p43 s1 bill 212 b212rep e.pdf

Ontario — Bills

1ST SESSION, 43RD LEGISLATURE, ONTARIO 3 CHARLES III, 2024 Bill 212

An Act to enact two Acts and amend various Acts with respect to highways, broadband-related expropriation and other transportation-related matters The Hon. P. Sarkaria Minister of Transportation Government Bill 1st Reading October 21, 2024 2nd Reading November 7, 2024 3rd Reading Royal Assent (Reprinted as amended by the Standing Committee on Heritage, Infrastructure and Cultural Policy and as reported to the Legislative Assembly November 25, 2024) (The provisions in this bill will be renumbered after 3rd Reading)

This reprint of the Bill is marked to indicate the changes that were made in Committee. The changes are indicated by underlines for new text and a strikethrough for deleted text. ______________ EXPLANATORY NOTE

SCHEDULE 1 BUILDING BROADBAND FASTER ACT, 2021 The

Schedule amends subsection 26 (6) of the Building Broadband Faster Act, 2021 to provide that an expropriation made under

section 10 of the Ministry of Infrastructure Act, 2011 in respect of a designated broadband pro ject constitutes an expropriation.

Section 26.1 is added to exclude the application of certain provisions of the Expropriations Act to an expropriation made in respect of a designated broadband project.

Section 26.2 is added to the Act to enable the Minist er to assign easements expropriated in respect of a designated broadband project to specified persons or entities in order to further the purpose of the Act. An assignee is required to reimburse the Crown for costs incurred by the Crown relating to the expropriation of the assigned easement. The

Schedule also amends subsection 9 (6) of the Ministry of Infrastructure Act, 2011 to provide that a disposition made under

section 26.2 of the Building Broadband Faster Act, 2021 is not subject to the approval of the Lieutenant Governor in Council.

SCHEDULE 2 BUILDING HIGHWAYS FASTER ACT, 2024 The

Schedule enacts the Building Highways Faster Act, 2024. The purpose of the Act is to expedite the construction of priority highway projects, which, as defined in the Act, a re the Highway 413 Project, the Bradford Bypass Project, the Garden City Skyway Bridge Twinning Project and any other projects that are prescribed by regulation. A provision prohibits registered owners from applying under the Expropriations Act for the adjustment of the date of possession for land that was expropriated by the Minister for the purposes of a priority highway project.

The Act provides that a utility company may be required to take up, remove or change the location of utility infrastructure i f, in the opinion of the Minister, it is for the purposes of a priority highway project. Notice to the utility company is requir ed for such work and the utility company is permitted to make submissions respecting any difficulties with completing the work. If the utility company fails to do the work the Minister may cause it to be done. The Act addresses compensation for such work, whether it is done by the utility company or by the Minister.

The Act requires any person who owns or operates infrastructure that may be affected by a priority highway project to provide to the Minister the requested information. Provisions are included respecting the disclosure of such information. Site inspections may be carried out under the Act to support the planning, design or construction of a priority highway project. The Act addresses the manner in which such inspections shall be carried out, including the provision of advance notice, and when a property owner may be compensated for damage resulting from a site inspection.

The Act provides for various offences relating to site inspections and taking possession of land. The Act provides that, in certain circumstances, a justice of the peace may issue an order authorizing a person to enter property to do cert ain things relating to a site inspection or to take possession of certain land for the purposes of a priority highway project. The Act includes provisions respecting how such orders may be carried out and the expiry or renewal of orders.

A provision states that if a priority highway project is designated by a regulation made under the Act, certain restrictions imposed by municipal by-law are inoperative to the extent that it would prevent or restrict the delivery of goods or services to the priority highway project. The Act also includes various other provisions relating to the provision of documents, the preclusion of certain causes of action and regulation-making powers.

SCHEDULE 3 HIGHWAY 413 ACT, 2024 The

Schedule enacts the Highway 413 Act, 2024 . Sectio n 2 of the Act provides an exemption from the Environmental Assessment Act for enterprises, activities, proposals, plans and programs for or related to Highway 413, including the Highway 413 Project and the Highway 413 early works projects.

Section 3 prohibits a person from carrying out the Highway 413 Project except in accordance with the final environmental impact assessment report and any addenda to it, prepared as part of the environmental impact assessment process that applies to the Highway 413 Projec t under this Act. Sections 4 to 9 set out that process, including requirements for an Indigenous consultation plan and its implementation, as well as opportunities for persons to comment on the draft environmental impact assessment report and any draft addendum to the report. The Minister is required to publish draft and final environmental impact assessment reports and any final addendum under the Act.

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SCHEDULE 4 HIGHWAY TRAFFIC ACT The Highway Traffic Act is amended to set out fees for driver’s licences and certain driver examinations and tests. It is also amended to require Ministry approval before municipalities may construct bicycle lanes in certain circumstances, and to require municipalities to provide the Ministry with information, including information relating to bicycle lanes.

