OHBA is seeking comments from members in relation to Bill 17 - Protect Ontario by Building Faster and Smarter Act, 2025.
All comments are to be sent to kjensen@ohba.ca no later than May 31, 2025.
The following postings are related to similar proposed amendments to the Building Transit Faster Act, 2020 or the Metrolinx Act to support Bill 17.
MINISTRY OF TRANSPORTATION – PROPOSED AMENDMENT TO THE BUILDING TRANSIT FASTER ACT, 2020
Proposal number: ERO 025-0450, Comments open until June 11th.
Link to commenting post: Bill 17: Protect Ontario by Building Faster and Smarter Act, 2025 – Amendment to the Building Transit Faster Act, 2020 | Environmental Registry of Ontario
With the aim of helping to create transit projects faster, Bill 17 proposes amendments to the Building Transit Faster Act, 2020.
The BTFA provides the tools needed for Metrolinx to deliver the current "priority transit projects" under the Act (Ontario Line, Yonge North Subway Extension, Scarborough Subway Extension, Eglinton Crosstown West Extension, Hamilton Light Rail Transit, and the Hazel McCallion Light Rail Transit line extensions) by providing:
- Utility Company Coordination - A framework for enhanced coordination of utility relocations to support better management of project schedule and costs;
- Municipal Service and Right-of-Way Access - An approach to municipal permits and backstop authority to compel access to municipal rights-of-way and services (water, sewer);
- Corridor Development Permits - Requirements for owners of adjacent land and infrastructure to obtain a corridor development permit for construction and development activities that may interfere with transit construction;
- Entering Lands - The ability to enter lands for due diligence work (e.g., soil testing), removal of obstructions and encroachments (e.g., trees), addressing imminent danger, and for the purpose of ensuring that a permit or stop-work order is being complied with; and,
- Land Assembly - A streamlined land assembly process.
The proposed amendment adds a new definition of “provincial transit project” to the BTFA, meaning a “transit project that Metrolinx has authority to carry out.” The definition will continue to encompass projects that were previously defined as priority transit projects. This amendment, if passed, will expand the application of the BTFA to all provincial transit projects without having to name them in the Act or prescribe them via regulatory amendments. Upon Royal Assent, Metrolinx would have immediate access to two of the BTFA measures: Utility Company Coordination and Municipal Service and Right-of-Way Access for all provincial transit projects. The remaining three measures, Corridor Development Permits, Entering Lands, and Land Assembly, will be available to Metrolinx upon designation of transit corridor lands via Order in Council (OIC).
If the amendment is passed, Ontarians are expected to see more public transit projects built faster. Expanding the number of transit projects under the BTFA will help the government’s plan to build transit faster so people can get where they want to go, when they want to get there, while reducing congestion and driving economic growth. Please see the full ERO posting for additional information.
MINISTRY OF TRANSPORTATION – PROPOSED AMENDMENT TO THE BUILDING TRANSIT FASTER ACT, 2020 TO EXPAND DEFINITION OF PRIORITY TRANSIT PROJECTS TO ALL PROVINCIAL TRANSIT PROJECTS
Proposal number: 25-MT005, Comments open until June 11th.
Link to commenting post: Ontario Regulatory Registry
As directly related to the above post: MTO is proposing a legislative amendment to add a new definition "provincial transit project" to the BTFA, defined as a "transit project that Metrolinx has authority to carry out." The definition will include projects that were previously defined as "priority transit projects" under the Act. The current 'priority transit projects' under the Act are the Ontario Line, Scarborough Subway Extension, Eglinton Crosstown West Extension, Yonge North Subway Extension, Hamilton Light Rail Transit and Hazel McCallion Light Rail Transit line extensions.
The legislative amendment will expand the applicability of the BTFA to all provincial transit projects to streamline project delivery and accelerate completion of all provincial transit projects under Metrolinx's delivery authority. The measures introduced by the BTFA provide:
• The ability to enter lands for due diligence work (e.g., soil testing), removal of obstructions and encroachments (e.g., trees), addressing imminent danger, and ensuring that a permit or stop-work order is being complied with;
• A framework for enhanced coordination of utility relocations to support better management of project schedules and costs;
• A streamlined land assembly process;
• An approach to municipal permits, and backstop authority to compel access to municipal rights-of-way and services (water, sewer); and
• Requirements for owners of adjacent land and infrastructure to obtain a corridor development permit for construction and development activities that may interfere with transit construction.
In March 2021, a Minister's regulation (O.Reg. 181/21) came into force, delegating certain provisions of the BTFA to Metrolinx. Certain BTFA measures, such as utility coordination and municipal right-of-way access would be immediately available to be used for provincial transit projects upon Royal Assent of the proposed BTFA amendments. The other three measures - corridor development permits, entering lands, and land assembly - would become available to Metrolinx upon designation of transit corridor lands. Expanding the definition of transit projects under the BTFA will help the government's plan to build transit faster so Ontarians can get to where they want to go, when they want to get there, while reducing congestion and driving economic growth.
[10] PROPOSED AMENDMENT TO THE METROLINX ACT, 2026
Proposal number: 25-MT006, Comments open until June 11th.
Link to commenting post: Ontario Regulatory Registry
The Metrolinx Act, 2006 establishes Metrolinx as a Crown agency of the Ontario government with a mandate to, among other things, coordinate and integrate transportation systems in the Greater Toronto and Hamilton Area (GTHA) to improve transit services, manage regional transit systems, and to ensure integration with local municipal transit. The proposed amendment permits the Minister of Transportation to request certain information and data from municipalities or municipal agencies necessary to support the development of provincial transit projects or Transit-Oriented Communities projects.
Metrolinx plans and builds major provincial transit projects. The delivery of major transit projects requires negotiation and agreement with municipal governments, relying on the exchange of information and data to ensure transit project planning and delivery is successful. Where information is not shared sufficiently or in a timely manner, this may result in significant project delays, reductions in efficiencies, as well as legal and reputational risks. If approved, the proposed amendment would contribute to accelerating timelines associated information and data exchange for transit project delivery.
