Highway 407 East Completion Act, 2001, S.O. 2001, c. 23, Sched. B, Highway 407 East Completion Act, 2001
Highway 407 East Completion Act, 2001
S.O. 2001, CHAPTER 23
Schedule B
Note: This Act was repealed on December 31, 2011. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011.
Note: THIS ACT IS NOT YET IN FORCE. It comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 2001, c. 23, Sched. B, s. 65.
Last amendment: See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011.
CONTENTS
Definitions | |
Transfer of assets | |
Necessary authority | |
Owner’s rights limited by agreements | |
Fee simple | |
Non-application of Expropriations Act | |
Delegation | |
Evidence | |
Crown as owner | |
Private toll highway | |
Obligation to pay toll | |
Powers of owner | |
Payment of toll | |
Failure to pay toll | |
Dispute | |
Appointment of dispute arbitrator | |
Appeal | |
Repayment of paid tolls | |
Interest on unpaid tolls | |
Failure to pay toll – non-validation of vehicle permit | |
Statutory Powers Procedure Act | |
Documents | |
Other remedies | |
Assignment of agreements | |
“Highway”, ss. 27-41 | |
Owner to manage | |
Intersecting highways | |
Intersecting King’s Highways | |
Intersecting roads, relocation for owner, closure by municipality | |
Drainage | |
Highway closure | |
Power to enter on land, etc. | |
Removal of obstructions | |
Control of Highway 407 East Completion lands | |
Construction zone | |
Safety standards | |
Inspection | |
Ministry of Transportation undertakes work | |
Higher standard | |
Vehicle safety | |
Immunity | |
Liability for maintenance and repair | |
Expropriation | |
Expansion and extension | |
Approvals and agreements | |
Environmental Assessment Act | |
Road authority | |
Aggregate Resources Act | |
Building Code Act, 1992 | |
Conservation Authorities Act | |
Emergency Plans Act | |
Freedom of information | |
Highway Traffic Act – tow truck services | |
Highway Traffic Act – application of miscellaneous regulations | |
Motorized Snow Vehicles Act | |
Off-Road Vehicles Act | |
Police Services Act | |
Public Utilities Act | |
Public Service Works on Highways Act | |
Municipal by-laws | |
Ontario Planning and Development Act, 1994 | |
Planning Act orders | |
Regulations | |
Definitions
“expand” includes the building of additional lanes, the adding or expanding of interchanges, the construction of tunnels and bridges and other structures and the making of other improvements, and “expansion” has a corresponding meaning; (“élargir”, élargissement”)
“extend” means the construction of linear additions, and “extension” has a corresponding meaning; (“prolonger”, “prolongement”)
“Highway 407” means Highway 407, as defined in the Highway 407 Act, 1998; (“autoroute 407”)
“Highway 407 East Completion” means the extension of Highway 407, as it may be built on the Highway 407 East Completion lands and includes improvements and fixtures; (“tronçon final est de l’autoroute 407”)
“management” includes development, planning, design, construction, operation, maintenance and rehabilitation, and “manage” has a corresponding meaning; (“gestion”, “gérer”)
“Minister” means the Minister of Transportation or such other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”)
“ministry” includes a ministry of the Government of Ontario and any board, commission, authority, corporation or other agency of the Government of Ontario; (“ministère”)
“ministry safety standards” means safety standards, specifications, special provisions, directives, codes, policies, procedures, manuals, guidelines or processes of the Ministry of Transportation that apply to the management of highways designated as controlled-access highways under section 36 of the Public Transportation and Highway Improvement Act, as they may be amended or replaced from time to time; (“normes de sécurité ministérielles”)
“owner” means the person from time to time who is a tenant under a ground lease of the Highway 407 East Completion lands; (“propriétaire”)
“prescribed” means prescribed in the regulations made under this Act; (“prescrit”)
“SuperBuild” means Ontario SuperBuild Corporation established under the Development Corporations Act; (“Société”)
“SuperBuild subsidiary” means a subsidiary of SuperBuild, within the meaning of the Business Corporations Act; (“filiale de la Société”)
“toll device” means a toll device prescribed under clause 191.4 (a) of the Highway Traffic Act; (“appareil à péage”)
“transfer” includes convey, sell, grant, transfer, lease, license, charge, mortgage, encumber, grant an easement, assign and in any other way deal with or dispose of; (“transférer”)
“vehicle permit” means a permit as defined in section 6 of the Highway Traffic Act. (“certificat d’immatriculation de véhicule”) 2001, c. 23, Sched. B, s. 1 (1).
Highway 407 East Completion lands
(2) The Lieutenant Governor in Council may make regulations defining the Highway 407 East Completion lands for the purposes of this Act, but the lands described must meet the following requirements:
1. The lands must not exceed a width sufficient to accommodate 10 highway lanes, a median and the additional lands required for infrastructure that is essential to the design, construction, use and safety of the highway.
2. The route shall be the route which may be approved under federal and provincial statutes between the easterly end of Highway 407 and Highway 35/115 and any approved highway connections with Highway 401. 2001, c. 23, Sched. B, s. 1 (2).
Transfer of assets
2. (1) Despite any other Act or regulation, the Lieutenant Governor in Council may do any one or more of the following:
1. Direct the Minister to transfer, on behalf of the Crown in right of Ontario as represented by any minister of the Crown, SuperBuild, a SuperBuild subsidiary or any other ministry, directly or indirectly, all or any part of the Highway 407 East Completion lands, shares and other assets comprising or relating to the Highway 407 East Completion, whether tangible or intangible, or any interest in those lands, shares and other assets, on such terms and conditions as the Minister may determine.
2. Direct SuperBuild or a SuperBuild subsidiary to issue or transfer, directly or indirectly, any shares and other assets comprising or relating to the Highway 407 East Completion, whether tangible or intangible, or any interest in those shares and other assets, on such terms and conditions as SuperBuild or the SuperBuild subsidiary may determine.
3. Direct a SuperBuild subsidiary or any other ministry to,
i. enter into an agreement with the Minister under paragraph 1, or
ii. in the case of a SuperBuild subsidiary, enter into an agreement with SuperBuild under paragraph 2 or, in the case of any other ministry, enter into an agreement with SuperBuild or a SuperBuild subsidiary under paragraph 2. 2001, c. 23, Sched. B, s. 2 (1).
Power to enter agreements
(2) The Minister, SuperBuild, a SuperBuild subsidiary or any other ministry may enter into any agreement considered necessary or expedient for carrying out the purposes of this Act. 2001, c. 23, Sched. B, s. 2 (2).
Powers not limited
(3) Nothing in subsection (1) or (2) limits the powers that the Minister, SuperBuild, a SuperBuild subsidiary or any other ministry has under any other Act or regulation or at common law. 2001, c. 23, Sched. B, s. 2 (3).
Necessary authority
3. (1) The Minister, SuperBuild, a SuperBuild subsidiary and any other ministry shall be deemed to have all necessary authorizations, consents and approvals from any minister of the Crown and from any ministry to carry out the powers described in this Act, including the power to enter into agreements. 2001, c. 23, Sched. B, s. 3 (1).
Same
(2) For greater certainty and without limiting the generality of subsection (1), the Minister, SuperBuild, a SuperBuild subsidiary and any other ministry shall be deemed to have any approval which may be required under section 28 of the Financial Administration Act. 2001, c. 23, Sched. B, s. 3 (2).
Same
(3) The execution of any document by the Minister, SuperBuild, a SuperBuild subsidiary or any other ministry shall be conclusive evidence that the necessary authorizations, consents and approvals referred to in subsections (1) and (2) have been obtained and that the minister of the Crown or ministry that granted or is deemed to have granted such authorization, consent or approval is bound by the document. 2001, c. 23, Sched. B, s. 3 (3).
Owner’s rights limited by agreements
4. (1) The rights and powers of the owner under this Act may only be exercised in accordance with the terms and conditions of an agreement between the owner and the Minister, SuperBuild or other ministry. 2001, c. 23, Sched. B, s. 4 (1).
Penalties in agreement
(2) An agreement between the owner and the Minister, SuperBuild or other ministry may impose penalties for breach of the agreement or for breach of any Act or regulation and such penalties shall be enforceable. 2001, c. 23, Sched. B, s. 4 (2).
