[39] Bill 163 Royal Assent (PDF)
Bill 163 2009
An Act to amend the Greater Toronto Transportation Authority Act, 2006 and to make consequential amendments to another Act
Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
Preamble
The Government of Ontario has the following objectives:
To provide the residents and businesses in the regional transportation area with a transportation system that is modern, efficient and integrated so that people and goods can move freely and quickly across the area;
To enhance the customer experience of transit users in the regional transportation area;
To encourage economic growth, reduce greenhouse gas emissions and enhance Ontarians' overall quality of life by supporting transit as a key priority of the Government.
The Government of Ontario recognizes:
That the regional transit system needs to be implemented expeditiously to achieve these objectives;
That the Greater Toronto Transportation Authority has developed a transportation plan for the regional transportation area that establishes a bold vision for the area, and has demonstrated its strength as a planning and policy agency;
That GO Transit has demonstrated its strength as an operational agency through its implementation and delivery of transit services;
That combining the functions and strengths of the Greater Toronto Transportation Authority and GO Transit is crucial to the successful implementation of the transportation plan for the regional transportation area and the timely delivery of transit and transportation projects;
That combining the functions and strengths of the Greater Toronto Transportation Authority and GO Transit will result in an integrated approach to planning, funding, implementing, operating and expanding all modes of transit in the regional transportation area;
That the agency with the combined functions and strengths of the Greater Toronto Transportation Authority and GO Transit must have the corporate structure, governance and powers needed to support the implementation of the transportation plan for the regional transportation area.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The short title of the Greater Toronto Transportation Authority Act, 2006 is repealed and the following substituted:
Metrolinx Act, 2006
2. (1) The definition of "Corporation" in subsection 1 (1) of the Act is repealed and the following substituted:
"Corporation" means the corporation continued under section 2 under the name Metrolinx; ("Régie")
(2) Subsection 1 (1) of the Act is amended by adding the following definition:
"First Nations" means the council of a band within the meaning of the Indian Act (Canada); ("Premières nations")
(3) The definition of "GO Transit" in subsection 1 (1) of the Act is amended by striking out "as it read immediately before the day section 50 is proclaimed in force" at the end and substituting "as it read immediately before the day section 50 comes into force".
(4) The definition of "local transit system" in subsection 1 (1) of the Act is amended by adding "and does not include a prescribed passenger transportation system" at the end.
(5) The definition of "Minister" in subsection 1 (1) of the Act is repealed and the following substituted:
"Minister" means the Minister of Transportation or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; ("ministre")
(6) Subsection 1 (1) of the Act is amended by adding the following definitions:
"prescribed passenger transportation system" means a passenger transportation system that is operated or is proposed to be operated in the regional transportation area and is prescribed for the purpose of the definition of regional transit system; ("réseau de transport de passagers prescrit")
"regional transit system" means,
(a) the GO Transit system, and
(b) the prescribed passenger transportation systems; ("réseau régional de transport en commun")
(7) The English version of the definition of "security" in subsection 1 (1) of the Act is amended by striking out "clauses 6 (1) (d) and 29 (1) (a)" and substituting "clauses 8.1 (1) (i) and 29 (1) (a)".
(8) Subsection 1 (1) of the Act is amended by adding the following definition:
"transportation plan" means the transportation plan for the regional transportation area developed and adopted by the Corporation under section 6 and, if the transportation plan has been changed under subsection 6 (4), the most recent version of the plan. ("plan de transport")
3. Subsection 2 (1) of the Act is repealed and the following substituted:
Corporation continued
(1) The corporation without share capital that was established under the name Greater Toronto Transportation Authority in English and Régie des transports du grand Toronto in French is continued under the name Metrolinx in both English and French.
4. Section 4 of the Act is repealed.
5. (1) Clause 5 (1) (a) of the Act is repealed and the following substituted:
(a) to provide leadership in the co-ordination, planning, financing, development and implementation of an integrated, multi-modal transportation network that,
(i) conforms with transportation policies of growth plans prepared and approved under the Places to Grow Act, 2005 applicable in the regional transportation area,
(ii) complies with other provincial transportation policies and plans applicable in the regional transportation area, and
(iii) supports a high quality of life, a sustainable environment and a strong, prosperous and competitive economy;
(2) Subsection 5 (1) of the Act is amended by striking out "and" at the end of clause (a), by adding "and" at the end of clause (b) and by adding the following clause:
(c) to be responsible for the operation of the regional transit system and the provision of other transit services.
6. (1) Clause 6 (1) (a) of the Act is amended by striking out "create" at the beginning and substituting "develop and adopt".
(2) Clause 6 (1) (c) of the Act is amended by striking out the portion before subclause (i) and substituting the following:
(c) promote and facilitate co-ordinated decision-making and investment in the regional transportation area among the governments of the municipalities in the regional transportation area and the federal and provincial governments in order to ensure the efficient and cost-effective resolution of matters of shared concern respecting transportation, including,
. . . . .
(3) Subclause 6 (1) (c) (iii) of the Act is repealed and the following substituted:
(iii) the integration of routes, fares and schedules of the regional transit system and of local transit systems in the regional transportation area; and
(4) Clauses 6 (1) (d) and (e) of the Act are repealed and the following substituted:
(d) promote the safety, efficiency and protection of transportation corridors.
(5) Clause 6 (2) (a) of the Act is amended by striking out "the GO Transit system" and substituting "the regional transit system".
(6) Clause 6 (2) (e) of the Act is repealed and the following substituted:
(e) conform with the growth plans prepared and approved under the Places to Grow Act, 2005 applicable in the regional transportation area;
(7) Clause 6 (2) (f) of the Act is amended by striking out "the GO Transit system" and substituting "the regional transit system".
