Building Transit Faster Act, 2020

Part I Purpose and interpretation

1 The purpose of the Act is to expedite the delivery of transit projects of provincial significance by removing barriers and streamlining processes that may result in delays to the timely completion of these transit projects, while enhancing coordination and engagement with and being fair to public and private sector stakeholders. 2020, c. 35, Sched. 1, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 35, Sched. 1, s. 1 - 08/12/2020

2 In this Act, “actual cost”, in respect of the costs of work carried out by a utility company to comply with a notice under section 46, means all costs properly attributed to the work, including, (a) the actual wages paid to all workers up to and including the supervisors for their time actually spent on the work and in travelling to and from the work, and the cost of food, lodging and transportation for such workers where necessary for the proper carrying out of the work, (b) the cost to the utility company of contributions related to such wages in respect of workplace safety and insurance premiums, vacation pay, employment insurance, pension or insurance benefits and other similar benefits, (c) the cost of using and transporting equipment and explosives used in the work, (d) the cost of planning, designing and engineering, (e) the cost of materials, (f) the cost of acquiring necessary…

Part II Corridor Control

Development Control and Obstruction removal

Development Control

Corridor Development Permit

3 No person shall carry out the following work on or near transit corridor land without a permit issued by the Minister: buildings, structures, roads 1. Build, alter or place a building, other structure or road, or conduct excavation or dewatering, on or under, i. transit corridor land, or ii. land within 30 metres of transit corridor land. This does not include utility infrastructure, excavation for utility infrastructure or dewatering for utility infrastructure. utility infrastructure 2. Build, alter or place utility infrastructure that would require grading or excavation on or under, i. transit corridor land, or ii. land within 10 metres of transit corridor land. prescribed 3. Prescribed work.

4 (1) The Minister may issue a permit for the purposes of section 3. Terms and conditions (2) The Minister may attach terms and conditions to a permit, or change such terms and conditions, at the Minister’s discretion at any time.

5 The Minister may cancel a permit at the Minister’s discretion at any time.

6 (1) In an emergency, a municipality or utility company may respond to the emergency by carrying out work that would otherwise be prohibited by section 3. Notice of the work (2) The municipality or utility company shall notify the Minister of the work reasonably promptly.

Development in Process

7 Work does not need a permit if that work got all legally required approvals before a designation of land as transit corridor land brought that work within the ambit of section 3.

8 The Minister may, by notice to the work’s proponent, impose a requirement that, if the work is not completed during the period ending on the day that is six months after the day that the notice was served, the work needs a permit after that time, unless an alternative approach is negotiated.

9 The Minister shall attempt to enter into negotiations, and negotiate in good faith, to enable the work to be carried out, (a) to the extent possible; (b) on a reasonable timeline; and (c) in a manner compatible with the needs and timelines of a provincial transit project. 2020, c. 12, s. 9; 2025, c. 9, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2025, c. 9, Sched. 2, s. 3 - 05/06/2025

10 (1) If an agreement has not been reached during the period ending on the day that is six months after the day that the notice was served, the exception in section 7 ceases to apply, such that a person needs a permit from the Minister under section 3 to carry out the work. Discretion to impose permit (2) The Minister may, by notice to the work’s proponent, impose such a permit.

Review

11 A person may seek a review of a decision with respect to permits if the Minister has established a review process under section 63.

Obstruction Removal

Obstruction Removal Notice and Negotiation

12 The Minister may determine that the construction, operation or maintenance of a provincial transit project requires the alteration or removal of any of the following things, whether or not they are there in violation of section 3: structures 1. A structure on or under, i. transit corridor land, or ii. land within 30 metres of transit corridor land. This does not include the removal of a building, road or utility infrastructure, but does include the removal of part of a building. trees, shrubs, hedges 2. A tree, shrub or hedge on or under, i. transit corridor land, or ii. land within 30 metres of transit corridor land. prescribed 3. A prescribed thing. 2020, c. 12, s. 12; 2025, c. 9, Sched. 2, s. 3; 2025, c. 14, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2025, c. 9, Sched. 2, s. 3 - 05/06/2025; 2025, c. 14, Sched. 1, s. 2 (1, 2) - 27/11/2025

