Public Transit and Green Infrastructure Project Act

PUBLIC TRANSIT AND GREEN INFRASTRUCTURE PROJECT ACT Chapter P‑43.8 Table of Contents 1 Definitions 2 Application 3 Bilateral agreement 4 Aggregate funding commitment 5 Amendment of grant agreement 6 Funding to the City of Edmonton 7 Amendment to grant agreement or funding agreement 8 Amendment to other contracts or agreements 9 Material change to project 11 Extinguishment of causes of action 12 No compensation 13 Expropriation 14 Conflict 15 No more favourable terms and conditions 16 Regulations Definitions 1 In this Act, (a) “bilateral agreement” means the Canada-Alberta Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program entered into between the Government of Canada and the Crown effective April 3, 2018, as amended from time to time; (b) “Crown” means the Crown in right of Alberta; (c) “funding agreement” means a future funding agreement that may be entered into between the Crown and the City of Edmonton for the purposes of the construction of a light rail transit project; (d) “grant agreement” means the Grant Agreement Public Transit and Green Infrastructure Project entered into between the Crown and the City of Calgary effective January 30, 2019, as amended from time to time; (e) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act. 2019 cP-43.8 s1;2022 c21 s79 Application 2 This Act applies to (a) the City of Calgary in respect of the grant agreement, and (b) the City of Edmonton in respect of any funding agreement. Bilateral agreement 3 The provisions of this Act and the regulations apply in addition to any commitments made by the Crown that form part of any terms and conditions in the bilateral agreement. Aggregate funding commitment 4 The Crown commits to providing $1 530 000 000 to the City of Calgary and $1 470 000 000 to the City of Edmonton by the end of fiscal year 2029-2030 for the purposes of the construction of light rail transit projects. 2019 cP-43.8 s4;2022 c4 s7 Amendment of grant agreement 5 (1) The grant agreement is amended by this section. (2) Notwithstanding Schedule E of the grant agreement, the Lieutenant Governor in Council may by regulation prescribe the funding that will be provided and disbursed to the City of Calgary. (3) Notwithstanding Schedules D and F of the grant agreement, the Minister may by regulation amend the auditing and financial reporting requirements that must be met by the City of Calgary. (4) Notwithstanding Schedule A of the grant agreement, the Minister may by regulation amend the eligible and ineligible expenditures. (5) The grant agreement is deemed to have been amended on the coming into force of this Act or as specified in the regulations. Funding to the City of Edmonton 6 Notwithstanding any term or condition in a funding agreement that sets out how funding will be provided and disbursed to the City of Edmonton, the Lieutenant Governor in Council may by regulation prescribe the funding that will be provided and disbursed to the City of Edmonton. Amendment to grant agreement or funding agreement 7 The Minister may amend any term, condition or provision of the grant agreement or a funding agreement by regulation. Amendment to other contracts or agreements 8 Any other contract or agreement that a third party has entered into to implement the construction of the light rail transit project that is the subject of the grant agreement or a funding agreement is deemed to have been amended on the coming into force of this Act or is amended or deemed to have been amended as specified in the regulations. Material change to project 9 (1) In this section, “City” means (a) the City of Calgary in respect of the grant agreement, and (b) the City of Edmonton in respect of a funding agreement. (2) Subject to the terms and conditions in the grant agreement or a funding agreement, if the City seeks to materially change any portion of a project that is the subject of the grant agreement or a funding agreement, the City must, as soon as possible, provide the Minister with (a) details of the proposed changes, and (b) any other related information the Minister requests respecting the proposed changes. (3) Any proposed changes and related information submitted to the Minister under subsection (2) must be approved by the Minister prior to the City proceeding with the changes to the project. (4) The Minister may modify or impose additional terms and conditions prior to approving the proposed changes to the project. 10 Repealed 2023 c5 s12. Extinguishment of causes of action 11 (1) No action or proceeding, either in law or in equity, lies or shall be commenced against the Crown, any current or former member of the Executive Council or any current or former employee or agent of or advisor to the Crown as a direct or indirect result of (a) the enactment, operation, administration or repeal of any provision of this Act or the regulations, (b) anything done or omitted to be done under this Act or the regulations, (c) any amendment, revocation, cessation or termination of contractual or other rights under this Act or the regulations, or (d) any representation or other conduct that is related, directly or indirectly, to the grant agreement or a funding agreement. (2) Without limiting the generality of subsection (1), that subsection applies to an action or proceeding in contract, restitution, tort, misfeasance, bad faith, trust, fiduciary obligation or otherwise claiming any remedy or relief, including (a) specific performance, injunction or declaratory relief, and (b) any form of damages or compensation or any other remedy or relief. (3) Subsections (1) and (2) apply regardless of whether the cause of action on which the proceeding is purportedly based arises before, on or after the day this Act or the regulations made under this Act come into force. (4) Any proceeding referred to in subsection (1) or (2) that is commenced before the day this Act or the regulations made under this Act come into force is deemed to have been dismissed, without costs, on the day this Act or the regulations made under this Act come into force. No compensation 12 No person is entitled to any compensation or any other remedy or relief for the amendment, revocation, cessation or termination of an instrument or of contractual or other rights under this Act or the regulations. Expropriation 13 Nothing in this Act or the regulations and nothing done or omitted to be done in accordance with this Act or the regulations constitutes an expropriation or injurious affection for the purposes of the Expropriation Act . Conflict 14 If there is a conflict between this Act or the regulations and (a) another enactment, or (b) the grant agreement or a funding agreement, this Act or the regulations apply. No more favourable terms and conditions 15 For the purposes of any funding agreement entered into on or after the coming into force of this Act between the Crown and the City of Edmonton, the Crown must ensure that the terms and conditions of the funding agreement are no more favourable than the terms and conditions of the grant agreement, including terms and conditions respecting eligible and ineligible expenses and auditing and financial reporting requirements, as amended by this Act or the regulations. Regulations 16 (1) The Lieutenant Governor in Council may make regulations (a) defining any term that is used but not defined in this Act; (b) respecting the effective date of any amendments made under this Act or the regulations to the grant agreement or a funding agreement; (c) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purposes of this Act. (2) A regulation made under this section may be made retroactive to the extent set out in the regulation.