Hazel McCallion Act (Peel Dissolution), 2023 — Bill 112 (43rd Parliament, 1st Session)
Bill 112, 43-1
Ontario — Bills
role="main" class="main-container container js-quickedit-main-content" id="main-content">
Bill 112, Hazel McCallion Act (Peel Dissolution), 2023
Clark, Steve Minister of Municipal Affairs and Housing
Royal Assent received. Statutes of Ontario 2023,
chapter 13
Please select
View bill
Status
Debates
Votes
Royal Assent
Original
Bill 112 Royal Assent (PDF)
EXPLANATORY
NOTE
This
Explanatory Note was written as a reader’s aid to Bill 112 and does not form
part of the law.
Bill 112 has been enacted as
Chapter 13 of the Statutes of Ontario, 2023.
The
Bill enacts the Hazel McCallion Act (Peel Dissolution),
2023 . Here are some highlights of the Act:
Section
2 provides that, on January 1, 2025, The Regional Municipality of Peel is
dissolved and the City of Mississauga, the City of Brampton and the Town of
Caledon are continued as single-tier municipalities.
Section
3 provides for a transition board consisting of members appointed by the
Minister. The transition board must, among other things, provide recommendations
to the Minister respecting the municipal restructuring required for the
purposes of
section 2 and must monitor the actions, duties or decisions of the
councils of the municipalities and their local boards, and those actions that
have been delegated to committees, staff or officers.
Section
5 requires that the municipalities and their local boards, when considering
entering into a transaction, commitment or agreement on or after May 18, 2023
and before January 1, 2025, act in the public interest having regard to the municipal
restructuring required for the purposes of
section 2, including acting in a
manner that does not unreasonably impact another municipality.
Section
6 enables the transition board to direct a municipality or local board to take
certain actions with respect to a transaction, commitment or agreement, or a
proposed transaction, commitment or agreement, if the transition board is of the
opinion that a municipality or local board has acted or proposes to act contrary
section 5. If the municipality or local board, despite the direction from
the transition board, proceeds with the transaction, commitment or agreement or
does not modify or undo the transaction, commitment or agreement, the
transition board may notify the Minister and the Minister may, by order, modify
or terminate the transaction, commitment or agreement or prohibit the
municipality or local board from proceeding with the transaction, commitment or
agreement.
Section
7 provides for immunity from personal liability in specified circumstances for the
members, employees and agents of the transition board and any employee or agent
of a municipality or of its local board who acts under the direction of the
transition board or Minister.
Section
8 enables the Minister to apply to the Superior Court of Justice for an order
requiring a person or entity to comply with any provision of the Act or of a
regulation made under it, a direction of the transition board or an order made
by the Minister.
Section
10 enables the Minister to make regulations that, among other things, govern
the transition board.
Section 11 enables the Lieutenant Governor in Council to
make regulations that are necessary or advisable to facilitate or implement the
municipal restructuring required for the purposes of
section 2. Regulations may
be retroactive to a period before they are filed, but not earlier than May 18,
8. On
January 1, 2025, the Regional Municipality of Peel Act,
2005 is repealed.
Bill 112 2023
Act to provide for the dissolution of The Regional Municipality of Peel
Preamble
The
people of Ontario and their Government:
Respect
and support the effective administration of local governance.
Recognize
that municipalities should be empowered with the tools needed to plan for
population growth, including the tools needed to build more housing options,
and should work together fairly and in good partnership with neighbouring
municipalities.
Understand
that safe communities and the delivery of effective frontline services are key
pillars of local government, including by preserving frontline workers.
Appreciate
the importance of value for money and high-quality services delivered in an
efficient manner for taxpayers.
Acknowledge
that where there are shared assets and services, municipalities should be
treated in an equitable and fair manner whereby all residents, regardless of
where they live, are respected and have access to excellent services.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Interpretation
1 In this Act,
“Minister” means the Minister of Municipal
Affairs and Housing; (“ministre”)
“prescribed” means prescribed by the regulations
made under this Act; (“prescrit”)
“transition board” means the transition board established
under subsection 3 (1). (“conseil de transition”)
Dissolution
(1) The
Regional Municipality of Peel is dissolved on January 1, 2025.
