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Capital Investment Plan Act, 1993

S.O. 1993, CHAPTER 23

Consolidation Period:  From June 6, 2011 to the e-Laws currency date.

Last amendment:  2011, c. 9, Sched. 32, s. 38.

Legislative History: 1996, c. 1, Sched. E, s. 1; 1996, c. 33, s. 21; 1997, c. 6, s. 2; 1997, c. 31, s. 144; 1999, c. 9, s. 17-19; 2000, c. 26, Sched. E, s. 1; 2001, c. 8, s. 4; 2001, c. 9, Sched. G, s. 1; 2001, c. 13, s. 3; 2002, c. 8, Sched. I, s. 3; 2002, c. 8, Sched. P, s. 1; 2002, c. 17, Sched. F, Table; 2004, c. 17, s. 32; 2004, c. 31, Sched. 5; 2006, c. 19, Sched. L, s. 11 (2), (3); 2006, c. 29, s. 59; 2006, c. 32, Sched. C, s. 5; 2006, c. 33, Sched. E; 2006, c. 35, Sched. C, s. 11; 2007, c. 7, Sched. 2; 2008, c. 7, Sched. B; 2009, c. 18, Sched. 3; 2009, c. 33, Sched. 14, s. 1; 2009, c. 34, Sched. J, s. 22; 2010, c. 19, Sched. 3; 2011, c. 9, Sched. 32, s. 38.

CONTENTS

Preamble

PART I
CROWN AGENCIES — COMMON PROVISIONS

1.

Definitions

2.

Corporations

3.

Responsible minister

4.

Powers

5.

Board of directors

6.

By-laws

7.

Chief executive officer

8.

Employees

9.

Protection from personal liability

10.

Agreement for transferring property

11.

Application of certain Acts

12.

Reviews

13.

Audit

14.

Annual report

15.

Fiscal year

16.

Policies and directives

17.

Payments to Consolidated Revenue Fund

18.

Subsidiary corporations

19.

Evidence of authority

20.

Authorized investments

21.

Province authorized to raise funds for corporation

22.

Purchases and advances by Province

23.

Agreement to apply appropriated funds

24.

Crown agent, restriction

25.

Waiver or submission

26.

Asset sales

27.

Appropriation

28.

Regulations

PART II
ONTARIO FINANCING AUTHORITY

29.

Definitions

30.

Objects

31.

Public body’s funds

32.

Agreement to purchase municipal or school board debentures

33.

Capital payments deemed a loan

34.

Transfer of loans

35.

Delegation of Minister’s powers

36.

Regulations

37.

Transfer of assets and liabilities

PART III
ONTARIO TRANSPORTATION CAPITAL CORPORATION

38.

Definitions

39.

Objects

40.

Powers

41.

Liability

42.

Toll highway continued as highway

43.

Payment of tolls, enforcement

43.1

Liens

44.

Other remedies

45.

Agreements re: collection of tolls

46.

Approvals, etc.

47.

Regulations

PART IV
ONTARIO CLEAN WATER AGENCY

48.

Definitions

49.

Objects

50.

Delegation of authority

51.

Minister not to establish works

52.

Powers

54.

Agreements transferred

55.

Class environmental assessments

56.

Changes to approvals

56.1

Construction obligations

56.2

Repayment of subsidies

57.

Regulations

57.1

Regulations – subsidiary corporations

 

Preamble

The Government of Ontario has announced a capital investment plan for Ontario under which the Government, municipalities and other public bodies, and the private sector will work together to make significant investments in the province’s infrastructure. Under the capital investment plan three new Crown agencies will be established and a fourth will be revitalized. These agencies will have responsibilities in the areas of provincial investment and financing programs, transportation projects, sewer and water projects and the management of the provincial land and building inventory. Legislation is required to establish the new Crown agencies and to continue the Ontario Land Corporation as the Ontario Realty Corporation. Complementary amendments are required to several Acts to implement the plan and to provide for certain other matters related to the financial administration of the Province of Ontario.

After the enactment of the Capital Investment Plan Act, 1993, legislation was enacted to amalgamate the Ontario Realty Corporation with the Ontario Infrastructure Projects Corporation and the Stadium Corporation of Ontario Limited to establish the Ontario Infrastructure and Lands Corporation. That legislation included complementary amendments to the Capital Investment Plan Act, 1993.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I
CROWN AGENCIES — COMMON PROVISIONS

Definitions

1. In this Act,

“municipality” includes a local board, as defined in the Municipal Affairs Act, and a board, commission or other local authority exercising any power with respect to municipal purposes, including school purposes, in territory without municipal organization; (“municipalité”)

“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”)  1993, c. 23, s. 1; 2001, c. 9, Sched. G, s. 1 (1); 2002, c. 17, Sched. F, Table.

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. G, s. 1 (1) - 29/06/2001

2002, c. 17, Sched. F, Table - 1/01/2003

Corporations

2. (1) The following are established as corporations without share capital:

1. A corporation to be known in English as the Ontario Financing Authority and in French as the Office ontarien de financement.

2. A corporation to be known in English as the Ontario Transportation Capital Corporation and in French as the Société d’investissement dans les transports de l’Ontario.

3. A corporation to be known in English as the Ontario Clean Water Agency and in French as the Agence ontarienne des eaux.  1993, c. 23, s. 2 (1).

(2) Repealed:  2011, c. 9, Sched. 32, s. 38 (2).

Membership

(3) A corporation consists of the members of its board of directors.  1993, c. 23, s. 2 (3).

Crown agency

(4) Subject to section 24, a corporation is, for all its purposes, an agent of Her Majesty and its powers may be exercised only as an agent of Her Majesty.  1993, c. 23, s. 2 (4).

Application of Part

(5) This Part applies to the three corporations established under this section.  2011, c. 9, Sched. 32, s. 38 (3).

Section Amendments with date in force (d/m/y)

2011, c. 9, Sched. 32, s. 38 (2, 3) - 6/06/2011

Responsible minister

Ontario Financing Authority

3. (1) The Minister of Finance is the minister responsible for the administration of this Act in respect of the Ontario Financing Authority.  1993, c. 23, s. 3 (1).

Ontario Transportation Capital Corporation

(2) The Minister of Transportation is the minister responsible for the administration of this Act in respect of the Ontario Transportation Capital Corporation.  1993, c. 23, s. 3 (2).

Ontario Clean Water Agency

(3) The Minister of the Environment is the minister responsible for the administration of this Act in respect of the Ontario Clean Water Agency.  1993, c. 23, s. 3 (3); 2000, c. 26, Sched. E, s. 1 (1).

(4) Repealed:  2011, c. 9, Sched. 32, s. 38 (4).

Definition

(5) In this Part,

“minister”, except in section 8, means, in respect of a particular corporation, the minister who is responsible for the administration of this Act in respect of that corporation.  1993, c. 23, s. 3 (5).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. E, s. 1 (1) - 6/12/2000

2009, c. 33, Sched. 14, s. 1 (1) - 15/12/2009

2011, c. 9, Sched. 32, s. 38 (4) - 6/06/2011

Powers

4. A corporation has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Act.  1993, c. 23, s. 4.

Board of directors

5. (1) The board of directors of a corporation shall manage or supervise the management of the business and affairs of the corporation.  2009, c. 18, Sched. 3, s. 1.

Composition

(2) A board shall be composed of its chair and at least four and not more than twelve other members appointed by the Lieutenant Governor in Council.  1993, c. 23, s. 5 (2).

Chair

(3) The Deputy Minister of Finance is, by virtue of office, the chair of the board of the Ontario Financing Authority and the chairs of the other boards shall be appointed by the Lieutenant Governor in Council.  1993, c. 23, s. 5 (3).

Vice-chairs

(4) A board shall have one or more vice-chairs appointed from amongst its members by the Lieutenant Governor in Council.  1993, c. 23, s. 5 (4).

Term of office

(5) An appointed member shall hold office at pleasure for a term not exceeding three years and may be reappointed for successive terms not exceeding three years each.  1993, c. 23, s. 5 (5).

Quorum

(6) Subject to the by-laws of the corporation, a majority of the members of the board constitutes a quorum for the transaction of business.  1993, c. 23, s. 5 (6).

Acting chair

(7) 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.  1993, c. 23, s. 5 (7).

Same

(8) 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.  1993, c. 23, s. 5 (8).

