Exclusive franchise
12.(1)Subject to subsection 11 (4), the Regional Corporation has the exclusive right within the Regional Area to maintain and operate a passenger transport service, but such right does not affect the right of any district school board within the meaning of the Education Act, private school or charitable organization to provide passenger transportation for their respective purposes, or the right of any person to operate a passenger transport system within the Urban Transit Area in accordance with a valid operating licence issued to the person under The Public Vehicles Act, being chapter 392 of the Revised Statutes of Ontario, 1970, on or before the 1st day of January, 1972, and in exercising such right the Regional Corporation may establish, maintain, operate, extend, alter, control, manage, construct, repair and equip a system of passenger transport by means of surface, underground or above ground railways, tramways or buses, or any other means of transportation, except taxis, including such private roads and ways and such other structures and works of every description as may be necessary or convenient in relation to the system of passenger transport including, without restricting the generality of the foregoing, such private roads and ways and such structures and works as may be necessary or convenient upon, along, across, under and over all highways and public places in the Regional Area. R.S.O. 1990, c. R.14, s. 12 (1); 1997, c. 31, s. 174 (2). General powers (2)Without limiting the generality of subsection (1), (a) the power given to the Regional Corporation under subsection (1) to construct, repair, maintain, operate, manage and control private roads and ways and other structures and works may be exercised in relation to any system of passenger transport anywhere in the Regional Area; and (b) the Regional Corporation has and may exercise through the Regional Area all the powers heretofore or hereafter conferred by any general Act upon a municipal corporation and by any special Act upon any area municipality or local board thereof with respect to passenger transport. Area municipalities, prohibition (3)Except with the approval of the Regional Council, no area municipality shall have or exercise any of the powers heretofore or hereafter conferred on municipal corporations in respect of passenger transport by any general or special Act. By-laws re, (4)By-laws may be passed by the Regional Council to, acquisition of transit systems (a) acquire, by purchase or otherwise, without the approval of the Municipal Board, the passenger transportation facilities and equipment of any person or area municipality; acquisition of property (b) acquire, by purchase or otherwise, any real or personal property required for passenger transport purposes; passenger transport outside Regional Area (c) permit the Commission to transport and convey passengers throughout Ontario, whether by chartered trips or otherwise; passenger transport in Quebec (d) subject to compliance with the laws of the Province of Quebec, permit the Commission to transport and convey passengers in the Province of Quebec, whether by chartered trips or otherwise and to enter into agreements with municipal corporations and passengers transport operators in the Province of Quebec concerning connecting or reciprocal passenger transport services and shared or sole use of facilities, personnel and equipment; service outside Urban Transit Area by Commission (e) permit the Commission to provide passenger transport services in any part of the Regional Area outside the Urban Transit Area; agreements for service (f) permit the Commission to enter into agreements with adjoining and area municipalities in respect of the operation by the Commission of a passenger transport system in such municipality; parking lots (g) provide for the establishment, construction, management and operation of parking lots for the parking of vehicles in connection with passenger transport systems and to charge fees for and regulate the parking of vehicles therein; service outside Urban Transit Area by agreement (h) enter into agreements with any person, or area or other municipality for the provision of passenger transport service in any part of the Regional Area not then included in the Urban Transit Area; regulations (i) make regulations governing, regulating and controlling the conduct of persons on any vehicle or in or upon any land or structure used for or in connection with passenger transport, including requiring the production of proof of fare payment upon the request of any employee of the Commission; prohibiting and regulating traffic (j) prohibit or regulate vehicles and conveyances of every description and persons and animals from or on any private road or way established by the Regional Corporation or the Commission primarily for the use of transit vehicles; financial statements, regulations, etc. (k) provide for the preparation, delivery and publication by the Commission of such annual reports, financial statements, budgets, capital forecasts, estimates and other reports and statements and the utilization of surplus money upon such terms and conditions as the by-law may prescribe; temporary borrowing (l) authorize the Commission to make arrangements for temporary borrowings to such total amount and subject to such terms and conditions as the by-law may prescribe. Approval (5)Where, in this Part, the Regional Council undertakes any matter or work, establishes any regulation or grants any approval, such action shall be authorized by by-law, and may be subject to such terms and conditions as the Regional Council considers proper. How costs of service outside Urban Transit Area to be borne (6)Where, under clause (4) (h), an area municipality has entered into an agreement to provide for passenger transport service outside the Urban Transit Area, the area municipality may pay the costs so incurred, including accumulated deficits, out of its general funds, or, subject to the approval of the Municipal Board as to boundaries, may pass one or more by-laws to impose a special rate or rates in one or more parts of the area municipality which, in the opinion of the council of the area municipality, derive benefit from the provision of passenger transport services. R.S.O. 1990, c. R.14, s. 12 (2-6).