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Explanatory Note

CHAPTER 16

An Act to establish the
Greater Toronto Transportation
Authority and to repeal the
GO Transit Act, 2001

Assented to June 22, 2006

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

CONTENTS

Definitions

1.

Definitions

Corporation

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

Corporation established

Crown agency

Divisions

Objects

Duties of Corporation re leadership in transportation integration

Duties of Corporation re unified fare system

Duties of Corporation re procurement

Board of directors

Chair, vice-chair

Meetings of board

By-laws, resolutions of board

Advisory committees

Chief executive officer

Employees, officers

Powers

16.

17.

18.

19.

20.

21.

Powers

Limitation re subsidiaries

Grants, loans and other financial assistance

Agreements

Expropriation

By-laws regulating use of GO Transit system

Financial Matters

22.

23.

24.

25.

26.

27.

28.

29.

30.

Fiscal year

Assets and revenue not part of Consolidated Revenue Fund

Budget and other financial information

Annual financial statements

Audit

Borrowing and investing

Agreement for transferring property

Asset sales

Provincial funding of Corporation and subsidiaries

Accountability

31.

32.

33.

34.

35.

36.

Ministerial directives

Business plan

Annual report

Corporation, subsidiary may declare it is not acting as a Crown agency

No proceeding against the Crown

Protection from personal liability

Application of Other Acts

37.

38.

39.

40.

41.

Business Corporations Act, Corporations Act, Corporations Information Act

Crown Employees Collective Bargaining Act, 1993, Public Service Act

Environmental Assessment Act

Public Vehicles Act

Canada Transportation Act

Regulations

42.

Regulations

Dissolution of GO Transit

43.

44.

45.

Dissolution of GO Transit

Corporation assumes GO Transit’s rights, obligations, etc.

Employees continued

Review of Act

46.

Review of Act

Consequential Amendments

47.

48.

49.

GO Transit Act, 2001

City of Hamilton Act, 1999

Toronto Area Transit Operating Authority Act

Repeal, Amendments,
Commencement and Short Title

50.

51.

52.

53.

54.

55.

Repeal of GO Transit Act, 2001

Amendments to the Greater Toronto Transportation Authority Act, 2006

Amendment re Legislation Act, 2006

Amendment re Ontario Municipal Employees Retirement System Act, 2006

Commencement

Short title

___________

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

Definitions

Definitions

1.  (1)  In this Act,

“Corporation” means the Greater Toronto Transportation Authority established under section 2; (“Régie”)

“GO Transit”, except as part of the phrases “GO Transit service area” and “GO Transit system”, means the Greater Toronto Transit Authority that was continued under the GO Transit Act, 2001, as it read immediately before the day section 50 is proclaimed in force; (“Réseau GO”)

“GO Transit service area” means the area prescribed as the GO Transit service area; (“secteur desservi par le réseau de transport en commun GO”)

“GO Transit system” means the passenger transportation system, including commuter services and excluding local transit systems, that is operated principally within the GO Transit service area; (“réseau de transport en commun GO”)

“local transit system” means a passenger transportation system that is operated principally within an upper-tier, lower-tier or single-tier municipality and includes transportation services for persons with physical disabilities, but does not include transportation by special purpose vehicles such as school buses or ambulances; (“réseau local de transport en commun”)

“Minister” means the Minister of Transportation or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”)

“prescribed” means prescribed by regulation made under this Act; (“prescrit”)

“regional transportation area” means the area that includes the geographic areas of the City of Toronto, the City of Hamilton, The Regional Municipality of Durham, The Regional Municipality of Halton, The Regional Municipality of Peel and The Regional Municipality of York and any additional prescribed areas; (“secteur régional de transport”)

“security”, except in clauses 6 (1) (d) and 29 (1) (a), means security as defined in the Securities Act. (“valeur mobilière”)

Same

(2)  Before the repeal of the GO Transit Act, 2001 in section 50, a reference in this Act to the GO Transit system is a reference to the regional transit system under that Act.

Corporation

Corporation established

2.  (1)  A corporation without share capital is hereby established under the name Greater Toronto Transportation Authority in English and Régie des transports du grand Toronto in French.

Composition

(2)  The Corporation is composed of the members of its board of directors.

Crown agency

3.  (1)  The Corporation is a Crown agency within the meaning of the Crown Agency Act.

Same

(2)  Any subsidiary corporation of the Corporation is a Crown agency within the meaning of the Crown Agency Act.

Divisions

4.  The Corporation includes the following divisions:

1. Farecard Division.

2. Transportation Procurement Division.

Objects

5.  (1)  The objects of the Corporation are,

(a) to provide leadership in the co-ordination, planning, financing and development of an integrated, multi-modal transportation network that conforms with transportation polices of growth plans prepared and approved under the Places to Grow Act, 2005 applicable in the regional transportation area and complies with other provincial transportation policies and plans applicable in the regional transportation area; and

(b) to act as the central procurement agency for the procurement of local transit system vehicles, equipment, technologies and facilities and related supplies and services on behalf of Ontario municipalities.

Definition

(2)  In this section,

“multi-modal” means the availability, provision or use of more than one mode of transportation, such as automobiles, walking, cycling, buses, rapid transit, including subways and transitways, rail, including commuter and freight rail, and trucks.