(8) Clauses 6 (2) (i), (j) and (k) of the Act are repealed and the following substituted:
(i) promote transit-supportive development to increase transit ridership and to support the viability and optimization of transit infrastructure; and
(9) Subsection 6 (3) of the Act is repealed and the following substituted:
Public consultation
(3) The Corporation shall, in the development of the transportation plan required by clause (1) (a) or in making any change to the transportation plan after the plan has been adopted,
(a) ensure that notice of its intention to develop a transportation plan or to make a change to the transportation plan is given to the relevant provincial ministers of the Crown and provincial agencies, relevant federal ministers of the Crown and federal agencies, the public, First Nations in the regional transportation area, municipalities in the regional transportation area and planning authorities having jurisdiction in the regional transportation area, as and in the manner that the Corporation's board of directors considers appropriate; and
(b) consult with the relevant provincial ministers of the Crown and provincial agencies, relevant federal ministers of the Crown and federal agencies, the public, First Nations in the regional transportation area, municipalities in the regional transportation area, planning authorities having jurisdiction in the regional transportation area and other interested persons and groups, as and in the manner that the Corporation's board of directors considers appropriate.
(10) Section 6 of the Act is amended by adding the following subsections:
Plan and changes to Minister
(4.1) The Corporation shall provide the Minister with a copy of the transportation plan adopted under clause (1) (a) and a copy of any change to the transportation plan made under subsection (4) within 30 days after making the change.
Corporation guided by transportation plan
(4.2) The Corporation shall be guided in all its decisions and actions by the transportation plan.
Plan available to the public
(4.3) The Corporation shall ensure that the transportation plan is available for public inspection in such manner as the Corporation's board of directors considers appropriate.
7. Subsection 7 (1) of the Act is repealed and the following substituted:
Duties of Corporation re unified fare system
(1) In carrying out its objects as described in clause 5 (1) (a) with respect to the integration of transit systems, the Corporation shall plan, design, develop, acquire by purchase, lease, assignment or otherwise, construct, maintain, operate, dispose of, lease, license or sublicense all or any part of a unified fare system applicable to the regional transit system, the local transit systems in the regional transportation area and the local transit systems of municipalities outside the regional transportation area that agree to participate.
8. Subsection 8 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
Duties of Corporation re procurement
(1) In carrying out its objects as described in clause 5 (1) (b), the Corporation shall,
. . . . .
9. The Act is amended by adding the following section:
Duties of Corporation re regional transit system and other transit services
8.1 (1) In carrying out its objects as described in clause 5 (1) (c), the Corporation shall,
(a) maintain and operate the regional transit system;
(b) design, develop and construct the prescribed passenger transportation systems, if necessary;
(c) design, develop and construct any alterations, extensions and expansions to the regional transit system;
(d) subject to the approval of the Minister, operate local transit systems under agreements with municipalities within and outside the regional transportation area;
(e) subject to the approval of the Minister, provide transit services to municipalities outside the GO Transit service area under agreements with those municipalities;
(f) provide the transit services outside the GO Transit service area that were being provided by GO Transit as of the date this section comes into force;
(g) establish, construct, manage and operate parking lots within or outside the regional transportation area in connection with the regional transit system;
(h) conduct studies in respect of,
(i) the design, construction, maintenance and operation of the regional transit system and any alterations, extensions and expansions to it,
(ii) the fare structure and service schedules of the regional transit system, and
(iii) the operational integration of the regional transit system with local transit systems within and outside the regional transportation area; and
(i) develop an emergency and security plan for the regional transit system in co-ordination with the local transit systems in the regional transportation area.
Ownership of prescribed systems
(2) All of the assets of a prescribed passenger transportation system must be owned by the Corporation, by a subsidiary corporation of the Corporation, or by the Corporation and one or more of its subsidiary corporations, as specified by regulation.
By-laws re transit services
(3) The board of directors of the Corporation shall pass by-laws in respect of the services delivered by the regional transit system or any local transit system provided by agreement with a municipality under subclause 16 (2) (b) (iii) to,
(a) establish the approximate location, routes and frequencies of the transit services;
(b) establish the fares charged for the transit services; and
(c) establish the fees charged for parking on parking lots operated in connection with the transit services.
Notice of changes to transit services
(4) The Corporation shall give written notice to the Minister before it passes a by-law under subsection (3) that,
(a) changes or proposes to change the location, route or frequency of a transit service;
(b) changes or proposes to change a fare charged for a transit service;
(c) changes or proposes to change a fee charged for parking;
(d) terminates or proposes to terminate a transit service; or
(e) closes or proposes to close a parking lot.
Use of former names
(5) Any usage of the name Greater Toronto Transit Authority, Régie des transports en commun du grand Toronto, Greater Toronto Transportation Authority, Régie des transports du grand Toronto, GO Transit or Réseau GO on any document or sign is deemed to be a reference to Metrolinx and a document or sign is not invalid or ineffective by reason only that it uses such name.
10. (1) Subsections 9 (2), (3) and (4) of the Act are repealed and the following substituted:
Composition
(2) The board shall be composed of not more than 15 persons appointed by the Lieutenant Governor in Council on the recommendation of the Minister.
Same
(3) The following are not eligible to be a director:
1. A Member of Parliament.
2. A Member of the Assembly.
3. A member of a municipal council in Ontario.
4. A person appointed under Part III of the Public Service of Ontario Act, 2006.
5. A person who is employed by or in a board, commission or agency of the provincial government, excluding persons appointed to such board, commission or agency by the Lieutenant Governor in Council and excluding the chief executive officer of the Corporation.
6. An employee of the federal government or of a municipality in Ontario or of a board, commission or agency of the federal government or of a municipality in Ontario.
Staggered terms
(4) The term of office of the directors on the first board appointed by the Lieutenant Governor in Council under subsection (2) after the Greater Toronto and Hamilton Area Transit Implementation Act, 2009 receives Royal Assent shall be staggered, as determined by the Lieutenant Governor in Council.