Fee simple
5. Despite any other provision of this Act, the Minister may not convey title in fee simple to the Highway 407 East Completion lands under this Act, except to the Crown in right of Ontario as represented by a minister of the Crown or to a ministry. 2001, c. 23, Sched. B, s. 5.
Non-application of Expropriations Act
6. Sections 41 and 42 of the Expropriations Act do not apply to a transfer of assets under the authority of this Act. 2001, c. 23, Sched. B, s. 6.
Delegation
7. (1) Any power or duty conferred or imposed on the Minister under this Act may be delegated by the Minister to an employee or officer of a ministry 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. 2001, c. 23, Sched. B, s. 7 (1).
Same – by owner
(2) The owner may delegate the powers given to the owner in this Act, and any person to whom a power is delegated shall be presumed conclusively to act in accordance with the delegation. 2001, c. 23, Sched. B, s. 7 (2).
Conditions of delegation
(3) A delegation under this section shall be in writing and may be subject to such limitations, conditions and requirements as are set out in it. 2001, c. 23, Sched. B, s. 7 (3).
Evidence
8. Any document under this Act purporting to be executed by the Minister or another minister of the Crown, or any certified copy of the document, is admissible in evidence in any action, prosecution or other proceeding as proof, in the absence of evidence to the contrary, that the document is executed by the Minister or other minister of the Crown without proof of the office or signature of the Minister or other minister. 2001, c. 23, Sched. B, s. 8.
Crown as owner
9. In the event that the ground lease of the Highway 407 East Completion lands is terminated, the Crown has all the powers, rights, duties and obligations given to the owner for the purposes of this Act, until a further transfer of the Highway 407 East Completion lands authorized under this Act. 2001, c. 23, Sched. B, s. 9.
Designation of the Highway 407 East Completion
Private toll highway
10. (1) The Highway 407 East Completion is designated as a private toll highway that is a controlled-access highway. 2001, c. 23, Sched. B, s. 10 (1).
Not King’s Highway
(2) Despite any designation under section 36 of the Public Transportation and Highway Improvement Act, the Highway 407 East Completion is not part of the King’s Highway. 2001, c. 23, Sched. B, s. 10 (2).
Highway under Highway Traffic Act
(3) For the purposes of the Highway Traffic Act, the Highway 407 East Completion is a highway, and shall be deemed to have been designated as a Class A Highway in regulations made under that Act, and shall be treated as a controlled-access highway as described in the Schedules under that Act. 2001, c. 23, Sched. B, s. 10 (3).
Public access
(4) Subject to subsection (3), the owner shall provide access to the Highway 407 East Completion to the public. 2001, c. 23, Sched. B, s. 10 (4).
Order in council to be registered
(5) An order in council confirming the designation of the Highway 407 East Completion as a private toll highway may be registered in the proper land registry offices. 2001, c. 23, Sched. B, s. 10 (5).
Designation not a regulation
(6) The order in council made under subsection (5) is not a regulation within the meaning of the Regulations Act. 2001, c. 23, Sched. B, s. 10 (6).
Note: On the later of a) October 19, 2007 or an earlier day to be named by proclamation of the Lieutenant Governor and b) the day the Statutes of Ontario, 2001, chapter 23, Schedule B, subsection 10 (6) comes into force, subsection (6) is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 114 (1) by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”. See: 2006, c. 21, Sched. F, ss. 114 (1), 143 (3).
Obligation to pay toll
11. (1) A toll and any related fee and interest payable under this Act for the operation of a vehicle on the Highway 407 East Completion shall be paid to the owner by,
(a) if a toll device is not affixed to the vehicle, the person in whose name the plate portion of the vehicle permit is issued;
(b) if a toll device is affixed to the vehicle, the person to whom the toll device is registered. 2001, c. 23, Sched. B, s. 11 (1).
Evidence
(2) Photographic or electronic evidence of the use of the Highway 407 East Completion is proof, in the absence of evidence to the contrary, of the obligation to pay a toll. 2001, c. 23, Sched. B, s. 11 (2).
Application
(3) Sections 14 to 23 apply to the enforcement and collection of tolls and related fees and interest payable under this Act by a person described in subsection (1), but do not apply to the enforcement and collection of such tolls, fees and interest if,
(a) the person is responsible for the payment of such tolls, fees and interest under clause (1) (b); and
(b) the toll device that was affixed to the vehicle in question was obtained without providing information identifying the plate portion of a vehicle permit. 2001, c. 23, Sched. B, s. 11 (3).
Powers of owner
(a) establish, collect and enforce payment of tolls with respect to the operation of any vehicle or class of vehicles on the Highway 407 East Completion;
(b) establish, collect and enforce administration fees based on such criteria as the owner considers appropriate, and fees to commence or appeal any dispute proceedings;
(c) establish interest rates to be charged on unpaid tolls and fees, and collect interest charged at those rates;
(d) exempt any vehicle or class of vehicles from the application of section 11;
(e) establish terms and conditions for the registration and distribution of toll devices;
(f) require security for the provision of any toll devices; and
(g) determine the methods of payment of tolls, fees and interest. 2001, c. 23, Sched. B, s. 12 (1).
Property in tolls
(2) Tolls, fees and interest collected by or on behalf of the owner are the property of the owner. 2001, c. 23, Sched. B, s. 12 (2).
Validation of toll devices
(3) For the purposes of subsection 191.2 (2) of the Highway Traffic Act, a toll device is a validated toll device under this Act if a toll device agreement is in effect with the owner or other prescribed entity with respect to that toll device. 2001, c. 23, Sched. B, s. 12 (3).
Payment of toll
13. (1) Subject to any agreement between the owner and a person responsible for the payment of a toll, a toll or fee is payable on the day an invoice for it is mailed, delivered by hand or sent by any other prescribed method to that person. 2001, c. 23, Sched. B, s. 13 (1).
Interest
(2) Subject to any agreement between the owner and a person responsible for the payment of a toll, interest on a toll or fee begins to accrue and is payable 35 days after the invoice for the toll or fee is mailed, delivered by hand or sent by any other prescribed method to that person. 2001, c. 23, Sched. B, s. 13 (2).
Cause of action
(3) A toll and any related fee or interest is a debt owing to the owner and the owner has a cause of action enforceable in any court of competent jurisdiction for the payment of that debt but the debt may not be enforced while the obligation to pay a toll or fee is being disputed under section 15 or is subject to an appeal under section 17. 2001, c. 23, Sched. B, s. 13 (3).
Failure to pay toll
14. (1) If a toll charged for operating a vehicle on the Highway 407 East Completion or any administrative fee is not paid within 35 days after the day it is payable under subsection 13 (1), the owner may send the person responsible for the payment of the toll a notice of failure to pay the toll. 2001, c. 23, Sched. B, s. 14 (1).
Content of notice
(2) The notice shall,
(a) set out the amount of the toll, of any administrative fee and the interest rate that is being charged;
(b) inform the person named in the notice that he or she may dispute the matter on a ground referred to in subsection 15 (1) and set out those grounds;
(c) inform the person named in the notice that if he or she disputes the matter,
(i) he or she must send a notice of dispute to the owner within the time period referred to in subsection 15 (2),
(ii) he or she bears the onus of proving the grounds on which the matter is disputed, and
(iii) the tolls, fees and interest set out in the notice shall be deemed to be paid in full if the owner fails to send the person its decision within 30 days of receiving the person’s notice of dispute; and
(d) inform the person named in the notice that if the toll or fee referred to in the notice, or any interest on that toll or fee, is not paid within 90 days of the day on which the person received the notice, the Registrar of Motor Vehicles may refuse to validate the person’s vehicle permit or refuse to issue a vehicle permit to the person and that the Registrar of Motor Vehicles may do so even if the failure to pay is disputed under section 15. 2001, c. 23, Sched. B, s. 14 (2).
Dispute
15. (1) A person who receives notice under section 14 may dispute the alleged failure to pay a toll on any of the following grounds:
1. The toll was paid in full.
2. The amount of the toll is incorrect.
3. The vehicle, the numbered plate or the toll device registered to the person was lost or stolen at the time the toll was incurred.