Single-tier
municipalities
(2) The
City of Mississauga, the City of Brampton and the Town of Caledon are continued
as single-tier municipalities on January 1, 2025.
Transition
board
(1) A
transition board is established consisting of up to five members appointed by
the Minister, or up to such other number as may be prescribed.
Chair
(2) The
Minister may designate one of the members of the transition board as chair.
Body
corporate
(3) The
transition board is a body corporate without share capital.
Non-application
of corporate Acts
(4) The
Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the
transition board except, in the case of the Not-for-Profit
Corporations Act, 2010 , as is prescribed by regulation.
Duties
(5) The
transition board shall do the following:
1. Provide
recommendations to the Minister, by the date or dates directed by the Minister,
respecting the municipal restructuring required for the purposes of
section 2,
including recommendations with respect to,
i. winding
down the financial operations of The Regional Municipality of Peel,
ii. transferring
assets of The Regional Municipality of Peel,
iii. assigning
liabilities, debt and other financial obligations of The Regional Municipality
of Peel,
iv. employment
matters, including pension and benefit obligations,
v. the
allocation, governance, use and control of services provided by The Regional
Municipality of Peel, including whether joint municipal service boards or other
entities should be established or other shared servicing arrangements would be
advisable,
vi. the
impact on any municipality that may be affected by the dissolution of The
Regional Municipality of Peel,
vii. the
long-term economic sustainability of the City of Mississauga, the City of
Brampton and the Town of Caledon as single-tier municipalities, and
viii. any
other matters that the board considers advisable or that the Minister may
direct.
2. Monitor,
as the board considers appropriate, the actions, duties or decisions of the
councils of The Regional Municipality of Peel, the City of Mississauga, the
City of Brampton, the Town of Caledon, and their local boards.
3. Monitor,
as the board considers appropriate, the actions, duties or decisions of The
Regional Municipality of Peel, the City of Mississauga, the City of Brampton
and the Town of Caledon that have been delegated to committees, staff or
officers of the municipalities or any of their local boards, as the case may
be.
4. Advise
or report to the Minister on any matter that the Minister considers advisable.
5. Carry
out any other prescribed duties.
Fees,
etc.
(6) The
fees or remuneration paid to the transition board and travelling and other
expenses incurred by the transition board shall be determined by the Minister
and may be apportioned by the Minister from among The Regional Municipality of
Peel, the City of Mississauga, the City of Brampton and the Town of Caledon.
Co-operation,
access to information
(7) The
members of the council 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, shall,
(
a) co-operate
with the transition board and its employees and agents, and assist them in the
performance of their duties and comply with their requests under this Act; and
(
b) on
request, allow any person or entity described in clause (
a) to examine and copy
any document, record or other information in the possession of the member,
employee or agent’s respective municipality or local board.
Power
to require information, etc.
(8) Without
limiting the generality of subsection (7), the transition board has power to,
(
a) require
The Regional Municipality of Peel, the City of Mississauga, the City of Brampton,
the Town of Caledon or local boards of any of those municipalities to,
(
i) furnish
information, records or documents that are in its possession or control,
(ii) create
a new document or record and furnish the document or record,
(iii) update
earlier information furnished under this subsection, and
(iv) provide
support and expertise to the transition board; and
(
b) impose
a deadline for compliance with a requirement under clause (a).
Disclosure
despite privilege
(9) A
person who is required under subsection (7) or (8) to provide information or to
produce documents shall comply with the requirement even if the information or
documents are privileged or confidential.
Sharing
information with the Crown
(10) The
transition board may share any information or documents that it receives under
subsections (7) and (8), including privileged or confidential information, with
the Crown.
waiver of privilege
(11) A
disclosure under subsection (9) or (10) does not constitute a waiver of
privilege.
