Greater Toronto Transportation Authority Act, 2006, S.O. 2006, C. 16 - Bill 104

1

chapter 16

An Act to establish the
Greater Toronto Transportation
Authority and to repeal the
GO Transit Act, 2001

Assented to June 22, 2006

CONTENTS

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

Definitions

1.(1)In this Act,

“Corporation” means the Greater Toronto Transportation Authority established under section 2; (“Régie”)

“GO Transit”, except as part of the phrases “GO Transit service area” and “GO Transit system”, means the Greater Toronto Transit Authority that was continued under the GO Transit Act, 2001, as it read immediately before the day section 50 is proclaimed in force; (“Réseau GO”)

“GO Transit service area” means the area prescribed as the GO Transit service area; (“secteur desservi par le réseau de transport en commun GO”)

“GO Transit system” means the passenger transportation system, including commuter services and excluding local transit systems, that is operated principally within the GO Transit service area; (“réseau de transport en commun GO”)

“local transit system” means a passenger transportation system that is operated principally within an upper-tier, lower-tier or single-tier municipality and includes transportation services for persons with physical disabilities, but does not include transportation by special purpose vehicles such as school buses or ambulances; (“réseau local de transport en commun”)

“Minister” means the Minister of Transportation or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”)

“prescribed” means prescribed by regulation made under this Act; (“prescrit”)

“regional transportation area” means the area that includes 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 any additional prescribed areas; (“secteur régional de transport”)

“security”, except in clauses 6 (1) (d) and 29 (1) (a), means security as defined in the Securities Act. (“valeur mobilière”)

Same

(2)Before the repeal of the GO Transit Act, 2001 in section 50, a reference in this Act to the GO Transit system is a reference to the regional transit system under that Act.

Corporation

Corporation established

2.(1)A corporation without share capital is hereby established under the name Greater Toronto Transportation Authority in English and Régie des transports du grand Torontoin French.

Composition

(2)The Corporation is composed of the members of its board of directors.

Crown agency

3.(1)The Corporation is a Crown agency within the meaning of the Crown Agency Act.

Same

(2)Any subsidiary corporation of the Corporation is a Crown agency within the meaning of the Crown Agency Act.

Divisions

4.The Corporation includes the following divisions:

1.Farecard Division.

2.Transportation Procurement Division.

Objects

5.(1)The objects of the Corporation are,

(a)to provide leadership in the co-ordination, planning, financing and development of an integrated, multi-modal transportation network that conforms with transportation polices of growth plans prepared and approved under the Places to Grow Act, 2005 applicable in the regional transportation area and complies with other provincial transportation policies and plans applicable in the regional transportation area; and

(b)to act as the central procurement agency for the procurement of local transit systemvehicles, equipment, technologies and facilities and related supplies and services on behalf of Ontario municipalities.

Definition

(2)In this section,

“multi-modal” means the availability, provision or use of more than one mode of transportation, such as automobiles, walking, cycling, buses, rapid transit, including subways and transitways, rail, including commuter and freight rail, and trucks.

Duties of Corporation re leadership in transportation integration

6.(1)In carrying out its objects as described in clause 5 (1) (a), the Corporation shall,

(a)create a transportation plan for the regional transportation area and plan, co-ordinate and set priorities for its implementation;

(b)fund, or arrange and manage the funding for, integrated transportation across the regional transportation area;

(c)promote and facilitate co-ordinated decision-making and investment among the municipalities in the regional transportation area in order to ensure the efficient and cost-effective resolution of matters of shared concern among the municipalities respecting transportation, including,

(i)the provision and the optimal use and location of transportation infrastructure, including highway and transit infrastructure,

(ii)the integration of transportation infrastructure, including highway and transit infrastructure, and

(iii)the integration of routes, fares and schedules of the GO Transit system and local transit systems in the regional transportation area;

(d)promote the safety and efficiency of transportation corridors and develop a comprehensive emergency and security plan for local transit systems in the regional transportation area;

(e)advise the Minister and the heads of the councils of the municipalities listed in clause 9 (2) (b) of the implications to the local transit systems in the regional transportation area presented by,

(i)the Minister’s transportation strategy for the province as it applies to the regional transportation area,

(ii)the transportation plan for the regional transportation area created by the Corporation,

(iii)the prescribed provincial plans and policies,

(iv)the official plans of the municipalities in the regional transportation area, and

(v)the major development proposals in the regional transportation area that may affect the optimal use and location of transportation infrastructure, including highway and transit infrastructure.

Requirements for transportation plan

(2)The transportation plan required by clause (1) (a) must,

(a)take into consideration all modes of transportation, including highways, railways, local transit systems, the GO Transit system, cycling and walking;

(b)make use of intelligent transportation systems and other innovative technologies;

(c)comply with the Minister’s transportation plans, policies and strategies for the province as they apply to the regional transportation area;

(d)comply with the prescribed provincial plans and policies;

(e)be consistent with the official plans of the municipalities in the regional transportation area;

(f)promote the integration of local transit systems in the regional transportation area with each other and with the GO Transit system;

(g)work towards easing congestion and commute times in the regional transportation area;

(h)work towards reducing transportation-related emissions of smog precursors and greenhouse gases in the regional transportation area;

(i)promote transit-supportive development to increase transit ridership and must support the viability and optimization of transit infrastructure;

(j)include a rolling five-year capital plan for the regional transportation area;

(k)include an investment strategy for the rolling five-year capital plan; and

(l)address such other matters and include such other information as may be prescribed.

