New Deal for Toronto Act, 2023 — Bill 154 (43rd Parliament, 1st Session)
Bill 154, 43-1
Ontario — Bills
role="main" class="main-container container js-quickedit-main-content" id="main-content">
Bill 154, New Deal for Toronto Act, 2023
Bethlenfalvy, Hon. Peter Minister of Finance
Royal Assent received. Statutes of Ontario 2023,
chapter 25
Please select
View bill
Status
Debates
Acts affected
Votes
Royal Assent
Original
Bill 154 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 154 and does not form part of the law.
Bill 154 has been enacted as
Chapter 25 of the Statutes of Ontario, 2023.
SCHEDULE 1
RECOVERY THROUGH GROWTH ACT (CITY OF TORONTO), 2023
The
Schedule enacts the Recovery Through Growth Act (City of
Toronto), 2023 . The Act requires the Government of Ontario and the City
of Toronto to discuss the F. G. Gardiner Expressway and the Don Valley Parkway,
financial support for the Toronto Transit Commission subway system, the use of
provincial and municipal surplus lands within the City of Toronto and financial
support to the City of Toronto for shelters and other homelessness programs and
services. Other matters for discussion can be prescribed.
SCHEDULE 2
REBUILDING ONTARIO PLACE ACT, 2023
The
Schedule enacts the Rebuilding Ontario Place Act, 2023 .
The Act defines several terms including vested real property, the Ontario Place
site and the Ontario Place Redevelopment Project, and provides for the vesting
of prescribed real property to the Crown. The City of Toronto is prohibited
from encumbering, selling or otherwise disposing of land identified by Property
Identification Numbers set out in
Schedule 1 to the Act. The Act requires the
Crown to pay compensation in respect of vested real property that vests in the
Crown and sets out a framework for paying the compensation. (Sections 1 to 4)
The
Act, in effect, gives the Minister of Infrastructure the powers conferred upon
the Minister of Municipal Affairs and Housing under sections 23 and 47 of the Planning Act and provides that any order made by the
Minister of Infrastructure using those powers need not be consistent with any
policy statement issued under subsection 3 (1) of the Planning
Act and need not conform with any provincial plan in effect in the area
in which the order applies. The Act exempts from the Environmental
Assessment Act , with certain exceptions, undertakings that are carried
out at a site that is comprised of the land identified by the Property
Identification Numbers set out in
Schedule 3 to the Act and any other
prescribed land that is part of the land identified by the Property
Identification Numbers set out in
Schedule 1. Undertakings that are not carried
out at that site are also exempt from the Environmental
Assessment Act if they further the Ontario Place Redevelopment Project.
The Act provides that the Ontario Heritage Act does
not apply in respect of land identified by Property Identification Numbers set
out in
Schedule 3 to the Act or any buildings or structures located on that
land or to any land, buildings or structures specified in regulations, if any.
The Act also authorizes regulations to specify land, buildings or structures at
the Ontario Place site to which the Ontario Heritage Act
applies. (Sections 5 to 10)
The
City of Toronto’s ability to prohibit and regulate noise emitted from the
Ontario Place site is removed unless authorized to do so under the regulations.
As well, the Act includes a regulation-making power to impose limits and
conditions on the power of the City of Toronto under the City
of Toronto Act, 2006 , if it is considered necessary or desirable to
facilitate construction at the Ontario Place site. (Sections 11 and 12)
it is determined by the Minister that specified municipal service and right of
way access is required for the purpose of furthering the Ontario Place
Redevelopment Project and the City of Toronto and the Corporation (or a prescribed
person or entity, if applicable) are not able to agree on terms for the
municipal service and right of way access, the Minister may make a municipal
service and right of way access order setting out terms specified in the Act. (Section
13)
The
remaining provisions of the Act address various miscellaneous matters,
including Ministerial directives and delegation to the Ontario Infrastructure
and Lands Corporation, service of documents, protections against liability and
regulation-making powers (which may be retroactive). (Sections 14 to 21)
Finally,
a number of self-amendments and consequential amendments to the Environmental Bill of Rights, 1993 and the Ontario Infrastructure and Lands
Corporation Act, 2011 are made. (Sections 22 to 24)
The
main body of the Act comes into force on the day the New
Deal for Toronto Act, 2023 receives Royal Assent with several amending
provisions coming into force on a later day to be named by proclamation of the
Lieutenant Governor. Subsection 23 (2) which repeals the consequential
amendment to the Environmental Bill of Rights, 1993
comes into force 30 days after the New Deal for Toronto
Act, 2023 receives Royal Assent. (Section 25)
Bill 154 2023
Act to enact the Recovery Through Growth Act (City of Toronto), 2023 and the Rebuilding
Ontario Place Act, 2023
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Recovery
Through Growth Act (City of Toronto), 2023
Schedule 2
Rebuilding
Ontario Place Act, 2023
Preamble
The
Government of Ontario recognizes the City of Toronto’s unique role as a
regionally, provincially and nationally significant centre for job creation and
economic growth and a primary destination for young people and new immigrants.
This
Act is part of the Government’s efforts to improve the long-term financial
stability and sustainability of Toronto, and advance key priorities between the
City of Toronto and the Government of Ontario. This Act will support smart and
effective growth for Toronto, including in key areas such as transportation,
infrastructure, housing and efficient service delivery.
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
(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 New Deal for Toronto Act, 2023 .
SCHEDULE 1
RECOVERY THROUGH GROWTH ACT (CITY OF TORONTO), 2023
Discussions
between the Province and the City
(1) The
Government of Ontario and the City of Toronto shall continue to discuss the
following, including implementation plans where there is agreement:
1. The
F. G. Gardiner Expressway and the Don Valley Parkway, including the possibility
of those highways and the associated rights of way becoming provincial
responsibilities.
2. Financial
support for the Toronto Transit Commission subway system, including for initiatives
to improve public safety and security.
3. The
use of provincial and municipal surplus lands within the City of Toronto to
more effectively address housing needs, including the supply of all forms of
housing, and other priorities of the Province and the City of Toronto.
4. Financial
support to the City of Toronto for shelters and other homelessness programs and
homelessness programs and services for refugees and asylum seekers.
5. Any
other matters prescribed by the regulations.
Implementation
plans
(2) The
discussions required under subsection (1) shall include discussions of
implementation plans to implement anything agreed to between the Government of
Ontario and the City of Toronto.
Regulations
The Lieutenant
Governor in Council may make regulations,
(
a) setting
out a
schedule for the conduct of discussions required under subsection 1 (1);
(
b) prescribing
other matters for the purposes of paragraph 5 of subsection 1 (1).
Repeal
of Act
This
Act is repealed.
Commencement
(1) Except as otherwise provided in this section, the Act set out in
this
Schedule comes into force on the day the New Deal for
Toronto Act, 2023 receives Royal Assent.
(2) Section
3 comes into force on a day to be named by proclamation of the Lieutenant
Governor.
Short
title
The
short title of the Act set out in this
Schedule is the Recovery Through Growth Act (City of Toronto), 2023 .
SCHEDULE 2
REBUILDING ONTARIO PLACE ACT, 2023
CONTENTS
Interpretation
Definitions
Vested Real Property
Land
vested in the Crown
Restrictions
on City re property
Compensation
Planning Ontario Place Site
Amendment
of official plan re Ontario Place site
Power
of Minister re zoning and subdivision control, Ontario Place site
Non-application,
provincial policy statements etc.
Conflict
Environmental Assessment Exemptions
Environmental
Assessment Act, exemptions re Ontario Place
Non-Application of Ontario Heritage Act
Non-application
of Ontario Heritage Act, re Ontario Place
Limitations on City of Toronto Powers
Noise
at Ontario Place
Facilitate
construction at the Ontario Place site, regulations
Municipal Service and Right of Way Access
Municipal
service and right of way access
Miscellaneous
Ministerial
directives
Delegation
to Infrastructure Ontario
Serving
a document
Extinguishment
of causes of action
Regulations,
Minister
Regulations,
Lieutenant Governor in Council
Adoption
of documents in regulations
Retroactivity,
existing rights
Amendments
Self-amendments
Consequential Amendments
Environmental
Bill of Rights, 1993
Ontario
Infrastructure and Lands Corporation Act, 2011
Commencement and
Short Title
Commencement
Short
title
Schedule 1
Land
that can be prescribed for the purposes of subsections 2 (1) and 9
(1) Schedule 2
Land
that can be prescribed as the Ontario Place site
Schedule 3
Specified
land at the Ontario Place site
Interpretation
Definitions
1 In this Act,
“Corporation”
means the Ontario Infrastructure and Lands Corporation; (“Société”)
“Crown”
means the Crown in right of Ontario; (“Couronne”)
“Minister”
means the Minister of Infrastructure or such other member of the Executive
Council to whom responsibility for the administration of this Act is assigned
or transferred under the Executive
Council Act ; (“ministre”)
“Ontario
Place Redevelopment Project” means,
(
a) an
enterprise or activity in respect of services, facilities, land or
infrastructure of any nature or kind at the Ontario Place site,
(
b) any
prescribed enterprise or activity at the Ontario Place site, or
(
c) a
proposal, plan or program in respect of an enterprise or activity described in
clause (
a) or (b); (“projet de réaménagement de la Place de l’Ontario”)
“Ontario
Place site” means the prescribed land that is part of the land identified by
the Property Identification Numbers set out in
Schedule 2; (“site de la Place
de l’Ontario”)
“prescribed”
means prescribed by the Minister under
section 18; (“prescrit”)
“regulations”
means the regulations made under this Act; (“règlements”)
“vested
real property” means the land, interests, buildings, structures, fixtures,
additions, alterations and improvements that are vested in the Crown under
section 2. (“biens réels dévolus”)
Vested
Real Property
Land
vested in the Crown
(1) Any land
prescribed for the purposes of this subsection is vested in the Crown on the
date prescribed in respect of the land and is under the Minister’s control.
Buildings,
structures etc. vested in the Crown
(2) If
land is prescribed for the purpose of subsection (1), the following are also
vested in the Crown on the date prescribed in respect of the land and are under
the Minister’s control:
1. All
interests in the land.
2. All
buildings and structures located on the land and
all interests in those buildings and structures.
3. All
fixtures and all interests in fixtures installed or placed in or used in
connection with the land or the buildings or structures described in paragraph
4. All
additions, alterations and improvements and all interests in those additions,
alterations and improvements made in connection with the land or the buildings
or structures described in paragraph 2 or the fixtures described in paragraph 3.
Application
(3) Subsections
(1) and (2) apply despite anything in any agreement, instrument, other Act or
regulation, other than a regulation under this Act.
Ontario
Place land
(4) Land
prescribed for the purpose of subsection (1) must be within the land identified
by the Property Identification Numbers set out in
Schedule 1.
Exceptions
etc.
(5) This
section is subject to any prescribed exceptions, conditions, limitations or
restrictions.
Restrictions
on City re property
(1) No person or entity, including
the City of Toronto, shall encumber, sell or otherwise dispose of,
(
a) any
land that is part of the land identified by the Property Identification Numbers
set out in
Schedule 1;
(
b) any
buildings or structures located on the land described in clause (a);
(
c) any
interests in the land described in clause (
a) and any interests in the
buildings or structures described in clause (b);
(
d) any
fixtures or any interests in fixtures installed or placed in or used in
connection with the land described in clause (
a) or the buildings or structures
described in clause (b); or
(
e) any
additions, alterations and improvements or interests in those additions,
alterations and improvements made in connection with the land described in
clause (a), the buildings or structures described in clause (
b) or the fixtures
described in clause (d).
Deemed
contravention, pre-Royal Assent
(2) The
encumbrance, sale or disposal of any thing mentioned in subsection (1) by any
person or entity, including the City of Toronto, after the day the New Deal for Toronto Act, 2023 receives First Reading and
before the day that Act receives Royal Assent is deemed to be a contravention
of subsection (1).
Exceptions
etc.
(3) This
section is subject to any such exceptions, conditions, limitations or
restrictions as may be set out in the regulations.
Compensation
(1) If
vested real property was under the ownership or control of the City of Toronto,
or such other person or entity as may be specified in the regulations,
immediately before the property was vested in the Crown, the Crown shall pay
compensation in respect of the vested real property to the City of Toronto or
to the specified person or entity, as applicable, in accordance with this Act
and the regulations.
Same
(2) The compensation payable to the City of
Toronto or to the specified person or entity, as applicable, shall be based on
the market value of the property as set out in the reports mentioned in
subsection (4) and such other amounts as may be set
out in the regulations.
Costs
deducted from compensation
(3) If any amount, such as costs, is
recoverable under this Act by the Crown against the City of Toronto or any
person or entity specified for the purposes of subsection (1), the compensation
payable to the City, person or entity, as applicable, in respect of any vested
real property may be reduced by that amount or by a portion of that amount.