Duty
to give information
(12) If
the transition board requires any municipality or local board to do anything
under subsection (8), the council of the municipality or the local board, as
the case may be, shall comply with the requirement by the deadline imposed by
the transition board.
Dissolution
of transition board
(13) The
transition board is dissolved on January 31, 2025 or on such later date as the
Minister may prescribe.
Personal
information
(1) A
person who obtains information under subsection 3 (7), (8) or (10), or under
the regulations made under this Act, that is personal information as defined in
the Municipal Freedom of Information and Protection of
Privacy Act shall use and disclose it only for the purposes of this Act.
Example
(2) Without
limiting the generality of subsection (1), the information that may be used or
disclosed under that subsection includes information relating to,
(
a) a
transaction, commitment or agreement or proposed transaction, commitment or
agreement of a municipality or of any of its local boards; or
(
b) anything
done or proposed to be done in connection with the finances of a municipality or
of any of its local boards by,
(
i) a
member of the council of a municipality or of a local board, as the case may be,
(ii) an
employee or agent of a municipality or of a local board, as the case may be.
Offence
(3) A
person who wilfully fails to comply with subsection (1) is deemed to have
contravened clause 48 (1) (
a) of the Municipal Freedom of
Information and Protection of Privacy Act .
Conflict
with FIPPA, MFIPPA
(4) Subsection
(1) applies despite anything in the Freedom of Information
and Protection of Privacy Act or the Municipal
Freedom of Information and Protection of Privacy Act .
Requirement
to consider public interest
The
Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the
Town of Caledon and their local boards shall, when considering entering into
any transaction, commitment or agreement on or after May 18, 2023 and before
January 1, 2025, act in the public interest having regard to the municipal restructuring
required for the purposes of
section 2, including acting in a manner that does
not unreasonably impact another municipality.
Transactions,
commitments, etc.
(1) If
the transition board is of the opinion that The Regional Municipality of Peel,
the City of Mississauga, the City of Brampton, the Town of Caledon or any of
their local boards has acted or proposes to act in a manner that is contrary to
section 5, the transition board,
(
a) shall
notify the relevant municipality or local board; and
(
b) may
direct the municipality or local board to,
(
i) in
the case of a transaction, commitment or agreement that has been completed or
entered into, take steps to modify or undo the effect of the transaction,
commitment or agreement, or,
(ii) in
the case of a proposed transaction, commitment or agreement, to not to proceed
with the transaction, commitment or agreement or to proceed with modifications.
Failure
to comply with direction
(2) If
a municipality or local board receives a direction from the transition board
under subsection (1) and, despite that direction, proceeds with the transaction,
commitment or agreement or does not modify or undo the transaction, commitment
or agreement, the transition board may notify the Minister that the
transition board is of the view that the municipality or the local board has
acted or proposes to act in a manner that is contrary to
section 5.
Minister
order
(3) If
the Minister receives notice from the transition board under subsection (2), the
Minister may, by order,
(
a) in
the case of a transaction, commitment or agreement that has been completed or
entered into, modify or terminate the transaction, commitment or agreement; or
(
b) in
the case of a proposed transaction, commitment or agreement, prohibit The
Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the
Town of Caledon or any of their local boards, as the case may be, from
proceeding with the transaction, commitment or agreement.
Legislation
Act, 2006
(4) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to an order made under subsection (3).
cause of action
(1) No
cause of action arises against any of the transition board’s members or any of
its employees or agents, or any employee or agent of a municipality or of its
local board who acts under the direction of the transition board or Minister,
for any act done in good faith in the exercise or performance or intended
exercise or performance of their powers, duties or functions under this Act or
for any alleged neglect, default or other omission in the exercise or
performance in good faith of their powers, duties or functions.
Proceedings
barred
(2) No
proceeding shall be commenced against any person or entity specified in
subsection (1) in respect of a matter referred to in that subsection.
