jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) The corporation without share capital that was established under the name Greater Toronto Transportation Authority in English and Régie des transports du grand Toronto in French is continued under the name Metrolinx in both English and French.  2009, c. 14, s. 3. Composition (2) The Corporation is composed of the members of its board of directors.  2006, c. 16, s. 2 (2). Section Amendments with date in force (d/m/y) 2009, c. 14, s. 3 - 14/05/2009
3 (1) The Corporation is a Crown agency within the meaning of the Crown Agency Act.  2006, c. 16, s. 3 (1).  Same (2) Any subsidiary corporation of the Corporation is a Crown agency within the meaning of the Crown Agency Act.  2006, c. 16, s. 3 (2). 4 Repealed:  2009, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2006, c. 16, s. 51 (2) - no effect - see 2009, c. 14, s. 34
- 14/05/2009 2009, c. 14, s. 4
- 14/05/2009
5 (1) The objects of the Corporation are, (a)  to provide leadership in the co-ordination, planning, financing, development and implementation of an integrated transit network in the regional transportation area that, (i)  conforms with transportation policies of growth plans prepared and approved under the Places to Grow Act, 2005 applicable in the regional transportation area, (ii)  conforms with other provincial transportation policies and plans applicable in the regional transportation area, and (iii)  supports a high quality of life, a sustainable environment and a strong, prosperous and competitive economy; (b)  to act as the central procurement agency for the procurement of local transit system vehicles, equipment, technologies and facilities and related supplies and services on behalf of Ontario municipalities; (c)  to be responsible for the operation of the regional transit system and the provision of other transit services; and (d)  to provide other advice and services in accordance with section 8.2. 2018, c. 17, Sched. 25, s. 2. Conformance with government objectives, plans, policies and strategies (2) In carrying out its objects, the Corporation shall conform with the objectives, plans, policies and strategies mentioned in clauses 6 (3) (a) to (c). 2018, c. 17, Sched. 25, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 16, s. 51 (3)
- no effect - see 2009, c. 14, s. 34
- 14/05/2009 2009, c. 14, s. 5 (1, 2)
- 14/05/2009 2018, c. 17, Sched. 25, s. 2 - 06/12/2018
7 (1) In carrying out its objects as described in clause 5 (1) (a), the Corporation shall plan, design, develop, acquire by purchase, lease, assignment or otherwise, construct, maintain, operate, dispose of, lease, license or sublicense all or any part of a unified fare system applicable to, (a)  the regional transit system; (b)  the local transit systems in the geographic areas of the City of Toronto, the City of Hamilton, the Regional Municipality of Durham, the Regional Municipality of Halton, the Regional Municipality of Peel and the Regional Municipality of York; and (c)  the local transit systems of municipalities outside the areas mentioned in clause (b) that agree to participate. 2018, c. 17, Sched. 25, s. 3. Protection from liability for participants (2) No action or other proceeding for damages shall be brought against the Corporation or against any participant in the unified fare system or against any director, officer or employee of any of them as a result of any act or omission of another participant in the unified fare system, or of a director, officer or employee of another participant, by reason only of their participation in the unified fare system.  2006, c. 16, s. 7 (2). Section Amendments with date in force (d/m/y) 2009, c. 14, s. 7 - 14/05/2009 2018, c. 17, Sched. 25, s. 3 - 06/12/2018
8 (1) In carrying out its objects as described in clause 5 (1) (b), the Corporation shall,  (a)  co-ordinate, negotiate and manage the planning, design, development and acquisition, by purchase, lease or otherwise, of local transit system vehicles, equipment, technologies and facilities and related supplies and services on behalf of any municipality in Ontario; (b)  establish, in consultation with municipalities and other persons that operate local transit systems in Ontario and suppliers, specifications and common standards for local transit system vehicles, equipment, technologies and facilities and related supplies and services; and (c)  facilitate the financing for any of the activities described in clause (a) on behalf of the owners of local transit systems.  2006, c. 16, s. 8 (1); 2009, c. 14, s. 8. Same (2) The Corporation may perform its duty under clause (1) (a) by procuring local transit vehicles, equipment, technologies and facilities and related supplies and services on behalf of a municipality or by facilitating the procurement of such vehicles, equipment, technologies and facilities and related supplies and services by a municipality.  2006, c. 16, s. 8 (2). Participating municipalities (3) Despite any other Act, a municipality in Ontario may enter into an agreement with the Corporation for the Corporation to procure local transit system vehicles, equipment, technologies and facilities and related supplies and services on its behalf and, if it does so, it shall agree to pay the Corporation for local transit system vehicles, equipment, technologies and facilities and related supplies and services procured by the Corporation on its behalf.  2006, c. 16, s. 8 (3). Section Amendments with date in force (d/m/y) 2009, c. 14, s. 8 - 14/05/2009
