On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas the Government of Ontario is committed to building an efficient and seamlessly-connected regional transit network throughout the Greater Toronto and Hamilton Area (GTHA);

Whereas the Government of Ontario, in support of delivering an integrated GTHA transit network, is committed to evaluating the benefits and implications of the Province of Ontario assuming responsibility for the Toronto Transit Commission subway infrastructure – including the building and maintenance of new and existing subway lines – from the City of Toronto;

Whereas the Government of Ontario is further committed to engaging with the City of Toronto such that, through the potential assumption of subway infrastructure by the Province, the responsibility for day-to-day subway operations, including labour relations and fare revenue generated by the subway system, could remain with the City of Toronto;

Whereas the Government of Ontario considers it advisable to establish a Special Advisor to Cabinet – Transit Upload (“Special Advisor”) to support its evaluation and assessment of the potential assumption of subway infrastructure by the Province, and, as directed by the Government of Ontario, to engage the City of Toronto related to the transaction associated with the potential assumption of subway infrastructure by the Province;

And Whereas the Government of Ontario also considers it advisable to establish a Transit Upload Advisory Panel (“Supporting Panel”) to provide technical expertise and advice related to the potential assumption of subway infrastructure by the Province, and to support the Special Advisor in carrying out his or her duties in respect of the potential assumption of subway infrastructure by the Province, should the Special Advisor require such expertise and support;

Therefore, pursuant to the prerogative of Her Majesty the Queen in right of Ontario to provide for the appointment of advisors to serve Her Majesty’s Government in the discharge of its executive obligations and responsibilities:

Special Advisor and Supporting Panel Established

  1. The position of Special Advisor is hereby established.  The Special Advisor shall be appointed by, and report to, the Premier of Ontario (“Premier”), to serve at the pleasure of the Premier, for a period not to exceed one year from the date of this Order, which term may be extended by the Premier for a maximum of two additional years, terminating no later than the third anniversary of the date of this Order.
  2. The Supporting Panel, comprising no more than three members to be appointed by the Premier, is hereby established for a period not to exceed one year from the date of this Order, which term may be extended by the Premier for a maximum of two additional years, terminating no later than the third anniversary of the date of this Order.  The Supporting Panel shall provide any support and expertise that the Special Advisor may require in carrying out his or her duties in respect of the potential assumption of subway infrastructure by the Province.  The member(s) of the Supporting Panel shall serve at the pleasure of the Premier, and shall report to the Premier.

Terms of Reference

  1. The Premier shall, subject to the terms of this Order, determine the terms of reference for the Special Advisor and Supporting Panel, and may amend them from time to time.

Remuneration

  1. The Special Advisor and Supporting Panel shall be paid such remuneration, as the Lieutenant Governor in Council may determine.

Material Produced

  1. All material produced by the Special Advisor and Supporting Panel (“Materials”), including records, documents, reports, advice and recommendations, shall become the property of the Government of Ontario.  For greater clarity, the Government of Ontario shall be the sole owner of any intellectual property in the Materials, and any moral rights in the Materials shall be waived in favour of the Government of Ontario.

Support Arrangements

  1. All financial, staffing, administrative and other support required by the Special Advisor and Supporting Panel will be provided by the Ministry of Transportation and other ministries, as applicable, subject to the relevant directives, guidelines and policies of the Treasury Board and Management Board of Cabinet.

Confidentiality

  1. The Special Advisor and member(s) of the Supporting Panel shall keep all records, documents, reports, advice, recommendations and research (the “Advisor Records”) confidential, except as approved by the Minister of Transportation.

Information Retention

  1. The Advisor Records shall be retained in accordance with the Common Records Series for Ministers’ Public Records approved under the Archives and Recordkeeping Act, 2006.

Communications

  1. All press releases, statements and communications by the Special Advisor and Supporting Panel shall be made through the government, with the prior approval of the Premier.
Premier and President of the Council

Approved and Ordered: August 31, 2018