Employer
liability
(3) Subsection
(1) does not relieve the transition board, a municipality or a local board of
liability to which it would otherwise be subject as a result of the acts or
omissions of a person specified in subsection (1).
Enforcement
(1) The
Minister may apply to the Superior Court of Justice for an order requiring a
person or entity to comply with,
(
a) any
provision of this Act or of a regulation made under it;
(
b) a
direction of the transition board under clause 6 (1) (b); or
(
c) an
order made by the Minister under subsection 6 (3).
Same
(2) Subsection
(1) is additional to, and does not replace, any other available means of enforcement.
compensation
(1) Except
as may be provided under this Act, no person is entitled to compensation as
result of the enactment of this Act, the making of any regulation under this
Act, or any direction, order, determination or other instrument made by the
Minister, the transition board or a delegate of the Lieutenant Governor in
Council under this Act.
expropriation or injurious affection
(2) Nothing
done or not done in accordance with this Act, the regulations under it, or any
instrument referred to in subsection (1) constitutes an expropriation or
injurious affection for the purposes of the Expropriations
Act or otherwise at law.
Regulations
— Minister
(1) The
Minister may make regulations,
(
a) prescribing
anything required to be or referred to in this Act as being prescribed by the
regulations;
(
b) defining
any word or expression used in this Act that has not already been expressly
defined in this Act;
(
c) governing
the transition board, including,
(
i) governing
the composition of the board, terms of office for board members, remuneration
and expenses that board members are entitled to be paid, the filling of
vacancies, quorum requirements and conflicts of interest for board members,
(ii) prescribing
the powers and duties of the board,
(iii) permitting
the board to authorize one or more of its members to exercise a power or
perform a duty on its behalf,
(iv) permitting
the board to hire staff, arrange for facilities and obtain expert services,
including imposing conditions and limitations with respect to such matters, and
(
v) providing
for anything necessary for the dissolution of the board.
Retroactivity
(2) A
regulation made under subsection (1) is, if it so provides, effective with
reference to a period before it was filed, but not earlier than May 18, 2023.
Regulations
— Lieutenant Governor in Council
(1) The
Lieutenant Governor in Council may make regulations that, in the opinion of the
Lieutenant Governor in Council, are necessary or advisable to facilitate or
implement the municipal restructuring required for the purposes of
section 2, including,
without limiting the generality of the foregoing,
(
a) modifying
the application of any Act or regulation with respect to The Regional Municipality
of Peel, the City of Mississauga, the City of Brampton, the Town of Caledon or
their local boards;
(
b) providing
for and governing the transfer of rights, assets, liabilities and obligations
of 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 local
boards, and governing the legal effect of the transfer of such rights, assets,
liabilities and obligations, including, for example,
(
i) providing
for the assumption of operations, activities or affairs of The Regional
Municipality of Peel by a transfer recipient,
(ii) providing
that a transfer is deemed not to constitute a breach, termination, repudiation
or frustration of any agreement, including a contract of employment or
insurance or a collective agreement,
(iii) providing
that a transfer does not create any new cause of action in favour of a holder
of a debt instrument or a party to an agreement, and
(iv) providing
that certain Acts do not apply to a transfer;
(
c) providing
for the allocation, governance, use or control of any joint services, including
joint municipal service boards or other entities, by one or more of the City of
Mississauga, the City of Brampton or the Town of Caledon;
(
d) providing
for any of the matters described in Ontario Regulation 204/03 (Powers of the
Minister or a Commission in Implementing a Restructuring Proposal) made under
the Municipal Act, 2001 , with respect to the municipal
restructuring described in
section 2 of this Act.
Recommendations
of the transition board
(2) For
greater certainty, regulations made under subsection (1) are not limited to
what the transition board recommends under paragraph 1 of subsection 3 (5) and
may be made before the transition board has made any recommendations.
