Order in Council 468/2020

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas, pursuant to subsection 46(1) of the Metrolinx Act, 2006, the Lieutenant Governor in Council may, by regulation, prescribe a project to design, develop and construct rapid transit or an extension to rapid transit as a rapid transit project that is the sole responsibility of Metrolinx;

And whereas, pursuant to Ontario Regulation 248/19, the Province of Ontario transferred sole responsibility for three rapid transit projects to Metrolinx on July 23, 2019;

And whereas, the Province of Ontario and the City of Toronto have discussed measures to facilitate the transfer of responsibility for the three rapid transit projects to Metrolinx, including exchanging information on existing contractual commitments relating to the three projects;

Therefore, pursuant to subsection 47(1) of the Metrolinx Act, 2006, the contracts and agreements listed on Appendix A hereto (collectively, the “Transferred Agreements”), including, for clarity, the assets and rights of the City of Toronto and/or Toronto Transit Commission contained therein, together with:

1. all deliverables, documents, reports, data and all other personal property (including intangible property) delivered and/or provided to Toronto Transit Commission and/or the City of Toronto pursuant to or in connection with any of the Transferred Agreements whether prior to, on or after the effective date of this Order;
2. all intellectual property and intellectual property rights granted, delivered and/or provided to Toronto Transit Commission and/or the City of Toronto pursuant to or in connection with any of the Transferred Agreements whether prior to, on or after the effective date of this Order;
3. any requirement to make payment in respect of holdbacks retained by the Toronto Transit Commission and/or the City of Toronto pursuant to or in connection with any of the Transferred Agreements whether prior to, on or after the effective date of this Order; and
4. all liabilities and obligations of the Toronto Transit Commission and/or the City of Toronto under any of the Transferred Agreements excluding any such liabilities and/or obligations relating to or arising from acts, omissions, facts, circumstances and/or claims which occurred or existed prior to August 31, 2019,

are hereby transferred to Metrolinx effective the date of this Order.

Appendix A