Duties of Corporation re leadership in transportation integration

6.  (1)  In carrying out its objects as described in clause 5 (1) (a), the Corporation shall,

(a) create a transportation plan for the regional transportation area and plan, co-ordinate and set priorities for its implementation;

(b) fund, or arrange and manage the funding for, integrated transportation across the regional transportation area;

(c) promote and facilitate co-ordinated decision-making and investment among the municipalities in the regional transportation area in order to ensure the efficient and cost-effective resolution of matters of shared concern among the municipalities respecting transportation, including,

(i) the provision and the optimal use and location of transportation infrastructure, including highway and transit infrastructure,

(ii) the integration of transportation infrastructure, including highway and transit infrastructure, and

(iii) the integration of routes, fares and schedules of the GO Transit system and local transit systems in the regional transportation area;

(d) promote the safety and efficiency of transportation corridors and develop a comprehensive emergency and security plan for local transit systems in the regional transportation area;

(e) advise the Minister and the heads of the councils of the municipalities listed in clause 9 (2) (b) of the implications to the local transit systems in the regional transportation area presented by,

(i) the Minister’s transportation strategy for the province as it applies to the regional transportation area,

(ii) the transportation plan for the regional transportation area created by the Corporation,

(iii) the prescribed provincial plans and policies,

(iv) the official plans of the municipalities in the regional transportation area, and

(v) the major development proposals in the regional transportation area that may affect the optimal use and location of transportation infrastructure, including highway and transit infrastructure.

Requirements for transportation plan

(2)  The transportation plan required by clause (1) (a) must,

(a) take into consideration all modes of transportation, including highways, railways, local transit systems, the GO Transit system, cycling and walking;

(b) make use of intelligent transportation systems and other innovative technologies;

(c) comply with the Minister’s transportation plans, policies and strategies for the province as they apply to the regional transportation area;

(d) comply with the prescribed provincial plans and policies;

(e) be consistent with the official plans of the municipalities in the regional transportation area;

(f) promote the integration of local transit systems in the regional transportation area with each other and with the GO Transit system;

(g) work towards easing congestion and commute times in the regional transportation area;

(h) work towards reducing transportation-related emissions of smog precursors and greenhouse gases in the regional transportation area;

(i) promote transit-supportive development to increase transit ridership and must support the viability and optimization of transit infrastructure;

(j) include a rolling five-year capital plan for the regional transportation area;

(k) include an investment strategy for the rolling five-year capital plan; and

(l) address such other matters and include such other information as may be prescribed.

Public consultation

(3)  The Corporation shall, in the creation of the transportation plan required by clause (1) (a),

(a) ensure that notice is given informing the relevant provincial ministers of the Crown and provincial agencies, relevant federal ministers of the Crown and federal agencies, the public, municipalities and planning authorities having jurisdiction in the regional transportation area of the creation of the plan; 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, municipalities and 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.

Review of transportation plan

(4)  The Corporation shall, at least every 10 years after subsection (1) comes into force, complete a review of the transportation plan required by clause (1) (a) and make any necessary changes to the transportation plan to ensure that it complies with the prescribed provincial plans and policies in accordance with clause (2) (d).

Definition

(5)  In this section,

“highway” includes a common and public highway, street, road, avenue, parkway, driveway, square, place, bridge, viaduct, trestle or any other structure incidental thereto, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

Duties of Corporation re unified fare system

7.  (1)  In carrying out its objects as described in clause 5 (1) (a) with respect to the integration of transit systems, the Corporation, primarily through its Farecard Division, 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 GO Transit system, local transit systems in the regional transportation area and local transit systems of municipalities outside the regional transportation area that agree to participate.

Protection from liability for participants

(2)  No action or other proceeding for damages shall be brought against the Corporation or against any participant in the unified fare system or against any director, officer or employee of any of them as a result of any act or omission of another participant in the unified fare system, or of a director, officer or employee of another participant, by reason only of their participation in the unified fare system.

Duties of Corporation re procurement

8.  (1)  In carrying out its objects as described in clause 5 (1) (b), the Corporation, primarily through its Transportation Procurement Division, shall,

(a) co-ordinate, negotiate and manage the planning, design, development and acquisition, by purchase, lease or otherwise, of local transit system vehicles, equipment, technologies and facilities and related supplies and services on behalf of any municipality in Ontario;

(b) establish, in consultation with municipalities and other persons that operate local transit systems in Ontario and suppliers, specifications and common standards for local transit system vehicles, equipment, technologies and facilities and related supplies and services; and

(c) facilitate the financing for any of the activities described in clause (a) on behalf of the owners of local transit systems.

Same

(2)  The Corporation may perform its duty under clause (1) (a) by procuring local transit vehicles, equipment, technologies and facilities and related supplies and services on behalf of a municipality or by facilitating the procurement of such vehicles, equipment, technologies and facilities and related supplies and services by a municipality.

Participating municipalities

(3)  Despite any other Act, a municipality in Ontario may enter into an agreement with the Corporation for the Corporation to procure local transit system vehicles, equipment, technologies and facilities and related supplies and services on its behalf and, if it does so, it shall agree to pay the Corporation for local transit system vehicles, equipment, technologies and facilities and related supplies and services procured by the Corporation on its behalf.

Board of directors

9.  (1)  The business and affairs of the Corporation shall be managed by its board of directors.

Composition

(2)  The board shall be composed of,

(a) two persons appointed by the Lieutenant Governor in Council on the recommendation of the Minister; and

(b) the following persons appointed by the Lieutenant Governor in Council on the recommendation of the Minister:

(i) four persons recommended by the council of the City of Toronto,

(ii) one person recommended by the council of the City of Hamilton,

(iii) one person recommended by the council of The Regional Municipality of Durham,

(iv) one person recommended by the council of The Regional Municipality of Halton,

(v) one person recommended by the council of The Regional Municipality of Peel, and

(vi) one person recommended by the council of The Regional Municipality of York.