8.2 (1) The Corporation shall provide the Government with advice on such matters related to transportation as the Minister directs the Corporation to advise on. 2018, c. 17, Sched. 25, s. 5. Services (2) The Corporation shall provide the Government with services in respect of such matters related to transportation as the Minister directs. 2018, c. 17, Sched. 25, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 25, s. 5 - 06/12/2018
9 (1) Subject to any directives issued under section 31, the business and affairs of the Corporation shall be managed by its board of directors.  2006, c. 16, s. 9 (1); 2018, c. 17, Sched. 25, s. 6 (1). Composition (2) The board shall be composed of not more than 15 persons appointed by the Lieutenant Governor in Council on the recommendation of the Minister.  2009, c. 14, s. 10 (1). Same (3) The following are not eligible to be a director: 1.  A Member of Parliament. 2.  A Member of the Assembly. 3.  A member of a municipal council in Ontario. 4.  A person appointed under Part III of the Public Service of Ontario Act, 2006. 5.  A person who is employed by or in a board, commission or agency of the provincial government, excluding persons appointed to such board, commission or agency by the Lieutenant Governor in Council and excluding the chief executive officer of the Corporation. 6.  An employee of the federal government or of a municipality in Ontario or of a board, commission or agency of the federal government or of a municipality in Ontario.  2009, c. 14, s. 10 (1). (4) Repealed: 2018, c. 17, Sched. 25, s. 6 (2). Quorum (5) A majority of the directors, which must include the chair or vice-chair, constitutes a quorum.  2006, c. 16, s. 9 (5). Resignation (6) If a director resigns from office before the expiration of his or her term, he or she continues as a director until the earlier of, (a)  the appointment of another director in his or her place for the remainder of the term; and (b)  the expiration of 90 days after the director submitted his or her resignation.  2006, c. 16, s. 9 (6). Remuneration and expenses (7) The Corporation shall pay remuneration and expenses to the directors as is determined by the Lieutenant Governor in Council.  2009, c. 14, s. 10 (2). (8), (9) Repealed:  2006, c. 16, s. 9 (11). (10) Repealed: 2018, c. 17, Sched. 25, s. 6 (3). (11) Repealed:  2009, c. 16, s. 9 (11). Section Amendments with date in force (d/m/y) 2006, c. 16, s. 9 (11)
- 15/05/2010; 2006, c. 35, Sched. C, s. 50 (1) - 20/08/2007 2009, c. 14, s. 10 (1, 2) - 14/05/2009 2018, c. 17, Sched. 25, s. 6 (1-3) - 06/12/2018
9.1 (1) The Lieutenant Governor in Council, on the recommendation of the Minister, may appoint a representative and an alternate representative. 2018, c. 17, Sched. 25, s. 7. Role of provincial representative (2) The representative is entitled to, (a)  receive notice of all meetings of the board; (b)  receive all documents provided to the directors in connection with all meetings of the board; and (c)  be present and participate throughout all meetings of the board. 2018, c. 17, Sched. 25, s. 7. Role of alternate representative (3) If the representative is unable to act, the alternate representative has all the entitlements of the representative. 2018, c. 17, Sched. 25, s. 7. Clarification, in-camera meetings (4) For greater certainty, the entitlements of the representative extend to all in-camera meetings of the board. 2018, c. 17, Sched. 25, s. 7. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 25, s. 7 - 06/12/2018
10 (1) The Lieutenant Governor in Council, on the recommendation of the Minister, shall designate a chair and vice-chair from among the members of the Corporation’s board of directors.  2009, c. 14, s. 11. (1.1)-(1.3) Repealed:  2006, c. 16, s. 10 (1.3). Acting chair (2) If the chair is absent or unable to act or if the office of chair is vacant, the vice-chair shall act as chair.  2006, c. 16, s. 10 (2). Section Amendments with date in force (d/m/y) 2006, c. 16, s. 10 (1.3) - 15/05/2010 2009, c. 14, s. 11
- 14/05/2009
11 (1) The Corporation’s board of directors shall meet at the call of the chair or of a majority of the directors and, in any event, at least four times a year.  2006, c. 16, s. 11 (1). Voting rights (1.1) Subject to subsection (2), each director, including the chair of the board of directors, has one vote.  2009, c. 14, s. 12 (1). Casting vote (2) The chair has a second or casting vote in the event of a tie.  2006, c. 16, s. 11 (2). Open to the public (3) Meetings of the board shall be open to the public on the following occasions: 1.  On any occasion determined by the board. 2.  When the board is deliberating in respect of a transportation plan or in respect of a review of or amendment to the transportation plan. 3.  Repealed: 2018, c. 17, Sched. 25, s. 8 (2). 4.  When the Corporation’s annual report is being presented to the board. 5.  When the board is considering a by-law to change the fares charged for a transit service provided by the regional transit system.  2009, c. 14, s. 12 (2); 2018, c. 17, Sched. 25, s. 8. Improper conduct (4) The chair may expel or exclude from any meeting any person, including a director, for improper conduct at the meeting.  2006, c. 16, s. 11 (4). Section Amendments with date in force (d/m/y) 2006, c. 16, s. 51 (5) - no effect - see 2009, c. 14, s. 34
- 14/05/2009 2009, c. 14, s. 12 (1, 2)
- 14/05/2009 2018, c. 17, Sched. 25, s. 8 (1, 2) - 06/12/2018
12 (1) The Corporation’s board of directors may make by-laws and resolutions governing its proceedings and generally for the conduct and management of the business and affairs of the Corporation, including by-laws governing the holding of electronic meetings such that all persons participating in the electronic meeting may communicate with each other simultaneously and instantaneously.  2006, c. 16, s. 12 (1).