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

a) municipalities are required, in certain circumstances, to obtain the Minister’s approval before constructing bicycle lanes or to provide the Minister with information relating to existing bicycle lanes; (

b) the Minister is required to remove specific bicycle lanes in the City of Toronto; and (

c) the Lieutenant Governor in Council may order the removal of other bicycle lanes in certain circumstances. Other provisions address various matters relating to the removal of bicycle lanes, including the powers of the Minister or a person acting on the Minister’s behalf in removing such lanes, municipalities’ obligation to provide to support or information, the reimbursement of municipalities for certain costs, and the immunity from liability of the Crown, municipalities and other persons. The Act is also amended to set out fees for driver’s licences and certain driver examinations and tests.

SCHEDULE 5 TOWING AND STORAGE SAFETY AND ENFORCEMENT ACT, 2021 The Towing and Storage Safety and Enforcement Act, 2021 is amended to provide that the sections relating to restricted towing zones also apply to “roadside assistance vehicles” and “roadside assistance services”. The

Schedule also transfers certain regulation-making powers relating to restricted towing zones to the Minister from the Lieutenant Governor in Council.

Bill 212 2024

An Act to enact two Acts and amend various Acts with respect to highways, broadband-related expropriation and other transportation-related matters CONTENTS

Preamble 1. Contents of this Act 2. Commencement 3.

Short title

Schedule 1 Building Broadband Faster Act, 2021

Schedule 2 Building Highways Faster Act, 2024

Schedule 3 Highway 413 Act, 2024

Schedule 4 Highway Traffic Act

Schedule 5 Towing and Storage Safety and Enforcement Act, 2021

Preamble The Government of Ontario: Recognizes the need to build priority highways faster as our province grows in order to get people and goods out of gridlock and save drivers and businesses time and money. Recognizes that accidents and lane closures can worsen traffic congestion and impact the quality of life of Ontarians. Is speeding up the d elivery of broadband projects that will connect people in all parts of Ontario, including rural areas, with reliable internet access. Is building Highway 413, recognizing the importance of this highway to millions of drivers from across Ontario.

Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Contents of this Act 1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act. Commencement 2

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

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

(3) If a

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

Short title 3 The

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

SCHEDULE 1 BUILDING BROADBAND FASTER ACT, 2021 1 Subsection 26 (6) of the Building Broadband Faster Act, 2021 is amended by adding “Other than an expropriation made under

section 10 of the Ministry of Infrastructure Act, 2011 in respect of a designated broadband project” at the beginning. 2

(1) The Act is amended by adding the following sections: Expropriations, no hearings of necessity 26.1 (1) Subsections 6 (2) to (5),

section 7 and subsections 8 (1) and (2) of the Expropriations Act do not apply to an expropriation of land, within the meaning of that Act, if the expropriation is made under

section 10 of the Ministry of Infrastructure Act, 2011 in respect of a designated broadband project. Conflict (2) Subsection (1) applies despite subsection 2 (4) of the Expropriations Act. Process for comments

(3) The Minister may, by direction, establish a process for receiving comments from property owners about a proposed expropriation and for considering those comments. Non-application of the Legislation Act, 2006

Part III

(4) Part III of the Legislation Act, 2006 does not apply to a direction made under subsection (3). Statutory Powers Procedure Act

(5) The Statutory Powers Procedure Act does not apply to a process for receiving and considering comments about a proposed expropriation established under subsection (3). Assignment of expropriated easements 26.2

(1) The Minister may assign any easement expropri ated under

section 10 of the Ministry of Infrastructure Act, 2011 in respect of a designated broadband project to, (

a) a distributor; (

b) a proponent; (

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

d) any other entity, if the assignment is necessary to further the purpose of this Act. Same, Minister’s designate

(2) If the Minister’s authority under

section 10 of the Ministry of Infrastructure Act, 2011 has been delegated under subsection 19 (2) of that Act to a Crown agency, the Crown agency may assign an easement described in subsection (1) of this

section in accordance with that subsection. Registration

(3) An easement assigned under subsection (1) or (2) shall be registered against the real property affected in the appropriate land registry office. Validity

(4) An easement including any covenant contained in the easement is valid whether or not the assignee owns appurtenant land or land capable of being accommodated or benefited by the easem ent or covenant and regardless of whether the easement or covenant is positive or negative in nature. Reimbursement of expropriation costs incurred by the Crown

(5) An assignee shall reimburse the Crown for costs incurred by the Crown relating to the expr opriation. Prescribed costs (6)

Document details

Collection	Ontario — Bills
Citation	p43 s1 bill 212 b212rep e.pdf
Type	bill
Volume / chapter	p43 s1 bill 212 b212rep e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	ddb3d56246c18ca54258f9e4b8f932c520da1cc6

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