Public consultation

(3)The Corporation shall, in the creation of the transportation plan required by clause (1) (a),

(a)ensure that notice is given informing the relevant provincial ministers of the Crown and provincial agencies, relevant federal ministers of the Crown and federal agencies, the public, municipalities and planning authorities having jurisdiction in the regional transportation area of the creation of the plan; and

(b)consult with the relevant provincial ministers of the Crown and provincial agencies, relevant federal ministers of the Crown and federal agencies, the public, municipalities and planning authorities having jurisdiction in the regional transportation area and other interested persons and groups, as and in the manner that the Corporation’s board of directors considers appropriate.

Review of transportation plan

(4)The Corporation shall, at least every 10 years after subsection (1) comes into force, complete a review of the transportation plan required by clause (1) (a) and make any necessary changes to the transportation plan to ensure that it complies with the prescribed provincial plans and policies in accordance with clause (2) (d).

Definition

(5)In this section,

“highway” includes a common and public highway, street, road,avenue, parkway, driveway, square, place, bridge, viaduct, trestle or any other structure incidental thereto, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

Duties of Corporation re unified fare system

7.(1)In carrying out its objects as described in clause 5 (1) (a) with respect to the integration of transit systems, the Corporation, primarily through its Farecard Division, 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 the GO Transit system, local transit systemsin the regional transportation area and local transit systems of municipalities outside the regional transportation area that agree to participate.

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.

Duties of Corporation re procurement

8.(1)In carrying out its objects as described in clause 5 (1) (b), the Corporation, primarily through its Transportation Procurement Division, 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.

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.

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.

Board of directors

9.(1)The business and affairs of the Corporation shall be managed by its board of directors.

Composition

(2)The board shall be composed of,

(a)two persons appointed by the Lieutenant Governor in Council on the recommendation of the Minister; and

(b)the following persons appointed by the Lieutenant Governor in Council on the recommendation of the Minister:

(i)four persons recommended by the council of the City of Toronto,

(ii)one person recommended by the council of the City of Hamilton,

(iii)one person recommended by the council of The Regional Municipality of Durham,

(iv)one person recommended by the council of The Regional Municipality of Halton,

(v)one person recommended by the council of The Regional Municipality of Peel, and

(vi)one person recommended by the council of The Regional Municipality of York.

Term of office

(3)The directors shall hold office at pleasure of the Lieutenant Governor in Council for a term determined by the Lieutenant Governor in Council and may be reappointed.

Same – first board

(4)The term of office of the directors on the first board appointed after the coming into force of this section shall be staggered, as determined by the Lieutenant Governor in Council.

Quorum

(5)A majority of the directors, which must include the chair or vice-chair, constitutes a quorum.

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.

Remuneration and benefits

(7)The Corporation shall pay remuneration and provide benefits as is determined by the Lieutenant Governor in Council to the directors who are not public servants, employees of municipalities or members of council of municipalities.

Vacancy – no council recommendation

(8)If a council referred to in clause (2) (b) fails to recommend the number of persons it is required to recommend under that clause within 90 days after the day this section comes into force or within 90 days after a director previously recommended by that council ceases to be a director for any reason, the Lieutenant Governor in Council, on the recommendation of the Minister, may appoint any person to serve as director in the place of a person to be recommended by that council until the council makes the required recommendation and a person is appointed under clause (2) (b) for the remainder of the term.

Vacancy – validity of board

(9)If a director ceases to be a director for any reason, no decision,act or proceeding of the board occurring within 90 days after the day on which the director ceased to be a member of the board is invalid merely because of there being in office less than the number of directors required by this section.

Chair, vice-chair

10.(1)The Minister shall designate the directors appointed under clause 9 (2) (a) as the chair and the vice-chair of the Corporation’s board of directors.

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.

Meetings of board

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.

Casting vote

(2)The chair has a second or casting vote in the event of a tie.

Open to the public

(3)Meetings of the board shall be open to the public only on the following occasions:

1.When the board is considering the adoption of a transportation plan for the regional transportation area.

2.When the board is considering the adoption of a rolling five-year capital plan for the regional transportation area.

3.When the board is considering the adoption of an investment strategy for the rolling five-year capital plan.

4.When the Corporation’s annual report is being presented to the board.

5.When the board is approving its annual budget.

6.On any other occasion as determined by the board.

Improper conduct

(4)The chair may expel or exclude from any meeting any person, including a director, for improper conduct at the meeting.

By-laws, resolutions of board

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.

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.

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.

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.

By-laws, resolutions are not regulations

(5)The Regulations Act does not apply to by-laws or resolutions made by the Corporation.

Advisory committees

13.(1)The Corporation’s board of directors shall by by-law establish one or more advisory committees.

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.

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.