 By-laws, resolutions that need Minister’s approval (2) A by-law or resolution of a prescribed class is effective only when approved in writing by the Minister.  2006, c. 16, s. 12 (2). Formal requirements (3) Every by-law made by the board, (a)  shall have the Corporation’s seal affixed to it; and (b)  shall be signed by the chair and secretary who were present at the meeting at which the by-law was passed.  2006, c. 16, s. 12 (3). Saving (4) A by-law is not valid until the Corporation’s seal is affixed to it, but the seal may be affixed to a by-law at any time after it was made.  2006, c. 16, s. 12 (4). By-laws, resolutions are not regulations (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to by-laws or resolutions made by the Corporation.  2006, c. 16, ss. 12 (5), 52 (3). Section Amendments with date in force (d/m/y) 2006, c. 16, s. 52 (3) - 25/07/2007
13 (1) The Corporation’s board of directors shall by by-law establish one or more advisory committees.  2006, c. 16, s. 13 (1). Composition (2) A by-law establishing an advisory committee shall provide for the committee’s composition and may require that the committee include persons who use or are otherwise affected by transportation in the regional transportation area, including students, seniors, persons with disabilities and representatives of labour organizations and industry.  2006, c. 16, s. 13 (2). Functions, etc. (3) A by-law establishing an advisory committee shall provide for the committee’s functions and for the committee members’ terms of appointment, remuneration and payment of expenses.  2006, c. 16, s. 13 (3).
14 (1) The Lieutenant Governor in Council, on the recommendation of the Minister, shall appoint a chief executive officer of the Corporation who shall be an employee of the Corporation.  2009, c. 14, s. 13 (1). Duties (2) The chief executive officer of the Corporation is responsible for the operation of the Corporation, subject to the supervision and direction of the Corporation’s board of directors.  2006, c. 16, s. 14 (2). (3), (4) Repealed:  2006, c. 16, s. 14 (6). Remuneration and benefits (5) The Corporation shall pay remuneration and benefits to the chief executive officer as is determined by the Lieutenant Governor in Council.  2009, c. 14, s. 13 (2). (6) Repealed:  2006, c. 16, s. 14 (6). Section Amendments with date in force (d/m/y) 2006, c. 16, s. 14 (6)
- 15/11/2010 2009, c. 14, s. 13 (1, 2) - 14/05/2009
15 (1) The Corporation may hire such employees and appoint such officers as are considered necessary for the proper conduct of its business and affairs.  2006, c. 16, s. 15 (1).  Other persons (2) The Corporation may engage persons other than those hired under subsection (1) to provide professional, technical or other assistance to or on behalf of the Corporation.  2006, c. 16, s. 15 (2). Agreements to provide services (3) Despite any other Act, the Corporation and any minister of the Crown or chair of a Crown agency may enter into agreements with each other providing that employees of the Crown or of the Crown agency will provide services to the Corporation.  2006, c. 16, s. 15 (3). Pensions (4) The Corporation may provide pensions for its permanent staff and full-time probationary staff and for that purpose the Corporation is deemed to be an employer under the Ontario Municipal Employees Retirement System Act, 2006.  2006, c. 16, s. 15 (4); 2006, c. 16, s. 53. Section Amendments with date in force (d/m/y) 2006, c. 16, s. 53 - 24/08/2006 Powers
16 (1) Except as limited by this Act, the Corporation has the capacity, rights, powers and privileges of a natural person for carrying out its objects.  2006, c. 16, s. 16 (1).  Same (2) Without limiting the generality of subsection (1), the Corporation has the power, (a)  to acquire, hold, lease or dispose of an interest in real or personal property for a purpose consistent with the Corporation’s objects, including for the construction, alteration, extension or expansion of a transportation infrastructure project; (b)  to hold, manage, operate, fund and deliver, (i)  the regional transit system, and (ii)  Repealed: 2018, c. 17, Sched. 25, s. 9. (iii)  any local transit system or other transportation service within or outside the regional transportation area or the GO Transit service area by agreement with the municipalities to be served by the system or service; (c)  to develop and implement management strategies and programs relating to transit and transportation demand; and (d)  to enter into commercial arrangements with municipalities in the regional transportation area or other persons or entities for a purpose consistent with the Corporation’s objects, including for designing, developing, constructing, maintaining or operating a prescribed passenger transportation system.  2009, c. 14, s. 14 (1); 2018, c. 17, Sched. 25, s. 9. Delegation to subsidiaries (3) The Corporation may, subject to the approval of the Lieutenant Governor in Council, delegate any of its powers under subsection (2) to a subsidiary corporation established under section 17.  2009, c. 14, s. 14 (2). Section Amendments with date in force (d/m/y) 2006, c. 16, s. 51 (6)
- no effect - see 2009, c. 14, s. 34
- 14/05/2009 2009, c. 14, s. 14 (1, 2) - 14/05/2009 2018, c. 17, Sched. 25, s. 9 - 06/12/2018
17 (1) Subject to subsections (2) and (3), the Corporation may establish and dissolve subsidiary corporations within or outside Ontario.  2009, c. 14, s. 15. Same (2) The establishment of a subsidiary corporation under subsection (1), the structure, powers, duties, governance, constitution and management of such subsidiary corporation, the dissolution of such subsidiary corporation and the terms of its dissolution shall be subject to the approval of the Lieutenant Governor in Council.  2009, c. 14, s. 15. Same (3) A subsidiary corporation may be established for the purpose of designing, developing, constructing, holding, managing, funding, maintaining, operating or delivering a prescribed passenger transportation system only if the Corporation controls the subsidiary corporation at the time it is established and afterwards.  2009, c. 14, s. 15. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 15 - 14/05/2009
18 (1) The Corporation may pass by-laws, in the prescribed circumstances and manner, authorizing payments of grants, loans and other financial assistance to any person, including the council of a band within the meaning of the Indian Act
(Canada), a municipality or a public body, for a purpose consistent with the Corporation’s objects.  2006, c. 16, s. 18.  Definition, “public body” (2) In this section, “public body” means a corporation established by a municipality, a local board, a ministry, department, board, commission, agency or official of the provincial or federal government.  2009, c. 14, s. 16. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 16 - 14/05/2009
19 (1) The Corporation or any of its subsidiary corporations may enter into agreements with other persons, including municipalities in Ontario, the Crown in right of Ontario and the Crown in right of Canada, for a purpose consistent with the Corporation’s objects.  2006, c. 16, s. 19 (1).  Same (2) Where the Corporation enters into an agreement with a person in a jurisdiction outside of Ontario, it may, in respect of such agreement and with the approval of the Minister of Finance, waive any immunity outside of Ontario to which it may be entitled as a Crown agency and submit to the jurisdiction of a court outside of Ontario.  2006, c. 16, s. 19 (2). Municipal obligations re agreements (3) Despite any other Act, a municipality may enter into an agreement with the Corporation or a subsidiary of the Corporation and, if it does so, it shall agree to pay to the Corporation or the subsidiary corporation all or any portion of the operating or capital expenditures required to meet the terms of the agreement, including any lease arrangements.  2006, c. 16, s. 19 (3).
