Rail transit service change
71.(1) The Board shall forthwith give written notice to the Minister of Transportation of the passing of any by-law under section 63 with respect to altering the location, route or frequency of or terminating a rail transit service operated by GT Transit. 1998, c. 23, s. 71 (1). Deferral of change (2) The Minister may, not later than 30 days after the Board gives written notice under subsection (1), issue a written notice to the Board deferring the coming into force of the by-law. 1998, c. 23, s. 71 (2). When by-law in effect (3) If the Minister issues a notice under subsection (2), the by-law comes into force on the earlier of, (a) the day that is 180 days after the day the Minister issued the notice; (b) if the Minister issues a written notice to the Board withdrawing the notice under subsection (2), the day the Board receives the notice withdrawing it. 1998, c. 23, s. 71 (3). Same (4) If the Minister does not issue a notice under subsection (2) within 30 days after the Board gives its notice under subsection (1), the by-law comes into force at the end of that time period. 1998, c. 23, s. 71 (4). TABLE Votes for members of the Board  Municipality

Votes per    member

 


 

Durham, Regional Municipality of   Ajax, Town of   Brock, Township of   Clarington, Municipality of   Oshawa, City of   Pickering, Town of   Scugog, Township of   Uxbridge, Township of   Whitby, Town of
Halton, Regional Municipality of   Burlington, City of   Halton Hills, Town of   Milton, Town of   Oakville, Town of
Peel, Regional Municipality of   Brampton, City of   Caledon, Town of   Mississauga, City of
York, Regional Municipality of   Aurora, Town of   East Gwillimbury, Town of   Georgina, Town of   King, Township of   Markham, Town of   Newmarket, Town of   Richmond Hill, Town of   Vaughan, City of   Whitchurch-Stouffville, Town of
Toronto, City of (mayor)   (other members)
Hamilton, City of