Remuneration

(9) A member who is not a public servant employed under Part III of the Public Service of Ontario Act, 2006 shall be paid such remuneration and expenses as are determined by the Lieutenant Governor in Council.  1993, c. 23, s. 5 (9); 2006, c. 35, Sched. C, s. 11 (1).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 11 (1) - 20/08/2007

2009, c. 18, Sched. 3, s. 1 - 5/06/2009

By-laws

6. (1) The board of directors of a corporation may pass by-laws regulating its proceedings and specifying the powers and duties of the officers and employees and generally for the management of the corporation.  1993, c. 23, s. 6 (1).

By-laws to be approved

(2) A by-law of a corporation does not take effect until it is approved by the minister.  1993, c. 23, s. 6 (2).

Borrowing and investing by-law

(3) The power of a corporation 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.  1993, c. 23, s. 6 (3).

Co-ordination of financing activities by Authority

(4) All borrowing, financing, short-term investment of funds and financial risk management activities of a corporation or its subsidiary corporations shall be co-ordinated and arranged by the Ontario Financing Authority, unless the Minister of Finance agrees otherwise.  1993, c. 23, s. 6 (4).

Chief executive officer

7. The Lieutenant Governor in Council, upon the recommendation of the minister, may appoint a chief executive officer of a corporation to be responsible for its operation and for the performance of such other functions as are assigned by its board of directors.  1993, c. 23, s. 7.

Employees

8. (1) Such employees as are considered necessary for the conduct of the business of a corporation may be appointed under Part III of the Public Service of Ontario Act, 2006.  1993, c. 23, s. 8 (1); 2006, c. 35, Sched. C, s. 11 (2).

(2) Repealed:  2006, c. 35, Sched. C, s. 11 (3).

Pension Plan

(3) The Public Service Pension Plan established under the Public Service Pension Act applies to the public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in a corporation.  1993, c. 23, s. 8 (3); 2006, c. 35, Sched. C, s. 11 (4).

Agreements re: services required by a corporation

(4) Any minister of the Crown may enter into agreements with a corporation for the provision by employees of the Crown or any agency of the Crown of any service required by the corporation and the corporation may pay such amounts as are agreed on for the service.  1993, c. 23, s. 8 (4).

Employment policies and practices

(5) Subject to any policy formulated for a corporation by the Lieutenant Governor in Council under section 16, the Management Board of Cabinet shall ensure that the employment policies and practices of a corporation are appropriate in light of the corporation’s responsibilities and objects.  1993, c. 23, s. 8 (5).

(6) Repealed:  2011, c. 9, Sched. 32, s. 38 (5).

Ontario Financing Authority powers

(7) With the approval of the Minister of Finance, the Ontario Financing Authority may determine salary ranges and remuneration, excluding benefits, for public servants who work in the Authority and who are members of a prescribed class.  2007, c. 7, Sched. 2, s. 1.

Same

(8) With the approval of the Minister of Finance, the Ontario Financing Authority may determine benefits to be provided in addition to the benefits determined under subsection 33 (3) of the Public Service of Ontario Act, 2006 for public servants who work in the Authority and who are members of a prescribed class.  2007, c. 7, Sched. 2, s. 1.

Regulations re classes

(9) For the purposes of subsection (7) or (8) or both, the Minister of Finance may, by regulation, prescribe one or more of the classes that are created under subsection 33 (1) of the Public Service of Ontario Act, 2006.  2007, c. 7, Sched. 2, s. 1.

Subclasses

(10) For the purposes of subsection (7) or (8) or both, the Ontario Financing Authority may establish subclasses within the prescribed classes of public servants and may determine different salary ranges, remuneration and benefits for each subclass.  2007, c. 7, Sched. 2, s. 1.

Policies and procedures

(11) The Ontario Financing Authority may establish policies and procedures relating to the management and administration of the salary ranges and remuneration determined under subsection (7) and the additional benefits determined under subsection (8).  2007, c. 7, Sched. 2, s. 1.

Conflict

(12) The salary ranges and remuneration determined under subsection (7) prevail over those determined under subsections 33 (2) and (3) of the Public Service of Ontario Act, 2006.  2007, c. 7, Sched. 2, s. 1.

Same

(13) The policies and procedures established under subsection (11) prevail over directives of the Public Service Commission issued under subsection 43 (1) of the Public Service of Ontario Act, 2006 and over policies, procedures and directives issued under the Management Board of Cabinet Act.  2007, c. 7, Sched. 2, s. 1.

Section Amendments with date in force (d/m/y)

1999, c. 9, s. 17 - 30/11/2001

2006, c. 35, Sched. C, s. 11 (2-5) - 20/08/2007

2007, c. 7, Sched. 2, s. 1 - 20/08/2007

2011, c. 9, Sched. 32, s. 38 (5) - 6/06/2011

Protection from personal liability

9. (1) No proceeding for damages shall be commenced against any director, officer or employee of a corporation for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of that duty.  1993, c. 23, s. 9 (1).

Corporation’s liability

(2) Subsection (1) does not relieve the corporation of any liability to which it would otherwise be subject in respect of a tort committed by a director, officer or employee.  1993, c. 23, s. 9 (2).

Definition, “employee”

(3) For the purposes of this section,

“employee” means an employee employed under Part III of the Public Service of Ontario Act, 2006.  2011, c. 9, Sched. 32, s. 38 (6).

Section Amendments with date in force (d/m/y)

1999, c. 9, s. 18 - 30/11/2001

2006, c. 35, Sched. C, s. 11 (6) - 20/08/2007

2011, c. 9, Sched. 32, s. 38 (6) - 6/06/2011

Agreement for transferring property

10. 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 a corporation or any of its subsidiary corporations may be transferred to the corporation or subsidiary, with or without consideration, upon such terms as are approved by Treasury Board.  1993, c. 23, s. 10.

Application of certain Acts

11. (1) The Corporations Act, the Corporations Information Act and the Loan and Trust Corporations Act do not apply to a corporation, except as specifically made applicable to the corporation by this Act or the regulations made under this Act.  1993, c. 23, s. 11 (1); 2001, c. 9, Sched. G, s. 1 (2).

Note: On the later of the day Schedule 25 (Ministry of Energy Act, 2011) to the Better Tomorrow for Ontario Act (Budget Measures), 2011 comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, subsection (1) is amended by striking out “The Corporations Act” and substituting “The Not-for-Profit Corporations Act, 2010”.  See: 2011, c. 9, Sched. 32, ss. 38 (7), 40 (2).

Conflict of interest and indemnification

(2) Sections 132 and 136 of the Business Corporations Act apply to the corporations and to their directors and officers.  1993, c. 23, s. 11 (2).

Section Amendments with date in force (d/m/y)

2001, c. 9, Sched. G, s. 1 (2) - 29/06/2001

2011, c. 9, Sched. 32, s. 38 (7) - not in force

Reviews

12. The minister may appoint one or more persons to review any of the activities or proposed activities of a corporation or any of its subsidiary corporations and to report on it to the minister.  1993, c. 23, s. 12.

Audit

13. (1) The Auditor General is the auditor of a corporation.  1993, c. 23, s. 13 (1); 2004, c. 17, s. 32.

Same

(2) The Auditor General or another auditor appointed by the Lieutenant Governor in Council shall be the auditor of the subsidiary corporations of a corporation.  1993, c. 23, s. 13 (2); 2004, c. 17, s. 32.

Section Amendments with date in force (d/m/y)

2004, c. 17, s. 32 - 30/11/2004

Annual report

14. (1) A corporation shall, within ninety days after the end of its fiscal year, submit to the minister and to the Minister of Finance an annual report on its affairs and the affairs of its subsidiary corporations for that fiscal year, signed by the chair of its board of directors.  1993, c. 23, s. 14 (1).

Ontario Clean Water Agency

(1.1) Despite subsection (1), the annual report of the Ontario Clean Water Agency shall be submitted within such period of time after the end of its fiscal year as the Minister of Finance may direct.  2010, c. 19, Sched. 3, s. 1.

Audited financial statements

(2) The audited financial statements for the corporation and its subsidiary corporations shall be included in the annual report.  1993, c. 23, s. 14 (2).

Tabling in Assembly

(3) The minister shall submit the annual report to the Lieutenant Governor in Council and shall then table the report before the Assembly if it is in session or, if not, at the next session.  1993, c. 23, s. 14 (3).

