Transit Station Funding Act, 2023 .

The

Act will apply to municipalities that are prescribed by regulation. (Section 2)

The

council of a municipality may, by by-law, impose transit station charges on

development to pay for costs related to the construction of a new GO transit

station. Certain objectives of the by-law, which the council must be guided by,

are set out. Charges may be imposed only for certain types of development. (Section

transit station charge by-law must include a map of the area where charges may

be imposed and rules for determining if a charge is payable and the amount of

the charge. (Section 4)

Before

passing a transit station charge by-law, the council of a municipality must

complete a background study, give notice of and consult on the study and

proposed by-law, pass a resolution requesting the Minister’s consent and obtain

such consent. (Section 6)

transit station charge is payable when a building permit is issued. Some

exceptions are provided for including agreements with the municipality for

charges to be payable at a different time. A municipality may charge interest

on unpaid charges and an unpaid charge may be collected in the same manner as

taxes. (Sections 7 to 11)

Transit

station charges may be used to pay only the costs the charges were imposed for,

interest on amounts a municipality borrows to pay such costs and any other

amounts provided for in the transit station charge by-law. (Section 12)

Miscellaneous

provisions provide for the registration of by-laws against land, provisions

relating to tiered municipalities, certain financial matters and the making of

regulations by the Lieutenant Governor in Council. (Sections 13 to 19)

Consequential

amendments are made to the City of Toronto Act, 2006

and the Municipal Act, 2001 . (Sections 20 and 21)

Bill 131 2023

Act to enact the GO Transit Station Funding Act, 2023 and to amend the City of

Toronto Act, 2006

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

City

of Toronto Act, 2006

Schedule 2

Transit Station Funding Act, 2023

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

This Act consists of this section, sections 2 and 3 and the Schedules to this

Act.

Commencement

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

into force on the day it receives Royal Assent.

(2) The

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

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

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

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

The

short title of this Act is the Transportation for the

Future Act, 2023 .

SCHEDULE 1

CITY OF TORONTO ACT, 2006

(1) Section 395 of the City of Toronto Act,

2006 is amended by adding the following subsection:

Agreements

with municipality or local board

(5) Despite

subsection (1), the TTC may enter into an agreement with a municipality or

local board authorizing the municipality or local board to operate, maintain or

both operate and maintain, within the City, part of the municipality’s or local

board’s local passenger transportation system on the conditions specified in

the agreement.

(2) Section

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

Same

(6) Where

an agreement is made pursuant to subsection (5) for the purpose of integrating

the services of the local passenger transportation system with those of the

system operated by the TTC, the agreement is not a sale or transfer or deemed

sale or transfer of the operation or part of the operation of the TTC under the

Labour Relations Act , 1995 .

(3) Section

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

Same

(7) Where

an agreement is made pursuant to subsection (5) for the purpose of integrating

the services of the local passenger transportation system with those of the

system operated by the TTC, the agreement does not constitute contracting out

for the purposes of,

(

a) any

collective agreement to which the TTC is a party, including any collective

agreement in operation on the day subsection 1 (3) of

Schedule 1 to the Transportation for the Future Act, 2023 comes into force;

and

(

b) any

agreement that continue to apply following the expiry of the collective

agreement.

Plan

to Build Act (Budget Measures), 2022

Schedule 1 to the Plan to Build Act (Budget Measures),

2022 is repealed.

Commencement

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

Schedule

comes into force on the day the Transportation for the

Future Act, 2023 receives Royal Assent.

(2) Subsections

1 (2) and (3) come into force on a day to be named by proclamation of the Lieutenant

Governor.

SCHEDULE 2

GO TRANSIT STATION FUNDING ACT, 2023

CONTENTS

Definitions and Application

Definitions

Application

Transit Station Charge By-laws

Transit

station charge by-laws

Requirements

for by-law

Commencement

Preconditions

to passing of by-law

Transit Station Charges

When

charge is payable

Agreement,

early or late payment

Withholding

of building permit if charge due but not paid

Interest

on unpaid charges

Unpaid

charges added to tax roll

Use

of charges

Miscellaneous

Registration

of by-law

Upper-tier

municipalities, transit station charges

upper-tier issues building permits

Agreement,

upper-tier to collect charges

Statement

of treasurer

Incurring

debt, issuing debentures, etc.