2   1   1   1   2   1   1   1   1
2   2   1   1   2
5   5   1   5
2   1   1   1   1   3   1   2   2   1
5   5
4 1998, c. 23, Table; 2000, c. 5, s. 13 (17). Note: The following transitional provisions were enacted by the Statutes of Ontario, 1998, chapter 23, sections 73 to 75 and proclaimed into force on August 7, 1999. Transition, transfer from Authority 73.(1) GT Transit shall take over the operation of the commuter services operated by the Authority immediately before the day this section comes into force. 1998, c. 23, s. 73 (1). Vesting of assets and liabilities (2) On the day this section comes into force, all assets and liabilities that the Authority had on the day before this section comes into force are vested in and become the assets and liabilities of GT Transit, without compensation. 1998, c. 23, s. 73 (2). Extended application (3) Subsection (2) applies also with respect to all rights, interests, approvals, status, registrations, entitlements and contractual rights and obligations of the Authority. 1998, c. 23, s. 73 (3). Application of other Acts (4) The Land Transfer Tax Act and the Retail Sales Tax Act do not apply to vestings under subsections (2) and (3). 1998, c. 23, s. 73 (4). Exception: certain railway rolling stock, etc. (5) Subsections (2) and (3) do not apply with respect to, (a) the railway rolling stock that is subject to the six conditional sale agreements dated March 30, 1994 between the Authority and Asset Finance (Bermuda) Limited; or (b) the conditional sale agreements described in clause (a). 1998, c. 23, s. 73 (5). Same (6) For greater certainty, no rights, liabilities, interests, approvals, status, registrations, entitlements and contractual rights or obligations of the Authority relating to the railway rolling stock or the conditional sale agreements described in clause (5) (a) vest in GT Transit. 1998, c. 23, s. 73 (6). Exception, employees (7) Subsections (2) and (3) do not apply with respect to the employees of the Authority or to any collective agreement. 1998, c. 23, s. 73 (7). Certain non-bargaining unit employees (8) The following apply with respect to an employee of the Authority who immediately before this section comes into force was not in a bargaining unit and who accepts, before this section comes into force, an offer of employment with GT Transit: 1. The employment of the employee with the Authority shall be deemed not to have been terminated. 2. The employment of the employee with the Authority shall be deemed to be employment with GT Transit and not employment with the Authority for the purpose of determining probationary periods, benefits or any other employment-related entitlements under the Employment Standards Act or any other Act or under any employment contract. 1998, c. 23, s. 73 (8). Same (9) For greater certainty, (a) subject to subsection (8), none of the following vests in GT Transit: (i) any rights, liabilities, interests, approvals, status, registrations, entitlements and contractual rights or obligations of the Authority relating to the employees of the Authority or to any collective agreement, or (ii) any rights, liabilities, interests, approvals, status, registrations, entitlements and contractual rights or obligations under the Crown Employees Collective Bargaining Act, 1993 or the Labour Relations Act, 1995; and (b) no trade union that had bargaining rights in respect of any employees of the Authority has bargaining rights in respect of employees of GT Transit. 1998, c. 23, s. 73 (9). Same (10) Clause (9) (b) does not affect bargaining rights a trade union acquires by being certified under the Labour Relations Act, 1995 as the bargaining agent of employees of GT Transit or by being voluntarily recognized by GT Transit as the bargaining agent of employees of GT Transit. 1998, c. 23, s. 73 (10). Continuation of by-laws and regulations (11) The following apply with respect to every by-law or regulation of the Authority that is in force immediately before this section comes into force: 1. The by-law or regulation is revoked. 2. Unless paragraph 3 applies, each provision of the by-law or regulation, as it reads immediately before the by-law or regulation was revoked, shall be deemed to have been passed as a by-law of GT Transit. 3. If a provision of the by-law or regulation relates to the location, routes or frequencies of the transit services being provided or prescribes the fares to be charged, the provision of the by-law or regulation, as it reads immediately before the by-law or regulation was revoked, shall be deemed to have been passed as a by-law of the Board. 1998, c. 23, s. 73 (11). Offences (12) Subsection 10 (2) of the Toronto Area Transit Operating Authority Act, as it read immediately before this section came into force, continues to apply with respect to a provision of a regulation deemed to have been passed as a by-law of GT Transit under subsection (11) until the by-law is revoked or first amended by GT Transit or until the day that is one year after the day this section comes into force, whichever is earlier. 1998, c. 23, s. 73 (12). GT Transit must lease rolling stock 74.(1) GT Transit shall enter into one or more agreements with the Authority to lease the railway rolling stock described in clause 73 (5) (a) in accordance with the conditional sale agreements described in that clause. 1998, c. 23, s. 74 (1). Maintenance, etc. of rolling stock (2) The agreements required under subsection (1) must require GT Transit to maintain, modify and insure the railway rolling stock in accordance with the requirements of Articles 7, 8 and 11 of the applicable conditional sale agreement. 1998, c. 23, s. 74 (2). First meeting of the Board 75.(1) The Minister of Municipal Affairs and Housing shall convene the first meeting of the Board. 1998, c. 23, s. 75 (1). Person appointed to preside (2) The Minister of Municipal Affairs and Housing shall appoint a person who is not a member of the Board to preside over the first meeting until a chair is elected under subsection 10 (9). 1998, c. 23, s. 75 (2). Alternates, if council fails to appoint (3) If, 24 hours before the first meeting is scheduled to begin, (a) the council of a member municipality has not exercised its power to appoint alternates for members of the Board under subsection 9 (1), the mayor of the municipality or the chair of the council, as the case may be, may appoint alternates for the first meeting; (b) the council of the City of Toronto has not exercised its power to appoint the members of the Board described in clause 4 (b), the mayor of the City of Toronto may appoint alternates for those members for the first meeting; (c) the council of the City of Mississauga has not exercised its power to appoint the member of the Board described in clause 4 (c), the mayor of the City of Mississauga may appoint an alternate for that member for the first meeting. 1998, c. 23, s. 75 (3). Same (4) Section 9 applies, with necessary modifications, with respect to alternates appointed under subsection (3). 1998, c. 23, s. 75 (4). Distribution of Toronto votes (5) If, 24 hours before the first meeting is scheduled to begin, the council of the City of Toronto has not exercised its power to distribute votes under subsection 15 (2), the mayor of the City of Toronto may exercise that power for the purposes of the first meeting. 1998, c. 23, s. 75 (5). ______________ Français