Other reports

(4) The minister may at any time require the corporation or its subsidiary corporations to report to him or her on any aspect of their affairs.  1993, c. 23, s. 14 (4).

Section Amendments with date in force (d/m/y)

2010, c. 19, Sched. 3, s. 1 - 29/11/2010

Fiscal year

15. (1) The fiscal year of a corporation begins on the 1st day of April and ends with the 31st day of March in the following year.  1993, c. 23, s. 15 (1).

Change in fiscal year

(2) The Lieutenant Governor in Council may by order change the fiscal year of a corporation.  1993, c. 23, s. 15 (2).

Policies and directives

Policies

16. (1) The Lieutenant Governor in Council may formulate policies for a corporation.  1993, c. 23, s. 16 (1).

Directives

(2) Subject to any policies under subsection (1), the minister may issue directives in writing to a corporation on matters relating to the corporation’s exercise of its powers and duties under this or any other Act.  1993, c. 23, s. 16 (2).

Implementation

(3) The board of a corporation shall ensure that the policies and directives under this section are implemented promptly and efficiently.  1993, c. 23, s. 16 (3).

Payments to Consolidated Revenue Fund

17. (1) When ordered to do so by the Minister of Finance, a corporation shall pay into the Consolidated Revenue Fund such of its surplus funds as are determined by the Minister of Finance.  1993, c. 23, s. 17 (1).

Reserves

(2) In determining the amount payable under subsection (1), the Minister of Finance shall allow such reserves for the future needs of the corporation as he or she considers appropriate, and shall ensure that the payment ordered under subsection (1) will not impair the corporation’s ability to pay its liabilities, to meet its obligations as they become due or to fulfil its contractual commitments.  1993, c. 23, s. 17 (2).

Revenues and investments

(3) Despite the Financial Administration Act, the revenues and investments of a corporation do not form part of the Consolidated Revenue Fund.  1993, c. 23, s. 17 (3).

Subsidiary corporations

18. Except with the approval of Treasury Board and Management Board of Cabinet, a corporation shall not establish a subsidiary corporation in Ontario or elsewhere.  1993, c. 23, s. 18.

Evidence of authority

19. A recital or declaration in any resolution of a corporation that a transaction is for the purpose of carrying out the corporation’s objects is conclusive evidence to that effect.  1993, c. 23, s. 19.

Authorized investments

20. Despite any other Act, securities issued by the corporations are authorized investments for public bodies as defined in section 29 and for trusts.  2007, c. 7, Sched. 2, s. 2.

Section Amendments with date in force (d/m/y)

2007, c. 7, Sched. 2, s. 2 - 5/05/2008

Province authorized to raise funds for corporation

21. 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 a corporation or its subsidiary corporations or applied by the Minister of Finance in the purchase of securities issued by a corporation or its subsidiary corporations.  1993, c. 23, s. 21.

Purchases and advances by Province

22. (1) The Minister of Finance may purchase securities of or make loans to a corporation or its subsidiary corporations in such amounts, at such times and on such terms and conditions as the Lieutenant Governor in Council considers expedient.  1993, c. 23, s. 22 (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).  1993, c. 23, s. 22 (2).

Agreement to apply appropriated funds

23. (1) As security for the payment by a public body, as defined in section 29, of any amount that it has agreed to pay to a corporation on account of its indebtedness to the corporation, a public body may agree in writing with the 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 the corporation on account of the indebtedness.  1993, c. 23, s. 23 (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 the corporation, and shall pay the amounts to the corporation.  1993, c. 23, s. 23 (2).

Crown agent, restriction

24. (1) A corporation may declare in writing in any of its contracts, securities or instruments that it is not acting as an agent of Her Majesty for the purpose of the contract, security or instrument.  1993, c. 23, s. 24 (1).

Effect

(2) A corporation that makes a declaration under subsection (1) shall be deemed not to be an agent of Her Majesty for the purpose of the contract, security or instrument, and Her Majesty is not liable for any liabilities or obligations incurred by the corporation under the contract, security or instrument.  1993, c. 23, s. 24 (2).

No proceeding against Crown

(3) No proceeding shall be commenced against the Crown in respect of any act or omission of a corporation or its officers, directors or employees.  1993, c. 23, s. 24 (3).

Exception

(4) Subsection (3) does not apply to a proceeding to enforce against the Crown its obligations under a written contract to which it is a party.  1993, c. 23, s. 24 (4).

Unpaid judgments against corporation

(5) The Minister of Finance shall pay from the Consolidated Revenue Fund the amount of any judgment against a corporation that remains unpaid after the corporation has made all reasonable efforts, including liquidating its assets, to pay the amount of the judgment.  1993, c. 23, s. 24 (5).

Exception

(6) Subsection (5) does not apply to any judgment in respect of a contract, security or instrument in which a declaration referred to in subsection (1) is made.  1993, c. 23, s. 24 (6).

Waiver or submission

25. A corporation may waive any immunity to which it may be entitled as an agent of Her Majesty and may submit to the jurisdiction of any court outside Ontario.  1993, c. 23, s. 25.

Asset sales

26. (1) A corporation 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 the corporation or is part of a financing transaction that entitles the corporation, on fulfilling the terms and conditions of the transaction, to reacquire the assets sold or disposed of.  1993, c. 23, s. 26 (1).

Exception

(2) Subsection (1) does not apply to a sale or disposition to the Crown or to a disposition under subsection 26 (2) of the Ontario Water Resources Act.  1993, c. 23, s. 26 (2); 2011, c. 9, Sched. 32, s. 38 (8).

Contracting out

(3) Except as agreed between the minister and a corporation, a corporation shall not sell or otherwise dispose of an identifiably separate business, organizational unit or activity of the corporation that is staffed by employees to whom Part III of the Public Service of Ontario Act, 2006 applies if the sale or other disposition will have the effect of replacing employees in the business, organization or activity with employees to whom that Part is not applicable or of terminating the application of that Part to those employees.  1993, c. 23, s. 26 (3); 2006, c. 35, Sched. C, s. 11 (7).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 11 (7) - 20/08/2007

2011, c. 9, Sched. 32, s. 38 (8) - 6/06/2011

Appropriation

27. Money required to defray the operating costs of a corporation shall be paid out of the money appropriated for that purpose by the Legislature.  1993, c. 23, s. 27; 2010, c. 19, Sched. 3, s. 2.

Section Amendments with date in force (d/m/y)

2010, c. 19, Sched. 3, s. 2 - 29/11/2010

Regulations

28. The Lieutenant Governor in Council may make regulations,

(a) making any provision or provisions of the Business Corporations Act, the Corporations Act and the Corporations Information Act applicable to one or more of the corporations;

Note: On the later of the day Schedule 25 (Ministry of Energy Act, 2011) to the Better Tomorrow for Ontario Act (Budget Measures), 2011 comes into force and the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, clause (a) is amended by striking out “the Corporations Act” and substituting “the Not-for-Profit Corporations Act, 2010”.  See: 2011, c. 9, Sched. 32, ss. 38 (9), 40 (2).

(b) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.  1993, c. 23, s. 28.

Section Amendments with date in force (d/m/y)

2011, c. 9, Sched. 32, s. 38 (9) - not in force

PART II
ONTARIO FINANCING AUTHORITY

Definitions

29. (1) In this Part,

“Authority” means the Ontario Financing Authority; (“Office”)

“public body” means,

(a) a corporation referred to in section 2 or another Crown agency,

(b) a hospital as defined in the Public Hospitals Act or another facility receiving funding for capital purposes from the Minister of Health and Long-Term Care,

(c) a municipality,

(d) a university that receives regular and ongoing operating funds from the Crown in right of Ontario for the purposes of providing post-secondary education, a college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002, Algoma University College, le Collège de Hearst or the Ontario College of Art & Design,

(e) a school board, or

(f) an entity named or described as a public body in the regulations made under this Act; (“organisme public”)

“school board” means a board as defined in subsection 1 (1) of the Education Act. (“conseil scolaire”)  1993, c. 23, s. 29 (1); 1997, c. 31, s. 144 (1); 2002, c. 8, Sched. P, s. 1 (1, 2); 2006, c. 19, Sched. L, s. 11 (2); 2006, c. 33, Sched. E, s. 1.

(2) Repealed:  2002, c. 8, Sched. P, s. 1 (3).

