p44 s1 bill 60 b060 e.pdf

Ontario — Bills

1ST SESSION, 44TH LEGISLATURE, ONTARIO 4 CHARLES III, 2025 Bill 60

An Act to amend various Acts and to enact the Water and Wastewater Public Corporations Act, 2025 The Hon. R. Flack Minister of Municipal Affairs and Housing Government Bill 1st Reading October 23, 2025 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE

SCHEDULE 1 BUILDING TRANSIT FASTER ACT, 2020 This

Schedule amends the Building Transit Faster Act, 2020. Some highlights include: 1. The definition of “immediate danger to construction” in

section 2 of the Act is repealed and the concept is incorporated into

section 26 of the Act. 2. References to construction in

Part II (Corridor Control) and

Part V (Municipal Service and Right of Way Access) are expanded to include operation and maintenance in sections 12, 26, 27, 34 and 52. 3. Sections 14, 17, 19 and 36 are amended to reduce the notice period from 30 days to 15 days.

Section 52 is repealed and replaced to broaden the basis on which Metrolinx may determine that municipal service and right of way access is required to include the alteration and relocation of, and access and connection to , municipal services, rights of way and infrastructure. It is also broadened to include municipal infrastructure that is related to bridges, tunnels and life safety systems and to give the Minister authority to prescribe, by regulation, additional municipal infrastructure to which an order may apply. 5. Subsection 59 (1) is amended to provide that the Minister may delegate their functions to the Deputy Minister or other persons employed in the Ministry.

SCHEDULE 2 CONSTRUCTION ACT The

Schedule makes various amendments to the Construction Act:

Section 30 is re -enacted in order to apply with respect to the abandonment or termination of a contract or subcontract, rather than just to a circumstance in which a contractor or subcontractor defaults in the performance of a contract or subcontract. 2. Not-yet-in-force amendments to

section 31 that would have been made by s ection 27 of

Schedule 4 to the Building Ontario For You Act (Budget Measures), 2024 are repealed.

Section 31 is amended to retain the provisions of those amendments that would have been subsections (8) to (10) — dealing with notice of termination and its effects — by adding them as replacements of subsections (6) and (7) of the current section. The not -yet-in-force re-enacted version of

section 26 is consequently amended to require the annual release of holdback without the expiry of liens.

Section 87.4, dealing with transition connected to the commencement of amendments to the Act made by the Building Ontario For You Act (Budget Measures), 2024, is amended by adding a separate transition rule for project agreements referred to in subsection 1.1 (1) and to make adjustments to the transition rules respecting amendments made to

section 31. 4. Transitional regulation -making authority in

section 88 is made more generally applicable and is transferred from the Lieutenant Governor in Council to the Minister. A definition of “Minister” is added to subsection 1 (1) and other complementary amendments are made to the Act for the purpose. The substantive amendments are to come into force at the same time as related amendments to the Act made by the Building Ontario For You Act (Budget Measures), 2024.

SCHEDULE 3 DEVELOPMENT CHARGES ACT, 1997 New

section 5.3 of the Development Charges Act, 1997 provides special rules respecting the determination of the estimate for the increase in the need for the class required by new subsection 7 (3.1). New subsection 7 (3.1) of the Act requires a development charge by-law that imposes development charges in respect of capital costs described in paragraph 1 of subsection 5 (3) to provide for a class consisting only of those capital costs, subject to certain exceptions.

Section 10 of the Act currently requires councils to complete a development charge background study before passing a development charge by-law. New subsection 10 (5) requires the council to give a copy of the background study to the Minister upon request, by the deadline specified in the request. New subsection 13 (5) of the Act requires the council of a municipality to give a copy of a development charge by- law passed by the municipality to the Minister on request, by the deadline specified in the request.

Section 35 of the Act currently provides that the money in a reserve fund established for a service may be spent on capital costs determined under paragraphs 2 to 7 of subsection 5 (1). New subsection 35 (1.1) provides that such money in a reserve fund may be spent on the capital costs of that service described in paragraph 1 of subsection 5 (3), provided the costs are ones

ii determined under paragraphs 2 to 7 of subsection 5 (1) that are not paid for with money in the reserve fund established for a class required by subsection 7 (3.1). Subsection 43 (1) of the Act currently requires the treasurer of a municipality to give the council a financial statement eac h year on or before such date as the council of the municipality may direct. The subsection is amended to require the treasurer to give the statement on or before June 30 of the year. Subsection 43 (3) of the Act currently requires the treasurer to give a copy of the financial statement to the Minister on request.

The subsection is amended to require the treasurer to give the copy no later than July 15 of the year in which the statement is provided to council. New subsection 59 (2.2) of the Act requires municipalities to establish local service policies for each service referred to i n subsection 2 (4) in respect of which a by- law imposes a development charge and in respect of which some part of the service will be provided as a local service in accordance with subsection 59 (2). New subsections 59 (2.3) and (2.4) set out the required and optional content, respectively, of a local service policy.

New subsection 59 (2.5) provides that subsection 59 (2) applies in respect of a work for the provision of a local service only to the extent the work is identified as being intended to be a work for the provision of a local service in a local service policy. An exception is provided in new subsection 59 (2.6). New subsecti on 59 (2.7) sets out an application rule respecting subsection 59 (2.5).