4. The person is not the person responsible for the payment of the toll under subsection 11 (1).
5. Any other grounds agreed to by the owner and the Minister. 2001, c. 23, Sched. B, s. 15 (1).
Notice of dispute
(2) A person who receives notice under section 14 may dispute the alleged failure to pay a toll if the person sends a notice of dispute, setting out the grounds on which the dispute is based, to the owner within 30 days of receiving the notice of failure to pay the toll under section 14. 2001, c. 23, Sched. B, s. 15 (2).
Payment without prejudice
(3) The payment of a toll and related fees and interest shall not prejudice the right of a person who receives notice under section 14 to dispute the alleged failure to pay the toll, fees and interest. 2001, c. 23, Sched. B, s. 15 (3).
Onus
(4) The onus of proving the grounds upon which a dispute under this section is based is on the person who sends notice of the dispute. 2001, c. 23, Sched. B, s. 15 (4).
Decision
(5) Within 30 days of receiving a notice of dispute from a person under subsection (2), the owner shall render a decision and shall send the person a copy of the decision, with or without reasons. 2001, c. 23, Sched. B, s. 15 (5).
Same
(6) If the dispute is unsuccessful, the owner shall, in writing together with the copy of the decision, inform the person who gave the notice of dispute of his or her right to appeal the decision to a dispute arbitrator and shall provide the address of the dispute arbitrator. 2001, c. 23, Sched. B, s. 15 (6).
Failure to give timely decision
(7) If the owner fails to send a copy of the decision to the person who sent the notice of dispute within the time period required under subsection (5), the tolls and the related fees and interest that were the subject of the dispute shall be deemed to be paid in full. 2001, c. 23, Sched. B, s. 15 (7).
Appointment of dispute arbitrator
16. (1) The Lieutenant Governor in Council may appoint a dispute arbitrator for the purposes of section 17. 2001, c. 23, Sched. B, s. 16 (1).
Fees and expenses
(2) The fees and expenses of the dispute arbitrator shall be paid by the owner. 2001, c. 23, Sched. B, s. 16 (2).
Appeal
17. (1) A person may appeal the owner’s decision under section 15 on any of the grounds referred to in subsection 15 (1) if the person sends a notice of appeal, setting out the grounds of the appeal, to the dispute arbitrator and to the owner within 30 days of receiving a copy of the owner’s decision under subsection 15 (5). 2001, c. 23, Sched. B, s. 17 (1).
Submission by owner
(2) Within 15 days of receipt of a notice of appeal under subsection (1), the owner may send a written submission to the dispute arbitrator. 2001, c. 23, Sched. B, s. 17 (2).
Copy to appellant
(3) Upon making a submission under subsection (2), the owner shall send a copy of the submission to the appellant. 2001, c. 23, Sched. B, s. 17 (3).
Appeal process
(4) The dispute arbitrator shall review the notice of appeal and any submission made by the owner under subsection (2) and may,
(a) decide the matter on the basis of the written material;
(b) if he or she thinks it appropriate, hold a hearing into the matter; or
(c) use any available mediation or alternative dispute resolution method that he or she considers appropriate. 2001, c. 23, Sched. B, s. 17 (4).
Appeal decision
(5) The dispute arbitrator shall decide the appeal solely on the grounds referred to in subsection 15 (1). 2001, c. 23, Sched. B, s. 17 (5).
Order for expenses
(6) If the dispute arbitrator finds that the appellant is not responsible for payment of the toll, he or she may order the owner to pay the appellant the amount of his or her reasonable out of pocket expenses incurred in connection with the dispute or appeal of the dispute. 2001, c. 23, Sched. B, s. 17 (6).
Decision final
(7) The decision of the dispute arbitrator is final and binding and is not subject to appeal. 2001, c. 23, Sched. B, s. 17 (7).
Notice of decision
(8) The dispute arbitrator shall send the appellant, the owner and the Registrar of Motor Vehicles a copy of his or her decision within 120 days of receiving the notice of appeal under subsection (1). 2001, c. 23, Sched. B, s. 17 (8).
Failure to give timely decision
(9) If the dispute arbitrator fails to send a copy of his or her decision within the time period set out in subsection (8), the appellant or the owner may apply to a court of competent jurisdiction for an order compelling the dispute arbitrator to give his or her decision. 2001, c. 23, Sched. B, s. 17 (9).
Repayment of paid tolls
18. (1) Where a person who receives notice of failure to pay a toll under section 14 pays the toll and the related fees and interest, in whole or in part, the owner shall return the amount paid to the person, together with interest, if,
(a) the owner or the dispute arbitrator subsequently decides that the person is not responsible for the payment of the toll, fees and interest; or
(b) the tolls, fees and interest are deemed to be paid in full under subsection 15 (7). 2001, c. 23, Sched. B, s. 18 (1).
Interest rate
(2) The interest on an amount returned under subsection (1) shall be charged at the same rate as the rate established by the owner under clause 12 (1) (c). 2001, c. 23, Sched. B, s. 18 (2).
Interest on unpaid tolls
19. Interest on unpaid tolls and fees continues to accrue even if a person disputes or appeals the obligation to pay a toll. 2001, c. 23, Sched. B, s. 19.
Failure to pay toll – non-validation of vehicle permit
20. (1) If a toll, and the related fees and interest, are not paid within 90 days of the day a person receives a notice of failure to pay under section 14, the owner may notify the Registrar of Motor Vehicles of the failure to pay. 2001, c. 23, Sched. B, s. 20 (1).
Method of giving notice
(2) Any notice to the Registrar of Motor Vehicles under this section may be given in writing, by direct electronic transmission or by any other prescribed method. 2001, c. 23, Sched. B, s. 20 (2).
Notification
(3) The owner shall promptly inform the person who received notice of failure to pay under section 14 that notice has been given to the Registrar of Motor Vehicles under subsection (1). 2001, c. 23, Sched. B, s. 20 (3).
Registrar’s action
(4) If the Registrar of Motor Vehicles receives notice under subsection (1), he or she shall, at the next opportunity, refuse to validate the vehicle permit issued to the person who received the notice of failure to pay under section 14 and refuse to issue a vehicle permit to that person. 2001, c. 23, Sched. B, s. 20 (4).
Same, if dispute
(5) The Registrar of Motor Vehicles may act under subsection (4) even though the person who received the notice of failure to pay under section 14 has disputed his or her obligation to pay under section 15 or has appealed a decision of the owner under section 17. 2001, c. 23, Sched. B, s. 20 (5).
When toll is paid
(6) If notice has been given to the Registrar of Motor Vehicles under subsection (1) and the toll and related fees and interest are subsequently paid, the owner shall immediately notify the Registrar of the payment. 2001, c. 23, Sched. B, s. 20 (6).
Same
(7) If the Registrar of Motor Vehicles is notified by the owner that the toll, fees and interest have been paid or is notified by the dispute arbitrator that the person is not responsible for paying the toll, fees and interest, the Registrar shall,
(a) validate any vehicle permit that he or she refused to validate under subsection (4);
(b) issue a vehicle permit to a person if it was refused under subsection (4). 2001, c. 23, Sched. B, s. 20 (7).
Statutory Powers Procedure Act
21. The Statutory Powers Procedure Act does not apply to the owner’s or a dispute arbitrator’s powers of decision under section 15 or 17. 2001, c. 23, Sched. B, s. 21.
Documents
22. (1) Any document or notification required or permitted to be sent under section 14, 15, 17 or 20 shall be sent by registered mail or delivered by a bonded courier, or sent by any other prescribed method. 2001, c. 23, Sched. B, s. 22 (1).
Deemed receipt
(2) A document referred to in subsection (1) shall be deemed to have been received,
(a) if sent by registered mail, on the fifth business day after the day it was mailed; or
(b) if sent by a prescribed method, on a prescribed day. 2001, c. 23, Sched. B, s. 22 (2).
Business day
(3) For the purposes of clause (2) (a), a business day includes every day other than a Saturday, Sunday or a day that is a public holiday as defined in the Employment Standards Act, 2000. 2001, c. 23, Sched. B, s. 22 (3).
Other remedies
23. Actions taken by the owner under sections 14 to 20 are in addition to any other methods of enforcement and collection available at law. 2001, c. 23, Sched. B, s. 23.
