Compliance and procedures for development near transit projects in Ontario

Navigating development near transit corridor lands can present significant complexities, particularly in light of the regulations established by Ontario’s Building Transit Faster Act, 2020, S.O. 2020, c. 12  (the “Act”). The Act, which is aimed at expediting the completion of priority transit projects, provides that the Lieutenant  Governor in Council of Ontario (the “Governor”) may designate land as “Transit Corridor Lands”, if the Governor is of the opinion that the land is or may be required for a priority transit project.[1] … The new Ontario Line subway project, running over 15 kilometres from Exhibition Place through downtown Toronto and up to the Ontario Science Centre is one example of a priority transit project.

Once land has been designated as Transit Corridor Lands, anyone conducting work  on or near these areas must obtain a Metrolinx Corridor Development Permit (“CDP”).[2] Under the Act, work includes construction, alteration, or placement of buildings, structures, roads, and  excavation or dewatering activities on or near Transit Corridor Lands, excluding utility infrastructure projects.[3] However, utility infrastructure projects involving grading or excavation on or under Transit Corridor Land or within ten (10) meters of Transit Corridor Lands require a CDP. It is important to note, further definitions of work may be prescribed by regulation.

Whether you are a homeowner, builder, developer, utility company or municipality, understanding the requirements and procedures outlined within the Act is essential for compliance and the successful completion of your project.

Corridor Development Permits and Regulatory Boundaries

Transit Corridor Lands are demarcated, accompanied by buffer zones extending thirty (30) metres on each side. Two different clearance zones have been established depending on the nature of the construction activity. Utility infrastructure work will require a CDP if it is within ten (10) metres of the Transit Corridor Lands, while construction or alterations of buildings, structures, and roads will require a CDP if the work is within thirty (30) metres.[4]

Click here to see a reference image from Metrolinx, and Metrolinx’s Third Party Coordination and Permitting Map.

Exceptions and Permit Application Process

Metrolinx, an agency of the Government of Ontario, is responsible for issuing CDPs, and may attach conditions to the CDP, subject to Metrolinx’s discretion.[5] While exemptions exist for certain activities on residential and business properties, as well as utility or municipal projects, most developments within Transit Corridor Lands and buffer zones will require a CDP. Some exemptions include, but are not limited to interior construction activities within existing structures, driveway repairs, and tree planting initiatives that meet specified criteria.

The permit process involves the following:

1. Pre-Application Form Submission: Applicants are required to submit a Pre-Application Form, along with a number of documents and drawings as further set out in the application form. [6] Metrolinx will then decide to move the application forward or arrange a meeting to review the information with the applicant in more detail.
2. Corridor Development Permit Application Form and Checklist: Upon acceptance of the Pre-Application Form, applicants proceed to complete a CDP Application Form and Checklist.[7]

Timelines for issuing permits vary based on project complexity, with projects that qualify as small-scale and minor typically processed within twenty (20) to thirty (30) business days, and other projects within sixty (60) business days.[8]

Metrolinx Response Review Process and Non-Compliance Consequences

In cases of delayed response on the part of Metrolinx (i.e., longer than sixty (60) days) or an unreasonable permit decision, applicants may initiate the Metrolinx Response Review Process pursuant to the Act.[9] Furthermore, if the required notice is provided pursuant to the Act, Metrolinx possesses the power to alter or remove structures, trees, shrubs, or hedges obstructing transit construction without permit authorization.[10] However, this power does not extend to removing entire buildings, roads or infrastructure. In instances where an obstruction is removed and restoration is not feasible, reimbursement may be provided, if the property in question was in compliance with all relevant laws and regulations.[11]

Non-compliance with permit conditions or the Act itself may result in administrative penalties of up to $500,000.[12]

Conclusion

Navigating construction activities near priority transit projects in Ontario requires meticulous planning, adherence to regulatory standards, and close collaboration with Metrolinx. To learn more about how Miller Thomson’s Municipal, Planning & Land Development group, or Transactions & Leasing group can assist in providing practical, tailored, and timely advice for your project, please not hesitate to reach out to a member of our team. We look forward to working with you.

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[1] Building Transit Faster Act, 2020, S.O. 2020, c. 12 at s.62. [“Act”]

[2] Ibid at ss. 1 and 3.

[3] Ibid at s.3

[4] Ibid at s.3.

[5] O. Reg. 181/21: Delegation.

[6] See Pre-Application Form for Adjacent Development and Utilities and Roadways.

[7] See Corridor Development Permit for Adjacent Development and Utilities and Roadways.

[8]https://www.metrolinx.com/en/about-us/doing-business-with-metrolinx/development-opportunities/priority-transit-projects-permit

[9] Act, supra note 1 at ss. 11 and 63.

[10] Ibid at ss. 12, 13, 14, 15, 16,  17 and 19.

[11] Ibid at s. 18.

[12] Ibid at s.79.