20 The Corporation may expropriate land for the purpose of carrying out its objects.  2006, c. 16, s. 20.
21.1 (1) The Corporation’s board of directors may pass by-laws establishing a system of administrative fees under which a person is liable to pay an administrative fee to the Corporation if the Corporation is satisfied that the person contravened, (a)  a by-law passed under clause 21 (1) (a) respecting the stopping, standing or parking of vehicles on land owned, used or occupied by the Corporation; or (b)  a by-law passed under clause 21 (1) (d) respecting the payment of fares by passengers.  2009, c. 14, s. 18. Same (2) A by-law passed under subsection (1) may also provide for the enforcement of the payment of the administrative fee, including when and how the fee is payable, and that an unpaid fee becomes a debt due to the Corporation enforceable in a court of competent jurisdiction.  2009, c. 14, s. 18. Penalties for by-law contravention not affected (3) The imposition or collection of an administrative fee for contravention of a by-law described in clause (1) (a) or (b) is in addition to and does not preclude the person who is liable to pay the fee from, (a)  being charged with and convicted of an offence for contravention of the same by-law; or (b)  agreeing to pay the penalty out of court as provided by subsection 21 (4) for contravention of the same by-law.  2009, c. 14, s. 18. Limitation (4) Despite subsection (1), the Corporation does not have the power to enforce a by-law passed under that subsection until a regulation is made under subsection (5).  2009, c. 14, s. 18. Regulations (5) Upon the recommendation of the Attorney General, the Lieutenant Governor in Council may make regulations providing for any matters which, in the opinion of the Lieutenant Governor in Council, are necessary or desirable for the purposes of this section, including, (a)  granting the Corporation powers with respect to the establishment of a system of administrative fees and with respect to other matters necessary for a system of administrative fees, including requiring that there be, and governing, a review or appeal, or both, from the imposition of an administrative fee; and (b)  imposing conditions and limitations on the Corporation’s powers with respect to administrative fees, including requiring that the fees be imposed and used for specified purposes and prescribing a maximum fee.  2009, c. 14, s. 18. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 18 - 14/05/2009 Financial Matters
22 The fiscal year of the Corporation is April 1 to March 31 of the following year.  2006, c. 16, s. 22.
23 Despite Part I of the Financial Administration Act, the assets and revenues of the Corporation or of any of the Corporation’s subsidiary corporations do not form part of the Consolidated Revenue Fund.  2006, c. 16, s. 23.
23.1 The Corporation’s board of directors shall annually prepare a rolling five-year capital plan for the regional transportation area that includes,  (a)  the Corporation’s plans for the allocation of its funds; and (b)  the priorities assigned by the Corporation to the projects and programs set out in its plans.  2009, c. 14, s. 19. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 19 - 14/05/2009
24 (1) On or before August 31 in each year, or another date specified by the Minister, the Corporation shall submit its budget for the following fiscal year, or for any other period of time specified by the Minister, to the Minister for his or her approval.  2006, c. 16, s. 24 (1).  Form and content of budget (2) The budget shall be in the form required by the Minister and shall include the rolling five-year capital plan prepared under section 23.1 and any other information required by the Minister.  2009, c. 14, s. 20. (3) Repealed: 2018, c. 17, Sched. 25, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 20 - 14/05/2009 2018, c. 17, Sched. 25, s. 11 - 06/12/2018
25 The Corporation shall prepare financial statements annually for the previous fiscal year.  2006, c. 16, s. 25.
26 (1) The Corporation’s board of directors shall appoint one or more licensed public accountants to audit the accounts and transactions of the Corporation and of its subsidiary corporations for the previous fiscal year.  2006, c. 16, s. 26 (1).
 Auditor General (2) The Auditor General may also audit the accounts and transactions of the Corporation or of any of the Corporation’s subsidiary corporations for any fiscal year.  2006, c. 16, s. 26 (2). Minister-appointed auditor (3) The Minister may at any time appoint a licensed public accountant, other than the person appointed under subsection (1), to audit the accounts and transactions of the Corporation or of any of its subsidiary corporations for any period of time specified by the Minister.  2006, c. 16, s. 26 (3).
