Infrastructure for Jobs and Prosperity Act, 2015

Purpose and Interpretation

1 The purpose of this Act is to establish mechanisms to encourage principled, evidence-based and strategic long-term infrastructure planning that supports job creation and training opportunities, economic growth and protection of the environment, and incorporate design excellence into infrastructure planning.

2 In this Act, “broader public sector entity” means, (a) a municipality as defined in subsection 1 (1) of the Municipal Act, 2001, (b) a local board as defined in subsection 1 (1) of the Municipal Act, 2001, (c) a board as defined in subsection 1 (1) of the Education Act, (d) any post-secondary educational institution in Ontario that receives regular operating funding from the Government, (e) a hospital within the meaning of the Public Hospitals Act, (f) a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act, and (g) any other persons or entities prescribed for the purposes of this definition; (“entité du secteur parapublic”) “construction” includes reconstruction, improvement, extension, alteration, replacement and repairs; (“cons­truction”) “Government” means, (a) the Government of Ontario and the Crown in right of Ontario, (b) a ministry of the Gov…

Infrastructure Planning Principles

3 The Government, and every broader public sector entity, shall consider the following principles when making decisions respecting infrastructure: 1. Infrastructure planning and investment should take a long-term view, and decision-makers should take into account the needs of Ontarians by being mindful of, among other things, demographic and economic trends in Ontario. 2. Infrastructure planning and investment should take into account any applicable budgets or fiscal plans, such as fiscal plans released under the Fiscal Sustainability, Transparency and Accountability Act, 2019 and budgets adopted under Part VII of the Municipal Act, 2001 or Part VII of the City of Toronto Act, 2006. 3. Infrastructure priorities should be clearly identified in order to better inform investment decisions respecting infrastructure. 4. Infrastructure planning and investment should ensure the continued provis…

Long-Term Infrastructure Plans

4 (1) The Minister shall, in accordance with the timing requirements set out in subsection (2), (a) develop long-term infrastructure plans containing the information set out in subsection (3); and (b) table the long-term infrastructure plans in the Assembly or, if the Assembly is not sitting, deposit them with the Clerk of the Assembly. Timing requirements (2) Long-term infrastructure plans shall be developed and tabled or deposited in accordance with the following timing requirements: 1. The first long-term infrastructure plan shall be developed and tabled or deposited no later than three years after the day this section comes into force. 2. Thereafter, each subsequent long-term infrastructure plan shall be developed and tabled or deposited no later than five years after the day the previous plan was tabled or deposited. Contents (3) Each long-term infrastructure plan shall include the …

5 (1) The Minister shall publish each long-term infrastructure plan tabled or deposited under section 4 on a Government of Ontario website. Archive (2) The Minister shall maintain an archive of the long-term infrastructure plans tabled or deposited under section 4.

Infrastructure Asset Management Plans

6 (1) Every broader public sector entity prescribed for the purposes of this section shall prepare the infrastructure asset management plans that are required by the regulations and that satisfy the prescribed requirements. Infrastructure asset management planning information (2) Every broader public sector entity prescribed for the purposes of this section shall prepare such additional infrastructure asset management planning information as may be prescribed by the regulations and that satisfies any prescribed requirements. Submission of plans, information to Minister (3) If required by the Minister, a broader public sector entity shall, in accordance with any requirements the Minister may specify, provide to the Minister or to any other minister of the Crown the Minister may specify, a copy of an infrastructure asset management plan it has prepared under subsection (1), or of informati…

Other Infrastructure-Related Requirements

7 (1) When evaluating and prioritizing proposed projects for the construction of an infrastructure asset, the Government shall consider, (a) whether the infrastructure asset is planned for in, or is contemplated by, any provincial or municipal plan or strategy to which paragraph 9 of section 3 may apply, regardless of whether it binds or applies to the Government, or by a long-term infrastructure plan published under subsection 5 (1); (b) all related capital costs and operating costs that are reasonably expected to arise over the expected useful life of the infrastructure asset; and (c) whether the construction of the infrastructure asset would reasonably be expected to, (i) be a long-term return on investment, (ii) stimulate productivity and economic competitiveness, (iii) maximize tax assessment values and tax base growth, (iv) support any other public policy goals of the Government of…

8 (1) The Government shall require that the following persons be involved in the preparation of the design for the construction of every infrastructure asset described in subsection (2), unless it is not practicable in the circumstances: 1. If the Government reasonably expects costs for the construction of the infrastructure asset to meet or exceed the amount prescribed for the purposes of this paragraph for the infrastructure asset, i. an architect as defined in the Architects Act, and ii. a person, other than an architect, with demonstrable expertise in and experience with design in relation to infrastructure assets. 2. If the Government reasonably expects costs for the construction of the infrastructure asset to meet or exceed the amount prescribed for the purposes of this paragraph for the infrastructure asset, a professional engineer as defined in the Professional Engineers Act. App…

9 (1) In this section, “apprentice” means an apprentice as defined in section 1 of the Building Opportunities in the Skilled Trades Act, 2021; (“apprenti”) “registered training agreement” means a registered training agreement as defined in section 1 of the Building Opportunities in the Skilled Trades Act, 2021; (“contrat d’apprentissage enregistré”) “trade” means a trade as defined in section 1 of the Building Opportunities in the Skilled Trades Act, 2021. (“métier”) 2021, c. 28, s. 68 (1). Commitment re intended use of apprentices (2) A bidder that enters into a procurement process for the construction or maintenance by the Government of an infrastructure asset shall, in the prescribed circumstances, provide to the Government as part of the procurement process a commitment respecting the intended use of apprentices in the construction or maintenance in the event of a successful bid. 201…

Other Matters

10 (1) No cause of action arises against the Crown in right of Ontario or any minister, agent, appointee or employee of the Crown as a direct or indirect result of, (a) the enactment or repeal of this Act; (b) the making or revoking of a regulation under this Act; or (c) anything done or not done under this Act. Same (2) Without limiting the generality of subsection (1), that subsection applies to an action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief.

11 (1) Nothing in this Act or the regulations in any way diminishes or otherwise alters the obligation of the Government to meet any requirement imposed on the Government under any other Act or otherwise by law. Same (2) Nothing in this Act or the regulations in any way diminishes or otherwise alters the obligation of a broader public sector entity to meet any requirement imposed on the broader public sector entity under any other Act or otherwise by law.

Regulations

12 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing persons or entities for the purposes of clause (g) of the definition of “broader public sector entity” in section 2; (b) for the purposes of the definition of “infrastructure” in section 2, (i) prescribing additional things by or through which a public service is provided to Ontarians as being included in the definition, and (ii) excluding physical structures or facilities from the definition; (c) prescribing additional principles for the Government or any broader public sector entities, for the purposes of section 3; (d) for the purposes of section 6, (i) prescribing broader public sector entities, (ii) setting out the infrastructure asset management plans that must be prepared under subsection 6 (1) and governing their preparation, including governing their form, content and timing, (iii) setting out any ad…

13 Omitted (provides for coming into force of provisions of this Act).

14 Omitted (enacts short title of this Act). ______________