Act
Proposed legislative amendments to the Building Broadband Faster Act, 2021 under the Reducing Gridlock, Saving You Time Act, 2024
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Building Broadband Faster Act, 2021
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 Infrastructure is proposing amendments to the Building Broadband Faster Act, 2021 (BBFA) that would enable the Minister to expropriate, when necessary, an easement on private property for a designated (i.e., provincially-funded) broadband project in an expedited manner to avoid delays. This would help ensure that individual property owners cannot prevent other members of the public from receiving access to high-speed internet.
The Minister has existing authority under the Ministry of Infrastructure Act, 2011 (MOIA) to expropriate land or an interest in land that the Minister considers necessary for the use or purposes of the Government. The Minister's authority to expropriate is subject to the provisions of the Expropriations Act, 1990. The proposed amendments to the BBFA would:
• Provide an exemption from the requirement to hold hearings of necessity (if requested by landowners) to avoid delays.
• Allow the Minister, by direction, to establish a process to receive and consider comments from property owners about a proposed expropriation.
• Allow for the transfer of the easement from the Crown to an internet service provider (ISP) or other entities. In the event that Infrastructure Ontario (IO), a Crown agency, has been delegated the Minister's authority to expropriate, IO may carry out the transfer.
• Exempt the disposition of the easement from the requirement under the MOIA to obtain approval of the Lieutenant Governor in Council.
• Require the registration on title of the expropriated easement (an easement "in gross").
• Require the ISP or other entity to compensate the Crown for costs related to the expropriation, as determined by the Minister.
A hearing of necessity is an inquiry into whether an expropriation is fair, sound, and reasonably necessary. Exempting these hearings is expected to expedite the overall expropriations process for a broadband easement and avoid related delays. In their place, the proposal would allow the Minister to set up a separate process to receive comments about an expropriation under the BBFA. This does not remove any rights of property owners regarding fair compensation. Requirements under the Expropriations Act would remain to ensure landowners are treated fairly and compensated adequately for restrictions being placed on their properties. This follows a similar approach taken in the Building Transit Faster Act, 2020.
Any expropriation of land interests for the purpose of designated broadband projects will be at the discretion of the Minister and as needed to assist in advancing the deployment of broadband and high-speed internet infrastructure. If the legislation is passed, the Minister intends to use expropriation only after all other reasonable avenues for securing the required easement have been exhausted.
The proposed amendments to the BBFA would help ensure that individual property owners cannot delay or block the deployment of critical broadband infrastructure. The proposal would support the government's commitment of making high-speed internet accessible in every community in Ontario by the end of 2025.
• 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 Infrastructure is proposing amendments to the Building Broadband Faster Act, 2021 (BBFA) that would enable the Minister to expropriate, when necessary, an easement on private property for a designated (i.e., provincially-funded) broadband project in an expedited manner to avoid delays. This would help ensure that individual property owners cannot prevent other members of the public from receiving access to high-speed internet.
The Minister has existing authority under the Ministry of Infrastructure Act, 2011 (MOIA) to expropriate land or an interest in land that the Minister considers necessary for the use or purposes of the Government. The Minister's authority to expropriate is subject to the provisions of the Expropriations Act, 1990. The proposed amendments to the BBFA would:
• Provide an exemption from the requirement to hold hearings of necessity (if requested by landowners) to avoid delays.
• Allow the Minister, by direction, to establish a process to receive and consider comments from property owners about a proposed expropriation.
• Allow for the transfer of the easement from the Crown to an internet service provider (ISP) or other entities. In the event that Infrastructure Ontario (IO), a Crown agency, has been delegated the Minister's authority to expropriate, IO may carry out the transfer.
• Exempt the disposition of the easement from the requirement under the MOIA to obtain approval of the Lieutenant Governor in Council.
• Require the registration on title of the expropriated easement (an easement "in gross").
• Require the ISP or other entity to compensate the Crown for costs related to the expropriation, as determined by the Minister.
A hearing of necessity is an inquiry into whether an expropriation is fair, sound, and reasonably necessary. Exempting these hearings is expected to expedite the overall expropriations process for a broadband easement and avoid related delays. In their place, the proposal would allow the Minister to set up a separate process to receive comments about an expropriation under the BBFA. This does not remove any rights of property owners regarding fair compensation. Requirements under the Expropriations Act would remain to ensure landowners are treated fairly and compensated adequately for restrictions being placed on their properties. This follows a similar approach taken in the Building Transit Faster Act, 2020.
Any expropriation of land interests for the purpose of designated broadband projects will be at the discretion of the Minister and as needed to assist in advancing the deployment of broadband and high-speed internet infrastructure. If the legislation is passed, the Minister intends to use expropriation only after all other reasonable avenues for securing the required easement have been exhausted.
The proposed amendments to the BBFA would help ensure that individual property owners cannot delay or block the deployment of critical broadband infrastructure. The proposal would support the government's commitment of making high-speed internet accessible in every community in Ontario by the end of 2025.
Analysis of Regulatory Impact:
Regulatory impacts are not expected as the proposal does not create new obligations and associated compliance costs for regulated entities. The proposal enhances the Minister's existing authority under the Ministry of Infrastructure Act, 2011 to expropriate land or an interest in land that the Minister considers necessary for the use or purposes of the Government. This authority would only be used at the request of an organization on whose behalf the easement is being expropriated and only when such organization has agreed to the necessary costs.
Further Information:
Building Broadband Faster Act, 2021
Proposal Number:
24-MOI007
Posting Date:
October 21, 2024
Comments Due Date:
November 20, 2024
Contact Address:
Ministry of Infrastructure
Broadband Programs Branch
777 Bay St
4th Floor, Suite 425
Toronto, ON M5G 2E5
Broadband Programs Branch
777 Bay St
4th Floor, Suite 425
Toronto, ON M5G 2E5