Term of office

(3)  The directors shall hold office at pleasure of the Lieutenant Governor in Council for a term determined by the Lieutenant Governor in Council and may be reappointed.

Same – first board

(4)  The term of office of the directors on the first board appointed after the coming into force of this section shall be staggered, as determined by the Lieutenant Governor in Council.

Quorum

(5)  A majority of the directors, which must include the chair or vice-chair, constitutes a quorum.

Resignation

(6)  If a director resigns from office before the expiration of his or her term, he or she continues as a director until the earlier of,

(a) the appointment of another director in his or her place for the remainder of the term; and

(b) the expiration of 90 days after the director submitted his or her resignation.

Remuneration and benefits

(7)  The Corporation shall pay remuneration and provide benefits as is determined by the Lieutenant Governor in Council to the directors who are not public servants, employees of municipalities or members of council of municipalities.

Vacancy – no council recommendation

(8)  If a council referred to in clause (2) (b) fails to recommend the number of persons it is required to recommend under that clause within 90 days after the day this section comes into force or within 90 days after a director previously recommended by that council ceases to be a director for any reason, the Lieutenant Governor in Council, on the recommendation of the Minister, may appoint any person to serve as director in the place of a person to be recommended by that council until the council makes the required recommendation and a person is appointed under clause (2) (b) for the remainder of the term.

Vacancy – validity of board

(9)  If a director ceases to be a director for any reason, no decision, act or proceeding of the board occurring within 90 days after the day on which the director ceased to be a member of the board is invalid merely because of there being in office less than the number of directors required by this section.

Chair, vice-chair

10.  (1)  The Minister shall designate the directors appointed under clause 9 (2) (a) as the chair and the vice-chair of the Corporation’s board of directors.

Acting chair

(2)  If the chair is absent or unable to act or if the office of chair is vacant, the vice-chair shall act as chair.

Meetings of board

11.  (1)  The Corporation’s board of directors shall meet at the call of the chair or of a majority of the directors and, in any event, at least four times a year.

Casting vote

(2)  The chair has a second or casting vote in the event of a tie.

Open to the public

(3)  Meetings of the board shall be open to the public only on the following occasions:

1. When the board is considering the adoption of a transportation plan for the regional transportation area.

2. When the board is considering the adoption of a rolling five-year capital plan for the regional transportation area.

3. When the board is considering the adoption of an investment strategy for the rolling five-year capital plan.

4. When the Corporation’s annual report is being presented to the board.

5. When the board is approving its annual budget.

6. On any other occasion as determined by the board.

Improper conduct

(4)  The chair may expel or exclude from any meeting any person, including a director, for improper conduct at the meeting.

By-laws, resolutions of board

12.  (1)  The Corporation’s board of directors may make by-laws and resolutions governing its proceedings and generally for the conduct and management of the business and affairs of the Corporation, including by-laws governing the holding of electronic meetings such that all persons participating in the electronic meeting may communicate with each other simultaneously and instantaneously.

By-laws, resolutions that need Minister’s approval

(2)  A by-law or resolution of a prescribed class is effective only when approved in writing by the Minister.

Formal requirements

(3)  Every by-law made by the board,

(a) shall have the Corporation’s seal affixed to it; and

(b) shall be signed by the chair and secretary who were present at the meeting at which the by-law was passed.

Saving

(4)  A by-law is not valid until the Corporation’s seal is affixed to it, but the seal may be affixed to a by-law at any time after it was made.

By-laws, resolutions are not regulations

(5)  The Regulations Act does not apply to by-laws or resolutions made by the Corporation.

Advisory committees

13.  (1)  The Corporation’s board of directors shall by by-law establish one or more advisory committees.

Composition

(2)  A by-law establishing an advisory committee shall provide for the committee’s composition and may require that the committee include persons who use or are otherwise affected by transportation in the regional transportation area, including students, seniors, persons with disabilities and representatives of labour organizations and industry.

Functions, etc.

(3)  A by-law establishing an advisory committee shall provide for the committee’s functions and for the committee members’ terms of appointment, remuneration and payment of expenses.

Chief executive officer

14.  (1)  The Corporation shall appoint a chief executive officer of the Corporation who shall be an employee of the Corporation.

Duties

(2)  The chief executive officer of the Corporation is responsible for the operation of the Corporation, subject to the supervision and direction of the Corporation’s board of directors.

First appointment

(3)  Despite subsection (1), the first chief executive officer of the Corporation may be appointed by the Lieutenant Governor in Council, on the recommendation of the Minister, for a term not exceeding three years.

Employees, officers

15.  (1)  The Corporation may hire such employees and appoint such officers as are considered necessary for the proper conduct of its business and affairs.

Other persons

(2)  The Corporation may engage persons other than those hired under subsection (1) to provide professional, technical or other assistance to or on behalf of the Corporation.

Agreements to provide services

(3)  Despite any other Act, the Corporation and any minister of the Crown or chair of a Crown agency may enter into agreements with each other providing that employees of the Crown or of the Crown agency will provide services to the Corporation.

Pensions

(4)  The Corporation may provide pensions for its permanent staff and full-time probationary staff and for that purpose the Corporation is deemed to be an employer under the Ontario Municipal Employees Retirement System Act.