Regulations

Amendments to Other Acts

City

of Toronto Act, 2006

Municipal

Act, 2001

Commencement and

Short Title

Commencement

Short

title

Definitions and Application

Definitions

1 In this Act,

“development”

includes redevelopment; (“aménagement”)

“GO

Transit station” means a station that is part of the GO Transit system as

defined in the Metrolinx Act, 2006 ; (“station du

réseau GO”)

“Minister”

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

Council to whom responsibility for the administration of this Act may be

assigned or transferred under the Executive Council Act ;

(“ministre”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“regulations”

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

“transit

station charge” means a charge imposed by a transit station charge by-law; (“redevances

relatives aux stations de transport en commun”)

“transit

station charge by-law” means a by-law made under

section 3. (“règlement

municipal sur les redevances relatives aux stations de transport en commun”)

Application

2 This Act applies only with respect to prescribed

municipalities.

Transit Station Charge By-laws

Transit

station charge by-laws

(1) The council of a municipality may, subject

to the requirements of

section 6, by by-law impose a transit station charge

against land to pay for costs related to the construction of a GO Transit

station that the municipality has agreed to pay.

Guidance

for council

(2) In

considering whether to pass a by-law, the council shall be guided by the

principle that the objective of the by-law should be,

(

a) to

support the creation of local and regional transit connections;

(

b) to

encourage the creation and growth of transit-oriented communities near the GO

Transit station; and

(

c) to

recover costs related to the construction of the GO Transit station in a

reasonable, transparent and fair manner.

Limitation

— only to new stations

(3) A

by-law may be passed in relation to a GO Transit station only if construction

of the station has not yet begun at the time the by-law is passed.

Same

(4) Subsection

(3) does not apply to,

(

a) the

amendment of a transit station charge by-law; or

(

b) the

passing of a new transit station charge by-law after a previous transit station

charge by-law is repealed.

Limitation

— type of development

(5) A

transit station charge may be imposed only for development that requires,

(

a) the

passing of a zoning by-law or of an amendment to a zoning by-law under

section

34 of the Planning Act ;

(

b) the

approval of a minor variance under

section 45 of the Planning

Act ;

(

c) a

conveyance of land to which a by-law passed under subsection 50 (7) of the Planning Act applies;

(

d) the

approval of a plan of subdivision under

section 51 of the Planning

Act ;

(

e) a

consent under

section 53 of the Planning Act ;

(

f) the

approval of a description under

section 9 of the Condominium

Act, 1998 ; or

(

g) the

issuing of a permit under the Building Code Act, 1992

in relation to a building or structure.

Excluded

development

(6) A

transit station charge does not apply with respect to prescribed development.

Limited

exemption

(7) No

land, except land owned by and used for the purposes of a municipality or a

board as defined in subsection 1 (1) of the Education Act ,

is exempt from a transit station charge by reason only that it is exempt from

taxation under

section 3 of the Assessment Act .

Requirements

for by-law

4 A transit station charge by-law shall include the

following:

1. A

map of the area within which transit station charges may be imposed.

2. The

rules to determine if a transit station charge is payable in any particular

case and to determine the amount of the charge.

3. Anything

required by the regulations.

Commencement

5 A transit station charge by-law or a by-law amending it

comes into force on the later of the day it is passed and the day specified in

the by-law, if any.

Preconditions

to passing of by-law

(1) Before a council may pass a transit station

charge by-law, the council must, in accordance with this section,

(

a) complete

a background study that includes the prescribed information and meets any other

prescribed requirements;

(

b) give

notice of the background study and the proposed by-law to the public in such

manner as the municipality considers appropriate and consult with such persons,

public bodies and communities as the municipality considers appropriate;

(

c) pass

a resolution requesting that the Minister consent to the passing of the by-law;

and

(

d) obtain

the Minister’s consent to pass the by-law, subject to any modifications that

the Minister may specify.

Resolution

requirements

(2) A

resolution under clause (1) (

c) shall,

(

a) identify

the area to which the proposed by-law would apply; and

(

b) include

a draft of the proposed by-law.

