hordruma/ontario_laws_and_regs huggingface dataset:
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Transfer of corridor land to the Crown
114.2 (1) The fee simple interest in the following real property is hereby transferred to Her Majesty in right of Ontario: 1. All real property in Ontario that Hydro One Inc. or a subsidiary of Hydro One Inc. owned, directly or indirectly, in fee simple on the effective date that was used for the purposes of a transmission system on the effective date or was acquired before that date for the purposes of a transmission system. 2. All real property in Ontario that Hydro One Inc. or a subsidiary of Hydro One Inc. owned, directly or indirectly, in fee simple on the effective date that abuts real property described in paragraph 1.  2002, c. 1, Sched. A, s. 23. Exceptions (2) Buildings, structures and equipment on corridor land are not transferred to Her Majesty in right of Ontario by subsection (1).  2002, c. 1, Sched. A, s. 23. Compensation (3) No compensation of any kind is payable in respect of a transfer made by this section; however, the statutory right to use the land is given in exchange for the transfer.  2002, c. 1, Sched. A, s. 23. Non-application of Expropriations Act (4) The Expropriations Act does not apply with respect to a transfer made by this section or with respect to a subsequent transfer by Her Majesty in right of Ontario of the real property described in this section, despite section 2 of that Act.  2002, c. 1, Sched. A, s. 23. Evidence of transfer (5) In a document registered on title in a land titles office or registry office, a statement that real property described in the document was transferred to Her Majesty in right of Ontario by this section, and any other statement in the document relating to the transfer, shall be deemed to be conclusive evidence of the facts stated.  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Effect of transfer to the Crown
114.3 (1) The transfer made by section 114.2 is binding on all persons and entities and,  (a) shall be deemed not to constitute a breach, termination, repudiation or frustration of any contract, including a contract of insurance; (b) shall be deemed not to constitute an event of default or force majeure or a basis for any party to a contract to refuse to provide services under the contract; (c) shall be deemed not to give rise to a breach, termination, repudiation or frustration of any licence, permit or other right; (d) shall be deemed not to give rise to any right to terminate or repudiate a contract, licence, permit or other right; and (e) shall be deemed not to give rise to any estoppel.  2002, c. 1, Sched. A, s. 23. Same (2) The transfer made by section 114.2 does not create any new cause of action in favour of, (a) a holder of a debt instrument that was issued by Hydro One Inc. before the transfer; or (b) a party to a contract with Hydro One Inc. or any of its subsidiaries that was entered into before the transfer.  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Effect of transfer on leases, etc., affecting corridor land
114.4 (1) The transfer made by section 114.2 does not affect any right or interest of a person in the corridor land that is subordinate to the fee simple interest.  2002, c. 1, Sched. A, s. 23. Same (2) Despite the transfer made by section 114.2, Hydro One Inc. and its subsidiaries continue to have the benefit of, and be subject to all obligations under, any lease or agreement entered into or licence obtained before the effective date that affects corridor land or any easement or right created before the effective date with respect to corridor land.  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Statutory right to use corridor land
114.5 (1) The person or entity from whom corridor land is transferred by section 114.2 has a right to use the land to operate a transmission system or distribution system.  2002, c. 1, Sched. A, s. 23. Duty to maintain (2) The person or entity who has the right created by subsection (1) has a duty to maintain the corridor land at his, her or its own expense, including repairing or replacing buildings, equipment and structures on the land that are used by the person or entity, or used with his, her or its permission, if a prudent person would repair or replace them.  2002, c. 1, Sched. A, s. 23. Same (3) The Minister of Infrastructure may direct the person or entity who has the right created by subsection (1) to engage in such additional activities to maintain the corridor land at his, her or its own expense as the Minister of Infrastructure considers appropriate.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Exception (4) The person or entity who has the right created by subsection (1) is not required to maintain corridor land that is being used for a purpose other than the operation of a transmission system or distribution system, unless it is being used for that purpose with the permission of the person or entity.  2002, c. 1, Sched. A, s. 23. Taxes, etc. (5) The Land Transfer Tax Act and such other statutes or provisions of statutes or regulations as may be prescribed do not apply with respect to the right created by subsection (1).  2002, c. 1, Sched. A, s. 23. Status of right (6) The right created by subsection (1) is an easement.  2002, c. 1, Sched. A, s. 23. Binding (7) The right created by subsection (1) is binding on all persons and entities.  2002, c. 1, Sched. A, s. 23. Evidence of right (8) In a document registered on title in a land titles office or registry office, a statement that a person or entity has a right created by subsection (1) to use real property described in the document for the purposes described in subsection (1), and any other statement in the document relating to the right, shall be deemed to be conclusive evidence of the facts stated.  2002, c. 1, Sched. A, s. 23. Payment to holder of right (9) If Her Majesty in right of Ontario uses corridor land or if a person or entity to whom Her Majesty in right of Ontario transfers corridor land uses it, the Minister of Infrastructure shall make payments from the Consolidated Revenue Fund to the person or entity who has the right created by subsection (1) with respect to such incremental costs incurred by the person or entity in the operation of a transmission system or distribution system as may be prescribed by regulation.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002 2011, c. 9, Sched. 27, s. 23 (4) - 06/06/2011
