Metrolinx Act, 2006

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 August 24, 2006; (“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 tra…

Corporation

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). Section Amendments with date in force (d/m/y) 2009, c. 14, s. 3 - 14/05/2009

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4 Repealed: 2009, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 16, s. 51 (2) - no effect - see 2009, c. 14, s. 34 - 14/05/2009 2009, c. 14, s. 4 - 14/05/2009

5 (1) The objects of the Corporation are, (a) to provide leadership in the co-ordination, planning, financing, development and implementation of an integrated transit network in the regional transportation area 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) conforms 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; (c) to be responsible for the operation of the regional transit system and…

6 (1) In carrying out its objects as described in clause 5 (1) (a), the Corporation shall, (a) subject to the approval of the Minister, make a transportation plan for the regional transportation area; (b) plan, co-ordinate and set priorities for the implementation of the transportation plan; (c) fund, or arrange and manage the funding for, an integrated transit network in the regional transportation area; (d) 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 transit, including, (i) the provision and the optimal use and location of transit infrastructure, (ii) the integration of transit infrastructure, and (iii) th…

7 (1) In carrying out its objects as described in clause 5 (1) (a), 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, (a) the regional transit system; (b) the local transit systems in 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 (c) the local transit systems of municipalities outside the areas mentioned in clause (b) that agree to participate. 2018, c. 17, Sched. 25, s. 3. 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…

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 tr…

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 wi…

8.2 (1) The Corporation shall provide the Government with advice on such matters related to transportation as the Minister directs the Corporation to advise on. 2018, c. 17, Sched. 25, s. 5. Services (2) The Corporation shall provide the Government with services in respect of such matters related to transportation as the Minister directs. 2018, c. 17, Sched. 25, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 25, s. 5 - 06/12/2018

9 (1) Subject to any directives issued under section 31, the business and affairs of the Corporation shall be managed by its board of directors. 2006, c. 16, s. 9 (1); 2018, c. 17, Sched. 25, s. 6 (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 employ…

9.1 (1) The Lieutenant Governor in Council, on the recommendation of the Minister, may appoint a representative and an alternate representative. 2018, c. 17, Sched. 25, s. 7. Role of provincial representative (2) The representative is entitled to, (a) receive notice of all meetings of the board; (b) receive all documents provided to the directors in connection with all meetings of the board; and (c) be present and participate throughout all meetings of the board. 2018, c. 17, Sched. 25, s. 7. Role of alternate representative (3) If the representative is unable to act, the alternate representative has all the entitlements of the representative. 2018, c. 17, Sched. 25, s. 7. Clarification, in-camera meetings (4) For greater certainty, the entitlements of the representative extend to all in-camera meetings of the board. 2018, c. 17, Sched. 25, s. 7. Section Amendments with date in force (d/…

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). Section Amendments with date in force (d/m/y) 2006, c. 16, s. 10 (1.3) - 15/05/2010 2009, c. 14, s. 11 - 14/05/2009

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 deliberating in respect of a transportation plan or in respect of a review of or amendment to the transportation plan. 3. Repealed: 2018, c. 17, Sched. 25, s. 8 (2). 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 fare…

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’…

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).

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). Section Amendments with date in force (d/m/y) 2006, c. 16, s. 14 (6) - 15/11/2010 2009, c. 14, s. 13 (1, 2) - 14/05/2009

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 R…

Powers

16 (1) The Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects, except as limited under this Act and section 11.0.1 of the Ministry of Infrastructure Act, 2011. 2024, c. 28, Sched. 27, s. 4 (2). 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 regional transit system, and (ii) Repealed: 2018, c. 17, Sched. 25, s. 9. (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 municipal…

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. Section Amendments with date in force (d/m/y) …

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. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 16 - 14/05/2009

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 corpo…

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

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 p…

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…

Financial Matters

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

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.

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. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 19 - 14/05/2009

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. (3) Repealed: 2018, c. 17, Sched. 25, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 20 - 14/05/2009 2018, c. 17, Sched. 25, s. 11 - 06/12/2018

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

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).

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).

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. Limitation re real property (3) Any transfer under subsection (1) to the Corporation is subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 201…

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).