Forwarding

to Minister

(3) No

later than 15 days after the resolution is passed, the municipality shall

forward to the Minister,

(

a) a

copy of the resolution and background study;

(

b) a

description of the consultation undertaken under clause (1) (b); and

(

c) any

prescribed information and material.

Other

information

(4) The

Minister may require the municipality to provide such other information or

material that the Minister considers necessary for the purposes of this Act.

Consent

(5) The

Minister may give consent to the municipality to,

(

a) pass

the proposed by-law; or

(

b) pass

the proposed by-law with such modifications as the Minister may specify.

Application

to amendments

(6) This

section applies, with necessary modifications, to an amendment of a transit

station charge by-law.

Transit Station Charges

When

charge is payable

(1) A transit station charge is payable for a

development upon a building permit being issued for the development.

Multiple

building permits

(2) If

a development consists of one building that requires more than one building

permit, the transit station charge for the development is payable upon the

first building permit being issued.

Multiple

phases

(3) If

a development consists of two or more phases that will not be constructed

concurrently and are anticipated to be completed in different years, each phase

of the development is deemed to be a separate development for the purposes of

this section.

Rental

housing development, institutional development

(4) The

regulations may provide for transit station charges for rental housing

development and institutional development to be payable as set out in the regulations.

Agreement,

early or late payment

(1) A municipality may enter into an agreement

with a person who is required to pay a transit station charge providing for all

or any part of a charge to be paid before or after it would otherwise be payable.

Amount

of charge payable

(2) The

total amount of a transit station charge payable under an agreement under this

section is the amount of the charge that would be determined under the transit

station charge by-law on the day specified in the agreement or, if no such day

is specified, at the earlier of,

(

a) the

time the charge or any part of it is payable under the agreement; and

(

b) the

time the charge would have been payable in the absence of the agreement.

Interest

on late payments

(3) An

agreement under this

section may allow the municipality to charge interest, at

a rate stipulated in the agreement, on that part of the transit station charge

paid after it would otherwise be payable.

Withholding

of building permit if charge due but not paid

9 Despite any other Act, a municipality is not required to

issue a building permit for development to which a transit station charge

applies if the charge or any part of it is payable but has not been paid.

Interest

on unpaid charges

(1) A municipality may charge interest on any

transit station charge or part of such a charge that is not paid when it is

payable.

Same

(2) The

maximum interest rate that a municipality may charge shall be determined in

accordance with the following rules:

1. A

base rate of interest shall be determined for each adjustment date and shall be

equal to the average prime rate on,

i. October

15 of the previous year, if the adjustment date is January 1,

ii. January

15 of the same year, if the adjustment date is April 1,

iii. April

15 of the same year, if the adjustment date is July 1, and

iv. July

15 of the same year, if the adjustment date is October 1.

2. The

base rate of interest in effect on a particular date shall be,

i. the

base rate for the particular date, if the particular date is an adjustment

date, and

ii. the

base rate for the last adjustment date before the particular date, otherwise.

3. The

maximum rate of interest that may be charged shall be an annual interest rate

that is one percentage point higher than the base rate of interest in effect

for that day.

Maximum

interest rate

(3) In

this section,

“adjustment

date” means January 1, April 1, July 1 or October 1; (“date de rajustement”)

“average

prime rate”, on a particular date, means the mean, rounded to the nearest

hundredth of a percentage point, of the annual rates of interest announced by

each of the Royal Bank of Canada, The Bank of Nova Scotia, the Canadian

Imperial Bank of Commerce, the Bank of Montreal and The Toronto-Dominion Bank

to be its prime or reference rate of interest in effect on that date for

determining interest rates on Canadian dollar commercial loans by that bank in

Canada. (“taux préférentiel moyen”)

Unpaid

charges added to tax roll

(1) If a transit station charge or any part of it

remains unpaid after it is payable, the unpaid amount including any interest

payable in respect of it in accordance with this Act shall be added to the tax

roll and collected in the same manner as taxes.

Treasurer

to certify unpaid amount

(2) If

a transit station charge or any part of it imposed by an upper-tier

municipality remains unpaid after it is payable, the treasurer of the

upper-tier municipality shall certify to the treasurer of the lower-tier

municipality in which the land is located the amount that is unpaid.

