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Metrolinx Act, 2006

S.O. 2006, CHAPTER 16

Consolidation Period: From June 30, 2011 to the e-Laws currency date.

Last amendment: 2011, c. 9, Sched. 27, s. 31.

SKIP TABLE OF CONTENTS

CONTENTS

Definitions

1.

Definitions

Corporation

2.

Corporation continued

3.

Crown agency

5.

Objects

6.

Duties of Corporation re leadership in transportation integration

7.

Duties of Corporation re unified fare system

8.

Duties of Corporation re procurement

8.1

Duties of Corporation re regional transit system and other transit services

9.

Board of directors

10.

Chair, vice-chair

11.

Meetings of board

12.

By-laws, resolutions of board

13.

Advisory committees

14.

Chief executive officer

15.

Employees, officers

Powers

16.

Powers

17.

Limitation re subsidiaries

18.

Grants, loans and other financial assistance

19.

Agreements

20.

Expropriation

21.

By-laws regulating use of regional transit system, local transit systems

21.1

Administrative fees for contravention of parking and fare by-laws

Financial Matters

22.

Fiscal year

23.

Assets and revenue not part of Consolidated Revenue Fund

23.1

Rolling five-year capital plan

24.

Budget and other financial information

25.

Annual financial statements

26.

Audit

27.

Borrowing and investing

28.

Agreement for transferring property

29.

Asset sales

30.

Provincial funding of Corporation and subsidiaries

30.1

Transitional matters respecting GO Transit and development charges

Accountability

31.

Ministerial directives

31.1

Minister’s transportation planning policy statements

32.

Business plan

32.1

Investment strategy

33.

Annual report

34.

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

35.

No proceeding against the Crown

36.

Protection from personal liability

Application of Other Acts

37.

Business Corporations Act, Corporations Act, Corporations Information Act

38.

Crown Employees Collective Bargaining Act, 1993

39.

Environmental Assessment Act

39.1

Ministry of Infrastructure Act, 2011

39.2

Municipal Act, 2001

40.

Public Vehicles Act

41.

Canada Transportation Act

Regulations

42.

Regulations

Dissolution of GO Transit

43.

Dissolution of GO Transit

44.

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

45.

Employees continued

Review of Act

46.

Review of Act

Definitions

Definitions

1.  (1)  In this Act,

“Corporation” means the corporation continued under section 2 under the name Metrolinx; (“Régie”)

“First Nations” means the council of a band within the meaning of the Indian Act (Canada); (“Premières Nations”)

“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 comes into 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 and does not include a prescribed passenger transportation system; (“réseau local de transport en commun”)

“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”)

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

“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”)

“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 8.1 (1) (i) and 29 (1) (a), means security as defined in the Securities Act; (“valeur mobilière”)

“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”) 2006, c. 16, s. 1 (1); 2009, c. 14, s. 2.

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. 2006, c. 16, s. 1 (2).

Corporation

Corporation continued

2.  (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. 2009, c. 14, s. 3.

Composition

(2)  The Corporation is composed of the members of its board of directors. 2006, c. 16, s. 2 (2).

Crown agency

3.  (1)  The Corporation is a Crown agency within the meaning of the Crown Agency Act. 2006, c. 16, s. 3 (1).

Same

(2)  Any subsidiary corporation of the Corporation is a Crown agency within the meaning of the Crown Agency Act. 2006, c. 16, s. 3 (2).

4.  Repealed: 2009, c. 14, s. 4.

Objects

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

(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;

(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; and

(c) to be responsible for the operation of the regional transit system and the provision of other transit services. 2006, c. 16, s. 5 (1); 2009, c. 14, s. 5.

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. 2006, c. 16, s. 5 (2).

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) develop and adopt 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 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,

(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 regional transit system and of local transit systems in the regional transportation area; and

(d) promote the safety, efficiency and protection of transportation corridors.

(e) Repealed: 2009, c. 14, s. 6 (4).

2006, c. 16, s. 6 (1); 2009, c. 14, s. 6 (1-4).

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 regional 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) conform with the growth plans prepared and approved under the Places to Grow Act, 2005 applicable in the regional transportation area;

(f) promote the integration of local transit systems in the regional transportation area with each other and with the regional 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 to support the viability and optimization of transit infrastructure; and

(j) Repealed: 2009, c. 14, s. 6 (8).