27 (1) The power of the Corporation and its subsidiary corporations to borrow, issue securities, make short-term investments of funds, manage risk associated with financing and investment or incur liabilities in order to facilitate financing by others may only be exercised under the authority of a by-law that has been approved in writing by the Minister of Finance.  2006, c. 16, s. 27 (1).   Co-ordination of financing activities (2) All borrowing, financing, short-term investment of funds and financial risk management activities of the Corporation and its subsidiary corporations shall be co-ordinated and arranged by the Ontario Financing Authority, unless the Minister of Finance approves otherwise.  2006, c. 16, s. 27 (2).
28 (1) Despite any other Act, but subject to section 11.1 of the Financial Administration Act, real or personal property owned, leased, used or occupied by the Crown in right of Ontario in connection with an activity carried out by the Corporation or any of its subsidiary corporations may be transferred to the Corporation or its subsidiary corporation, with or without consideration, upon the terms approved in writing by Treasury Board.  2006, c. 16, s. 28 (1); 2009, c. 34, Sched. J, s. 31.  Same (2) The Crown in right of Ontario may incur non-cash expenses within the meaning of the Financial Administration Act in connection with a transfer under subsection (1).  2006, c. 16, s. 28 (2); 2009, c. 33, Sched. 26, s. 4. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 26, s. 4 - 15/12/2009; 2009, c. 34, Sched. J, s. 31 - 15/12/2009
29 (1) The Corporation or any of its subsidiary corporations shall not sell or otherwise dispose of all or substantially all of its assets unless the sale or disposition is approved by the Lieutenant Governor in Council and is, (a)  for the purpose of providing security for money loaned to the Corporation; (b)  part of a financing transaction that entitles the Corporation or its subsidiary corporation, on fulfilling the terms and conditions of the transaction, to reacquire the assets sold or disposed of; (c)  for a purpose consistent with the Corporation’s objects; or (d)  for a prescribed purpose.  2006, c. 16, s. 29 (1). Exception (2) Subsection (1) does not apply to a sale or disposition to the Crown in right of Ontario or to a Crown agency.  2006, c. 16, s. 29 (2).
30 (1) The Lieutenant Governor in Council may raise by way of loan in the manner provided by the Financial Administration Act such sums as the Lieutenant Governor in Council considers necessary for the purposes of this Act.  2006, c. 16, s. 30 (1). Province may make loans (2) The Lieutenant Governor in Council may by order authorize the Minister of Finance to make loans to the Corporation or to any of its subsidiary corporations, including loans of the sums raised under subsection (1), on the terms and conditions that the Minister of Finance may determine.  2006, c. 16, s. 30 (2). Province may purchase securities (3) The Lieutenant Governor in Council may by order authorize the Minister of Finance to purchase securities of the Corporation’s subsidiary corporations at the times and on the terms and conditions that the Minister of Finance may determine.  2006, c. 16, s. 30 (3). Payment from Consolidated Revenue Fund (4) The Minister of Finance shall pay from the Consolidated Revenue Fund any amount required for the purpose of subsection (2) or (3).  2006, c. 16, s. 30 (4). Limits (5) The total of the amounts of loans made under subsection (2) and of securities purchased under subsection (3) shall not exceed the amount that may be specified by the Lieutenant Governor in Council as the maximum principal amount that may be advanced, purchased or outstanding at any time and shall be subject to any other terms and conditions that may be specified by the Lieutenant Governor in Council.  2006, c. 16, s. 30 (5).
30.1 (1) Amounts that were deemed, by section 69 of the Greater Toronto Services Board Act, 1998, as it read immediately before January 1, 2002, to be capital costs for the purposes of subsection 5 (3) of the Development Charges Act, 1997 are deemed to be capital costs for the purposes of subsection 5 (3) of the Development Charges Act, 1997 and may be collected by a municipality under a development charge by-law passed before, or after, January 1, 2002.  2009, c. 14, s. 21. Same (2) Despite subsection 9 (1) of the Development Charges Act, 1997, a development charge by-law described in subsection (1) that would, if not for subsection 35 (1.1) of the GO Transit Act, 2001, as it read immediately before its repeal, have expired on December 31, 2003 shall remain in force until the earlier of, (a)  the day it is repealed; and (b)  a prescribed date.  2009, c. 14, s. 21. Deemed capital costs (3) If a municipality agrees to pay a capital cost that is required for the purposes of this Act, the amount that the municipality agrees to pay is deemed to be a capital cost for the purposes of subsection 5 (3) of the Development Charges Act, 1997 and may be collected by the municipality under a development charge by-law described in subsection (1) or under another development charge by-law passed for the purpose.  2009, c. 14, s. 21. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 21 - 14/05/2009 Accountability