Section Amendments with date in force (d/m/y)

1997, c. 31, s. 144 (1) - 1/01/1998

2002, c. 8, Sched. P, s. 1 (1-3) - 27/06/2002

2006, c. 19, Sched. L, s. 11 (2) - 22/06/2006; 2006, c. 33, Sched. E, s. 1 - 20/12/2006

Objects

30. (1) Without limiting the powers or capacities of the Authority, its objects include assisting public bodies and the Province of Ontario to borrow and invest money, developing and carrying out financing programs, issuing securities, managing cash, currency and other financial risks, and providing such other financial services as are considered advantageous to the Province or any public body.  2002, c. 8, Sched. I, s. 3.

Same

(2) The Lieutenant Governor in Council may by order establish additional objects for the Authority.  1993, c. 23, s. 30 (2).

Section Amendments with date in force (d/m/y)

2002, c. 8, Sched. I, s. 3 - 15/03/2010

Public body’s funds

31. A public body may authorize the Authority to be its agent for investing any of its funds.  1993, c. 23, s. 31.

Agreement to purchase municipal or school board debentures

32. Despite any other Act, a municipality or a school board, before approval and validation are given by the Ontario Municipal Board, may make an agreement with the Authority to sell debentures to the Authority in the amount and at the rate of interest set out in the agreement.  1993, c. 23, s. 32.

Capital payments deemed a loan

33. (1) A payment for capital purposes, made by the Minister of Education and Training to a school board, that is charged to an appropriation of the Ministry of Education and Training made for the fiscal year commencing on the 1st day of April, 1993 shall be deemed to have been a loan from the Province to the school board if the payment was made in respect of one of the following:

1. A project approved under the Capital Grant Plan, 1979.

2. An obligation incurred under an agreement entered into between the Minister of Education and Training or a predecessor of the Minister and a school board for the purpose of assisting in the resolution of school accommodation problems.

3. The Jobs Ontario Program established in the 1992 Ontario Budget.  1993, c. 23, s. 33 (1).

Same

(2) Except for payments to a university under the University Student Residence Program, a payment for capital purposes made through the Capital Support Program of the Ministry of Education and Training to a university, Algoma University College, le Collège de Hearst, the Ontario College of Art & Design, the Ontario Institute for Studies in Education or a college of applied arts and technology that is charged to an appropriation of that Ministry for the fiscal year commencing on the 1st day of April, 1993 shall be deemed to have been a loan from the Province.  1993, c. 23, s. 33 (2); 2002, c. 8, Sched. P, s. 1 (4, 5).

Same

(3) Except for capital projects where the Minister of Health and Long-Term Care’s share is less than or equal to $1,000,000, a payment for capital purposes made by the Minister of Health and Long-Term Care to a hospital, as defined in the Public Hospitals Act or any other facility receiving funding for capital purposes from the Minister, that is charged to an appropriation of the Ministry of Health and Long-Term Care for the fiscal year commencing on the 1st day of April, 1993 shall be deemed to have been a loan from the Province to the hospital or other facility.  1993, c. 23, s. 33 (3); 2006, c. 19, Sched. L, s. 11 (2, 3).

Exception for certain facilities

(4) Unless the Minister of Health and Long-Term Care decides otherwise, the following facilities are not facilities for the purposes of payments under subsection (3):

1. Approved charitable homes for the aged under the Charitable Institutions Act.

2. Homes for the aged or joint homes under the Homes for the Aged and Rest Homes Act.

3. Facilities in which long-term care services are provided and that are funded under the Ministry of Community and Social Services Act.

4. Centres under the Elderly Persons Centres Act.

5. Corporations, organizations, homes, residences or other facilities that receive provincial funding under the Developmental Services Act.  1993, c. 23, s. 33 (4); 2001, c. 13, s. 3; 2006, c. 19, Sched. L, s. 11 (2).

Terms and conditions

(5) The Province of Ontario or its assignee may from time to time establish terms and conditions in respect of loans described in subsections (1), (2) and (3).  1993, c. 23, s. 33 (5).

(6), (7) Repealed:  1997, c. 31, s. 144 (2).

Discharge of obligation

(8) An obligation of the Minister of Education and Training to make a payment to a school board for capital purposes in respect of the matters mentioned in subsection (1) shall be deemed to be discharged if the Minister agrees to pay to the school board the amounts that would be required to meet principal and interest payments on debentures issued to the Province or its assignee to raise the amount of the payment.  1993, c. 23, s. 33 (8).

Deemed borrowing power

(9) Despite any other Act, its letters patent or its by-laws, a hospital as defined in the Public Hospitals Act or any other facility receiving funding for capital purposes from the Minister of Health and Long-Term Care or from a minister who takes over responsibility for providing such funding from that Minister shall be deemed to have had the unrestricted power to borrow, with or without security, from the Province of Ontario or a Crown agency as of the 1st day of April, 1993.  1993, c. 23, s. 33 (9); 2006, c. 19, Sched. L, s. 11 (2).

Section Amendments with date in force (d/m/y)

1997, c. 31, s. 144 (2) - 1/01/1998

2001, c. 13, s. 3 - 30/11/2001

2002, c. 8, Sched. P, s. 1 (4, 5) - 27/06/2002

2006, c. 19, Sched. L, s. 11 (2, 3) - 22/06/2006

Transfer of loans

34. (1) The Minister of Finance may transfer to the Authority the obligation of any public body to repay to the Province of Ontario a loan made to the public body.  1993, c. 23, s. 34 (1).

Issue of securities to Ontario

(2) The Authority shall issue to the Province of Ontario securities satisfactory to the Minister of Finance for the amount of the principal and interest of any obligation that is transferred.  1993, c. 23, s. 34 (2).

Delegation of Minister’s powers

35. (1) The Lieutenant Governor in Council may by order delegate to the chief executive officer of the Authority or to a public servant employed under Part III of the Public Service of Ontario Act, 2006 who works in the Authority or to a solicitor engaged to act for the Authority the powers of the Minister of Finance under section 20 of the Financial Administration Act.  1993, c. 23, s. 35 (1); 2007, c. 7, Sched. 2, s. 3.

Same

(2) Any power or duty conferred or imposed on the Minister of Finance under this or any other Act may be delegated by the Minister to any employee or officer of the Authority or of any of its subsidiary corporations and, when purporting to exercise a delegated power or duty, the employee or officer shall be presumed conclusively to act in accordance with the delegation.  1993, c. 23, s. 35 (2).

Delegation subject to conditions

(3) A delegation under subsection (2) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it.  1993, c. 23, s. 35 (3).

Subdelegation

(4) In a delegation under subsection (2), the Minister may authorize a person to whom a power or duty is delegated to delegate to others the exercise of the delegated power or duty, subject to such limitations, conditions and requirements as the person may impose.  1993, c. 23, s. 35 (4).

Effect of delegation, etc.

(5) Despite section 6 of the Executive Council Act, a deed or contract signed by a person acting under the authority of a delegation made under subsection (2) or authorized under subsection (4) has the same effect as if it were signed by the Minister of Finance.  2001, c. 8, s. 4.

Section Amendments with date in force (d/m/y)

2001, c. 8, s. 4 - 29/06/2001

2007, c. 7, Sched. 2, s. 3 - 20/08/2007

Regulations

36. The Lieutenant Governor in Council may make regulations,

(a) respecting the management, control and administration of the affairs of the Authority;

(b) naming or describing any entity or class of entity as a public body for the purpose of this Act;

(c) governing the conditions to be imposed for the purchase by the Authority of a public body’s securities;

(d) governing the sale, hypothecation or other disposition by the Authority of any securities of a public body purchased by the Authority;

(e) respecting the financing of transactions by the Authority.  1993, c. 23, s. 36.

Transfer of assets and liabilities

37. The assets and liabilities of the Ontario Municipal Improvement Corporation are transferred to and assumed by the Authority, without compensation.  1993, c. 23, s. 37.

PART III
ONTARIO TRANSPORTATION CAPITAL CORPORATION

Definitions

38. In this Part,

“Corporation” means the Ontario Transportation Capital Corporation; (“Société”)

“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; (“voie publique”)

“holder” has the same meaning as in section 6 of the Highway Traffic Act, except where the toll device is not registered to a permit, in which case “holder” means the person to whom the toll device is registered; (“titulaire”)

“permit” and “validate” have the same meanings as in section 6 of the Highway Traffic Act; (“certificat d’immatriculation”, “valider”)

“toll device” means a toll device prescribed under clause 191.4 (a) of the Highway Traffic Act. (“appareil à péage”)  1993, c. 23, s. 38; 1996, c. 1, Sched. E, s. 1 (1); 1996, c. 33, s. 21.

