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GO Transit Act, 2001

S.O. 2001, CHAPTER 23
Schedule A

Historical version for the period June 30, 2006 to August 23, 2006.

Amended by: 2002, c. 8, Sched. P, s. 3; 2002, c. 17, Sched. F, Table; 2003, c. 7, ss. 7, 8; 2004, c. 8, s. 46; 2004, c. 17, s. 32; 2004, c. 31, Sched. 17; 2005, c. 31, Sched. 9; 2006, c. 2, s. 48; 2006, c. 16, ss. 47, 50.

Note: On a day to be named by proclamation of the Lieutenant Governor, this Act is repealed by the Statutes of Ontario, 2006, chapter 16, section 50. See: 2006, c. 16, ss. 50, 54 (2).

CONTENTS

Definitions

1.

Definitions

GO Transit – Continuation and General Governance

2.

GO Transit continued

3.

Crown agency

4.

Objects of GO Transit

5.

Board of directors

6.

Chair, vice-chairs

7.

Meetings of board

8.

Ministerial directives

Powers and Duties of GO Transit

9.

Powers of GO Transit

10.

By-laws re provision of transit services

11.

By-laws regulating use of regional transit system

Financial Matters

12.

Fiscal year

13.

Auditor

14.

Budget

15.

Payments to Consolidated Revenue Fund

16.

Borrowing and investing

17.

Agreement for transferring property

18.

Asset sales

19.

Province authorized to raise funds for GO Transit

20.

Purchases and advances by Province

21.

Agreement to apply appropriated funds

22.

Appropriation by Legislature

General Matters

23.

Staff and consultants

24.

Reports and reviews

25.

Immunity from civil actions

Application of Other Acts

26.

Corporations Act, Corporations Information Act

27.

Business Corporations Act

28.

Crown Employees Collective Bargaining Act, 1993, Public Service Act

29.

Municipal Act, 2001

30.

Public Vehicles Act

Regulations

31.

Regulations

Dissolution of Greater Toronto Services Board

32.

Dissolution of Greater Toronto Services Board

Transitional Matters

33.

Transition

34.

Employees continued

35.

Transition – development charges

Definitions

Definitions

1. In this Act,

“GO Transit” means the Greater Toronto Transit Authority continued under section 2; (“Réseau GO”)

“local transit system” means a passenger transportation system that is operated principally to provide transportation within an upper-tier, lower-tier or single-tier municipality; (“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”)

“regional transit area” means the area prescribed by regulation; (“secteur régional de transport en commun”)

“regional transit system” means the passenger transportation system that is operated principally to provide transportation, including commuter services, within the regional transit area; (“réseau régional de transport en commun”)

“security” includes any interest, document, instrument or writing commonly known as a security, or any document that evidences a debt or any right or interest in relation to a debt. (“valeur mobilière”) 2001, c. 23, Sched. A, s. 1; 2002, c. 17, Sched. F, Table.

GO Transit – Continuation and General Governance

GO Transit continued

2. (1) The corporation without share capital known as Greater Toronto Transit Authority in English and as Régie des transports en commun du grand Toronto in French is continued. 2001, c. 23, Sched. A, s. 2 (1).

Composition

(2) GO Transit is composed of the members of its board of directors. 2001, c. 23, Sched. A, s. 2 (2).

Crown agency

3. (1) GO Transit is a Crown agency within the meaning of the Crown Agency Act. 2001, c. 23, Sched. A, s. 3 (1).

No proceeding against Crown

(2) No proceeding shall be commenced against the Crown in respect of any act or omission of GO Transit or any of its subsidiary corporations or their officers, directors or employees. 2001, c. 23, Sched. A, s. 3 (2).

Exception

(3) Subsection (2) does not apply to a proceeding to enforce against the Crown its obligations under a written contract to which it is a party. 2001, c. 23, Sched. A, s. 3 (3).

Unpaid judgments against GO Transit

(4) The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against GO Transit that remains unpaid after GO Transit has made all reasonable efforts to pay the amount of the judgment. 2001, c. 23, Sched. A, s. 3 (4).