Use

of charges

12 Transit station charges may be used to pay only the

following:

1. The

costs for which the charges were imposed.

2. Interest

the municipality pays on any debt incurred by the municipality to pay any costs

for which the charges were imposed.

3. Any

other amount provided for in the transit station charge by-law.

Miscellaneous

Registration

of by-law

13 A municipality that has passed a transit station charge

by-law may register the by-law or a certified copy of it against the land to

which it applies.

Upper-tier

municipalities, transit station charges

14 If a transit station charge is imposed by an upper-tier

municipality on a development in a lower-tier municipality, the following

apply:

1. The

treasurer of the upper-tier municipality shall certify to the treasurer of the

lower-tier municipality that the charge has been imposed, the amount of the

charge, the manner in which the charge is to be paid and when the charge is

payable.

2. The

treasurer of the lower-tier municipality shall collect the charge when it is

payable and shall, unless otherwise agreed by the upper-tier municipality, pay

the charge to the treasurer of the upper-tier municipality on or before the

25th day of the month following the month in which the charge is received by

the lower-tier municipality.

3. If

the charge is collected by the upper-tier municipality, the treasurer of the

upper-tier municipality shall certify to the treasurer of the lower-tier

municipality that the charge has been collected.

upper-tier issues building permits

15 If an upper-tier municipality issues building permits, the

treasurer of each lower-tier municipality within the upper-tier municipality

shall, when all transit station charges are paid with respect to a development

in the lower-tier municipality, certify to the chief building official of the

upper-tier municipality that those charges have been paid.

Agreement,

upper-tier to collect charges

(1) If building permits are issued by an

upper-tier municipality, the upper-tier municipality may agree with a

lower-tier municipality to collect all the transit station charges on

development in the lower-tier municipality.

Application

of ss. 14 and 15

(2) If

an agreement is made under this section, sections 14 and 15 do not apply with

respect to development in the lower-tier municipality.

Statement

of treasurer

(1) The treasurer of a municipality that has

passed a transit station charge by-law shall, each year, give the council,

(

a) a

financial statement relating to the by-law that includes, for the preceding

year, the amount of costs related to the construction of the GO Transit station

that have been funded by transit station charges and the amount of such costs

that are to be funded by transit station charges that remain unfunded; and

(

b) any

other information that may be prescribed.

Statement

available to public

(2) The

council shall ensure that the statement is made available to the public,

(

a) by

posting the statement on the website of the municipality or, if there is no

such website, in the municipal office; and

(

b) in

such other manner and in accordance with such other requirements as may be

prescribed.

Copy

to Minister

(3) The

treasurer shall give a copy of the financial statement to the Minister on

request.

Incurring

debt, issuing debentures, etc.

18 Paying costs referred to in subsection 3 (1) is a municipal

purpose for the purposes of

section 401 of the Municipal

Act, 2001 .

Regulations

(1) The Lieutenant Governor in Council may make

regulations,

(

a) respecting

anything that, in this Act, is referred to as being prescribed or that may or

must be done by the regulations;

(

b) clarifying

when construction of a GO Transit station begins for the purposes of subsection

3 (3);

(

c) governing

and modifying the application of subsection 3 (5) including providing for a

clause of that subsection to not apply or to apply with specified modifications

or prescribing other development for which a transit station charge may be

imposed;

(

d) governing

transit station charge by-laws including governing the rules referred to in

paragraph 2 of

section 4;

(

e) defining

“rental housing development” and “institutional development” for the purposes

of subsection 7 (4);

(

f) requiring

a municipality to establish a reserve fund for transit station charges

collected by the municipality and governing such a fund;

(

g) requiring

a municipality to keep records in respect of transit station charges collected

by the municipality, including records for any reserve fund established by the

municipality, and governing such records;

(

h) prohibiting

or limiting a person who incurs or pays a transit station charge for

development on land from passing on the cost of that charge to a subsequent

purchaser of that land and prohibiting or governing communication, by any

person to a purchaser or potential purchaser of land, related to transit

station charge fees paid or payable for development on the land.

Communication

— clarification

(2) For

greater certainty, the communication in respect of which a regulation may be

made under clause (1) (

h) includes invoices, receipts, signage, displays or

listings of prices, fees, costs or charges, and advertisements in any medium.