13 The Minister may notify a property owner that the alteration or removal of the thing on their property is required. 2020, c. 12, s. 13; 2025, c. 14, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2025, c. 14, Sched. 1, s. 3 - 27/11/2025

14 The obstruction removal notice shall be in writing and include the following information: 1. The work to be carried out. 2. The date by which the work must be completed. 3. That the owner shall be negotiated with in good faith to further the work. 4. That if agreement has not been reached during the period ending on the day that is 15 days after the day that the notice was served, the Minister may carry out an obstruction removal with respect to the work. 5. The entitlement to compensation. 6. The procedure for determining compensation. 7. That if the owner obstructs an obstruction removal, they lose their entitlement to compensation. 8. Contact information for further information. 2020, c. 12, s. 14; 2025, c. 14, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 14, Sched. 1, s. 4 - 27/11/2025

15 (1) An obstruction removal notice shall be provided to the owner personally or by registered mail. Deemed receipt (2) An obstruction removal notice sent by registered mail is deemed to be received on the second business day after it was mailed. Failure to receive document (3) Subsection (2) does not apply if the person establishes that they, acting in good faith, did not receive the obstruction removal notice or received it on a later date because of a reason beyond the person’s control, including absence, accident, disability or illness.

16 The Minister shall attempt to enter into negotiations, and negotiate in good faith, to reach an agreement on how to carry out the work.

17 If an agreement has not been reached during the period ending on the day that is 15 days after the day that the notice is served, the Minister may carry out an obstruction removal under section 19 with respect to the work. 2020, c. 12, s. 17; 2025, c. 14, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2025, c. 14, Sched. 1, s. 5 - 27/11/2025

18 If the thing was not there in violation of section 3 or municipal by-laws, and got all legally required approvals, the Minister shall, (a) compensate the owner for the thing altered or removed and for any damages resulting from the work, and the procedure for determining compensation set out in section 42 applies; and (b) if the Minister carries out the work, after carrying out the work, (i) make reasonable efforts to restore the property to its conditions prior to the work, aside from the alterations or removals described in the notice, and (ii) plant trees to replace any trees that were removed, and do so in accordance with, (A) any regulations on tree replacement, or (B) if there are not regulations on tree replacement, in accordance with the applicable municipal by-laws on tree replacement, with any necessary modifications. 2020, c. 12, s. 18; 2025, c. 14, Sched. 1, s. 6. Section …

Obstruction Removal

19 (1) If an agreement has not been reached during the period ending 15 days after the obstruction removal notice is served, the Minister may carry out an obstruction removal, which consists of entering the property and doing whatever is necessary to carry out the work. 2020, c. 12, s. 19 (1); 2025, c. 14, Sched. 1, s. 7. Dwellings (2) An obstruction removal shall not take place in a dwelling. 2020, c. 12, s. 19 (2). Compensation and restoration (3) Section 18 applies to an obstruction removal. 2020, c. 12, s. 19 (3). Section Amendments with date in force (d/m/y) 2025, c. 14, Sched. 1, s. 7 - 27/11/2025

20 (1) The Minister shall provide advance notice of the obstruction removal to the property owner. Contents (2) The notice shall be in writing and include the date and approximate time of the obstruction removal.

21 An obstruction removal shall be carried out, (a) during the regular business hours of the place; (b) if the place does not have regular business hours, at any time the place is open for business; or (c) at any time during daylight hours.

22 An individual who carries out an obstruction removal shall produce, on request, evidence of being authorized to do so.

23 An individual who carries out an obstruction removal may be accompanied by one or more individuals under their direction to assist with the obstruction removal.

24 An individual who carries out an obstruction removal is not entitled to use force to enter the property to carry out the obstruction removal.

25 (1) A person shall not hinder, obstruct or interfere with an obstruction removal. Loss of compensation entitlement (2) A person who hinders, obstructs or interferes with an obstruction removal loses any entitlement to compensation under section 18 and subsection 19 (3).

