Delegation

Item

Column 1
Provisions of the Act

Column 2
Description

Column 3
Conditions and restrictions

1.

Sections 3 to 10

Development Control

Metrolinx shall notify the Minister of any permit-related matter specified by the Minister, in the manner and form approved by the Minister.

2.

Sections 12 to 25

Obstruction Removal

Metrolinx shall notify the Minister of any obstruction removal that is carried out without an agreement with the property owner.

3.

Sections 26 to 33

Construction Danger Inspection and Elimination

1. Metrolinx shall notify the Minister of any removal or elimination that took place after reasonable efforts to notify the property owner, tenant or occupant were unsuccessful.
2. Metrolinx shall notify the Minister if the individual who carried out construction danger inspection and elimination requested police assistance and shall provide details of the resulting police involvement in the construction danger inspection and elimination.

4.

Sections 34 to 41

Preview Inspection

Metrolinx shall notify the Minister of any preview inspection that is carried out without an agreement as to a mutually convenient date and time.

5.

Sections 42 and 43

Compensation

n/a

5.1

Sections 56 to 58

Municipal Service and Right of Way Access

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

6.

Subsections 62 (3) and (4)

Notice and registration re designating transit corridor land

n/a

7.

Sections 64 to 67

Stop-Work Order

1. Metrolinx shall notify the Minister of the issuance of a stop-work order.

2. Metrolinx shall notify the Minister before filing a stop-work order in the Superior Court of Justice.

8.

Sections 71 to 75

Inspections

Metrolinx shall notify the Minister if an inspection finds a failure to comply with a stop-work order.

9.

Section 76

Warrants

1. Metrolinx shall notify the Minister before Metrolinx makes an application for a warrant.
2. Metrolinx shall notify the Minister before a request for police assistance in executing a warrant is made.
3. Metrolinx shall provide to the Minister details of any police involvement in executing a warrant.
4. Metrolinx shall submit to the Minister a written summary of the results of the following activities if the activity is carried out under a warrant:
  i. An inspection under section 71 of the Act.
  ii. A preview inspection under section 34 of the Act.
  iii. An obstruction removal under section 19 of the Act.