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Primacy of use for transmission or distribution system
114.6 (1) A person or entity who owns corridor land shall not use it in such a way that the level of service provided by a transmission or distribution system owned by the person or entity who has the statutory right to use the land is reduced.  2002, c. 1, Sched. A, s. 23. Expansion of use for transmission system or distribution system (2) If, under Part VI of the Ontario Energy Board Act, 1998, the Board authorizes a person or entity who has the statutory right to use corridor land to expand a transmission system or distribution system on the land, the Board may make an order described in this section if the Board considers it to be in the public interest to do so.  2002, c. 1, Sched. A, s. 23. Order re other uses (3) The Board may order the owner of the corridor land to restrict or discontinue any use of the land that interferes with the expansion of the transmission system or distribution system as authorized under Part VI of the Ontario Energy Board Act, 1998.  2002, c. 1, Sched. A, s. 23. Restriction (4) The Board shall not make an order under subsection (3) to restrict or discontinue a  use of the land if the Board determines that the expansion of the transmission system or distribution system can be reasonably accommodated without the restriction or without discontinuing the use, as the case may be.  2002, c. 1, Sched. A, s. 23. Order re incremental costs (5) The Board may order the owner of the corridor land to reimburse the person or entity seeking the expansion of the transmission system or distribution system for such incremental costs as the Board considers appropriate that are incurred by the person or entity in order to accommodate the other uses of the land.  2002, c. 1, Sched. A, s. 23. Effect of agreement (6) If an owner of corridor land and the person or entity who has the statutory right to use the land enter into an agreement governing the expansion of a transmission system or distribution system on the land or the use of the land, the Board shall not make an order under this section that is inconsistent with the agreement.  2002, c. 1, Sched. A, s. 23. Status of agreement (7) An agreement described in subsection (6) may be registered on title in the applicable land titles office or registry office and, when it is registered, it is binding on all persons and entities.  2002, c. 1, Sched. A, s. 23. Status of orders (8) The Ontario Energy Board Act, 1998 applies with respect to an order made under this section as if the order had been made under that Act.  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Duty re use of corridor land
114.7 A person or entity who has the statutory right to use corridor land shall, to the extent practicable, ensure that the design and construction of any transmission system on the land maximizes the area available for other uses.  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Directions re location of buildings, etc.
114.8 (1) The Minister of Infrastructure may give directions to a person or entity who has the statutory right to use corridor land in respect of the location on the land of any proposed building, structure or equipment or of any proposed expansion of a building, structure or equipment, and the person or entity shall comply with the directions.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Restriction (2) The Minister of Infrastructure shall not give a direction under this section that would have the effect of reducing the level of service provided by a transmission or distribution system owned by the person or entity who has the statutory right to use the corridor land.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Duty to obtain authorizations, etc. (3) A direction by the Minister of Infrastructure under this section does not relieve the person or entity from the obligation to obtain such authorizations and consents as may be required by law, and the person or entity shall make reasonable efforts to obtain them.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Compensation (4) If the Minister of Infrastructure directs that the construction or expansion must be located in a different place than the person or entity proposed, the Minister of Infrastructure shall pay the reasonable incremental costs associated with the direction.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Procedural matters (5) The person or entity who proposes to construct or expand a building, structure or equipment on corridor land shall comply with such requirements as may be prescribed concerning notice to the Minister of Infrastructure and information to be given to him or her.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Effect of non-compliance (6) A person or entity who fails to comply with this section shall remove the building, structure or equipment when given notice to do so by the Minister of Infrastructure and shall do so at his, her or its own expense.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002 2011, c. 9, Sched. 27, s. 23 (4) - 06/06/2011
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Relocation of buildings, etc.
