Ministry of Infrastructure Act, 2011, S.O. 2011, c. 9, Sched. 27


Published: 2012-06-20

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Ministry of Infrastructure Act, 2011

S.O. 2011, CHAPTER 9
Schedule 27

Consolidation Period: From June 20, 2012 to the e-Laws currency date.

Last amendment: 2012, c. 8, Sched. 33.

CONTENTS

1.

Definitions

2.

Ministry continued

3.

Minister to have charge

4.

Deputy Minister

5.

Employees

6.

Protection from personal liability

7.

Responsibilities of the Minister

8.

Procurement policies, public works

9.

Acquisition and disposal of property

10.

Expropriation

11.

Public works vested in Crown

11.1

Transfer of control

12.

Instruments creating rights analogous to easements

13.

Government public utilities

14.

Money required by the Ministry

15.

Charge for services

16.

Bonds

17.

Seal

18.

Accounting statement related to financial assistance

19.

Delegation

20.

Advisory committees

21.

Regulations




Definitions

1. In this Act,

“commodities” means tangible personal property of every kind; (“fourniture”)

“Deputy Minister” means the Deputy Minister of Infrastructure; (“sous-ministre”)

“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, and

(d) any board, commission, authority or unincorporated body of the Crown; (“gouvernement”)

“Minister” means, unless the context requires otherwise, the Minister of Infrastructure or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act; (“ministre”)

“Ministry” means the Ministry of Infrastructure; (“ministère”)

“public sector organization” means,

(a) the corporation of any municipality in Ontario,

(b) a local board, as defined in the Municipal Affairs Act, and any authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of the corporation of a municipality in Ontario,

(c) a board, as defined in the Education Act,

(d) a university, college of applied arts and technology or other post-secondary institution in Ontario,

(e) a hospital within the meaning of the Public Hospitals Act,

(f) a board of health, as defined in the Health Protection and Promotion Act,

(g) such other persons and entities, including the Office of the Assembly and the offices of officers of the Assembly, as may be prescribed for the purposes of this definition; (“organisation du secteur public”)

“public work” means any real property or interest in real property belonging to the Government that was acquired by lease or otherwise, including any building or structure constructed, renovated, repaired or improved for the public purposes of the Government or at the expense of the Government and including all fixtures installed or placed in or on or used in connection with such property that belong to the Government, but does not include any work for which money is appropriated by the Legislature as a subsidy. (“ouvrage public”) 2011, c. 9, Sched. 27, s. 1.

Ministry continued

2. The Ministry of the public service known in English as the Ministry of Infrastructure and in French as ministère de l’Infrastructure is continued. 2011, c. 9, Sched. 27, s. 2.

Minister to have charge

3. The Minister shall preside over and have charge of the Ministry. 2011, c. 9, Sched. 27, s. 3.

Deputy Minister

4. The Lieutenant Governor in Council shall appoint a Deputy Minister of Infrastructure who shall be the deputy head of the Ministry. 2011, c. 9, Sched. 27, s. 4.

Employees

5. Such employees as are required from time to time for the proper conduct of the business of the Ministry may be appointed under Part III of the Public Service of Ontario Act, 2006. 2011, c. 9, Sched. 27, s. 5.

Protection from personal liability

6. (1) No action or other civil proceeding shall be instituted against the Deputy Minister or any public servant who works in the Ministry, anyone acting under authority delegated by the Minister under section 19, or a member of a committee established under section 20 for any act done in good faith in the execution or intended execution of his or her duty or for any alleged neglect or default in the execution in good faith of his or her duty. 2011, c. 9, Sched. 27, s. 6 (1).

Liability of Crown

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. 2011, c. 9, Sched. 27, s. 6 (2).

