Application of certain Acts
115. (1) For the purposes of the Public Vehicles Act and the regulations with respect to registration fees under the Highway Traffic Act, the Metropolitan Area shall be deemed to be one urban municipality and, for the purpose of the Truck Transportation Act, the Metropolitan Area shall be deemed to be one urban municipality. R.S.O. 1990, c. M.62, s. 115 (1). Exclusive authority (2) Except in accordance with an agreement made under subsection (3), no person other than the Commission shall operate a local passenger transportation service within the Metropolitan Area, except for, (a) rickshaws; (b) pedicabs; (c) steam railways; (d) taxis; (e) vehicles used for providing sightseeing tours; (f) vehicles exclusively chartered to transport a group of persons for a specified trip within the Metropolitan Area and for which a group fee is paid; (g) buses owned and operated by or pursuant to a contract with a board of education, school board or private school; and (h) buses owned and operated by any corporation or organization solely for its own purposes so long as no fee is charged for transportation. 1992, c. 15, s. 39. Agreements (3) An agreement may be entered into between the Commission and any person legally operating a local public passenger transportation service wholly within or partly within and partly without the Metropolitan Area on the 1st day of January, 1954, under which such person may continue to operate such service or any part thereof for such time and upon such terms and conditions as such agreement provides. Existing services (4) Where a local public passenger transportation service is legally operating wholly within the Metropolitan Area on the 1st day of April, 1953, and continues in operation, and will be required by subsection (2) to cease to operate within the Metropolitan Area on the 1st day of July, 1954 or upon the termination of an agreement made under subsection (3), (a) the Commission may agree with the owner of the service, not later than one month before the date upon which the service will be required to cease to operate, to purchase the assets and undertaking used in providing the service; and (b) if no agreement is entered into under clause (a), the assets and undertaking used in providing the service, not disposed of by the owner thereof before the date upon which the service is required to cease to operate, shall vest in the Commission on that date. Idem (5) Where a local public passenger transportation service is legally operating partly within and partly without the Metropolitan Area on the 1st day of April, 1953, and continues in operation, and will be required by subsection (2) to cease to operate within the Metropolitan Area on the 1st day of July, 1954 or upon the termination of an agreement made under subsection (3), (a) the Commission may agree with the owner of the service, not later than one month before the date upon which the service will be required to cease to operate within the Metropolitan Area, to purchase the assets and undertaking used in providing the entire service or to purchase the portion thereof that is allocated to the provision of the service within the Metropolitan Area; and (b) if no agreement is entered into under clause (a), the portion of the assets and undertaking that is allocated to the provision of the service within the Metropolitan Area, not disposed of by the owner thereof before the date upon which the service is required to cease to operate, shall vest in the Commission on that date. Compensation (6) Where the whole or a portion of the assets and undertaking used in or allocated to the provision of a local public passenger transportation service vests in the Commission, the Commission shall pay due compensation therefor to the owner thereof, based upon the value to the owner of the assets and undertaking used in providing the service where the service was operated wholly within the Metropolitan Area, and based upon the proportion of such value that is allocated to the provision of the service within the Metropolitan Area where the service was operated partly within and partly without the Metropolitan Area. Compensation and allocation (7) The amount of any compensation payable under this section or any question of allocation, if not mutually agreed upon, shall be determined by the Municipal Board, and the decision of the Municipal Board on any question of allocation is final. Commission deemed a street railway company (8) The Commission shall be deemed to be a street railway company for the purposes of The Railways Act, being chapter 331 of the Revised Statutes of Ontario, 1950. Outside service (9) Where a local public passenger transportation service operating partly within and partly without the Metropolitan Area is required by subsection (2) to cease to operate within the Metropolitan Area and thereupon discontinues the portion of its service beyond the Metropolitan Area, the Municipal Board may, on the application of any municipality, order the Commission to furnish a similar service upon such terms and conditions and to such extent as may be fixed by the Municipal Board. R.S.O. 1990, c. M.62, s. 115 (3-9). Operating licence to be issued (10) Where the Municipal Board orders the Commission to furnish a service under subsection (9), the Commission shall be deemed to have applied for a public vehicle operating licence under the Public Vehicles Act, and the Ontario Highway Transport Board shall issue a public vehicle operating licence to the Commission. 1996, c. 9, s. 28. Offence (11) Every person who contravenes any of the provisions of subsection (2) is guilty of an offence. R.S.O. 1990, c. M.62, s. 115 (11).