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Bill 240, Peel Transition Implementation Act, 2024

Calandra, Hon. Paul Minister of Municipal Affairs and Housing

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Bill 240 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT

The

Schedule amends the Ministry of Municipal Affairs and

Housing Act .

Currently,

subsection 12 (2) of the Act provides that the Minister may appoint the Provincial

Land and Development Facilitator and up to four Deputy Facilitators and fix

their terms of reference. The subsection is amended to change the number of

Deputy Facilitators that the Minister may appoint from four to six.

SCHEDULE 2

MUNICIPAL ACT, 2001

The

Schedule amends the Municipal Act, 2001 .

New

section 53.1 provides for the transfer of jurisdiction or joint jurisdiction

over highways, including bridges under

section 54, and jurisdiction over public

utilities collecting the storm water that drains from those highways from The

Regional Municipality of Peel to the City of Mississauga, the City of Brampton

and the Town of Caledon, based on where those highways and public utilities are

located. The transfer is to occur on July 1, 2026 or on a day prescribed by the

Minister.

Section

453 is amended to give the Minister authority to make regulations which, in the

opinion of the Minister, are necessary or desirable to facilitate the transfer

of jurisdiction or joint jurisdiction over highways and jurisdiction over

public utilities collecting the storm water that drains from those highways

under

section 53.1 and jurisdiction over waste management under

section 469.1.

New

section 469.1 provides that the City of Mississauga has jurisdiction over waste

collection within its geographic area in The Regional Municipality of Peel and

over the community recycling centres located at 1126 Fewster Drive and 2255

Battleford Road on July 1, 2026 or on a day prescribed by the Minister.

New

section 474.10.1.1 protects the Crown, The Regional Municipality of Peel, the

City of Mississauga, the City of Brampton and the Town of Caledon from

liability for things listed in clauses 474.10.1.1 (1) (

a) to (e), whether the

cause of action on which a proceeding is purportedly based arose before, on or

after the day the Peel Transition Implementation Act,

2024 comes into force.

Bill 240 2024

Act to make statutory amendments respecting the transfer of jurisdiction within

The Regional Municipality of Peel and the appointment of Deputy Provincial Land

and Development Facilitators

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Ministry

of Municipal Affairs and Housing Act

Schedule 2

Municipal

Act, 2001

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2 and 3 and

the Schedules to this Act.

Commencement

(1) Except as otherwise provided in this

section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at different

times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Peel

Transition Implementation Act, 2024 .

SCHEDULE 1

MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT

Subsection 12 (2) of the Ministry of Municipal Affairs and

Housing Act is amended by striking out “four” and substituting “six”.

Commencement

This

Schedule comes into force on the day the Peel Transition

Implementation Act, 2024 receives Royal Assent.

SCHEDULE 2

MUNICIPAL ACT, 2001

Items 1 and 4e of the Table to

section 11 of the Municipal

Act, 2001 are amended by striking out “All upper-tier municipalities”

under the heading “Upper-tier Municipality(ies) to which Part of Sphere

Assigned” and substituting in each case “All upper-tier municipalities except

Peel”.

Section 52 of the Act is amended by adding the following subsection:

Exception

(8) This

section does not apply to The Regional Municipality of Peel.

Section 53 of the Act is amended by adding the following subsection:

Effect

of transfer

(2) The

operation of clause (1) (

a) does not constitute a breach, termination,

frustration or repudiation of an agreement, or an event of default or force

majeure.

The Act is amended by adding the following section:

Transfer

of jurisdiction re Regional Municipality of Peel

53.1

(1) The

jurisdiction or joint jurisdiction of The Regional Municipality of Peel over

highways, including bridges under

section 54, and the jurisdiction over public

utilities collecting the storm water that drains from those highways that are within

the geographic area of the City of Mississauga, the City of Brampton and the

Town of Caledon is transferred, as of the date prescribed by the Minister, to

the lower-tier municipality in which the highway and the public utilities are

located.

no date prescribed

(2) If

the Minister does not prescribe a date before July 1, 2026, the transfer of

jurisdiction or joint jurisdiction under subsection (1) occurs on that day.

Lower-tier

municipality stands in place of Peel

(3) On

the day that the jurisdiction or joint jurisdiction over highways, including

bridges under

section 54, and the jurisdiction over public utilities collecting

the storm water that drains from those highways is transferred to the City of

Mississauga, the City of Brampton or the Town of Caledon under subsection (1),

the lower-tier municipality to which jurisdiction has been transferred stands

in the place of The Regional Municipality of Peel under any agreement in

respect of the highways, bridges under

section 54 and public utilities

collecting the storm water that drains from those highways.

Effect

of transfer

(4) The

operation of subsection (3) does not constitute a breach, termination,

frustration or repudiation of an agreement, or an event of default or force

majeure.

Section 453 of the Act is amended by adding the following subsections:

Regulations

to facilitate transfer, Region of Peel

(1.1) The

Minister may make regulations which, in the opinion of the Minister, are

necessary or desirable to facilitate the transfer of jurisdiction or joint

jurisdiction over highways, including bridges under

section 54, and

jurisdiction over public utilities collecting the storm water that drains from

those highways under

section 53.1 and jurisdiction over waste management under

section 469.1.