(k) Repealed: 2009, c. 14, s. 6 (8).

(l) address such other matters and include such other information as may be prescribed. 2006, c. 16, s. 6 (2); 2009, c 14, s. 6 (5-8).

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. 2009, c. 14, s. 6 (9).

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). 2006, c. 16, s. 6 (4).

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. 2009, c. 14, s. 6 (10).

Corporation guided by transportation plan

(4.2)  The Corporation shall be guided in all its decisions and actions by the transportation plan. 2009, c. 14, s. 6 (10).

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. 2009, c. 14, s. 6 (10).

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. 2006, c. 16, s. 6 (5).

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 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. 2009, c. 14, s. 7.

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. 2006, c. 16, s. 7 (2).

Duties of Corporation re procurement

8.  (1)  In carrying out its objects as described in clause 5 (1) (b), the Corporation 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. 2006, c. 16, s. 8 (1); 2009, c. 14, s. 8.

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. 2006, c. 16, s. 8 (2).

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. 2006, c. 16, s. 8 (3).

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. 2009, c. 14, s. 9.

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. 2009, c. 14, s. 9.

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. 2009, c. 14, s. 9.

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. 2009, c. 14, s. 9.

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. 2009, c. 14, s. 9.

Board of directors

9.  (1)  The business and affairs of the Corporation shall be managed by its board of directors. 2006, c. 16, s. 9 (1).

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. 2009, c. 14, s. 10 (1).

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. 2009, c. 14, s. 10 (1).

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. 2009, c. 14, s. 10 (1).

Quorum

(5)  A majority of the directors, which must include the chair or vice-chair, constitutes a quorum. 2006, c. 16, s. 9 (5).

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. 2006, c. 16, s. 9 (6).

Remuneration and expenses

(7)  The Corporation shall pay remuneration and expenses to the directors as is determined by the Lieutenant Governor in Council. 2009, c. 14, s. 10 (2).

(8), (9)  Repealed: 2006, c. 16, s. 9 (11).

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. 2009, c. 14, s. 10 (2).

(11)  Repealed: 2009, c. 16, s. 9 (11).

Chair, vice-chair

10.  (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. 2009, c. 14, s. 11.

(1.1)-(1.3)  Repealed: 2006, c. 16, s. 10 (1.3).

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. 2006, c. 16, s. 10 (2).

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. 2006, c. 16, s. 11 (1).

Voting rights

(1.1)  Subject to subsection (2), each director, including the chair of the board of directors, has one vote. 2009, c. 14, s. 12 (1).

Casting vote

(2)  The chair has a second or casting vote in the event of a tie. 2006, c. 16, s. 11 (2).

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. 2009, c. 14, s. 12 (2).

Improper conduct

(4)  The chair may expel or exclude from any meeting any person, including a director, for improper conduct at the meeting. 2006, c. 16, s. 11 (4).

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. 2006, c. 16, s. 12 (1).

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. 2006, c. 16, s. 12 (2).

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. 2006, c. 16, s. 12 (3).

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. 2006, c. 16, s. 12 (4).

By-laws, resolutions are not regulations

(5)  Part III (Regulations) of the Legislation Act, 2006 does not apply to by-laws or resolutions made by the Corporation. 2006, c. 16, ss. 12 (5), 52 (3).

Advisory committees

13.  (1)  The Corporation’s board of directors shall by by-law establish one or more advisory committees. 2006, c. 16, s. 13 (1).

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. 2006, c. 16, s. 13 (2).

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. 2006, c. 16, s. 13 (3).

Chief executive officer

14.  (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. 2009, c. 14, s. 13 (1).

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. 2006, c. 16, s. 14 (2).

(3), (4)  Repealed: 2006, c. 16, s. 14 (6).

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. 2009, c. 14, s. 13 (2).

(6)  Repealed: 2006, c. 16, s. 14 (6).

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. 2006, c. 16, s. 15 (1).

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. 2006, c. 16, s. 15 (2).

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. 2006, c. 16, s. 15 (3).

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, 2006. 2006, c. 16, s. 15 (4); 2006, c. 16, s. 53.

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. 2006, c. 16, s. 16 (1).

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. 2009, c. 14, s. 14 (1).

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. 2009, c. 14, s. 14 (2).