Assignment of agreements
24. The Minister may, to the extent that they are assignable, assign to the owner any rights the Minister has pursuant to any agreement with a government of another jurisdiction or with a person or agency in another jurisdiction relating to the collection or enforcement of tolls. 2001, c. 23, Sched. B, s. 24.
“Highway”, ss. 27-41
25. For the purposes of sections 27 to 41,
“highway” has the same meaning as in the Public Transportation and Highway Improvement Act. 2001, c. 23, Sched. B, s. 25.
Owner to manage
26. The owner shall manage the Highway 407 East Completion in accordance with this Act. 2001, c. 23, Sched. B, s. 26.
Intersecting highways
27. (1) Where the Highway 407 East Completion intersects any highway that is not part of the King’s Highway, the continuation of the Highway 407 East Completion to its full width across the highway so intersected shall be deemed to be the Highway 407 East Completion and to be under the jurisdiction and control of the owner. 2001, c. 23, Sched. B, s. 27 (1).
Crossing highways
(2) Despite subsection (1), where a highway is carried over or under the Highway 407 East Completion by a bridge or other structure, the surface of the highway shall be deemed to be under the jurisdiction and control of the authority that has jurisdiction and control over the remainder of the highway. 2001, c. 23, Sched. B, s. 27 (2).
Same
(3) Where a highway is carried over or under the Highway 407 East Completion by a bridge or other structure, responsibility for the management of the highway and the Highway 407 East Completion shall be governed by the same directives used by the Ministry of Transportation where the King’s Highway intersects a highway that is not the King’s Highway and,
(a) the owner shall abide by the directives as if it were the Ministry of Transportation; and
(b) the authority that has jurisdiction and control over the remainder of the highway shall abide by the directives as if the Highway 407 East Completion were a part of the King’s Highway. 2001, c. 23, Sched. B, s. 27 (3).
Intersecting King’s Highways
28. (1) Where the Highway 407 East Completion intersects any part of the King’s Highway, the continuation of the King’s Highway to its full width across the Highway 407 East Completion shall be under the jurisdiction and control of the Minister. 2001, c. 23, Sched. B, s. 28 (1).
Bridge
(2) Where a King’s Highway is carried over or under the Highway 407 East Completion by a bridge or other structure, the bridge or other structure is part of the Highway 407 East Completion. 2001, c. 23, Sched. B, s. 28 (2).
Directives
(3) The responsibility for the maintenance, repair and rehabilitation of the King’s Highway and the Highway 407 East Completion shall be governed by the directives referred to in subsection 27 (3), and,
(a) the Highway 407 East Completion shall be treated as if it were a part of the King’s Highway and the owner shall conduct itself as if it were the Ministry of Transportation; and
(b) the intersecting part of the King’s Highway shall be treated as if it were a highway that is not the King’s Highway and the Ministry of Transportation shall conduct itself as if it were an authority with jurisdiction and control over a highway that is not the King’s Highway. 2001, c. 23, Sched. B, s. 28 (3).
Intersecting roads, relocation for owner, closure by municipality
Relocation of road
29. (1) The owner may refer the matter to the Minister where the owner is unable to obtain the consent of the authority or person having jurisdiction and control over a road to relocate, alter or divert any public or private road that is not the King’s Highway entering or touching upon or giving access to the Highway 407 East Completion. 2001, c. 23, Sched. B, s. 29 (1).
Authorization
(2) Where the Minister is satisfied that the relocation, alteration or diversion proposed by the owner under subsection (1) is necessary for the management of the Highway 407 East Completion, the Minister may authorize the owner to undertake the proposed action. 2001, c. 23, Sched. B, s. 29 (2).
Payment of costs
(3) The owner shall negotiate the payment of reasonable costs of the relocation, alteration or diversion of the road with the authority or person having control over the road, and if the parties cannot agree on the reasonable costs to be paid, the matter shall be referred to binding arbitration under the Arbitration Act, 1991, or such other method of arbitration as the parties may agree. 2001, c. 23, Sched. B, s. 29 (3).
During repair road deemed to be highway
(4) During the period when the changes are being made, that portion of the road being relocated, altered or diverted shall be deemed to be part of the Highway 407 East Completion for purposes of section 42. 2001, c. 23, Sched. B, s. 29 (4).
Closure, etc., by municipality
(5) A municipality shall not open, close or divert any highway or road allowance entering upon or intersecting the Highway 407 East Completion without giving written notice to the owner. 2001, c. 23, Sched. B, s. 29 (5).
By-laws re closure
(6) A by-law passed for any purposes mentioned in subsection (5) does not take effect until the Minister endorses his or her consent on the by-law and the by-law is registered in the proper land registry office. 2001, c. 23, Sched. B, s. 29 (6).
Exception
(7) Subsections (5) and (6) do not apply where the highway or road allowance is closed for a specified period of time not exceeding 72 hours and the municipality has provided an adequate detour. 2001, c. 23, Sched. B, s. 29 (7).
Consent not regulation
(8) A consent under subsection (6) is not a regulation within the meaning of the Regulations Act. 2001, c. 23, Sched. B, s. 29 (8).
Note: On the later of a) October 19, 2007 or an earlier day to be named by proclamation of the Lieutenant Governor and b) the day the Statutes of Ontario, 2001, chapter 23, Schedule B, subsection 29 (8) comes into force, subsection (8) is amended by the Statutes of Ontario, 2006, chapter 21, Schedule F, subsection 114 (2) by striking out “the Regulations Act” at the end and substituting “Part III (Regulations) of the Legislation Act, 2006”. See: 2006, c. 21, Sched. F, ss. 114 (2), 143 (3).
Drainage
30. (1) The owner may initiate and carry out proceedings under any Act respecting drainage for the purpose of procuring proper drainage for the Highway 407 East Completion and the owner has the authority to file notices and declarations as owner with the clerk of the local municipalities, or receive notices where any other person is the initiating party, in accordance with the procedure prescribed in the Act, but no storm or land drainage works shall be constructed on the Highway 407 East Completion under any Act without the consent of the owner. 2001, c. 23, Sched. B, s. 30 (1).
Drainage engineer
(2) The owner may from time to time designate one or more engineers to be the engineer or engineers authorized to carry out the provisions of any Act respecting drainage for the purpose of procuring proper drainage for the Highway 407 East Completion and every engineer so designated has for that purpose all the powers and shall perform all the duties on behalf of the owner required of an engineer appointed by a municipality. 2001, c. 23, Sched. B, s. 30 (2).
Authorization required
(3) Despite subsections (1) and (2), the owner shall not exercise any of its powers or withhold its consent without the agreement of the affected party or the authorization of the Minister. 2001, c. 23, Sched. B, s. 30 (3).
Highway closure
31. (1) The owner may close part of the Highway 407 East Completion to traffic in order to do work on the Highway 407 East Completion for such time as is necessary to do the work but in all cases the owner shall keep the Highway 407 East Completion open to traffic travelling in both directions at all times, except as provided in any other Act or regulation. 2001, c. 23, Sched. B, s. 31 (1).
Approval of Minister
(2) If the owner plans to close a part of the Highway 407 East Completion for more than 72 hours, the owner shall give the Minister at least 30 days written notice and shall not commence the closure without the approval of the Minister. 2001, c. 23, Sched. B, s. 31 (2).
No liability
(3) Every person using any part of the Highway 407 East Completion which is closed to traffic in accordance with this section does so at the person’s own risk and the owner is not liable for any damage sustained by a person using any part of the Highway 407 East Completion which is closed to traffic. 2001, c. 23, Sched. B, s. 31 (3).
Offence
(4) Every person who, without the consent of the owner or other lawful authority,
(a) uses any part of the Highway 407 East Completion which is closed to traffic under this section is guilty of an offence and on conviction is liable to a fine of not more than $200 or such greater amount as may be prescribed;
(b) defaces any barricade, light, detour sign or notice relating to a closure to traffic under this section that is placed on the Highway 407 East Completion by the owner or other lawful authority is guilty of an offence and on conviction is liable to a fine of not more than $200 or such greater amount as may be prescribed;
(c) removes any barricade, light, detour sign or notice relating to a closure to traffic under this section that is placed on the Highway 407 East Completion by the owner or other lawful authority is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $500, or such greater amount as may be prescribed. 2001, c. 23, Sched. B, s. 31 (4).