Section Amendments with date in force (d/m/y)

1996, c. 1, Sched. E, s. 1 (1) - 6/03/1996; 1996, c. 33, s. 21 - 1/04/1997

Objects

39. (1) Without limiting the powers or capacities of the Corporation, its objects include providing financing for transportation programs and projects and facilitating the development and implementation of such programs and projects and facilities and resources related to them.  1993, c. 23, s. 39 (1).

Same

(2) The Lieutenant Governor in Council may by order establish additional objects for the Corporation.  1993, c. 23, s. 39 (2).

Powers

40. (1) Without limiting the powers or capacities of the Corporation, for the purpose of carrying out its objects, the Corporation may,

(a) make agreements for the planning, design, financing, construction, improvement, operation, maintenance, leasing or acquisition of a highway, public transportation project or other transportation project;

(b) expropriate and use any land; and

(c) establish and collect tolls for the operation of any vehicle or class of vehicle on a toll highway.  1993, c. 23, s. 40 (1).

Delegation of power

(2) Without limiting the powers or capacities of the Corporation, for the purpose of carrying out its objects, the Corporation may delegate its powers with respect to the collection of tolls and may, in the delegation, provide for their use by the delegate.  1993, c. 23, s. 40 (2).

Delegation subject to conditions

(3) A delegation under subsection (2) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it.  1993, c. 23, s. 40 (3).

Subdelegation

(4) In a delegation under subsection (2), the Corporation may authorize the delegate to delegate to others the exercise of the delegated power, subject to such limitations, conditions and requirements as the delegate may impose.  1993, c. 23, s. 40 (4).

Liability

41. (1) The Corporation shall maintain and keep in repair every highway owned or operated by it and, in case of default, the Corporation and, despite subsection 24 (3), the Crown are liable for all damage sustained by any person by reason of the default.  1993, c. 23, s. 41 (1).

Non-application of Occupiers’ Liability Act

(2) The Occupiers’ Liability Act does not apply to the Corporation where it is the occupier, within the meaning of that Act, of a highway.  1993, c. 23, s. 41 (2).

Limitation of liability

(3) Despite any other Act, the liability of a designer, developer, builder, lessee or operator of a toll highway under an agreement with the Corporation is limited to the liability of the Corporation under this Act.  1993, c. 23, s. 41 (3).

Application of certain provisions

(4) Subsections 33 (3), (4) and (5) of the Public Transportation and Highway Improvement Act apply to the Corporation and to a designer, developer, builder, lessee or operator of a toll highway under an agreement with the Corporation as if a reference to “Crown” and “Minister” were a reference to “Corporation” or “designer”, “developer”, “builder”, “lessee” or “operator”, as the case may be.  1993, c. 23, s. 41 (4).

Toll highway continued as highway

42. A highway that has been designated as a toll highway continues to be a highway for all purposes of law even if it is operated under an agreement with the Corporation.  1993, c. 23, s. 42.

Payment of tolls, enforcement

43. (1) If a toll charged for operating a vehicle on a toll highway is not paid, the Corporation may serve on the holder of the permit for the vehicle or, if a toll device was affixed to the vehicle, on the holder to whom the toll device is registered, a notice of failure to pay a toll setting out the amount of the toll, the applicable administrative fee or fees and the interest rate that may be charged on unpaid tolls and fees.  1996, c. 1, Sched. E, s. 1 (2).

Content of notice

(2) The notice shall state that the holder named in the notice may dispute the matter on the ground that another person was in possession of the vehicle involved without the holder’s consent, that another person was in possession of the toll device registered to the holder and affixed to the vehicle involved without the holder’s consent, that the holder named in the notice is not the holder of the permit for the vehicle involved or that the holder named in the notice is not the holder to whom the toll device that was affixed to the vehicle involved is registered.  1996, c. 1, Sched. E, s. 1 (2).

Same

(3) The notice shall also state that if a toll, fee or any interest charged on the toll or fee are unpaid after the 30-day period referred to in subsection (4),

(a) the Registrar of Motor Vehicles may not validate the permit or may not issue a permit for the vehicle in respect of which the toll, fee or interest is owed; and

(b) the Corporation may file a notice of lien and charge against the holder’s real and personal property in respect of unpaid tolls, fees and interest.  1996, c. 1, Sched. E, s. 1 (2).

Payment to be made

(4) The holder shall pay the amount of a toll and fee within 30 days of the date on which the notice is deemed by subsection (16) to be received.  1996, c. 1, Sched. E, s. 1 (2).

Interest on unpaid tolls and fees

(5) The Corporation may charge interest on tolls and fees outstanding after the 30-day period referred to in subsection (4) and such interest continues to accrue even if the holder disputes or appeals a toll.  1996, c. 1, Sched. E, s. 1 (2).

Registrar notified

(6) If a toll or fee is not paid within the 30-day period, the Corporation may in writing notify the Registrar of Motor Vehicles of the failure to pay and, if the holder pays the toll, fee and interest after the Registrar has been notified of the failure to pay, the Corporation shall notify the Registrar in writing of the payment.  1996, c. 1, Sched. E, s. 1 (2).

Registrar’s action

(7) Upon receipt of a notification of failure to pay under subsection (6), the Registrar of Motor Vehicles shall refuse to validate the permit for the vehicle in respect of which a toll, fee or interest is owed or to issue any permit to the holder for that vehicle until the Registrar is notified by the Corporation that the holder has paid the toll, fee and interest.  1996, c. 1, Sched. E, s. 1 (2).

Dispute

(8) A holder who wishes to dispute a notice of failure to pay a toll shall serve written submissions on the Corporation within 30 days of the date on which the notice is deemed by subsection (16) to be received.  1996, c. 1, Sched. E, s. 1 (2).

Corporation’s decision

(9) The Corporation shall decide whether or not the holder owes a toll and fee as set out in the notice on the basis of the written submissions and shall,

(a) serve its written decision on the holder; and

(b) notify the Registrar of Motor Vehicles in writing if its decision is that the holder does not owe the toll and fee.  1996, c. 1, Sched. E, s. 1 (2).

Appeal to Registrar

(10) A holder who wishes to appeal the decision of the Corporation on a ground set out in subsection (2) shall serve written submissions on the Registrar of Motor Vehicles and on the Corporation within 30 days of the date on which the Corporation’s decision is deemed by subsection (16) to be received.  1996, c. 1, Sched. E, s. 1 (2).

Same

(11) The Registrar shall review the written submissions and may decide the matter on the basis of the written submissions or, if he or she thinks it is appropriate, may hold a hearing into the matter.  1996, c. 1, Sched. E, s. 1 (2).

Hearing

(12) If a hearing is to be held, the Registrar shall notify the holder and the Corporation of its time and place.  1996, c. 1, Sched. E, s. 1 (2).

Registrar’s decision

(13) The Registrar shall decide whether or not the holder owes a toll and fee as set out in the notice, and the decision of the Registrar is final and not subject to appeal.  1996, c. 1, Sched. E, s. 1 (2).

Corporation to repay toll, etc.

(14) The Registrar shall give the holder and the Corporation his or her decision in writing and if the decision is that the holder does not owe the toll and fee as set out in the notice, the Corporation shall repay to the holder any toll, fee and interest that were paid to the Corporation and subsequently determined not to be owed.  1996, c. 1, Sched. E, s. 1 (2).

Appointees

(15) The Corporation and the Registrar may appoint any person to consider submissions and hold hearings under this section and this section applies to such appointee as if the appointee were the Corporation or Registrar.  1996, c. 1, Sched. E, s. 1 (2).

Notices, decisions deemed received

(16) A notice under subsection (1) and the Corporation’s decision under subsection (9) shall be served on a holder by pre-paid ordinary mail and the holder shall be deemed to have received the notice and the decision on the 5th day after the date on which the notice or decision was issued.  1996, c. 1, Sched. E, s. 1 (2).

Interpretation

(17) For the purposes of this section, a vehicle in respect of which a toll, fee or interest is owed is,

(a) the vehicle that was being operated on the toll highway when the toll was charged; or

(b) if a toll device was affixed to the vehicle that was being operated on the toll highway when the toll was charged, the vehicle to which the toll device is registered.  1996, c. 1, Sched. E, s. 1 (2).

