Proposed Delegation Regulation under the Building Transit Faster Act, 2020
Regulation - LGIC
Bill or Act:
Building Transit Faster Act, 2020
Summary of Decision:
The regulation was approved and filed with the Registrar of Regulations and is now in effect.
Analysis of Regulatory Impact:
The BTFA established the requirement for corridor development permits for any construction or development activities within or adjacent to the transit corridor. This ability to issue, change or cancel a permit currently resides with the Minister of Transportation; however, the proposed regulation, if approved, would delegate this ability to Metrolinx.
The proposed delegation from the Minister of Transportation to Metrolinx may have an impact on business. Once lands have been designated as transit corridor lands, if a property owner plans to carry out construction or development activities within these lands, they will need to apply to obtain a permit from Metrolinx before the work can begin.
November 2, 2020
Summary of Proposal:
In July 2020, the Building Transit Faster Act, 2020 (BTFA) came into force introducing measures that streamline project delivery and support the accelerated completion of the government's four priority transit projects. Many of the measures are intended as back-stop, with Metrolinx expected to make every reasonable effort to negotiate.
The Ministry of Transportation (MTO) has prepared the proposed regulation to delegate functions currently residing with the Minister to Metrolinx, with conditions and restrictions. The functions in the BTFA relating to corridor development permits, the ability to enter land, compensation, enforcement and administrative functions, were granted to the Minister and require delegation through regulation before they can be used by Metrolinx. Delegation is proposed as Metrolinx is leading the planning and construction of the priority transit projects and has the required technical expertise and operational resources to exercise these functions. It is expected that Metrolinx's use of these functions would help the government meet its commitment to deliver these projects on accelerated timelines. This would be subject to MTO oversight, which would include regular reporting.
The proposed delegation is as follows:
•Corridor development permits: Metrolinx would be required to notify the Minister of permit matters in accordance with any Ministerial direction.
•Entering land: For obstruction removal and preview inspections, Metrolinx would be required to notify the Minister when entering lands without the agreement of the property owner. For construction danger inspection and elimination, Metrolinx would be required to notify Minister after land is entered without notice, after police assistance is requested and to report back on outcomes.
•Compensation: the ability to provide compensation to property owners for any damages and the alteration/removal of an obstruction caused by entering lands, including the discretionary ability to compensate municipalities.
•Stop-work orders: Metrolinx would be required to notify the Minister after a stop-work order is issued and before a stop-work order is filed in the Courts.
•Inspections: Metrolinx would be required to notify the Minister when an inspection for compliance with a stop-work order reveals a failure to comply.
•Warrants: Metrolinx would be required to notify the Minister before it seeks a warrant to carry out an inspection on any land; before police assistance is requested; and, would be required to report back on outcomes.
•Administration: the responsibility to register a notice of land designation with the land registry office and make reasonable efforts to notify landowners and occupants of land that is designated as transit corridor land under the BTFA.
Engagement with municipal partners and stakeholders on the BTFA continues. MTO is working on an alternative engagement process that will give landowners the opportunity to directly submit concerns and comments about expropriations directly to MTO.
On October 21, 2020, as part of the Ontario Rebuilding and Recovery Act initiative, legislation was introduced that, if passed, would amend the BTFA to enable the extension of measures to other provincial transit projects, which would be specified in future regulation(s). Prior to prescribing a project, MTO would assess which measures should be extended, and if the notification conditions allow for effective oversight.
Ministry of Transportation
Agency Oversight and Partnerships Division
Metrolinx and Agencies Oversight Branch
777 Bay Street
March 12, 2021