Bill 25, Smart Transportation Act, 2003

Klees, Hon. Frank Minister of Transportation

Versions

Bill 25 2003

An Act to enhance
public transit and provide for a
smart transportation system
in Ontario

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

Highway Traffic Act

1. Subsections 151 (1) and (2) of the Highway Traffic Act are repealed and the following substituted:

Drivers to obey signs posted at designated paved shoulders

(1) Where any part of the King's Highway has been designated as having a paved shoulder for use by all vehicles or by specified classes or types of vehicles, and official signs have been erected accordingly to indicate the designation, every driver of a vehicle shall obey the instructions on the official signs.

Regulations

(2) The Minister may make regulations,

(a) designating any part of the King's Highway as having a paved shoulder for use by all vehicles or by specified classes or types of vehicles, regulating that use and prescribing conditions for that use;

(b) exempting any vehicle or class or type of vehicle that is prescribed in a regulation made under clause (a) from any requirement in this Part or in any regulation made under this Part, and prescribing conditions for any such exemptions;

(i) on any highway approaching any part of the King's Highway designated under clause (a), and

(ii) on any part of the King's Highway designated under clause (a);

(d) prescribing the types of the signs and markings referred to in clause (c), instructions to be contained thereon and the location of each type of sign and marking.

2. Section 154 of the Act is amended by adding the following subsections:

Regulations for high occupancy vehicle lanes

(3) Where a part of the King's Highway has been divided into clearly marked lanes for traffic, the Minister may make regulations,

(a) designating any lane as a high occupancy vehicle lane for any such part of the King's Highway and limiting such designations to specified days or times;

(b) prescribing the classes or types of vehicles or vehicles with a prescribed number of occupants that may use high occupancy vehicle lanes, and prescribing conditions and circumstances for such use;

(c) providing for the erection of signs and the placing of markings on a highway on which there is a designated high occupancy vehicle lane or on a highway approaching such a highway;

(d) prescribing the types of the signs and markings referred to in clause (c), instructions to be contained thereon, including points where a vehicle may enter or exit a high occupancy vehicle lane, and the location of each type of sign and marking.

Offence

(4) No person shall drive a motor vehicle in a high occupancy vehicle lane except in accordance with this section and the regulations made under it.

Penalty

(5) Every person who contravenes subsection (4) is guilty of an offence and on conviction is liable to a fine of not less than $150 and not more than $500.

3. Subsection 170 (15) of the Act is repealed and the following substituted:

Powers of officer to remove vehicle

(15) A police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act, upon discovery of any vehicle parked or standing in contravention of subsection (12), of a regulation made under subsection 26 (3) of the Public Transportation and Highway Improvement Act or of a municipal by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage of the vehicle, if any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act.

Ontario Planning and
Development Act, 1994

4. (1) The definitions of "development plan" and "development planning area" in section 1 of the Ontario Planning and Development Act, 1994 are repealed and the following substituted:

"development plan" means a plan in respect of a development planning area approved by the Lieutenant Governor in Council under section 4; ("plan d'aménagement")

"development planning area" means an area of land, other than an infrastructure corridor planning area, in respect of which an order is made under section 2; ("zone de planification de l'aménagement")

(2) Section 1 of the Act, as amended by the Statutes of Ontario, 2002, chapter 17, Schedule F, Table, is amended by adding the following definitions:

"infrastructure corridor plan" means a plan in respect of an infrastructure corridor planning area approved by the Lieutenant Governor in Council under section 4; ("plan de couloir d'infrastructure")

"infrastructure corridor planning area" means an area of land or corridor that is a potential site for future infrastructure, such as roads, rail lines, recreational trails, utilities, pipes or cables, and in respect of which an order is made under section 2; ("zone de planification de couloir d'infrastructure")

5. (1) Subsection 2 (1) of the Act is repealed and the following substituted:

Development planning area, infrastructure corridor
planning area

(1) The Minister may by order establish as a development planning area or an infrastructure corridor planning area any area of land defined in the order and may amend the order to alter the boundaries of the area.

(2) Subsection 2 (3) of the Act is repealed and the following substituted:

Development plan, infrastructure corridor plan

(3) Subject to subsection (4), if a development planning area or an infrastructure corridor planning area has been established, the Minister shall,

(a) cause to be carried out an investigation and survey of the environmental, physical, social and economic conditions affecting the planning area or any part of it; and

(b) cause a proposed development plan or proposed infrastructure corridor plan for the planning area or part of it to be prepared, within a period of two years or such other period of time as the Minister considers appropriate.