Section Amendments with date in force (d/m/y)

1996, c. 1, Sched. E, s. 1 (2) - 6/03/1996

Liens

Lien on real property

43.1 (1) Any toll, fee or interest payable under this Part by any person is, upon registration by the Corporation in the proper land registry office of a notice claiming a lien and charge conferred by this section, a lien and charge on any interest the person who owes the toll, fee or interest has in the real property described in the notice.  1996, c. 1, Sched. E, s. 1 (3).

Lien on personal property

(2) Any toll, fee or interest payable under this Part by any person is, upon registration by the Corporation with the registrar under the Personal Property Security Act of a notice claiming a lien and charge under this section, a lien and charge on any interest in personal property in Ontario owned or held at the time of registration or acquired afterwards by the person who owes the toll, fee or interest.  1996, c. 1, Sched. E, s. 1 (3).

Amounts included and priority

(3) The lien and charge conferred by subsection (1) or (2) is in respect of all tolls, fees and interest which are payable by the person under this Part at the time of registration of the notice or any renewal of it and all tolls, fees and interest which afterwards become payable by the person while the notice remains registered and, upon registration of a notice of lien and charge, the lien and charge has priority over,

(a) any perfected security interest registered after the notice is registered;

(b) any security interest perfected by possession after the notice is registered; and

(c) any encumbrance or other claim that is registered against or that otherwise arises and affects the person’s property after the notice is registered.  1996, c. 1, Sched. E, s. 1 (3).

Exception

(4) For the purposes of subsection (3), a notice of lien and charge under subsection (2) does not have priority over a perfected purchase money security interest in collateral or its proceeds and shall be deemed to be a security interest perfected by registration for the purpose of the priority rules under section 28 of the Personal Property Security Act.  1996, c. 1, Sched. E, s. 1 (3).

Lien effective

(5) A notice of lien and charge under subsection (2) is effective from the time assigned to its registration by the registrar or branch registrar and expires on the third anniversary of its registration unless a renewal notice of lien and charge is registered under this section before the end of the three-year period, in which case the lien and charge remains in effect for a further three-year period from the date the renewal notice is registered.  1996, c. 1, Sched. E, s. 1 (3).

Same

(6) Where any toll, fee or interest remains outstanding and unpaid at the end of the three-year period, or its renewal, referred to in subsection (5), the Corporation may register a renewal notice of lien and charge; the lien and charge remains in effect for a three-year period from the date the renewal notice is registered, until the tolls, fees and interest are fully paid, and shall be deemed to be continuously registered since the initial notice of lien and charge was registered under subsection (2).  1996, c. 1, Sched. E, s. 1 (3).

Where person not registered owner

(7) Where a person has an interest in real property but is not shown as its registered owner in the proper land registry office,

(a) the notice to be registered under subsection (1) shall recite the interest of the person in the real property; and

(b) a copy of the notice shall be sent to the registered owner at the owner’s last known address.  1996, c. 1, Sched. E, s. 1 (3).

Secured party

(8) In addition to any other rights and remedies, if tolls, fees or interest owed by a person remain outstanding and unpaid, the Corporation has, in respect of a lien and charge under subsection (2),

(a) all the rights, remedies and duties of a secured party under sections 17, 59, 61, 62, 63 and 64, subsections 65 (4), (5), (6) and (7) and section 66 of the Personal Property Security Act;

(b) a security interest in the collateral for the purpose of clause 63 (4) (c) of that Act; and

(c) a security interest in the personal property for the purposes of sections 15 and 16 of the Repair and Storage Liens Act, if it is an article as defined in that Act.  1996, c. 1, Sched. E, s. 1 (3).

Registration of documents

(9) A notice of lien and charge under subsection (2) or any renewal of it shall be in the form of a financing statement or a financing change statement as prescribed under the Personal Property Security Act and may be tendered for registration at a branch office established under Part IV of that Act, or by mail addressed to an address prescribed under that Act.  1996, c. 1, Sched. E, s. 1 (3).

Errors in documents

(10) A notice of lien and charge or any renewal thereof is not invalidated nor is its effect impaired by reason only of an error or omission in the notice or in its execution or registration, unless a reasonable person is likely to be materially misled by the error or omission.  1996, c. 1, Sched. E, s. 1 (3).

Bankruptcy and Insolvency Act (Canada) unaffected

(11) Subject to Crown rights provided under section 87 of the Bankruptcy and Insolvency Act (Canada), nothing in this section affects or purports to affect the rights and obligations of any person under that Act.  1996, c. 1, Sched. E, s. 1 (3).

Definition

(12) In this section,

“real property” includes fixtures and any interest of a person as lessee of real property.  1996, c. 1, Sched. E, s. 1 (3).

Interpretation

(13) For the purpose of subsections (1), (2) and (3), a toll or fee becomes payable after the 30-day period referred to in subsection 43 (4) and interest on a toll or fee becomes payable when it is charged.  1996, c. 1, Sched. E, s. 1 (3).

Section Amendments with date in force (d/m/y)

1996, c. 1, Sched. E, s. 1 (3) - 6/03/1996

Other remedies

44. Actions taken under section 43 or 43.1 are in addition to any other methods of enforcement and collection available at law. 1996, c. 1, Sched. E, s. 1 (4).

Section Amendments with date in force (d/m/y)

1996, c. 1, Sched. E, s. 1 (4) - 6/03/1996

Agreements re: collection of tolls

45. With the approval of the Lieutenant Governor in Council, the Corporation may enter into reciprocal arrangements and agreements with a government of another jurisdiction or with a person or agency in another jurisdiction providing for the collection of tolls and any matter related to their collection.  1996, c. 1, Sched. E, s. 1 (5).

Section Amendments with date in force (d/m/y)

1996, c. 1, Sched. E, s. 1 (5) - 6/03/1996

Approvals, etc.

46. (1) The approvals issued to the Ministry of Transportation pursuant to order in council 3426/92 that deal with class environmental assessments with respect to provincial highways apply to the Corporation as if it were named in the approvals.  1993, c. 23, s. 46 (1).

Same

(2) Any approvals, licences, permits, exemption orders or other instruments issued to the Ministry of Transportation by regulatory agencies apply to the Corporation as if it were named in those instruments.  1993, c. 23, s. 46 (2).

Changes to approvals, etc.

(3) If the Corporation is proceeding with an undertaking to which the procedures set out in an approval under subsection (1) or an instrument under subsection (2) apply, then the Corporation shall follow the procedures set out in any extension, amendment or replacement of the approval or instrument, unless the extension, amendment or replacement provides otherwise.  1993, c. 23, s. 46 (3).

Application of subsection

(4) Subsection 26 (1) of the Public Transportation and Highway Improvement Act applies to the Corporation with respect to the construction of a highway drainage work as if a reference to “Minister” and “Ministry” were a reference to “Corporation”.  1993, c. 23, s. 46 (4).

Regulations

47. (1) The Corporation may make regulations,

(a) exempting any vehicle or class of vehicles from the application of section 43;

(b) governing the registration and validation of toll devices;

(c) governing methods of paying tolls and fees.  1996, c. 1, Sched. E, s. 1 (6).

Same

(2) Subject to the approval of the Lieutenant Governor in Council, the Corporation may make regulations designating as a toll highway,

(a) any highway, any extension to an existing highway, or any combination of a highway and such an extension, if the highway, extension or combination, as the case may be, is not being used as a highway on the effective date of any such regulation;

(b) any highway that is not a controlled-access highway that is rebuilt and designated as a controlled-access highway.  1993, c. 23, s. 47 (2).

Same

(3) The Lieutenant Governor in Council may make regulations,

(a) prescribing administrative fees, including different fees based on different administrative costs or on such other criteria that the Lieutenant Governor in Council considers reasonable, for the purpose of section 43;

(a.1) prescribing fees to commence a dispute or appeal under section 43;

(b) respecting procedures to be used for enforcing the payment of tolls;

(c) respecting the collection, retention, use and disclosure of personal information by the Corporation or the operator of a toll highway under an agreement with the Corporation;

(d) respecting photographic and electronic evidence in respect of the non-payment of tolls.  1993, c. 23, s. 47 (3); 1996, c. 1, Sched. E, s. 1 (7).