(2) Subsections 9 (7), (8) and (9) of the Act are repealed and the following substituted:
Remuneration and expenses
(7) The Corporation shall pay remuneration and expenses to the directors as is determined by the Lieutenant Governor in Council.
Minister's appointments
(8) Despite subsection (2), the Minister shall appoint not more than 15 directors who shall serve until the Minister revokes their appointments or the first anniversary of the day the Greater Toronto and Hamilton Area Transit Implementation Act, 2009 receives Royal Assent, whichever occurs first.
Same
(9) Nothing in this section or in any other Act or law prevents the first board appointed by the Lieutenant Governor in Council under subsection (2) from being composed of any or all of the directors appointed by the Minister under subsection (8).
Termination of current directors
(10) The terms of office of the directors who are in office immediately before the Greater Toronto and Hamilton Area Transit Implementation Act, 2009 receives Royal Assent are hereby terminated.
Repeal
(11) This subsection and subsections (8) and (9) are repealed on the first anniversary of the day after the day the Greater Toronto and Hamilton Area Transit Implementation Act, 2009 receives Royal Assent.
11. Subsection 10 (1) of the Act is repealed and the following substituted:
Chair, vice-chair
(1) The Lieutenant Governor in Council, on the recommendation of the Minister, shall designate a chair and vice-chair from among the members of the Corporation's board of directors.
Same
(1.1) Despite subsection (1), the Minister shall designate a chair and vice-chair from among the members of the Corporation's board of directors, who shall serve until the Minister revokes their designations or the first anniversary of the day the Greater Toronto and Hamilton Area Transit Implementation Act, 2009 receives Royal Assent, whichever occurs first.
Same
(1.2) Nothing in this section or in any other Act or law prevents the chair or vice-chair designated by the Lieutenant Governor in Council under subsection (1) from being the chair or vice-chair designated by the Minister under subsection (1.1).
Repeal
(1.3) This subsection and subsections (1.1) and (1.2) are repealed on the first anniversary of the day after the day the Greater Toronto and Hamilton Area Transit Implementation Act, 2009 receives Royal Assent.
12. (1) Section 11 of the Act is amended by adding the following subsection:
Voting rights
(1.1) Subject to subsection (2), each director, including the chair of the board of directors, has one vote.
(2) Subsection 11 (3) of the Act is repealed and the following substituted:
Open to the public
(3) Meetings of the board shall be open to the public on the following occasions:
1. On any occasion determined by the board.
2. When the board is considering the adoption of a transportation plan for the regional transportation area or of a change to a previously adopted transportation plan.
3. When the board is considering approval of an investment strategy.
4. When the Corporation's annual report is being presented to the board.
5. When the board is considering a by-law to change the fares charged for a transit service provided by the regional transit system.
13. (1) Subsection 14 (1) of the Act is repealed and the following substituted:
Chief executive officer
(1) The Lieutenant Governor in Council, on the recommendation of the Minister, shall appoint a chief executive officer of the Corporation who shall be an employee of the Corporation.
(2) Subsection 14 (3) of the Act is repealed and the following substituted:
Minister's appointment
(3) Despite subsection (1), the Minister shall appoint a chief executive officer who shall serve until the Minister revokes his or her appointment or the day that is 18 months after the day the Greater Toronto and Hamilton Area Transit Implementation Act, 2009 receives Royal Assent, whichever occurs first.
Same
(4) Nothing in this section or in any other Act or law prevents the chief executive officer appointed by the Lieutenant Governor in Council under subsection (1) from being the chief executive officer appointed by the Minister under subsection (3).
Remuneration and benefits
(5) The Corporation shall pay remuneration and benefits to the chief executive officer as is determined by the Lieutenant Governor in Council.
Repeal
(6) This subsection and subsections (3) and (4) are repealed on the day that is 18 months and one day after the day the Greater Toronto and Hamilton Area Transit Implementation Act, 2009 receives Royal Assent.
14. (1) Subsection 16 (2) of the Act is repealed and the following substituted:
Same
(2) Without limiting the generality of subsection (1), the Corporation has the power,
(a) to acquire, hold, lease or dispose of an interest in real or personal property for a purpose consistent with the Corporation's objects, including for the construction, alteration, extension or expansion of a transportation infrastructure project;
(b) to hold, manage, operate, fund and deliver,
(i) the GO Transit system within the GO Transit service area,
(ii) the prescribed passenger transportation systems within the regional transportation area, and
(iii) any local transit system or other transportation service within or outside the regional transportation area or the GO Transit service area by agreement with the municipalities to be served by the system or service;
(c) to develop and implement management strategies and programs relating to transit and transportation demand; and
(d) to enter into commercial arrangements with municipalities in the regional transportation area or other persons or entities for a purpose consistent with the Corporation's objects, including for designing, developing, constructing, maintaining or operating a prescribed passenger transportation system.
(2) Section 16 of the Act is amended by adding the following subsection:
Delegation to subsidiaries
(3) The Corporation may, subject to the approval of the Lieutenant Governor in Council, delegate any of its powers under subsection (2) to a subsidiary corporation established under section 17.
15. Section 17 of the Act is repealed and the following substituted:
Limitation re subsidiaries
17. (1) Subject to subsections (2) and (3), the Corporation may establish and dissolve subsidiary corporations within or outside Ontario.
Same
(2) The establishment of a subsidiary corporation under subsection (1), the structure, powers, duties, governance, constitution and management of such subsidiary corporation, the dissolution of such subsidiary corporation and the terms of its dissolution shall be subject to the approval of the Lieutenant Governor in Council.
