Ministry of Infrastructure Act, 2011, S.O. 2011, c. 9, Sched. 27

• Jurisdiction: Ontario

Ministry of Infrastructure Act, 2011

S.O. 2011, CHAPTER 9
Schedule 27

Consolidation Period: From May 18, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 5, Sched. 2, s. 1, 2.

CONTENTS

Definitions

1 In this Act,

“Deputy Minister” means the Deputy Minister of Infrastructure; (“sous-ministre”)

“Government” means,

(a) the Government of Ontario and the Crown in right of Ontario,

(b) a ministry of the Government of Ontario,

(c) a Crown agency, other than a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002, and

(d) any board, commission, authority or unincorporated body of the Crown; (“gouvernement”)

“Government property” means property described in section 1.1; (“biens du gouvernement”)

“Minister” means, unless the context requires otherwise, the Minister of Infrastructure or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the Ministry of Infrastructure; (“ministère”)

“public sector organization” means,

(a) a municipality within the meaning of the Municipal Act, 2001,

(b) a local board, as defined in subsection 1 (1) of the Municipal Act, 2001,

(c) a board, as defined in subsection 1 (1) of the Education Act,

(d) a post-secondary educational institution in Ontario that receives regular operating funding from the Government,

(e) a hospital within the meaning of the Public Hospitals Act,

(f) a board of health, as defined in subsection 1 (1) of the Health Protection and Promotion Act,

(g) such other persons and entities, including the Office of the Assembly and the offices of officers of the Assembly, as may be prescribed for the purposes of this definition. (“organisation du secteur public”) 2011, c. 9, Sched. 27, s. 1; 2015, c. 38, Sched. 7, s. 51 (1-5); 2018, c. 17, Sched. 45, s. 10.

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

2015, c. 38, Sched. 7, s. 51 (1-5) - 10/12/2016

2018, c. 17, Sched. 45, s. 10 - 06/12/2018

Government property

1.1 (1) For the purposes of this Act, land or interests in land, and fixtures or interests in fixtures installed or placed in or used in connection with the land, are Government property if they belong to the Government. 2015, c. 38, Sched. 7, s. 51 (6).

Same, certain buildings and structures

(2) For the purposes of this Act, a building or structure or an interest in a building or structure is also Government property if,

(a) the building, structure or interest is owned separately from the land on which the building or structure is located; and

(b) the building, structure or interest belongs to the Government. 2015, c. 38, Sched. 7, s. 51 (6).

Method of acquisition not affecting status

(3) Property described in this section as Government property has that status regardless of how it vested in the Crown. 2015, c. 38, Sched. 7, s. 51 (6).

Commodities, furnishings and equipment

(4) For greater certainty, commodities, furnishings and equipment referred to in the Ministry of Government Services Act are not Government property for the purposes of this Act. 2015, c. 38, Sched. 7, s. 51 (6).

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

2015, c. 38, Sched. 7, s. 51 (6) - 10/12/2016

Ministry continued

2 The Ministry of the public service known in English as the Ministry of Infrastructure and in French as ministère de l’Infrastructure is continued. 2011, c. 9, Sched. 27, s. 2.

Minister to have charge

3 The Minister shall preside over and have charge of the Ministry. 2011, c. 9, Sched. 27, s. 3.

Deputy Minister

4 The Lieutenant Governor in Council shall appoint a Deputy Minister of Infrastructure who shall be the deputy head of the Ministry. 2011, c. 9, Sched. 27, s. 4.

Employees

5 Such employees as are required from time to time for the proper conduct of the business of the Ministry may be appointed under Part III of the Public Service of Ontario Act, 2006. 2011, c. 9, Sched. 27, s. 5.

Protection from personal liability

6 (1) No action or other civil proceeding shall be instituted against the Deputy Minister or any public servant who works in the Ministry, anyone acting under authority delegated by the Minister under section 19, or a member of a committee established under section 20 for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty. 2011, c. 9, Sched. 27, s. 6 (1).

Liability of Crown

(2) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. 2011, c. 9, Sched. 27, s. 6 (2); 2019, c. 7, Sched. 17, s. 112.