114.9 (1) The Minister of Infrastructure may direct a person or entity who has the statutory right to use corridor land and who owns a building, structure or equipment located on the land to move it, and may impose conditions or restrictions with respect to the direction.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Restriction (2) The Minister of Infrastructure shall not give a direction under this section that would have the effect of reducing the level of service provided by a transmission or distribution system owned by the person or entity who has the statutory right to use the corridor land.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Duty to obtain authorizations, etc. (3) A direction by the Minister of Infrastructure under this section does not relieve the person or entity from the obligation to obtain such authorizations and consents as may be required by law to relocate the building, structure or equipment, and the person or entity shall make reasonable efforts to obtain them.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Compliance (4) After obtaining all authorizations and consents otherwise required by law, the person or entity shall comply with the direction, and the Minister of Infrastructure shall pay the person’s or entity’s reasonable costs of complying with the direction.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Effect of non-compliance (5) A person or entity who fails to comply with this section shall remove the building, structure or equipment when given notice to do so by the Minister of Infrastructure and shall do so at his, her or its own expense.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002 2011, c. 9, Sched. 27, s. 23 (4) - 06/06/2011
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Cessation of use for transmission system, etc.
114.10 (1) This section applies if a person or entity who has the statutory right to use corridor land decides that the land is not needed for the purposes of a transmission system or distribution system.  2002, c. 1, Sched. A, s. 23. Duty to notify (2) The person or entity who has the statutory right to use the land shall give written notice to the Minister of Infrastructure that it is not needed for the purposes of a transmission system or distribution system.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Same (3) The notice must contain such information as may be prescribed by regulation and must be given in a manner authorized by regulation.  2002, c. 1, Sched. A, s. 23. Transfer of statutory right (4) The Minister of Infrastructure may require the person or entity to transfer to Her Majesty in right of Ontario the statutory right to use the land described in the written notice.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Payment for transfer (5) No amount is payable for the transfer of the statutory right required under subsection (4).  2002, c. 1, Sched. A, s. 23. Taxes, etc. (6) The Land Transfer Tax Act and such other statutes or provisions of statutes or regulations as may be prescribed do not apply with respect to a transfer required under subsection (4).  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002 2011, c. 9, Sched. 27, s. 23 (4) - 06/06/2011
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Disposition of statutory right
114.11 (1) A person or entity who has the statutory right to use corridor land may dispose of it and shall give prior written notice to the Minister of Infrastructure when disposing of the right.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Same (2) The notice must contain such information as may be prescribed by regulation.  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002 2011, c. 9, Sched. 27, s. 23 (4) - 06/06/2011
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Restriction on expropriation by holder of statutory right
114.12 (1) A person or entity who has the statutory right to use corridor land is not permitted to expropriate the land under section 99 of the Ontario Energy Board Act, 1998.  2002, c. 1, Sched. A, s. 23. Expropriation of statutory right (2) Nothing in this Part restricts the expropriation under any Act of the statutory right to use corridor land.  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Transfer of ownership by Crown to person with statutory right
114.13 (1) The Minister of Infrastructure, on behalf of Her Majesty in right of Ontario, may transfer the fee simple interest in all or any part of the corridor land to a  person or entity who has the statutory right to use the land and the Minister of Infrastructure may do so with or without the consent of the person or entity.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Restriction re encumbrances (2) The Minister of Infrastructure shall not make a transfer under subsection (1) if the corridor land is subject to encumbrances created with the consent of Her Majesty in right of Ontario that are greater than those to which it was subject on the effective date, unless the person or entity who has the statutory right to use the land consents to the transfer.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Restriction re condition of land (3) The Minister of Infrastructure shall not make a transfer under subsection (1) if the condition of the corridor land has been significantly changed since the effective date with the consent of Her Majesty in right of Ontario, unless the person or entity who has the statutory right to use the land consents to the transfer.