Power to enter on land, etc.
32. (1) Where the owner, for the management of the Highway 407 East Completion, needs to,
(a) enter upon and use any land;
(b) alter in any manner any natural or artificial feature of the land;
(c) construct and use roads on, to or from the land; or
(d) place upon or remove from the land any substance or structure,
and the owner is unable to obtain the consent of the landowner within a reasonable time and on reasonable terms, the owner may refer the matter to the Minister. 2001, c. 23, Sched. B, s. 32 (1).
Authorization by Minister
(2) Where the Minister is satisfied that the actions proposed by the owner under subsection (1) are necessary for the management of the Highway 407 East Completion, the Minister may authorize the owner to do anything that the Minister would be permitted to do under section 6 of the Public Transportation and Highway Improvement Act. 2001, c. 23, Sched. B, s. 32 (2).
Costs
(3) The owner shall compensate the landowner for any damage resulting from the actions of the owner under subsection (2). 2001, c. 23, Sched. B, s. 32 (3).
Removal of obstructions
33. (1) With the consent of the landowner or, where no consent is given, with the authorization of the Minister, the owner may enter on land adjacent to the Highway 407 East Completion and cut down or remove any object or take any other reasonable action in order to remove obstructions or to prevent the drifting of snow where, in the opinion of the owner, to do so is necessary for the safety or convenience of the travelling public. 2001, c. 23, Sched. B, s. 33 (1).
Snow fences
(2) With the consent of the landowner, or, where no consent is given, with the authorization of the Minister, the owner may enter upon any land adjacent to the Highway 407 East Completion and may erect and maintain snow fences on the land. 2001, c. 23, Sched. B, s. 33 (2).
Compensation
(3) The owner shall compensate the landowner for any damage resulting from the exercise of its powers under this section. 2001, c. 23, Sched. B, s. 33 (3).
Control of Highway 407 East Completion lands
34. (1) The owner shall control the use of the Highway 407 East Completion lands in accordance with the policies of the Ministry of Transportation for controlled-access highways as established from time to time, subject to any agreement entered into by the owner and the Minister, SuperBuild or any other ministry. 2001, c. 23, Sched. B, s. 34 (1).
Same
(2) Despite subsection (1), the Minister may use the Highway 407 East Completion lands to manage,
(a) transitways;
(b) areas used by the Ministry of Transportation to conduct vehicle and weight inspections; and
(c) any objects and structures for highway or transportation purposes. 2001, c. 23, Sched. B, s. 34 (2).
Application of Public Transportation and Highway Improvement Act
(3) The Minister shall control the use of the lands adjacent to the Highway 407 East Completion lands, and section 38 of the Public Transportation and Highway Improvement Act applies to the adjacent lands. 2001, c. 23, Sched. B, s. 34 (3).
Interference with Highway 407 East Completion
(4) Despite any other Act or regulation, no person, municipality or local board shall, except in accordance with conditions set by the owner under subsection (1),
(a) obstruct or deposit material on, along, under or across the Highway 407 East Completion or take up or in any way interfere with the Highway 407 East Completion; or
(b) construct or change the use of any private road, entranceway, gate or other structure or facility as a means of access to the Highway 407 East Completion, other than a controlled-access highway. 2001, c. 23, Sched. B, s. 34 (4).
Offence
(5) Every person who contravenes subsection (4) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000, or such greater amount as may be prescribed. 2001, c. 23, Sched. B, s. 34 (5).
Construction zone
35. The owner may designate any part of the Highway 407 East Completion as a construction zone and for the purposes of subsections 128 (8), (9) and (10) of the Highway Traffic Act and the regulations made under that Act concerning construction zones, the Highway 407 East Completion shall be deemed to be part of the King’s Highway, and the owner to be an official of the Ministry of Transportation authorized by the Minister in writing. 2001, c. 23, Sched. B, s. 35.
Safety standards
36. (1) The owner shall carry out the management of the Highway 407 East Completion in compliance with the ministry safety standards used by the Ministry of Transportation for comparable controlled-access highways. 2001, c. 23, Sched. B, s. 36 (1).
Equal application of standards
(2) The ministry safety standards shall be applied to the Highway 407 East Completion in the same manner as they are applied to any part of the King’s Highway that is designated as a controlled-access highway and in no case shall the owner be required,
(a) to follow a standard that is more onerous than the safety standard that applies to other comparable controlled-access highways; or
(b) to apply a safety standard in a manner that is more onerous than the manner in which it is applied to other comparable highways that are designated as controlled-access highways. 2001, c. 23, Sched. B, s. 36 (2).
Other standards
(3) Despite subsection (1), with the approval of the Minister, the owner may use safety standards other than ministry safety standards in carrying out its functions, activities and responsibilities with respect to the Highway 407 East Completion if, in the opinion of the Minister, the proposed standard provides equivalent safety protection to the ministry safety standard. 2001, c. 23, Sched. B, s. 36 (3).
Inspection
“record” means any record of information, however recorded. 2001, c. 23, Sched. B, s. 37 (1).
Authorization of officials
(2) The Minister may authorize such officials as he or she considers appropriate for the purposes of inspecting the Highway 407 East Completion and carrying out an audit to ensure compliance with ministry safety standards. 2001, c. 23, Sched. B, s. 37 (2).
Powers
(3) For the purposes of carrying out his or her duties and powers under subsection (2), an official may,
(a) enter upon the Highway 407 East Completion and the area immediately around it at any time without a warrant;
(b) take up or use any machine, device, article, thing, material or biological, chemical or physical agent or part thereof;
(c) in any inspection, examination, inquiry or test, be accompanied and assisted by or take with him or her any person or persons having special, expert or professional knowledge of any matter, take photographs, and take with him or her and use any equipment or materials required for such purpose;
(d) conduct or take tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent, and for such purposes, take and carry away such samples as may be necessary;
(e) require in writing the owner to cause any tests described in clause (d) to be conducted or taken, at the expense of the owner, by a person possessing such special, expert or professional knowledge or qualifications as are specified by the official, and to provide a report or assessment by that person. 2001, c. 23, Sched. B, s. 37 (3).
Same
(4) For the purposes of carrying out his or her duties and powers under subsection (2), an official may, without a warrant but with the consent and subject to the direction of the Minister,
(a) enter the offices of the owner, at any reasonable time;
(b) enter any place, other than a dwelling, at any reasonable time, if the official reasonably believes that it is likely to contain records relating to compliance by the owner with ministry safety standards;
(c) require the production of any record, and inspect, examine and copy the same; and
(d) upon giving a receipt, remove any record inspected or examined for the purpose of making copies or extracts, and upon making copies or extracts, shall promptly return the original record to the person who produced or furnished it. 2001, c. 23, Sched. B, s. 37 (4).
Facilitation of inspection
(5) The owner shall facilitate an entry, inspection, examination, inquiry or test by an official acting under this section. 2001, c. 23, Sched. B, s. 37 (5).
Where no facilitation
(6) Where the owner fails to facilitate an official’s entry, inspection, examination, inquiry or test, the Minister may authorize whatever steps are necessary, other than the use of force, to ensure that the official is able to exercise his or her powers in a safe and prompt manner. 2001, c. 23, Sched. B, s. 37 (6).
Contravention
(7) An official who finds a contravention of any ministry safety standards with respect to the Highway 407 East Completion shall notify the owner in writing of the contravention and the owner shall comply. 2001, c. 23, Sched. B, s. 37 (7).
Confidentiality
(8) Every official acting under this section shall preserve confidentiality with respect to all matters that come to his or her knowledge in the course of so acting, and shall not communicate any such matters to any other person except as may be required in connection with the administration of this Act, with the consent of the owner or as otherwise required by law. 2001, c. 23, Sched. B, s. 37 (8).
Ministry of Transportation undertakes work
38. (1) Where the owner has failed to comply with ministry safety standards or the Minister and the owner cannot reach an agreement regarding the interpretation or application of a ministry safety standard, the Ministry of Transportation may undertake any work required to ensure compliance with ministry safety standards. 2001, c. 23, Sched. B, s. 38 (1).
Costs
(2) To the extent that any work done pursuant to subsection (1) is necessary to comply with ministry safety standards, the cost of the work, plus a reasonable administration fee, shall be paid by the owner. 2001, c. 23, Sched. B, s. 38 (2).