Transportation infrastructure corridor plan

(4) If an infrastructure corridor planning area involving, in whole or in part, transportation infrastructure has been established,

(a) the Minister of Transportation, in consultation with the Minister, shall cause to be carried out an investigation and survey of the environmental, physical, social and economic conditions affecting the planning area or any part of it; and

(b) the Minister of Transportation, in consultation with the Minister, shall cause a proposed infrastructure corridor plan for the planning area or part of it to be prepared, within a period of two years or such other period of time as the Minister of Transportation, in consultation with the Minister, considers appropriate.

Environmental Assessment Act

(5) For greater certainty, the establishment of a development planning area or an infrastructure corridor planning area and the preparation of a development plan or infrastructure corridor plan are not undertakings as defined in subsection 1 (1) of the Environmental Assessment Act, but that Act continues to apply to a proposal for a particular development or infrastructure within a development planning area or infrastructure corridor planning area and a proposal for such particular development or infrastructure is an undertaking as defined in subsection 1 (1) of that Act.

6. (1) Section 3 of the Act is amended by striking out "A development plan" at the beginning and substituting "A development plan or infrastructure corridor plan".

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

Transportation infrastructure corridor plan

(2) In the case of an infrastructure corridor plan that involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister.

7. Section 4 of the Act is repealed and the following substituted:

Public participation

4. (1) The Minister shall ensure that the public is given an opportunity to participate in the preparation of the proposed development plan or infrastructure corridor plan.

Notice

(2) When a proposed development plan or corridor infrastructure plan has been prepared, the Minister shall ensure that,

(a) notice is given informing the public of the proposed plan, indicating where a copy of the plan together with a summary of the background studies used in the preparation of the plan can be examined and inviting written submissions on it within such period of time as is specified by the Minister; and

(b) each municipality or planning board having jurisdiction over the development planning area or infrastructure corridor planning area and any municipality or planning board for a planning area which abuts the area is consulted with respect to the contents of the proposed plan and is invited to make written submissions within such period of time as is specified by the Minister.

Confer

(3) The Minister may confer with any person or public body that the Minister considers may have an interest in the proposed plan.

Modifications

(4) If, after considering the submissions received, modifications to the proposed plan appear desirable to the Minister, the Minister may,

(a) cause notice to be given informing the public of the proposed modifications;

(b) provide an opportunity to the public to make written submissions in respect of the proposed modifications; and

(c) provide municipalities or planning boards having jurisdiction over the development planning area or infrastructure corridor planning area and municipalities or planning boards for a planning area abutting the area with a copy of the proposed modifications, and an opportunity to make written submissions in respect of them.

Same

(5) After considering the submissions received under subsection (4), the Minister may make such modifications to the proposed plan as the Minister considers desirable.

Submission to Cabinet

(6) After considering the submissions and comments received, the Minister may submit the proposed plan, a summary of the submissions and comments made and his or her recommendations on the plan to the Lieutenant Governor in Council.

Approval of plan

(7) The Lieutenant Governor in Council may approve the plan in whole or in part or may approve it with such modifications as the Lieutenant Governor in Council considers desirable, and the development plan or infrastructure corridor plan comes into effect on the day specified by the Lieutenant Governor in Council.

Revocation of plan

(8) The Minister may, with the approval of the Lieutenant Governor in Council, by order revoke the plan on the day specified in the order and the order shall be filed in accordance with section 5.

Transportation infrastructure corridor plan

(9) Where the plan is an infrastructure corridor plan that involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister.

8. (1) Subsection 6 (1) of the Act is repealed and the following substituted:

Amendment to plan

(1) An amendment to any development plan or infrastructure corridor plan may be initiated by the Minister or on application to the Minister by any person or public body.

(2) Subsection 6 (7) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Action by Minister

(7) If the Minister initiates an amendment to a development plan or infrastructure corridor plan or receives an application to amend a development plan or infrastructure corridor plan that has not been refused under subsection (5) or (6), the Minister shall,

. . . . .

(3) Section 6 of the Act is amended by adding the following subsection:

Transportation infrastructure corridor plan

(10) Where the application is for an amendment to an infrastructure corridor plan that involves, in whole or in part, transportation infrastructure, the references in subsections (1), (4), (6), (7), (8) and (9) to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister.