Appraisal
reports
(4) The
Minister, or another entity as may be specified in this Act or the regulations,
shall prepare the following reports in accordance with
such requirements as may be set out in the regulations :
1. A
report appraising the market value of vested real property that was under the
ownership or control of the City of Toronto before the property was vested in
the Crown under
section 2.
2. In
respect of each person or entity specified for the purposes of subsection (1),
a report appraising the market value of vested real property under the
ownership or control of the specified person or entity before the property was vested
in the Crown under
section 2.
Same
(5) A
separate report shall be prepared under subsection (4) in respect of each
regulation made for the purposes of subsection 2 (1) and each report shall
contain,
(
a) a
list of the selling prices of comparable properties;
(
b) an
explanation of any reductions made under subsection (3); and
(
c) such other information as may be required by the
regulations.
Timing
and methodologies for determining or valuing amounts
(6) The
appraisal of market value under subsection (4) is subject
to such rules as may be specified in the regulations respecting,
(
a) dates
or periods with respect to which the market value of vested real property shall
be determined or valued;
(
b) methodologies
for determining or valuing any amount or thing related to appraising the market
value of vested real property; and
(
c) such
other rules as may be set out in the regulations.
Provision
of reports
(7) The
Crown shall provide a copy of the relevant report to the City of Toronto and to
each specified person or entity, as applicable, at the time compensation is
paid.
Overpayment
(8) Any
amount paid to the City of Toronto or to a specified person or entity under
this
section that exceeds the amount of compensation to which the City, person
or entity is entitled under this
section is a debt due to the Crown, and the
Crown may recover the debt by action or by any other remedy or procedure
available by law to the Crown for the collection of debts owed to the Crown.
Money
appropriated by the Legislature
(9) The
compensation payable under this
section shall be paid for out of the money
appropriated for the purpose by the Legislature.
Disputes
(10) Any
dispute relating to this
section shall be determined by binding arbitration
under the Arbitration Act, 1991 .
Market
value
(11) In
this section,
“market
value” in respect of property means the amount that the property might be
expected to realize, based on the existing condition and current use of the
property, if sold in the open market by a willing seller to a willing buyer.
Planning
Ontario Place Site
Amendment
of official plan re Ontario Place site
(1) The Minister may, by order,
amend an official plan under the Planning
Act if the Minister is of the opinion that the plan is likely to
adversely affect a matter of provincial interest within the meaning of that Act
in respect of the Ontario Place site.
Effect
of order
(2) The
Minister’s order has the same effect as an amendment to the plan adopted by the
council and approved by the appropriate approval authority under the Planning Act .
Non-application
of Legislation Act, 2006 ,
Part III
(3) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to an order made under subsection (1).
Power
of Minister re zoning and subdivision control, Ontario Place site
6 The Minister may, in respect of the Ontario
Place site, by order under this Act, exercise any of the powers conferred upon
the Minister of Municipal Affairs and Housing under
section 47 of the Planning Act .
Non-application,
provincial policy
statements
etc.
7 Despite any other Act, an order made under
section 5 or 6 need not be consistent with any policy statement issued under
subsection 3 (1) of the Planning Act
and need not conform with any provincial plan in effect in the area in which
the order applies.
Conflict
(1) In the event of conflict between
an order made under
section 23 of the Planning Act
in respect of the Ontario Place site and an order made under
section 5 of this
Act, the order made under
section 5 prevails.
(2) In
the event of conflict between an order made under
section 47 of the Planning Act in respect of the Ontario Place site and an
order made under
section 6 of this Act, the order made under
section 6
prevails.
Environmental Assessment Exemptions
Environmental
Assessment Act ,
exemptions re Ontario Place
(1) The following are exempt from
the Environmental Assessment Act :
1. Any
undertaking carried out at the site described in subsection (2).
2. Any
undertaking that is not carried out at the site described in subsection (2),
including any of the following undertakings, if the undertaking furthers the
Ontario Place Redevelopment Project:
i. Establishing,
changing or retiring water works or sewage works.
ii. Establishing,
changing or retiring a highway, an access point associated with a highway or a
parking facility or area.
iii. Acquiring
or disposing of any land, buildings, structures, fixtures, additions,
alterations or improvements, and any interests in such land, buildings,
structures, fixtures, additions, alterations or improvements.
3. The
vesting of any land, buildings, structures, fixtures, additions, alterations or
improvements, and any interests in such land, buildings, structures, fixtures,
additions, alterations or improvements under
section 2 and any other
undertakings related to the vesting.
Site
of undertakings
(2) The
site mentioned in subsection (1) is comprised of,
(
a) the
land identified by the Property Identification Numbers set out in
Schedule 3;
and
(
b) prescribed
land, if any, that is part of the land identified by the Property
Identification Numbers set out in
Schedule 1.
Non-application
of exemption
(3) An
exemption in subsection (1) does not apply in respect of,
(
a) an
undertaking for which a notice of completion has been issued on or before July
4, 2023 under the Public Work Class Environmental Assessment; or
(
b) such
other undertakings as may be prescribed.
Changes
to specified undertakings
(4) Any
change to an undertaking described in clause (3) (
a) is exempt from the Environmental Assessment Act .
Definitions
(5) In
this section,
“highway”
has the same meaning as under the Highway Traffic Act ;
(“voie publique”)
“Public
Work Class Environmental Assessment” means the Class Environmental Assessment
Process for Management Board Secretariat and Ontario Realty Corporation
approved by the Lieutenant Governor in Council on April 28, 2004 under Order in
Council 913/2004, as amended or renamed from time to time; (“Évaluation
environnementale de portée générale pour les travaux publics”)
“sewage
works” has the same meaning as under the Ontario Water
Resources Act ; (“station d’épuration des eaux d’égout”)
“undertaking”
has the same meaning as under the Environmental Assessment
Act ; (“entreprise”)
“water
works” has the same meaning as under the Ontario Water
Resources Act . (“station de purification de l’eau”)
Non-Application of Ontario Heritage Act
Non-application
of Ontario Heritage Act , re Ontario Place
(1) Despite subsection 68 (3) of the
Ontario Heritage Act , and subject to any
regulations made under subsection (2) of this section, the Ontario Heritage Act does not apply in respect of,
(
a) the
land identified by the Property Identification Numbers set out in
Schedule 3;
(
b) any
buildings or structures located on the land described in clause (a).
Regulations
(2) The
Lieutenant Governor in Council may make regulations,
(
a) specifying
additional land, buildings or structures at the Ontario Place site to which the
Ontario Heritage Act does not apply;
(
b) specifying
land, buildings or structures at the Ontario Place site to which the Ontario Heritage Act applies, which may include the
Cinesphere and the five elevated, interconnected pavilions, known as the Pods.
Same
(3) For
greater certainty, if a regulation made under clause (2) (
b) specifies a
building, structure or land to which the Ontario Heritage
Act applies, the Act does not apply in respect of any other buildings,
structures or land described in subsection (1) or specified in a regulation
made under clause (2) (a).
Same
(4) Subsection
(3) applies even if the transfer, use, development or modification of the other
buildings, structures or land mentioned in that subsection would directly or
indirectly affect the building, structure or land specified in the regulation
made under clause (2) (b).
Limitations on City of Toronto Powers
Noise
at Ontario Place
(1) Despite sections 7 and 8 of the City of Toronto Act 2006 , the City of Toronto does not
have the power to prohibit and regulate with respect to noise emitted from the
Ontario Place site, except as otherwise authorized by regulation.
Regulations
(2) The
Lieutenant Governor in Council may make regulations,
(
a) authorizing
the City of Toronto to prohibit and regulate with respect to noise emitted from
the Ontario Place site; and
(
b) governing
the powers of the City of Toronto under clause (a).
Facilitate
construction at the Ontario Place site, regulations
(1) If the Lieutenant Governor in
Council considers that it is necessary or desirable to facilitate construction
at the Ontario Place site, the Lieutenant Governor in Council may make
regulations imposing limits and conditions on the power of the City of Toronto
under the City of Toronto Act, 2006 , or providing
that the City cannot exercise the power in specified circumstances.
Same
(2) If
a regulation under subsection (1) imposes limits or conditions on a power of
the City of Toronto or provides that the City cannot exercise a power in specified
circumstances, any by-law made by the City under the applicable power is
inoperative to the extent of the limits, conditions or prohibition.
Municipal Service and Right of Way Access
Municipal
service and right of way access
(1) This
section applies if the Minister
determines that the Corporation or any other prescribed person or entity
requires any of the following for the purpose of furthering the Ontario Place
Redevelopment Project:
1. Municipal
service and right of way access in the form of the use, occupation,
modification or temporary closure of a municipal highway, or a municipal right
of way.
2. Municipal
service and right of way access in the form of the use of, access to or
modification of,
i. real
property or an interest in real property that is under City of Toronto
ownership or control,
ii. infrastructure
that is under City of Toronto ownership or control, or
iii. municipal
services related to the infrastructure mentioned in subparagraph ii.
Application
(2) For
greater certainty, this
section applies in respect of any municipal service and
right of way access described in subsection (1) regardless of where the service
or right of way is located, if the Minister determines that municipal service
and right of way access is required for the purpose of furthering the Ontario
Place Redevelopment Project.
Modification
includes construction
(3) A
reference in subsection (1) to the modification of a municipal service includes
a reference to the removal of a municipal service and a reference to the
construction of a municipal service that does not exist on the date
section 2 of
Schedule 2 to the New Deal for Toronto Act, 2023
comes into force.
Notice
(4) The
Minister shall notify the City of Toronto and the Corporation or the person or
entity prescribed for the purposes of subsection (1), as applicable, that any
municipal service and right of way access described in that subsection is required
by giving written notice stating,
(
a) the
particulars of the municipal service and right of way access that is required;
and
(
b) the
date by which the municipal service and right of way access is required.
Negotiation
(5) After
the City of Toronto and the Corporation or the person or entity prescribed for
the purposes of subsection (1), as applicable, receive the notice, the City of
Toronto and the Corporation or prescribed person or entity, as applicable, shall
enter reasonably promptly into negotiations to agree on terms for the municipal
service and right of way access.
negotiation fails, Minister’s order
(6) If,
in the Minister’s opinion, the City of Toronto and the Corporation or the
person or entity prescribed for the purposes of subsection (1), as applicable,
will not be able to agree on terms for the municipal service and right of way
access even though the Corporation or the prescribed person or entity, as
applicable, has made reasonable efforts to reach an agreement, the Minister may
make a municipal service and right of way access order in accordance with
subsections (7) and (8).
Before
making order
(7) In
developing a municipal service and right of way access order, the Minister,
(
a) shall
consult with the City of Toronto and the Corporation or the person or entity
prescribed for the purposes of subsection (1), as applicable, in the manner
that, in the Minister’s opinion, is appropriate;
(
b) may
require the City of Toronto and the Corporation or the person or entity
prescribed for the purposes of subsection (1), as applicable, to provide information
that, in the Minister’s opinion, the Minister requires to make the order; and
(
c) may
obtain technical or other advice on the development of the order.
Terms
of order
(8) A
municipal service and right of way access order may require the City of Toronto
to provide the municipal service and right of way access set out in the order
and may set terms governing the City of Toronto and the Corporation or the
person or entity prescribed for the purposes of subsection (1), as applicable,
in respect of the municipal service and right of way access, including terms
respecting any of the following matters:
1. Implementation
of adequate measures to mitigate the impact on the public of the municipal
service and right of way access, which may include notification to the City of
Toronto and the public of matters concerning the municipal service and right of
way access.
2. Provision
of resources and compensation to address the impact on the City of Toronto of
the municipal service and right of way access.
3. Measures
to address potential City of Toronto liability arising from the municipal
service and right of way access.
4. Technical
standards that must be met to support the municipal service and right of way
access.
5. Dispute
resolution.
6. Any
other matters.
Revising
or cancelling order
(9) If
the Minister determines that it is necessary to do so, the Minister may revise
or cancel the municipal service and right of way access order by giving the City
of Toronto and the Corporation or the person or entity prescribed for the
purposes of subsection (1), as applicable, written notice stating,
(
a) the
particulars of why the order needs to be revised or cancelled and, if revision
is required, of the revision; and
(
b) the
date that the revision or cancellation is to take effect.
Negotiation,
development and terms
(10) Subsections
(5) to (8) apply, with necessary modifications, with respect to the revision or
cancellation of the municipal service and right of way access order.
Money
appropriated by the Legislature
(11) Any
compensation payable under this
section shall be paid for out of the money
appropriated for the purpose by the Legislature.
Compliance
with order
(12) The
City of Toronto, the Corporation and any person or entity prescribed for the
purposes of subsection (1) shall comply with a municipal service and right of
way access order.
