jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purpose of this Act is to establish mechanisms to encourage principled, evidence-based and strategic long-term infrastructure planning that supports job creation and training opportunities, economic growth and protection of the environment, and incorporate design excellence into infrastructure planning.
2 In this Act, “broader public sector entity” means, (a)  a municipality as defined in subsection 1 (1) of the Municipal Act, 2001, (b)  a local board as defined in subsection 1 (1) of the
Municipal Act, 2001, (c)  a board as defined in subsection 1 (1) of the Education Act, (d)  any post-secondary educational institution in Ontario that receives regular operating funding from the Government, (e)  a hospital within the meaning of the Public Hospitals Act, (f)  a board of health as defined in subsection 1 (1) of the Health Protection and Promotion Act, and (g)  any other persons or entities prescribed for the purposes of this definition; (“entité du secteur parapublic”) “construction” includes reconstruction, improvement, extension, alteration, replacement and repairs; (“cons­truction”) “Government” means, (a)  the Government of Ontario and the Crown in right of Ontario, (b)  a ministry of the Government of Ontario, (c)  a Crown agency, other than a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002, and (d)  any board, commission, authority or unincorporated body of the Crown; (“gouvernement”) “infrastructure” means the physical structures and associated facilities that form the foundation of development, and by or through which a public service is provided to Ontarians, such as highways, bridges, bicycle paths, drinking water systems, hospitals, social housing, courthouses and schools, as well as any other thing by or through which a public service is provided to Ontarians that may be prescribed, but does not include, (a)  infrastructure relating to the generation, transmission, distribution and sale of electricity, including generation facilities, transmission systems, distribution systems, and structures, equipment and other things connected to the IESO-controlled grid, as these terms are defined in subsection 2 (1) of the Electricity Act, 1998, (b)  any other thing wholly or partly owned or leased by Hydro One Inc., Ontario Power Generation Inc., or a subsidiary of either of them, and (c)  any prescribed physical structures or facilities; (“infrastructure”) “infrastructure asset” means all or part of any single physical structure, facility, or other thing that falls within the definition of “infrastructure” in this section; (“bien d’infrastructure”) “Minister” means the Minister of Economic Development, Employment and Infrastructure or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”) “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Act. (“règlements”) Infrastructure Planning Principles
4 (1) The Minister shall, in accordance with the timing requirements set out in subsection (2), (a)  develop long-term infrastructure plans containing the information set out in subsection (3); and (b)  table the long-term infrastructure plans in the Assembly or, if the Assembly is not sitting, deposit them with the Clerk of the Assembly. Timing requirements (2) Long-term infrastructure plans shall be developed and tabled or deposited in accordance with the following timing requirements: 1.  The first long-term infrastructure plan shall be developed and tabled or deposited no later than three years after the day this section comes into force. 2.  Thereafter, each subsequent long-term infrastructure plan shall be developed and tabled or deposited no later than five years after the day the previous plan was tabled or deposited. Contents (3) Each long-term infrastructure plan shall include the following information: 1.  A description of the state, as of the date or during the period specified in the plan, of the infrastructure wholly or partly owned by the Government, including, i.  an inventory of the infrastructure, ii.  a valuation of the infrastructure, iii.  the age of infrastructure assets, and iv.  the condition of infrastructure assets. 2.  A description of the Government’s anticipated infrastructure requirements, including improvements to existing infrastructure assets and the acquisition of new infrastructure assets, for at least the 10 years following the development of the plan. 3.  A strategy to meet the infrastructure requirements identified under paragraph 2. 4.  Any other information that the Minister determines should be included in the plan. Application of principles (4) For greater certainty, the Minister shall consider the principles set out in section 3 in developing strategies for the purposes of paragraph 3 of subsection (3).
