This consultation was open from:
October 21, 2024
to November 20, 2024
Decision summary
The Province of Ontario has passed Bill 212 which introduces the new Building Highways Faster Act, 2024, an initiative under the Reducing Gridlock, Saving You Time Act, 2024. This new Act will accelerate highway construction for designated priority projects to support the movement of goods and people across Ontario.
Decision details
The Ministry of Transportation (MTO) posted a proposal on the Environmental Registry of Ontario and the Regulatory Registry for a 30-day public review period between October 21, 2024, and November 20, 2024, during which time the MTO reviewed comments submitted by various stakeholders.
MTO decided on the third reading of Bill 212, Reducing Gridlock, Saving You Time Act, 2024 on November 25, 2024, to proceed with enacting the Building Highways Faster Act, 2024 (BHFA). The BHFA will allow for expedited construction timelines for priority highway projects like Highway 413, the Bradford Bypass and the Garden City Skyway.
The Building Highways Faster Act, 2024 will:
- Identify Highway 413, the Bradford Bypass and the Garden City Skyway Bridge Twinning project as priority highway projects. The legislation also authorizes the Lieutenant Governor in Council to add additional priority highway projects through regulation.
- For the purposes of 24/7 construction activities, makes most municipal by-laws inoperative to the extent that the by-law prevents or restricts the delivery of goods or services to a designated priority highway project. Certain exceptions imposed by by-laws will continue to apply, including weight restrictions on bridges, speed limits, and closures of municipal roads for maintenance, construction, and special events. These provisions apply only where the Minister designates a priority highway project or part of such a project in a regulation.
- Authorizes the Minister to issue notices for utility relocations on priority highway projects and consider any submissions from a utility company related to such a notice, including any technical or other difficulties with completing the relocation. The amendments also provide authority for the Minister to cause work to be done if the utility company fails to undertake the relocation.
- Give the Minister authority to compel owners and operators of other infrastructure to provide MTO with information concerning infrastructure, where such infrastructure may be affected by a priority highway project.
- Where MTO has expropriated property for a priority highway project, a property owner cannot apply to a judge for a later date of possession under 39(3) of the Expropriations Act. This would help to ensure that the construction schedule for designated projects is not impacted. MTO will continue to work with property owners to determine appropriate expropriation and possession timelines.
- Will create offences for individuals and corporations that obstruct MTO officials from accessing property to carry out field studies or from taking possession of property that MTO has the right to possess for a priority highway project, and from tampering with equipment left on a property as part of a site inspection for a priority highway project. Penalties for these offences will be fines.
- Allow MTO to seek an order from a Justice of the Peace to access property to undertake a site inspection or take possession of land.
The government is committed to balancing environmental protection with the need to support crucial infrastructure development that will benefit the economy. This includes consideration of potential construction impacts such as noise, dust, and lighting. The ministry will continue to work with communities to manage and mitigate construction impacts, including taking all reasonable measures to work within the spirit and intent of local bylaws.
MTO will continue to adhere to environmental processes to mitigate environmental impacts and address local concerns on a project-by-project basis. Construction activities will be undertaken in a manner to minimize noise levels and reduce impacts to the community.
Effects of consultation
The Ministry received 1,525 comments through the Environmental Registry posting and 2 emails.
Of the total comments received, 1,136 were submitted in relation to the bike lanes proposal. These comments have been redirected for review under ERO 019-9266.
All comments received were given full consideration by the Ministry.
Summary of Comments
- Overall, the feedback received related to Bill 212 is largely unsupportive.
- Comments expressed concerns regarding the development of Highway 413 and the Bradford Bypass. Many of these submissions included comments that were outside the scope of the proposal, as the decision to proceed with building Highway 413 and the Bradford Bypass was not a provision in the legislation.
- Individuals expressed the opinion that additional highways will not aid in relieving congestion in the GTA and will only result in more cars being on the road.
- To assist in alleviating gridlock and congestion, individuals suggested that the province make use of existing infrastructure, such as the 407.
- In addition to congestion, many comments expressed concerns relating to potential environmental impacts of building Highway 413 and the Bradford Bypass.
- Many comments received made reference to the property expropriation provisions in the Building Highways Faster Act and indicated concern regarding the property expropriation process in relation to the building of Highway 413 and the Bradford Bypass.