Objects of GO Transit

4. (1) The objects of GO Transit are,

(a) to operate or cause to be operated a regional transit system serving the regional transit area and from time to time serving municipalities not in the regional transit area under agreements between GO Transit and the other municipalities;

(b) to operate or cause to be operated local transit systems or parts of such systems within the regional transit area under agreements between GO Transit and the municipalities within which each local transit system is operated; and

(c) to facilitate the integration of the operation or design of the regional transit system and local transit systems, including facilitating the integration of routes, fares and schedules. 2001, c. 23, Sched. A, s. 4 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is repealed by the Statutes of Ontario, 2006, chapter 16, subsection 47 (1) and the following substituted:

(c) to co-operate with the Greater Toronto Transportation Authority to facilitate the integration of the operation or design of the regional transit system operated by GO Transit with any local transit systems in the regional transportation area as defined under the Greater Toronto Transportation Authority Act, 2006, including facilitating the integration of routes, fares and schedules.

See: 2006, c. 16, ss. 47 (1), 54 (2).

Additional objects

(2) The Minister may by regulation prescribe additional objects of GO Transit. 2001, c. 23, Sched. A, s. 4 (2).

Board of directors

5. (1) The affairs of GO Transit shall be managed by its board of directors. 2001, c. 23, Sched. A, s. 5 (1).

Composition

(2) The board of GO Transit shall be composed of not less than 13 and not more than 15 persons, to be appointed by the Lieutenant Governor in Council on the recommendation of the Minister. 2001, c. 23, Sched. A, s. 5 (2).

Same

(3) The members of the board of GO Transit may include any persons that the Minister considers appropriate, including persons who are members of the councils of upper-tier or single-tier municipalities, employees of upper-tier or single-tier municipalities or of local boards or agencies of upper-tier or single-tier municipalities and public servants within the meaning of the Public Service Act. 2001, c. 23, Sched. A, s. 5 (3).

Term of office

(4) The members of the board shall hold office at pleasure for a term not exceeding three years and may be reappointed for successive terms not exceeding three years each. 2001, c. 23, Sched. A, s. 5 (4).

First members

(5) Despite subsection (4), the first members of the board to be appointed under this Act shall hold office at pleasure for a maximum term determined by the Minister. 2001, c. 23, Sched. A, s. 5 (5).

Quorum

(6) A majority of the members of the board constitutes a quorum. 2001, c. 23, Sched. A, s. 5 (6).

Committees

(7) The board may establish committees that it considers appropriate and may determine the composition and functions of the committees. 2001, c. 23, Sched. A, s. 5 (7).

Remuneration

(8) The members of the board who are not members of the councils of upper-tier or single-tier municipalities, employees of such municipalities or of any local boards or agencies of such municipalities or public servants shall be paid such remuneration as is determined by the Lieutenant Governor in Council. 2001, c. 23, Sched. A, s. 5 (8).

Termination of current board

(9) The terms of office of the members of the board in office immediately before January 1, 2002 are hereby terminated. 2001, c. 23, Sched. A, s. 5 (9).

Chair, vice-chairs

6. (1) The Minister shall designate one of the members of the board as the chair and one or more members of the board as vice-chairs. 2001, c. 23, Sched. A, s. 6 (1).

Acting chair

(2) If the chair is absent or unable to act or if the office of chair is vacant, a vice-chair shall act as and have all the powers of the chair. 2001, c. 23, Sched. A, s. 6 (2).

Same

(3) If the chair and vice-chairs are absent from a board meeting, the members present at the meeting shall appoint an acting chair from among themselves to act as and to have all the powers of the chair during the meeting. 2001, c. 23, Sched. A, s. 6 (3).

Benefits

(4) If the chair is not a member of the council of an upper-tier or single-tier municipality, an employee of such municipality or of a local board or agency of such municipality or a public servant, the chair shall be entitled to participate in any scheme GO Transit has for providing benefits, including pension benefits, to its employees. 2001, c. 23, Sched. A, s. 6 (4).

Meetings of board

7. (1) The board of directors of GO Transit shall meet at the call of the chair and, in any event, at least four times a year. 2001, c. 23, Sched. A, s. 7 (1).

First meeting

(2) The board shall hold its first meeting by February 28, 2002. 2001, c. 23, Sched. A, s. 7 (2).

Voting rights

(3) Each member of the board, including the chair, has one vote. 2001, c. 23, Sched. A, s. 7 (3).

By-laws re proceedings

(4) The board may make by-laws governing its proceedings, 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. 2001, c. 23, Sched. A, s. 7 (4).