Same
(3) A subsidiary corporation may be established for the purpose of designing, developing, constructing, holding, managing, funding, maintaining, operating or delivering a prescribed passenger transportation system only if the Corporation controls the subsidiary corporation at the time it is established and afterwards.
16. Section 18 of the Act is amended by adding the following subsection:
Definition, "public body"
(2) In this section,
"public body" means a corporation established by a municipality, a local board, a ministry, department, board, commission, agency or official of the provincial or federal government.
17. (1) Subsection 21 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:
By-laws regulating use of regional transit system, local transit systems
(1) The Corporation's board of directors may pass by-laws with respect to the regional transit system or any local transit system or other transportation service provided by agreement with a municipality under subclause 16 (2) (b) (iii),
. . . . .
(2) Subsection 21 (1) of the Act is amended by adding the following clause:
(e) requiring and providing for the issuance of permits and licences and providing for the granting of rights with respect to the use of any of its land and providing for the revocation of such a permit, licence or right.
(3) Subsection 21 (5) of the Act is repealed and the following substituted:
Appointment of officers
(5) The Corporation or a subsidiary corporation of the Corporation may appoint in writing one or more of its employees as an officer or officers for the purposes of administering and enforcing the by-laws passed under subsection (1).
Same
(5.1) A person appointed under subsection (5) is a constable at common law for the purposes of administering and enforcing the by-laws passed under subsection (1).
Same
(5.2) A person appointed under subsection (5) is deemed to be an officer appointed for carrying out the provisions of the Highway Traffic Act for the purposes of section 33 of that Act while the person is on land owned, leased, used or occupied by the Corporation or its subsidiary corporation for the purpose of the regional transit system or any local transit system or other transportation service provided by the Corporation or its subsidiary corporation by agreement with a municipality.
(4) Subsection 21 (7) of the Act is repealed and the following substituted:
Municipal Act, 2001
(7) Sections 433 and 441 of the Municipal Act, 2001 apply with necessary modifications to by-laws passed under this section.
18. The Act is amended by adding the following section before the heading "Financial Matters":
Administrative fees for contravention of parking and fare by-laws
21.1 (1) The Corporation's board of directors may pass by-laws establishing a system of administrative fees under which a person is liable to pay an administrative fee to the Corporation if the Corporation is satisfied that the person contravened,
(a) a by-law passed under clause 21 (1) (a) respecting the stopping, standing or parking of vehicles on land owned, used or occupied by the Corporation; or
(b) a by-law passed under clause 21 (1) (d) respecting the payment of fares by passengers.
Same
(2) A by-law passed under subsection (1) may also provide for the enforcement of the payment of the administrative fee, including when and how the fee is payable, and that an unpaid fee becomes a debt due to the Corporation enforceable in a court of competent jurisdiction.
Penalties for by-law contravention not affected
(3) The imposition or collection of an administrative fee for contravention of a by-law described in clause (1) (a) or (b) is in addition to and does not preclude the person who is liable to pay the fee from,
(a) being charged with and convicted of an offence for contravention of the same by-law; or
(b) agreeing to pay the penalty out of court as provided by subsection 21 (4) for contravention of the same by-law.
Limitation
(4) Despite subsection (1), the Corporation does not have the power to enforce a by-law passed under that subsection until a regulation is made under subsection (5).
Regulations
(5) Upon the recommendation of the Attorney General, the Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this section, including,
(a) granting the Corporation powers with respect to the establishment of a system of administrative fees and with respect to other matters necessary for a system of administrative fees, including requiring that there be, and governing, a review or appeal, or both, from the imposition of an administrative fee; and
(b) imposing conditions and limitations on the Corporation's powers with respect to administrative fees, including requiring that the fees be imposed and used for specified purposes and prescribing a maximum fee.
19. The Act is amended by adding the following section:
Rolling five-year capital plan
23.1 The Corporation's board of directors shall annually prepare a rolling five-year capital plan for the regional transportation area that includes,
(a) the Corporation's plans for the allocation of its funds; and
(b) the priorities assigned by the Corporation to the projects and programs set out in its plans.
20. Subsection 24 (2) of the Act is repealed and the following substituted:
Form and content of budget
(2) The budget shall be in the form required by the Minister and shall include the rolling five-year capital plan prepared under section 23.1 and any other information required by the Minister.
21. The Act is amended by adding the following section before the heading "Accountability":
Transitional matters respecting GO Transit and development charges
30.1 (1) Amounts that were deemed, by section 69 of the Greater Toronto Services Board Act, 1998, as it read immediately before January 1, 2002, to be capital costs for the purposes of subsection 5 (3) of the Development Charges Act, 1997 are deemed to be capital costs for the purposes of subsection 5 (3) of the Development Charges Act, 1997 and may be collected by a municipality under a development charge by-law passed before, or after, January 1, 2002.
Same
(2) Despite subsection 9 (1) of the Development Charges Act, 1997, a development charge by-law described in subsection (1) that would, if not for subsection 35 (1.1) of the GO Transit Act, 2001, as it read immediately before its repeal, have expired on December 31, 2003 shall remain in force until the earlier of,
(a) the day it is repealed; and
(b) a prescribed date.
Deemed capital costs
(3) If a municipality agrees to pay a capital cost that is required for the purposes of this Act, the amount that the municipality agrees to pay is deemed to be a capital cost for the purposes of subsection 5 (3) of the Development Charges Act, 1997 and may be collected by the municipality under a development charge by-law described in subsection (1) or under another development charge by-law passed for the purpose.
22. Section 31 of the Act is amended by adding the following subsection:
Same – re transportation plan
(1.1) Without limiting the generality of subsection (1), the Minister may issue a directive to the Corporation to amend the transportation plan for the regional transportation area, including a directive to incorporate steps for implementing the plan.
23. The Act is amended by adding the following section:
Minister's transportation planning policy statements
31.1 (1) The Minister may issue policy statements that have been approved by the Lieutenant Governor in Council on matters relating to transportation planning in the regional transportation area.