Responsibilities of the Minister

7. (1) The Minister or, subject to the direction and control of the Minister, the Deputy Minister, shall,

(a) review matters relating to infrastructure and to public works on a continuing basis with regard to Ontario’s short-term and long-term goals and needs in respect of infrastructure and public works;

(b) advise and assist the Government in its dealings with other governments regarding infrastructure matters and growth management;

(c) make recommendations, establish policies and undertake programs for the purposes of growth plans and growth management in support of strong communities;

(d) make recommendations for the effective co-ordination and development, within Government, of infrastructure and public works;

(e) make recommendations regarding priorities for infrastructure and public works;

(f) establish policies relating to infrastructure and public works;

(g) engage in the planning and development of infrastructure and public works;

(h) advise the Government on and be responsible for corridor land within the meaning of Part IX.1 of the Electricity Act, 1998; and

(i) engage in such activities, projects and programs as the Minister considers appropriate in the exercise of his or her authority and the performance of his or her duties, functions and responsibilities. 2011, c. 9, Sched. 27, s. 7 (1).

Same, public works

(2) The Minister is responsible for,

(a) acquiring, leasing and disposing of public works;

(b) designing, constructing, renovating, servicing, maintaining, repairing, furnishing, equipping, managing and administering public works; and

(c) determining the public works or parts of public works that are open to the public and managing and administering those public works or parts of public works, including,

(i) regulating vehicular and pedestrian traffic,

(ii) setting apart any building, premises or structure that is a public work, or a part of a public work, for a limited use, and

(iii) fixing and collecting fees for parking in any area set aside for parking in, on or under any public work. 2011, c. 9, Sched. 27, s. 7 (2).

Administration of Acts

(3) The Minister is responsible for the administration of this Act and any Acts that are assigned to the Minister by the Legislature or by the Lieutenant Governor in Council. 2011, c. 9, Sched. 27, s. 7 (3).

Authority of Minister

(4) The Minister or, subject to the direction and control of the Minister, the Deputy Minister may, in respect of any matter for which the Minister has responsibility under this or any other Act,

(a) undertake research;

(b) establish policies;

(c) do any one or more of promoting, commissioning or participating in research, experiments, feasibility studies, pilot or demonstration projects, testing activities and evaluations;

(d) develop, co-ordinate and implement plans and programs;

(e) promote and engage in public education and the dissemination of information;

(f) facilitate the resolution of disputes;

(g) enter into agreements for and in the name of the Crown;

(h) make grants;

(i) make loans, subject to the approval of the Lieutenant Governor in Council; and

(j) issue directions to the agencies for which the Minister is responsible. 2011, c. 9, Sched. 27, s. 7 (4).

Same

(5) Despite Part I of the Financial Administration Act, the Minister may do the following:

1. Receive funds that are not public money within the meaning of subsection 1 (3) of the Financial Administration Act, if the Minister receives the funds under an agreement authorized by clause (4) (g) in relation to an infrastructure project or a public work.

2. Exercise control over funds that are not public money within the meaning of subsection 1 (3) of the Financial Administration Act and that are held in an account that is not in the name of the Crown, if the Minister obtains control over the funds under an agreement authorized by clause (4) (g) in relation to an infrastructure project or a public work.

3. Establish accounts in the name of the Minister with an entity referred to in subsection 2 (2) of the Financial Administration Act.

4. Deposit funds referred to in paragraph 1 or 2 into accounts established under paragraph 3.

5. Pay out the funds referred to in paragraph 1 or 2 and the income earned on those funds in accordance with the agreement referred to in paragraph 1 or 2, as the case may be. 2011, c. 9, Sched. 27, s. 7 (5).

Same, income paid into CRF

(6) Where income earned on funds referred to in paragraph 1 or 2 of subsection (5) is public money within the meaning of subsection 1 (3) of the Financial Administration Act, the Minister shall cause the income to be paid into the Consolidated Revenue Fund. 2011, c. 9, Sched. 27, s. 7 (6).

Procurement policies, public works

8. Before an agreement is entered into for and in the name of the Crown in respect of the construction, renovation, repair or improvement of a public work, the Ministry or a Crown agency for which the Minister is responsible, as the case may be, shall comply with the applicable policies and directives of Management Board of Cabinet. 2011, c. 9, Sched. 27, s. 8.