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Payment for transfer (4) The amount payable by the person or entity for the transfer is the fair market value of the corridor land on the effective date.  2002, c. 1, Sched. A, s. 23. Termination of right (5) Immediately before the transfer, the statutory right of the person or entity under this Part to use the land is terminated.  2002, c. 1, Sched. A, s. 23. Payment for termination of right (6) The amount payable to the person or entity upon the termination of the statutory right is the fair market value of the corridor land on the effective date.  2002, c. 1, Sched. A, s. 23. Taxes, etc. (7) The Land Transfer Tax Act and such other statutes or provisions of statutes or regulations as may be prescribed do not apply with respect to the transfer described in subsection (1) or the termination of the right.  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002 2011, c. 9, Sched. 27, s. 23 (4) - 06/06/2011 General
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Duty to provide records, information and reports
114.14 (1) A person or entity who has an interest in, or has entered into an agreement to use, corridor land or a building, structure or equipment located on corridor land shall give the Minister of Infrastructure, upon request, such records, information and reports as he or she may specify with respect to the land and the use of the land, building, structure or equipment and shall do so within the time specified by the Minister of Infrastructure.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Use of records, information and reports (2) The Minister of Infrastructure may use records, information and reports obtained under this section for the purpose of administering and enforcing this Part.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002 2011, c. 9, Sched. 27, s. 23 (4) - 06/06/2011
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Residual power of the Crown
114.15 (1) This Part does not restrict the authority of Her Majesty in right of Ontario to acquire, hold, dispose of or otherwise deal with corridor land.  2002, c. 1, Sched. A, s. 23. Exception (2) Subsection (1) does not authorize Her Majesty in right of Ontario to deal with corridor land contrary to section 114.6.  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Indemnity re corridor land
114.16 (1) Hydro One Inc. shall indemnify Her Majesty in right of Ontario for any losses, damages or costs incurred by Her Majesty in right of Ontario, (a) that arise from an order, direction or award made under a statute of Ontario or Canada in respect of corridor land or that relate to a proceeding in respect of corridor land; and (b) that are a direct or indirect result of an act or omission by any person before the effective date.  2002, c. 1, Sched. A, s. 23. Same (2) Hydro One Inc. shall indemnify a person or entity to whom Her Majesty in right of Ontario transfers corridor land for any losses, damages or costs incurred by the person or entity, (a) that arise from an order, direction or award made under a statute of Ontario or Canada in respect of the land or that relate to a proceeding in respect of the land; and (b) that are a direct or indirect result of an act or omission by any person before the effective date.  2002, c. 1, Sched. A, s. 23. Same, by holder of statutory right (3) A person or entity who has the statutory right to use corridor land shall indemnify the owner of the land for any losses, damages or costs incurred by the owner, (a) that arise from an order, direction or award made under a statute of Ontario or Canada in respect of the land or that relate to a proceeding in respect of the land; and (b) that are a direct or indirect result of an act or omission by, (i) the person or entity, (ii) an employee or agent of the person or entity, (iii) a person or entity who previously held the statutory right to use the land, or (iv) another person or entity who was invited or permitted to use the land by the person or entity who holds, or held, the statutory right to use it.  2002, c. 1, Sched. A, s. 23. Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002
PART IX.1 OWNERSHIP AND USE OF CORRIDOR LAND
Delegation of powers and duties
114.17 (1) The Minister of Infrastructure may delegate his or her powers and duties under any of the following provisions to any person or entity, subject to such conditions as the Minister of Infrastructure may impose: 1. Subsection 114.5 (3). 2. Subsection 114.8 (1) or (6) or both. 3. Subsection 114.9 (1) or (5) or both. 4. Subsection 114.13 (1). 5. Section 114.14.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Assignment of powers and duties (2) The Minister of Infrastructure may assign his or her powers and duties under any of the provisions listed in subsection (1) to any person or entity, subject to such conditions as the Minister of Infrastructure may impose.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Effect (3) Despite the Executive Council Act, an agreement that is signed by a person or entity authorized to do so by a delegation or an assignment made under this section has the same effect as if the agreement had been signed by the Minister of Infrastructure.  2002, c. 1, Sched. A, s. 23; 2011, c. 9, Sched. 27, s. 23 (4). Section Amendments with date in force (d/m/y) 2002, c. 1, Sched. A, s. 23 - 31/12/2002 2011, c. 9, Sched. 27, s. 23 (4) - 06/06/2011