Powers

Powers

16.  (1)  Except as limited by this Act, the Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects.

Same

(2)  Without limiting the generality of subsection (1), the Corporation has the power,

(a) to hold, manage, operate, fund and deliver any local transit system or other transportation service within the regional transportation area by agreement with the municipalities to be served by the system or service;

(b) to hold, manage, operate, fund and deliver any local transit system or other transportation service outside the regional transportation 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.

Limitation re subsidiaries

17.  The Corporation may establish subsidiary corporations in or outside Ontario subject to the approval of the Lieutenant Governor in Council.

Grants, loans and other financial assistance

18.  The Corporation may pass by-laws, in the prescribed circumstances and manner, authorizing payments of grants, loans and other financial assistance to any person, including the council of a band within the meaning of the Indian Act (Canada), a municipality or a public body, for a purpose consistent with the Corporation’s objects.

Agreements

19.  (1)  The Corporation or any of its subsidiary corporations may enter into agreements with other persons, including municipalities in Ontario, the Crown in right of Ontario and the Crown in right of Canada, for a purpose consistent with the Corporation’s objects.

Same

(2)  Where the Corporation enters into an agreement with a person in a jurisdiction outside of Ontario, it may, in respect of such agreement and with the approval of the Minister of Finance, waive any immunity outside of Ontario to which it may be entitled as a Crown agency and submit to the jurisdiction of a court outside of Ontario.

Municipal obligations re agreements

(3)  Despite any other Act, a municipality may enter into an agreement with the Corporation or a subsidiary of the Corporation and, if it does so, it shall agree to pay to the Corporation or the subsidiary corporation all or any portion of the operating or capital expenditures required to meet the terms of the agreement, including any lease arrangements.

Expropriation

20.  The Corporation may expropriate land for the purpose of carrying out its objects.

By-laws regulating use of GO Transit system

21.  (1)  The Corporation’s board of directors may pass by-laws with respect to the GO Transit system,

(a) prohibiting or regulating the use of any land owned, leased, used or occupied by the Corporation and prohibiting or regulating vehicular and pedestrian traffic on any such land;

(b) prescribing the fees or rentals payable for a permit, licence or right issued or granted with respect to any of the land owned, leased, used or occupied by the Corporation;

(c) governing the terms and conditions upon which tickets may be sold;

(d) governing the conduct of passengers and governing the refusal of passage to persons who do not comply with the by-laws or the terms and conditions upon which tickets are sold.

Offence

(2)  A by-law passed under subsection (1) may provide that any person who contravenes the by-law is guilty of an offence.

Motor vehicle owner and driver liable for penalties

(3)  A by-law passed under clause (1) (a) prohibiting or regulating vehicular traffic may provide that the owner of a motor vehicle may be charged with and convicted of a contravention of the by-law for which the driver of the vehicle is subject to be so charged unless, at the time of the contravention, the vehicle was in the possession of some person other than the owner without the owner’s consent, and, on conviction, the owner is liable to the penalty for the offence set out in the by-law.

Voluntary payment of penalties

(4)  A by-law passed under clause (1) (a) or (d) may provide a procedure for the voluntary payment of penalties out of court with respect to an alleged contravention of the by-law.

Appointment of officers

(5)  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), and any person so appointed is a constable for that purpose and for the purposes of section 33 of the Highway Traffic Act.

Certificate of appointment

(6)  A person appointed under subsection (5) shall, while carrying out his or her duties under the appointment, have in his or her possession a certificate of the appointment and shall produce the certificate upon request.

Municipal Act, 2001

(7)  Sections 434, 437 and 442 of the Municipal Act, 2001 apply with necessary modifications to by-laws passed under this section.

Financial Matters

Fiscal year

22.  The fiscal year of the Corporation is April 1 to March 31 of the following year.

Assets and revenue not part of Consolidated Revenue Fund

23.  Despite Part I of the Financial Administration Act, the assets and revenues of the Corporation or of any of the Corporation’s subsidiary corporations do not form part of the Consolidated Revenue Fund.

Budget and other financial information

24.  (1)  On or before August 31 in each year, or another date specified by the Minister, the Corporation shall submit its budget for the following fiscal year, or for any other period of time specified by the Minister, to the Minister for his or her approval.

Same

(2)  The budget shall be in the form and contain the information required by the Minister.

Additional information

(3)  The Corporation shall give the Minister additional financial information as the Minister may at any time request.

Annual financial statements

25.  The Corporation shall prepare financial statements annually for the previous fiscal year.

Audit

26.  (1)  The Corporation’s board of directors shall appoint one or more licensed public accountants to audit the accounts and transactions of the Corporation and of its subsidiary corporations for the previous fiscal year.

Auditor General

(2)  The Auditor General may also audit the accounts and transactions of the Corporation or of any of the Corporation’s subsidiary corporations for any fiscal year.

Minister-appointed auditor

(3)  The Minister may at any time appoint a licensed public accountant, other than the person appointed under subsection (1), to audit the accounts and transactions of the Corporation or of any of its subsidiary corporations for any period of time specified by the Minister.

Borrowing and investing

27.  (1)  The power of the Corporation and its subsidiary corporations to borrow, issue securities, make short-term investments of funds, manage risk associated with financing and investment or incur liabilities in order to facilitate financing by others may only be exercised under the authority of a by-law that has been approved in writing by the Minister of Finance.