Enforcement
(13) A
municipal service and right of way access order may be filed in the Superior
Court of Justice and then may be enforced as if it were an order of that court.
Miscellaneous
Ministerial
directives
(1) The Minister may issue
directives in writing to the Corporation in respect of any matter under this
Act.
Implementation
(2) The
Corporation’s board of directors shall ensure the directives to the Corporation
are implemented promptly and efficiently.
Directive
not a regulation
(3) A
directive is not a regulation within the meaning of
Part III (Regulations) of
the Legislation Act, 2006 .
Delegation
to Infrastructure Ontario
15 The Minister may delegate the Minister’s
functions under subsections 4 (4) and 13 (1), (2) and (4) in whole or in part
to the Corporation, subject to any conditions and restrictions set out in the
delegation.
Serving
a document
(1) Except
as otherwise provided under this Act, a notice, order or document that is
required or permitted to be given or provided to, or served on, a person or
entity under this Act is sufficiently given, provided or served if it is,
(
a) delivered
directly to the person or entity;
(
b) sent
by registered mail to the person’s or entity’s last known address;
(
c) sent
by email to the person’s or entity’s last known email address; or
(
d) given
by any other prescribed means.
Deemed
receipt
(2) Subject
to subsection (3),
(
a) a
document sent under clause (1) (
c) is deemed to have been received on the first
business day after the day it was sent; and
(
b) a
document sent under clause (1) (
d) is deemed to have been received on the day
specified by the regulations.
Failure
to receive document
(3) Subsection
(2) does not apply if the person or entity establishes that they, acting in
good faith, did not receive the document or received it on a later date because
of a reason beyond their control, including absence, accident, disability or
illness.
Extinguishment
of causes of action
(1) No cause of action arises
against the Crown, the Corporation, any current or former member of the
Executive Council or any current or former employee, officer or agent of or
advisor to the Crown or the Corporation as a direct or indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this Act;
(
b) the
making, amendment or revocation of any provision of a regulation, order,
directive, notice, report or other instrument under this Act;
(
c) anything
done or not done in accordance with this Act, or a regulation, order,
directive, notice, report or other instrument under this Act;
(
d) any
modification, revocation, cessation or termination of rights in real property,
contractual rights or other rights resulting from anything referred to in
clauses (
a) to (c); or
(
e) any
representation or other conduct that is related, directly or indirectly, to the
actual or potential transfer of vested real property or any part thereof,
whether the representation or other conduct occurred before or after
section 2 of
Schedule 2 to the New Deal for Toronto Act, 2023 came
into force.
remedy
(2) Except
as otherwise provided under
section 4, in an order under
section 13 or in a
regulation under clause 19 (c), if any, no costs, compensation or damages,
including for loss of revenues or loss of profit, are owing or payable to any
person and no remedy, including but not limited to a remedy in contract,
restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any
equitable remedy or any remedy under any statute, is available to any person in
connection with anything referred to in subsection (1) against any person
referred to in that subsection.
Proceedings
barred
(3) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (1) may be brought or maintained against any person
referred to in that subsection.
Application
(4) Subsection
(3) does not apply with respect to an application for judicial review, but does
apply with respect to any other court, administrative or arbitral proceeding
claiming any remedy or relief, including specific performance, injunction,
declaratory relief or the enforcement of a judgment, order or award made
outside Ontario.
Retrospective
effect
(5) Subsections
(1) to (3) apply regardless of whether the cause of action on which a
proceeding is purportedly based arose before, on or after the day this
subsection came into force.
costs awarded
(6) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (3).
Aboriginal
or treaty rights
(7) This
section does not apply to a cause of action that arises from any aboriginal or
treaty right that is recognized and affirmed by
section 35 of the Constitution Act, 1982 .
expropriation or injurious affection
(8) Nothing
referred to in subsection (1) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Proceedings
by Crown not prevented
(9) This
section does not apply with respect to proceedings brought by the Crown.
Regulations, Minister
18 The Minister may make regulations,
(
a) respecting
anything that is referred to in this Act as being prescribed;
(
b) exempting
any person or entity from a provision of this Act or the regulations, with or
without conditions;
(
c) defining
any word or expression used in this Act that is not already defined and further
defining any word or expression used in this Act that is already defined in
this Act;
(
d) requiring
the City of Toronto or other specified person or entity to take specified actions
with respect to vested real property;
(
e) governing
the recovery by the Crown of costs from the City of Toronto or other prescribed
person or entity, including prescribing circumstances in which the Crown may
recover costs, prescribing the costs that may be recovered, requiring the City
of Toronto or other prescribed person or entity to pay such costs and
authorizing the Crown to recover the prescribed costs in those prescribed
circumstances;
(
f) respecting
whether an undertaking is in furtherance of the Ontario Place Redevelopment Project
for the purposes of paragraph 2 of subsection 9 (1), which may include
specifying undertakings that further or do not further the Project or
authorizing a person specified by the regulations to make a determination of
whether undertakings further the Project;
(
g) requiring
the City of Toronto or a specified person or entity to provide information to
the Minister or other prescribed person or entity that is relevant to the
administration of this Act;
(
h) providing
for transitional matters which, in the opinion of the Minister, are necessary
or desirable to,
(
i) facilitate
the implementation of this Act or any provision of this Act, including matters
arising from the vesting of real property,
(ii) deal
with problems or issues arising as a result of the enactment of this Act;
(
i) providing
for any other matters to carry out this Act, other than matters that may be the
subject of regulations made under subsection 10 (2), 11 (2) or
section 12 or
Regulations,
Lieutenant Governor in Council
19 The Lieutenant Governor in Council may make
regulations,
(
a) if
the Lieutenant Governor in Council is of the opinion that an agreement may
interfere with the vesting of real property under this Act or the furthering of
the Ontario Place Redevelopment Project, governing such agreements to the
extent of the interference, including,
(
i) deeming
specified terms or conditions to be or not to be included in an agreement,
(ii) requiring
the parties to an agreement to include specified terms or conditions in the
agreement,
(iii) prohibiting
an agreement from including specified terms or conditions;
(
b) addressing
the consequences of a contravention of or non-compliance with
section 3,
including,
(
i) respecting
measures that shall be taken by the City of Toronto, the Minister, the
Corporation or any other person or entity in connection with the contravention
or non-compliance,
(ii) governing
the rights, powers and obligations of persons or entities who were directly or
indirectly affected by the contravention or non-compliance,
(iii) governing
the vesting of real property, including the registration on title, in
connection with the contravention or non-compliance,
(iv) providing
for exceptions, conditions, limitations or restrictions;
(
c) governing
compensation under
section 4, including,
(
i) specifying
persons or entities for the purpose of subsection 4 (1),
(ii) governing
amounts for the purposes of subsection 4 (2), including fixing the amounts,
setting maximum or minimum amounts and specifying methods or techniques for
determining amounts or maximum or minimum amounts,
(iii) specifying
an entity and providing for requirements in respect of a report under
subsection 4 (4),
(iv) respecting
the rules that apply in appraising market value under subsection 4 (6),
(
v) requiring
the City of Toronto or a specified person or entity to receive payments of the
amounts referred to in subclause (ii) or to participate in specified methods
for receiving such payments;
(
d) governing
service for the purposes of
section 16, which may include specifying a date for
the purpose of clause 16 (2) (b).
Adoption
of documents in regulations
(1) A regulation may adopt by
reference, in whole or in part, with such changes as the maker of the
regulation considers necessary, any document, including a code, formula,
standard, protocol or procedure, and may require compliance with any document
so adopted.
Rolling
incorporation by reference
(2) The
power to adopt by reference and require compliance with a document in
subsection (1) includes the power to adopt a document as it may be amended from
time to time.
Same
(3) The
adoption by reference of an amendment to a document comes into effect upon
publication of a notice of the amendment on the website mentioned in subsection
(4).
Publication
(4) The
Corporation shall publish documents adopted under subsection (1) and notices
mentioned in subsection (3) on the Corporation’s website and shall make them
publicly available in any other manner the Corporation considers advisable.
Retroactivity,
existing rights
21 If it so provides, a regulation is effective
with respect to a period before it is filed and applies to rights in real
property, contractual rights or other rights that existed at the time that the
regulation was made.
Amendments
Self-amendments
(1) Section 3 of this Act is
repealed.
(2) Section
9 of this Act is repealed and the following substituted:
Environmental Assessment Act , exemptions re Ontario
Place
(1) The following are exempt from
the Environmental Assessment Act :
1. Any
undertaking or
Part II.3 project carried out at the site described in
subsection (2).
2. Any
undertaking or
Part II.3 project that is not carried out at the site described
in subsection (2), including any of the following, if the undertaking or
Part
II.3 project furthers the Ontario Place Redevelopment Project:
i. Establishing,
changing or retiring water works or sewage works.
ii. Establishing,
changing or retiring a highway, an access point associated with a highway or a
parking facility or area.
iii. Acquiring
or disposing of any land, buildings, structures, fixtures, additions,
alterations or improvements, and any interests in such land, buildings,
structures, fixtures, additions, alterations or improvements.
3. The
vesting of any land, buildings, structures, fixtures, additions, alterations or
improvements, and any interests in such land, buildings, structures, fixtures,
additions, alterations or improvements under
section 2 and any other
undertakings or
Part II.3 projects related to the vesting.
Site
of undertakings or projects
(2) The
site mentioned in subsection (1) is comprised of,
(
a) the
land identified by the Property Identification Numbers set out in
Schedule 3;
and
(
b) prescribed
land, if any, that is part of the land identified by the Property
Identification Numbers set out in
Schedule 1.
Non-application
of exemption
(3) An
exemption in subsection (1) does not apply in respect of,
(
a) an
undertaking for which a notice of completion has been issued on or before July
4, 2023 under the Public Work Class Environmental Assessment; or
(
b) such
other undertakings or
Part II.3 projects as may be prescribed.
Changes
to specified undertakings
(4) Any
change to an undertaking described in clause (3) (
a) is exempt from the Environmental Assessment Act .
Definitions
(5) In
this section,
“highway”
has the same meaning as under the Highway Traffic Act ;
(“voie publique”)
“Part
II.3 project” and “undertaking” have the same meanings as under the Environmental Assessment Act ; (“projet visé par la
partie
II.3”, “entreprise”)
“Public
Work Class Environmental Assessment” means the Class Environmental Assessment
Process for Management Board Secretariat and Ontario Realty Corporation
approved by the Lieutenant Governor in Council on April 28, 2004 under Order in
Council 913/2004, as amended or renamed from time to time; (“Évaluation
environnementale de portée générale pour les travaux publics”)
“sewage
works” has the same meaning as under the Ontario Water
Resources Act ; (“station d’épuration des eaux d’égout”)
“water
works” has the same meaning as under the Ontario Water
Resources Act . (“station de purification de l’eau”)
(3) Section
9 of this Act, as re-enacted by subsection (2), is repealed and the following
substituted:
Environmental
Assessment Act ,
exemptions re Ontario Place
(1) The following are exempt from
the Environmental Assessment Act :
1. Any
undertaking,
Part II.3 project or
Part II.4 project carried out at the site
described in subsection (2).
2. Any
undertaking,
Part II.3 project or
Part II.4 project that is not carried out at
the site described in subsection (2), including any of the following, if the
undertaking,
Part II.3 project or
Part II.4 project furthers the Ontario Place
Redevelopment Project:
i. Establishing,
changing or retiring water works or sewage works.
ii. Establishing,
changing or retiring a highway, an access point associated with a highway or a
parking facility or area.
iii. Acquiring
or disposing of any land, buildings, structures, fixtures, additions,
alterations or improvements, and any interests in such land, buildings,
structures, fixtures, additions, alterations or improvements.
3. The
vesting of any land, buildings, structures, fixtures, additions, alterations or
improvements, and any interests in such land, buildings, structures, fixtures,
additions, alterations or improvements under
section 2 and any other
undertakings,
Part II.3 projects or
Part II.4 projects related to the vesting.
Site
of undertakings or projects
(2) The
site mentioned in subsection (1) is comprised of,
(
a) the
land identified by the Property Identification Numbers set out in
Schedule 3;
and
(
b) prescribed
land, if any, that is part of the land identified by the Property
Identification Numbers set out in
Schedule 1.
Non-application
of exemption
(3) An
exemption in subsection (1) does not apply in respect of,
(
a) an
undertaking or
Part II.4 project for which a notice of completion has been
issued on or before July 4, 2023 under the Public Work Class Environmental
Assessment; or
(
b) such
other undertakings,
Part II.3 projects or
Part II.4 projects as may be
prescribed.
Changes
to specified undertakings
(4) Any
change to an undertaking or
Part II.4 project described in clause (3) (
a) is
exempt from the Environmental Assessment Act.