Amendments to Other Acts

City

of Toronto Act, 2006

(1) Paragraph 6 of subsection 22 (1) of the City of Toronto Act, 2006 is amended by striking out “252

(3), (6) and (7)” at the end and substituting “252 (3), (6), (7) and (7.1)”.

(2) Subsection

252 (1) of the Act is amended by adding the following paragraph:

5. Transit

station charges exemptions as provided for in subsection (7.1).

(3) Section

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

Transit

station charges exemption

(7.1) Despite

the GO Transit Station Funding Act, 2023 , the City

may exempt from the payment of all or part of the transit station charges

imposed by the City under that Act land or a portion of it on which municipal

capital facilities are or will be located that,

(

a) is

the subject of an agreement under subsection (1);

(

b) is

owned or leased by a person who has entered an agreement to provide facilities

under subsection (1); and

(

c) is

entirely occupied and used or intended for use for a service or function that

may be provided by the City.

(4) Subsection

252 (9) of the Act is amended by striking out “subsections (3), (6) and (7)” in

the portion before clause (

a) and substituting “subsections (3), (6), (7) and

(7.1)”.

(5) Subsection

252 (16) of the Act is amended by striking out “subsection (6) or (7)” and

substituting “subsection (6), (7) or (7.1)”.

(6) Clause

257 (

e) of the Act is repealed and the following substituted:

(

e) prescribing

eligible municipal capital facilities for which the City may and may not grant

tax exemptions under subsection 252 (6), development charges exemptions under

subsection 252 (7) or transit station charges exemptions under subsection 252

(7.1);

Municipal

Act, 2001

(1) Paragraph 6 of subsection 23.3 (1) of the

Municipal Act, 2001 is amended by striking out “110

(3), (6) and (7)” at the end and substituting “110 (3), (6), (7) and (7.1)”.

(2) Subsection

110 (1) of the Act is amended by adding the following paragraph:

5. Transit

station charges exemptions as provided for in subsection (7.1).

(3) Section

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

Transit

station charges exemption

(7.1) Despite

the GO Transit Station Funding Act, 2023 , the

council of a municipality may exempt from the payment of all or part of the

transit station charges imposed by the municipality under that Act land or a

portion of it on which municipal capital facilities are or will be located

that,

(

a) is

the subject of an agreement under subsection (1);

(

b) is

owned or leased by a person who has entered an agreement to provide facilities

under subsection (1); and

(

c) is

entirely occupied and used or intended for use for a service or function that

may be provided by a municipality.

(4) Subsection

110 (9) of the Act is amended by striking out “subsections (3), (6) and (7)” in

the portion before clause (

a) and substituting “subsections (3), (6), (7) and

(7.1)”.

(5) Subsection

110 (16) of the Act is amended by striking out “subsection (6) or (7)” and

substituting “subsection (6), (7) or (7.1)”.

(6) Clause

110 (20) (

c) of the Act is repealed and the following substituted:

(

c) prescribing

eligible municipal capital facilities for which municipalities may and may not

grant tax exemptions under subsection (6), development charges exemptions under

subsection (7) or transit station charges exemptions under subsection (7.1);

Commencement and

Short Title

Commencement

22 The Act set out in this

Schedule comes into force on the

day the Transportation for the Future Act, 2023

receives Royal Assent.

Short

title

23 The

short title of the Act set out in this

Schedule is

the GO Transit Station Funding Act, 2023 .