Acquisition and disposal of property

9. (1) For the purposes of exercising the responsibilities and authorities set out in section 7, the Minister may acquire by purchase, lease or otherwise, and hold property, including an interest in property, for the use or purposes of the Government and the Minister may dispose of all or any part of such property or any such interest by sale, lease or otherwise, when no longer required for the use or purposes of the Government. 2011, c. 9, Sched. 27, s. 9 (1).

Same

(2) The Minister, if requested by the Government or by a public sector organization, may acquire by purchase, lease or otherwise, and hold property, including an interest in property, for the use or purposes of the Government or the public sector organization, and, if requested by the Government or by the public sector organization, the Minister may dispose of all or any part of such property or any such interest by sale, lease or otherwise, when no longer required for the use or purposes of the Government or the public sector organization. 2011, c. 9, Sched. 27, s. 9 (2).

Disposal, dissolution of a corporation

(3) The Minister may dispose of property or an interest in property that vests in the Crown as a consequence of the dissolution of a corporation. 2011, c. 9, Sched. 27, s. 9 (3).

Disposal of real property

(4) A disposal by the Minister or by a Crown agency to which the Minister has delegated his or her authority under subsection 19 (2) of real property or an interest in real property, by way of grant, sale, lease or otherwise, is subject to the approval of the Lieutenant Governor in Council. 2011, c. 9, Sched. 27, s. 9 (4).

Same

(5) Subsection (4) does not apply to,

(a) a grant of a lease for a term of less than 21 years;

(b) a grant of easement; or

(c) Repealed: 2012, c. 8, Sched. 33, s. 1.

(d) a disposition made under subsection (3). 2011, c. 9, Sched. 27, s. 9 (5); 2012, c. 8, Sched. 33, s. 1.

Expropriation

10. (1) Subject to the Expropriations Act, the Minister, for and in the name of the Crown, may, without consent of the owner, enter on, take and expropriate any land or interest in land that the Minister considers necessary for the use or purposes of the Government. 2011, c. 9, Sched. 27, s. 10 (1).

Lieutenant Governor in Council direction

(2) Subject to the Expropriations Act, the Minister, on the direction of the Lieutenant Governor in Council, for and in the name of the Crown, shall, without consent of the owner, enter on, take and expropriate any land or interest in land that the Lieutenant Governor in Council considers necessary for the benefit of the public. 2011, c. 9, Sched. 27, s. 10 (2).

Expropriation by Minister on behalf of Government or public sector organization

(3) Subject to the Expropriations Act, the Minister, on the request of the Government or a public sector organization, may, on behalf of the Government or the public sector organization, without consent of the owner, enter on, take and expropriate land or any interest in land, that the Minister considers necessary for the use or purposes of the Government or the public sector organization, for and in the name of the Crown. 2011, c. 9, Sched. 27, s. 10 (3).

Same

(4) Subsection (3) applies whether or not the Government or the public sector organization has authority under any other Act to enter on, take and expropriate land or any interest in land without the consent of the owner of the land. 2011, c. 9, Sched. 27, s. 10 (4).

Public works vested in Crown

11. Except as otherwise provided in any Act or by the Lieutenant Governor in Council, all public works vest in the Crown and are under the control of the Minister. 2011, c. 9, Sched. 27, s. 11; 2012, c. 8, Sched. 33, s. 2.

Transfer of control

11.1 (1) The Minister may, by order, transfer the control of any interest in real property under the control of the Minister to another Minister or to a Crown agency. 2012, c. 8, Sched. 33, s. 3.

Terms and conditions

(2) A transfer under subsection (1) is subject to the terms and conditions set out in the order. 2012, c. 8, Sched. 33, s. 3.

Instruments creating rights analogous to easements

12. (1) A right or interest in, over, above, upon, across, along, through, under or affecting any land or any covenant or condition relating thereto in favour of the Government, in respect of any public work, is valid and enforceable in accordance with the terms of the instrument granting, creating or containing them, despite the fact that the right or interest or the benefit of the covenant or condition is not appurtenant or annexed to or for the benefit of any land of the Government. 2011, c. 9, Sched. 27, s. 12 (1).