Definitions
(5) In
this section,
“highway”
has the same meaning as under the Highway Traffic Act ;
(“voie publique”)
“Part II.3 project”, “Part II.4 project” and
“undertaking” have the same meanings as under the Environmental
Assessment Act ; (“projet visé par la
partie II.3”, “projet visé par la
partie II.4”, “entreprise”)
“Public
Work Class Environmental Assessment” means the Class Environmental Assessment
Process for Management Board Secretariat and Ontario Realty Corporation
approved by the Lieutenant Governor in Council on April 28, 2004 under Order in
Council 913/2004, as amended or renamed from time to time; (“Évaluation
environnementale de portée générale pour les travaux publics”)
“sewage
works” has the same meaning as under the Ontario Water
Resources Act ; (“station d’épuration des eaux d’égout”)
“water
works” has the same meaning as under the Ontario Water
Resources Act . (“station de purification de l’eau”)
(4) Section
9 of this Act, as re-enacted by subsection (3), is repealed and the following
substituted:
Environmental
Assessment Act ,
exemptions re Ontario Place
(1) The following are exempt from
the Environmental Assessment Act :
1. Any
Part II.3 project or
Part II.4 project carried out at the site described in
subsection (2).
2. Any
Part II.3 project or
Part II.4 project that is not carried out at the site described
in subsection (2), including any of the following, if the
Part II.3 project or
Part II.4 project furthers the Ontario Place Redevelopment Project:
i. Establishing,
changing or retiring water works or sewage works.
ii. Establishing,
changing or retiring a highway, an access point associated with a highway or a
parking facility or area.
iii. Acquiring
or disposing of any land, buildings, structures, fixtures, additions,
alterations or improvements, and any interests in such land, buildings,
structures, fixtures, additions, alterations or improvements.
3. The
vesting of any land, buildings, structures, fixtures, additions, alterations or
improvements, and any interests in such land, buildings, structures, fixtures,
additions, alterations or improvements under
section 2 and any related
Part
II.3 projects or
Part II.4 projects.
Site
of projects
(2) The
site mentioned in subsection (1) is comprised of,
(
a) the
land identified by the Property Identification Numbers set out in
Schedule 3;
and
(
b) prescribed
land, if any, that is part of the land identified by the Property
Identification Numbers set out in
Schedule 1.
Non-application
of exemption
(3) An
exemption in subsection (1) does not apply in respect of,
(
a) a
Part II.4 project for which a notice of completion has been issued on or before
July 4, 2023 under the Public Work Class Environmental Assessment; or
(
b) such
other
Part II.3 projects or
Part II.4 projects as may be prescribed.
Changes
to specified projects
(4) Any
change to a
Part II.4 project described in clause (3) (
a) is exempt from the Environmental Assessment Act .
Definitions
(5) In
this section,
“highway”
has the same meaning as under the Highway Traffic Act ;
(“voie publique”)
“Part
II.3 project” and “Part II.4 project” have the same meanings as under the Environmental Assessment Act ; (“projet visé par la
partie
II.3”, “projet visé par la
partie II.4”)
“Public
Work Class Environmental Assessment” means the Class Environmental Assessment
Process for Management Board Secretariat and Ontario Realty Corporation
approved by the Lieutenant Governor in Council on April 28, 2004 under Order in
Council 913/2004, as amended or renamed from time to time; (“Évaluation
environnementale de portée générale pour les travaux publics”)
“sewage
works” has the same meaning as under the Ontario Water
Resources Act ; (“station d’épuration des eaux d’égout”)
“water
works” has the same meaning as under the Ontario Water
Resources Act . (“station de purification de l’eau”)
(5) Clause
18 (
f) of this Act is repealed and the following substituted:
(
f) respecting
whether an undertaking or
Part II.3 project is in furtherance of the Ontario
Place Redevelopment Project for the purposes of paragraph 2 of subsection 9
(1), which may include specifying undertakings or
Part II.3 projects that
further or do not further the Ontario Place Redevelopment Project or
authorizing a person specified by the regulation to make a determination of
whether undertakings or
Part II.3 projects further the Ontario Place
Redevelopment Project;
(6) Clause
18 (
f) of this Act, as re-enacted by subsection (5), is repealed and the
following substituted:
(
f) respecting
whether an undertaking,
Part II.3 project or
Part II.4 project is in
furtherance of the Ontario Place Redevelopment Project for the purposes of
paragraph 2 of subsection 9 (1), which may include specifying undertakings,
Part II.3 projects or
Part II.4 projects that further or do not further the
Ontario Place Redevelopment Project or authorizing a person specified by the
regulation to make a determination of whether undertakings,
Part II.3 projects
Part II.4 projects further the Ontario Place Redevelopment Project;
(7) Clause
18 (
f) of this Act, as re-enacted by subsection (6), is repealed and the
following substituted:
(
f) respecting
whether a
Part II.3 project or
Part II.4 project is in furtherance of the
Ontario Place Redevelopment Project for the purposes of paragraph 2 of
subsection 9 (1), which may include specifying
Part II.3 projects or
Part II.4
projects that further or do not further the Ontario Place Redevelopment Project
or authorizing a person specified by the regulation to make a determination of
whether
Part II.3 projects or
Part II.4 projects further the Ontario Place
Redevelopment Project;
Consequential Amendments
Environmental
Bill of Rights, 1993
(1) The Environmental
Bill of Rights, 1993 is amended by adding the following section:
Exception:
Rebuilding Ontario Place Act, 2023
33.1 The requirements of
this Part are deemed not to have applied with respect to the Rebuilding Ontario Place Act, 2023 .
(2) Section
33.1 of the Act, as enacted by subsection (1), is repealed.
Ontario
Infrastructure and Lands Corporation Act, 2011
24 Paragraph 4 of subsection 4 (1) of the Ontario Infrastructure and Lands Corporation Act, 2011 is
repealed and the following substituted:
4. To
carry out the powers, duties and functions delegated by the Minister to the
Corporation under the Ministry of Infrastructure Act, 2011 ,
the Building Broadband Faster Act, 2021 or the Rebuilding Ontario Place Act, 2023 .
4.1 To
carry out the powers, duties and functions of the Corporation under the Rebuilding Ontario Place Act, 2023 .
Commencement and
Short Title
Commencement
(1) Except as otherwise provided
in this section, the Act set out in this
Schedule comes into force on the day the
New Deal for Toronto Act, 2023 receives Royal
Assent.
(2) Sections
11 and 22 come into force on a day to be named by proclamation of the
Lieutenant Governor.
(3) Subsection
23 (2) comes into force on the day that is 30 days after the day the New Deal for Toronto Act, 2023 receives Royal Assent.
Short
title
26 The
short title of the Act set out in this
Schedule is the Rebuilding Ontario Place Act, 2023 .
Schedule 1
Land that can be prescribed for the purposes of subsections 2 (1) and 9 (1)
1. Property
Identification Number 21418-0100 (LT), being part Blocks A and M on Plan D1397
Toronto; part Water Lot in front of Plan Ordnance Reserve Toronto lying east of
Water Lot at foot of Dufferin Street & South of Lake Shore Boulevard West,
granted to The Toronto Harbour Commissioners by Dominion Government on June 5,
1934 by WF17942 as in WF55391 (Parcel 5) except 63R-1786 & 63R-2034 and as
in OF24339 except WF55391; Subject to CA208787; City of Toronto.
2. Property
Identification Number 21416-0099 (LT), being
part Lots G and H on Plan D1411
Toronto; Lots J, K, L, M, N, O, P and Q on Plan D1411 Toronto; part Water Lot
in front of Lots 33 and 34, Concession Broken Front Toronto;
part Lots 12 to 25
on Plan 782 Parkdale; part Water Lot in front of Lot 31 Concession Broken Front
Toronto; Water Lot in front of Lot 36 Concession Broken Front Toronto; part
Water Lot in front of Dufferin Street Toronto; Hawthorne Terrace on Plan 549
Parkdale also known as Laburnam Avenue closed by WF35040;
part Lots 9, 10 and
19 to 24 on Plan 549 Parkdale;
part Lots 69, 70 and 94 on Plan 333 Parkdale;
Dowling Avenue on Plan 333 Parkdale closed by WF35040; Water Lots 25 to 30 on
Plan 549 Toronto; Jameson Avenue on Plan 370 Parkdale closed by WF43635; part
Block J on Plan D1478 Toronto; part Water Lot in front of Lot 32 Concession
Broken Front Toronto part also described as Water Lots 1A, 2A and 3A on Plan
1011 Toronto;
part Lot 46 on Plan 443 Parkdale; Lots 52 to 59 on Plan 443
Parkdale; Dunn Avenue on Plan 443 Parkdale closed by WF35040; Dunn Avenue on
Plan 443 Parkdale south of Block K on Plan D1478 Toronto; part Blocks H and K
on Plan D1478 Toronto;
part Lots 1 to 3 on Plan D1478 Toronto;
part Lots 105 to
111 on Plan 613 Parkdale; Lots 112 to 114 on Plan 613 Parkdale;
part Lots 15
and 16 W/S Jameson Avenue on Plan 370 Parkdale;
part Lots 1 to 3 on Plan 1011
Toronto as in CA333154, CT452027 (part of Parcel 3), WF55391 (Parcels 2, 3, 4
and 5), WF15313, WF11641 (Parcel 1), WF6757, WF6717, OD12056 (Parcel 1),
OF64044; except
Part 9 on 63R-275 & Parts 1, 2 and 3 on 63R-265; Subject to
CA208787, WF51758; Subject to an easement in gross over Parts 1, 2 and 3 on
64R-14276, Parts 1, 2 and 3 on 64R-14277,
Part 1 on 64R-14278,
Part 1 on
64R-14279 as in AT3917049; City of Toronto.
Schedule 2
Land that can be prescribed as the Ontario Place site
1. Property
Identification Number 21418-0100 (LT), being part Blocks A and M on Plan D1397
Toronto; part Water Lot in front of Plan Ordnance Reserve Toronto lying east of
Water Lot at foot of Dufferin Street & South of Lake Shore Boulevard West,
granted to The Toronto Harbour Commissioners by Dominion Government on June 5,
1934 by WF17942 as in WF55391 (Parcel 5) except 63R-1786 & 63R-2034 and as
in OF24339 except WF55391; Subject to CA208787; City of Toronto.
2. Property
Identification Number 21416-0099 (LT), being
part Lots G and H on Plan D1411
Toronto; Lots J, K, L, M, N, O, P and Q on Plan D1411 Toronto; part Water Lot
in front of Lots 33 and 34, Concession Broken Front Toronto;
part Lots 12 to 25
on Plan 782 Parkdale; part Water Lot in front of Lot 31 Concession Broken Front
Toronto; Water Lot in front of Lot 36 Concession Broken Front Toronto; part
Water Lot in front of Dufferin Street Toronto; Hawthorne Terrace on Plan 549
Parkdale also known as Laburnam Avenue closed by WF35040;
part Lots 9, 10 and
19 to 24 on Plan 549 Parkdale;
part Lots 69, 70 and 94 on Plan 333 Parkdale;
Dowling Avenue on Plan 333 Parkdale closed by WF35040; Water Lots 25 to 30 on
Plan 549 Toronto; Jameson Avenue on Plan 370 Parkdale closed by WF43635; part
Block J on Plan D1478 Toronto; part Water Lot in front of Lot 32 Concession
Broken Front Toronto part also described as Water Lots 1A, 2A and 3A on Plan
1011 Toronto;
part Lot 46 on Plan 443 Parkdale; Lots 52 to 59 on Plan 443
Parkdale; Dunn Avenue on Plan 443 Parkdale closed by WF35040; Dunn Avenue on
Plan 443 Parkdale south of Block K on Plan D1478 Toronto; part Blocks H and K
on Plan D1478 Toronto;
part Lots 1 to 3 on Plan D1478 Toronto;
part Lots 105 to
111 on Plan 613 Parkdale; Lots 112 to 114 on Plan 613 Parkdale;
part Lots 15
and 16 W/S Jameson Avenue on Plan 370 Parkdale;
part Lots 1 to 3 on Plan 1011
Toronto as in CA333154, CT452027 (part of Parcel 3), WF55391 (Parcels 2, 3, 4
and 5), WF15313, WF11641 (Parcel 1), WF6757, WF6717, OD12056 (Parcel 1), OF64044;
except
Part 9 on 63R-275 & Parts 1, 2 and 3 on 63R-265; Subject to
CA208787, WF51758; Subject to an easement in gross over Parts 1, 2 and 3 on
64R-14276, Parts 1, 2 and 3 on 64R-14277,
Part 1 on 64R-14278,
Part 1 on
64R-14279 as in AT3917049; City of Toronto.