Ministerial directives

8. (1) The Minister may issue directives in writing to GO Transit in respect of any matter under this Act. 2001, c. 23, Sched. A, s. 8 (1).

Implementation

(2) The board of directors of GO Transit shall ensure that the directives are implemented. 2001, c. 23, Sched. A, s. 8 (2).

Powers and Duties of GO Transit

Powers of GO Transit

9. (1) GO Transit may, for the purpose of carrying out its objects,

(a) design, construct and operate or cause to be operated a regional transit system for the regional transit area;

(b) initiate studies in respect of,

(i) the design, construction and operation of the regional transit system,

(ii) the fare structure and service schedules of the regional transit system, and

(iii) the operational integration of the regional transit system with local transit systems within or outside the regional transit area;

(c) subject to the approval of the Minister, operate or cause to be operated a local transit system within the regional transit area under an agreement between GO Transit and the municipality within which the local transit system is operated;

(d) subject to the approval of the Minister, provide transit services to a municipality outside the regional transit area under an agreement between GO Transit and the municipality;

(e) provide the transit services outside the regional transit area that were being provided by GO Transit as of December 31, 2001;

(f) acquire by purchase, lease or otherwise any transit vehicles, equipment or other personal property;

(g) acquire real property by purchase, lease, expropriation or otherwise;

(h) construct, maintain or alter any building or works;

(i) acquire rights and privileges that it may think necessary or convenient;

(j) sell, lease or otherwise dispose of transit vehicles, equipment, other personal property or real property;

(k) establish, construct, manage and operate parking lots for the parking of vehicles in connection with the regional transit system;

(l) enter into agreements with any government or government agency or with any individual, municipality, corporation, partnership or association,

(i) for the leasing, with or without drivers, of transit vehicles owned or leased by GO Transit, or

(ii) for a purpose related to its objects;

(m) obtain from the individual or body who is a party to an agreement under clause (l) any rights, privileges or concessions;

(n) subject to the approval of the Lieutenant Governor in Council, establish subsidiary corporations in Ontario or elsewhere for a purpose related to its objects. 2001, c. 23, Sched. A, s. 9 (1).

Payment by municipalities

(2) A municipality may enter into an agreement under clause (1) (c), (d) or (l) and if it does so, it may agree to pay to GO Transit all or any portion of the operating or capital expenditures required to meet the terms of the agreement. 2003, c. 7, s. 7.

Continuing duty to lease rolling stock

(3) GO Transit shall continue leasing, by one or more agreements with the Toronto Area Transit Operating Authority, the railway rolling stock that is subject to the six conditional sale agreements described in clause 73 (5) (a) of the Greater Toronto Services Board Act, 1998, as it read immediately before January 1, 2002, in accordance with the terms of those conditional sale agreements. 2001, c. 23, Sched. A, s. 9 (3).

Maintenance, etc., of rolling stock

(4) The agreements required by subsection (3) must require GO Transit to maintain, modify and insure the railway rolling stock in accordance with the requirements of Articles 7, 8 and 11 of the applicable conditional sale agreement. 2001, c. 23, Sched. A, s. 9 (4).

Definition

(5) In subsection (1),

“transit vehicles” includes railway rolling stock. 2001, c. 23, Sched. A, s. 9 (5).

By-laws re provision of transit services

10. (1) The board of directors of GO Transit shall, by by-law,

(a) establish the approximate location, routes and frequencies of the transit services provided;

(b) establish the fares that shall be charged for transit services; and

(c) establish the fees that shall be charged for the provision of parking. 2001, c. 23, Sched. A, s. 10 (1).

Notice of changes

(2) GO Transit shall give written notice to the Minister before it passes a by-law under subsection (1) that,

(a) changes or proposes to change the location, route or frequency of a transit service;

(b) changes or proposes to change the fares charged for a transit service;

(c) changes or proposes to change the fees charged for the provision of parking;

(d) terminates or proposes to terminate a transit service; or

(e) closes or proposes to close a parking lot. 2001, c. 23, Sched. A, s. 10 (2).