Preparation of policy statement
(2) In developing a transportation planning policy statement, the Minister shall,
(a) consult with any person or body whom the Minister considers may have an interest in the policy statement, including the relevant provincial ministers of the Crown and provincial agencies, relevant federal ministers of the Crown and federal agencies, the Corporation, the public, First Nations in the regional transportation area, municipalities in the regional transportation area and planning authorities having jurisdiction in the regional transportation area, as and in the manner that the Minister considers appropriate;
(b) have regard to the transportation plan adopted by the Corporation under section 6; and
(c) ensure that the transportation planning policy statement is in alignment with the growth plans prepared and approved under the Places to Grow Act, 2005 applicable in the regional transportation area.
Designated policies
(3) A transportation planning policy statement issued by the Minister may designate one or more policies in the policy statement as designated policies.
Effect of designated policies
(4) A decision under the Planning Act or the Condominium Act, 1998 made by a municipal council, local board, minister of the Crown or ministry, board, commission or agency of the Government of Ontario, including the Ontario Municipal Board, that applies in the regional transportation area shall be consistent with the designated policies set out in a transportation planning policy statement.
Comments, advice
(5) Comments, submissions or advice relating to a decision or matter described in subsection (4), that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government, shall,
(a) be consistent with the designated policies set out in a transportation planning policy statement; and
(b) have regard to the other policies set out in a transportation planning policy statement.
Exception
(6) Subsection (4) does not apply to a policy statement issued under section 3 of the Planning Act or to a minister's order under section 47 of the Planning Act.
Municipal public works and by-laws
(7) Despite any Act, no municipality in the regional transportation area or agency, board or commission of a municipality in the regional transportation area may undertake a public work or pass a by-law that conflicts with a transportation planning policy statement issued by the Minister.
Municipalities' transportation master plan
(8) The municipal council of every single-tier and upper-tier municipality in the regional transportation area, and the municipal council of any lower-tier municipality in the regional transportation area designated by the Minister, shall adopt a transportation master plan governing transportation planning matters in the municipality in accordance with and within the time required by the regulations.
Same
(9) A municipality that is required by subsection (8) to have a transportation master plan shall ensure that its transportation master plan is and remains consistent with the Minister's transportation planning policy statements.
Same
(10) A municipality that is required by subsection (8) to have a transportation master plan shall be guided in all transportation planning matters by its transportation master plan.
Same
(11) A transportation plan adopted by a municipality before the Minister issues his or her first transportation planning policy statement under subsection (1) does not constitute the transportation master plan required by this section.
Consultation and public meeting
(12) In the course of the preparation of a transportation master plan, a municipal council shall ensure that,
(a) the Minister, the Corporation and such other persons and bodies as the municipal council considers appropriate are consulted on the preparation of the plan and given an opportunity to review all supporting information and material and any other prescribed information and material;
(b) adequate information and material, including a copy of the proposed plan, is made available to the public in the manner that the municipal council considers appropriate; and
(c) at least one public meeting is held for the purpose of giving the public an opportunity to make representations in respect of the proposed plan.
Conflicts re official plans, by-laws
(13) Despite any Act, a designated policy in a transportation planning policy statement prevails in the case of conflict between the designated policy and an official plan or a zoning by-law.
Guidelines re relationship to growth plans
(14) The Minister, in conjunction with the Minister of Energy and Infrastructure, or such other member of the Executive Council to whom responsibility for the administration of the Places to Grow Act, 2005 may be assigned or transferred under the Executive Council Act, may issue guidelines to clarify the relationship between a policy in a transportation planning policy statement and a policy in a growth plan prepared and approved under the Places to Grow Act, 2005.
Minister may amend policy statement
(15) The Minister may issue an amended policy statement under subsection (1) if he or she considers it necessary to do so for any reason, including if the Corporation changes the transportation plan for the regional transportation area.
Notice
(16) Upon issuing a transportation planning policy statement or an amended transportation planning policy statement, the Minister shall cause it to be published in The Ontario Gazette and shall give such further notice of it, in such manner as the Minister considers appropriate, to all members of the Assembly and to any other persons or public bodies that the Minister considers to have an interest in the statement.
Duties of Minister unaffected
(17) Except as provided in subsection (4), nothing in this section affects or restricts the Minister in carrying out the Minister's duties and responsibilities under this or any other Act.
Application of Environmental Assessment Act
(18) Neither a transportation planning policy statement issued by the Minister under this section nor a municipality's transportation master plan is an undertaking as defined in subsection 1 (1) of the Environmental Assessment Act, but that Act continues to apply within the municipality.
Non-application of Legislation Act, 2006, Part III
(19) Part III (Regulations) of the Legislation Act, 2006 does not apply to a transportation planning policy statement or a guideline issued under this section.
Definition, "public body"
(20) In subsection (16),
"public body" means a municipality, a corporation established by a municipality, a local board, First Nations or a ministry, department, board, commission, agency or official of the provincial or federal government.
24. Subsection 32 (2) of the Act is repealed and the following substituted:
Rolling five-year capital plan
(2) The business plan shall include the rolling five-year capital plan prepared under section 23.1.
25. The Act is amended by adding the following section:
Investment strategy
32.1 On or before June 1, 2013, the Corporation shall provide the Minister and the heads of the councils of the municipalities in the regional transportation area with a copy of the Corporation's investment strategy, including proposals for revenue generation tools that may be used by the province or the municipalities to support the implementation of the transportation plan for the regional transportation area.
26. Subsection 33 (4) of the Act is repealed and the following substituted:
Other reports
(4) The Corporation and its subsidiary corporations shall provide the Minister with such information on any aspect of their business and affairs or on any matter respecting transportation or transit as the Minister may at any time request.