3. Property
Identification Number 21417-0001(LT), being Parcel Lot 31-1,
Section CL3368,
being part of the Bed of Lake Ontario in front of the Ordnance Reserve and Lot
31, Broken Front Concession CL3368, Toronto, designated as
Part 1 on Reference
Plan 66R-13434; City of Toronto.
4. Property
Identification Number 21418-0099(LT), being part of the Water Lot in front of
Plan Ordnance Reserve, Toronto, designated as
Part 1 on Reference Plan 63R-1786
and
Part 1 on Reference Plan 63R-2034; City of Toronto.
Schedule 3
Specified land at the Ontario Place site
1. Property
Identification Number 21417-0001(LT), being Parcel Lot 31-1,
Section CL3368,
being part of the Bed of Lake Ontario in front of the Ordnance Reserve and Lot
31, Broken Front Concession CL3368, Toronto, designated as
Part 1 on Reference
Plan 66R-13434; City of Toronto.
2. Property
Identification Number 21418-0099(LT), being part of the Water Lot in front of
Plan Ordnance Reserve, Toronto, designated as
Part 1 on Reference Plan 63R-1786
and
Part 1 on Reference Plan 63R-2034; City of Toronto.
Bill 154 Original (PDF)
EXPLANATORY
NOTE
SCHEDULE 1
RECOVERY THROUGH GROWTH ACT (CITY OF TORONTO), 2023
The
Schedule enacts the Recovery Through Growth Act (City of
Toronto), 2023 . The Act requires the Government of Ontario and the City
of Toronto to discuss the F. G. Gardiner Expressway and the Don Valley Parkway,
financial support for the Toronto Transit Commission subway system, the use of
provincial and municipal surplus lands within the City of Toronto and financial
support to the City of Toronto for shelters and other homelessness programs and
services. Other matters for discussion can be prescribed.
SCHEDULE 2
REBUILDING ONTARIO PLACE ACT, 2023
The
Schedule enacts the Rebuilding Ontario Place Act, 2023 .
The Act defines several terms including vested real property, the Ontario Place
site and the Ontario Place Redevelopment Project, and provides for the vesting
of prescribed real property to the Crown. The City of Toronto is prohibited
from encumbering, selling or otherwise disposing of land identified by Property
Identification Numbers set out in
Schedule 1 to the Act. The Act requires the
Crown to pay compensation in respect of vested real property that vests in the
Crown and sets out a framework for paying the compensation. (Sections 1 to 4)
The
Act, in effect, gives the Minister of Infrastructure the powers conferred upon
the Minister of Municipal Affairs and Housing under sections 23 and 47 of the Planning Act and provides that any order made by the
Minister of Infrastructure using those powers need not be consistent with any
policy statement issued under subsection 3 (1) of the Planning
Act and need not conform with any provincial plan in effect in the area
in which the order applies. The Act exempts from the Environmental
Assessment Act , with certain exceptions, undertakings that are carried
out at a site that is comprised of the land identified by the Property
Identification Numbers set out in
Schedule 3 to the Act and any other
prescribed land that is part of the land identified by the Property
Identification Numbers set out in
Schedule 1. Undertakings that are not carried
out at that site are also exempt from the Environmental
Assessment Act if they further the Ontario Place Redevelopment Project.
The Act provides that the Ontario Heritage Act does
not apply in respect of land identified by Property Identification Numbers set
out in
Schedule 3 to the Act or any buildings or structures located on that
land or to any land, buildings or structures specified in regulations, if any.
The Act also authorizes regulations to specify land, buildings or structures at
the Ontario Place site to which the Ontario Heritage Act
applies. (Sections 5 to 10)
The
City of Toronto’s ability to prohibit and regulate noise emitted from the
Ontario Place site is removed unless authorized to do so under the regulations.
As well, the Act includes a regulation-making power to impose limits and
conditions on the power of the City of Toronto under the City
of Toronto Act, 2006 , if it is considered necessary or desirable to
facilitate construction at the Ontario Place site. (Sections 11 and 12)
it is determined by the Minister that specified municipal service and right of
way access is required for the purpose of furthering the Ontario Place
Redevelopment Project and the City of Toronto and the Corporation (or a prescribed
person or entity, if applicable) are not able to agree on terms for the
municipal service and right of way access, the Minister may make a municipal
service and right of way access order setting out terms specified in the Act. (Section
13)
The
remaining provisions of the Act address various miscellaneous matters,
including Ministerial directives and delegation to the Ontario Infrastructure
and Lands Corporation, service of documents, protections against liability and
regulation-making powers (which may be retroactive). (Sections 14 to 21)
Finally,
a number of self-amendments and consequential amendments to the Environmental Bill of Rights, 1993 and the Ontario Infrastructure and Lands
Corporation Act, 2011 are made. (Sections 22 to 24)
The
main body of the Act comes into force on the day the New
Deal for Toronto Act, 2023 receives Royal Assent with several amending
provisions coming into force on a later day to be named by proclamation of the
Lieutenant Governor. Subsection 23 (2) which repeals the consequential
amendment to the Environmental Bill of Rights, 1993
comes into force 30 days after the New Deal for Toronto
Act, 2023 receives Royal Assent. (Section 25)
Bill 154 2023
Act to enact the Recovery Through Growth Act (City of Toronto), 2023 and the Rebuilding
Ontario Place Act, 2023
CONTENTS
Contents
of this Act
Commencement
Short
title
Schedule 1
Recovery
Through Growth Act (City of Toronto), 2023
Schedule 2
Rebuilding
Ontario Place Act, 2023
Preamble
The
Government of Ontario recognizes the City of Toronto’s unique role as a
regionally, provincially and nationally significant centre for job creation and
economic growth and a primary destination for young people and new immigrants.
This
Act is part of the Government’s efforts to improve the long-term financial
stability and sustainability of Toronto, and advance key priorities between the
City of Toronto and the Government of Ontario. This Act will support smart and
effective growth for Toronto, including in key areas such as transportation,
infrastructure, housing and efficient service delivery.
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
(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 New Deal for Toronto Act, 2023 .
SCHEDULE 1
RECOVERY THROUGH GROWTH ACT (CITY OF TORONTO), 2023
Discussions
between the Province and the City
(1) The
Government of Ontario and the City of Toronto shall continue to discuss the following,
including implementation plans where there is agreement:
1. The
F. G. Gardiner Expressway and the Don Valley Parkway, including the possibility
of those highways and the associated rights of way becoming provincial
responsibilities.
2. Financial
support for the Toronto Transit Commission subway system, including for initiatives
to improve public safety and security.
3. The
use of provincial and municipal surplus lands within the City of Toronto to
more effectively address housing needs, including the supply of all forms of
housing, and other priorities of the Province and the City of Toronto.
4. Financial
support to the City of Toronto for shelters and other homelessness programs and
homelessness programs and services for refugees and asylum seekers.
5. Any
other matters prescribed by the regulations.
Implementation
plans
(2) The
discussions required under subsection (1) shall include discussions of
implementation plans to implement anything agreed to between the Government of
Ontario and the City of Toronto.
Regulations
The Lieutenant
Governor in Council may make regulations,
(
a) setting
out a
schedule for the conduct of discussions required under subsection 1 (1);
(
b) prescribing
other matters for the purposes of paragraph 5 of subsection 1 (1).
Repeal
of Act
This
Act is repealed.
Commencement
(1) Except as otherwise provided in this section, the Act set out in
this
Schedule comes into force on the day the New Deal for
Toronto Act, 2023 receives Royal Assent.
(2) Section
3 comes into force on a day to be named by proclamation of the Lieutenant
Governor.
Short
title
The
short title of the Act set out in this
Schedule is the Recovery Through Growth Act (City of Toronto), 2023 .
SCHEDULE 2
REBUILDING ONTARIO PLACE ACT, 2023
CONTENTS
Interpretation
Definitions
Vested Real Property
Land
vested in the Crown
Restrictions
on City re property
Compensation
Planning Ontario Place Site
Amendment
of official plan re Ontario Place site
Power
of Minister re zoning and subdivision control, Ontario Place site
Non-application,
provincial policy statements etc.
Conflict
Environmental Assessment
Exemptions
Environmental
Assessment Act, exemptions re Ontario Place
Non-Application of Ontario
Heritage Act
Non-application
of Ontario Heritage Act, re Ontario Place
Limitations on City of Toronto
Powers
Noise
at Ontario Place
Facilitate
construction at the Ontario Place site, regulations
Municipal Service and Right of
Way Access
Municipal
service and right of way access
Miscellaneous
Ministerial
directives
Delegation
to Infrastructure Ontario
Serving
a document
Extinguishment
of causes of action
Regulations,
Minister
Regulations,
Lieutenant Governor in Council
Adoption
of documents in regulations
Retroactivity,
existing rights
Amendments
Self-amendments
Consequential Amendments
Environmental
Bill of Rights, 1993
Ontario
Infrastructure and Lands Corporation Act, 2011
Commencement and
Short Title
Commencement
Short
title
Schedule 1
Land
that can be prescribed for the purposes of subsections 2 (1) and 9
(1) Schedule 2
Land
that can be prescribed as the Ontario Place site
Schedule 3
Specified
land at the Ontario Place site
Interpretation
Definitions
1 In this Act,
“Corporation”
means the Ontario Infrastructure and Lands Corporation; (“Société”)
“Crown”
means the Crown in right of Ontario; (“Couronne”)
“Minister”
means the Minister of Infrastructure or such other member of the Executive
Council to whom responsibility for the administration of this Act is assigned
or transferred under the Executive
Council Act ; (“ministre”)
“Ontario
Place Redevelopment Project” means,
(
a) an
enterprise or activity in respect of services, facilities, land or
infrastructure of any nature or kind at the Ontario Place site,
(
b) any
prescribed enterprise or activity at the Ontario Place site, or
(
c) a
proposal, plan or program in respect of an enterprise or activity described in
clause (
a) or (b); (“projet de réaménagement de la Place de l’Ontario”)
“Ontario
Place site” means the prescribed land that is part of the land identified by
the Property Identification Numbers set out in
Schedule 2; (“site de la Place
de l’Ontario”)
“prescribed”
means prescribed by the Minister under
section 18; (“prescrit”)
“regulations”
means the regulations made under this Act; (“règlements”)
“vested
real property” means the land, interests, buildings, structures, fixtures,
additions, alterations and improvements that are vested in the Crown under
section 2. (“biens réels dévolus”)
Vested Real Property
Land
vested in the Crown
(1) Any land
prescribed for the purposes of this subsection is vested in the Crown on the
date prescribed in respect of the land and is under the Minister’s control.
Buildings,
structures etc. vested in the Crown
(2) If
land is prescribed for the purpose of subsection (1), the following are also
vested in the Crown on the date prescribed in respect of the land and are under
the Minister’s control:
1. All
interests in the land.
2. All
buildings and structures located on the land and
all interests in those buildings and structures.
3. All
fixtures and all interests in fixtures installed or placed in or used in
connection with the land or the buildings or structures described in paragraph
4. All
additions, alterations and improvements and all interests in those additions,
alterations and improvements made in connection with the land or the buildings
or structures described in paragraph 2 or the fixtures described in paragraph 3.
Application
(3) Subsections
(1) and (2) apply despite anything in any agreement, instrument, other Act or
regulation, other than a regulation under this Act.
Ontario
Place land
(4) Land
prescribed for the purpose of subsection (1) must be within the land identified
by the Property Identification Numbers set out in
Schedule 1.
Exceptions
etc.
(5) This
section is subject to any prescribed exceptions, conditions, limitations or
restrictions.
Restrictions
on City re property
(1) No person or entity, including
the City of Toronto, shall encumber, sell or otherwise dispose of,
(
a) any
land that is part of the land identified by the Property Identification Numbers
set out in
Schedule 1;
(
b) any
buildings or structures located on the land described in clause (a);
(
c) any
interests in the land described in clause (
a) and any interests in the
buildings or structures described in clause (b);
(
d) any
fixtures or any interests in fixtures installed or placed in or used in
connection with the land described in clause (
a) or the buildings or structures
described in clause (b); or
(
e) any
additions, alterations and improvements or interests in those additions,
alterations and improvements made in connection with the land described in
clause (a), the buildings or structures described in clause (
b) or the fixtures
described in clause (d).
Deemed
contravention, pre-Royal Assent
(2) The
encumbrance, sale or disposal of any thing mentioned in subsection (1) by any
person or entity, including the City of Toronto, after the day the New Deal for Toronto Act, 2023 receives First Reading and
before the day that Act receives Royal Assent is deemed to be a contravention
of subsection (1).
Exceptions
etc.
(3) This
section is subject to any such exceptions, conditions, limitations or
restrictions as may be set out in the regulations.
Compensation
(1) If
vested real property was under the ownership or control of the City of Toronto,
or such other person or entity as may be specified in the regulations,
immediately before the property was vested in the Crown, the Crown shall pay
compensation in respect of the vested real property to the City of Toronto or
to the specified person or entity, as applicable, in accordance with this Act
and the regulations.