Limitation re subsidiaries

17.  (1)  Subject to subsections (2) and (3), the Corporation may establish and dissolve subsidiary corporations within or outside Ontario. 2009, c. 14, s. 15.

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. 2009, c. 14, s. 15.

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. 2009, c. 14, s. 15.

Grants, loans and other financial assistance

18.  (1)  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. 2006, c. 16, s. 18.

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. 2009, c. 14, s. 16.

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. 2006, c. 16, s. 19 (1).

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. 2006, c. 16, s. 19 (2).

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. 2006, c. 16, s. 19 (3).

Expropriation

20.  The Corporation may expropriate land for the purpose of carrying out its objects. 2006, c. 16, s. 20.

By-laws regulating use of regional transit system, local transit systems

21.  (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),

(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;

(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. 2006, c. 16, s. 21 (1); 2009, c. 14, s. 17 (1, 2).

Offence

(2)  A by-law passed under subsection (1) may provide that any person who contravenes the by-law is guilty of an offence. 2006, c. 16, s. 21 (2).

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. 2006, c. 16, s. 21 (3).

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. 2006, c. 16, s. 21 (4).

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). 2009, c. 14, s. 17 (3).

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). 2009, c. 14, s. 17 (3).

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. 2009, c. 14, s. 17 (3).

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. 2006, c. 16, s. 21 (6).

Municipal Act, 2001

(7)  Sections 433 and 441 of the Municipal Act, 2001 apply with necessary modifications to by-laws passed under this section. 2009, c. 14, s. 17 (4).

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. 2009, c. 14, s. 18.

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. 2009, c. 14, s. 18.

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. 2009, c. 14, s. 18.

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). 2009, c. 14, s. 18.

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. 2009, c. 14, s. 18.

Financial Matters

Fiscal year

22.  The fiscal year of the Corporation is April 1 to March 31 of the following year. 2006, c. 16, s. 22.

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. 2006, c. 16, s. 23.

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. 2009, c. 14, s. 19.

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. 2006, c. 16, s. 24 (1).

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. 2009, c. 14, s. 20.

Additional information

(3)  The Corporation shall give the Minister additional financial information as the Minister may at any time request. 2006, c. 16, s. 24 (3).

Annual financial statements

25.  The Corporation shall prepare financial statements annually for the previous fiscal year. 2006, c. 16, s. 25.

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. 2006, c. 16, s. 26 (1).

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. 2006, c. 16, s. 26 (2).

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. 2006, c. 16, s. 26 (3).

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. 2006, c. 16, s. 27 (1).

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. 2006, c. 16, s. 27 (2).

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 Treasury Board. 2006, c. 16, s. 28 (1); 2009, c. 34, Sched. J, s. 31.

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). 2006, c. 16, s. 28 (2); 2009, c. 33, Sched. 26, s. 4.

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. 2006, c. 16, s. 29 (1).

Exception

(2)  Subsection (1) does not apply to a sale or disposition to the Crown in right of Ontario or to a Crown agency. 2006, c. 16, s. 29 (2).

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. 2006, c. 16, s. 30 (1).

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. 2006, c. 16, s. 30 (2).

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. 2006, c. 16, s. 30 (3).

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). 2006, c. 16, s. 30 (4).

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. 2006, c. 16, s. 30 (5).

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. 2009, c. 14, s. 21.

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. 2009, c. 14, s. 21.

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. 2009, c. 14, s. 21.

Accountability

Ministerial directives

31.  (1)  The Minister may issue directives in writing to the Corporation in respect of any matter under this Act. 2006, c. 16, s. 31 (1).

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. 2009, c. 14, s. 22.

Implementation

(2)  The Corporation’s board of directors shall ensure that the directives are implemented promptly and efficiently. 2006, c. 16, s. 31 (2).

Directive not a regulation

(3)  A directive is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2006, c. 16, ss. 31 (3), 52 (4).

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

Guidelines re relationship to growth plans

(14)  The Minister, in conjunction with the Minister of 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. 2009, c. 14, s. 23; 2011, c. 9, Sched. 27, s. 31 (1).

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2009, c. 14, s. 23.

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. 2006, c. 16, s. 32 (1).

Rolling five-year capital plan

(2)  The business plan shall include the rolling five-year capital plan prepared under section 23.1. 2009, c. 14, s. 24.

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. 2006, c. 16, s. 32 (3).

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. 2009, c. 14, s. 25.