27. Subsection 37 (3) of the Act is repealed and the following substituted:
Same
(3) The Minister may prescribe other provisions of the Business Corporations Act and of the Corporations Act that apply with necessary modifications to,
(a) the Corporation; or
(b) its subsidiary corporations.
28. Subsection 39 (3) of the Act is amended by striking out "immediately before the day section 43 is proclaimed in force" and substituting "immediately before the day section 43 comes into force".
29. The Act is amended by adding the following sections:
Ministry of Government Services Act
39.1 (1) A transportation infrastructure project is deemed to be a public work under the Ministry of Government Services Act and, despite subsection 9 (2) (property under control of Minister) of that Act, the real property required for such projects shall be under the control of the Corporation, of one or more subsidiary corporations of the Corporation or of the Corporation and one or more of its subsidiary corporations.
Same
(2) Section 16 (procurement policies, public works) of the Ministry of Government Services Act does not apply with respect to transportation infrastructure projects undertaken by the Corporation, by one or more subsidiary corporations of the Corporation or by the Corporation and one or more of its subsidiary corporations.
Municipal Act, 2001
39.2 (1) Sections 249 and 273 of the Municipal Act, 2001 apply to the Corporation with necessary modifications.
Same
(2) For the purpose of subsection (1), a reference in a provision of the Municipal Act, 2001 referred to in that subsection to an official of a municipality shall be read as a reference to an employee of the Corporation designated by a by-law of the Corporation for that purpose.
30. Section 40 of the Act is repealed and the following substituted:
Public Vehicles Act
40. Section 2 (operating licence required) of the Public Vehicles Act does not apply in respect of the regional transit system or to any person providing transit services on the Corporation's behalf.
31. (1) Clause 42 (1) (c) of the Act is repealed and the following substituted:
(c) prescribing a passenger transportation system in the regional transportation area, whether proposed or existing, for the purpose of the definition of "regional transit system" in subsection 1 (1);
(c.1) specifying that a prescribed passenger transportation system is to be held, managed, operated, funded and delivered by, and all its assets owned by, the Corporation, a subsidiary corporation of the Corporation or the Corporation and one or more of its subsidiary corporations;
(2) Clause 42 (1) (d) of the Act is amended by striking out "subclause 6 (1) (e) (iii) and".
(3) Subsection 42 (1) of the Act is amended by adding the following clauses:
(k.1) designating a lower-tier municipality for the purpose of subsection 31.1 (8);
(k.2) prescribing the matters to be included in and other requirements of municipalities' transportation master plans required by subsection 31.1 (8), including the time within which a municipality must adopt or amend a transportation master plan to be consistent with the Minister's transportation planning policy statements;
(k.3) prescribing information and material to be made available for review by a municipality and the manner in which information and material, including a copy of a municipality's proposed transportation master plan, shall be made available to the public for the purpose of subsection 31.1 (12);
(4) Clause 42 (2) (c) of the Act is repealed and the following substituted:
(c) prescribing a date for the purpose of clause 30.1 (2) (b);
(d) prescribing a date after which no amount is payable in respect of GO Transit under a development charge by-law referred to in section 30.1, and may prescribe different dates for different municipalities;
(e) resolving conflicts between the provisions of a transportation planning policy statement issued by the Minister and other provincial plans and policies, including determining which provisions of a transportation planning policy statement or other provincial plan or policy prevail.
32. Section 46 of the Act is repealed and the following substituted:
Review of Act
46. The Minister shall initiate a review of this Act five years after the Greater Toronto and Hamilton Area Transit Implementation Act, 2009 receives Royal Assent and thereafter may initiate a review of this Act at any time, but not earlier than five years after the end of a previous review.
33. Section 49 of the Act is repealed and the following substituted:
Toronto Area Transit Operating Authority Act
49. Section 7 of the Toronto Area Transit Operating Authority Act is repealed and the following substituted:
Transfer of rolling stock if necessary
7. (1) Metrolinx shall transfer to the Authority good title in a unit of railway rolling stock that vested in Metrolinx under subsection 44 (1) of the Metrolinx Act, 2006, free and clear of all liens and encumbrances, if the Authority requires a unit of railway rolling stock as a replacement unit under Article 10.1 of any of the conditional sale agreements described in clause 5 (a).
Transfer is without compensation
(2) If Metrolinx is required to transfer title in a unit of railway rolling stock, it shall do so without compensation.
34. Section 51 of the Act is repealed.
35. Section 54 of the Act is repealed and the following substituted:
Commencement
54. (1) Subject to subsections (2) and (3), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Same
(2) Sections 52 and 53, this section and section 55 come into force on the day this Act receives Royal Assent.
Same
(3) Section 21, subsection 39 (3) and sections 40, 43 to 45, 49 and 50 come into force on the day the Greater Toronto and Hamilton Area Transit Implementation Act, 2009 receives Royal Assent.
36. Paragraph 6 of subsection 11.12 (2) of the City of Hamilton Act, 1999 is repealed and the following substituted:
6. The regional transit system as defined in section 1 of the Metrolinx Act, 2006.
Commencement
37. This Act comes into force on the day it receives Royal Assent.
Short title
38. The short title of this Act is the Greater Toronto and Hamilton Area Transit Implementation Act, 2009.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 163 and does not form part of the law. Bill 163 has been enacted as Chapter 14 of the Statutes of Ontario, 2009.
The Bill amends the Greater Toronto Transportation Authority Act, 2006.
The current Act provided that it was to come into force partly when it received Royal Assent and partly on proclamation. Much of the Act did come into force by proclamation on August 24, 2006. However, the parts of the current Act that deal with the dissolution of GO Transit and the delivery of the GO Transit system by the Corporation are still unproclaimed. The Bill amends the Act's commencement section and provides that both the Bill and the unproclaimed provisions of the Greater Toronto Transportation Authority Act, 2006 will come into force when the Bill receives Royal Assent. The only exception is section 7 of the Greater Toronto Transportation Authority Act, 2006 (duties of the Corporation re unified fare system), which still awaits proclamation to come into force.