By-laws regulating use of regional transit system

11. (1) The board of directors of GO Transit may pass by-laws with respect to the regional transit system,

(a) prohibiting or regulating the use of any of its land and prohibiting or regulating vehicular and pedestrian traffic on any of its land;

(b) requiring and providing for the issuance of permits and licences and providing for the granting of rights with respect to the use of any of its land and providing for the revocation of such a permit, licence or right;

(c) prescribing the fees or rentals payable for a permit, licence or right issued or granted with respect to any of its land;

(d) governing the terms and conditions upon which tickets may be sold; and

(e) governing the conduct of passengers and with respect to refusing passage to persons who do not comply with the by-laws or the terms and conditions upon which tickets are sold. 2001, c. 23, Sched. A, s. 11 (1).

Offence

(2) A by-law passed under subsection (1) may provide that any person who contravenes the by-law is guilty of an offence. 2001, c. 23, Sched. A, s. 11 (2).

Motor vehicle owner and driver liable for penalties

(3) A by-law passed under clause (1) (a) prohibiting or regulating vehicular traffic may provide that the owner of a motor vehicle may be charged with and convicted of a contravention of the by-law for which the driver of the vehicle is subject to be so charged unless, at the time of the contravention, the vehicle was in the possession of some person other than the owner without the owner’s consent, and, on conviction, the owner is liable to the penalty for the offence set out in the by-law. 2001, c. 23, Sched. A, s. 11 (3).

Voluntary payment of penalties

(4) A by-law passed under clause (1) (a) prohibiting or regulating vehicular traffic or under clause (1) (e) may provide a procedure for the voluntary payment of penalties out of court with respect to an alleged contravention of the by-law. 2001, c. 23, Sched. A, s. 11 (4).

Statement of proof

(5) For the purpose of a prosecution or proceeding under a by-law concerning the issuance or granting of a permit, licence or right, a statement as to the issuance or granting of the permit, licence or right purported to be signed by the managing director of GO Transit or his or her designate is, without proof of the office or signature of the managing director or his or her designate, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated in the statement for all purposes in the prosecution or proceeding. 2001, c. 23, Sched. A, s. 11 (5).

Appointment of officers

(6) GO Transit may appoint in writing one or more of its employees as an officer or officers for the purposes of carrying out the by-laws passed under subsection (1), and any person so appointed is a constable for that purpose and for the purposes of section 33 of the Highway Traffic Act. 2001, c. 23, Sched. A, s. 11 (6).

Certificate of appointment

(7) A person appointed under subsection (6) shall, while carrying out his or her duties under the appointment, have in his or her possession a certificate of the appointment and shall produce the certificate upon request. 2001, c. 23, Sched. A, s. 11 (7).

Municipal Act, 2001

(8) Sections 434, 437, 440 and 442 of the Municipal Act, 2001 apply with necessary modifications to by-laws passed under this section. 2002, c. 17, Sched. F, Table.

Financial Matters

Fiscal year

12. The fiscal year of GO Transit is April 1 to March 31 of the following year. 2001, c. 23, Sched. A, s. 12.

Auditor

13. (1) The board of GO Transit shall appoint one or more persons licensed under the Public Accounting Act, 2004 to audit the accounts and transactions of GO Transit for the previous fiscal year. 2001, c. 23, Sched. A, s. 13 (1); 2004, c. 8, s. 46.

Same

(2) The Auditor General or another person licensed under the Public Accounting Act, 2004 and appointed by the Minister shall audit the accounts and transactions of GO Transit’s subsidiaries for the previous fiscal year. 2001, c. 23, Sched. A, s. 13 (2); 2004, c. 8, s. 46; 2004, c. 17, s. 32.

Same

(3) The Minister may at any time direct that the accounts and transactions, for a specified period, of GO Transit or of any of its subsidiary corporations be audited by a person licensed under the Public Accounting Act, 2004, other than a person appointed under subsection (1) or (2). 2001, c. 23, Sched. A, s. 13 (3); 2004, c. 8, s. 46.

Budget

14. (1) On or before August 31 in each year, or another date specified by the Minister, GO Transit shall submit its budget to the Minister for his or her approval. 2001, c. 23, Sched. A, s. 14 (1).

Same

(2) The budget shall be in the form and contain the information required by the Minister and shall cover the period of time specified by the Minister. 2001, c. 23, Sched. A, s. 14 (2).

Additional financial information

(3) GO Transit shall, if requested by the Minister at any time, provide the Minister with additional financial information. 2001, c. 23, Sched. A, s. 14 (3).