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 C…

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) I…

Accountability

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). (1.1) Repealed: 2018, c. 17, Sched. 25, s. 12. 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). Section Amendments with date in force (d/m/y) 2006, c. 16, s. 52 (4) - 25/07/2007 2009, c. 14, s. 22 - 14/05/2009 2018, c. 17, Sched. 25, s. 12 - 06/12/2018

31.0.1 The Minister may issue directives in writing directing a municipality or its municipal agencies to provide the Minister or the Corporation with information and data, as well as copies of any contracts, records, reports, surveys, plans and any other document that, in the Minister’s opinion, may be required to support the development of a provincial transit project or transit-oriented community project, and the municipality or its municipal agencies shall comply with the directive within the time specified by the Minister. 2025, c. 9, Sched. 5, s. 2. Section Amendments with date in force (d/m/y) 2025, c. 9, Sched. 5, s. 2 - 05/06/2025

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 pla…

32 (1) The Corporation’s board of directors shall adopt a business plan for each fiscal year. 2018, c. 17, Sched. 25, s. 14. Rolling five-year capital plan (2) The business plan shall include the rolling five-year capital plan prepared under section 23.1. 2018, c. 17, Sched. 25, s. 14. Submission to Minister (3) The board shall submit a copy of the business plan to the Minister for approval. 2018, c. 17, Sched. 25, s. 14. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 24 - 14/05/2009 2018, c. 17, Sched. 25, s. 14 - 06/12/2018

32.1 Repealed: 2018, c. 17, Sched. 25, s. 15. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 25 - 14/05/2009 2018, c. 17, Sched. 25, s. 15 - 06/12/2018

33 (1) The Corporation shall prepare an annual report, provide it to the Minister no later than 120 days after the end of the Corporation’s fiscal year and make it available to the public. 2017, c. 34, Sched. 46, s. 24. Same (2) The Corporation shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a) the form and content of the annual report; and (b) when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 24. Same (3) The Corporation shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 26 - 14/05/2009 2017, c. 34, Sched. 46, s. 24 - 01/01/2018

33.1 The Minister shall table the Corporation’s annual report in the Assembly no later than 30 days after determining that the annual report meets the requirements of section 33 and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when and how to make that determination. 2017, c. 34, Sched. 46, s. 24. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 24 - 01/01/2018

33.2 (1) 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, including but not limited to information about, (a) contract management; (b) consultant assignments; (c) sponsorship agreements; (d) staffing; (e) salaries; and (f) any other financial or organizational matter. 2018, c. 17, Sched. 25, s. 16. Reports by third parties (2) 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. 2017, c. 34, Sched. 46, s. 24. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 24 - 01/01/2018 2018, c. 17, Sched. 25, s. 16 - 06/12/2018

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).

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 jud…

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

37 (1) Except as provided in subsections (2) and (3), the Business Corporations Act, the Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the Corporation or its subsidiary corporations. 2017, c. 20, Sched. 8, s. 94 (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 Not-for-Profit Corporations Act, 2010 that apply with necessary modifications to, (a) the Corporation; or (b) its subsidiary corporations. 2009, c. 14, s. 27; 2017, c. 20, Sched. 8, s. 94 (2). Sectio…

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). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 50 (2) - 14/05/2009 39 (1) Repealed: 2020, c. 18, Sched. 6, s. 59 (2). (2) Repealed: 2020, c. 18, Sched. 6, s. 59 (3). (3) Repealed: 2020, c. 18, Sched. 6, s. 59 (4). Section Amendments with date in force (d/m/y) 2009, c. 14, s. 28 - 14/05/2009 2020, c. 18, Sched. 6, s. 59 (2-4) - 22/02/2024 Ministry of Infrastructure Act, 2011

39.1 (1) Repealed: 2018, c. 17, Sched. 25, s. 17. Same (2) Section 8 (Procurement policies, Government property) 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); 2015, c. 38, Sched. 7, s. 50 (2). Section Amendments with date in force (d/m/y) 2009, c. 14, s. 29 - 14/05/2009 2011, c. 9, Sched. 27, s. 31 (2) - 06/06/2011 2015, c. 38, Sched. 7, s. 50 (1, 2) - 10/12/2016 2018, c. 17, Sched. 25, s. 17 - 06/12/2018 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. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 29 - 14/05/2009

40 Repealed: 2020, c. 34, Sched. 23, s. 9. Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2026, c. 8, Sched. 5, s. 1)

40 (1) The Corporation may notify the chief building official under the Building Code Act, 1992 of a proposal to construct or demolish a building associated with a provincial transit project by submitting the form, documents and information referred to in subsection 8 (1.1) of that Act. 2026, c. 8, Sched. 5, s. 1. Same (2) For greater certainty, the Corporation may make a notification under subsection (1) whether or not the Corporation owns the building or the property on which the building is located. 2026, c. 8, Sched. 5, s. 1. Report (3) On receiving notice and any required fee, the chief building officer shall assess the proposed building, construction or demolition as if the Building Code Act, 1992 and the building code applied to it and shall provide to the Corporation, within the prescribed period, a report that includes the following information: 1. An assessment of whether the p…