Co-ordination of financing activities

(2)  All borrowing, financing, short-term investment of funds and financial risk management activities of the Corporation and its subsidiary corporations shall be co-ordinated and arranged by the Ontario Financing Authority, unless the Minister of Finance approves otherwise.

Agreement for transferring property

28.  (1)  Despite any other Act, but subject to section 11.1 of the Financial Administration Act, real or personal property owned, leased, used or occupied by the Crown in right of Ontario in connection with an activity carried out by the Corporation or any of its subsidiary corporations may be transferred to the Corporation or its subsidiary corporation, with or without consideration, upon the terms approved in writing by the Treasury Board of Cabinet.

Same

(2)  The Crown in right of Ontario may incur non-cash expenses within the meaning of the Financial Administration Act in connection with a transfer under subsection (1).

Asset sales

29.  (1)  The Corporation or any of its subsidiary corporations shall not sell or otherwise dispose of all or substantially all of its assets unless the sale or disposition is approved by the Lieutenant Governor in Council and is,

(a) for the purpose of providing security for money loaned to the Corporation;

(b) part of a financing transaction that entitles the Corporation or its subsidiary corporation, on fulfilling the terms and conditions of the transaction, to reacquire the assets sold or disposed of;

(c) for a purpose consistent with the Corporation’s objects; or

(d) for a prescribed purpose.

Exception

(2)  Subsection (1) does not apply to a sale or disposition to the Crown in right of Ontario or to a Crown agency.

Provincial funding of Corporation and subsidiaries

30.  (1)  The Lieutenant Governor in Council may raise by way of loan in the manner provided by the Financial Administration Act such sums as the Lieutenant Governor in Council considers necessary for the purposes of this Act.

Province may make loans

(2)  The Lieutenant Governor in Council may by order authorize the Minister of Finance to make loans to the Corporation or to any of its subsidiary corporations, including loans of the sums raised under subsection (1), on the terms and conditions that the Minister of Finance may determine.

Province may purchase securities

(3)  The Lieutenant Governor in Council may by order authorize the Minister of Finance to purchase securities of the Corporation’s subsidiary corporations at the times and on the terms and conditions that the Minister of Finance may determine.

Payment from Consolidated Revenue Fund

(4)  The Minister of Finance shall pay from the Consolidated Revenue Fund any amount required for the purpose of subsection (2) or (3).

Limits

(5)  The total of the amounts of loans made under subsection (2) and of securities purchased under subsection (3) shall not exceed the amount that may be specified by the Lieutenant Governor in Council as the maximum principal amount that may be advanced, purchased or outstanding at any time and shall be subject to any other terms and conditions that may be specified by the Lieutenant Governor in Council.

Accountability

Ministerial directives

31.  (1)  The Minister may issue directives in writing to the Corporation in respect of any matter under this Act.

Implementation

(2)  The Corporation’s board of directors shall ensure that the directives are implemented promptly and efficiently.

Directive not a regulation

(3)  A directive is not a regulation within the meaning of the Regulations Act.

Business plan

32.  (1)  On or before April 1 in each year, or another date specified by the Minister, the Corporation’s board of directors shall adopt a business plan for the fiscal year.

Investment strategy

(2)  The business plan shall include the rolling five-year capital plan and the investment strategy referred to in clauses 6 (2) (j) and (k).

Submission to Minister

(3)  On or before January 1 in each year, or another date specified by the Minister, the board shall submit a copy of the business plan to the Minister for approval.

Annual report

33.  (1)  On or before July 31 in each year, or another date specified by the Minister, the Corporation shall submit to the Minister and to the Minister of Finance a report on its business and affairs and the business and affairs of its subsidiary corporations for the previous fiscal year, signed by the chair of the Corporation’s board of directors.

Contents

(2)  The report shall be in the form required by the Minister and shall include the audited financial statements of the Corporation and its subsidiary corporations for the fiscal year and any other information that the Minister may require.

Tabling in the Assembly

(3)  The Minister shall table the report before the Assembly within 60 days after receiving it if it is in session or, if not, at the next session.

Other reports

(4)  Upon the request of the Minister at any time, the Corporation and its subsidiary corporations shall provide such information on any aspect of their business and affairs to the Minister as he or she may request.

Reports by third parties

(5)  The Minister may appoint one or more persons to review any of the activities or proposed activities of the Corporation or of any of its subsidiary corporations and to report on them to the Minister.

Corporation, subsidiary may declare it is not acting as a Crown agency

34.  (1)  The Corporation or any of its subsidiary corporations may, with the approval of the Minister, declare in writing in any contract, security or instrument that it is not acting as a Crown agency for the purpose of that contract, security or instrument.

Same

(2)  Despite section 3 and the Crown Agency Act, where the Corporation or any of its subsidiary corporations makes a declaration under subsection (1) in a contract, security or instrument, the Corporation or subsidiary corporation is deemed not to be acting as a Crown agency for the purposes of that contract, security or instrument and the Crown is not liable for any liabilities or obligations incurred by the Corporation or the subsidiary corporation under that contract, security or instrument.

No proceeding against the Crown

35.  (1)  No proceeding shall be commenced against the Crown as a result of any act or omission of the Corporation or any of its subsidiary corporations or of an officer, employee or director of the Corporation or any of its subsidiary corporations.

Exception

(2)  Subsection (1) does not apply to a proceeding to enforce against the Crown its obligations under a written contract to which it is a party.

Unpaid judgments against the Corporation

(3)  The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against the Corporation or any of its subsidiary corporations that remains unpaid after the Corporation or subsidiary corporation has made all reasonable efforts, including liquidating its assets, to pay the amount of the judgment.

