Building Highways Faster Act, 2024

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Sections27

• [s0]

  Purpose and Interpretation

• 1Purpose

  1 The purpose of this Act is to expedite the construction of priority highway projects by streamlining and supplementing existing processes in order to alleviate delays to the timely completion of such highway projects.

• 2Interpretation

  2 In this Act, “actual costs”, in respect of the costs of work carried out by a utility company to comply with a notice issued under section 4, 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 ne…

• [s3]

  Expropriations

• 3No adjustment of date of possession

  3 (1) Despite subsection 39 (3) of the Expropriations Act, a registered owner may not apply under that provision for an adjustment of the date of possession specified in a notice of possession if the Minister expropriated the land under the Public Transportation and Highway Improvement Act for the purposes of a priority highway project. Transition (2) An application referred to in subsection (1) that was made by a registered owner on or after the day the Reducing Gridlock, Saving You Time Act, 2024 received first reading but before the day this Act came into force is terminated on the day this Act came into force if the application was not disposed of before that day.

• [s5]

  Utilities and Other Infrastructure

• 4Notice to take up, remove or change location of utility infrastructure

  4 (1) The Minister may by notice require a utility company to take up, remove or change the location of utility infrastructure if, in the opinion of the Minister, the taking up, removing or changing in location is for the purposes of a priority highway project. Requirements for notice (2) The notice issued under subsection (1) shall be in writing and include the following information: 1. The name of the priority highway project for which the notice is being given. 2. A description of the utility infrastructure that needs to be taken up, removed or changed in location. 3. The date by which the work must be completed. 4. A statement that written submissions may be made to the Minister within 15 days after receiving the notice or by such later date as is specified in the notice, and instructions on how to submit written submissions. 5. A statement that the notice is issued pursuant to this …

• 5Minister may cause work to be done

  5 (1) Where a notice is issued under subsection 4 (1) or amended under subsection 4 (4), the Minister may cause any work required by the notice to be done if the utility company fails to do the work by the date specified in the notice or amended notice. Notice of intent to cause work to be done (2) The Minister shall provide notice, in advance of any work to be done pursuant to subsection (1), to the utility company to whom the notice was issued and to the property owner. Contents (3) A notice under subsection (2) shall be in writing and include the date and approximate time of the work.

• 6Compensation by Minister

  6 If the utility company completes the work required by the notice issued under subsection 4 (1) or amended under subsection 4 (4), the Minister shall compensate the utility company for the actual costs of doing the work.

• 7Compensation by company

  7 (1) If the Minister causes any work to be done pursuant to subsection 5 (1), the utility company shall compensate the Minister for the value of any loss or expense incurred by the Minister resulting from the failure of the utility company to comply with the notice. Actual cost of work not included (2) For greater certainty, the value referred to in subsection (1) does not include the actual cost of doing the work required by the notice.

• 8Supplying information re infrastructure

  8 (1) The Minister may make a request to a person for information concerning infrastructure that the person owns or operates that may be affected by a priority highway project. Disclosing information (2) A person who receives a request under subsection (1) shall supply the information no later than 15 days after receiving the request or at such later time as may be specified in the request. Information maintained in confidence (3) The Minister and every person employed in the Ministry that has access to information supplied under this section shall maintain it in confidence. Exception (4) Despite subsection (3), the Minister or a person employed in the Ministry that has access to information supplied under this section may disclose it, (a) if the person who supplied the information consents to its disclosure; (b) if the disclosure is necessary for the purposes of the planning, design or …

• [s11]

  Site Inspections

• 9Site inspection

  9 (1) Subject to subsection (2), the Minister or any person authorized by him or her may enter any property for the purposes of carrying out a site inspection to support the planning, design or construction of a priority highway project, and for this purpose may, (a) make records of the property and surrounding area; (b) take samples; (c) conduct tests or surveys; (d) assemble, install, place or leave monitoring equipment on the property to collect information or make records; and (e) alter in any manner any natural or artificial feature of the property to carry out the activities in clauses (a) to (d). Dwelling (2) A site inspection shall not take place in a dwelling. Compensation and restoration (3) If the Minister or any person authorized by him or her does one or more of the things mentioned in clause (1) (b), (c), (d) or (e), after doing so the Minister shall, (a) compensate the pro…

• 10Advance notice

  10 (1) The Minister shall provide advance notice of a site inspection to the property owner at least 15 days before the site inspection. Contents (2) The advance notice shall be in writing and include the following information: 1. The intended date and approximate time of the site inspection, with a statement that reasonable efforts will be made to have the site inspection at a date and time that is mutually convenient. 2. The approximate duration of the site inspection. 3. The purpose of the site inspection. 4. That the property owner may be entitled to compensation and the procedure for determining compensation. 5. That obstructing a site inspection or interfering with any equipment used for a site inspection is an offence under this Act. 6. Contact information for further information. Date and time (3) The Minister shall make reasonable efforts to have a site inspection take place at …