41 Repealed: 2018, c. 17, Sched. 25, s. 18. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 25, s. 18 - 06/12/2018

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 (3) (c); (e) prescribing other matters to be addressed and other information to be included in the transportation plan for the regional transport…

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 fil…

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). Limitation re real property (1.1) The transfer under subsection (1) is subject to any limits imposed by section 11.0.1 of the Ministry of Infrastructure Act, 2011. 2024, c. 28, Sched. 27, s. 4 (6). 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 …

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 Corp…

Interim Measures — Upload of Rapid Transit Projects

Sole Responsibility Project Sole responsibility project

46 (0.1) In this section and sections 47 to 50, “agencies”, in relation to the City of Toronto, means, (a) every local board as defined in subsection 3 (1) of the City of Toronto Act, 2006, including, for greater certainty, the Toronto Transit Commission, and (b) every corporation established by the City of Toronto under section 148 of the City of Toronto Act, 2006, and every secondary corporation as defined in subsection 148 (4) of that Act. 2025, c. 9, Sched. 5, s. 3. Sole responsibility project (1) The Lieutenant Governor in Council may, by regulation, prescribe a project to design, develop and construct rapid transit or an extension to rapid transit as a rapid transit project that is the sole responsibility of the Corporation. 2019, c. 8, Sched. 3, s. 2. Prohibition, City of Toronto and its agencies (2) The City of Toronto and its agencies shall not design, develop, construct or work…

47 (1) The Lieutenant Governor in Council may, by order, transfer to the Corporation, with or without compensation, all or some of the City of Toronto’s and its agencies’ assets, liabilities, rights and obligations with respect to a project prescribed as a rapid transit project that is the sole responsibility of the Corporation, including intellectual property, contractual rights, interests, approvals, registrations and entitlements, originals or copies of reports, documents and data, and any other real or personal property. 2019, c. 8, Sched. 3, s. 2. Preliminary review of contracts, etc. (2) For the purpose of preparing an order under subsection (1), the Minister may order the City of Toronto and its agencies to provide the Minister with copies of contracts and other documents as well as copies of reports and data. 2019, c. 8, Sched. 3, s. 2. Taking possession (3) The City of Toronto a…

Direction and Approval Project

48 The Lieutenant Governor in Council may, by regulation, (a) prescribe a project to design, develop and construct rapid transit or an extension to rapid transit as a rapid transit project that is subject to the Minister’s direction; and (b) require that a specified decision with respect to the project be subject to the Minister’s approval. 2019, c. 8, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 8, Sched. 3, s. 2 - 06/06/2019

49 (1) The Minister may issue directives in writing to the City of Toronto and its agencies in respect of a rapid transit project that is subject to the Minister’s direction. 2019, c. 8, Sched. 3, s. 2. Implementation (2) The City of Toronto and its agencies shall comply with the directives. 2019, c. 8, Sched. 3, s. 2. Directive not a regulation (3) A directive is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2019, c. 8, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 33 - 14/05/2009 2019, c. 8, Sched. 3, s. 2 - 06/06/2019

50 (1) The City of Toronto and its agencies shall not make a decision that is prescribed under clause 48 (b) as subject to the Minister’s approval, or take any action that would arise from making such a decision, unless the decision is approved by the Minister. 2019, c. 8, Sched. 3, s. 2. Conditions on approval (2) The Minister may impose conditions on an approval and the City of Toronto or agency, as the case may be, shall only make the decision if they also comply with the conditions. 2019, c. 8, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2019, c. 8, Sched. 3, s. 2 - 06/06/2019

No Cause of Action

51 (1) No cause of action arises against the persons or entities described in subsection (2) in respect of, Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 51 (1) of the Act is amended by adding the following clause: (See: 2026, c. 8, Sched. 5, s. 3) (0.a) anything done or not done in accordance with section 40 or any regulation made in respect of that section; (a) the enactment of section 2 of Schedule 3 to the Getting Ontario Moving Act (Transportation Statute Law Amendment), 2019 or the making of a regulation under subsection 46 (1), 47 (9) or section 48 of this Act; (b) the authorizing of design, development, construction or work under subsection 46 (3) or the refusing to authorize design, development, construction or work under that subsection; (c) the making of an order under subsection 47 (1) or (2); (d) the granting of an approval under a reg…

52, 53 Omitted (provides for amendments to 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. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 35 - 14/05/2009

55 Omitted (enacts short title of this Act). 2009, c. 14, s. 1. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 1 - 14/05/2009 ______________