Payments to Consolidated Revenue Fund

15. (1) When ordered to do so by the Minister of Finance, GO Transit shall pay into the Consolidated Revenue Fund such of its surplus funds as are determined by the Minister of Finance. 2001, c. 23, Sched. A, s. 15 (1).

Reserves

(2) In determining the amount payable under subsection (1), the Minister of Finance shall allow such reserves for the future needs of GO Transit as he or she considers appropriate, and shall ensure that the payment ordered under subsection (1) will not impair GO Transit’s abilities to carry out its objects, to pay its liabilities, to meet its obligations as they become due or to fulfil its contractual commitments. 2001, c. 23, Sched. A, s. 15 (2).

Borrowing and investing

16. (1) The power of GO Transit and its subsidiary corporations to borrow, issue securities, make short-term investments of funds, manage risk associated with financing and investment or incur liabilities in order to facilitate financing by others may only be exercised under the authority of a by-law that has been approved by the Minister of Finance. 2001, c. 23, Sched. A, s. 16 (1).

Co-ordination of financing activities

(2) All borrowing, financing, short-term investment of funds and financial risk management activities of GO Transit and its subsidiary corporations shall be co-ordinated and arranged by the Ontario Financing Authority, unless the Minister of Finance agrees otherwise. 2001, c. 23, Sched. A, s. 16 (2).

Agreement for transferring property

17. Despite any other Act, real or personal property used, owned or occupied by the Crown in connection with the carrying out of an activity to be carried out by GO Transit or any of its subsidiary corporations may be transferred to GO Transit or its subsidiary corporations, with or without consideration, upon such terms as are approved by the Management Board of Cabinet. 2001, c. 23, Sched. A, s. 17.

Asset sales

18. (1) GO Transit shall not sell or otherwise dispose of all or substantially all of its assets unless the sale or disposal is for the purpose of providing security for money loaned to GO Transit or is part of a financing transaction that entitles GO Transit, on fulfilling the terms and conditions of the transaction, to reacquire the assets sold or disposed of. 2001, c. 23, Sched. A, s. 18 (1).

Exception

(2) Subsection (1) does not apply to a sale or disposition to the Crown. 2001, c. 23, Sched. A, s. 18 (2).

Province authorized to raise funds for GO Transit

19. The Lieutenant Governor in Council may raise by way of loan in the manner provided by the Financial Administration Act such sums as the Lieutenant Governor in Council considers necessary for the purposes of this Act, and the sums so raised may either be advanced to GO Transit or its subsidiary corporations or applied by the Minister of Finance in the purchase of securities issued by GO Transit or its subsidiary corporations. 2001, c. 23, Sched. A, s. 19.

Purchases and advances by Province

20. (1) The Minister of Finance may purchase securities of or make loans to GO Transit or its subsidiary corporations in such amounts, at such times and on such terms and conditions as the Lieutenant Governor in Council considers expedient. 2001, c. 23, Sched. A, s. 20 (1).

Same

(2) The Minister of Finance may pay from the Consolidated Revenue Fund the money necessary for a purchase or loan made under subsection (1). 2001, c. 23, Sched. A, s. 20 (2).

Agreement to apply appropriated funds

21. (1) As security for the payment by a public body, as defined in subsection (3), of any amount that it has agreed to pay to GO Transit or one of its subsidiary corporations on account of its indebtedness to GO Transit or its subsidiary corporation, a public body may agree in writing with GO Transit or the subsidiary corporation that the Minister of Finance is entitled to deduct from money appropriated by the Legislature for payment to the public body amounts equal to any amounts that the public body fails to pay to GO Transit or the subsidiary corporation on account of the indebtedness. 2001, c. 23, Sched. A, s. 21 (1).

Minister to make agreed deduction

(2) If a public body has agreed to the making of a deduction under subsection (1), the Minister of Finance shall deduct from money appropriated by the Legislature for payment to the public body amounts equal to any amounts that the public body fails to pay to GO Transit or its subsidiary corporation, and shall pay the amounts to GO Transit or its subsidiary corporation. 2001, c. 23, Sched. A, s. 21 (2).