Construction Danger Inspection and Elimination

26 (1) If the Minister is of the opinion that any of the following things pose an immediate danger to the health and safety of persons working on the construction, operation or maintenance of a provincial transit project, the Minister may enter a property to inspect the thing: 1. A structure that is on or under transit corridor land or on or under land within 30 metres of such land. 2. A tree, shrub or hedge that is on or under transit corridor land or on or under land within 30 metres of such land. 3. Any other prescribed thing. 2025, c. 14, Sched. 1, s. 8. (2) A structure mentioned in paragraph 1 of subsection (1) does not include a building, road or utility infrastructure, but does include part of a building. 2025, c. 14, Sched. 1, s. 8. (3) Subsection (1) applies in the circumstance where work is not occurring on a provincial transit project, but a thing described in subsection (1) w…

27 (1) If, upon inspection, there is a thing described in subsection 26 (1) that, in the opinion of the Minister, poses an immediate danger to the health and safety of persons working on the construction, operation or maintenance of a provincial transit project or would pose such a danger if the circumstances in subsection 26 (3) exist, the Minister may enter the property and remove or otherwise eliminate the thing. 2025, c. 14, Sched. 1, s. 9. Notice (2) Before entering and removing or otherwise eliminating the thing, the Minister shall make reasonable efforts to notify the property owner, tenant or occupant. 2020, c. 12, s. 27 (2). Section Amendments with date in force (d/m/y) 2025, c. 14, Sched. 1, s. 9 - 27/11/2025

28 If the thing was not there in violation of section 3 or municipal by-laws, and got all legally required approvals, the Minister shall, (a) compensate the owner for the thing removed or eliminated and for any damages resulting from the work, and the procedure for determining compensation set out in section 42 applies; and (b) if the Minister carries out the work, after carrying out the work, (i) make reasonable efforts to restore the property to its conditions prior to the work, aside from the removal or elimination, and (ii) plant trees to replace any trees that were removed, and do so in accordance with, (A) any regulations on tree replacement, or (B) if there are not regulations on tree replacement, in accordance with the applicable municipal by-laws on tree replacement, with any necessary modifications.

29 The individual who carries out construction danger inspection and elimination shall, on request, (a) produce evidence of being authorized to do so; and (b) make reasonable efforts to explain what they are doing and why they are doing it.

30 The individual who carries out construction danger inspection and elimination may be accompanied by one or more individuals under their direction to assist with the construction danger inspection and elimination.

31 The individual who carries out construction danger inspection and elimination may request police assistance and a police officer who accepts the request may use whatever force is necessary to assist the construction danger inspection and elimination.

32 Unless the property owner has already been informed, after the construction danger inspection and elimination, the Minister shall make reasonable efforts to promptly inform the owner of, (a) the construction danger inspection and elimination; (b) the entitlement to compensation; and (c) the procedure for determining compensation.

33 (1) A person shall not hinder, obstruct or interfere with a construction danger inspection and elimination. Loss of compensation entitlement (2) A person who hinders, obstructs or interferes with the carrying out of a construction danger inspection and elimination loses any entitlement to compensation under section 28.

Preview inspection

34 (1) For the purpose of carrying out due diligence in planning, constructing, operating and maintaining a provincial transit project, the Minister may carry out a preview inspection, which consists of, (a) entering a property that the Minister does not otherwise have a right of entry to and that is at least partly either on transit corridor land or within 30 metres of transit corridor land; (b) making records of the property and surrounding area; and (c) conducting tests. 2020, c. 12, s. 34 (1); 2025, c. 9, Sched. 2, s. 3; 2025, c. 14, Sched. 1, s. 10. Dwelling (2) A preview inspection shall not take place in a dwelling. 2020, c. 12, s. 34 (2). Section Amendments with date in force (d/m/y) 2025, c. 9, Sched. 2, s. 3 - 05/06/2025; 2025, c. 14, Sched. 1, s. 10 - 27/11/2025

35 If the Minister conducts tests, after conducting the tests, the Minister shall, (a) compensate the owner for any damages resulting from the work, and the procedure for determining compensation set out in section 42 applies; and (b) make reasonable efforts to restore the property to its conditions prior to the work.

