Proposed amendments to Municipal Act, 2001 to transfer regional roads, including stormwater, and waste collection in Peel Region, and Ministry of Municipal Affairs and Housing Act to expand Provincial Land and Development Facilitator membership.

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 the Ministry of Municipal Affairs and Housing Act (MMAHA) to add two new Deputy Facilitator positions to the Provincial Land and Development Facilitator (PLDF) advisory agency.

MMAH is proposing actions, based on the final recommendations from the Peel Region Transition Board (PTB), to transfer jurisdiction and responsibility, including operation and maintenance, for regional roads and associated stormwater from Peel Region to Mississauga, Brampton and Caledon and waste collection services from Peel Region to Mississauga. The proposal intends to help these municipalities meet their growing needs and address their local challenges with greater independence over certain public works services. 

For matters related to implementation of the transfers, the Provincial Land and Development Facilitator (PLDF) will be directed by the Minister of the Ministry of Municipal Affairs and Housing (the Minister) to facilitate agreements between Peel Region and the lower-tier municipalities respecting the service transfers.

Current Proposal:

Amendments to the Municipal Act, 2001

The Ministry of Municipal Affairs and Housing is proposing amendments to the Municipal Act, 2001, to transfer jurisdiction over highways and stormwater utilities from The Regional Municipality of Peel to the Cities of Mississauga and Brampton, and the Town of Caledon, effective July 1, 2026, or as determined by the Minister.

The proposed amendments also include transferring jurisdiction over waste collection and two Community Recycling Centres in Mississauga from Peel Region to the City of Mississauga, effective July 1, 2026, or as 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 its municipalities, transferring rights, assets, liabilities, and obligations (including contracts) from Peel Region to the lower-tier municipalities, allowing the Minister to monitor and direct municipalities until the transfer date (including modifying or undoing transactions), and providing for financial adjustments among 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 causes of action that could result from the transfers.

The transfer of jurisdiction to the lower-tier municipalities will come into effect, by means of proclamation, on the date when regional roads and associated stormwater and waste collection are transferred.

The regulations under the regulation-making authority to facilitate the service transfers can be deemed to have come into force as early as December 12, 2024.

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 Provincial Land and Development Facilitator advisory agency by two members, from five to seven, by authorizing the Minister to appoint up to six 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 Provincial Land and Development Facilitator advisory agency.

Local impacts are expected to vary among the impacted municipalities based on their existing 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 Provincial Land and Development Facilitator advisory agency.