Retroactivity
(3) A
regulation made under subsection (1) is, if it so provides, effective with
reference to a period before it was filed, but not earlier than May 18, 2023.
Same
(4) For
greater certainty, the limitation in subsection (3) does not prevent the making
of a regulation that relates to a contract, relationship, agreement or anything
else mentioned in subsection (1) that arose before May 18, 2023, as long as the
regulation is not deemed to be effective before that date.
Subdelegation
(5) A
regulation made under subsection (1), other than a regulation made under clause
(1) (a), may authorize a person to determine any matter that could be
determined by regulation under subsection (1).
cause of action, etc. against subdelegates
(6) Section
7 applies, with necessary modifications, to anyone acting as authorized by a
regulation made under subsection (1) of this
section in accordance with
subsection (5).
The Regional Municipality of Peel Act, 2005 is
repealed.
Commencement
(1) Except as otherwise provided in this section, this Act comes
into force on the day it receives Royal Assent.
(2) Section
12 comes into force on January 1, 2025.
Short
title
The
short title of this Act is the Hazel McCallion Act
(Peel Dissolution), 2023 .
Bill 112 Original (PDF)
EXPLANATORY
NOTE
The Bill enacts the Hazel McCallion Act (Peel Dissolution), 2023 . Here are
some highlights of the Act:
Section
2 provides that, on January 1, 2025, The Regional Municipality of Peel is
dissolved and the City of Mississauga, the City of Brampton and the Town of
Caledon are continued as single-tier municipalities.
Section
3 provides for a transition board consisting of members appointed by the Minister.
The transition board must, among other things, provide recommendations to the
Minister respecting the municipal restructuring required for the purposes of
section 2 and must monitor the actions, duties or decisions of the councils of
the municipalities and their local boards, and those actions that have been
delegated to committees, staff or officers.
Section
5 requires that the municipalities and their local boards, when considering
entering into a transaction, commitment or agreement on or after May 18, 2023
and before January 1, 2025, act in the public interest having regard to the municipal
restructuring required for the purposes of
section 2, including acting in a
manner that does not unreasonably impact another municipality.
Section
6 enables the transition board to direct a municipality or local board to take
certain actions with respect to a transaction, commitment or agreement, or a
proposed transaction, commitment or agreement, if the transition board is of the
opinion that a municipality or local board has acted or proposes to act
contrary to
section 5. If the municipality or local board, despite the
direction from the transition board, proceeds with the transaction, commitment
or agreement or does not modify or undo the transaction, commitment or
agreement, the transition board may notify the Minister and the Minister may,
by order, modify or terminate the transaction, commitment or agreement or
prohibit the municipality or local board from proceeding with the transaction,
commitment or agreement.
Section
7 provides for immunity from personal liability in specified circumstances for the
members, employees and agents of the transition board and any employee or agent
of a municipality or of its local board who acts under the direction of the
transition board or Minister.
Section
8 enables the Minister to apply to the Superior Court of Justice for an order
requiring a person or entity to comply with any provision of the Act or of a
regulation made under it, a direction of the transition board or an order made
by the Minister.
Section
10 enables the Minister to make regulations that, among other things, govern
the transition board.
Section 11 enables the Lieutenant Governor in Council to
make regulations that are necessary or advisable to facilitate or implement the
municipal restructuring required for the purposes of
section 2. Regulations may
be retroactive to a period before they are filed, but not earlier than May 18,
8. On
January 1, 2025, the Regional Municipality of Peel Act,
2005 is repealed.
Bill 112 2023
Act to provide for the dissolution of The Regional Municipality of Peel
Preamble
The
people of Ontario and their Government:
Respect
and support the effective administration of local governance.
Recognize
that municipalities should be empowered with the tools needed to plan for
population growth, including the tools needed to build more housing options,
and should work together fairly and in good partnership with neighbouring
municipalities.
Understand
that safe communities and the delivery of effective frontline services are key
pillars of local government, including by preserving frontline workers.