36 (1) The Minister shall provide advance notice of a preview inspection to the property owner at least 15 days in advance of the preview inspection. 2020, c. 12, s. 36 (1); 2025, c. 14, Sched. 1, s. 11. Contents (2) The advance notice shall be in writing and include the following information: 1. The intended date and approximate time of the preview inspection, with a statement that reasonable efforts will be made to have the preview inspection at a date and time that is mutually convenient. 2. The approximate duration of the preview inspection. 3. The purpose of the preview inspection. 4. The entitlement to compensation. 5. The procedure for determining compensation. 6. That if the owner obstructs the preview inspection, they lose their entitlement to compensation. 7. Contact information for further information. 2020, c. 12, s. 36 (2). Section Amendments with date in force (d/m/y) 2025,…

37 (1) The Minister shall make reasonable efforts to have the preview inspection take place at a date and time that is mutually convenient to the Minister and the owner. If no agreement (2) If no mutually convenient time is identified, the preview inspection shall be carried out, (a) during the regular business hours of the place; (b) if the place does not have regular business hours, at any time the place is open for business; or (c) at any time during daylight hours.

38 An individual who carries out the preview inspection shall produce, on request, evidence of being authorized to do so.

39 An individual who carries out the preview inspection may be accompanied by one or more individuals under their direction to assist with the preview inspection.

40 An individual who carries out the preview inspection is not entitled to use force to enter the property to carry out the preview inspection.

41 (1) A person shall not hinder, obstruct or interfere with a preview inspection. Loss of compensation entitlement (2) A person who hinders, obstructs or interferes with a preview inspection loses any entitlement to compensation under section 35.

Compensation

42 (1) This section sets out the procedure for determining compensation in relation to, (a) an agreement in response to an obstruction removal notice, if the agreement does not settle the compensation; (b) an obstruction removal; (c) a construction danger inspection and elimination; or (d) a preview inspection. 2020, c. 12, s. 42 (1). Particulars (2) The Minister may require a person who claims compensation to provide the Minister with a true statement showing the particulars of the person’s interest in the property and the claim made by the person. 2020, c. 12, s. 42 (2). Compensation dispute (3) If the Minister and the person do not agree on compensation, either of them may apply to the Ontario Land Tribunal to determine compensation. 2020, c. 12, s. 42 (3); 2021, c. 4, Sched. 6, s. 32 (1). Interest (4) The Tribunal may order interest on the compensation from when the work began at the…

43 If the owner is a municipality or a local board within the meaning of the Municipal Act, 2001 or the City of Toronto Act, 2006, then despite sections 18, 28, 35 and 42, (a) the Minister may compensate the owner for any damages resulting from the work, but does not have to; (b) if the Minister compensates the owner, the Minister shall decide the quantum of compensation and may provide only partial compensation; and (c) for greater certainty, the Minister is not required to compensate the owner for the thing altered, removed or eliminated, and the procedure for determining compensation set out in section 42 does not apply.

Part III Expropriation

44 (1) Subsections 6 (2) to (5), section 7 and subsections 8 (1) and (2) of the Expropriations Act do not apply to an expropriation of land, within the meaning of that Act, if, Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 44 (1) of the Act is amended by striking out “section 7 and subsections 8 (1) and (2)” in the portion before clause (a) and substituting “section 7, subsections 8 (1) and (2) and section 8.1”. (See: 2021, c. 4, Sched. 5, s. 6) (a) the land is at least partly on transit corridor land; and (b) the expropriation is for a provincial transit project. 2020, c. 12, s. 44 (1); 2025, c. 9, Sched. 2, s. 3. This section prevails (2) Subsection (1) of this section applies despite subsection 2 (4) of the Expropriations Act. 2020, c. 12, s. 44 (2). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 5, s. 6 - not in force 2025, c. 9, …

45 (1) The Minister may establish a process for receiving comments from property owners about a proposed expropriation and for considering those comments. How process established (2) The Minister may establish the process by regulation or by another means.

