New Deal for Toronto Act, 2023, S.O. 2023, c. 25 - Bill 154

• Jurisdiction: Ontario
• Bill Number: 154
• Date: 06 December 2023

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 154 and does not form part of the law. Bill 154 has been enacted as Chapter 25 of the Statutes of Ontario, 2023.

SCHEDULE 1
RECOVERY THROUGH GROWTH ACT (CITY OF TORONTO), 2023

The Schedule enacts the Recovery Through Growth Act (City of Toronto), 2023. The Act requires the Government of Ontario and the City of Toronto to discuss the F. G. Gardiner Expressway and the Don Valley Parkway, financial support for the Toronto Transit Commission subway system, the use of provincial and municipal surplus lands within the City of Toronto and financial support to the City of Toronto for shelters and other homelessness programs and services. Other matters for discussion can be prescribed.

SCHEDULE 2
REBUILDING ONTARIO PLACE ACT, 2023

The Schedule enacts the Rebuilding Ontario Place Act, 2023. The Act defines several terms including vested real property, the Ontario Place site and the Ontario Place Redevelopment Project, and provides for the vesting of prescribed real property to the Crown. The City of Toronto is prohibited from encumbering, selling or otherwise disposing of land identified by Property Identification Numbers set out in Schedule 1 to the Act. The Act requires the Crown to pay compensation in respect of vested real property that vests in the Crown and sets out a framework for paying the compensation. (Sections 1 to 4)

The Act, in effect, gives the Minister of Infrastructure the powers conferred upon the Minister of Municipal Affairs and Housing under sections 23 and 47 of the Planning Act and provides that any order made by the Minister of Infrastructure using those powers need not be consistent with any policy statement issued under subsection 3 (1) of the Planning Act and need not conform with any provincial plan in effect in the area in which the order applies. The Act exempts from the Environmental Assessment Act, with certain exceptions, undertakings that are carried out at a site that is comprised of the land identified by the Property Identification Numbers set out in Schedule 3 to the Act and any other prescribed land that is part of the land identified by the Property Identification Numbers set out in Schedule 1. Undertakings that are not carried out at that site are also exempt from the Environmental Assessment Act if they further the Ontario Place Redevelopment Project. The Act provides that the Ontario Heritage Act does not apply in respect of land identified by Property Identification Numbers set out in Schedule 3 to the Act or any buildings or structures located on that land or to any land, buildings or structures specified in regulations, if any. The Act also authorizes regulations to specify land, buildings or structures at the Ontario Place site to which the Ontario Heritage Act applies. (Sections 5 to 10)

The City of Toronto’s ability to prohibit and regulate noise emitted from the Ontario Place site is removed unless authorized to do so under the regulations. As well, the Act includes a regulation-making power to impose limits and conditions on the power of the City of Toronto under the City of Toronto Act, 2006, if it is considered necessary or desirable to facilitate construction at the Ontario Place site. (Sections 11 and 12)

If it is determined by the Minister that specified municipal service and right of way access is required for the purpose of furthering the Ontario Place Redevelopment Project and the City of Toronto and the Corporation (or a prescribed person or entity, if applicable) are not able to agree on terms for the municipal service and right of way access, the Minister may make a municipal service and right of way access order setting out terms specified in the Act. (Section 13)

The remaining provisions of the Act address various miscellaneous matters, including Ministerial directives and delegation to the Ontario Infrastructure and Lands Corporation, service of documents, protections against liability and regulation-making powers (which may be retroactive). (Sections 14 to 21)

Finally, a number of self-amendments and consequential amendments to the Environmental Bill of Rights, 1993 and the Ontario Infrastructure and Lands Corporation Act, 2011 are made. (Sections 22 to 24)

The main body of the Act comes into force on the day the New Deal for Toronto Act, 2023 receives Royal Assent with several amending provisions coming into force on a later day to be named by proclamation of the Lieutenant Governor. Subsection 23 (2) which repeals the consequential amendment to the Environmental Bill of Rights, 1993 comes into force 30 days after the New Deal for Toronto Act, 2023 receives Royal Assent. (Section 25)

chapter 25

An Act to enact the Recovery Through Growth Act (City of Toronto), 2023 and the Rebuilding Ontario Place Act, 2023

Assented to December 6, 2023

CONTENTS

Preamble

The Government of Ontario recognizes the City of Toronto’s unique role as a regionally, provincially and nationally significant centre for job creation and economic growth and a primary destination for young people and new immigrants.

This Act is part of the Government’s efforts to improve the long-term financial stability and sustainability of Toronto, and advance key priorities between the City of Toronto and the Government of Ontario. This Act will support smart and effective growth for Toronto, including in key areas such as transportation, infrastructure, housing and efficient service delivery.

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

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the New Deal for Toronto Act, 2023.

SCHEDULE 1
RECOVERY THROUGH GROWTH ACT (CITY OF TORONTO), 2023

Discussions between the Province and the City

1 (1) The Government of Ontario and the City of Toronto shall continue to discuss the following, including implementation plans where there is agreement:

1. The F. G. Gardiner Expressway and the Don Valley Parkway, including the possibility of those highways and the associated rights of way becoming provincial responsibilities.

2. Financial support for the Toronto Transit Commission subway system, including for initiatives to improve public safety and security.

3. The use of provincial and municipal surplus lands within the City of Toronto to more effectively address housing needs, including the supply of all forms of housing, and other priorities of the Province and the City of Toronto.

4. Financial support to the City of Toronto for shelters and other homelessness programs and services, conditional on financial support from the Government of Canada for homelessness programs and services for refugees and asylum seekers.

5. Any other matters prescribed by the regulations.

Implementation plans

(2) The discussions required under subsection (1) shall include discussions of implementation plans to implement anything agreed to between the Government of Ontario and the City of Toronto.

Regulations

2 The Lieutenant Governor in Council may make regulations,

(a) setting out a schedule for the conduct of discussions required under subsection 1 (1);

(b) prescribing other matters for the purposes of paragraph 5 of subsection 1 (1).

Repeal of Act

3 This Act is repealed.

Commencement

4 (1) Except as otherwise provided in this section, the Act set out in this Schedule comes into force on the day the New Deal for Toronto Act, 2023 receives Royal Assent.

(2) Section 3 comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

5 The short title of the Act set out in this Schedule is the Recovery Through Growth Act (City of Toronto), 2023.

SCHEDULE 2
REBUILDING ONTARIO PLACE ACT, 2023

CONTENTS

Interpretation

Definitions

1 In this Act,

“Corporation” means the Ontario Infrastructure and Lands Corporation; (“Société”)

“Crown” means the Crown in right of Ontario; (“Couronne”)

“Minister” means the Minister of Infrastructure or such other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“Ontario Place Redevelopment Project” means,

(a) an enterprise or activity in respect of services, facilities, land or infrastructure of any nature or kind at the Ontario Place site,

(b) any prescribed enterprise or activity at the Ontario Place site, or

(c) a proposal, plan or program in respect of an enterprise or activity described in clause (a) or (b); (“projet de réaménagement de la Place de l’Ontario”)

“Ontario Place site” means the prescribed land that is part of the land identified by the Property Identification Numbers set out in Schedule 2; (“site de la Place de l’Ontario”)

“prescribed” means prescribed by the Minister under section 18; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“vested real property” means the land, interests, buildings, structures, fixtures, additions, alterations and improvements that are vested in the Crown under section 2. (“biens réels dévolus”)

Vested Real Property

Land vested in the Crown

2 (1) Any land prescribed for the purposes of this subsection is vested in the Crown on the date prescribed in respect of the...