Same

(4) A regulation under clause (3) (d) may provide that photographic or electronic evidence of non-payment of a toll is proof in the absence of evidence to the contrary of the non-payment of the toll.  1993, c. 23, s. 47 (4).

Use of tolls

(5) Any tolls collected in respect of a toll highway designated pursuant to a regulation shall be used only for purposes relating to the toll highway, including its development, design, construction, financing, refinancing, operation, maintenance and repair and any improvement, replacement, alteration or extension of the toll highway.  1993, c. 23, s. 47 (5).

When tolls cease

(6) Tolls shall cease to be imposed or collected in respect of a toll highway when all costs and liabilities relating to the toll highway, including its development, design, construction, operation or any improvement, replacement, alteration or extension, have been paid or otherwise discharged, and all financing or refinancing in respect of the toll highway has been paid or otherwise discharged.  1993, c. 23, s. 47 (6).

Extended definition of “operation”

(7) For the purposes of subsections (5) and (6),

“operation” includes incentive and rate-of-return payments to the designer, developer, builder, lessee or operator of a toll highway.  1993, c. 23, s. 47 (7).

Section Amendments with date in force (d/m/y)

1996, c. 1, Sched. E, s. 1 (6, 7) - 6/03/1996

PART IV
ONTARIO CLEAN WATER AGENCY

Definitions

48. In this Part,

“Agency” means the Ontario Clean Water Agency; (“Agence”)

“Minister” means the Minister of the Environment. (“ministre”)  1993, c. 23, s. 48; 2000, c. 26, Sched. E, s. 1 (2).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. E, s. 1 (2) - 6/12/2000

Objects

49. (1) Without limiting the powers or capacities of the Agency, its objects include,

(a) assisting municipalities, the Government of Ontario and other persons or bodies to provide water and sewage works and other related services by financing, planning, developing, building and operating those works and providing those services;

(b) financing and promoting the development, testing, demonstration and commercialization of technologies and services for the treatment and management of water, wastewater and stormwater;

(c) carrying out the activities described in clauses (a) and (b) in Ontario and elsewhere in a manner that protects human health and the environment and encourages the conservation of water resources; and

(d) with respect to activities described in clauses (a) and (b) that are carried out in Ontario, carrying them out in a manner that supports provincial policies for land use and settlement.  2010, c. 19, Sched. 3, s. 3.

Same

(2) The Lieutenant Governor in Council may by order establish additional objects for the Agency.  1993, c. 23, s. 49 (2).

Section Amendments with date in force (d/m/y)

2010, c. 19, Sched. 3, s. 3 - 29/11/2010

Delegation of authority

50. (1) Any power or duty conferred or imposed on the Minister or the Agency under this Act or the Ontario Water Resources Act may be delegated by the Minister to an employee in the Ministry of the Environment or by the Agency to any of its employees or officers and, when purporting to exercise a delegated power or duty, the employee or officer shall be presumed conclusively to act in accordance with the delegation.  1993, c. 23, s. 50 (1); 2000, c. 26, Sched. E, s. 1 (3); 2006, c. 35, Sched. C, s. 11 (8).

Delegation subject to conditions

(2) A delegation under subsection (1) shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it. 1993, c. 23, s. 50 (2).

Exception

(3) The authority to delegate under subsection (1) does not apply with respect to the Minister’s duty to act as the approving authority for expropriations by the Agency under subsection 5 (1) of the Expropriations Act.  1993, c. 23, s. 50 (3).

Section Amendments with date in force (d/m/y)

2000, c. 26, Sched. E, s. 1 (3) - 6/12/2000

2006, c. 35, Sched. C, s. 11 (8) - 20/08/2007

Minister not to establish works

51. (1) The Minister shall not establish a water works or sewage works, except for experimental or demonstration purposes or for the provision of water service or sewage service to a building of the Government of Ontario.  1993, c. 23, s. 51 (1).

Authority not affected

(2) Subsection (1) does not affect the Minister’s or a director’s authority under sections 80 to 89 of the Ontario Water Resources Act or under the Environmental Protection Act.  1993, c. 23, s. 51 (2).

Powers

52. (1) Without limiting the powers or capacities of the Agency, for the carrying out of its objects, the Agency may,

(a) make agreements for the provision of water service and sewage service and the financing of water works and sewage works;

(b) expropriate and use any land, and use the water of any lake, river, pond, spring or stream;

(c) make agreements for the purpose of financing and promoting the development, testing, demonstration and commercialization of technologies and services for the treatment and management of water, wastewater and stormwater, including entering into joint ventures and other business arrangements.  1993, c. 23, s. 52; 2010, c. 19, Sched. 3, s. 4 (1).

Capacity to act outside Ontario

(2) Section 16 of the Business Corporations Act applies with necessary modifications to the Agency.  2010, c. 19, Sched. 3, s. 4 (2).

Section Amendments with date in force (d/m/y)

2010, c. 19, Sched. 3, s. 4 (1, 2) - 29/11/2010

53. Repealed:  1997, c. 6, s. 2 (1).

Section Amendments with date in force (d/m/y)

1997, c. 6, s. 2 (1) - 27/05/1997

Agreements transferred

54. (1) All agreements relating to water works, sewage works, water service or sewage service executed on or after the 28th day of March, 1956 by the Ontario Water Resources Commission or the Crown are enforceable by and against the Agency as if the Agency and not the Commission or the Crown had executed the agreement.  1993, c. 23, s. 54 (1).

Powers of Agency under agreements

(2) The Agency has all the powers of the Minister, the Treasurer or a Director and of the Ontario Water Resources Commission under agreements transferred under subsection (1).  1993, c. 23, s. 54 (2).

Class environmental assessments

55. The approvals issued to the Municipal Engineers Association on behalf of six municipalities pursuant to order in council 836/87 that deal with class environmental assessments with respect to water works and sewage works apply to the Agency as if it were named in the approvals. 1993, c. 23, s. 55.

Changes to approvals

56. If the Agency is proceeding with an undertaking to which the procedures set out in an approval under section 55 apply, then the Agency shall follow the procedures set out in any extension, amendment or replacement of the approval, unless the extension, amendment or replacement provides otherwise.  1993, c. 23, s. 56.

Construction obligations

56.1 (1) The Agency and the Crown have no obligation, pursuant to an agreement entered into with a municipality before section 2 of the Water and Sewage Services Improvement Act, 1997 came into force, to construct, expand or finance the construction or expansion of water works or sewage works.  1997, c. 6, s. 2 (2).

Pre-existing construction agreements

(2) Subsection (1) does not apply to an obligation if the Agency or the Crown entered into an agreement with a construction contractor in respect of the obligation before section 2 of the Water and Sewage Services Improvement Act, 1997 came into force.  1997, c. 6, s. 2 (2).

Management obligations

(3) Subsection (1) does not affect any obligation of the Agency to manage the construction or expansion of works that are financed and owned by a municipality.  1997, c. 6, s. 2 (2).

New agreements

(4) Subsection (1) does not prevent the Agency or the Crown from entering into a new agreement to construct, expand or finance the construction or expansion of the works.  1997, c. 6, s. 2 (2).

Transfer order

(5) If ownership of a water works or sewage works is transferred under the Municipal Water and Sewage Transfer Act, 1997, the transfer order may provide that subsection (1) does not apply in respect of an obligation related to the works.  1997, c. 6, s. 2 (2).

Section Amendments with date in force (d/m/y)

1997, c. 6, s. 2 (2) - 27/05/1997

Repayment of subsidies

Water works

56.2 (1) A municipality shall not transfer the ownership of all or part of a water works to another person unless the municipality has repaid to the Crown,

(a) all payments that were made by the Crown on or after April 1, 1978 for the purpose of subsidizing the capital cost of the transferred works; and

(b) all payments that were made by the Crown on or after April 1, 1978 for the purpose of subsidizing the capital cost of other water works that have been used to provide water service to the municipality.  1997, c. 6, s. 2 (2).

Sewage works

(2) A municipality shall not transfer the ownership of all or part of a sewage works to another person unless the municipality has repaid to the Crown,

(a) all payments that were made by the Crown on or after April 1, 1978 for the purpose of subsidizing the capital cost of the transferred works; and

(b) all payments that were made by the Crown on or after April 1, 1978 for the purpose of subsidizing the capital cost of other sewage works that have been used to provide sewage service to the municipality.  1997, c. 6, s. 2 (2).

