Fighting Delays, Building Faster Act (Bill 60): What it Means for Road Building
Enter Bill 60. The Ontario government has introduced new legislation that would standardize construction requirements among municipalities. One of its main objectives is to accelerate the pace of road construction. The Fighting Delays, Building Faster Act (Bill 60) proposes major amendments to the Public Transportation and Highway Improvement Act, granting the Minister of Transportation broad new powers to establish and enforce province-wide road construction standards.
Ending Ontario’s Road Standards Patchwork
Currently, municipalities have the discretion to either adopt their own road construction standards or follow the optional Ontario Provincial Standards for Municipal Roads and Public Works. This current framework has created a patchwork of inconsistent rules and specifications, leading to inefficiencies, project delays, and escalating costs.
The Ontario Road Builders Association, an association which advocates for transportation infrastructure contractors in Ontario, is among many stakeholders who are advocating for harmonization of road building standards across the province.
The proposed legislation would centralize authority within the Ministry of Transportation. Under the proposed amendments, the Minister would have the power to establish a single, mandatory set of provincial road standards governing road design and construction across all municipalities. This would be a boon for road builders, giving clarity, reducing the administrative burden involved in keeping up with hundreds of varying sets of municipal standards, and lowering the barrier to entry for bidding on municipal contracts across the province.
New Powers for the Minister of Transportation
The Minister’s authority under the proposed legislation extends beyond setting technical standards. Bill 60 would authorize the Minister to mandate terms in municipal road construction contracts and to establish remedies for breaches of those terms. The legislation would also create a formal process through which municipalities may request exemptions from specific standards, subject to the Minister’s discretion.
To ensure accountability, municipalities would be required to submit regular reports demonstrating compliance with the harmonized construction standards. Bill 60 would also empower the Minister to compel municipalities, local boards, and other stakeholders with industry or technical expertise to provide information and advice regarding existing or proposed standards.
The Bottom Line
The proposed legislative changes to the Public Transportation and Highway Improvement Act under Bill 60 exemplify a significant shift toward a proactive governance model for road construction in Ontario. The amendments emphasize regulatory cohesion, municipal accountability, and transparency in the development and application of road design and construction standards across the province.
This bill is currently moving through legislature and is not yet in force. It proposes changes beyond road building standards, such as to the Residential Tenancies Act, which may result in delays to its ultimate implementation. That being said, all signs so far point to it being impending, and road builders should plan on these amendments becoming reality.
HOW WE CAN HELP
RAR Litigation’s team has a proven track record representing clients in complex construction and infrastructure disputes. Contact us for strategic advice, risk assessment, and litigation representation.