Same
(2) The compensation payable to the City of
Toronto or to the specified person or entity, as applicable, shall be based on
the market value of the property as set out in the reports mentioned in
subsection (4) and such other amounts as may be set
out in the regulations.
Costs
deducted from compensation
(3) If any amount, such as costs, is
recoverable under this Act by the Crown against the City of Toronto or any
person or entity specified for the purposes of subsection (1), the compensation
payable to the City, person or entity, as applicable, in respect of any vested
real property may be reduced by that amount or by a portion of that amount.
Appraisal
reports
(4) The
Minister, or another entity as may be specified in this Act or the regulations,
shall prepare the following reports in accordance with
such requirements as may be set out in the regulations :
1. A
report appraising the market value of vested real property that was under the
ownership or control of the City of Toronto before the property was vested in
the Crown under
section 2.
2. In
respect of each person or entity specified for the purposes of subsection (1),
a report appraising the market value of vested real property under the
ownership or control of the specified person or entity before the property was vested
in the Crown under
section 2.
Same
(5) A
separate report shall be prepared under subsection (4) in respect of each
regulation made for the purposes of subsection 2 (1) and each report shall
contain,
(
a) a
list of the selling prices of comparable properties;
(
b) an
explanation of any reductions made under subsection (3); and
(
c) such other information as may be required by the
regulations.
Timing
and methodologies for determining or valuing amounts
(6) The
appraisal of market value under subsection (4) is subject
to such rules as may be specified in the regulations respecting,
(
a) dates
or periods with respect to which the market value of vested real property shall
be determined or valued;
(
b) methodologies
for determining or valuing any amount or thing related to appraising the market
value of vested real property; and
(
c) such
other rules as may be set out in the regulations.
Provision
of reports
(7) The
Crown shall provide a copy of the relevant report to the City of Toronto and to
each specified person or entity, as applicable, at the time compensation is
paid.
Overpayment
(8) Any
amount paid to the City of Toronto or to a specified person or entity under
this
section that exceeds the amount of compensation to which the City, person
or entity is entitled under this
section is a debt due to the Crown, and the
Crown may recover the debt by action or by any other remedy or procedure
available by law to the Crown for the collection of debts owed to the Crown.
Money
appropriated by the Legislature
(9) The
compensation payable under this
section shall be paid for out of the money appropriated
for the purpose by the Legislature.
Disputes
(10) Any
dispute relating to this
section shall be determined by binding arbitration
under the Arbitration Act, 1991 .
Market
value
(11) In
this section,
“market
value” in respect of property means the amount that the property might be
expected to realize, based on the existing condition and current use of the
property, if sold in the open market by a willing seller to a willing buyer.
Planning Ontario Place Site
Amendment
of official plan re Ontario Place site
(1) The Minister may, by order,
amend an official plan under the Planning
Act if the Minister is of the opinion that the plan is likely to
adversely affect a matter of provincial interest within the meaning of that Act
in respect of the Ontario Place site.
Effect
of order
(2) The
Minister’s order has the same effect as an amendment to the plan adopted by the
council and approved by the appropriate approval authority under the Planning Act .
Non-application
of Legislation Act, 2006 ,
Part III
(3) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to an order made under subsection (1).
Power
of Minister re zoning and subdivision control, Ontario Place site
6 The Minister may, in respect of the Ontario
Place site, by order under this Act, exercise any of the powers conferred upon
the Minister of Municipal Affairs and Housing under
section 47 of the Planning Act .
Non-application,
provincial policy
statements
etc.
7 Despite any other Act, an order made under
section 5 or 6 need not be consistent with any policy statement issued under
subsection 3 (1) of the Planning Act
and need not conform with any provincial plan in effect in the area in which
the order applies.
Conflict
(1) In the event of conflict between
an order made under
section 23 of the Planning Act
in respect of the Ontario Place site and an order made under
section 5 of this
Act, the order made under
section 5 prevails.
(2) In
the event of conflict between an order made under
section 47 of the Planning Act in respect of the Ontario Place site and an
order made under
section 6 of this Act, the order made under
section 6
prevails.
Environmental Assessment Exemptions
Environmental
Assessment Act ,
exemptions re Ontario Place
(1) The following are exempt from
the Environmental Assessment Act :
1. Any
undertaking carried out at the site described in subsection (2).
2. Any
undertaking that is not carried out at the site described in subsection (2),
including any of the following undertakings, if the undertaking furthers the
Ontario Place Redevelopment Project:
i. Establishing,
changing or retiring water works or sewage works.
ii. Establishing,
changing or retiring a highway, an access point associated with a highway or a
parking facility or area.
iii. Acquiring
or disposing of any land, buildings, structures, fixtures, additions,
alterations or improvements, and any interests in such land, buildings,
structures, fixtures, additions, alterations or improvements.
3. The
vesting of any land, buildings, structures, fixtures, additions, alterations or
improvements, and any interests in such land, buildings, structures, fixtures,
additions, alterations or improvements under
section 2 and any other
undertakings related to the vesting.
Site
of undertakings
(2) The
site mentioned in subsection (1) is comprised of,
(
a) the
land identified by the Property Identification Numbers set out in
Schedule 3;
and
(
b) prescribed
land, if any, that is part of the land identified by the Property
Identification Numbers set out in
Schedule 1.
Non-application
of exemption
(3) An
exemption in subsection (1) does not apply in respect of,
(
a) an
undertaking for which a notice of completion has been issued on or before July
4, 2023 under the Public Work Class Environmental Assessment; or
(
b) such
other undertakings as may be prescribed.
Changes
to specified undertakings
(4) Any
change to an undertaking described in clause (3) (
a) is exempt from the Environmental Assessment Act .
Definitions
(5) In
this section,
“highway”
has the same meaning as under the Highway Traffic Act ;
(“voie publique”)
“Public
Work Class Environmental Assessment” means the Class Environmental Assessment
Process for Management Board Secretariat and Ontario Realty Corporation
approved by the Lieutenant Governor in Council on April 28, 2004 under Order in
Council 913/2004, as amended or renamed from time to time; (“Évaluation
environnementale de portée générale pour les travaux publics”)
“sewage
works” has the same meaning as under the Ontario Water
Resources Act ; (“station d’épuration des eaux d’égout”)
“undertaking”
has the same meaning as under the Environmental Assessment
Act ; (“entreprise”)
“water
works” has the same meaning as under the Ontario Water
Resources Act . (“station de purification de l’eau”)
Non-Application of Ontario Heritage Act
Non-application
of Ontario Heritage Act , re Ontario Place
(1) Despite subsection 68 (3) of the
Ontario Heritage Act , and subject to any
regulations made under subsection (2) of this section, the Ontario Heritage Act does not apply in respect of,
(
a) the
land identified by the Property Identification Numbers set out in
Schedule 3;
(
b) any
buildings or structures located on the land described in clause (a).
Regulations
(2) The
Lieutenant Governor in Council may make regulations,
(
a) specifying
additional land, buildings or structures at the Ontario Place site to which the
Ontario Heritage Act does not apply;
(
b) specifying
land, buildings or structures at the Ontario Place site to which the Ontario Heritage Act applies, which may include the
Cinesphere and the five elevated, interconnected pavilions, known as the Pods.
Same
(3) For
greater certainty, if a regulation made under clause (2) (
b) specifies a
building, structure or land to which the Ontario Heritage
Act applies, the Act does not apply in respect of any other buildings,
structures or land described in subsection (1) or specified in a regulation
made under clause (2) (a).
Same
(4) Subsection
(3) applies even if the transfer, use, development or modification of the other
buildings, structures or land mentioned in that subsection would directly or
indirectly affect the building, structure or land specified in the regulation
made under clause (2) (b).
Limitations on City of Toronto Powers
Noise
at Ontario Place
(1) Despite sections 7 and 8 of the City of Toronto Act 2006 , the City of Toronto does not
have the power to prohibit and regulate with respect to noise emitted from the
Ontario Place site, except as otherwise authorized by regulation.
Regulations
(2) The
Lieutenant Governor in Council may make regulations,
(
a) authorizing
the City of Toronto to prohibit and regulate with respect to noise emitted from
the Ontario Place site; and
(
b) governing
the powers of the City of Toronto under clause (a).
Facilitate
construction at the Ontario Place site, regulations
(1) If the Lieutenant Governor in
Council considers that it is necessary or desirable to facilitate construction
at the Ontario Place site, the Lieutenant Governor in Council may make
regulations imposing limits and conditions on the power of the City of Toronto
under the City of Toronto Act, 2006 , or providing
that the City cannot exercise the power in specified circumstances.
Same
(2) If
a regulation under subsection (1) imposes limits or conditions on a power of
the City of Toronto or provides that the City cannot exercise a power in specified
circumstances, any by-law made by the City under the applicable power is
inoperative to the extent of the limits, conditions or prohibition.
Municipal Service and Right of Way Access
Municipal
service and right of way access
(1) This
section applies if the Minister
determines that the Corporation or any other prescribed person or entity
requires any of the following for the purpose of furthering the Ontario Place
Redevelopment Project:
1. Municipal
service and right of way access in the form of the use, occupation,
modification or temporary closure of a municipal highway, or a municipal right
of way.
2. Municipal
service and right of way access in the form of the use of, access to or
modification of,
i. real
property or an interest in real property that is under City of Toronto
ownership or control,
ii. infrastructure
that is under City of Toronto ownership or control, or
iii. municipal
services related to the infrastructure mentioned in subparagraph ii.
Application
(2) For
greater certainty, this
section applies in respect of any municipal service and
right of way access described in subsection (1) regardless of where the service
or right of way is located, if the Minister determines that municipal service
and right of way access is required for the purpose of furthering the Ontario
Place Redevelopment Project.
Modification
includes construction
(3) A
reference in subsection (1) to the modification of a municipal service includes
a reference to the removal of a municipal service and a reference to the
construction of a municipal service that does not exist on the date
section 2 of
Schedule 2 to the New Deal for Toronto Act, 2023
comes into force.
Notice
(4) The
Minister shall notify the City of Toronto and the Corporation or the person or
entity prescribed for the purposes of subsection (1), as applicable, that any
municipal service and right of way access described in that subsection is
required by giving written notice stating,
(
a) the
particulars of the municipal service and right of way access that is required;
and
(
b) the
date by which the municipal service and right of way access is required.
Negotiation
(5) After
the City of Toronto and the Corporation or the person or entity prescribed for
the purposes of subsection (1), as applicable, receive the notice, the City of
Toronto and the Corporation or prescribed person or entity, as applicable, shall
enter reasonably promptly into negotiations to agree on terms for the municipal
service and right of way access.
negotiation fails, Minister’s order
(6) If,
in the Minister’s opinion, the City of Toronto and the Corporation or the
person or entity prescribed for the purposes of subsection (1), as applicable,
will not be able to agree on terms for the municipal service and right of way
access even though the Corporation or the prescribed person or entity, as
applicable, has made reasonable efforts to reach an agreement, the Minister may
make a municipal service and right of way access order in accordance with
subsections (7) and (8).
Before
making order
(7) In
developing a municipal service and right of way access order, the Minister,
(
a) shall
consult with the City of Toronto and the Corporation or the person or entity
prescribed for the purposes of subsection (1), as applicable, in the manner
that, in the Minister’s opinion, is appropriate;
(
b) may
require the City of Toronto and the Corporation or the person or entity
prescribed for the purposes of subsection (1), as applicable, to provide information
that, in the Minister’s opinion, the Minister requires to make the order; and
(
c) may
obtain technical or other advice on the development of the order.
Terms
of order
(8) A
municipal service and right of way access order may require the City of Toronto
to provide the municipal service and right of way access set out in the order
and may set terms governing the City of Toronto and the Corporation or the
person or entity prescribed for the purposes of subsection (1), as applicable,
in respect of the municipal service and right of way access, including terms
respecting any of the following matters:
1. Implementation
of adequate measures to mitigate the impact on the public of the municipal
service and right of way access, which may include notification to the City of
Toronto and the public of matters concerning the municipal service and right of
way access.
2. Provision
of resources and compensation to address the impact on the City of Toronto of
the municipal service and right of way access.
3. Measures
to address potential City of Toronto liability arising from the municipal
service and right of way access.
4. Technical
standards that must be met to support the municipal service and right of way
access.
5. Dispute
resolution.
6. Any
other matters.
Revising
or cancelling order
(9) If
the Minister determines that it is necessary to do so, the Minister may revise
or cancel the municipal service and right of way access order by giving the City
of Toronto and the Corporation or the person or entity prescribed for the
purposes of subsection (1), as applicable, written notice stating,
(
a) the
particulars of why the order needs to be revised or cancelled and, if revision
is required, of the revision; and
(
b) the
date that the revision or cancellation is to take effect.