No changes were made to the proposal as a result of public consultation.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
777 Bay Street – Floor 30
Toronto,
ON
M7A 2J3
Canada
Connect with us
Contact
MTO ERO
438 University Ave
12th Floor
Toronto,
ON
M7A 1N3
Canada
Original proposal
Proposal details
The Government of Ontario:
- Recognizes the need to build priority highways faster as our province grows in order to get people and goods out of gridlock and save drivers and businesses time and money.
- Recognizes that accidents and lane closures can worsen traffic congestion and impact the quality of life of Ontarians.
- Is speeding up the delivery of broadband projects that will connect people in all parts of Ontario, including rural areas, with reliable internet access.
- Is building Highway 413, recognizing the importance of this highway to millions of drivers from across Ontario.
Reducing Gridlock, Saving You Time Act, 2024
The Reducing Gridlock, Saving You Time Act, 2024 (RGSYTA), if passed, will make it easier to build the infrastructure needed to strengthen Ontario’s economy, improve traffic flow and make life easier for Ontarians.
Building Highways Faster Act, 2024
The Building Highways Faster Act, 2024 (BHFA) is an initiative under the proposed RGSYTA. If passed, this new legislation will allow for expedited construction timelines for priority highway projects like Highway 413, the Bradford Bypass and the Garden City Skyway. This proposed legislation would, if passed, grant the Minister of Transportation new powers to accelerate receipt of infrastructure information, such as the location of underground utilities, as well as utility relocation and property access and acquisition.
Designating Priority Highway Projects
If passed, the proposed Building Highways Faster Act, 2024 would define Highway 413, Bradford Bypass and Garden City Skyway as priority highway projects. It would also enable other highway projects to be designated in the future. With designation, the authorities created in the Building Highways Faster Act can be applied to the designate projects.
The BHFA, if passed would:
If passed, the proposed Building Highways Faster Act, 2024 would override most municipal by-laws that might prevent or restrict the delivery of goods or services to the priority highway project. Certain exceptions imposed by by-laws would continue to apply, including weight restrictions on bridges, speed limits, and closures of municipal roads for maintenance, construction, and special events. These provisions apply only where the Minister designates a priority highway project or part of such a project in a regulation.
Move from a court-driven appeal process to an expedited appeal process to the Minister for disputes on MTO notices for utility relocations on priority highway projects. The proposed amendments also provide authority for the Minister to cause work to be done if the utility company fails to undertake the relocation.
Give the Minister authority to compel owners and operators of utility infrastructure to provide MTO with information concerning infrastructure, where it may be affected by a priority highway project.
Where MTO has determined that property expropriation is necessary to support a priority highway project, the proposed legislation would, if passed, remove a property owner’s ability to apply to a judge for a later date of possession under 39(3) of the Expropriations Act. This would help to ensure that the construction schedule for designated projects is not impacted. MTO would continue to work with property owners to determine appropriate expropriation and possession timelines.
Would create offence and penalty provisions for individuals and corporations that, in connection with a priority highway project, obstruct MTO officials from accessing property to carry out field studies or from taking possession of property that MTO has the right to possess and from tampering with equipment left on a property as part of a site inspection. Penalties, in the form of fines, would mirror those in the Building Transit Faster Act for obstructing inspections.
The government is committed to balancing environmental protection with the need to support crucial infrastructure development that will benefit the economy. This includes consideration of potential construction impacts such as noise, dust, and lighting. The ministry will continue to work with communities to manage and mitigate construction impacts, including taking all reasonable measures to work within the spirit and intent of local bylaws.
MTO will continue to maintain existing environmental processes to mitigate environmental impacts and address local concerns on a project-by-project basis. Construction activities will be undertaken in a manner to minimize noise levels and reduce impacts to the community.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
777 Bay Street – Floor 30
Toronto,
ON
M7A 2J3
Canada
Comment
Commenting is now closed.
This consultation was open from October 21, 2024
to November 20, 2024
Connect with us
Contact
Katerina Downard
438 University Ave
12th Floor
Toronto,
ON
M7A 1N3
Canada
Comments received
Through the registry
1,525By email
2By mail
0