Appreciate
the importance of value for money and high-quality services delivered in an
efficient manner for taxpayers.
Acknowledge
that where there are shared assets and services, municipalities should be
treated in an equitable and fair manner whereby all residents, regardless of
where they live, are respected and have access to excellent services.
Therefore,
His Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Interpretation
1 In this Act,
“Minister” means the Minister of Municipal
Affairs and Housing; (“ministre”)
“prescribed” means prescribed by the regulations
made under this Act; (“prescrit”)
“transition board” means the transition board established
under subsection 3 (1). (“conseil de transition”)
Dissolution
(1) The
Regional Municipality of Peel is dissolved on January 1, 2025.
Single-tier
municipalities
(2) The
City of Mississauga, the City of Brampton and the Town of Caledon are continued
as single-tier municipalities on January 1, 2025.
Transition
board
(1) A
transition board is established consisting of up to five members appointed by
the Minister, or up to such other number as may be prescribed.
Chair
(2) The
Minister may designate one of the members of the transition board as chair.
Body
corporate
(3) The
transition board is a body corporate without share capital.
Non-application
of corporate Acts
(4) The
Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the
transition board except, in the case of the Not-for-Profit
Corporations Act, 2010 , as is prescribed by regulation.
Duties
(5) The
transition board shall do the following:
1. Provide
recommendations to the Minister, by the date or dates directed by the Minister,
respecting the municipal restructuring required for the purposes of
section 2,
including recommendations with respect to,
i. winding
down the financial operations of The Regional Municipality of Peel,
ii. transferring
assets of The Regional Municipality of Peel,
iii. assigning
liabilities, debt and other financial obligations of The Regional Municipality
of Peel,
iv. employment
matters, including pension and benefit obligations,
v. the
allocation, governance, use and control of services provided by The Regional
Municipality of Peel, including whether joint municipal service boards or other
entities should be established or other shared servicing arrangements would be
advisable,
vi. the
impact on any municipality that may be affected by the dissolution of The
Regional Municipality of Peel,
vii. the
long-term economic sustainability of the City of Mississauga, the City of
Brampton and the Town of Caledon as single-tier municipalities, and
viii. any
other matters that the board considers advisable or that the Minister may
direct.
2. Monitor,
as the board considers appropriate, the actions, duties or decisions of the
councils of The Regional Municipality of Peel, the City of Mississauga, the
City of Brampton, the Town of Caledon, and their local boards.
3. Monitor,
as the board considers appropriate, the actions, duties or decisions of The
Regional Municipality of Peel, the City of Mississauga, the City of Brampton
and the Town of Caledon that have been delegated to committees, staff or
officers of the municipalities or any of their local boards, as the case may
be.
4. Advise
or report to the Minister on any matter that the Minister considers advisable.
5. Carry
out any other prescribed duties.
Fees,
etc
(6) The
fees or remuneration paid to the transition board and travelling and other
expenses incurred by the transition board shall be determined by the Minister
and may be apportioned by the Minister from among The Regional Municipality of
Peel, the City of Mississauga, the City of Brampton and the Town of Caledon.
Co-operation,
access to information
(7) The
members of the council 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, shall,
(
a) co-operate
with the transition board and its employees and agents, and assist them in the
performance of their duties and comply with their requests under this Act; and
(
b) on
request, allow any person or entity described in clause (
a) to examine and copy
any document, record or other information in the possession of the member,
employee or agent’s respective municipality or local board.
Power
to require information, etc.
(8) Without
limiting the generality of subsection (7), the transition board has power to,
(
a) require
The Regional Municipality of Peel, the City of Mississauga, the City of Brampton,
the Town of Caledon or local boards of any of those municipalities to,
(
i) furnish
information, records or documents that are in its possession or control,
(ii) create
a new document or record and furnish the document or record,
(iii) update
earlier information furnished under this subsection, and
(iv) provide
support and expertise to the transition board; and
(
b) impose
a deadline for compliance with a requirement under clause (a).