9. Section 7 of the Act is amended by adding the following subsection:

Transportation infrastructure corridor plan

(5) Where the plan under consideration is an infrastructure corridor plan that involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister.

10. Section 8 of the Act is amended by adding the following subsection:

Transportation infrastructure corridor plan

(3) Where the plan under consideration is an infrastructure corridor plan that involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister.

11. Section 9 of the Act, as amended by the Statutes of Ontario, 2002, chapter 17, Schedule F, Table, is amended by adding the following subsection:

Transportation infrastructure corridor plan

(8) Where the plan under consideration is an infrastructure corridor plan that involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister.

12. Section 10 of the Act is amended by adding the following subsection:

Transportation infrastructure corridor plan

(3) Where the matter referred to the Ontario Municipal Board is in respect of a proposed amendment to an infrastructure corridor plan that involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister.

13. Section 11 of the Act is amended by striking out "the Minister" and substituting "the Minister, or in the case of a proposed amendment to an infrastructure corridor plan that involves, in whole or in part, transportation infrastructure, the Minister of Transportation, in consultation with the Minister".

14. Section 12 of the Act is repealed and the following substituted:

Notice of decision

12. (1) The Minister shall forward a copy of his or her decision to the clerk of each municipality and secretary-treasurer of each planning board having jurisdiction over the area covered by the proposed amendment and of any municipality or planning board for a planning area which abuts the area, the parties to the hearing and such other persons or public bodies as the Minister may determine.

Transportation infrastructure corridor plan

(2) Where the proposed amendment is to an infrastructure corridor plan that involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister.

Decennial review of infrastructure corridor plan

12.1 (1) The Minister shall cause a review of every infrastructure corridor plan that is in effect and is filed or lodged under section 5 to be undertaken not later than the latest of,

(a) the tenth anniversary of the date the plan came into effect;

(b) the tenth anniversary of the date the Minister gave a notice of confirmation under subsection (4) after the most recent review completed under this section; and

(c) the tenth anniversary of the date of the most recent amendment to the plan approved by the Minister after initiating that amendment under clause (3) (c).

Terms of reference

(2) The Minister shall establish terms of reference for the review and the review shall be conducted in accordance with the terms of reference.

Minister to confirm, revoke or amend plan

(3) Upon the completion of the review, the Minister shall,

(a) confirm the plan;

(b) revoke the plan, by order, with the approval of the Lieutenant Governor in Council, on the day specified in the order; or

Notice

(4) The Minister shall forward a copy of his or her decision under subsection (3) to the clerk of each municipality and secretary-treasurer of each planning board having jurisdiction over the infrastructure corridor planning area covered by the plan reviewed under this section and of any municipality or planning board for a planning area which abuts the infrastructure corridor planning area.

Filing of revocation order

(5) An order revoking the plan shall be filed in accordance with section 5.

Transportation infrastructure corridor plan

(6) Where the infrastructure corridor plan under review involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister.

15. (1) Subsection 15 (1) of the Act is amended by striking out "in conflict with a development plan" and substituting "in conflict with a development plan or infrastructure corridor plan".

(2) Subsection 15 (2) of the Act is amended by striking out "development plan" at the end and substituting "development plan or infrastructure corridor plan".

(3) Section 15 of the Act is amended by adding the following subsection:

Transportation infrastructure corridor plan

(5) Where the conflict is with an infrastructure corridor plan that involves, in whole or in part, transportation infrastructure, the references in this section to the Minister shall be read as references to the Minister of Transportation, in consultation with the Minister.

16. The Act is amended by adding the following section:

Limitations on remedies

20.1 (1) No cause of action arises as a direct or indirect result of,

(a) the enactment or repeal of any provision of this Act;

(b) the making or revocation of any provision of the regulations; or

No remedy

(2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything referred to in clause (1) (a), (b) or (c).

Proceedings barred

(3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything referred to in clause (1) (a), (b) or (c) may be brought or maintained against any person.

Same

(4) Subsection (3) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the day the Smart Transportation Act, 2003 receives Royal Assent.

Proceedings set aside

(5) Any proceeding referred to in subsection (3) commenced before the day the Smart Transportation Act, 2003 receives Royal Assent shall be deemed to have been dismissed, without costs, on that day.

