Proposed amendments to the Municipal Act, 2001 to transfer the jurisdiction over regional roads, including stormwater, and waste collection services from Peel Region to Mississauga, Brampton and Caledon.

Introduction: 

The Ministry of Municipal Affairs and Housing (MMAH) is proposing amendments to the Municipal Act, 2001 (MA) to transform the delivery of certain public works services in the Regional Municipality of Peel (Peel Region), and amendments to the Ministry of Municipal Affairs and Housing Act (MMAHA) to add two new Deputy Facilitator positions, that the Minister may appoint, to the Office of the Provincial Land and Development Facilitator (OPLDF).

MMAH is proposing actions, based on the final recommendations from the Peel Region Transition Board (PTB), to transfer jurisdiction over regional roads and associated stormwater infrastructure, and jurisdiction over waste collection, from Peel Region to the City of Mississauga (Mississauga), City of Brampton (Brampton) and Town of Caledon (Caledon).

This proposal maintains provisions included in the previously introduced Bill 240, Peel Transition Implementation Act, 2024, to transfer regional roads and associated stormwater infrastructure from Peel Region to the three lower-tier municipalities of Mississauga, Brampton and Caledon with an effective date of July 1, 2026. Peel Region would be prohibited from transferring these roads back from the lower-tier municipalities.

Additionally, the proposal includes the transfer of jurisdiction over waste collection from Peel Region to Mississauga, Brampton and Caledon with an effective date of January 1, 2026, to align with recent local decisions in Peel Region. The proposal does not include the transfer of Community Recycling Centres to Mississauga, which was included in Bill 240. The proposal contains a provision that would prohibit the transfer of waste collection services back to Peel Region until December 31, 2035, to provide time for the lower-tier municipalities to negotiate new, long-term waste collection contracts.

The proposal intends to help the lower-tier municipalities meet their growing needs and address their local challenges with greater independence over certain public works. 

For matters related to implementation of the transfer of regional roads and associated stormwater infrastructure, the OPLDF will facilitate agreements between Peel Region and the lower-tier municipalities.

Current Proposal:

Amendments to the Municipal Act, 2001

MMAH is proposing amendments to the Municipal Act, 2001, to transfer jurisdiction over regional roads and related stormwater infrastructure from Peel Region to Mississauga, Brampton and Caledon, effective July 1, 2026, or a date determined by the Minister.

The proposed amendments also include transferring jurisdiction over waste collection from Peel Region to Mississauga, Brampton and Caledon, effective January 1, 2026, or a date determined by the Minister.

The proposed amendments add Minister’s authority to make regulations that are necessary or desirable to facilitate the transfer of jurisdiction, including requiring cooperation from Peel Region and the lower-tier municipalities; transferring rights, assets, liabilities, and obligations (including contracts) from Peel Region to the lower-tier municipalities; establishing a process to monitor the actions, duties and decisions of Peel Region and the lower-tier municipalities until the transfer date; directing municipalities to take certain actions (including modifying or undoing transactions), providing for financial adjustments among Peel Region and the lower-tier municipalities and addressing operational matters related to service delivery. These new authorities could be retroactive to the Bill's introduction date.

The proposed amendments include provisions to protect the Crown and the four municipalities from liability that could result from the transfers.

The transfer of jurisdiction to the lower-tier municipalities will come into effect, by an order of the Lieutenant Governor in Council, on the date when regional roads, associated stormwater infrastructure and waste collection services are transferred.

Amendments to the Ministry of Municipal Affairs and Housing Act

The Ministry of Municipal Affairs and Housing is proposing amendments to the Ministry of Municipal Affairs and Housing Act, to expand the membership of the Office of the Provincial Land and Development Facilitator, by authorizing the Minister to appoint two new Deputy Facilitators.

These changes will come into force upon Royal Assent.

Analysis of Regulatory Impact

The current proposal is part of a multi-part legislative effort, the complete costs of which would need to be considered cumulatively at the time of local implementation, supported by the OPLDF. 

Local impacts are expected to vary among the lower-tier municipalities based on their fiscal and operational capacity. Specific impacts will depend on each municipality’s approach to integrating these services and managing their budgets, as well as on any financial adjustments recommended as part of the facilitation process led by the OPLDF on regional roads and associated stormwater infrastructure.