• 11Compensation

  11 (1) This section sets out procedures in respect of obtaining compensation in relation to a site inspection. Notice to property owner (2) Where a site inspection was carried out under section 9, the Minister shall, within 60 days after its conclusion, give notice to the property owner describing the site inspection that was carried out, the land affected by it and the efforts made to restore the property, and stating that the property owner may file a claim for compensation with the Ministry within six months after the date of the notice. Particulars (3) The Minister may require a property owner who claims compensation to provide the Minister with a true statement showing the particulars of the property owner’s interest in the property and of the claim. No compensation (4) There is no obligation to compensate the property owner for any damages resulting from a site inspection where not…

• 12Offence

  12 (1) Every person is guilty of an offence who hinders, obstructs or interferes with the Minister, any person authorized by the Minister or any person described in subsection 10 (6) from carrying out a site inspection under section 9. Same (2) Every person is guilty of an offence who hinders, obstructs or interferes with the Minister, any employee in the Ministry or a person acting on behalf of any of them in taking possession of land that is vested in the Crown and which the Minister has the right to possess for the purposes of a priority highway project. Same (3) Every person is guilty of an offence who damages, alters, tampers with, removes or destroys any equipment installed, placed or left upon land under clause 9 (1) (d). Penalties (4) A person who is guilty of an offence under subsection (1), (2) or (3) is liable on conviction, (a) in the case of an individual, (i) for a first of…

• 13Order for entry or possession

  13 (1) A justice of the peace may issue an order authorizing a person named in the order to enter property specified in the order to do anything authorized under subsection 9 (1) or to take possession of land that is vested in the Crown and that the Minister has the right to possess for the purposes of a priority highway project if the justice is satisfied, on information under oath, that there are reasonable grounds to believe that, (a) it is appropriate for a person to do the things authorized under subsection 9 (1) or the Minister is entitled to take possession of the land, as the case may be; and (b) the person may not be able to carry out his or her duties effectively without an order under this section because, (i) no occupier is present to grant access to a place that is locked or otherwise inaccessible, (ii) another person has prevented or may prevent the person from doing the th…

• [s17]

  Designation of Priority Highway Projects

• 14Delivery of goods and services to facilitate 24 hour construction

  14 (1) If a priority highway project is designated by a regulation for the purposes of this section, a restriction imposed in a municipal by-law that prevents or restricts a person from delivering goods or services to the priority highway project, including a restriction relating to noise or the use of highways under the jurisdiction of the municipality, is inoperative to the extent that it would prevent or restrict the delivery of the goods or services. Same (2) Despite subsection (1), the following restrictions continue to apply in respect of the delivery of goods and services to the designated priority highway project: 1. A restriction that establishes a weight restriction on a bridge, culvert or other similar structure. 2. A restriction that establishes a speed limit. 3. A restriction that prohibits the use of a highway under the jurisdiction of the municipality by vehicular traffic …

• [s19]

  Miscellaneous

• 15Providing a document

  15 (1) A notice or request provided or made by the Minister under section 4, 5, 8, 10 or 11 is sufficiently provided or made if it is, (a) delivered directly to the person; (b) left at the person’s last known address, in a place that appears to be for incoming mail or with an individual who appears to be 16 years old or older; (c) sent by regular mail to the person’s last known address; (d) sent by commercial courier to the person’s last known address; or (e) provided by other prescribed means. Deemed receipt (2) For the purposes of subsection (1), (a) a document left under clause (1) (a) or (b) is deemed to have been received on the first business day after it was left; (b) a document sent under clause (1) (c) is deemed to have been received on the fifth business day after the day it was mailed; (c) a document sent under clause (1) (d) is deemed to have been received on the second busin…

• 16No expropriation, injurious affection

  16 Nothing referred to in section 3, 4, 5, 9 or 18 constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

• 17No personal liability

  17 (1) No cause of action arises against any person referred to in subsection (2) for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. Same (2) The persons for the purposes of subsection (1) are, (a) any current or former, (i) member of the Executive Council; (ii) Deputy Minister of the Ministry; (iii) employee, officer or agent of the Crown; and (b) any current or former employee, officer or director of an independent contractor providing services to the Crown for the purposes of this Act, including services to assist with work caused to be done under section 5 or with a site inspection under section 9. Crown remains vicariously liable (3) Despite …

• 18Regulations, Lieutenant Governor in Council

  18 The Lieutenant Governor in Council may make regulations prescribing highway projects for the purposes of the definition of “priority highway project” in section 2.

• 19Regulations, Minister

  19 The Minister may make regulations, (a) prescribing a rate for the purposes of subsection 11 (6); (b) designating priority highway projects or parts of priority highway projects for the purposes of subsection 14 (1); (c) prescribing restrictions for the purposes of paragraph 5 of subsection 14 (2); (d) prescribing other means of providing notice for the purposes of clause 15 (1) (e) and the day of deemed receipt for the purposes of clause 15 (2) (d).

• 20

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

• 21

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