No expropriation or injurious affection

(6) Nothing done or not done in accordance with this Act or the regulations constitutes an expropriation or injurious affection for the purposes of the Expropriations Act.

Person defined

(7) In this section,

"person" includes, but is not limited to,

(a) the Crown and its employees and agents,

(b) members of the Executive Council, and

17. The Act is amended by striking out "development plan" wherever it appears in the following provisions and substituting in each case "development plan or infrastructure corridor plan":

1. Subsections 5 (1) and (2).

2. Section 13.

3. Section 14.

4. Subsections 16 (1) and (2).

5. Subsection 17 (1).

6. Section 18.

7. Subsections 19 (1) and (2).

8. Section 20.

9. Section 21.

Planning Act

18. Subsection 51 (25) of the Planning Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 30, is amended by adding the following clause:

(b.1) that such land be dedicated for commuter parking lots and infrastructure related to commuter parking lots for the use of the general public using highways, as the approval authority considers necessary;

Public Transportation
and Highway Improvement Act

19. Subsection 26 (3) of the Public Transportation and Highway Improvement Act is repealed and the following substituted:

Regulations

(3) The Lieutenant Governor in Council may make regulations prohibiting or regulating the use of any commuter parking lot or of any rest, service or other area or any class or classes thereof constructed, maintained or operated under subsection (1), but no such regulation shall affect the operation of any agreement entered into by the Crown as represented by the Minister with respect to a service area except to the extent that the other party to the agreement consents thereto.

20. Section 117 of the Act, as enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 68, is amended by adding the following subsections:

Regulations to create corporations

(2) The Lieutenant Governor in Council may by regulation constitute corporations to develop and implement or oversee the implementation of policies and strategies related to public transit services with such powers and duties as are considered conducive to the attainment of the objects of the corporation and provide for its constitution and management.

Crown agency

(3) A corporation constituted by a regulation made under subsection (2) is a Crown agency within the meaning of the Crown Agency Act.

Same

(4) Without limiting the generality of subsection (2), a regulation made under subsection (2) may require any person, including a municipality or a transit authority, to participate in the activities or financing of a corporation established under the regulation.

Commencement and Short Title

Commencement

21. This Act comes into force on the day it receives Royal Assent.

Short title

22. The short title of this Act is the Smart Transportation Act, 2003.

EXPLANATORY NOTE

The Bill amends a number of Acts as follows:

Highway Traffic Act

Section 151 is amended to allow all vehicles or prescribed classes or types of vehicles to drive on the paved shoulder along designated sections of the King's Highway.

Section 154 is amended to provide for high occupancy vehicle lanes designated by regulation for use by prescribed classes of vehicles or vehicles with a prescribed number of occupants.

Subsection 170 (15) is amended to give police officers, police cadets and municipal and ministry enforcement officers the power to remove and store vehicles illegally parked in commuter parking lots.

Ontario Planning and Development Act, 1994

The Act currently provides for the establishment of development planning areas and the preparation of development plans in respect of those areas. It is amended to provide as well for the establishment of infrastructure corridor planning areas and the preparation of infrastructure corridor plans in respect of those areas. Where an infrastructure corridor planning area involves, in whole or in part, transportation infrastructure, the Minister of Transportation, in consultation with the Minister of Municipal Affairs and Housing, will exercise the relevant ministerial powers under the Act.

New subsection 2 (5) provides that the establishment of a development planning area or an infrastructure corridor planning area and the preparation of plans in respect of those areas are not undertakings under the Environmental Assessment Act, although particular developments or infrastructures within such an area continue to be undertakings under that Act.

New section 12.1 requires the Minister to undertake a review of every infrastructure corridor plan every 10 years after it has been last considered. At the end of the review, the Minister must confirm or revoke the plan or initiate proceedings to amend it.

New section 20.1 limits causes of actions and remedies payable in respect of the enactment or repeal of any provision of the Act, the making or revocation of any regulation under the Act or anything done or not done under the Act.

Planning Act

Subsection 51 (25) is amended so that the approval of a subdivision plan may be subject to the condition that land be dedicated for commuter parking lots for highway users.

Public Transportation and Highway Improvement Act

Two new regulation-making powers are added: the power to prohibit or regulate the use of commuter parking lots; and the power to constitute corporations to develop and implement or oversee the implementation of policies and strategies related to public transit services.