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

2019, c. 7, Sched. 17, s. 112 - 01/07/2019

Responsibilities of the Minister

7 (1) The Minister or, subject to the direction and control of the Minister, the Deputy Minister, shall,

(a) review matters relating to infrastructure and to Government property on a continuing basis with regard to Ontario’s short-term and long-term goals and needs in respect of infrastructure and Government property;

(b) advise and assist the Government in its dealings with other governments regarding infrastructure matters and growth management;

(c) make recommendations, establish policies and undertake programs for the purposes of growth plans and growth management in support of strong communities;

(d) make recommendations for the effective co-ordination and development, within Government, of infrastructure and Government property;

(e) make recommendations regarding priorities for infrastructure and Government property;

(f) establish policies relating to infrastructure and Government property;

(g) engage in the planning and development of infrastructure and Government property;

(h) advise the Government on and be responsible for corridor land within the meaning of Part IX.1 of the Electricity Act, 1998; and

(i) engage in such activities, projects and programs as the Minister considers appropriate in the exercise of his or her authority and the performance of his or her duties, functions and responsibilities. 2011, c. 9, Sched. 27, s. 7 (1); 2015, c. 38, Sched. 7, s. 51 (7).

Same, Government property

(2) The Minister is responsible for,

(a) acquiring land, buildings and structures or interests in land, buildings and structures;

(a.1) disposing of or leasing Government property;

(b) designing, constructing, renovating, servicing, maintaining, repairing, furnishing, equipping, managing and administering Government property; and

(c) deciding which Government properties or parts of Government properties should be open to the public, and managing and administering those properties or parts, including,

(i) regulating vehicular and pedestrian traffic,

(ii) reserving for a limited use all or part of any building or structure that is Government property, and

(iii) fixing and collecting fees for parking in any area set aside for parking in, on or under Government property. 2011, c. 9, Sched. 27, s. 7 (2); 2015, c. 38, Sched. 7, s. 51 (8-10).

Administration of Acts

(3) The Minister is responsible for the administration of this Act and any Acts that are assigned to the Minister by the Legislature or by the Lieutenant Governor in Council. 2011, c. 9, Sched. 27, s. 7 (3).

Authority of Minister

(4) The Minister or, subject to the direction and control of the Minister, the Deputy Minister may, in respect of any matter for which the Minister has responsibility under this or any other Act,

(a) undertake research;

(b) establish policies;

(c) do any one or more of promoting, commissioning or participating in research, experiments, feasibility studies, pilot or demonstration projects, testing activities and evaluations;

(d) develop, co-ordinate and implement plans and programs;

(e) promote and engage in public education and the dissemination of information;

(f) facilitate the resolution of disputes;

(g) enter into agreements for and in the name of the Crown;

(h) make grants;

(i) make loans, subject to the approval of the Lieutenant Governor in Council; and

(j) issue directions to the agencies for which the Minister is responsible. 2011, c. 9, Sched. 27, s. 7 (4).

Same

(5) Despite Part I of the Financial Administration Act, the Minister may do the following:

1. Receive funds that are not public money within the meaning of subsection 1 (3) of the Financial Administration Act, if the Minister receives the funds under an agreement authorized by clause (4) (g) in relation to an infrastructure project or Government property.

2. Exercise control over funds that are not public money within the meaning of subsection 1 (3) of the Financial Administration Act and that are held in an account that is not in the name of the Crown, if the Minister obtains control over the funds under an agreement authorized by clause (4) (g) in relation to an infrastructure project or Government property.

3. Establish accounts in the name of the Minister with an entity referred to in subsection 2 (2) of the Financial Administration Act.

4. Deposit funds referred to in paragraph 1 or 2 into accounts established under paragraph 3.

5. Pay out the funds referred to in paragraph 1 or 2 and the income earned on those funds in accordance with the agreement referred to in paragraph 1 or 2, as the case may be. 2011, c. 9, Sched. 27, s. 7 (5); 2015, c. 38, Sched. 7, s. 51 (11).

Same, income paid into CRF

(6) Where income earned on funds referred to in paragraph 1 or 2 of subsection (5) is public money within the meaning of subsection 1 (3) of the Financial...