Part IV Utility Company Cooperation

46 (1) Metrolinx may by notice require a utility company to take up, remove or change the location of the utility company’s utility infrastructure if, in the opinion of Metrolinx, it is necessary for a provincial transit project. 2020, c. 12, s. 46 (1); 2025, c. 9, Sched. 2, s. 3. Form and service (2) The notice must be in writing and must be served personally, by registered mail or by email. 2020, c. 12, s. 46 (2). Deemed receipt (3) A notice sent by email is deemed to have been received on the first business day after the day it was sent, unless the utility company establishes that it, acting in good faith, did not receive the notice or received it on a later date because of a reason beyond its control, including absence, accident, disability or illness. 2020, c. 12, s. 46 (3). Section Amendments with date in force (d/m/y) 2025, c. 9, Sched. 2, s. 3 - 05/06/2025

47 After the utility company receives the notice, Metrolinx and the utility company shall enter reasonably promptly into negotiations to coordinate the taking up, removal or changing of the location.

48 The utility company shall make reasonable efforts to acquire any permits, approvals and property rights necessary to comply with the notice.

49 The notice shall specify the date by which the notice must be complied with, and the date shall be the date agreed on by Metrolinx and the utility company, or, in default of agreement, shall be at least 60 days after the notice is served.

50 (1) The utility company may apply to a judge of the Superior Court of Justice for an order altering the date specified in the notice to a later date. Notice (2) The utility company shall give Metrolinx such notice of the application as a judge of the Superior Court of Justice directs. Test and order (3) If the judge finds that the physical, technical or other difficulties in complying with the notice require additional time, the judge may make whatever order is appropriate.

51 (1) Metrolinx and the utility company may agree on the apportionment of the actual cost of the work. If no agreement (2) If no agreement is reached, Metrolinx must bear the actual cost of the work.

Part V Municipal service and right of way access

52 Metrolinx may determine that, (a) the construction, operation or maintenance of a provincial transit project requires municipal service and right of way access in the form of the use, alteration, relocation, occupation, modification or temporary closure of, or access or connection to, a municipal highway or municipal right of way; or (b) the construction, operation or maintenance of a provincial transit project requires municipal service and right of way access in the form of the use, alteration, relocation or modification of, or access or connection to, (i) any building or infrastructure that is under municipal ownership or control and is related to sewage works, bridges, tunnels, life safety systems in buildings, water works, fire hydrants or any other prescribed infrastructure, and (ii) municipal services related to that building or infrastructure. 2025, c. 14, Sched. 1, s. 12. Sec…

53 Metrolinx may notify a municipality that municipal service and right of way access is required.

54 The notice shall be in writing and include the following information: 1. The particulars of what municipal service and right of way access is required. 2. The date that the municipal service and right of way access is required by.

55 After the municipality receives the notice, Metrolinx and the municipality shall enter reasonably promptly into negotiations to agree on terms for the municipal service and right of way access.

56 If, in the Minister’s opinion, Metrolinx and the municipality will not be able to agree on terms for the municipal service and right of way access even though Metrolinx made reasonable efforts to reach an agreement, the Minister may at any time develop a municipal service and right of way access order as follows: 1. The Minister shall consult with Metrolinx and the municipality. 2. The consultation shall occur in the manner that, in the Minister’s opinion, is appropriate. 3. The Minister may require Metrolinx and the municipality to produce information that, in the Minister’s opinion, the Minister requires to develop the order. 4. The Minister may obtain technical or other advice on the development of the municipal service and right of way access order.

57 (1) The Minister may make a municipal service and right of way access order developed under section 56 requiring the municipal service and right of way access described in the notice given under section 53, and Metrolinx and the municipality shall comply with it. 2020, c. 12, s. 57 (1); 2025, c. 14, Sched. 1, s. 13. Terms (2) The order may require the municipality to provide the municipal service and right of way access set out in the order, and set terms governing Metrolinx and the municipality in respect of the municipal service and right of way access, which may include the following: 1. Implementation of adequate measures to mitigate the impact on the public of the municipal service and right of way access. As an option, the measures may include notification to the municipality and the public of matters concerning the municipal service and right of way access. 2. Provision of reso…

58 (1) The Minister may determine that a municipal service and right of way access order needs to be revised or cancelled. Notice that revising or cancelling required (2) If the Minister determines that the order needs to be revised or cancelled, the Minister shall notify Metrolinx and the municipality. Contents (3) The notice shall be in writing and shall include the following information: 1. The particulars of why the order needs to be revised or cancelled, and if revision is required, what sort of revision is required. 2. The date that the revision or cancellation is to take effect. Negotiation, development and terms (4) Sections 55 to 57 apply, with necessary modifications, to the revision or cancellation of the order.