Negotiation,
development and terms
(10) Subsections
(5) to (8) apply, with necessary modifications, with respect to the revision or
cancellation of the municipal service and right of way access order.
Money
appropriated by the Legislature
(11) Any
compensation payable under this
section shall be paid for out of the money
appropriated for the purpose by the Legislature.
Compliance
with order
(12) The
City of Toronto, the Corporation and any person or entity prescribed for the
purposes of subsection (1) shall comply with a municipal service and right of
way access order.
Enforcement
(13) A
municipal service and right of way access order may be filed in the Superior
Court of Justice and then may be enforced as if it were an order of that court.
Miscellaneous
Ministerial
directives
(1) The Minister may issue
directives in writing to the Corporation in respect of any matter under this
Act.
Implementation
(2) The
Corporation’s board of directors shall ensure the directives to the Corporation
are implemented promptly and efficiently.
Directive
not a regulation
(3) A
directive is not a regulation within the meaning of
Part III (Regulations) of
the Legislation Act, 2006 .
Delegation
to Infrastructure Ontario
15 The Minister may delegate the Minister’s
functions under subsections 4 (4) and 13 (1), (2) and (4) in whole or in part
to the Corporation, subject to any conditions and restrictions set out in the
delegation.
Serving
a document
(1) Except
as otherwise provided under this Act, a notice, order or document that is
required or permitted to be given or provided to, or served on, a person or
entity under this Act is sufficiently given, provided or served if it is,
(
a) delivered
directly to the person or entity;
(
b) sent
by registered mail to the person’s or entity’s last known address;
(
c) sent
by email to the person’s or entity’s last known email address; or
(
d) given
by any other prescribed means.
Deemed
receipt
(2) Subject
to subsection (3),
(
a) a
document sent under clause (1) (
c) is deemed to have been received on the first
business day after the day it was sent; and
(
b) a
document sent under clause (1) (
d) is deemed to have been received on the day
specified by the regulations.
Failure
to receive document
(3) Subsection
(2) does not apply if the person or entity establishes that they, acting in
good faith, did not receive the document or received it on a later date because
of a reason beyond their control, including absence, accident, disability or
illness.
Extinguishment
of causes of action
(1) No cause of action arises
against the Crown, the Corporation, any current or former member of the
Executive Council or any current or former employee, officer or agent of or
advisor to the Crown or the Corporation as a direct or indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this Act;
(
b) the
making, amendment or revocation of any provision of a regulation, order,
directive, notice, report or other instrument under this Act;
(
c) anything
done or not done in accordance with this Act, or a regulation, order,
directive, notice, report or other instrument under this Act;
(
d) any
modification, revocation, cessation or termination of rights in real property,
contractual rights or other rights resulting from anything referred to in
clauses (
a) to (c); or
(
e) any
representation or other conduct that is related, directly or indirectly, to the
actual or potential transfer of vested real property or any part thereof,
whether the representation or other conduct occurred before or after
section 2 of
Schedule 2 to the New Deal for Toronto Act, 2023 came
into force.
remedy
(2) Except
as otherwise provided under
section 4, in an order under
section 13 or in a
regulation under clause 19 (c), if any, no costs, compensation or damages,
including for loss of revenues or loss of profit, are owing or payable to any
person and no remedy, including but not limited to a remedy in contract,
restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any
equitable remedy or any remedy under any statute, is available to any person in
connection with anything referred to in subsection (1) against any person
referred to in that subsection.
Proceedings
barred
(3) No
proceeding that is directly or indirectly based on or related to anything
referred to in subsection (1) may be brought or maintained against any person
referred to in that subsection.
Application
(4) Subsection
(3) does not apply with respect to an application for judicial review, but does
apply with respect to any other court, administrative or arbitral proceeding
claiming any remedy or relief, including specific performance, injunction,
declaratory relief or the enforcement of a judgment, order or award made
outside Ontario.
Retrospective
effect
(5) Subsections
(1) to (3) apply regardless of whether the cause of action on which a
proceeding is purportedly based arose before, on or after the day this
subsection came into force.
costs awarded
(6) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (3).
Aboriginal
or treaty rights
(7) This
section does not apply to a cause of action that arises from any aboriginal or
treaty right that is recognized and affirmed by
section 35 of the Constitution Act, 1982 .
expropriation or injurious affection
(8) Nothing
referred to in subsection (1) constitutes an expropriation or injurious
affection for the purposes of the Expropriations Act
or otherwise at law.
Proceedings
by Crown not prevented
(9) This
section does not apply with respect to proceedings brought by the Crown.
Regulations, Minister
18 The Minister may make regulations,
(
a) respecting
anything that is referred to in this Act as being prescribed;
(
b) exempting
any person or entity from a provision of this Act or the regulations, with or without
conditions;
(
c) defining
any word or expression used in this Act that is not already defined and further
defining any word or expression used in this Act that is already defined in
this Act;
(
d) requiring
the City of Toronto or other specified person or entity to take specified actions
with respect to vested real property;
(
e) governing
the recovery by the Crown of costs from the City of Toronto or other prescribed
person or entity, including prescribing circumstances in which the Crown may
recover costs, prescribing the costs that may be recovered, requiring the City
of Toronto or other prescribed person or entity to pay such costs and
authorizing the Crown to recover the prescribed costs in those prescribed
circumstances;
(
f) respecting
whether an undertaking is in furtherance of the Ontario Place Redevelopment Project
for the purposes of paragraph 2 of subsection 9 (1), which may include
specifying undertakings that further or do not further the Project or
authorizing a person specified by the regulations to make a determination of
whether undertakings further the Project;
(
g) requiring
the City of Toronto or a specified person or entity to provide information to
the Minister or other prescribed person or entity that is relevant to the
administration of this Act;
(
h) providing
for transitional matters which, in the opinion of the Minister, are necessary
or desirable to,
(
i) facilitate
the implementation of this Act or any provision of this Act, including matters
arising from the vesting of real property,
(ii) deal
with problems or issues arising as a result of the enactment of this Act;
(
i) providing
for any other matters to carry out this Act, other than matters that may be the
subject of regulations made under subsection 10 (2), 11 (2) or
section 12 or
Regulations,
Lieutenant Governor in Council
19 The Lieutenant Governor in Council may make
regulations,
(
a) if
the Lieutenant Governor in Council is of the opinion that an agreement may
interfere with the vesting of real property under this Act or the furthering of
the Ontario Place Redevelopment Project, governing such agreements to the
extent of the interference, including,
(
i) deeming
specified terms or conditions to be or not to be included in an agreement,
(ii) requiring
the parties to an agreement to include specified terms or conditions in the
agreement,
(iii) prohibiting
an agreement from including specified terms or conditions;
(
b) addressing
the consequences of a contravention of or non-compliance with
section 3,
including,
(
i) respecting
measures that shall be taken by the City of Toronto, the Minister, the
Corporation or any other person or entity in connection with the contravention
or non-compliance,
(ii) governing
the rights, powers and obligations of persons or entities who were directly or
indirectly affected by the contravention or non-compliance,
(iii) governing
the vesting of real property, including the registration on title, in
connection with the contravention or non-compliance,
(iv) providing
for exceptions, conditions, limitations or restrictions;
(
c) governing
compensation under
section 4, including,
(
i) specifying
persons or entities for the purpose of subsection 4 (1),
(ii) governing
amounts for the purposes of subsection 4 (2), including fixing the amounts,
setting maximum or minimum amounts and specifying methods or techniques for
determining amounts or maximum or minimum amounts,
(iii) specifying
an entity and providing for requirements in respect of a report under
subsection 4 (4),
(iv) respecting
the rules that apply in appraising market value under subsection 4 (6),
(
v) requiring
the City of Toronto or a specified person or entity to receive payments of the
amounts referred to in subclause (ii) or to participate in specified methods
for receiving such payments;
(
d) governing
service for the purposes of
section 16, which may include specifying a date for
the purpose of clause 16 (2) (b).
Adoption
of documents in regulations
(1) A regulation may adopt by
reference, in whole or in part, with such changes as the maker of the
regulation considers necessary, any document, including a code, formula,
standard, protocol or procedure, and may require compliance with any document
so adopted.
Rolling
incorporation by reference
(2) The
power to adopt by reference and require compliance with a document in
subsection (1) includes the power to adopt a document as it may be amended from
time to time.
Same
(3) The
adoption by reference of an amendment to a document comes into effect upon
publication of a notice of the amendment on the website mentioned in subsection
(4).
Publication
(4) The
Corporation shall publish documents adopted under subsection (1) and notices
mentioned in subsection (3) on the Corporation’s website and shall make them
publicly available in any other manner the Corporation considers advisable.
Retroactivity,
existing rights
21 If it so provides, a regulation is effective
with respect to a period before it is filed and applies to rights in real
property, contractual rights or other rights that existed at the time that the
regulation was made.
Amendments
Self-amendments
(1) Section 3 of this Act is
repealed.
(2) Section
9 of this Act is repealed and the following substituted:
Environmental Assessment Act , exemptions re Ontario
Place
(1) The following are exempt from
the Environmental Assessment Act :
1. Any
undertaking or
Part II.3 project carried out at the site described in
subsection (2).
2. Any
undertaking or
Part II.3 project that is not carried out at the site described
in subsection (2), including any of the following, if the undertaking or
Part
II.3 project furthers the Ontario Place Redevelopment Project:
i. Establishing,
changing or retiring water works or sewage works.
ii. Establishing,
changing or retiring a highway, an access point associated with a highway or a
parking facility or area.
iii. Acquiring
or disposing of any land, buildings, structures, fixtures, additions,
alterations or improvements, and any interests in such land, buildings,
structures, fixtures, additions, alterations or improvements.
3. The
vesting of any land, buildings, structures, fixtures, additions, alterations or
improvements, and any interests in such land, buildings, structures, fixtures,
additions, alterations or improvements under
section 2 and any other
undertakings or
Part II.3 projects related to the vesting.
Site
of undertakings or projects
(2) The
site mentioned in subsection (1) is comprised of,
(
a) the
land identified by the Property Identification Numbers set out in
Schedule 3;
and
(
b) prescribed
land, if any, that is part of the land identified by the Property
Identification Numbers set out in
Schedule 1.
Non-application
of exemption
(3) An
exemption in subsection (1) does not apply in respect of,
(
a) an
undertaking for which a notice of completion has been issued on or before July
4, 2023 under the Public Work Class Environmental Assessment; or
(
b) such
other undertakings or
Part II.3 projects as may be prescribed.
Changes
to specified undertakings
(4) Any
change to an undertaking described in clause (3) (
a) is exempt from the Environmental Assessment Act .
Definitions
(5) In
this section,
“highway”
has the same meaning as under the Highway Traffic Act ;
(“voie publique”)
“Part
II.3 project” and “undertaking” have the same meanings as under the Environmental Assessment Act ; (“projet visé par la
partie
II.3”, “entreprise”)
“Public
Work Class Environmental Assessment” means the Class Environmental Assessment
Process for Management Board Secretariat and Ontario Realty Corporation approved
by the Lieutenant Governor in Council on April 28, 2004 under Order in Council
913/2004, as amended or renamed from time to time; (“Évaluation
environnementale de portée générale pour les travaux publics”)
“sewage
works” has the same meaning as under the Ontario Water
Resources Act ; (“station d’épuration des eaux d’égout”)
“water
works” has the same meaning as under the Ontario Water
Resources Act . (“station de purification de l’eau”)
(3) Section
9 of this Act, as re-enacted by subsection (2), is repealed and the following
substituted:
Environmental
Assessment Act ,
exemptions re Ontario Place
(1) The following are exempt from
the Environmental Assessment Act :
1. Any
undertaking,
Part II.3 project or
Part II.4 project carried out at the site described
in subsection (2).
2. Any
undertaking,
Part II.3 project or
Part II.4 project that is not carried out at
the site described in subsection (2), including any of the following, if the
undertaking,
Part II.3 project or
Part II.4 project furthers the Ontario Place
Redevelopment Project:
i. Establishing,
changing or retiring water works or sewage works.
ii. Establishing,
changing or retiring a highway, an access point associated with a highway or a
parking facility or area.
iii. Acquiring
or disposing of any land, buildings, structures, fixtures, additions,
alterations or improvements, and any interests in such land, buildings,
structures, fixtures, additions, alterations or improvements.
3. The
vesting of any land, buildings, structures, fixtures, additions, alterations or
improvements, and any interests in such land, buildings, structures, fixtures,
additions, alterations or improvements under
section 2 and any other
undertakings,
Part II.3 projects or
Part II.4 projects related to the vesting.