New subsection 59 (2.8) provides for the giving of copi es of local service policies to the Minister, and new subsections 59 (2.9) to (2.11) set out requirements respecting the regular review of local service policies by municipalities.

SCHEDULE 4 GO TRANSIT STATION FUNDING ACT, 2023 The GO Transit Station Funding Act, 2023 is amended to permit a transit station charge to be collected in respect of residential developments and to add related provisions.

SCHEDULE 5 HIGHWAY TRAFFIC ACT The

Schedule amends the Highway Traffic Act. A

section is added providing that the Minister may require evidence from an applicant for a licence, permit or certificate respecting the person’s residency in Ontario, legal status in Canada and ability to work with respect to certain classes of driver’s licences or vehicles. A new

section sets out situations in which a municipality shall not reduce or permit a reduction in the number of lanes that are available for use by motor vehicles and makes changes to the related regulation -making powers. Amendments are also made respecting the reimbursement of municipalities that provide support or information respecting the removal or reconfiguration of bicycle lanes required under the Act.

SCHEDULE 6 LOCAL ROADS BOARDS ACT The

Schedule amends the Local Roads Boards Act to enable an owner of prescribed t ax-exempt land in a local roads area to voluntarily pay an amount approved by the Minister to the board of the local roads area to be spent for the purposes of carrying out work. Other related amendments are made regarding record-keeping and the submission of such payments.

SCHEDULE 7 MUNICIPAL ACT, 2001 The

Schedule amends the Municipal Act, 2001 by providing for the transfer of jurisdiction over water and sewage public utilities from The Regional Municipality of Peel to the City of Mississauga, the City of Brampton and the Town of Caledon, within their geographic areas.

SCHEDULE 8 ONTARIO WATER RESOURCES ACT The

Schedule repeals and replaces subsection 53 (6.1) of the Ontario Water Resources Act to add a scenario in which

section 53 applies; namely, in the case where more than one sewage works is located on a lot or parcel of land that is part of an agricultural operation and any of the following circumstances exist: 1. Any of the sewage works has a design capacity in excess of 10,000 litres per day. 2. The sewage works have, in total, a design capacity in excess of 50,000 litres per day. 3. The sewage works serving facilities or buildings that are not used as dwellings by employees of the agricultural operation have, in total, a design capacity in excess of 10,000 litres per day.

SCHEDULE 9 PHOTO CARD ACT, 2008 The Photo Card Act, 2008 is amended to provide that the Minister may require evidence from an applicant for a photo card respecting the person’s residency in Ontario and legal status in Canada.

iii

SCHEDULE 10 PLANNING ACT The

Schedule amends the Planning Act. New subsection 3 (5.1) of the Act provides that a decision of the Minister, other than a part of a decision that applies to land in the Greenbelt Area, is not required to be consistent with policy statements issued under that section. New subsection 16 (18.1) of the Act provides that orders under subsection 17 (9) of the Act apply in certain circumstances, despite paragraph 4 of subsection 16 (18).

Currently, subsection 28 (2) of the Act permits the council of a local municipality or of a prescribed upper-tier municipality to pass a by-law designating a community improvement project area, if there is an official plan in effect in the municipality that contains provisions relating to community improvement. An amendment provides that the subsection no longer applies to prescribed upper -tier municipalities.

The regulation- making power under paragraph 22 of subsection 70.1 (1) of the Act to prescribe upper-tier municipalities for the purposes of subsection 28 (2) is repealed and Ontario Regulation 221/07 is revoked as a result. A new subsection 28 (2.1) provides that the council of an upper -tier municipality may, by by- law, designate any area within the municipality as a community improvement project area.

Subsection 28 (7.2) currently permits the councils of upper -tier municipalities and of lower-tier municipalities to make grants or loans to one another for the purpose of carrying out a community improvement plan. The subsection is amended to remove the requirement that the municipality making the grant or loan must have an official plan that contains provisions relating to the making of such grants or loans.

A new subsection 28 (14) provides that by- laws passed by an upper -tier municipality without planning responsibility that designated a community improvement project area and adopted a community improvement plan and that were in effect on the day before the municipality became an upper -tier municipality without planning responsibility, are deemed to be in effect on the day the new subsection comes into force. New subsections 34 (1.3.1) to (1.3.3) of the Act provide for rules with respect to reducing minimum standards and increasing maximum standards that are found in by -laws passed under

section 34. New subsection 34 (1.5.1) sets out related transition rules. New subsections 47 (1.0.0.1) and (1.0.0.2) of the Act provide that orders made under that

section are not subject to

Part III (Regulations) of the Legislation Act, 2006 after the day the subsection takes effect unless the order is to amend or revoke an order that was made before that date. Similar amendments are likewise made to the Ontario Planning and Development Act, 1994. Subsection 80.1 (2) of the Legislation

Document details

Collection	Ontario — Bills
Citation	p44 s1 bill 60 b060 e.pdf
Type	bill
Volume / chapter	p44 s1 bill 60 b060 e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	5b523f94202a34cd3697bca113a4713e2b8973ed

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