Terms of instrument binding on successors

(2) On and after the registration of an instrument to which subsection (1) applies in the proper land registry office, all the rights, interests, covenants and conditions granted or created by or contained in the instrument are binding on and enure to the benefit of the heirs, successors, personal representatives and assigns of the parties to the instrument. 2011, c. 9, Sched. 27, s. 12 (2).

Liability of grantor for breach of covenant limited

(3) A party to an instrument to which subsection (1) applies or a person to whom subsection (2) applies is not liable for breach of a covenant or condition contained in the instrument committed after the person ceased to be the owner of the land mentioned in the instrument, or after the person ceased to hold the interest in the land by virtue of which the person or the person’s predecessor in title executed the instrument. 2011, c. 9, Sched. 27, s. 12 (3).

Land to remain subject to instrument when sold for taxes

(4) Where the land mentioned in an instrument to which subsection (1) applies is sold for taxes, the land shall be deemed to have been sold subject to any right or interest granted or created by and any condition or covenant contained in the instrument. 2011, c. 9, Sched. 27, s. 12 (4).

Application

(5) This section applies despite the fact that the right, interest, covenant or condition was granted or created by or contained in an instrument executed before June 18, 1974. 2011, c. 9, Sched. 27, s. 12 (5).

Government public utilities

Definitions

13. (1) In this section,

“government public utility” means a public utility owned and operated by the Crown as represented by the Minister; (“service public gouvernemental”)

“government public utility easement” means an easement of the Crown as represented by the Minister in respect of a government public utility; (“servitude de service public gouvernemental”)

“public utility” means a water works or water supply system, sewage works, steam or hot water distribution system, electrical power or energy generating, transmission or distribution system, street lighting system, natural or artificial gas works or supply system, or a transportation system. (“service public”) 2011, c. 9, Sched. 27, s. 13 (1).

Registry Act does not apply

(2) Part III of the Registry Act does not apply to a claim of a person in respect of a part of a government public utility constructed on land before June 21, 1990 with the consent of the owner of the land. 2011, c. 9, Sched. 27, s. 13 (2).

Interference with utilities

(3) No person shall interfere with a part of a government public utility for which there is no government public utility easement unless,

(a) the Minister consents; or

(b) the interference is authorized by a court order under this section. 2011, c. 9, Sched. 27, s. 13 (3).

Court orders with respect to utilities

(4) The Superior Court of Justice may make an order authorizing interference with a part of a government public utility on the application of a person who has an interest in the land where the part is located if the use of the land by the person is substantially affected. 2011, c. 9, Sched. 27, s. 13 (4).

Notice

(5) A person making an application for an order under subsection (4) in respect of a part of a government public utility shall give the Minister 90 days notice of the application or such other notice as the court may direct. 2011, c. 9, Sched. 27, s. 13 (5).

Other orders

(6) In making an order under subsection (4), the court may make such other orders as it considers necessary, including an order that the applicant provide an easement for the alternative location of the public utility for such compensation as the court may determine. 2011, c. 9, Sched. 27, s. 13 (6).

Stay of orders

(7) The court shall stay an order under subsection (4) at the request of the Minister for such time as the court determines to allow the Government to acquire an interest in land to accommodate the part of the public utility that is subject to the order. 2011, c. 9, Sched. 27, s. 13 (7).

Right to repair utilities

(8) Subject to any court order under this section, the Minister may enter on any land to repair and maintain a government public utility. 2011, c. 9, Sched. 27, s. 13 (8).

Utilities located by mistake

(9) If, before June 21, 1990, the Government located a part of a government public utility where it had no right to do so in the mistaken belief that the part was being located on a municipal road allowance, the Crown as represented by the Minister shall be deemed to have an easement in respect of the utility and the owner of the land on which the part is located shall be entitled to compensation for the easement determined in accordance with the Expropriations Act. 2011, c. 9, Sched. 27, s. 13 (9).

Offence

(10) Every person who knowingly contravenes subsection (3) is guilty of an offence. 2011, c. 9, Sched. 27, s. 13 (10).

Money required by the Ministry

14. The expenditures of the Ministry shall be paid out of money appropriated therefor by the Legislature. 2011, c. 9, Sched. 27, s. 14.