Disclosure
despite privilege
(9) A
person who is required under subsection (7) or (8) to provide information or to
produce documents shall comply with the requirement even if the information or
documents are privileged or confidential.
Sharing
information with the Crown
(10) The
transition board may share any information or documents that it receives under
subsections (7) and (8), including privileged or confidential information, with
the Crown.
waiver of privilege
(11) A
disclosure under subsection (9) or (10) does not constitute a waiver of
privilege.
Duty
to give information
(12) If
the transition board requires any municipality or local board to do anything
under subsection (8), the council of the municipality or the local board, as
the case may be, shall comply with the requirement by the deadline imposed by the
transition board.
Dissolution
of transition board
(13) The
transition board is dissolved on January 31, 2025 or on such later date as the
Minister may prescribe.
Personal
information
(1) A
person who obtains information under subsection 3 (7), (8) or (10), or under
the regulations made under this Act, that is personal information as defined in
the Municipal Freedom of Information and Protection of
Privacy Act shall use and disclose it only for the purposes of this Act.
Example
(2) Without
limiting the generality of subsection (1), the information that may be used or
disclosed under that subsection includes information relating to,
(
a) a
transaction, commitment or agreement or proposed transaction, commitment or
agreement of a municipality or of any of its local boards; or
(
b) anything
done or proposed to be done in connection with the finances of a municipality or
of any of its local boards by,
(
i) a
member of the council of a municipality or of a local board, as the case may be,
(ii) an
employee or agent of a municipality or of a local board, as the case may be.
Offence
(3) A
person who wilfully fails to comply with subsection (1) is deemed to have
contravened clause 48 (1) (
a) of the Municipal Freedom of
Information and Protection of Privacy Act .
Conflict
with FIPPA, MFIPPA
(4) Subsection
(1) applies despite anything in the Freedom of Information
and Protection of Privacy Act or the Municipal
Freedom of Information and Protection of Privacy Act .
Requirement
to consider public interest
The
Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the
Town of Caledon and their local boards shall, when considering entering into
any transaction, commitment or agreement on or after May 18, 2023 and before
January 1, 2025, act in the public interest having regard to the municipal restructuring
required for the purposes of
section 2, including acting in a manner that does
not unreasonably impact another municipality.
Transactions,
commitments, etc
(1) If
the transition board is of the opinion that The Regional Municipality of Peel,
the City of Mississauga, the City of Brampton, the Town of Caledon or any of
their local boards has acted or proposes to act in a manner that is contrary to
section 5, the transition board,
(
a) shall
notify the relevant municipality or local board; and
(
b) may
direct the municipality or local board to,
(
i) in
the case of a transaction, commitment or agreement that has been completed or
entered into, take steps to modify or undo the effect of the transaction,
commitment or agreement, or,
(ii) in
the case of a proposed transaction, commitment or agreement, to not to proceed
with the transaction, commitment or agreement or to proceed with modifications.
Failure
to comply with direction
(2) If
a municipality or local board receives a direction from the transition board
under subsection (1) and, despite that direction, proceeds with the transaction,
commitment or agreement or does not modify or undo the transaction, commitment
or agreement, the transition board may notify the Minister that the transition
board is of the view that the municipality or the local board has acted or
proposes to act in a manner that is contrary to
section 5.
Minister
order
(3) If
the Minister receives notice from the transition board under subsection (2), the
Minister may, by order,
(
a) in
the case of a transaction, commitment or agreement that has been completed or
entered into, modify or terminate the transaction, commitment or agreement; or
(
b) in
the case of a proposed transaction, commitment or agreement, prohibit The
Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the
Town of Caledon or any of their local boards, as the case may be, from
proceeding with the transaction, commitment or agreement.
