Act
Bill 212 - Reducing Gridlock, Saving You Time Act, 2024 - Building Highways Faster Act, 2024
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Bill 212 Reducing Gridlock, Saving You Time Act, 2024
Summary of Decision:
The Province of Ontario decided on the third reading of Bill 212, Reducing Gridlock, Saving You Time Act, 2024 on November 25, 2024, to proceed with enacting the Building Highways Faster Act, 2024 (BHFA). The BHFA will allow for expedited construction timelines for priority highway projects like Highway 413, the Bradford Bypass and the Garden City Skyway.
The Building Highways Faster Act, 2024 will:
• Identify Highway 413, the Bradford Bypass and the Garden City Skyway Bridge Twinning project as priority highway projects. The legislation also authorizes the Lieutenant Governor in Council to add additional priority highway projects through regulation.
• For the purposes of 24/7 construction activities, the Act makes most municipal by-laws inoperative to the extent that the by-law prevents or restricts the delivery of goods or services to a designated priority highway project. Certain exceptions imposed by by-laws will continue to apply, including weight restrictions on bridges, speed limits, and closures of municipal roads for maintenance, construction, and special events. These provisions apply only where the Minister designates a priority highway project or part of such a project in a regulation.
• Authorize the Minister to issue notices for utility relocations on priority highway projects and consider any submissions from a utility company related to such a notice, including any technical or other difficulties with completing the relocation. The amendments also provide authority for the Minister to cause work to be done if the utility company fails to undertake the relocation.
• Give the Minister authority to compel owners and operators of other infrastructure to provide MTO with information concerning infrastructure, where such infrastructure may be affected by a priority highway project.
• Where MTO has expropriated property for a priority highway project, a property owner cannot apply to a judge for a later date of possession under 39(3) of the Expropriations Act. This would help to ensure that the construction schedule for designated projects is not impacted. MTO will continue to work with property owners to determine appropriate expropriation and possession timelines.
• Will create offences for individuals and corporations that obstruct MTO officials from accessing property to carry out field studies or from taking possession of property that MTO has the right to possess for a priority highway project, and from tampering with equipment left on a property as part of a site inspection for a priority highway project. Penalties for these offences will be fines.
• Allow MTO to seek an order from a Justice of the Peace to access property to undertake a site inspection or take possession of land.
All comments received through the Regulatory Registry posting were given full consideration by the Ministry. No changes were made to the proposal as a result of public consultation.
The Building Highways Faster Act, 2024 will:
• Identify Highway 413, the Bradford Bypass and the Garden City Skyway Bridge Twinning project as priority highway projects. The legislation also authorizes the Lieutenant Governor in Council to add additional priority highway projects through regulation.
• For the purposes of 24/7 construction activities, the Act makes most municipal by-laws inoperative to the extent that the by-law prevents or restricts the delivery of goods or services to a designated priority highway project. Certain exceptions imposed by by-laws will continue to apply, including weight restrictions on bridges, speed limits, and closures of municipal roads for maintenance, construction, and special events. These provisions apply only where the Minister designates a priority highway project or part of such a project in a regulation.
• Authorize the Minister to issue notices for utility relocations on priority highway projects and consider any submissions from a utility company related to such a notice, including any technical or other difficulties with completing the relocation. The amendments also provide authority for the Minister to cause work to be done if the utility company fails to undertake the relocation.
• Give the Minister authority to compel owners and operators of other infrastructure to provide MTO with information concerning infrastructure, where such infrastructure may be affected by a priority highway project.
• Where MTO has expropriated property for a priority highway project, a property owner cannot apply to a judge for a later date of possession under 39(3) of the Expropriations Act. This would help to ensure that the construction schedule for designated projects is not impacted. MTO will continue to work with property owners to determine appropriate expropriation and possession timelines.
• Will create offences for individuals and corporations that obstruct MTO officials from accessing property to carry out field studies or from taking possession of property that MTO has the right to possess for a priority highway project, and from tampering with equipment left on a property as part of a site inspection for a priority highway project. Penalties for these offences will be fines.
• Allow MTO to seek an order from a Justice of the Peace to access property to undertake a site inspection or take possession of land.
All comments received through the Regulatory Registry posting were given full consideration by the Ministry. No changes were made to the proposal as a result of public consultation.
Analysis of Regulatory Impact:
Proposed legislative amendments if passed:
• Would create provisions in the BHFA to move from a court-driven appeal process to a 15-day maximum appeal process to the Minister for disputes on MTO notices for utility relocations on designated priority highway projects and provide authority that the Minister may cause work to be done if the utility company fails to undertake the relocation.
• Would give the Minister authority to compel owners and operators of utility infrastructure to provide MTO with information concerning infrastructure, where it may be affected by a priority highway project. The proposed legislative amendments would, if passed, have a limited impact on the resources of municipalities and those who own or operate utility infrastructure, who currently must adhere to service timelines and submit data upon request.