31 (1) The Minister may issue directives in writing to the Corporation in respect of any matter under this Act.  2006, c. 16, s. 31 (1).  (1.1) Repealed: 2018, c. 17, Sched. 25, s. 12. Implementation (2) The Corporation’s board of directors shall ensure that the directives are implemented promptly and efficiently.  2006, c. 16, s. 31 (2). Directive not a regulation (3) A directive is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2006, c. 16, ss. 31 (3), 52 (4). Section Amendments with date in force (d/m/y) 2006, c. 16, s. 52 (4) - 25/07/2007 2009, c. 14, s. 22
- 14/05/2009 2018, c. 17, Sched. 25, s. 12 - 06/12/2018
32 (1) The Corporation’s board of directors shall adopt a business plan for each fiscal year. 2018, c. 17, Sched. 25, s. 14. Rolling five-year capital plan (2) The business plan shall include the rolling five-year capital plan prepared under section 23.1. 2018, c. 17, Sched. 25, s. 14. Submission to Minister (3) The board shall submit a copy of the business plan to the Minister for approval. 2018, c. 17, Sched. 25, s. 14. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 24 - 14/05/2009 2018, c. 17, Sched. 25, s. 14 - 06/12/2018 32.1 Repealed: 2018, c. 17, Sched. 25, s. 15. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 25 - 14/05/2009 2018, c. 17, Sched. 25, s. 15 - 06/12/2018
33 (1) The Corporation shall prepare an annual report, provide it to the Minister no later than 120 days after the end of the Corporation’s fiscal year and make it available to the public. 2017, c. 34, Sched. 46, s. 24. Same (2) The Corporation shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a)  the form and content of the annual report; and (b)  when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 24. Same (3) The Corporation shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 26 - 14/05/2009 2017, c. 34, Sched. 46, s. 24 - 01/01/2018
33.1 The Minister shall table the Corporation’s annual report in the Assembly no later than 30 days after determining that the annual report meets the requirements of section 33 and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when and how to make that determination. 2017, c. 34, Sched. 46, s. 24. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 24 - 01/01/2018
33.2 (1) The Corporation and its subsidiary corporations shall provide the Minister with such information on any aspect of their business and affairs or on any matter respecting transportation or transit as the Minister may at any time request, including but not limited to information about, (a)  contract management; (b)  consultant assignments; (c)  sponsorship agreements; (d)  staffing; (e)  salaries; and (f)  any other financial or organizational matter. 2018, c. 17, Sched. 25, s. 16. Reports by third parties (2) The Minister may appoint one or more persons to review any of the activities or proposed activities of the Corporation or of any of its subsidiary corporations and to report on them to the Minister. 2017, c. 34, Sched. 46, s. 24. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 24 - 01/01/2018 2018, c. 17, Sched. 25, s. 16 - 06/12/2018
34 (1) The Corporation or any of its subsidiary corporations may, with the approval of the Minister, declare in writing in any contract, security or instrument that it is not acting as a Crown agency for the purpose of that contract, security or instrument.  2006, c. 16, s. 34 (1). Same (2) Despite section 3 and the Crown Agency Act, where the Corporation or any of its subsidiary corporations makes a declaration under subsection (1) in a contract, security or instrument, the Corporation or subsidiary corporation is deemed not to be acting as a Crown agency for the purposes of that contract, security or instrument and the Crown is not liable for any liabilities or obligations incurred by the Corporation or the subsidiary corporation under that contract, security or instrument.  2006, c. 16, s. 34 (2).
35 (1) No proceeding shall be commenced against the Crown as a result of any act or omission of the Corporation or any of its subsidiary corporations or of an officer, employee or director of the Corporation or any of its subsidiary corporations.  2006, c. 16, s. 35 (1). Exception (2) Subsection (1) does not apply to a proceeding to enforce against the Crown its obligations under a written contract to which it is a party.  2006, c. 16, s. 35 (2). Unpaid judgments against the Corporation (3) The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against the Corporation or any of its subsidiary corporations that remains unpaid after the Corporation or subsidiary corporation has made all reasonable efforts, including liquidating its assets, to pay the amount of the judgment.  2006, c. 16, s. 35 (3). Exception (4) Subsection (3) does not apply to any judgment in respect of a contract, security or instrument in which a declaration referred to in subsection 34 (1) is made.  2006, c. 16, s. 35 (4).