Exception

(4)  Subsection (3) does not apply to any judgment in respect of a contract, security or instrument in which a declaration referred to in subsection 34 (1) is made.

Protection from personal liability

36.  (1)  No action or other proceeding for damages shall be brought against a director, officer or employee of the Corporation or of any of its subsidiary corporations as a result of any act done in good faith in the performance or intended performance of any duty under this Act, or in the exercise or intended exercise of any power under this Act, or as a result of any neglect or default in the performance or exercise in good faith of such duty or power.

Corporation not relieved of liability

(2)  Subsection (1) does not relieve the Corporation or a subsidiary corporation of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in that subsection.

Application of Other Acts

Business Corporations Act, Corporations Act, Corporations Information Act

37.  (1)  Except as provided in subsections (2) and (3), the Business Corporations Act, the Corporations Act and the Corporations Information Act do not apply to the Corporation or its subsidiary corporations.

Sections that apply

(2)  Sections 132 (disclosure: conflict of interest), 134 (standards of care, etc., of directors, etc.) and 136 (indemnification of directors) of the Business Corporations Act apply to the Corporation and its subsidiary corporations and to their directors and officers with necessary modifications.

Same

(3)  The Minister may prescribe other provisions of the Business Corporations Act and of the Corporations Act that apply to the Corporation and its subsidiary corporations with necessary modifications.

Crown Employees Collective Bargaining Act, 1993, Public Service Act

38.  The Corporation is an agency of the Crown to which the Crown Employees Collective Bargaining Act, 1993 applies and its employees are Crown employees for the purposes of that Act and the Public Service Act.

Environmental Assessment Act

39.  (1)  The Corporation is deemed to be a public body as defined in the Environmental Assessment Act for the purposes of that Act.

Same

(2)  The approval issued to the Minister under the Environmental Assessment Act pursuant to order in council number 1653/99 with respect to certain activities of the Ministry, including any extension, amendment or replacement of the approval, applies to the Corporation and its subsidiary corporations as if they were named in the approval.

Same

(3)  The approval issued to the Minister under the Environmental Assessment Act pursuant to order in council number 2316/95 with respect to certain activities of GO Transit that was in force immediately before the day section 43 is proclaimed in force, including any extension, amendment or replacement of the approval, applies to the Corporation and its subsidiary corporations as if they were named in the approval.

Public Vehicles Act

40.  Section 2 (operating licence required) of the Public Vehicles Act does not apply in respect of the GO Transit system or to any person providing transit services for the GO Transit system on the Corporation’s behalf.

Canada Transportation Act

41.  The Corporation is designated as a commuter rail authority under the Canada Transportation Act for the purposes of that Act.

Regulations

Regulations

42.  (1)  The Minister may make regulations,

(a) prescribing the area that comprises the GO Transit service area;

(b) prescribing additional areas to be included in the regional transportation area;

(c) prescribing additional divisions of the Corporation;

(d) prescribing provincial plans and policies for the purposes of subclause 6 (1) (e) (iii) and clause 6 (2) (d);

(e) prescribing other matters to be addressed and other information to be included in the Corporation’s transportation plan for the regional transportation area;

(f) prescribing classes of by-laws and resolutions that require the approval of the Minister;

(g) prescribing additional powers of the Corporation and additional limitations to the Corporation’s powers;

(h) prescribing the circumstances and manner for passing a by-law under section 18;

(i) prescribing purposes for the purpose of clause 29 (1) (d);

(j) prescribing additional matters to be addressed and other information to be included in the Corporation’s business plan;

(k) prescribing provisions of the Business Corporations Act and the Corporations Act that apply to the Corporation and its subsidiary corporations and prescribing any modifications, if necessary;

(l) respecting any matter that the Minister considers necessary or advisable to carry out effectively the intent and purpose of this Act.

Same

(2)  The Lieutenant Governor in Council may make regulations,

(a) prescribing additional objects and duties of the Corporation;

(b) authorizing the Corporation to establish and impose fees and charges and to utilize other mechanisms for revenue generation,

(i) for doing anything the Corporation is required or permitted to do under this or any other Act, subject to any limitations and restrictions set out in the regulation, or

(ii) to generate funding for any purpose that is consistent with the Corporation’s objects;

(c) constituting corporations with share capital as subsidiary corporations of the Corporation with such powers and duties as are considered conducive to the attainment of the objects of the Corporation and providing for their constitution and management.

Dissolution of GO Transit

Dissolution of GO Transit

43.  (1)  GO Transit is hereby dissolved.

Members terminated

(2)  The terms of office of the members of GO Transit who are in office immediately before its dissolution are terminated on the day of the dissolution.

Final annual report

(3)  Despite the dissolution of GO Transit, the chair and chief executive officer of GO Transit who held office immediately before the dissolution shall prepare and deliver the annual report for the last fiscal year of GO Transit before its dissolution, as required by section 24 of the GO Transit Act, 2001, as it read immediately before the dissolution.

Same

(4)  For the purpose of subsection (3), if GO Transit is dissolved in any year on a date other than March 31, its last fiscal year is deemed to be from the preceding April 1 to the date of its dissolution.

Other filings

(5)  The chair and chief executive officer of GO Transit who held office immediately before the dissolution shall make any other filings or reports that would have been required of GO Transit under the GO Transit Act, 2001, as it read immediately before the dissolution.

