The Long Arm of Metrolinx

Doug Ford wants his pet transit projects built now and will sweep away any opposition. His agency, Metrolinx, is more than happy to oblige if only to make itself useful.

There was a time when the Tories hated Metrolinx as a den of Liberal iniquity, but Phil Verster and the gang made themselves useful to their new masters with new plans. Ford returned the favour with legislation giving Metrolinx sweeping powers in the Building Transit Faster Act. In particular, Metrolinx has review powers over any proposed activity near a “transit corridor” (anything from building a new condo to extending a patio deck) lest this work interfere with their plans. They also have right of entry, among other things, to perform their works.

Metrolinx describes the various aspects of review in Building near a Metrolinx transit corridor

Operative language in the Act is extremely broad about “transit corridors”:

Designating transit corridor land

62 (1) The Lieutenant Governor in Council may, by order in council, designate land as transit corridor land if, in the opinion of the Lieutenant Governor in Council, it is or may be required for a priority transit project. 2020, c. 12, s. 62 (1).
Different designations for different purposes

(2) The Lieutenant Governor in Council may designate the land for some of the purposes of this Act and not others, and may later further designate the land for other purposes of this Act. 2020, c. 12, s. 62 (2)
Notice and registration

(3) Upon land being designated as transit corridor land, the Minister shall,

(a) make reasonable efforts to notify the owners and occupants of land that is at least partly either on transit corridor land or within 30 meters of transit corridor land of,

(i) the designation, and

(ii) this Act; and

(b) either,

(i) register a notice of designation under the Land Titles Act or Registry Act in respect of land described in clause (a), or

(ii) carry out the prescribed public notice process. 2020, c. 12, s. 62 (3); 2020, c. 35, Sched. 1, s. 4.

Building Transit Faster Act, S. 62,

Note that there is no requirement that land actually be anywhere near a transit project, merely that it “may be required for a priority transit project”.

“Resistance is futile” should be the Act’s subtitle.

Metrolinx has a diagram in Doing construction work near a Priority Transit Corridor which shows the bounds of their interest.

In various community meetings, the assumption has been that the “corridor” corresponds to the bounds of Metrolinx’ property, but that is not the case. A much wider swath has been defined in several corridors reaching well beyond the wildest imaginations of what might be affected lands. Needless to say this has not endeared Metrolinx to affected parties for “transparency”.

This applies to the “priority” corridors: Scarborough Subway Extension, Richmond Hill Extension, Eglinton West Extension and, of course, the Ontario Line.

In addition, there are constraints around GO Transit corridors, as well as separate Developer’s Guides for LRT projects in Toronto and on Hurontario. Note that these predate the election of the Ford government, and rather quaintly refer to the Eglinton West and Sheppard East LRT corridors. Although it is mentioned in the text, the Eglinton West Airport Extension is not shown on the map.

There is an interactive map page on which one can explore the bounds of areas where Metrolinx asserts various rights of review, control and entry. It is tedious, and one must wait for all of the map layers to load to get a complete picture. But fear not, gentle reader, I have done the work of wandering through the GTHA on this map and taking screenshots to show each line. I have attempted to maintain a consistent scale for the snapshots of the maps. All of them are clickable and will open a larger version in a new browser tab.

Readers should note that the areas of influence/control for Metrolinx corridors discussed here are separate from the effects of MTSAs (Major Transit Station Areas) on development around rapid transit and GO stations, a totally separate topic.

I will start with the Ontario Line because it is the most contentious, but Metrolinx territorial ambitions do not stop there.

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