Changes to the Corporation's name, composition and structure
The Greater Toronto Transportation Authority Act, 2006 established the Greater Toronto Transportation Authority, which is referred to in the Act as the Corporation. The Bill changes the name of the Corporation to Metrolinx and it changes the title of the Act to the Metrolinx Act, 2006.
The Bill changes the composition of the Corporation's board of directors. Under the current Act, the board is composed of nine people recommended by the councils of the municipalities in the regional transportation area and two people recommended by the Minister of Transportation. The Bill terminates the terms of office of the current directors and provides that the board will now be composed of 15 people recommended by the Minister of Transportation and appointed by the Lieutenant Governor in Council. None of the directors may be an elected official at the municipal, provincial or federal levels or an employee of the provincial or federal governments or of an Ontario municipality, or of a board, commission or agency of any of them.
The first board of directors appointed after the Bill receives Royal Assent, however, is to be appointed by the Minister of Transportation. These directors will serve for up to a year, although they may be reappointed by the Lieutenant Governor in Council.
Under the current Act, the chair and vice-chair of the Corporation's board of directors are designated by the Minister of Transportation and the Corporation's chief executive officer is appointed by the Corporation. The Bill provides that the chair and vice-chair are designated by the Lieutenant Governor in Council on the Minister of Transportation's recommendation and that the chief executive officer is similarly appointed. The first chair, vice-chair and chief executive officer designated or appointed after the Bill receives Royal Assent, however, are to be selected by the Minister of Transportation. The Minister's designates for chair and vice-chair may serve for up to a year and the chief executive officer appointed by the Minister may serve for up to 18 months. The Lieutenant Governor in Council may redesignate or reappoint the same people when making its first designations of chair and vice-chair and appointment of the chief executive officer.
Under the current Act, the Corporation is divided into divisions, each of which is primarily responsible for carrying out a different aspect of the Corporation's objects. The structure of the Corporation is amended so that it is no longer required to be divided into divisions. The powers and duties allocated to the various divisions in the current Act now fall to the Corporation as a whole.
Changes to the Corporation's objects
The Corporation's first stated object, in clause 5 (1) (a) of the current Act, is to provide leadership in the co-ordination, planning, financing and development of an integrated, multi-modal transportation network. This is amended to say that the Corporation is also to provide leadership in the implementation of the transportation network. Another amendment to clause 5 (1) (a) is the added requirement that the transportation network support a high quality of life, a sustainable environment and a strong, prosperous and competitive economy.
The Corporation's third stated object, in the unproclaimed clause 5 (1) (c) of the current Act, is to be responsible for the operation of the GO Transit system and the provision of other transit services. This is enacted again, with changes; the Corporation is now to be responsible for the operation of the regional transit system, which is defined as consisting of the GO Transit system and other prescribed passenger transportation systems in the regional transportation area. The Minister of Transportation is authorized to make regulations prescribing passenger transportation systems, whether proposed or existing, for the purpose of this definition, and also specifying that all the assets of a prescribed system be owned by the Corporation, by one of its subsidiary corporations or by the Corporation and one or more of its subsidiary corporations. Throughout the Act (for example, sections 6, 7, 8.1, 16, 21 and 40), the Corporation's duties and powers respecting the GO Transit system are amended so that they now apply to the whole regional transit system.
Changes to the Corporation's duties and powers
Section 6 of the current Act sets out the Corporation's duties in respect of the object in clause 5 (1) (a) respecting transportation integration. Subsection 6 (1) of the Act is amended as follows: clause 6 (1) (c) is amended to provide that the Corporation promote and facilitate co-ordinated decision-making among the municipalities in the regional transportation area and the federal and provincial governments, rather than solely among the municipalities; clause 6 (1) (d) is re-enacted to require the Corporation to promote the safety, efficiency and protection of transportation corridors; the requirement in current clause 6 (1) (d) that the Corporation develop a comprehensive emergency and security plan for local transit systems in the regional transportation area is replaced by the requirement in new clause 8.1 (1) (i) of the Act that the Corporation develop an emergency and security plan for the regional transit system in co-ordination with the local transit systems in the regional transportation area; the duty of the Corporation in clause 6 (1) (e) to advise the Minister of Transportation and the heads of the councils of the municipalities in the regional transportation area of the implications to local transit systems of various provincial and municipal plans, policies and strategies is repealed.
Under the current Act, the Corporation is required to prepare a transportation plan for the regional transportation area. The requirements for the transportation plan set out in subsection 6 (2) of the Act are amended as follows: the requirement in clause 6 (2) (e) that the plan be consistent with the official plans of the municipalities in the regional transportation area is replaced by the requirement that the plan conform with the growth plans prepared and approved under the Places to Grow Act, 2005 applicable in the regional transportation area; the requirements in clauses 6 (2) (j) and (k) of the Act that the transportation plan include a rolling five-year capital plan and an investment strategy are repealed. Instead, the Corporation is required by new section 23.1 of the Act to annually prepare a rolling five-year capital plan and by new section 32.1 of the Act to prepare an investment strategy to be provided to the Minister of Transportation and the heads of the councils of the municipalities in the regional transportation area by June 1, 2013. The investment strategy is to include proposals for revenue generation tools that may be used by the province or the municipalities to support the implementation of the transportation plan. Sections 24 and 32 of the Act are amended to require that the Corporation's budget and business plan include the rolling five-year capital plan.