By-laws continued

(6)  The by-laws of GO Transit that were made or deemed to be made under the GO Transit Act, 2001 and that are in force immediately before the dissolution of GO Transit are deemed to be by-laws made by the Corporation under this Act and shall remain in force until they are amended or repealed by by-law of the Corporation under this Act or by a regulation made by the Minister.

Continued immunity

(7)  No action or other proceeding for damages shall be brought against a former member, officer or employee of the Greater Toronto Services Board or GO Transit as a result of any act done in good faith in the performance or intended performance of any duty under the Greater Toronto Services Board Act, 1998 or the GO Transit Act, 2001, or in the exercise or intended exercise of any power under either Act, or as a result of any neglect or default in the performance or exercise in good faith of such duty or power.

Regulations

(8)  The Minister may make regulations for the purposes of subsection (6), and such regulation prevails over a by-law or resolution made or deemed to be made by the Corporation under this Act.

Corporation assumes GO Transit’s rights, obligations, etc.

44.  (1)  All assets, liabilities, rights and obligations of GO Transit, including contractual rights, interests, approvals, registrations and entitlements, that exist immediately before the dissolution of GO Transit continue as the assets, liabilities, rights and obligations of the Corporation, and are hereby transferred to the Corporation, without compensation.

Application of s. 69 of Labour Relations Act, 1995

(2)  The transfer under subsection (1) is deemed to be a sale of a business under section 69 of the Labour Relations Act, 1995 and section 69 of the Labour Relations Act, 1995 applies to the transfer despite section 10 of the Crown Employees Collective Bargaining Act, 1993.

No change of control

(3)  The dissolution of GO Transit and transfer of its assets, liabilities, rights and obligations to the Corporation shall not constitute a change of control of GO Transit in respect of any asset, liability, right or obligation of GO Transit referred to in subsection (1).

No breach, etc.

(4)  The transfer under subsection (1),

(a) is deemed not to constitute a breach, termination, repudiation or frustration of any contract, including a contract of employment or insurance;

(b) is deemed not to constitute a breach of any Act, regulation or municipal by-law;

(c) is deemed not to constitute an event of default or force majeure;

(d) is deemed not to give rise to a breach, termination, repudiation or frustration of any licence, permit or other right;

(e) is deemed not to give rise to any right to terminate or repudiate a contract, licence, permit or other right; and

(f) is deemed not to give rise to any estoppel.

No new cause of action

(5)  The transfer under subsection (1) does not create any new cause of action in favour of,

(a) a holder of a debt instrument that was issued by GO Transit and guaranteed by the Province of Ontario before the transfer; or

(b) a party to a contract with GO Transit that was entered into before the transfer.

Transfer binding

(6)  Despite any other Act that requires notice or registration of a transfer described in subsection (1), the transfer under subsection (1) is binding on the Corporation and all other persons.

Non-application of other Acts

(7)  The Bulk Sales Act, the Land Transfer Tax Act and the Retail Sales Tax Act do not apply to the transfer under subsection (1).

Regulations

(8)  The Lieutenant Governor in Council may make regulations,

(a) prescribing contracts to which subsections (4) and (5) do not apply;

(b) prescribing Acts, in addition to those listed in subsection (7), that do not apply to the transfer under subsection (1).

Employees continued

45.  (1)  The employees of GO Transit immediately before the dissolution of GO Transit are employees of the Corporation as of the dissolution.

Same

(2)  For all purposes, including the purposes of an employment contract, a collective agreement and the Employment Standards Act, 2000, the employment of the employees of GO Transit is not terminated and those employees are not constructively dismissed because of the transfer under subsection (1).

Same

(3)  For all purposes, the employment of the employees described in subsection (1) immediately before and after the dissolution of GO Transit is continuous.

Same

(4)  The terms and conditions of employment for each of the employees described in subsection (1) immediately before the dissolution of GO Transit continue to be the terms and conditions of their employment with the Corporation as of the dissolution.

Review of Act

Review of Act

46.  The Minister shall initiate a review of this Act three years after the day section 2 comes into force 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.

Consequential Amendments

GO Transit Act, 2001

47.  (1)  Clause 4 (1) (c) of the GO Transit Act, 2001 is repealed and the following substituted:

(c) to co-operate with the Greater Toronto Transportation Authority to facilitate the integration of the operation or design of the regional transit system operated by GO Transit with any local transit systems in the regional transportation area as defined under the Greater Toronto Transportation Authority Act, 2006, including facilitating the integration of routes, fares and schedules.

(2)  Clause 35 (1.1) (b) of the Act is repealed and the following substituted:

(b) a prescribed date.

(3)  Subsection 35 (2) of the Act is repealed and the following substituted:

Regulations

(2)  The Lieutenant Governor in Council may, by regulation,

(a) prescribe a date for the purpose of clause (1.1) (b);

(b) prescribe a date after which no amount is payable in respect of GO Transit under a development charge by-law, and may prescribe different dates for different municipalities.

City of Hamilton Act, 1999

48.  Paragraph 6 of subsection 11.12 (2) of the City of Hamilton Act, 1999 is repealed and the following substituted:

6. The GO Transit system as defined in section 1 of the Greater Toronto Transportation Authority Act, 2006.

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)  The Greater Toronto Transportation Authority shall transfer to the Authority good title in a unit of railway rolling stock that vested in the Greater Toronto Transportation Authority under subsection 44 (1) of the Greater Toronto Transportation Authority 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 the Greater Toronto Transportation Authority is required to transfer title in a unit of railway rolling stock, it shall do so without compensation.