Higher standard
39. (1) Despite section 36, if the Minister is of the opinion that the management of all or part of the Highway 407 East Completion should meet a higher standard than ministry safety standards, the Minister may enter into an agreement with the owner whereby the owner agrees to undertake the additional work necessary to meet the higher standard. 2001, c. 23, Sched. B, s. 39 (1).
Where no agreement
(2) Failing an agreement under subsection (1), the Ministry of Transportation may undertake all or part of the work required to meet ministry safety standards and to meet the higher standard and, if it does so, the costs of undertaking the work shall be paid as follows:
1. To the extent that the work done is necessary to comply with ministry safety standards, the owner shall pay the costs of undertaking the work.
2. To the extent that the work done is necessary to comply with the higher standard, the Ministry of Transportation shall pay the costs of undertaking the work. 2001, c. 23, Sched. B, s. 39 (2).
Same
(3) For the purposes of subsection (2), the costs that the Ministry of Transportation must pay shall include any loss of revenue that is directly related to the work required to meet the higher standard. 2001, c. 23, Sched. B, s. 39 (3).
Vehicle safety
40. (1) For the purpose of enforcing vehicle licensing and safety standards under any Act, the Minister shall treat the Highway 407 East Completion as if it were part of the King’s Highway. 2001, c. 23, Sched. B, s. 40 (1).
Costs
(2) The Minister may charge the owner the reasonable costs of providing enforcement services under subsection (1) on a full cost recovery basis. 2001, c. 23, Sched. B, s. 40 (2).
Immunity
41. (1) No action or other proceeding shall be instituted respecting any act done in good faith in the execution or intended execution of a person’s duties under sections 37 to 40 or for any alleged neglect or default in the execution or performance in good faith of the person’s duties or powers if the person is an employee of the Ministry of Transportation or if the person acts as an agent of or advisor to the Ministry of Transportation. 2001, c. 23, Sched. B, s. 41 (1).
Crown liability
(2) Subsection (1) does not by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act relieve the Crown of any liability in respect of a tort committed by an employee of the Ministry of Transportation or a person who acts as an agent of or advisor to the Ministry of Transportation, to which it would otherwise be subject, and the Crown is liable under that Act for such a tort as if subsection (1) had not been enacted. 2001, c. 23, Sched. B, s. 41 (2).
Liability for maintenance and repair
42. (1) The owner shall maintain the Highway 407 East Completion and keep it in repair and any municipality in which any part of the Highway 407 East Completion is situate is relieved of any liability for maintaining and repairing the Highway 407 East Completion. 2001, c. 23, Sched. B, s. 42 (1).
Exception
(2) Subsection (1) does not apply to any sidewalk or municipal undertaking or work constructed or in the course of construction by a municipality and the municipality is liable for want of repair for the sidewalk, municipal undertaking or work, whether the want of repair is the result of nonfeasance or misfeasance, in the same manner and to the same extent as in the case of any other like work constructed by the municipality. 2001, c. 23, Sched. B, s. 42 (2).
Non-application of the Occupiers’ Liability Act
(3) The Occupiers’ Liability Act does not apply to the owner where it is the occupier, within the meaning of that Act, of the Highway 407 East Completion. 2001, c. 23, Sched. B, s. 42 (3).
Liability for damage in case of default
(4) In the case of default by the owner to keep the Highway 407 East Completion in repair, the owner is liable for damage sustained by any person by reason of the default. 2001, c. 23, Sched. B, s. 42 (4).
Insufficiency of walls, etc.
(5) No action shall be brought against the owner for the recovery of damages caused by the presence or absence or insufficiency of any wall, fence, guard rail, or barrier adjacent to or in, along or upon the Highway 407 East Completion or caused by or on account of any construction, obstruction or erection or any situation, arrangement or disposition of any earth, rock, tree or other material or thing adjacent to or in, along or upon that part of the Highway 407 East Completion that is not designed or intended for use by vehicular traffic. 2001, c. 23, Sched. B, s. 42 (5).
Notice of claim
(6) No action shall be brought for the recovery of damages under subsection (4) unless notice in writing of the claim and of the injury complained of has been personally served upon or sent by registered letter to the owner within the time period that applies to the King’s Highway for a notice of claim against the Crown in right of Ontario, but the failure to give or the insufficiency of the notice is not a bar to the action if the judge before whom the action is tried is of the opinion that there is reasonable excuse for the want or insufficiency of the notice and that the owner is not prejudiced in its defence. 2001, c. 23, Sched. B, s. 42 (6).
Limitation of action
(7) No action shall be brought against the owner for the recovery of damages occasioned by the default mentioned in subsection (4), whether the want of repair was the result of nonfeasance or misfeasance, after the expiration of the time period that applies to the King’s Highway for bringing an action against the Crown in right of Ontario. 2001, c. 23, Sched. B, s. 42 (7).
Liability not to exceed that of a municipality
(8) The liability imposed by this section does not impose on the owner any liability greater than the liability of a municipality with respect to a highway under its jurisdiction and control. 2001, c. 23, Sched. B, s. 42 (8).
No Crown duty
(9) Despite any other Act or regulation, the Crown in right of Ontario, the Minister, any other minister of the Crown, SuperBuild or any other ministry shall not have any duty to maintain or keep the Highway 407 East Completion in repair. 2001, c. 23, Sched. B, s. 42 (9).
Action barred
(10) No action or proceeding of any kind shall be commenced against the Crown in right of Ontario, the Minister, any other minister of the Crown, SuperBuild or any other ministry, or any employee, officer, director or agent of the Crown in right of Ontario, the Minister, any other minister of the Crown, SuperBuild or any other ministry in respect of any loss or damage sustained by any person as a result of anything done or omitted to be done by any person, other than anything done or omitted to be done by the Crown in right of Ontario after the coming into force of this section, in connection with the management of the Highway 407 East Completion. 2001, c. 23, Sched. B, s. 42 (10).
Expropriation
43. (1) The Minister may, without the consent of the landowner, expropriate any land he or she considers necessary for the purpose of expanding, extending or completing the Highway 407 East Completion. 2001, c. 23, Sched. B, s. 43 (1).
Expropriations Act
(2) For the purposes of the Expropriations Act, the Minister shall be deemed to be the approving authority with respect to any expropriation authorized by this section. 2001, c. 23, Sched. B, s. 43 (2).
Public interest
(3) Any expropriation for the purposes of the Highway 407 East Completion shall be deemed to be in and for the public interest and benefit. 2001, c. 23, Sched. B, s. 43 (3).
Expansion and extension
44. (1) The owner shall expand and extend the Highway 407 East Completion in accordance with the terms and conditions set out in an agreement to be entered into between the owner and the Minister. 2001, c. 23, Sched. B, s. 44 (1).
Failure to comply
(2) Where the owner does not expand or extend the Highway 407 East Completion in accordance with the terms and conditions set out in the agreement, the Minister may carry out the expansion or extension, and the costs of the expansion or extension shall be determined and paid in accordance with the terms and conditions of the agreement. 2001, c. 23, Sched. B, s. 44 (2).
Approvals and agreements
“approval” includes any approval, certificate of approval, registration, licence, permit, exemption order, or declaratory order conferred under statute, by agreement or otherwise. 2001, c. 23, Sched. B, s. 45 (1).
Agreement
(2) The Minister may confer upon the owner any agreements between the Minister or the Ministry of Transportation and any other ministries that are not specific to the Highway 407 East Completion, subject to such limitations as the Minister may impose. 2001, c. 23, Sched. B, s. 45 (2).
Owner’s rights
(3) The owner shall possess all the responsibilities, obligations, duties, powers, benefits and advantages under the agreements conferred pursuant to subsection (2). 2001, c. 23, Sched. B, s. 45 (3).
Amendment or revocation
(4) Where this section confers an agreement on the owner, any amendments or revocations of the agreement shall also apply to the owner. 2001, c. 23, Sched. B, s. 45 (4).
Owner to obtain approvals
(5) Unless otherwise provided under this Act or the regulations under this Act, the owner shall obtain any approvals required by any Act or regulation that are necessary for any purpose connected with the Highway 407 East Completion. 2001, c. 23, Sched. B, s. 45 (5).
