Bill 17 [Part Three]: Transit and Provincial Infrastructure Development

Bill 17: Protect Ontario by Building Faster and Smarter Act, 2025

Introduction

On June 5, 2025, Bill 17: Protect Ontario by Building Faster and Smarter Act, 2025 (“Bill 17”) received royal assent. Bill 17 aims to speed up housing approvals, reduce costs, streamline existing processes, and support infrastructure. Its release was accompanied by a technical briefing, which further describes the Province’s intent behind each proposed change as well as additional initiatives.

This blog constitutes Part 3 of Davies Howe’s review and summarizes the changes to the Building Transit Faster Act, 2020 (the “BTFA”), the Metrolinx Act, the Transit-Oriented Communities Act, 2020 (the “TOC Act”) and the Ministry of Infrastructure Act, 2011.

If you missed Parts 1 and 2, which set out the changes to the Planning Act, the Building Code Act, the City of Toronto Act, 2006 and the Development Charges Act, 1997, which are now in effect with some exceptions, check them out here (Part 1) and here (Part 2).

Various proposals relating to Bill 17 were also posted on the Environmental Registry of Ontario and the Regulatory Registry, including the below proposals outlining the Province’s intent to make transit more accessible and affordable, streamline the planning and delivery of the Transit Oriented Community program, and to accelerate Metrolinx “priority transit projects”.

  • ERO-025-0450: Protect Ontario by Building Faster and Smarter Act, 2025 – Amendment to the Building Transit Faster Act, 2020
  • RR-25-MTO005: Amending the Building Transit Faster Act, 2020 to expand the definition of Priority Transit Projects to all Provincial Transit Projects
  • ERO-025-0504: Bill 17- Protect Ontario by Building Faster and Smarter Act, 2025 – Accelerating Delivery of Transit-Oriented Communities

Part 3 – Transit and Provincial Infrastructure Development

            Expansion of Priority Transit Projects

The BTFA was introduced in 2020 to provide the tools for the Province to deliver “priority transit projects” faster. Priority Transit Projects were previously defined in the Act as the Ontario Line, Scarborough Subway Extension, Yonge North Subway Extension, Eglinton Crosstown West Extension, Hamilton Light Rail Transit, and the Hazel McCallion Light Rail Transit line extensions.

The BTFA provides a unique framework to expedite these defined projects through the coordination of utility companies; obtaining municipal permits; requiring corridor development permits; entering lands for due diligence work; and a streamlined land assembly process. Under Ontario Regulation 181/21, the Province delegated many of these powers to Metrolinx.

Bill 17 expands Metrolinx’s ability to use these tools by replacing the term “priority transit project” in the BTFA with the term “provincial transit project”  which is defined to mean any transit project that Metrolinx has authority to carry out, and includes projects that were priority transit projects prior to Bill 17 coming into force. Companion amendments to add the definition of “provincial transit project” were also made to the Metrolinx Act and the TOC Act. Essentially, Metrolinx will now have the ability to access many of the tools within the BTFA for more projects.

Consequently, this change in definition in the BTFA means these expanded “provincial transit projects”, will also be exempt from sections of the Expropriations Act that permit a hearing of necessity to be requested.

            Transit Oriented Communities

Within the TOC Act, the addition of provincial transit projects expands the scope of priority transit projects, including those along the GO and LRT networks. Bill 17 also amends the TOC Act to change the definition of “Minister” from the Minister of Transportation to the Minister of Infrastructure. This is particularly relevant as the Minister of Infrastructure was also given the authority through Order In Council 589/2025, approved on May 8, 2025, to enact Minster’s Zoning Orders under section 47 of the Planning Act in respect of transit-oriented community land designated under the TOC Act. The Order was recommended by the Province because of the Minister of Infrastructure’s leading role in the Transit-Oriented Communities program, that that aims to build vibrant, mixed-use communities that will bring more housing (including affordable housing options), jobs, retail, public amenities, and entertainment within a short distance of transit stations, and the Minister’s central role in the delivery of infrastructure programs.

Prior to Bill 17, the Minister of Transportation was required to obtain the Lieutenant Governor’s approval by way of an Order in Council to enter into certain agreements to establish, acquire, manage, participate in or otherwise deal with corporations, partnerships, joint ventures or other entities, including a municipality, for the purpose of investing assets in, supporting or developing transit-oriented community projects. Bill 17 amends the TOC Act to exempt the Minister (now the Minister of Infrastructure) from requiring such approval where the agreements or subsequent related dealings are with a municipality or a First Nation. Bill 17 also expands the Minister of Infrastructure’s ability to delegate its authority to enter into these agreements and to borrow or manage financial risks as specified in the Act to the Ontario Infrastructure and Lands Corporation, in addition to Metrolinx and public bodies. Bill 17 introduced additional sections setting out the framework of these agreements, including that it can be registered on title with the consent of all parties, and that the Minister or the municipality is entitled to enforce it.

            Power to Direct Municipalities to Provide Information and Data

Other new definitions were added to the Metrolinx Act for “municipal agencies” and “transit-oriented community project”. These amendments authorize the Minister of Transportation to issue directives in writing to a municipality or its municipal agencies to provide information and data, including contracts, records, reports, surveys, plans and any other document that may be required to support the development of a provincial transit project or a transit-oriented community project within the timeframe specified in the directive.

Similarly, Bill 17 amends the Ministry of Infrastructure Act, 2011 to add the definition of “municipal agencies” and to permit the Minister of Infrastructure to issue similar directives to a municipality or its municipal agencies to provide the Minister of Infrastructure or Ontario Infrastructure and Lands Corporation with the same information and data referred to above, if in the Minister’s opinion, it may be required to support the development or implementation of a project funded, in whole or in part, by the Government.

The Province has stated that these changes are in response to challenges in meeting project timelines.

Future Proposals to Accompany the Bill 17 Amendments

While not officially a part of Bill 17, the technical briefing includes various other initiatives which the Province intends to  pursue in the future to further streamline the municipal development processes. For example, the Province has proposed to streamline transportation permitting by initiating a review of the Minister of Transportation’s current corridor management process and standards, which is expected to include  highway corridor setback standards and an implementation plan to ensure that the process and standards align with Provincial priorities.

Conclusion

As Bill 17 has now received royal assent, do not hesitate to reach out should you have any questions on how these new amendments may impact your lands.