Proposed Regulation Prescribing Hamilton Light Rail Transit (LRT) project as a Priority Transit Project under the Building Transit Faster Act, 2020
Regulation - LGIC
Bill or Act:
Building Transit Faster Act, 2020
Summary of Decision:
The regulation was approved on September 18, 2021 and filed on September 28, 2021.
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. The proposed LGIC regulation to prescribe the Hamilton LRT project under the BTFA, if approved, may have an impact on business, utilities, developers and property owners.
Once lands have been designated as transit corridor lands for the purposes of this project, if a property owner plans to carry out construction or development activities within these lands, they will need to apply to obtain a corridor development permit before the work can begin.
March 8, 2021
Summary of Proposal:
The Building Transit Faster Act, 2020 (BTFA) introduces measures that streamline project delivery and support the accelerated completion of the priority transit projects identified in the "New Subway Transit Plan for the GTA", and any other projects prescribed through regulation.
The measures introduced by the BTFA provide:
• The ability to enter lands for due diligence work (e.g., soil testing), removal of obstructions and encroachments (e.g., trees), addressing imminent danger to project construction, and for monitoring compliance with corridor development permits;
• A framework for enhanced coordination of utility relocations to support better management of project schedule and costs;
• A streamlined land assembly process;
• An approach to municipal permits, and backstop authority to compel access to municipal rights-of-way and services (water, sewer); and,
• Requirements for owners of adjacent land and infrastructure to obtain a corridor development permit for construction and development activities that may interfere with transit construction.
Many of the measures in the BTFA are intended as a backstop in their application, with Metrolinx expected to make every reasonable effort to negotiate before using the measures in the Act.
MTO is now proposing to establish a Lieutenant Governor in Council (LGIC) regulation that would prescribe the Hamilton Light Rail Transit (LRT) project as a priority transit project for the purpose of the BTFA. It is expected that prescribing the Hamilton LRT project would help the government deliver this project on accelerated timelines.
In addition, the Ontario government has requested that the federal government be a funding partner on this project. If the federal government partners with the Province, the proposed Hamilton LRT would connect key destinations across Hamilton from McMaster and extending beyond downtown Hamilton to at least Gage (or potentially further).
Ministry of Transportation
Agency Oversight and Partnerships Division
Metrolinx and Agencies Oversight Branch
777 Bay Street
September 28, 2021