Repeal, Amendments, Commencement and Short Title

Repeal of GO Transit Act, 2001

50.  The GO Transit Act, 2001 is repealed.

Amendments to the Greater Toronto Transportation Authority Act, 2006

51.  (1)  On the day section 50 is proclaimed in force, the definition of “GO Transit” in section 1 of this Act is repealed and the following substituted:

“GO Transit”, except as part of the phrases “GO Transit Division” “GO Transit service area” and “GO Transit system”, means the Greater Toronto Transit Authority that was continued under the GO Transit Act, 2001, as it read immediately before the day section 50 is proclaimed in force; (“Réseau GO”)

(2)  On the day section 50 is proclaimed in force, section 4 of this Act is amended by adding the following paragraph:

3. GO Transit Division.

(3)  On the day section 50 is proclaimed in force, subsection 5 (1) of this 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 GO Transit system and the provision of other transit services.

(4)  On the day section 50 is proclaimed in force, this Act is amended by adding the following section:

Duties of Corporation re GO Transit system and other transit services

8.1  (1)  In carrying out its objects as described in clause 5 (1) (c), the Corporation, primarily through its GO Transit Division, shall,

(a) maintain and operate the GO Transit system;

(b) design and construct any alterations and extensions to the GO Transit system;

(c) subject to the approval of the Minister, operate local transit systems within municipalities under agreements with those municipalities within and outside the regional transportation area;

(d) subject to the approval of the Minister, provide transit services to municipalities outside the GO Transit service area under agreements with those municipalities;

(e) 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;

(f) establish, construct, manage and operate parking lots within or outside the GO Transit service area in connection with the GO Transit system; and

(g) conduct studies in respect of,

(i) the design, construction, maintenance and operation of the GO Transit system and any alterations and extensions to it,

(ii) the fare structure and service schedules of the GO Transit system, and

(iii) the operational integration of the GO Transit system with local transit systems within and outside the GO Transit service area.

By-laws re GO Transit system

(2)  The board of directors of the Corporation shall pass by-laws to,

(a) establish the approximate location, routes and frequencies of the transit services provided by the GO Transit system;

(b) establish the fares charged for the transit services provided by the GO Transit System; and

(c) establish the fees charged for parking on parking lots operated in connection with the GO Transit system.

Notice of changes to GO Transit system

(3)  The Corporation shall give written notice to the Minister before it passes a by-law under subsection (2) 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.

Continuing duty to lease rolling stock

(4)  The Corporation shall lease, by one or more agreements with the Toronto Area Transit Operating Authority, the railway rolling stock that is subject to the six conditional sale agreements described in subsection 9 (3) of the GO Transit Act, 2001, as it read immediately before the day section 50 of this Act is proclaimed in force, in accordance with the terms of those conditional sale agreements.

Maintenance, etc., of rolling stock

(5)  The agreements required by subsection (4) must require the Corporation to maintain, modify and insure the railway rolling stock in accordance with the requirements of Articles 7, 8 and 11 of the applicable conditional sale agreement.

Use of names, Greater Toronto Transit Authority and GO Transit

(6)  Any usage of the name Greater Toronto Transit Authority or GO Transit on any document or sign is deemed to be a reference to the Greater Toronto Transportation Authority and a document or sign is not invalid or ineffective by reason only that it uses such name.

(5)  On the day section 50 is proclaimed in force, subsection 11 (3) of this Act is amended by adding the following paragraph:

5.1 When the board is considering a by-law to change the fares charged for a transit service provided by the GO Transit system.

(6)  On the day section 50 is proclaimed in force, clauses 16 (2) (a) and (b) of this Act are repealed and the following substituted:

(a) to hold, manage, operate, fund and deliver, within the regional transportation area, the GO Transit system, any local transit system or any other transportation service;

(b) to hold, manage, operate, fund and deliver, outside the regional transportation area, the GO Transit system, any local transit system or any other transportation service by agreement with the municipalities to be served by the system or service;

Amendment re Legislation Act, 2006

52.  (1)  This section applies only if Bill 14 (An Act to promote access to justice by amending or repealing various Acts and by enacting the Legislation Act, 2006), introduced on October 27, 2005, receives Royal Assent.

(2)  References in this section to a provision of Bill 14 are references to that provision as it was numbered in the first reading version of the Bill.

(3)  On the later of the day subsection 12 (5) of this Act comes into force and the day section 130 of Schedule F to Bill 14 comes into force, subsection 12 (5) of this Act is amended by striking out “The Regulations Act” and substituting “Part III (Regulations) of the Legislation Act, 2006”.

(4)  On the later of the day subsection 31 (3) of this Act comes into force and the day section 130 of Schedule F to Bill 14 comes into force, subsection 31 (3) of this Act is amended by striking out “the Regulations Act” and substituting “Part III (Regulations) of the Legislation Act, 2006”.

Amendment re Ontario Municipal Employees Retirement System Act, 2006

53.  On the later of the day subsection 15 (4) of this Act comes into force and the day section 53 of the Ontario Municipal Employees Retirement System Act, 2006 comes into force, subsection 15 (4) of this Act is amended by striking out Ontario Municipal Employees Retirement System Act” and substituting “Ontario Municipal Employees Retirement System Act, 2006”.

Commencement

54.  (1)  Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2)  Sections 1 to 51 come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

55.  The short title of this Act is the Greater Toronto Transportation Authority Act, 2006.

Français

Explanatory Note

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