Definition - public body

(3) In subsections (1) and (2),

“public body” means a corporation referred to in section 2 of the Capital Investment Plan Act, 1993 and any other Crown agency, a hospital as defined in the Public Hospitals Act and any other facility receiving funding for capital purposes from the Minister of Health and Long-Term Care, a municipality, a university, a college of applied arts and technology, Algoma University College, le Collège de Hearst, the Ontario Institute for Studies in Education, the Ontario College of Art & Design, a school board or an entity named or described as a public body in the regulations made under the Capital Investment Plan Act, 1993. 2001, c. 23, Sched. A, s. 21 (3); 2002, c. 8, Sched. P, s. 3.

Appropriation by Legislature

22. The money required for the purposes of this Act before April 1, 2002 shall be paid out of the Consolidated Revenue Fund and thereafter shall be paid out of such money as is appropriated therefor by the Legislature. 2001, c. 23, Sched. A, s. 22.

General Matters

Staff and consultants

23. (1) GO Transit shall employ a managing director and may employ other officers and employees and retain technical and professional consultants that it considers necessary to carry out its objects at the remuneration and upon the terms approved by GO Transit. 2001, c. 23, Sched. A, s. 23 (1).

Managing director duties, etc.

(2) The managing director shall be the chief executive officer of GO Transit and shall carry out the other duties and responsibilities established by GO Transit. 2001, c. 23, Sched. A, s. 23 (2).

Pensions

(3) GO Transit may provide pensions for its permanent and full-time probationary staff and for that purpose GO Transit shall be deemed to be a local board for the purposes of the Ontario Municipal Employees Retirement System Act, 2006. 2001, c. 23, Sched. A, s. 23 (3); 2006, c. 2, s. 48.

Reports and reviews

Annual report

24. (1) On or before July 31 in each year, or another date specified by the Minister, GO Transit shall submit to the Minister and to the Minister of Finance an annual report on its affairs and the affairs of its subsidiary corporations for the previous fiscal year, signed by the chair of the board of directors. 2001, c. 23, Sched. A, s. 24 (1).

Contents

(2) The annual report shall be in the form required by the Minister and shall include the audited financial statements of GO Transit and its subsidiary corporations for the fiscal year and any other information that the Minister may require. 2001, c. 23, Sched. A, s. 24 (2).

Tabling in the Assembly

(3) The Minister shall table the report before the Assembly within 60 days after receiving it if it is in session or, if not, at the next session. 2001, c. 23, Sched. A, s. 24 (3).

Other reports

(4) GO Transit and its subsidiary corporations shall, if requested by the Minister at any time, report to him or her on any aspect of their affairs. 2001, c. 23, Sched. A, s. 24 (4).

Reviews

(5) The Minister may appoint one or more persons to review any of the activities or proposed activities of GO Transit or any of its subsidiary corporations and to report on it to the Minister. 2001, c. 23, Sched. A, s. 24 (5).

Immunity from civil actions

25. No action or other proceeding shall be brought against a director of GO Transit or of any of its subsidiary corporations or any officer or employee of GO Transit or its subsidiary corporations, as a result of any act done in good faith in the performance or intended performance of any duty under this Act, or in the exercise or intended exercise of any power under this Act, or any neglect or default in the performance or exercise in good faith of such duty or power, but any such action or proceeding may be brought against GO Transit or its subsidiary corporation, as the case may be. 2001, c. 23, Sched. A, s. 25.

Application of Other Acts

Corporations Act, Corporations Information Act

26. (1) Except as provided in subsection (2), the Corporations Act and the Corporations Information Act do not apply to GO Transit. 2001, c. 23, Sched. A, s. 26 (1).

Sections that apply

(2) The Minister may by regulation specify provisions of the Corporations Act that apply to GO Transit with necessary modifications. 2001, c. 23, Sched. A, s. 26 (2).

Business Corporations Act

27. Sections 129, 132 and 136 of the Business Corporations Act apply to GO Transit and to its directors and officers. 2001, c. 23, Sched. A, s. 27.

Crown Employees Collective Bargaining Act, 1993, Public Service Act

28. GO Transit is an agency of the Crown to which the Crown Employees Collective Bargaining Act, 1993 applies and its employees are Crown employees for the purposes of that Act and the Public Service Act. 2001, c. 23, Sched. A, s. 28.

Municipal Act, 2001

29. (1) Sections 249 and 273 of the Municipal Act, 2001 apply to GO Transit with necessary modifications. 2002, c. 17, Sched. F, Table.