Transfer to another municipality

(3) Subsections (1) and (2) do not apply if the municipality transfers the ownership to another municipality.  1997, c. 6, s. 2 (2).

Transfer void

(4) A transfer of ownership in contravention of subsection (1) or (2) is void.  1997, c. 6, s. 2 (2).

Federal subsidies

(5) Subsections (1) and (2) do not require the municipality to repay payments that were made,

(a) by the Crown in right of Canada; or

(b) by the Crown in right of Ontario on behalf of the Crown in right of Canada.  1997, c. 6, s. 2 (2).

Determination of amount

(6) The Minister shall determine any dispute with the municipality about the amount of the payments referred to in clauses (1) (a) and (b) and clauses (2) (a) and (b).  1997, c. 6, s. 2 (2).

Same

(7) In making a determination under subsection (6), the Minister is not required to hold a hearing but shall give the municipality an opportunity to make written submissions to the Minister.  1997, c. 6, s. 2 (2).

Section Amendments with date in force (d/m/y)

1997, c. 6, s. 2 (2) - 27/05/1997

Regulations

57. (1) The Agency may make regulations prescribing methods of calculating charges that are additional to the amounts payable by a municipality under an agreement under this Act or the Ontario Water Resources Act, for the provision or operation of a water works, a sewage works or a class of either of them or the provision of water service or sewage service or a class of either of them.  1993, c. 23, s. 57 (1).

Notice of proposed regulation

(2) The Agency shall publish a notice of a proposed regulation in The Ontario Gazette before making the regulation under subsection (1).  1993, c. 23, s. 57 (2).

Comment

(3) The notice shall set out the text of the proposed regulation and request that comments, briefs and submissions on it be filed in writing with the Agency within sixty days after the date of publication of the notice or within such longer period as the Agency specifies in the notice.  1993, c. 23, s. 57 (3).

Further notice

(4) If the Agency intends to make the proposed regulation with changes in the text, it need not publish a further notice under subsection (2) but shall publish a notice of the changes in The Ontario Gazette.  1993, c. 23, s. 57 (4).

Amending or revoking regulation

(5) Subsections (2) to (4) apply to a regulation that amends or revokes a regulation.  1993, c. 23, s. 57 (5).

Distribution of regulation

(6) The Agency shall send a copy of each regulation made under subsection (1) to each municipality or other person with whom there is an agreement for the provision or operation of a water works or sewage works or the provision of water service or sewage service.  1993, c. 23, s. 57 (6).

Payment of additional charges

(7) Additional charges calculated under a regulation made under a predecessor of subsection (1) shall be paid to the Agency and not to the Minister of Finance.  1993, c. 23, s. 57 (7).

Regulations – subsidiary corporations

57.1 (1) Subject to subsections (2) and (4), the Lieutenant Governor in Council may by regulation constitute subsidiary corporations of the Agency with the objects, purposes, powers and duties set out in the regulation and may provide for the constitution and management of the subsidiary corporations.  2010, c. 19, Sched. 3, s. 5.

Objects

(2) The objects of a subsidiary corporation of the Agency shall fall within the scope of one or more of the objects of the Agency that are specified in clauses 49 (1) (a) to (d).  2010, c. 19, Sched. 3, s. 5.

Included powers

(3) Without limiting the generality of subsection (1), but subject to subsection (4), the Lieutenant Governor in Council may, under that subsection,

(a) give a subsidiary corporation constituted under subsection (1) the capacity, rights, powers and privileges of a natural person for carrying out its objects, subject to any limitations that the Lieutenant Governor in Council considers appropriate;

(b) provide that a subsidiary corporation constituted under subsection (1) is an agent of the Crown in right of Ontario, or provide that a subsidiary corporation constituted under subsection (1) is not an agent of the Crown in right of Ontario;

(c) prescribe provisions of the Business Corporations Act, the Corporations Act or the Corporations Information Act that apply or do not apply to a subsidiary corporation constituted under subsection (1) and prescribe any modifications, if necessary;

Note: On the day subsection 4 (1) of the Not-for-Profit Corporations Act, 2010 comes into force, clause (c) is amended by striking out “Corporations Act” and substituting “Not-for-Profit Corporations Act, 2010”.  See: 2010, c. 19, Sched. 3, s. 6 (3).

(d) provide that employees of a subsidiary corporation constituted under subsection (1) may be appointed under Part III of the Public Service of Ontario Act, 2006;

(e) govern the liability of the Agency or the Crown in right of Ontario for any act or omission of,

(i) a subsidiary corporation constituted under subsection (1),

(ii) a member of the board of directors of a subsidiary corporation constituted under subsection (1), or

(iii) an officer, employee or agent of a subsidiary corporation constituted under subsection (1);

(f) govern the liability of a member of the board of directors of a subsidiary corporation constituted under subsection (1), or of an officer, employee or agent of a subsidiary corporation constituted under subsection (1), for any act or omission of the member, officer, employee or agent;

(g) provide that a provision in Part I that applies to subsidiary corporations does not apply to a subsidiary corporation constituted under subsection (1) that is not an agent of the Crown in right of Ontario, or provide that the provision applies with such modifications as may be prescribed;

(h) provide that a provision in Part I that would not otherwise apply to subsidiary corporations does apply to a subsidiary corporation constituted under subsection (1), subject to such modifications as may be prescribed;

(i) provide for and govern the winding up and dissolution of a subsidiary corporation constituted under subsection (1) and the transfer of its assets, liabilities, rights and obligations;

(j) prescribe any other matter that the Lieutenant Governor in Council considers necessary or advisable to ensure that a subsidiary corporation constituted under subsection (1) may effectively carry out its powers and duties.  2010, c. 19, Sched. 3, s. 5.

Subsidiaries that are Crown agents

(4) Subsection 2 (4) and sections 4, 17, 18, 24 and 25 apply, with necessary modifications, to a subsidiary corporation constituted under subsection (1) that is an agent of the Crown in right of Ontario.  2010, c. 19, Sched. 3, s. 5.

Section Amendments with date in force (d/m/y)

2010, c. 19, Sched. 3, s. 5 - 29/11/2010; 2010, c. 19, Sched. 3, s. 6 (3) - not in force

Part V (ss. 58-63) Repealed:  2011, c. 9, Sched. 32, s. 38 (10).

58. , 59.

Section Amendments with date in force (d/m/y)

2011, c. 9, Sched. 32, s. 38 (10) - 6/06/2011

60.

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 14, s. 1 (2) - 15/12/2009

2011, c. 9, Sched. 32, s. 38 (10) - 6/06/2011

61.

Section Amendments with date in force (d/m/y)

2002, c. 17, Sched. F, Table - 1/01/2003

2006, c. 32, Sched. C, s. 5 - 1/01/2007

2011, c. 9, Sched. 32, s. 38 (10) - 6/06/2011

62.

Section Amendments with date in force (d/m/y)

2006, c. 29, s. 59 - 1/07/2008

2011, c. 9, Sched. 32, s. 38 (10) - 6/06/2011

63.

Section Amendments with date in force (d/m/y)

2011, c. 9, Sched. 32, s. 38 (10) - 6/06/2011

63.1 Repealed:  2006, c. 35, Sched. C, s. 11 (9).

Section Amendments with date in force (d/m/y)

1999, c. 9, s. 19 - 30/11/2001

2006, c. 35, Sched. C, s. 11 (9) - 20/08/2007

Part VI (ss. 64-67) Repealed:  2009, c. 34, Sched. J, s. 22.

64.

Section Amendments with date in force (d/m/y)

2004, c. 31, Sched. 5, s. 1 - 16/12/2004

2006, c. 35, Sched. C, s. 11 (10) - 20/08/2007

2009, c. 34, Sched. J, s. 22 - 15/12/2009

65.

Section Amendments with date in force (d/m/y)

2009, c. 34, Sched. J, s. 22 - 15/12/2009

66. , 67.

Section Amendments with date in force (d/m/y)

2008, c. 7, Sched. B, s. 1 - 14/05/2008

2009, c. 34, Sched. J, s. 22 - 15/12/2009

68.-75. Omitted (amends or repeals other Acts).  1993, c. 23, ss. 68-75.

76. Omitted (provides for coming into force of provisions of this Act).  1993, c. 23, s. 76.

77. Omitted (enacts short title of this Act).  1993, c. 23, s. 77.

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