Environmental Assessment Act
46. (1) The Highway 407 East Completion shall be deemed to be an undertaking as defined in the Environmental Assessment Act and, for the purposes of management of that undertaking, the owner shall be deemed to be a public body to which the Environmental Assessment Act applies. 2001, c. 23, Sched. B, s. 46 (1).
Same
(2) Despite subsection (1), the Ministry of Transportation may elect to be a proponent or co-proponent of any part of the undertaking. 2001, c. 23, Sched. B, s. 46 (2).
Compliance with environmental standards
(3) The owner shall comply with any environmental assessment standards and any environmental management standards that are applicable to highways in Ontario. 2001, c. 23, Sched. B, s. 46 (3).
Road authority
47. When acting for the Highway 407 East Completion purposes on the Highway 407 East Completion lands, the owner shall be deemed to be a road authority for the purposes of Regulation 339 of the Revised Regulations of Ontario, 1990, if the owner has entered into an agreement with the Minister of the Environment. 2001, c. 23, Sched. B, s. 47.
Aggregate Resources Act
48. The owner shall be deemed to be a public authority under the Aggregate Resources Act for the purpose of applying for a wayside permit under Part III of that Act, if the use of the pit or quarry is only for the Highway 407 East Completion purposes within the Highway 407 East Completion lands. 2001, c. 23, Sched. B, s. 48.
Building Code Act, 1992
“building”, “building code”, “construction” and “demolition” have the same meanings as in the Building Code Act, 1992. 2001, c. 23, Sched. B, s. 49 (1).
Non-application
(2) The Building Code Act, 1992 does not apply to buildings located within the Highway 407 East Completion lands that are owned by the owner and used or to be used for the management of the Highway 407 East Completion. 2001, c. 23, Sched. B, s. 49 (2).
Application
(3) Despite subsection (2), any person carrying out or causing to be carried out the following activities in respect of the buildings described in subsection (2) shall carry out those activities in compliance with the building code:
1. Any construction or demolition of buildings.
2. Any change in use of a building or part of a building that would result in an increase in hazard as determined under the building code, even if no construction is proposed. 2001, c. 23, Sched. B, s. 49 (3).
Conservation Authorities Act
50. The Lieutenant Governor in Council may provide by regulation that a regulation made under section 28 of the Conservation Authorities Act does not apply to the owner with respect to management of the Highway 407 East Completion on the Highway 407 East Completion lands. 2001, c. 23, Sched. B, s. 50.
Emergency Plans Act
51. (1) For the purposes of the Emergency Plans Act, the Minister may include the Highway 407 East Completion in developing an emergency plan for highway and other transportation services and the Highway 407 East Completion may be incorporated into the plan and be used in the case of an emergency as if it were part of the King’s Highway and not a private toll highway. 2001, c. 23, Sched. B, s. 51 (1).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 16 (1) by striking out “Emergency Plans Act” and substituting “Emergency Management Act”. See: 2002, c. 18, Sched. N, ss. 16 (1), 72 (2).
Same
(2) The Minister may require the owner to prepare and file with the Minister any emergency plans that the Minister considers necessary. 2001, c. 23, Sched. B, s. 51 (2).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 16 (2) and the following substituted:
Same
(2) The Minister may require the owner to prepare and file with the Minister any emergency management program and emergency plans that the Minister considers necessary.
See: 2002, c. 18, Sched. N, ss. 16 (2), 72 (2).
Implementation
(3) The Minister may direct the owner to implement an emergency plan under subsection (1) or (2) with any changes that the Minister considers necessary and the owner shall comply with such direction. 2001, c. 23, Sched. B, s. 51 (3).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is repealed by the Statutes of Ontario, 2002, chapter 18, Schedule N, subsection 16 (2) and the following substituted:
Implementation
(3) The Minister may direct the owner to implement an emergency management program and emergency plan under subsection (1) or (2) with any changes that the Minister considers necessary and the owner shall comply with such direction.
See: 2002, c. 18, Sched. N, ss. 16 (2), 72 (2).
If no compliance
(4) If the owner does not comply with a direction under subsection (3), the Minister may carry out the direction. 2001, c. 23, Sched. B, s. 51 (4).
Debt
(5) The reasonable costs of implementing a direction under subsection (4) may be recovered as a debt due to Her Majesty. 2001, c. 23, Sched. B, s. 51 (5).
Freedom of information
“entity” means the government of a province of Canada or a state of the United States of America; (“entité”)
“personal information” means information that is personal information for the purposes of the Freedom of Information and Protection of Privacy Act. (“renseignements personnels”) 2001, c. 23, Sched. B, s. 52 (1).
Collection of personal information by owner
(2) Despite any other Act or regulation, the owner may,
(a) collect, only for a purpose described in subsection (4), personal information in any manner from the Ministry of Transportation or any entity;
(b) use, only for a purpose described in subsection (4), personal information that was collected from the Ministry of Transportation or any entity;
(c) disclose, only for a purpose described in subsection (4), personal information that was collected from the Ministry of Transportation or any entity. 2001, c. 23, Sched. B, s. 52 (2).
Collection of personal information by Ministry of Transportation
(3) Despite any other Act or regulation, the Ministry of Transportation may,
(a) collect personal information in any manner from the owner or any person or entity for a purpose described in subsection (4);
(b) use, for a purpose described in subsection (4), personal information that is in its custody or under its control;
(c) disclose the names and addresses of persons who owe tolls, fees and other charges that are in its custody or under its control or other prescribed personal information to the owner or any person or entity for a purpose described in subsection (4). 2001, c. 23, Sched. B, s. 52 (3).
Purposes
(4) The following are the purposes referred to in subsections (2) and (3):
1. To assist the owner in the collection and enforcement of tolls, fees and other charges owing with respect to the Highway 407 East Completion.
2. To assist the owner in traffic planning and revenue management with respect to the Highway 407 East Completion.
3. To assist the owner in communicating with users of the Highway 407 East Completion for the purpose of promoting the use of the Highway 407 East Completion.
4. To assist an entity with whom the owner or the Ministry of Transportation has an agreement relating to the collection and enforcement of tolls. 2001, c. 23, Sched. B, s. 52 (4).
Agreement required
(5) Despite any other Act or regulation, the Minister shall, as a condition for the disclosure of personal information pursuant to subsection (3), require the owner to enter into a written agreement that, in the opinion of the Minister, will protect the confidentiality of the personal information and prohibit the use of the personal information for any purpose not referred to in subsection (4). 2001, c. 23, Sched. B, s. 52 (5).
Other requirements
(6) In addition to the condition required by subsection (5), the Minister may impose any other conditions that he or she considers appropriate. 2001, c. 23, Sched. B, s. 52 (6).
Confidentiality protected
(7) The owner and any other person who collects personal information from the Ministry of Transportation shall ensure that all reasonable steps are taken to protect the confidentiality of that personal information, including protecting its confidentiality during its storage, transportation, handling and destruction. 2001, c. 23, Sched. B, s. 52 (7).
Use of information
(8) For the purposes of the Freedom of Information and Protection of Privacy Act, personal information in the custody or under the control of the Ministry of Transportation may be used by the Ministry of Transportation for the purposes described in subsection (4) and that use shall be deemed to be for a purpose that is consistent with the purpose for which the personal information was obtained or compiled. 2001, c. 23, Sched. B, s. 52 (8).
Purpose of disclosure
(9) For the purposes of the Freedom of Information and Protection of Privacy Act, personal information disclosed by the Ministry of Transportation for a purpose described in subsection (4) shall be deemed to have been disclosed for the purpose of complying with this section. 2001, c. 23, Sched. B, s. 52 (9).
Notice not required
(10) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply with respect to the collection of personal information authorized by subsections (2) and (3). 2001, c. 23, Sched. B, s. 52 (10).
Retention of information
(11) Personal information collected under clause (2) (a) and used by the owner shall be retained by it for at least 65 days unless the individual to whom the information related consents in writing to its earlier disposal. 2001, c. 23, Sched. B, s. 52 (11).
Offence
(12) A person who knowingly uses or discloses, for a purpose other than a purpose described in subsection (4), personal information that was disclosed to the person by the Ministry of Transportation under this section is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or such greater amount as may be prescribed. 2001, c. 23, Sched. B, s. 52 (12).