Same

(1.2) Without

limiting the generality of subsection (1.1), the Minister may make regulations,

(

a) providing

for and governing the transfer of rights, assets, liabilities and obligations

from The Regional Municipality of Peel and its local boards to the City of

Mississauga, the City of Brampton, the Town of Caledon or any of their

respective local boards, and governing the legal effect of the transfer of such

rights, assets, liabilities and obligations;

(

b) terminating,

suspending or amending all or part of an agreement to which The Regional

Municipality of Peel, the City of Mississauga, the City of Brampton, the Town

of Caledon or any of their respective local boards are a party;

(

c) providing

for financial adjustments among The Regional Municipality of Peel, the City of

Mississauga, the City of Brampton, the Town of Caledon or any of their

respective local boards;

(

d) taking

any action with respect to operational matters, including employment matters,

and requiring The Regional Municipality of Peel, the City of Mississauga, the

City of Brampton or the Town of Caledon to conduct work or to provide goods,

services or payments to another municipality;

(

e) requiring

the members of councils of The Regional Municipality of Peel, the City of

Mississauga, the City of Brampton and the Town of Caledon, and the employees

and agents of those municipalities and the members, employees and agents of

each local board of those municipalities to co-operate with the Provincial Land

and Development Facilitator in the performance of its duties as specified by

the Minister;

(

f) requiring

The Regional Municipality of Peel, the City of Mississauga, the City of

Brampton or the Town of Caledon to provide to the Minister or Provincial Land

and Development Facilitator an existing record or a new record created by the

municipality, which may include privileged or confidential information, and addressing

the legal effect of disclosing such information;

(

g) establishing a process to monitor the

actions, duties and decisions of The Regional Municipality of Peel, the City of

Mississauga, the City of Brampton and the Town of Caledon until the day on

which the transfer of jurisdiction occurs;

(

h) establishing conditions or standards

that The Regional Municipality of Peel, the City of Mississauga, the City of

Brampton and the Town of Caledon must meet before entering into an agreement

that may have an impact on the transfer of jurisdiction;

(

i) in

a case of non-compliance with a regulation made under clause (h), authorizing

the Minister to make an order requiring the municipalities to do anything that

is described in the regulation; and

(

j) prescribing

a date for the purposes of sections 53.1 and 469.1.

Retroactivity

(1.3) A

regulation made under subsection (1.1) or (1.2) is, if it so provides,

effective with reference to a period before it was filed, but not earlier than

December 12, 2024.

Same

(1.4) For

greater certainty, subsection (1.3) may have the effect of modifying or

extinguishing any right, obligation or interest acquired or accrued before the

regulation was filed.

The Act is amended by adding the following section:

Waste

re Regional Municipality of Peel

469.1

(1) The City

of Mississauga has, as of the date prescribed by the Minister, jurisdiction

over waste collection within its geographic area in The Regional Municipality

of Peel and over the community recycling centres, including any personal

property associated with waste collection, located at 1126 Fewster Drive and

2255 Battleford Road in the City of Mississauga.

no date prescribed

(2) If

the Minister does not prescribe a date before July 1, 2026, the City of

Mississauga has jurisdiction under subsection (1) on that day.

City

of Mississauga stands in place of Peel

(3) On

the day that jurisdiction over waste collection is transferred to the City of

Mississauga under subsection (1), the City of Mississauga stands in the place

of The Regional Municipality of Peel under any agreement in respect of waste

collection.

Effect

of transfer

(4) The

operation of subsection (3) does not constitute a breach, termination,

frustration or repudiation of an agreement, or an event of default or force

majeure.

The Act is amended by adding the following section:

Transfer

of jurisdiction in Peel Region, immunity from liability

474.10.1.1

(1) No cause

of action arises against the Crown, The Regional Municipality of Peel, the City

of Mississauga, the City of Brampton, the Town of Caledon, any current or

former member of the Executive Council or any current or former employee,

officer or agent of or advisor to the Crown, or The Regional Municipality of

Peel, the City of Mississauga, the City of Brampton or the Town of Caledon as a

direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of

section 53.1, subsection 453

(1.1), (1.2), (1.3) or (1.4) and

section 469.1 by

Schedule 2 to the Peel Transition Implementation Act, 2024 ;

(

b) the

making, amendment or revocation of any provision of a regulation made under

subsection 453 (1.1), (1.2) or (1.3);

(

c) anything

done or not done in accordance with any provisions referred to in clause (

a) or

any regulations referred to in clause (b);

(

d) any

modification, revocation, cessation or termination of rights in real property,

contractual rights or other rights resulting from anything referred to in

clauses (

a) to (c); or

(

e) any

representation or other conduct that is related, directly or indirectly, to

anything referred to in clauses (

a) to (c), whether the representation or other

conduct occurred before or after this subsection came into force.

remedy

(2) Except

as otherwise provided under this Act, no costs, compensation or damages,

including for loss of revenues or loss of profit, are owing or payable to any

person and no remedy, including but not limited to a remedy in contract,

restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any

equitable remedy or any remedy under any statute, is available to any person in

connection with anything referred to in subsection (1) against any person

referred to in that subsection.

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person

referred to in that subsection.

Application

(4) Subsection

(3) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, injunction,

declaratory relief or the enforcement of a judgment, order or award made

outside Ontario.

Retrospective

effect

(5) Subsections

(1) to (4) apply regardless of whether the cause of action on which a

proceeding is purportedly based arose before, on or after the day the Peel Transition Implementation Act, 2024 comes into

force.

costs awarded

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (1).

expropriation or injurious affection

(7) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings

by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Peel Transition

Implementation Act, 2024 receives Royal Assent.

(2) Section

2 is deemed to have come into force on December 12, 2024.

(3) Section

1 comes into force on a day to be named by proclamation of the Lieutenant

Governor.

Date Bill stage Event Outcome Committee

December 12, 2024

First Reading

Ordered for Second Reading

December 12, 2024

First Reading

Vote

Carried

First Reading

December 12, 2024

Carried

Ordered for Second Reading