Charge for services

15. Subject to the Financial Administration Act, the Minister may charge for commodities and services provided under this Act. 2011, c. 9, Sched. 27, s. 15.

Bonds

16. The Minister may require and take security by way of bond, with or without collateral security, or by way of deposit of money for the due performance of an agreement entered into under this Act. 2011, c. 9, Sched. 27, s. 16.

Seal

17. (1) The Lieutenant Governor in Council may authorize a seal for the Ministry. 2011, c. 9, Sched. 27, s. 17 (1).

Same

(2) The seal may be reproduced by engraving, lithographing, printing or other method of mechanical reproduction. 2011, c. 9, Sched. 27, s. 17 (2).

Same

(3) When reproduced in accordance with subsection (2), the seal has the same effect as if it is manually affixed. 2011, c. 9, Sched. 27, s. 17 (3).

Accounting statement related to financial assistance

18. The Minister may require a person or an organization that has received financial assistance under this Act to submit to the Minister a statement prepared by an individual licensed under the Public Accounting Act, 2004 that sets out the details of the disposition of the financial assistance by the person or organization. 2011, c. 9, Sched. 27, s. 18.

Delegation

Delegation to Ministry

19. (1) Where, under this or any other Act, responsibility or authority is granted to or vested in the Minister, other than the power to expropriate, the Minister may in writing delegate that responsibility or authority to the Deputy Minister or to any public servant who works in the Ministry, subject to the terms and conditions that the Minister sets out in the delegation. 2011, c. 9, Sched. 27, s. 19 (1).

Delegation to Crown agency

(2) The Minister may in writing delegate his or her responsibility or authority under the following provisions to any Crown agency for which the Minister is responsible, subject to the terms and conditions that the Minister sets out in the delegation:

1. Subsection 7 (2).

2. Clause 7 (4) (g), if the agreement entered into for and in the name of the Crown is in respect of a matter mentioned in subsection 7 (2).

3. Subsections 9 (1), (2) and (3).

4. Section 10.

5. Section 11.1. 2011, c. 9, Sched. 27, s. 19 (2); 2012, c. 8, Sched. 33, s. 4.

Same

(3) Subject to the terms and conditions that the Minister sets out in the delegation, the Minister may delegate his or her responsibility or authority under subsection 7 (5) to,

(a) the Ontario Infrastructure and Lands Corporation; or

(b) if the Minister of Finance approves, any other Crown agency for which the Minister is responsible. 2011, c. 9, Sched. 27, s. 19 (3).

Access to delegations

(4) Where the Minister considers it appropriate to do so, the Minister shall take steps that the Minister considers appropriate to ensure that the delegation is readily available to the public. 2011, c. 9, Sched. 27, s. 19 (4).

General or specific

(5) A delegation made under this section may be general or specific. 2011, c. 9, Sched. 27, s. 19 (5).

Advisory committees

20. (1) The Lieutenant Governor in Council or the Minister may,

(a) establish advisory committees to advise the Minister on the exercise of his or her authority and the performance of his or her duties, functions and responsibilities;

(b) appoint the members of the committees, and designate one member as chair and one or more members as vice-chair; and

(c) determine the terms of reference of the committees. 2011, c. 9, Sched. 27, s. 20 (1).

Remuneration and expenses

(2) The Lieutenant Governor in Council may determine the remuneration and expenses of persons appointed under clause (1) (b). 2011, c. 9, Sched. 27, s. 20 (2).

Regulations

21. The Lieutenant Governor in Council may make regulations prescribing persons and entities as public sector organizations for the purpose of clause (g) of the definition of “public sector organization” in section 1. 2011, c. 9, Sched. 27, s. 21.

22.-41. Omitted (amends, repeals or revokes other legislation). 2011, c. 9, Sched. 27, ss. 22-41.

42. Omitted (provides for coming into force of provisions of this Act). 2011, c. 9, Sched. 27, s. 42.

43. Omitted (enacts short title of this Act). 2011, c. 9, Sched. 27, s. 43.

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