Subsection 6 (3) of the current Act requires the Corporation to engage in public consultation when developing the transportation plan or any changes to it; this is amended to add First Nations in the regional transportation area to the persons and bodies with which the Corporation is required to consult. New subsection 6 (4.1) of the Act requires the Corporation to provide the Minister of Transportation with a copy of the transportation plan and of any changes to the transportation plan. New subsection 6 (4.2) of the Act requires that the Corporation be guided by the transportation plan in all its decisions and actions. New subsection 6 (4.3) of the Act requires that the Corporation make the transportation plan available for public inspection.
Section 11 of the Act is amended by revising the list of occasions when meetings of the Corporation's board of directors are required to be open. Open meetings will no longer be required when the Corporation is considering adoption of its rolling five-year capital plan or its annual budget. New subsection 11 (1.1) makes it clear that every member of the board, including the chair, has one vote, with the chair's casting vote in the event of a tie being his or her second vote.
Subsection 16 (2) of the current Act sets out the Corporation's powers. This is amended to give the Corporation the following additional powers: the power to enter into commercial arrangements for a purpose consistent with the Corporation's objects, including for designing, developing, constructing, maintaining or operating a prescribed passenger transportation system; and the power to acquire, hold, lease or dispose of property for any purpose consistent with the Corporation's objects, including for the construction, alteration, extension or expansion of a transportation infrastructure project. In connection with the Corporation's power respecting transportation infrastructure projects, new section 39.1 of the Act exempts those projects from certain requirements of the Ministry of Government Services Act.
Section 17 of the current Act imposes limits on the Corporation's ability to establish subsidiary corporations. Section 17 is re-enacted to require that not only a subsidiary's establishment, but also its structure, governance, constitution, management and its dissolution are subject to the approval of the Lieutenant Governor in Council. The Corporation is also required to retain control of a subsidiary corporation that is established to design, develop, construct, hold, manage, fund, maintain, operate or deliver a prescribed passenger transportation system. Under new subsection 16 (3) of the Act, the Corporation is also given the power to delegate powers to a subsidiary corporation, subject to the approval of the Lieutenant Governor in Council.
New section 21.1 of the Act authorizes the Corporation to pass by-laws establishing a system of administrative fees to be imposed for contravention of its by-laws respecting stopping, standing or parking of vehicles or payment of fares. The administrative fees by-laws cannot be enforced until further authorized by regulation which may impose requirements, conditions and limitations for the administrative fees by-laws, including requiring reviews and appeals from the imposition of an administrative fee, requiring that the fees be imposed and used for specified purposes and prescribing a maximum fee.
Other changes
New section 30.1 and new clauses 42 (2) (c) and (d) of the Act bring forward section 35 of the GO Transit Act, 2001 which extends the life of development charge by-laws respecting capital costs of GO Transit.
Under the current Act, the Minister of Transportation may issue directives to the Corporation. New subsection 31 (1.1) of the Act provides that a Minister's directive may require the Corporation to amend the transportation plan for the regional transportation area, including by incorporating steps for the plan's implementation.
New section 31.1 of the Act provides that, subject to the approval of the Lieutenant Governor in Council, the Minister of Transportation may issue policy statements on matters relating to transportation planning in the regional transportation area. The Minister is required to consult with interested persons and bodies before issuing a transportation planning policy statement. A transportation planning policy statement is to be developed having regard to the Corporation's transportation plan for the regional transportation area and in alignment with the growth plans prepared and approved under the Places to Grow Act, 2005 applicable in the regional transportation area. Decisions made under the Planning Act and the Condominium Act, 1998 that apply in the regional transportation area, with certain exceptions, must be consistent with any policies contained in a transportation planning policy statement that are designated by the Minister. Municipalities in the regional transportation area may not undertake a public work or pass a by-law that conflicts with a transportation planning policy statement. Single-tier, upper-tier and designated lower-tier municipalities in the regional transportation area must adopt a master plan governing transportation planning that is consistent with the Minister's policy statements. The contents and other requirements of the municipalities' transportation master plans will be prescribed by the Minister of Transportation.
Subsection 33 (4) of the Act is re-enacted to require the Corporation and its subsidiaries to provide information to the Minister of Transportation, not only on their business and affairs, but on any matter respecting transportation or transit.
New section 39.2 of the Act makes sections 249 and 273 of the Municipal Act, 2001 (respecting the making and quashing of by-laws) apply to the Corporation.
The requirement in section 46 of the Act for reviews of the Act to be undertaken by the Minister of Transportation is amended to provide that the first review not begin until five years after the Bill is enacted.
Miscellaneous amendments
The definition of Minister in subsection 1 (1) of the Act is re-enacted to refer to a minister to whom responsibility for the administration of the Act is assigned or transferred under the Executive Council Act.
Section 6 of the current Act requires the Corporation to create a transportation plan for the regional transportation area. The wording is changed to require that the Corporation develop and adopt the plan.
Clause 6 (2) (i) and subsection 6 (3) of the Act are re-enacted to clarify their meanings.
Subsection 21 (1) of the Act is amended to allow the Corporation to make by-laws requiring and providing for the issuance of permits and licences and the granting of rights with respect to the use of its land. Subsection 21 (5) of the Act is re-enacted and new subsections 21 (5.1) and (5.2) of the Act are enacted to clarify the powers of an employee of the Corporation or of a subsidiary corporation of the Corporation who is appointed to administer and enforce the Corporation's by-laws governing the use of the regional transit system and local transit systems or other transportation services provided by agreement with municipalities. Subsection 21 (7) of the Act, which provides that certain sections of the Municipal Act, 2001 apply to the by-laws made by the Corporation, is amended to refer to the provisions that govern the collection of fines for contravention of the by-laws.
Subsection 37 (3) of the Act is re-enacted to provide that the Minister of Transportation may prescribe provisions of the Business Corporations Act and the Corporations Act that apply to either the Corporation or its subsidiaries or to both of them.