5 (1) The Minister shall publish each long-term infrastructure plan tabled or deposited under section 4 on a Government of Ontario website. Archive (2) The Minister shall maintain an archive of the long-term infrastructure plans tabled or deposited under section 4. Infrastructure Asset Management Plans
6 (1) Every broader public sector entity prescribed for the purposes of this section shall prepare the infrastructure asset management plans that are required by the regulations and that satisfy the prescribed requirements. Infrastructure asset management planning information (2) Every broader public sector entity prescribed for the purposes of this section shall prepare such additional infrastructure asset management planning information as may be prescribed by the regulations and that satisfies any prescribed requirements. Submission of plans, information to Minister (3) If required by the Minister, a broader public sector entity shall, in accordance with any requirements the Minister may specify, provide to the Minister or to any other minister of the Crown the Minister may specify, a copy of an infrastructure asset management plan it has prepared under subsection (1), or of information it has prepared under subsection (2). Same, other minister (4) If required by a prescribed minister of the Crown, a broader public sector entity shall, in accordance with any requirements that minister may specify, provide to that minister a copy of an infrastructure asset management plan it has prepared under subsection (1), or of information it has prepared under subsection (2). Public availability of plans, information (5) If required by the regulations, a broader public sector entity shall make an infrastructure asset management plan it has prepared under subsection (1), or information it has prepared under subsection (2), available to the public in the prescribed form or manner. Supplemental information to Minister (6) If required by the Minister, a broader public sector entity shall, in accordance with any requirements the Minister may specify, provide to the Minister or to any other minister of the Crown the Minister may specify, any supplemental information respecting an infrastructure asset management plan or information it has provided under subsection (3) that the Minister specifies. Same, other minister (7) If a broader public sector entity provides information to a prescribed minister of the Crown under subsection (4), the broader public sector entity shall, if required by that minister and in accordance with any requirements the minister may specify, provide to that minister any supplemental information respecting an infrastructure asset management plan or information it has provided under that subsection that the minister specifies. Other Infrastructure-Related Requirements
7 (1) When evaluating and prioritizing proposed projects for the construction of an infrastructure asset, the Government shall consider, (a)  whether the infrastructure asset is planned for in, or is contemplated by, any provincial or municipal plan or strategy to which paragraph 9 of section 3 may apply, regardless of whether it binds or applies to the Government, or by a long-term infrastructure plan published under subsection 5 (1); (b)  all related capital costs and operating costs that are reasonably expected to arise over the expected useful life of the infrastructure asset; and (c)  whether the construction of the infrastructure asset would reasonably be expected to, (i)  be a long-term return on investment, (ii)  stimulate productivity and economic competitiveness, (iii)  maximize tax assessment values and tax base growth, (iv)  support any other public policy goals of the Government of Ontario or of any affected municipalities in Ontario, and (v)  provide a foundation for further infrastructure projects. Additional criteria (2) The Minister may, subject to the approval of the Lieutenant Governor in Council, develop and issue additional criteria required to be considered under subsection (1). Consultation required before issuing criteria (3) Before issuing criteria under subsection (2), the Minister shall consult, in the manner that the Minister considers appropriate, with any persons or bodies that the Minister considers appropriate given the content of the proposed criteria, including any potentially affected ministries, Crown agencies or broader public sector entities. Publication (4) The Minister shall publish any criteria issued under subsection (2) on a Government of Ontario website. Legislation Act, 2006 (Part III) (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to criteria issued under this section. Transition (6) This section does not apply with respect to any infrastructure projects that receive approval to proceed to construction before the day this section comes into force.
8 (1) The Government shall require that the following persons be involved in the preparation of the design for the construction of every infrastructure asset described in subsection (2), unless it is not practicable in the circumstances:  1.  If the Government reasonably expects costs for the construction of the infrastructure asset to meet or exceed the amount prescribed for the purposes of this paragraph for the infrastructure asset, i.  an architect as defined in the Architects Act, and ii.  a person, other than an architect, with demonstrable expertise in and experience with design in relation to infrastructure assets. 2.  If the Government reasonably expects costs for the construction of the infrastructure asset to meet or exceed the amount prescribed for the purposes of this paragraph for the infrastructure asset, a professional engineer as defined in the Professional Engineers Act. Applicable infrastructure assets (2) Subsection (1) applies to the following infrastructure assets: 1.  The following infrastructure assets, if they are wholly owned by the Government: i.  Infrastructure assets relating to transportation, including highways, bridges and transit stations. ii.  Infrastructure assets intended primarily for the study and enjoyment of works in the arts or for the production of works in the arts. iii.  Museums, as defined in Regulation 877 of the Revised Regulations of Ontario, 1990 (Grants for Museums) made under the Ontario Heri­tage Act. iv.  Infrastructure assets that have been identified as having cultural heritage value or interest under Part III.1 of the Ontario Heritage Act, or that are located on a property that has been designated under Part IV of that Act or in an area designated as a heritage conservation district under Part V of that Act. 2.  Any other infrastructure assets wholly owned by the Government that may be prescribed. 3.  Any infrastructure assets partly owned by the Government, or for which the Government provides any funding, that may be prescribed. Minister’s discretion (3) The Minister may, subject to the approval of the Lieutenant Governor in Council, require that one or more persons referred to in subsection (1) be involved in the preparation of the design for the construction of any infrastructure asset that is wholly or partly owned by the Government, or for which the Government provides any funding, in a case where no such person or persons would be required under that subsection or otherwise to be involved. Non-application (4) This section does not apply to the extent of any conflict with the Building Code Act, 1992, the Architects Act or the Professional Engineers Act, or any regulations or by-laws made under any of them. Transition (5) This section applies only in respect of construction for which design preparation commences on or after the day that is six months after the day this section comes into force. Requirements re apprentices
10 (1) No cause of action arises against the Crown in right of Ontario or any minister, agent, appointee or employee of the Crown as a direct or indirect result of, (a)  the enactment or repeal of this Act; (b)  the making or revoking of a regulation under this Act; or (c)  anything done or not done under this Act. Same (2) Without limiting the generality of subsection (1), that subsection applies to an action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, including loss of revenue and loss of profit, or any other remedy or relief.
11 (1) Nothing in this Act or the regulations in any way diminishes or otherwise alters the obligation of the Government to meet any requirement imposed on the Government under any other Act or otherwise by law. Same (2) Nothing in this Act or the regulations in any way diminishes or otherwise alters the obligation of a broader public sector entity to meet any requirement imposed on the broader public sector entity under any other Act or otherwise by law. Regulations