36 (1) No action or other proceeding for damages shall be brought against a director, officer or employee of the Corporation or of any of its subsidiary corporations as a result of any act done in good faith in the performance or intended performance of any duty under this Act, or in the exercise or intended exercise of any power under this Act, or as a result of any neglect or default in the performance or exercise in good faith of such duty or power.  2006, c. 16, s. 36 (1). Corporation not relieved of liability (2) Subsection (1) does not relieve the Corporation or a subsidiary corporation of any liability to which it would otherwise be subject in respect of a cause of action arising from any act, neglect or default referred to in that subsection.  2006, c. 16, s. 36 (2). Application of Other Acts
39 (1) The Corporation is deemed to be a public body as defined in the Environmental Assessment Act for the purposes of that Act.  2006, c. 16, s. 39 (1).  Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 39 (1) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 59 (2)) Same (2) The approval issued to the Minister under the Environmental Assessment Act pursuant to order in council number 1653/99 with respect to certain activities of the Ministry, including any extension, amendment or replacement of the approval, applies to the Corporation and its subsidiary corporations as if they were named in the approval.  2006, c. 16, s. 39 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 39 (2) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 59 (3)) Same (3) The approval issued to the Minister under the Environmental Assessment Act pursuant to order in council number 2316/95 with respect to certain activities of GO Transit that was in force immediately before the day section 43 comes into force, including any extension, amendment or replacement of the approval, applies to the Corporation and its subsidiary corporations as if they were named in the approval.  2006, c. 16, s. 39 (3); 2009, c. 14, s. 28. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 39 (3) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 59 (4)) Section Amendments with date in force (d/m/y) 2009, c. 14, s. 28 - 14/05/2009 2020, c. 18, Sched. 6, s. 59 (2-4) - not in force Ministry of Infrastructure Act, 2011 39.1 (1) Repealed: 2018, c. 17, Sched. 25, s. 17. Same (2) Section 8 (Procurement policies, Government property) of the Ministry of Infrastructure Act, 2011
does not apply with respect to transportation infrastructure projects undertaken by the Corporation, by one or more subsidiary corporations of the Corporation or by the Corporation and one or more of its subsidiary corporations.  2011, c. 9, Sched. 27, s. 31 (2); 2015, c. 38, Sched. 7, s. 50 (2). Section Amendments with date in force (d/m/y) 2009, c. 14, s. 29 - 14/05/2009 2011, c. 9, Sched. 27, s. 31 (2) - 06/06/2011 2015, c. 38, Sched. 7, s. 50 (1, 2) - 10/12/2016 2018, c. 17, Sched. 25, s. 17 - 06/12/2018 Municipal Act, 2001 39.2 (1) Sections 249 and 273 of the Municipal Act, 2001 apply to the Corporation with necessary modifications.  2009, c. 14, s. 29. Same (2) For the purpose of subsection (1), a reference in a provision of the Municipal Act, 2001 referred to in that subsection to an official of a municipality shall be read as a reference to an employee of the Corporation designated by a by-law of the Corporation for that purpose.  2009, c. 14, s. 29. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 29 - 14/05/2009 40 Repealed: 2020, c. 34, Sched. 23, s. 9. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 30 - 14/05/2009 2020, c. 34, Sched. 23, s. 9 - 01/07/2021 41 Repealed: 2018, c. 17, Sched. 25, s. 18. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 25, s. 18 - 06/12/2018 Regulations
39.1 (1) Repealed: 2018, c. 17, Sched. 25, s. 17. Same (2) Section 8 (Procurement policies, Government property) of the Ministry of Infrastructure Act, 2011
does not apply with respect to transportation infrastructure projects undertaken by the Corporation, by one or more subsidiary corporations of the Corporation or by the Corporation and one or more of its subsidiary corporations.  2011, c. 9, Sched. 27, s. 31 (2); 2015, c. 38, Sched. 7, s. 50 (2). Section Amendments with date in force (d/m/y) 2009, c. 14, s. 29 - 14/05/2009 2011, c. 9, Sched. 27, s. 31 (2) - 06/06/2011 2015, c. 38, Sched. 7, s. 50 (1, 2) - 10/12/2016 2018, c. 17, Sched. 25, s. 17 - 06/12/2018 Municipal Act, 2001 39.2 (1) Sections 249 and 273 of the Municipal Act, 2001 apply to the Corporation with necessary modifications.  2009, c. 14, s. 29. Same (2) For the purpose of subsection (1), a reference in a provision of the Municipal Act, 2001 referred to in that subsection to an official of a municipality shall be read as a reference to an employee of the Corporation designated by a by-law of the Corporation for that purpose.  2009, c. 14, s. 29. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 29 - 14/05/2009 40 Repealed: 2020, c. 34, Sched. 23, s. 9. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 30 - 14/05/2009 2020, c. 34, Sched. 23, s. 9 - 01/07/2021 41 Repealed: 2018, c. 17, Sched. 25, s. 18. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 25, s. 18 - 06/12/2018 Regulations
39.2 (1) Sections 249 and 273 of the Municipal Act, 2001 apply to the Corporation with necessary modifications.  2009, c. 14, s. 29. Same (2) For the purpose of subsection (1), a reference in a provision of the Municipal Act, 2001 referred to in that subsection to an official of a municipality shall be read as a reference to an employee of the Corporation designated by a by-law of the Corporation for that purpose.  2009, c. 14, s. 29. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 29 - 14/05/2009 40 Repealed: 2020, c. 34, Sched. 23, s. 9. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 30 - 14/05/2009 2020, c. 34, Sched. 23, s. 9 - 01/07/2021 41 Repealed: 2018, c. 17, Sched. 25, s. 18. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 25, s. 18 - 06/12/2018 Regulations
43 (1) GO Transit is hereby dissolved.  2006, c. 16, s. 43 (1). Members terminated (2) The terms of office of the members of GO Transit who are in office immediately before its dissolution are terminated on the day of the dissolution.  2006, c. 16, s. 43 (2). Final annual report (3) Despite the dissolution of GO Transit, the chair and chief executive officer of GO Transit who held office immediately before the dissolution shall prepare and deliver the annual report for the last fiscal year of GO Transit before its dissolution, as required by section 24 of the GO Transit Act, 2001, as it read immediately before the dissolution.  2006, c. 16, s. 43 (3). Same (4) For the purpose of subsection (3), if GO Transit is dissolved in any year on a date other than March 31, its last fiscal year is deemed to be from the preceding April 1 to the date of its dissolution.  2006, c. 16, s. 43 (4). Other filings (5) The chair and chief executive officer of GO Transit who held office immediately before the dissolution shall make any other filings or reports that would have been required of GO Transit under the GO Transit Act, 2001, as it read immediately before the dissolution.  2006, c. 16, s. 43 (5). By-laws continued (6) The by-laws of GO Transit that were made or deemed to be made under the GO Transit Act, 2001
and that are in force immediately before the dissolution of GO Transit are deemed to be by-laws made by the Corporation under this Act and shall remain in force until they are amended or repealed by by-law of the Corporation under this Act or by a regulation made by the Minister.  2006, c. 16, s. 43 (6). Continued immunity (7) No action or other proceeding for damages shall be brought against a former member, officer or employee of the Greater Toronto Services Board or GO Transit as a result of any act done in good faith in the performance or intended performance of any duty under the Greater Toronto Services Board Act, 1998 or the GO Transit Act, 2001, or in the exercise or intended exercise of any power under either Act, or as a result of any neglect or default in the performance or exercise in good faith of such duty or power.  2006, c. 16, s. 43 (7). Regulations (8) The Minister may make regulations for the purposes of subsection (6), and such regulation prevails over a by-law or resolution made or deemed to be made by the Corporation under this Act.  2006, c. 16, s. 43 (8).
