Building Transit Faster Act, 2020, S.O. 2020, c. 12

• Jurisdiction: Ontario

Building Transit Faster Act, 2020

S.o. 2020, chapter 12

Consolidation Period: From June 1, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 6, s. 32.

CONTENTS

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

Part I
Purpose and interpretation

Purpose

1 The purpose of the Act is to expedite the delivery of transit projects of provincial significance by removing barriers and streamlining processes that may result in delays to the timely completion of these transit projects, while enhancing coordination and engagement with and being fair to public and private sector stakeholders. 2020, c. 35, Sched. 1, s. 1.

Section Amendments with date in force (d/m/y)

2020, c. 35, Sched. 1, s. 1 - 08/12/2020

Definitions

2 In this Act,

“actual cost”, in respect of the costs of work carried out by a utility company to comply with a notice under section 46, means all costs properly attributed to the work, including,

(a) the actual wages paid to all workers up to and including the supervisors for their time actually spent on the work and in travelling to and from the work, and the cost of food, lodging and transportation for such workers where necessary for the proper carrying out of the work,

(b) the cost to the utility company of contributions related to such wages in respect of workplace safety and insurance premiums, vacation pay, employment insurance, pension or insurance benefits and other similar benefits,

(c) the cost of using and transporting equipment and explosives used in the work,

(d) the cost of planning, designing and engineering,

(e) the cost of materials,

(f) the cost of acquiring necessary permits, approvals and property rights, and

(g) related administrative costs such as for project management; (“coût réel”)

“business day” means a day from Monday to Friday, other than a holiday as defined in section 87 of the Legislation Act, 2006; (“jour ouvrable”)

“construction danger inspection and elimination” means actions under subsection 26 (1) or 27 (1); (“visite d’inspection et activité d’élimination d’un risque pour la construction”)

“immediate danger to construction”, in relation to a thing, means that,

(a) it poses an immediate danger to the health and safety of persons working on a priority transit project, or

(b) the only reason it does not pose an immediate danger described in clause (a) is because the work is not occurring, but, the Minister is ready to have that work occur; (“risque immédiat pour la construction”)

“Minister” means the Minister of Transportation 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”)

“municipal service and right of way access” means municipal service and right of way access referred to in section 52; (“accès aux services municipaux et par droit de passage”)

“municipal service and right of way access order” means a municipal service and right of way access order made under section 57; (“arrêté d’accès aux services municipaux et par droit de passage”)

“obstruction removal” means an obstruction removal under subsection 19 (1); (“activité d’enlèvement d’un obstacle”)

“obstruction removal notice” means a notice under section 13; (“avis d’enlèvement d’un obstacle”)

“permit” means a permit under this Act, except in,

(a) clause (f) of the definition of “actual cost”, and

(b) section 48; (“permis”)

“prescribed” means prescribed by regulation; (“prescrit”)

“preview inspection” means a preview inspection under subsection 34 (1); (“inspection préalable”)

“priority transit project” means,

(a) the line known as the Ontario Line located in the City of Toronto,

(b) the subway extension known as the Scarborough Subway Extension, and also known as the Line 2 East Extension, located in the City of Toronto,

(c) the subway extension known as the Yonge Subway Extension, and also known as the Yonge North Subway Extension, extending from within the City of Toronto to within the Regional Municipality of York,

(d) the light rail transit extension known as the Eglinton Crosstown West Extension extending westward from within the City of Toronto at the station known as Mount Dennis, or

(e) any other prescribed provincial transit project; (“projet de transport en commun prioritaire”)

“proponent” has the same meaning as in section 21 of the Ontario Land Tribunal Act, 2021; (“promoteur”)

“regulation” means a regulation under this Act; (“règlement”)

“stop-work order” means an order under section 64; (“arrêté de cessation des travaux”)

“transit corridor land” means land designated as transit corridor land under section 62; (“bien-fonds affecté à un couloir de transport en commun”)

“utility company” means a municipal corporation or commission or a company or individual operating or using communications services, water services or sewage services, or transmitting, distributing or supplying any substance or form of energy for light, heat or power; (“entreprise de services publics”)

“utility infrastructure” means poles, wires, cables including fibre-optic cables, conduits, towers, transformers, pipes, pipe lines or any other works, structures or appliances placed over, on or under land or water by a utility company. (“infrastructure de services publics”) 2020, c. 12, s. 2; 2020, c. 35, Sched. 1, s. 2; 2021, c. 4, Sched. 6, s. 32 (2).