Date Bill stage Event Outcome Committee

December 4, 2023

Royal Assent

Royal Assent received

November 23, 2023

Third Reading

Vote

Carried on division

November 23, 2023

Third Reading

Question put

November 23, 2023

Third Reading

Closure

Carried on division

November 22, 2023

Third Reading

Moved closure

Vote deferred

November 22, 2023

Third Reading

Debated

November 22, 2023

Third Reading

Debated

Debate adjourned

November 1, 2023

Second Reading

Ordered for Third Reading

November 1, 2023

Second Reading

Report adopted

November 1, 2023

Second Reading

Reported as amended

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 1, 2023

Second Reading

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

October 18, 2023

Second Reading

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

September 28, 2023

Second Reading

Ordered referred to Standing Committee

Standing Committee on Heritage, Infrastructure and Cultural Policy

September 28, 2023

Second Reading

Vote

Carried

September 28, 2023

Second Reading

Question put

September 28, 2023

Second Reading

Debated

September 27, 2023

Second Reading

Debated

Debate adjourned

September 27, 2023

Second Reading

Debated

Debate adjourned

September 25, 2023

First Reading

Ordered for Second Reading

September 25, 2023

First Reading

Vote

Carried

First Reading

September 25, 2023

Carried

Second Reading

September 27, 2023

Principal Debaters

Dowie, Andrew

Windsor—Tecumseh

Fraser, John

Ottawa South

French, Jennifer

Oshawa

Harden, Joel

Ottawa Centre

Surma, Hon. Kinga

Etobicoke Centre

Thanigasalam, Hon. Vijay

Scarborough—Rouge Park

Questions and Responses

Fife, Catherine

Waterloo

Gallagher Murphy, Dawn

Newmarket—Aurora

Glover, Chris

Spadina—Fort York

Harris, Mike

Kitchener—Conestoga

Kanapathi, Logan

Markham—Thornhill

Kernaghan, Terence

London North Centre

Sattler, Peggy

London West

Tabuns, Peter

Toronto—Danforth

West, Jamie

Sudbury

Yakabuski, John

Renfrew—Nipissing—Pembroke

September 27, 2023

Debated

September 28, 2023

Principal Debaters

Anand, Deepak

Mississauga—Malton

Babikian, Aris

Scarborough—Agincourt

Begum, Doly

Scarborough Southwest

Coe, Lorne

Whitby

Jama, Sarah

Hamilton Centre

Karpoche, Bhutila

Parkdale—High Park

Rakocevic, Tom

Humber River—Black Creek

Wai, Daisy

Richmond Hill

Wong-Tam, Kristyn

Toronto Centre

Questions and Responses

Bresee, Ric

Hastings—Lennox and Addington

Byers, Rick

Bruce—Grey—Owen Sound

Crawford, Stephen

Oakville

Dowie, Andrew

Windsor—Tecumseh

Fife, Catherine

Waterloo

Grewal, Hardeep

Brampton East

Jordan, John

Lanark—Frontenac—Kingston

Kernaghan, Terence

London North Centre

Kerzner, Hon. Michael

York Centre

Sandhu, Amarjot

Brampton West

Sattler, Peggy

London West

Stevens, Jennifer (Jennie)

St. Catharines

Tabuns, Peter

Toronto—Danforth

Vaugeois, Lise

Thunder Bay—Superior North

Carried

Ordered referred to Standing Committee

Standing Committee on Heritage, Infrastructure and Cultural Policy

October 18, 2023

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 1, 2023

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 1, 2023

Reported as amended

Standing Committee on Heritage, Infrastructure and Cultural Policy

Ordered for Third Reading

Third Reading

November 22, 2023

Principal Debaters

Begum, Doly

Scarborough Southwest

Fife, Catherine

Waterloo

French, Jennifer

Oshawa

Harden, Joel

Ottawa Centre

Hazell, Andrea

Scarborough—Guildwood

Kanapathi, Logan

Markham—Thornhill

Kernaghan, Terence

London North Centre

McMahon, Mary-Margaret

Beaches—East York

Sandhu, Amarjot

Brampton West

Sattler, Peggy

London West

Surma, Hon. Kinga

Etobicoke Centre

Thanigasalam, Hon. Vijay

Scarborough—Rouge Park

Questions and Responses

Coe, Lorne

Whitby

Collard, Lucille

Ottawa—Vanier

Dowie, Andrew

Windsor—Tecumseh

Gallagher Murphy, Dawn

Newmarket—Aurora

Gélinas, France

Nickel Belt

Glover, Chris

Spadina—Fort York

Leardi, Anthony

Essex

Martin, Robin

Eglinton—Lawrence

Pierre, Natalie

Burlington

Stevens, Jennifer (Jennie)

St. Catharines

Wai, Daisy

Richmond Hill

Wong-Tam, Kristyn

Toronto Centre

November 22, 2023

Debated

Moved closure

November 23, 2023

Closure carried on division

Carried on division

Royal Assent

December 4, 2023

Royal Assent received