Same

(2) For the purpose of subsection (1), a reference in a provision of the Municipal Act, 2001 referred to in that subsection to an official of a municipality shall be read as a reference to an employee of GO Transit designated by GO Transit by by-law for that purpose. 2001, c. 23, Sched. A, s. 29 (2); 2002, c. 17, Sched. F, Table.

Public Vehicles Act

30. Section 2 of the Public Vehicles Act does not apply to GO Transit or to any person providing transit services on GO Transit’s behalf. 2001, c. 23, Sched. A, s. 30.

Regulations

Regulations

31. The Minister may make regulations,

(a) prescribing the area that comprises the regional transit area;

(b) exempting any method of transportation or any type of vehicle from the application of this Act;

(c) respecting any matter that the Minister considers necessary or advisable to carry out effectively the intent and purpose of this Act. 2001, c. 23, Sched. A, s. 31.

Dissolution of Greater Toronto Services Board

Dissolution of Greater Toronto Services Board

32. (1) The Greater Toronto Services Board, established under section 2 of the Greater Toronto Services Board Act, 1998, is hereby dissolved on December 31, 2001. 2001, c. 23, Sched. A, s. 32 (1).

Members terminated

(2) The terms of office of the members of the Greater Toronto Services Board who are in office immediately before the dissolution are terminated on December 31, 2001. 2001, c. 23, Sched. A, s. 32 (2).

Final annual report

(3) Despite the dissolution of the Greater Toronto Services Board, the chair and executive director of the Greater Toronto Services Board who held office immediately before the dissolution shall prepare and deliver the annual report for the year ending on December 31, 2001, as required by section 32 of the Greater Toronto Services Board Act, 1998, as it read immediately before the dissolution. 2001, c. 23, Sched. A, s. 32 (3).

Other filings

(4) The chair and executive director of the Greater Toronto Services Board who held office immediately before the dissolution shall make any other filings or reports that would have been required of the Greater Toronto Services Board under the Greater Toronto Services Board Act, 1998, as it read immediately before the dissolution, in respect of the period ending December 31, 2001. 2001, c. 23, Sched. A, s. 32 (4).

By-laws

(5) The by-laws of the Greater Toronto Services Board respecting GO Transit that were made under the Greater Toronto Services Board Act, 1998 and that are in force immediately before the dissolution of the Greater Toronto Services Board shall be deemed to have been made by GO Transit under this Act and shall remain in force until they are amended or repealed by by-law or by resolution of GO Transit under this Act or by a regulation made by the Minister. 2001, c. 23, Sched. A, s. 32 (5).

Continued immunity

(6) No action or other proceeding for damages shall be brought against a former member, officer or employee of the Greater Toronto Services Board as a result of any act done in good faith in the performance or intended performance of any duty under the Greater Toronto Services Board Act, 1998, or in the exercise or intended exercise of any power under that Act, or any neglect or default in the performance or exercise in good faith of such duty or power. 2001, c. 23, Sched. A, s. 32 (6).

Regulations

(7) The Minister may make regulations for the purposes of subsection (5), and a regulation prevails over a by-law or resolution of GO Transit under this Act. 2001, c. 23, Sched. A, s. 32 (7).

Transitional Matters

Transition

Rights and obligations continued

33. (1) Despite any changes to GO Transit resulting from this Act and subject to subsection 34 (5), all the rights and obligations of GO Transit, including contractual rights, interests, approvals, registrations and entitlements, that exist immediately before January 1, 2002 continue to be the rights and obligations of GO Transit after this Act comes into force, without compensation. 2001, c. 23, Sched. A, s. 33 (1).

No change of control

(2) The changes to GO Transit resulting from this Act shall not constitute a change of control of GO Transit for the purpose of any right or obligation of GO Transit referred to in subsection (1). 2001, c. 23, Sched. A, s. 33 (2).

By-laws continued

(3) The by-laws that were made by GO Transit under the Greater Toronto Services Board Act, 1998 and that are in force immediately before January 1, 2002 are continued as by-laws made by GO Transit under this Act and shall remain in force until they are amended or repealed by by-law or by resolution of GO Transit under this Act or by a regulation made by the Minister. 2001, c. 23, Sched. A, s. 33 (3).