Highway Traffic Act – tow truck services
53. For the purposes of section 171 of the Highway Traffic Act, the Highway 407 East Completion shall be deemed to be part of the King’s Highway. 2001, c. 23, Sched. B, s. 53.
Highway Traffic Act – application of miscellaneous regulations
54. (1) For the purposes of regulations made by the Minister under subsections 123 (1), 128 (7) and 151 (2) of the Highway Traffic Act, the Highway 407 East Completion shall be deemed to be part of the King’s Highway. 2001, c. 23, Sched. B, s. 54 (1).
Other regulations
(2) In addition to those regulations referred to in subsection (1), the Lieutenant Governor in Council may make regulations designating regulations under the Highway Traffic Act that apply, with necessary modifications, to the Highway 407 East Completion and providing that, for the purposes of those regulations, the Highway 407 East Completion shall be deemed to be part of the King’s Highway. 2001, c. 23, Sched. B, s. 54 (2).
Motorized Snow Vehicles Act
55. For the purposes of section 5 of the Motorized Snow Vehicles Act and any regulations made under that section, the Highway 407 East Completion shall be deemed to be part of the King’s Highway, and to have been designated as a controlled-access highway under section 36 of the Public Transportation and Highway Improvement Act. 2001, c. 23, Sched. B, s. 55.
Off-Road Vehicles Act
56. (1) For the purposes of the Off-Road Vehicles Act, the Highway 407 East Completion is a highway, and shall be deemed to be part of the King’s Highway for purposes of regulations made under that Act. 2001, c. 23, Sched. B, s. 56 (1).
Transition
(2) Regulation 863 of the Revised Regulations of Ontario, 1990 continues to apply to the Highway 407 East Completion, unless repealed, or amended to provide otherwise. 2001, c. 23, Sched. B, s. 56 (2).
Police Services Act
57. (1) For the purposes of paragraph 3 of subsection 19 (1) of the Police Services Act, the Highway 407 East Completion shall be deemed to be part of the King’s Highway. 2001, c. 23, Sched. B, s. 57 (1).
Cost of policing
(2) The Ontario Provincial Police may, with the approval of the Solicitor General, charge the owner the reasonable costs of providing services under paragraph 3 of subsection 19 (1) of the Police Services Act on a full cost recovery basis. 2001, c. 23, Sched. B, s. 57 (2).
Agreement
(3) The Solicitor General may enter into an agreement with the owner for the provision of services under paragraph 3 of subsection 19 (1) of the Police Services Act on the Highway 407 East Completion. 2001, c. 23, Sched. B, s. 57 (3).
Payable into Consolidated Revenue Fund
(4) All money received by the Ontario Provincial Police by way of charges imposed under subsection (2) or by the Solicitor General under an agreement entered into under subsection (3) shall be paid into the Consolidated Revenue Fund. 2001, c. 23, Sched. B, s. 57 (4).
Debt
(5) All amounts owing as charges under subsection (2) or pursuant to an agreement under subsection (3), if not collected by other means, may be recovered by a court action, with costs, as a debt due to Her Majesty. 2001, c. 23, Sched. B, s. 57 (5).
Public Utilities Act
58. For the purposes of sections 4 and 22 of the Public Utilities Act, the Highway 407 East Completion shall be deemed to be a highway. 2001, c. 23, Sched. B, s. 58.
Note: On the day section 58 comes into force, section 58 is repealed by the Statutes of Ontario, 2002, chapter 17, Schedule C, subsection 13 (1) and the following substituted:
Application of other Acts
58. Highway 407 East Completion shall be deemed to be a highway and the owner of Highway 407 East Completion shall be deemed to be the owner for the purposes of section 78 of the Municipal Act, 2001. 2002, c. 17, Sched. C, s. 13 (1).
See: 2002, c. 17, Sched. C, ss. 13 (1), 13 (2).
Note: On the day the Statutes of Ontario, 2002, chapter 17, Schedule C, subsection 13 (1) comes into force, section 58 is amended by the Statutes of Ontario, 2006, chapter 19, Schedule T, section 3 by adding the following subsection:
Electricity transmitters and distributors
(2) For the purposes of section 41 of the Electricity Act, 1998, Highway 407 East Completion shall be deemed to be a public highway. 2006, c. 19, Sched. T, s. 3.
See: 2006, c. 19, Sched. T, ss. 3, 19 (3).
Public Service Works on Highways Act
59. (1) For the purposes of the Public Service Works on Highways Act, the Highway 407 East Completion shall be deemed to be a highway. 2001, c. 23, Sched. B, s. 59 (1).
Same
(2) For the purposes of the Public Service Works on Highways Act, the owner is the road authority for the Highway 407 East Completion. 2001, c. 23, Sched. B, s. 59 (2).
Municipal by-laws
“municipal by-laws” include the by-laws of a regional municipality; (“règlements municipaux”)
“municipality” includes a regional municipality. (“municipalité”) 2001, c. 23, Sched. B, s. 60 (1).
Note: On the day subsection (1) comes into force, subsection (1) is repealed by the Statutes of Ontario, 2002, chapter 17, Schedule C, subsection 14 (1). See: 2002, c. 17, Sched. C, ss. 14 (1), 14 (2).
Owner in place of Crown
(2) The owner stands in the place of the Crown for the purpose of the application of municipal by-laws and approvals required under municipal by-laws,
(a) affecting the Highway 407 East Completion lands and affecting activities on the Highway 407 East Completion lands related to the management and use of the Highway 407 East Completion; and
(b) respecting prescribed matters. 2001, c. 23, Sched. B, s. 60 (2).
Regulations
(3) The Lieutenant Governor in Council may make regulations prescribing matters for the purposes of clause (2) (b). 2001, c. 23, Sched. B, s. 60 (3).
Ontario Planning and Development Act, 1994
61. (1) For the purposes of section 13 of the Ontario Planning and Development Act, 1994, the owner shall be deemed to be a ministry of the Crown. 2001, c. 23, Sched. B, s. 61 (1).
Orders not to affect
(2) No order made by the Minister of Municipal Affairs and Housing under section 17 of the Ontario Planning and Development Act, 1994 before the coming into force of this section shall have the effect of prohibiting or regulating the management and use of the Highway 407 East Completion on the Highway 407 East Completion lands. 2001, c. 23, Sched. B, s. 61 (2).
Planning Act orders
62. No order made by the Minister of Municipal Affairs and Housing under clause 47 (1) (a) of the Planning Act before the coming into force of this section shall have the effect of prohibiting or regulating the management and use of the Highway 407 East Completion on the Highway 407 East Completion lands. 2001, c. 23, Sched. B, s. 62.
Regulations
63. (1) The Lieutenant Governor in Council may make regulations,
(a) defining any word or expression used in this Act but not defined in this Act;
(b) respecting additional procedures to be used by the owner for enforcing payment of tolls on the Highway 407 East Completion;
(c) prescribing the types of toll devices and related tolling equipment that must be used by the owner and, despite any other Act, the owners or operators of any other private toll highways;
(d) providing that the Arbitration Act, 1991 or any provision of that Act does not apply to appeals under section 17;
(e) prescribing greater penalties for the purposes of sections 31 and 34;
(f) despite this or any other Act, requiring the owner and the owners or operators of any other private toll highways to do the things specified in the regulation in order to achieve the integration of the Highway 407 East Completion with the other highways specified in the regulation;
(g) prescribing any other matter that is referred to in this Act as being prescribed;
(h) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out effectively the purposes of this Act. 2001, c. 23, Sched. B, s. 63 (1).
Same
(2) The Minister may make regulations prescribing forms and their contents for the purposes of sections 14, 15, 17 and 20. 2001, c. 23, Sched. B, s. 63 (2).
General or particular
(3) Regulations made under subsection (1) may be general or particular in their application. 2001, c. 23, Sched. B, s. 63 (3).
64. Omitted (amends or repeals other Acts). 2001, c. 23, Sched. B, s. 64.
65. Omitted (provides for coming into force of provisions of this Act). 2001, c. 23, Sched. B, s. 65.
66. Omitted (enacts short title of this Act). 2001, c. 23, Sched. B, s. 66.