• Where MTO has determined that property expropriation is necessary to support a priority highway project, the proposed legislation would, if passed, remove a property owner's ability to apply to a judge for a later date of possession under 39(3) of the Expropriations Act. This would help to ensure that the construction schedule for designated projects is not impacted. MTO would continue to work with property owners to determine appropriate expropriation and possession timelines.
• Would add offences and penalties provisions in the BHFA for individuals and corporations that obstruct MTO officials from accessing property to carry out field studies or refuse to relocate from expropriated property by the date of possession for designated priority highway projects. Penalties, in the form of fines, would mirror those in the Building Transit Faster Act for obstructing inspections.
MTO does not anticipate significant financial or adverse impacts related to this proposal on the public, impacted stakeholders or small businesses.
• Would create provisions in the BHFA to move from a court-driven appeal process to a 15-day maximum appeal process to the Minister for disputes on MTO notices for utility relocations on designated priority highway projects and provide authority that the Minister may cause work to be done if the utility company fails to undertake the relocation.
• Would give the Minister authority to compel owners and operators of utility infrastructure to provide MTO with information concerning infrastructure, where it may be affected by a priority highway project. The proposed legislative amendments would, if passed, have a limited impact on the resources of municipalities and those who own or operate utility infrastructure, who currently must adhere to service timelines and submit data upon request.
• Where MTO has determined that property expropriation is necessary to support a priority highway project, the proposed legislation would, if passed, remove a property owner's ability to apply to a judge for a later date of possession under 39(3) of the Expropriations Act. This would help to ensure that the construction schedule for designated projects is not impacted. MTO would continue to work with property owners to determine appropriate expropriation and possession timelines.
• Would add offences and penalties provisions in the BHFA for individuals and corporations that obstruct MTO officials from accessing property to carry out field studies or refuse to relocate from expropriated property by the date of possession for designated priority highway projects. Penalties, in the form of fines, would mirror those in the Building Transit Faster Act for obstructing inspections.
MTO does not anticipate significant financial or adverse impacts related to this proposal on the public, impacted stakeholders or small businesses.
Further Information:
ERO 019-9265
Proposal Number:
24-MTO020
Posting Date:
October 21, 2024
Summary of Proposal:
The Government of Ontario:
• Recognizes the need to build priority highways faster as our province grows in order to get people and goods out of gridlock and save drivers and businesses time and money.
• Recognizes that accidents and lane closures can worsen traffic congestion and impact the quality of life of Ontarians.
• Is speeding up the delivery of broadband projects that will connect people in all parts of Ontario, including rural areas, with reliable internet access.
• Is building Highway 413, recognizing the importance of this highway to millions of drivers from across Ontario.
The Ministry of Transportation (MTO) is seeking to develop new legislation that, if passed, will make it easier to build the infrastructure needed to strengthen Ontario's economy, improve traffic flow and make life easier for Ontarians.
The Building Highways Faster Act, 2024 (BHFA) is an initiative under the proposed Reducing Gridlock, Saving You Time Act, 2024 (RGSYTA). If passed, this new legislation will enable the designation of priority highway projects. It will allow for implementation of expedited construction of priority highway projects like Highway 413, the Bradford Bypass and the Garden City Skyway Bridge Twinning. This proposed legislation would, if passed, grant the Minister of Transportation new authorities to designate priority projects and provide new powers to accelerate receipt of infrastructure information, such as the location of underground utilities, as well as accelerated processes for utility relocation and property access and acquisition.
At this time, MTO is requesting public and stakeholder input on this proposal.
MTO welcomes your comments and feedback.
• Recognizes the need to build priority highways faster as our province grows in order to get people and goods out of gridlock and save drivers and businesses time and money.
• Recognizes that accidents and lane closures can worsen traffic congestion and impact the quality of life of Ontarians.
• Is speeding up the delivery of broadband projects that will connect people in all parts of Ontario, including rural areas, with reliable internet access.
• Is building Highway 413, recognizing the importance of this highway to millions of drivers from across Ontario.
The Ministry of Transportation (MTO) is seeking to develop new legislation that, if passed, will make it easier to build the infrastructure needed to strengthen Ontario's economy, improve traffic flow and make life easier for Ontarians.
The Building Highways Faster Act, 2024 (BHFA) is an initiative under the proposed Reducing Gridlock, Saving You Time Act, 2024 (RGSYTA). If passed, this new legislation will enable the designation of priority highway projects. It will allow for implementation of expedited construction of priority highway projects like Highway 413, the Bradford Bypass and the Garden City Skyway Bridge Twinning. This proposed legislation would, if passed, grant the Minister of Transportation new authorities to designate priority projects and provide new powers to accelerate receipt of infrastructure information, such as the location of underground utilities, as well as accelerated processes for utility relocation and property access and acquisition.
At this time, MTO is requesting public and stakeholder input on this proposal.
MTO welcomes your comments and feedback.
Contact Address:
777 Bay Street - Floor 30
Toronto, Ontario
M7A 2J3
Toronto, Ontario
M7A 2J3
Royal Assent Date:
November 25, 2024
Decision:
Approved