Regulations

(4) The Minister may make regulations for the purposes of subsection (3), and a regulation prevails over a by-law or resolution of GO Transit under this Act. 2001, c. 23, Sched. A, s. 33 (4).

Employees continued

34. (1) For all purposes, including the purposes of an employment contract, a collective agreement and the Employment Standards Act, 2000, the employment of the employees of GO Transit immediately before January 1, 2002 is not terminated and those employees are not constructively dismissed because of any changes resulting from this Act. 2001, c. 23, Sched. A, s. 34 (1).

Same

(2) For all purposes and except as provided in subsections (4) and (5), the employment of the employees of GO Transit immediately before and immediately after January 1, 2002 is continuous. 2001, c. 23, Sched. A, s. 34 (2).

Same

(3) Except as provided in subsections (4) and (5), the terms and conditions of employment for each of the employees of GO Transit immediately before January 1, 2002 continue to be the terms and conditions of their employment as of January 1, 2002. 2001, c. 23, Sched. A, s. 34 (3).

Exception – conditions dependent on union

(4) For those employees of GO Transit who, immediately before January 1, 2002, were represented by a trade union, the provisions of a collective agreement that cannot apply to an employment relationship in the absence of trade union representation, including provisions dealing with the payment of union dues and the filing, processing and arbitration of grievances, cease to be terms and conditions of those employees’ employment as of January 1, 2002. 2001, c. 23, Sched. A, s. 34 (4).

Trade union representation terminated

(5) Any trade union that, immediately before January 1, 2002, had bargaining rights in respect of employees of GO Transit ceases, as of January 1, 2002, to have any rights, interests, registrations, duties or liabilities under the Labour Relations Act, 1995 in regards to the employees of GO Transit or under any collective agreement between it and GO Transit. 2001, c. 23, Sched. A, s. 34 (5).

Transition – development charges

35. (1) Amounts that were deemed, by section 69 of the Greater Toronto Services Board Act, 1998, as it read immediately before January 1, 2002, to be capital costs for the purposes of subsection 5 (3) of the Development Charges Act, 1997 shall be deemed to be capital costs for the purposes of subsection 5 (3) of the Development Charges Act, 1997 and may be collected by a municipality under a development charge by-law passed before, or after, January 1, 2002. 2001, c. 23, Sched. A, s. 35 (1).

Same

(1.1) Despite subsection 9 (1) of the Development Charges Act, 1997, a development charge by-law described in subsection (1) that would, if not for this subsection, expire on December 31, 2003 shall remain in force until the earlier of,

(a) the day it is repealed; and

(b) December 31, 2006. 2003, c. 7, s. 8 (1); 2004, c. 31, Sched. 17, s. 1; 2005, c. 31, Sched. 9, s. 1.

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed by the Statutes of Ontario, 2006, chapter 16, subsection 47 (2) and the following substituted:

(b) a prescribed date.

See: 2006, c. 16, ss. 47 (2), 54 (2).

Regulation

(2) The Lieutenant Governor in Council may, by regulation, prescribe a date after which no amount is payable in respect of GO Transit under a development charge by-law, and may prescribe different dates for different municipalities. 2001, c. 23, Sched. A, s. 35 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2006, chapter 16, subsection 47 (3) and the following substituted:

Regulations

(2) The Lieutenant Governor in Council may, by regulation,

(a) prescribe a date for the purpose of clause (1.1) (b);

(b) prescribe a date after which no amount is payable in respect of GO Transit under a development charge by-law, and may prescribe different dates for different municipalities. 2006, c. 16, s. 47 (3).

See: 2006, c. 16, ss. 47 (3), 54 (2).

Deemed capital costs

(3) If a municipality agrees to pay a capital cost that is required for the purposes of this Act, the amount that the municipality agrees to pay shall be deemed to be a capital cost for the purposes of subsection 5 (3) of the Development Charges Act, 1997 and may be collected by the municipality under a development charge by-law described in subsection (1) or under another development charge by-law passed for the purpose. 2003, c. 7, s. 8 (2).

36.-38. Omitted (amends or repeals other Acts). 2001, c. 23, Sched. A, ss. 36-38.

39. Omitted (provides for coming into force of provisions of this Act). 2001, c. 23, Sched. A, s. 39.

40. Omitted (enacts short title of this Act). 2001, c. 23, Sched. A, s. 40.

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