Part VI Administration

59 (1) The Minister may, by regulation, delegate their functions under this Act in whole or in part to any of the following entities, subject to any conditions and restrictions set out in the regulation: 1. Metrolinx. 2. A public body, within the meaning of the Public Service of Ontario Act, 2006, that is prescribed for the purpose of this section by the Lieutenant Governor in Council. 3. The Deputy Minister of the Ministry or any other person employed in the Ministry. 2020, c. 12, s. 59 (1); 2025, c. 14, Sched. 1, s. 14 (1). Exceptions (2) Subsection (1) does not apply to the following functions: 1. The Minister’s authority to make and approve regulations. 2. The Minister’s authority to issue directives. 3. Repealed: 2025, c. 14, Sched. 1, s. 14 (2). 2020, c. 12, s. 59 (2); 2025, c. 14, Sched. 1, s. 14 (2). Section Amendments with date in force (d/m/y) 2025, c. 14, Sched. 1, s. 14 (1, 2…

60 (1) The Minister may issue directives in writing to, (a) Metrolinx, in respect of any matter under this Act; or (b) a prescribed public body under section 59, in respect of any function delegated to that prescribed public body. Implementation, Metrolinx (2) Metrolinx’s board of directors shall ensure the directives to Metrolinx are implemented promptly and efficiently. Same, prescribed public body (3) The board of directors of a prescribed public body under section 59 shall ensure the directives to the public body are implemented promptly and efficiently, and if the public body does not have a board of directors, the directing minds of the public body shall do so. Directive not a regulation (4) A directive is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.

61 (1) Metrolinx may delegate its functions under Part IV to another entity engaged by Metrolinx to plan or construct a provincial transit project if the other entity consents, subject to any conditions and restrictions set out in the delegation. 2020, c. 12, s. 61 (1); 2025, c. 9, Sched. 2, s. 3. Revocation (2) Metrolinx may revoke the delegation at its discretion at any time. 2020, c. 12, s. 61 (2). Exception (3) Metrolinx may not delegate to the other entity Metrolinx’s function of forming an opinion for the purpose of subsection 46 (1) as to what is necessary for a provincial transit project. 2020, c. 12, s. 61 (3); 2025, c. 9, Sched. 2, s. 3. Clarification (4) For greater certainty, Metrolinx may not delegate to the other entity Metrolinx’s functions under sections 68 and 69. 2020, c. 12, s. 61 (4). Section Amendments with date in force (d/m/y) 2025, c. 9, Sched. 2, s. 3 - 05/06/202…

62 (1) The Lieutenant Governor in Council may, by order in council, designate land as transit corridor land if, in the opinion of the Lieutenant Governor in Council, it is or may be required for a provincial transit project. 2020, c. 12, s. 62 (1); 2025, c. 9, Sched. 2, s. 3. Different designations for different purposes (2) The Lieutenant Governor in Council may designate the land for some of the purposes of this Act and not others, and may later further designate the land for other purposes of this Act. 2020, c. 12, s. 62 (2) Notice and registration (3) Upon land being designated as transit corridor land, the Minister shall, (a) make reasonable efforts to notify the owners and occupants of land that is at least partly either on transit corridor land or within 30 meters of transit corridor land of, (i) the designation, and (ii) this Act; and (b) either, (i) register a notice of designat…

63 (1) The Minister may establish a review process with respect to permits. Notification (2) If a review process has been established, the Minister shall ensure that notifications of decisions with respect to permits are accompanied with a notice of what the review process is. Fees (3) The Minister may set fees for the review process.

