Toronto Area Transit Operating Authority Act, R.S.O. 1990, c. T.13

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Toronto Area Transit Operating Authority Act

R.S.O. 1990, CHAPTER T.13

Note: This Act was repealed on May 12, 2011. See: 2011. c. 9, Sched. 41, ss. 1, 4.

Last amendment: 2011, c. 9, Sched. 41, s. 1.

Definitions

1. In this Act,

“Authority” means the Toronto Area Transit Operating Authority; (“Régie”)

“Minister” means the Minister of Transportation. (“ministre”) R.S.O. 1990, c. T.13, s. 1; 1997, c. 26, Sched.; 1997, c. 30, Sched. E, s. 1; 1998, c. 23, s. 72 (1).

Toronto Area Transit Operating Authority

2. (1) The Toronto Area Transit Operating Authority is continued as a corporation without share capital under the name Toronto Area Transit Operating Authority in English and Régie des Transports en commun de la région de Toronto in French. R.S.O. 1990, c. T.13, s. 2 (1).

Membership

(2) The Authority shall be composed of the persons who are, from time to time,

(a) the Deputy Minister of Finance or an Assistant Deputy Minister of Finance designated by the Deputy Minister;

(b) the Deputy Minister of Municipal Affairs and Housing or an Assistant Deputy Minister of Municipal Affairs and Housing designated by the Deputy Minister; and

(c) the Deputy Minister of Transportation or an Assistant Deputy Minister of Transportation designated by the Deputy Minister. 1998, c. 23, s. 72 (2).

Chair

(3) The members of the Authority shall appoint one among them as chair of the Authority. 1998, c. 23, s. 72 (3).

Quorum

(4) Two members of the Authority constitute a quorum. 1998, c. 23, s. 72 (3).

(5) Repealed: 1998, c. 23, s. 72 (3).

Absence of chair

(6) When the chair is absent from any meeting of the Authority, the members present at the meeting shall appoint from among them an acting chair who, for the purposes of the meeting, has all the powers and shall perform all the duties of the chair. R.S.O. 1990, c. T.13, s. 2 (6).

Remuneration

(7) The Authority may pay those of its members who are not public servants employed under Part III of the Public Service of Ontario Act, 2006 such remuneration and expense allowance as may be from time to time fixed by the Lieutenant Governor in Council. R.S.O. 1990, c. T.13, s. 2 (7); 2006, c. 35, Sched. C, s. 126.

Fiscal year

(8) The fiscal year of the Authority begins on the 1st day of April and ends on the 31st day of March in the following year. R.S.O. 1990, c. T.13, s. 2 (8).

Agency

(9) The Authority is an agency of the Crown. R.S.O. 1990, c. T.13, s. 2 (9).

(10) Repealed: 1996, c. 9, s. 32.

By-laws

3. (1) The Authority may make by-laws regulating its proceedings. R.S.O. 1990, c. T.13, s. 3 (1).

Idem

(2) Subject to the approval of the Minister, the Authority may make by-laws for the conduct and management of the affairs of the Authority. R.S.O. 1990, c. T.13, s. 3 (2).

Consultants

4. The Authority may retain such technical and professional consultants as are considered necessary to carry out the objects of the Authority at such remuneration and upon such terms as the Authority approves. 1998, c. 23, s. 72 (4).

Objects

5. The objects of the Authority are,

(a) to exercise its rights and fulfil its obligations in respect of the railway rolling stock that is subject to the six conditional sale agreements dated March 30, 1994 between the Authority and Asset Finance (Bermuda) Limited including its rights and obligations under those conditional sale agreements; and

(b) to perform such duties in respect of the rights and obligations described in clause (a) as are assigned to it by the Minister. 1998, c. 23, s. 72 (4).

Powers

6. (1) For the purpose of carrying out its objects, the Authority may,

(a) enter into agreements with the Crown or with any individual, municipality, corporation, partnership, trust or association with respect to its objects;

(b) purchase, lease or otherwise acquire and sell, lease or otherwise dispose of railway rolling stock;

(c) do anything else that is incidental or conducive to carrying out its objects. 1998, c. 23, s. 72 (4).

Restriction on lease of rolling stock

(2) The Authority shall not enter into an agreement to lease railway rolling stock that is subject to a conditional sale agreement described in clause 5 (a) except in accordance with the conditional sale agreement. 1998, c. 23, s. 72 (4).

Transfer of rolling stock if necessary

7. (1) Metrolinx shall transfer to the Authority good title in a unit of railway rolling stock that vested in Metrolinx under subsection 44 (1) of the Metrolinx Act, 2006, free and clear of all liens and encumbrances, if the Authority requires a unit of railway rolling stock as a replacement unit under Article 10.1 of any of the conditional sale agreements described in clause 5 (a). 2006, c. 16, s. 49.

Transfer is without compensation

(2) If Metrolinx is required to transfer title in a unit of railway rolling stock, it shall do so without compensation. 2006, c. 16, s. 49.

Indemnification of members

7.1 The Authority shall indemnify a member of the Authority and his or her heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by him or her in respect of any civil, criminal or administrative action or proceeding to which he or she is made a party by reason of being or having been a member of the Authority, if,

(a) he or she acted honestly and in good faith with a view to the best interests of the Authority; and

(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, he or she had reasonable grounds for believing that his or her conduct was lawful. 1998, c. 23, s. 72 (4).

Money

8. The money required for the purposes of the Authority may be paid out of the money appropriated therefor by the Legislature. 1998, c. 23, s. 72 (5).

8.1-8.4 Repealed: 1998, c. 23, s. 72 (5).

Responsibility of Minister

9. The Minister is responsible for the administration of this Act. R.S.O. 1990, c. T.13, s. 9.

10. Repealed: 1998, c. 23, s. 72 (6).

11. Repealed: 1998, c. 23, s. 72 (7).

Auditor General

12. The accounts and financial transactions of the Authority shall be audited annually by the Auditor General. 1998, c. 23, s. 72 (8); 2004, c. 17, s. 32.

13.,14. Repealed: 1998, c. 23, s. 72 (8).

Annual report

15. (1) The Authority shall make a report annually to the Minister in such form and containing such financial and other information as the Minister may require. R.S.O. 1990, c. T.13, s. 15 (1).

Idem

(2) The Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. T.13, s. 15 (2).

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