Section Amendments with date in force (d/m/y)

2020, c. 35, Sched. 1, s. 2 (1, 2) - 08/12/2020

2021, c. 4, Sched. 6, s. 32 (2) - 01/06/2021

Part II
Corridor Control

Development Control and Obstruction removal

Development Control

Corridor Development Permit

Corridor development permit

3 No person shall carry out the following work on or near transit corridor land without a permit issued by the Minister:

buildings, structures, roads

1. Build, alter or place a building, other structure or road, or conduct excavation or dewatering, on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

This does not include utility infrastructure, excavation for utility infrastructure or dewatering for utility infrastructure.

utility infrastructure

2. Build, alter or place utility infrastructure that would require grading or excavation on or under,

i. transit corridor land, or

ii. land within 10 metres of transit corridor land.

prescribed

3. Prescribed work.

How permits work

4 (1) The Minister may issue a permit for the purposes of section 3.

Terms and conditions

(2) The Minister may attach terms and conditions to a permit, or change such terms and conditions, at the Minister’s discretion at any time.

Cancellation

5 The Minister may cancel a permit at the Minister’s discretion at any time.

Emergencies

6 (1) In an emergency, a municipality or utility company may respond to the emergency by carrying out work that would otherwise be prohibited by section 3.

Notice of the work

(2) The municipality or utility company shall notify the Minister of the work reasonably promptly.

Development in Process

Normally, no permit required for development in process

7 Work does not need a permit if that work got all legally required approvals before a designation of land as transit corridor land brought that work within the ambit of section 3.

Imposition of permit requirement

8 The Minister may, by notice to the work’s proponent, impose a requirement that, if the work is not completed during the period ending on the day that is six months after the day that the notice was served, the work needs a permit after that time, unless an alternative approach is negotiated.

Negotiation

9 The Minister shall attempt to enter into negotiations, and negotiate in good faith, to enable the work to be carried out,

(a) to the extent possible;

(b) on a reasonable timeline; and

(c) in a manner compatible with the needs and timelines of a priority transit project.

If negotiation fails

10 (1) If an agreement has not been reached during the period ending on the day that is six months after the day that the notice was served, the exception in section 7 ceases to apply, such that a person needs a permit from the Minister under section 3 to carry out the work.

Discretion to impose permit

(2) The Minister may, by notice to the work’s proponent, impose such a permit.

Review

Review

11 A person may seek a review of a decision with respect to permits if the Minister has established a review process under section 63.

Obstruction Removal

Obstruction Removal Notice and Negotiation

Need for obstruction removal

12 The Minister may determine that the construction of a priority transit project requires the alteration or removal of any of the following things, whether or not they are there in violation of section 3:

structures

1. A structure on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

This does not include the removal of a building, road or utility infrastructure, but does include the removal of part of a building.

trees, shrubs, hedges

2. A tree, shrub or hedge on or under,

i. transit corridor land, or

ii. land within 30 metres of transit corridor land.

prescribed

3. A prescribed thing.

Obstruction removal notice

13 The Minister may notify a property owner that the alteration or removal of the thing on their property is required.

Contents of notice

14 The obstruction removal notice shall be in writing and include the following information:

1. The work to be carried out.

2. The date by which the work must be completed.

3. That the owner shall be negotiated with in good faith to further the work.

4. That if agreement has not been reached during the period ending on the day that is 30 days after the day that the notice was served, the Minister may carry out an obstruction removal with respect to the...