Part VII Enforcement

Stop-Work Order

64 (1) The Minister may order work described in section 3 to stop, and every person to whom the order is issued shall comply with the order. Exception (2) The Minister shall not order the following work to stop under subsection (1): 1. Work authorized by a permit and carried out in accordance with that permit. 2. Work that, under sections 7 to 10, does not need a permit.

65 A stop-work order shall be in writing and include the following information: 1. What work must stop. 2. The consequences of failing to comply with the order, including the associated offence and potential fine.

66 (1) A stop-work order shall be provided to the persons to whom it is issued personally or by registered mail. Deemed receipt (2) A stop-work order sent by registered mail is deemed to be received on the second business day after it was mailed. Failure to receive document (3) Subsection (2) does not apply if the person establishes that they, acting in good faith, did not receive the stop-work order or received it on a later date because of a reason beyond the person’s control, including absence, accident, disability or illness.

67 A stop-work order may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court.

Utility Company Cooperation Enforcement

68 If a utility company fails to comply with a notice under section 46 or an order under section 50, a judge of the Superior Court of Justice may, on an application made by Metrolinx, (a) order the utility company to comply; or (b) authorize Metrolinx to carry out the work described in the notice.

69 (1) A utility company shall compensate Metrolinx for a loss or expense incurred because the utility company failed to comply with a notice under section 46 or an order under section 50. 2020, c. 12, s. 69 (1). Agreement as to compensation (2) Metrolinx and the utility company may agree upon the compensation. 2020, c. 12, s. 69 (2). If no agreement (3) If no agreement is reached, a claim for compensation under this section shall be determined by the Ontario Land Tribunal on application by Metrolinx. 2020, c. 12, s. 69 (3); 2021, c. 4, Sched. 6, s. 32 (1). Amounts not compensable (4) The compensation that Metrolinx is entitled to under subsection (1) does not include, (a) if the utility company carries out the work, the actual cost of the utility company’s work that is apportioned to Metrolinx under subsection 51 (1) or the actual cost of the utility company’s work that subsection 51 (2…

Municipal Service and Right of Way Access Order Enforcement

70 A municipal service and right of way access order may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court.

Inspections

71 (1) For the purpose of ensuring that a permit or stop-work order is being complied with, the Minister may enter and inspect the property that the permit or stop-work order relates to. Dwellings (2) The inspection shall not take place in a dwelling.

72 The inspection shall be carried out, (a) during the regular business hours of the place; (b) if the place does not have regular business hours, at any time the place is open for business; or (c) at any other time during daylight hours, upon giving two days notice.

73 An individual who carries out the inspection shall produce, on request, evidence of being authorized to do so.

74 An individual who carries out the inspection is not entitled to use force to enter and carry out the inspection.

75 A person shall not hinder, obstruct or interfere with the inspection.

Warrants

76 (1) A justice of the peace may issue a warrant authorizing an individual named in the warrant to enter property specified in the warrant to carry out an inspection under section 71 or to carry out a preview inspection or an obstruction removal, if the justice of the peace is satisfied on information under oath that, (a) an individual has been prevented from carrying out an inspection under section 71, a preview inspection or an obstruction removal; (b) there are reasonable grounds to believe that an individual will be prevented from carrying out an inspection under section 71, a preview inspection or an obstruction removal; or (c) in the case of an obstruction removal, it is more reasonable to carry out the obstruction removal at times other than only during daylight hours than it is to carry it out only during daylight hours. Expiry of warrant (2) The warrant shall state a date that …

Part VIII Administrative Penalties Administrative penalties

77 (1) The purpose of an administrative penalty imposed under this section is, (a) to ensure compliance with prescribed provisions of this Act and the regulations; or (b) to prevent a person or entity from deriving, directly or indirectly, any economic benefit as a result of contravening the prescribed provisions. 2020, c. 12, s. 77 (1). Order imposing administrative penalties (2) If the Minister is satisfied that a person is contravening or not complying with a prescribed provision of this Act or the regulations, the Minister may, by order, impose an administrative penalty on the person in accordance with this section and the regulations. 2020, c. 12, s. 77 (2). Maximum administrative penalty (3) An administrative penalty shall not exceed a maximum of $500,000 or such lesser amount as may be prescribed. 2020, c. 12, s. 77 (3). Limits on administrative penalty (4) Despite the maximum adm…

