Metrolinx must follow new notice and consultation steps before ordering access to municipal roads and rights of way

Plain-language summary · AI-assisted · not legal advice

Metrolinx now has explicit procedural obligations before it can issue an order requiring access to, or alteration of, a municipal highway or right of way. Before issuing such an order, Metrolinx must make good-faith efforts to meet any technical requirements and give due consideration to a set of listed factors. It must give the provincial Ministry of Transportation at least 20 days' written notice (with a detailed summary of negotiation steps taken), and the affected municipality at least 15 days' notice. If a municipality fails to comply with an order, Metrolinx must notify the Ministry at least 15 days before filing the order in the Superior Court of Justice. Metrolinx may revise or cancel an order, but must give both the Ministry and the affected municipality at least 15 days' advance notice before doing so. Municipalities and Metrolinx project teams involved in transit construction affecting local roads and rights of way need to be aware of these new steps.

Who this affects: Metrolinx project and legal teams · municipal governments along transit corridors · Ontario Ministry of Transportation (Transit Division)