5.1

Sections 56 to 58

Municipal Service and Right of Way Access

1. Before making a municipal service and right of way access order, Metrolinx shall in good faith make reasonable efforts to comply with any technical requirements for the use, alteration, relocation, occupation, modification or temporary closure of, or access or connection to, a municipal highway or municipal right of way.
2. Before making a municipal service and right of way access order, Metrolinx shall give due consideration to the matters described in paragraphs 1 to 6 of subsection 57 (2) of the Act, in addition to complying, as required by the Act, with any applicable requirements under Part V of the Act and any directives imposed by the Minister relating to the delegation of the Minister’s functions to Metrolinx.
3. Metrolinx shall give written notice of its intent to make a municipal service and right of way access order to the Assistant Deputy Ministry of Transit Division at the Ministry of Transportation at least 20 days before issuing the order. The notice shall be accompanied by a written summary of the actions and steps that have been taken, including a description of Metrolinx’s approach to negotiations, the dispute resolution process and the persons who engaged in negotiations, and any other details as requested by the Ministry.
4. Metrolinx shall give written notice of its intent to make a municipal service and right of way access order to the affected municipality at least 15 days before issuing the order.
5. If a municipality does not comply with a municipal service and right of way access order, Metrolinx shall notify the Assistant Deputy Minister of Transit Division at the Ministry of Transportation of its intent to file the order at least 15 days before filing it in the Superior Court of Justice under section 70 of the Act.
6. Metrolinx may revise or cancel a municipal service and right of way access order in accordance with the requirements set out in section 58 of the Act. If Metrolinx determines that an order needs to be revised or cancelled, Metrolinx shall notify the Assistant Deputy Minister of Transit Division at the Ministry of Transportation and the affected municipality of its intent to revise or cancel the order at least 15 days before revising or cancelling it.