44 (1) All assets, liabilities, rights and obligations of GO Transit, including contractual rights, interests, approvals, registrations and entitlements, that exist immediately before the dissolution
of GO Transit continue as the assets, liabilities, rights and obligations of the Corporation, and are hereby transferred to the Corporation, without compensation.  2006, c. 16, s. 44 (1). Application of s. 69 of Labour Relations Act, 1995 (2) The transfer under subsection (1) is deemed to be a sale of a business under section 69 of the Labour Relations Act, 1995 and section 69 of the Labour Relations Act, 1995 applies to the transfer.  2006, c. 16, s. 44 (2); 2006, c. 35, Sched. D, s. 19. No change of control (3) The dissolution of GO Transit and transfer of its assets, liabilities, rights and obligations to the Corporation shall not constitute a change of control of GO Transit in respect of any asset, liability, right or obligation of GO Transit referred to in subsection (1).  2006, c. 16, s. 44 (3). No breach, etc. (4) The transfer under subsection (1), (a)  is deemed not to constitute a breach, termination, repudiation or frustration of any contract, including a contract of employment or insurance; (b)  is deemed not to constitute a breach of any Act, regulation or municipal by-law; (c)  is deemed not to constitute an event of default or force majeure; (d)  is deemed not to give rise to a breach, termination, repudiation or frustration of any licence, permit or other right; (e)  is deemed not to give rise to any right to terminate or repudiate a contract, licence, permit or other right; and (f)  is deemed not to give rise to any estoppel.  2006, c. 16, s. 44 (4). No new cause of action (5) The transfer under subsection (1) does not create any new cause of action in favour of, (a)  a holder of a debt instrument that was issued by GO Transit and guaranteed by the Province of Ontario before the transfer; or (b)  a party to a contract with GO Transit that was entered into before the transfer.  2006, c. 16, s. 44 (5). Transfer binding (6) Despite any other Act that requires notice or registration of a transfer described in subsection (1), the transfer under subsection (1) is binding on the Corporation and all other persons.  2006, c. 16, s. 44 (6). Non-application of other Acts (7) The Land Transfer Tax Act and the Retail Sales Tax Act do not apply to the transfer under subsection (1).  2006, c. 16, s. 44 (7); 2017, c. 2, Sched. 3, s. 7. Regulations (8) The Lieutenant Governor in Council may make regulations, (a)  prescribing contracts to which subsections (4) and (5) do not apply; (b)  prescribing Acts, in addition to those listed in subsection (7), that do not apply to the transfer under subsection (1).  2006, c. 16, s. 44 (8). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. D, s. 19 - 20/12/2006 2017, c. 2, Sched. 3, s. 7 - 22/03/2017
45 (1) The employees of GO Transit immediately before the dissolution of GO Transit are employees of the Corporation as of the dissolution.  2006, c. 16, s. 45 (1).  Same (2) For all purposes, including the purposes of an employment contract, a collective agreement and the Employment Standards Act, 2000, the employment of the employees of GO Transit is not terminated and those employees are not constructively dismissed because of the transfer under subsection (1).  2006, c. 16, s. 45 (2). Same (3) For all purposes, the employment of the employees described in subsection (1) immediately before and after the dissolution of GO Transit is continuous.  2006, c. 16, s. 45 (3). Same (4) The terms and conditions of employment for each of the employees described in subsection (1) immediately before the dissolution of GO Transit continue to be the terms and conditions of their employment with the Corporation as of the dissolution.  2006, c. 16, s. 45 (4). Interim Measures — Upload of Rapid Transit Projects Sole Responsibility Project
46 (1) The Lieutenant Governor in Council may, by regulation, prescribe a project to design, develop and construct rapid transit or an extension to rapid transit as a rapid transit project that is the sole responsibility of the Corporation. 2019, c. 8, Sched. 3, s. 2. Prohibition, City of Toronto and its agencies (2) The City of Toronto and its agencies shall not design, develop, construct or work on, or cause design, development, construction or work on, (a)  a rapid transit project that is the sole responsibility of the Corporation; or (b)  a rapid transit project that is substantially similar and in close proximity to a rapid transit project that is the sole responsibility of the Corporation. 2019, c. 8, Sched. 3, s. 2. Minister’s authorization (3) Despite subsection (2), the Minister may authorize the City of Toronto and its agencies to do design, development, construction or work described in subsection (2). 2019, c. 8, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 14, s. 32 - 14/05/2009 2018, c. 17, Sched. 25, s. 20 - 06/12/2018 2019, c. 8, Sched. 3, s. 2 - 06/06/2019