Part IX Offences Offences

78 (1) Every person who contravenes section 3 or the terms and conditions of a permit is guilty of an offence. Obstruct an obstruction removal (2) Every person who contravenes subsection 25 (1) is guilty of an offence. Obstruct construction danger inspection and elimination (3) Every person who contravenes subsection 33 (1) is guilty of an offence. Obstruct preview inspection (4) Every person who contravenes subsection 41 (1) is guilty of an offence. Fail to comply with stop-work order (5) Every person who fails to comply with subsection 64 (1) is guilty of an offence. Obstruct inspection (6) Every person who contravenes section 75 is guilty of an offence.

79 A person who is guilty of an offence under section 78 is liable on conviction, (a) in the case of an individual, (i) for a first offence, to a fine of not more than $50,000 plus not more than an additional $10,000 for each day on which the offence continues after the day it commences, or (ii) for a second or subsequent conviction for that offence, to a fine of not more than $100,000 plus not more than an additional $10,000 for each day on which the offence continues after the day it commences; or (b) in the case of a corporation, (i) for a first offence, to a fine of not more than $500,000 plus not more than an additional $10,000 for each day on which the offence continues after the day it commences, or (ii) for a second or subsequent conviction for that offence, to a fine of not more than $1,000,000 plus not more than an additional $10,000 for each day on which the offence continues …

Part X Miscellaneous

80 (1) Except as otherwise provided under this Act, a notice, order or document that is required to be given or served on a person under this Act is sufficiently given or served if it is, (a) delivered directly to the person; (b) sent by registered mail to the person’s last known address; (c) sent by email to the person’s last known email address; or (d) given by other means specified by the regulations. Deemed receipt (2) Subject to subsection (3), (a) a document sent under clause (1) (c) is deemed to have been received on the first business day after the day it was sent; and (b) a document sent under clause (1) (d) is deemed to have been received on the day specified by the regulations. Failure to receive document (3) Subsection (2) does not apply if the person establishes that they, acting in good faith, did not receive the document or received it on a later date because of a reason b…

81 The Statutory Powers Procedure Act does not apply to: 1. A review of a decision with respect to permits under section 11. 2. A process for receiving and considering comments about a proposed expropriation under section 45. 3. A review of an administrative penalty under section 77.

82 (1) No cause of action arises against the persons or entities described in subsection (2) in respect of, (a) the enactment of this Act; (b) the making of a regulation; (c) the making of a designation under section 62; (d) the granting or denial of a permit, the setting of terms and conditions of a permit, the changing of terms and conditions of a permit, the cancellation of a permit or the imposition or non-imposition of a permit; (e) the making of a stop-work order; or (f) the issuance of a directive under section 60. Persons or entities (2) The persons and entities referred to in subsection (1) are, (a) the Crown, any current or former member of the Executive Council and any current or former employee or agent of or adviser to the Crown; (b) Metrolinx, any current or former director of Metrolinx and any current or former employee of or agent to or adviser to Metrolinx; (c) a prescri…

83 Nothing described in clauses 82 (1) (b) to (f), and no obstruction removal, construction danger inspection and elimination or preview inspection constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. Regulations

84 (1) The Lieutenant Governor in Council may make regulations, (0.a) prescribing transit projects for the purpose of the definition of “priority transit project”; (a) prescribing public bodies for the purpose of section 59 and governing and providing for other matters relating to the prescribing of public bodies for the purpose of section 59; (b) governing administrative penalties that may be imposed under section 77, and, without limiting the foregoing, may make regulations, (i) prescribing provisions of this Act and of the regulations for the purpose of subsection 77 (2), except for provisions under Part IV or V, sections 68 to 70 or regulations in respect of those provisions, (ii) prescribing individuals for the purpose of subsection 77 (8), (iii) providing that, if the Minister has delegated their functions under section 77 to Metrolinx, Metrolinx may appoint employees of Metrolinx …

85, 86 Omitted (amends, repeals or revokes other legislation). Part XII (OMITTED)

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

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