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. 2006, c. 16, s. 33 (1).

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. 2006, c. 16, s. 33 (2).

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. 2006, c. 16, s. 33 (3).

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. 2009, c. 14, s. 26.

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. 2006, c. 16, s. 33 (5).

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. 2006, c. 16, s. 34 (1).

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. 2006, c. 16, s. 34 (2).

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. 2006, c. 16, s. 35 (1).

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. 2006, c. 16, s. 35 (2).

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. 2006, c. 16, s. 35 (3).

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. 2006, c. 16, s. 35 (4).

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. 2006, c. 16, s. 36 (1).

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. 2006, c. 16, s. 36 (2).

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. 2006, c. 16, s. 37 (1).

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. 2006, c. 16, s. 37 (2).

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. 2009, c. 14, s. 27.

Crown Employees Collective Bargaining Act, 1993

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. 2006, c. 16, s. 38; 2006, c. 35, Sched. C, s. 50 (2).

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. 2006, c. 16, s. 39 (1).

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. 2006, c. 16, s. 39 (2).

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 comes into 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. 2006, c. 16, s. 39 (3); 2009, c. 14, s. 28.

Ministry of Infrastructure Act, 2011

39.1  (1)  A transportation infrastructure project is deemed to be a public work under the Ministry of Infrastructure Act, 2011 and, despite section 11 (Public works vested in Crown) 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. 2011, c. 9, Sched. 27, s. 31 (2).

Same

(2)  Section 8 (Procurement policies, public works) of the Ministry of Infrastructure Act, 2011 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. 2011, c. 9, Sched. 27, s. 31 (2).

Municipal Act, 2001

39.2  (1)  Sections 249 and 273 of the Municipal Act, 2001 apply to the Corporation with necessary modifications. 2009, c. 14, s. 29.

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. 2009, c. 14, s. 29.

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. 2009, c. 14, s. 30.

Canada Transportation Act

41.  The Corporation is designated as a commuter rail authority under the Canada Transportation Act for the purposes of that Act. 2006, c. 16, s. 41.

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 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;

(d) prescribing provincial plans and policies for the purposes of 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;

(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);

(l) respecting any matter that the Minister considers necessary or advisable to carry out effectively the intent and purpose of this Act. 2006, c. 16, s. 42 (1); 2009, c. 14, s. 31 (1-3).

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) 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. 2006, c. 16, s. 42 (2); 2009, c. 14, s. 31 (4).

Dissolution of GO Transit

Dissolution of GO Transit

43.  (1)  GO Transit is hereby dissolved. 2006, c. 16, s. 43 (1).

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. 2006, c. 16, s. 43 (2).

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. 2006, c. 16, s. 43 (3).

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. 2006, c. 16, s. 43 (4).

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. 2006, c. 16, s. 43 (5).

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. 2006, c. 16, s. 43 (6).

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. 2006, c. 16, s. 43 (7).

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. 2006, c. 16, s. 43 (8).

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. 2006, c. 16, s. 44 (1).

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. 2006, c. 16, s. 44 (2); 2006, c. 35, Sched. D, s. 19.

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). 2006, c. 16, s. 44 (3).

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. 2006, c. 16, s. 44 (4).

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. 2006, c. 16, s. 44 (5).

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. 2006, c. 16, s. 44 (6).

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). 2006, c. 16, s. 44 (7).

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). 2006, c. 16, s. 44 (8).

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. 2006, c. 16, s. 45 (1).

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). 2006, c. 16, s. 45 (2).

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. 2006, c. 16, s. 45 (3).

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. 2006, c. 16, s. 45 (4).

Review of Act

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. 2009, c. 14, s. 32.

47., 48.  Omitted (amends, repeals or revokes other legislation). 2006, c. 16, ss. 47, 48.

49.  Omitted (amends, repeals or revokes other legislation). 2009, c. 14, s. 33.

50.  Omitted (amends, repeals or revokes other legislation). 2006, c. 16, s. 50.

51.  Repealed: 2009, c. 14, s. 34.

52., 53.  Omitted (provides for amendments of provisions of this Act). 2006, c. 16, ss. 52, 53.

54.  Omitted (provides for coming into force of provisions of this Act). 2009, c. 14, s. 35.

55.  Omitted (enacts short title of this Act). 2009, c. 14, s. 1.

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