Site
of undertakings or projects
(2) The
site mentioned in subsection (1) is comprised of,
(
a) the
land identified by the Property Identification Numbers set out in
Schedule 3;
and
(
b) prescribed
land, if any, that is part of the land identified by the Property
Identification Numbers set out in
Schedule 1.
Non-application
of exemption
(3) An
exemption in subsection (1) does not apply in respect of,
(
a) an
undertaking or
Part II.4 project for which a notice of completion has been
issued on or before July 4, 2023 under the Public Work Class Environmental
Assessment; or
(
b) such
other undertakings,
Part II.3 projects or
Part II.4 projects as may be
prescribed.
Changes
to specified undertakings
(4) Any
change to an undertaking or
Part II.4 project described in clause (3) (
a) is
exempt from the Environmental Assessment Act.
Definitions
(5) In
this section,
“highway”
has the same meaning as under the Highway Traffic Act ;
(“voie publique”)
“Part II.3 project”, “Part II.4 project” and
“undertaking” have the same meanings as under the Environmental
Assessment Act ; (“projet visé par la
partie II.3”, “projet visé par la
partie II.4”, “entreprise”)
“Public
Work Class Environmental Assessment” means the Class Environmental Assessment
Process for Management Board Secretariat and Ontario Realty Corporation
approved by the Lieutenant Governor in Council on April 28, 2004 under Order in
Council 913/2004, as amended or renamed from time to time; (“Évaluation
environnementale de portée générale pour les travaux publics”)
“sewage
works” has the same meaning as under the Ontario Water
Resources Act ; (“station d’épuration des eaux d’égout”)
“water
works” has the same meaning as under the Ontario Water
Resources Act . (“station de purification de l’eau”)
(4) Section
9 of this Act, as re-enacted by subsection (3), is repealed and the following
substituted:
Environmental
Assessment Act ,
exemptions re Ontario Place
(1) The following are exempt from
the Environmental Assessment Act :
1. Any
Part II.3 project or
Part II.4 project carried out at the site described in
subsection (2).
2. Any
Part II.3 project or
Part II.4 project that is not carried out at the site
described in subsection (2), including any of the following, if the
Part II.3
project or
Part II.4 project furthers the Ontario Place Redevelopment Project:
i. Establishing,
changing or retiring water works or sewage works.
ii. Establishing,
changing or retiring a highway, an access point associated with a highway or a
parking facility or area.
iii. Acquiring
or disposing of any land, buildings, structures, fixtures, additions,
alterations or improvements, and any interests in such land, buildings,
structures, fixtures, additions, alterations or improvements.
3. The
vesting of any land, buildings, structures, fixtures, additions, alterations or
improvements, and any interests in such land, buildings, structures, fixtures,
additions, alterations or improvements under
section 2 and any related
Part
II.3 projects or
Part II.4 projects.
Site
of projects
(2) The
site mentioned in subsection (1) is comprised of,
(
a) the
land identified by the Property Identification Numbers set out in
Schedule 3;
and
(
b) prescribed
land, if any, that is part of the land identified by the Property
Identification Numbers set out in
Schedule 1.
Non-application
of exemption
(3) An
exemption in subsection (1) does not apply in respect of,
(
a) a
Part II.4 project for which a notice of completion has been issued on or before
July 4, 2023 under the Public Work Class Environmental Assessment; or
(
b) such
other
Part II.3 projects or
Part II.4 projects as may be prescribed.
Changes
to specified projects
(4) Any
change to a
Part II.4 project described in clause (3) (
a) is exempt from the Environmental Assessment Act .
Definitions
(5) In
this section,
“highway”
has the same meaning as under the Highway Traffic Act ;
(“voie publique”)
“Part
II.3 project” and “Part II.4 project” have the same meanings as under the Environmental Assessment Act ; (“projet visé par la
partie
II.3”, “projet visé par la
partie II.4”)
“Public
Work Class Environmental Assessment” means the Class Environmental Assessment
Process for Management Board Secretariat and Ontario Realty Corporation
approved by the Lieutenant Governor in Council on April 28, 2004 under Order in
Council 913/2004, as amended or renamed from time to time; (“Évaluation
environnementale de portée générale pour les travaux publics”)
“sewage
works” has the same meaning as under the Ontario Water
Resources Act ; (“station d’épuration des eaux d’égout”)
“water
works” has the same meaning as under the Ontario Water
Resources Act . (“station de purification de l’eau”)
(5) Clause
18 (
f) of this Act is repealed and the following substituted:
(
f) respecting
whether an undertaking or
Part II.3 project is in furtherance of the Ontario
Place Redevelopment Project for the purposes of paragraph 2 of subsection 9
(1), which may include specifying undertakings or
Part II.3 projects that
further or do not further the Ontario Place Redevelopment Project or
authorizing a person specified by the regulation to make a determination of
whether undertakings or
Part II.3 projects further the Ontario Place
Redevelopment Project;
(6) Clause
18 (
f) of this Act, as re-enacted by subsection (5), is repealed and the
following substituted:
(
f) respecting
whether an undertaking,
Part II.3 project or
Part II.4 project is in
furtherance of the Ontario Place Redevelopment Project for the purposes of
paragraph 2 of subsection 9 (1), which may include specifying undertakings,
Part II.3 projects or
Part II.4 projects that further or do not further the
Ontario Place Redevelopment Project or authorizing a person specified by the
regulation to make a determination of whether undertakings,
Part II.3 projects
Part II.4 projects further the Ontario Place Redevelopment Project;
(7) Clause
18 (
f) of this Act, as re-enacted by subsection (6), is repealed and the
following substituted:
(
f) respecting
whether a
Part II.3 project or
Part II.4 project is in furtherance of the
Ontario Place Redevelopment Project for the purposes of paragraph 2 of
subsection 9 (1), which may include specifying
Part II.3 projects or
Part II.4
projects that further or do not further the Ontario Place Redevelopment Project
or authorizing a person specified by the regulation to make a determination of
whether
Part II.3 projects or
Part II.4 projects further the Ontario Place
Redevelopment Project;
Consequential Amendments
Environmental
Bill of Rights, 1993
(1) The Environmental
Bill of Rights, 1993 is amended by adding the following section:
Exception:
Rebuilding Ontario Place Act, 2023
33.1 The requirements of
this Part are deemed not to have applied with respect to the Rebuilding Ontario Place Act, 2023 .
(2) Section
33.1 of the Act, as enacted by subsection (1), is repealed.
Ontario
Infrastructure and Lands Corporation Act, 2011
24 Paragraph 4 of subsection 4 (1) of the Ontario Infrastructure and Lands Corporation Act, 2011 is
repealed and the following substituted:
4. To
carry out the powers, duties and functions delegated by the Minister to the
Corporation under the Ministry of Infrastructure Act, 2011 ,
the Building Broadband Faster Act, 2021 or the Rebuilding Ontario Place Act, 2023 .
4.1 To
carry out the powers, duties and functions of the Corporation under the Rebuilding Ontario Place Act, 2023 .
Commencement and
Short Title
Commencement
(1) Except as otherwise provided
in this section, the Act set out in this
Schedule comes into force on the day the
New Deal for Toronto Act, 2023 receives Royal
Assent.
(2) Sections
11 and 22 come into force on a day to be named by proclamation of the
Lieutenant Governor.
(3) Subsection
23 (2) comes into force on the day that is 30 days after the day the New Deal for Toronto Act, 2023 receives Royal Assent.
Short
title
26 The
short title of the Act set out in this
Schedule is the Rebuilding Ontario Place Act, 2023 .
Schedule 1
Land that can be prescribed for the purposes of subsections 2 (1) and 9 (1)
1. Property
Identification Number 21418-0100 (LT), being part Blocks A and M on Plan D1397
Toronto; part Water Lot in front of Plan Ordnance Reserve Toronto lying east of
Water Lot at foot of Dufferin Street & South of Lake Shore Boulevard West,
granted to The Toronto Harbour Commissioners by Dominion Government on June 5,
1934 by WF17942 as in WF55391 (Parcel 5) except 63R-1786 & 63R-2034 and as
in OF24339 except WF55391; Subject to CA208787; City of Toronto.
2. Property
Identification Number 21416-0099 (LT), being
part Lots G and H on Plan D1411
Toronto; Lots J, K, L, M, N, O, P and Q on Plan D1411 Toronto; part Water Lot
in front of Lots 33 and 34, Concession Broken Front Toronto;
part Lots 12 to 25
on Plan 782 Parkdale; part Water Lot in front of Lot 31 Concession Broken Front
Toronto; Water Lot in front of Lot 36 Concession Broken Front Toronto; part
Water Lot in front of Dufferin Street Toronto; Hawthorne Terrace on Plan 549
Parkdale also known as Laburnam Avenue closed by WF35040;
part Lots 9, 10 and
19 to 24 on Plan 549 Parkdale;
part Lots 69, 70 and 94 on Plan 333 Parkdale;
Dowling Avenue on Plan 333 Parkdale closed by WF35040; Water Lots 25 to 30 on
Plan 549 Toronto; Jameson Avenue on Plan 370 Parkdale closed by WF43635; part
Block J on Plan D1478 Toronto; part Water Lot in front of Lot 32 Concession
Broken Front Toronto part also described as Water Lots 1A, 2A and 3A on Plan
1011 Toronto;
part Lot 46 on Plan 443 Parkdale; Lots 52 to 59 on Plan 443
Parkdale; Dunn Avenue on Plan 443 Parkdale closed by WF35040; Dunn Avenue on
Plan 443 Parkdale south of Block K on Plan D1478 Toronto; part Blocks H and K
on Plan D1478 Toronto;
part Lots 1 to 3 on Plan D1478 Toronto;
part Lots 105 to
111 on Plan 613 Parkdale; Lots 112 to 114 on Plan 613 Parkdale;
part Lots 15
and 16 W/S Jameson Avenue on Plan 370 Parkdale;
part Lots 1 to 3 on Plan 1011
Toronto as in CA333154, CT452027 (part of Parcel 3), WF55391 (Parcels 2, 3, 4
and 5), WF15313, WF11641 (Parcel 1), WF6757, WF6717, OD12056 (Parcel 1),
OF64044; except
Part 9 on 63R-275 & Parts 1, 2 and 3 on 63R-265; Subject to
CA208787, WF51758; Subject to an easement in gross over Parts 1, 2 and 3 on
64R-14276, Parts 1, 2 and 3 on 64R-14277,
Part 1 on 64R-14278,
Part 1 on
64R-14279 as in AT3917049; City of Toronto.
Schedule 2
Land that can be prescribed as the Ontario Place site
1. Property
Identification Number 21418-0100 (LT), being part Blocks A and M on Plan D1397
Toronto; part Water Lot in front of Plan Ordnance Reserve Toronto lying east of
Water Lot at foot of Dufferin Street & South of Lake Shore Boulevard West,
granted to The Toronto Harbour Commissioners by Dominion Government on June 5,
1934 by WF17942 as in WF55391 (Parcel 5) except 63R-1786 & 63R-2034 and as
in OF24339 except WF55391; Subject to CA208787; City of Toronto.
2. Property
Identification Number 21416-0099 (LT), being
part Lots G and H on Plan D1411
Toronto; Lots J, K, L, M, N, O, P and Q on Plan D1411 Toronto; part Water Lot
in front of Lots 33 and 34, Concession Broken Front Toronto;
part Lots 12 to 25
on Plan 782 Parkdale; part Water Lot in front of Lot 31 Concession Broken Front
Toronto; Water Lot in front of Lot 36 Concession Broken Front Toronto; part
Water Lot in front of Dufferin Street Toronto; Hawthorne Terrace on Plan 549
Parkdale also known as Laburnam Avenue closed by WF35040;
part Lots 9, 10 and
19 to 24 on Plan 549 Parkdale;
part Lots 69, 70 and 94 on Plan 333 Parkdale;
Dowling Avenue on Plan 333 Parkdale closed by WF35040; Water Lots 25 to 30 on
Plan 549 Toronto; Jameson Avenue on Plan 370 Parkdale closed by WF43635; part
Block J on Plan D1478 Toronto; part Water Lot in front of Lot 32 Concession
Broken Front Toronto part also described as Water Lots 1A, 2A and 3A on Plan
1011 Toronto;
part Lot 46 on Plan 443 Parkdale; Lots 52 to 59 on Plan 443
Parkdale; Dunn Avenue on Plan 443 Parkdale closed by WF35040; Dunn Avenue on
Plan 443 Parkdale south of Block K on Plan D1478 Toronto; part Blocks H and K
on Plan D1478 Toronto;
part Lots 1 to 3 on Plan D1478 Toronto;
part Lots 105 to
111 on Plan 613 Parkdale; Lots 112 to 114 on Plan 613 Parkdale;
part Lots 15
and 16 W/S Jameson Avenue on Plan 370 Parkdale;
part Lots 1 to