Legislation
Act, 2006
(4) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to an order made under subsection (3).
cause of action
(1) No
cause of action arises against any of the transition board’s members or any of
its employees or agents, or any employee or agent of a municipality or of its
local board who acts under the direction of the transition board or Minister,
for any act done in good faith in the exercise or performance or intended
exercise or performance of their powers, duties or functions under this Act or
for any alleged neglect, default or other omission in the exercise or
performance in good faith of their powers, duties or functions.
Proceedings
barred
(2) No
proceeding shall be commenced against any person or entity specified in
subsection (1) in respect of a matter referred to in that subsection.
Employer
liability
(3) Subsection
(1) does not relieve the transition board, a municipality or a local board of
liability to which it would otherwise be subject as a result of the acts or
omissions of a person specified in subsection (1).
Enforcement
(1) The
Minister may apply to the Superior Court of Justice for an order requiring a
person or entity to comply with,
(
a) any
provision of this Act or of a regulation made under it;
(
b) a
direction of the transition board under clause 6 (1) (b); or
(
c) an
order made by the Minister under subsection 6 (3).
Same
(2) Subsection
(1) is additional to, and does not replace, any other available means of
enforcement.
compensation
(1) Except
as may be provided under this Act, no person is entitled to compensation as
result of the enactment of this Act, the making of any regulation under this
Act, or any direction, order, determination or other instrument made by the
Minister, the transition board or a delegate of the Lieutenant Governor in
Council under this Act.
expropriation or injurious affection
(2) Nothing
done or not done in accordance with this Act, the regulations under it, or any
instrument referred to in subsection (1) constitutes an expropriation or
injurious affection for the purposes of the Expropriations
Act or otherwise at law.
Regulations
— Minister
(1) The
Minister may make regulations,
(
a) prescribing
anything required to be or referred to in this Act as being prescribed by the
regulations;
(
b) defining
any word or expression used in this Act that has not already been expressly
defined in this Act;
(
c) governing
the transition board, including,
(
i) governing
the composition of the board, terms of office for board members, remuneration
and expenses that board members are entitled to be paid, the filling of
vacancies, quorum requirements and conflicts of interest for board members,
(ii) prescribing
the powers and duties of the board,
(iii) permitting
the board to authorize one or more of its members to exercise a power or
perform a duty on its behalf,
(iv) permitting
the board to hire staff, arrange for facilities and obtain expert services,
including imposing conditions and limitations with respect to such matters, and
(
v) providing
for anything necessary for the dissolution of the board.
Retroactivity
(2) A
regulation made under subsection (1) is, if it so provides, effective with
reference to a period before it was filed, but not earlier than May 18, 2023.
Regulations
— Lieutenant Governor in Council
(1) The
Lieutenant Governor in Council may make regulations that, in the opinion of the
Lieutenant Governor in Council, are necessary or advisable to facilitate or
implement the municipal restructuring required for the purposes of
section 2, including,
without limiting the generality of the foregoing,
(
a) modifying
the application of any Act or regulation with respect to The Regional
Municipality of Peel, the City of Mississauga, the City of Brampton, the Town
of Caledon or their local boards;
(
b) providing
for and governing the transfer of rights, assets, liabilities and obligations
of 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 local
boards, and governing the legal effect of the transfer of such rights, assets,
liabilities and obligations, including, for example,
(
i) providing
for the assumption of operations, activities or affairs of The Regional
Municipality of Peel by a transfer recipient,
(ii) providing
that a transfer is deemed not to constitute a breach, termination, repudiation
or frustration of any agreement, including a contract of employment or
insurance or a collective agreement,
(iii) providing
that a transfer does not create any new cause of action in favour of a holder
of a debt instrument or a party to an agreement, and
(iv) providing
that certain Acts do not apply to a transfer;
(
c) providing
for the allocation, governance, use or control of any joint services, including
joint municipal service boards or other entities, by one or more of the City of
Mississauga, the City of Brampton or the Town of Caledon;
(
d) providing
for any of the matters described in Ontario Regulation 204/03 (Powers of the
Minister or a Commission in Implementing a Restructuring Proposal) made under
the Municipal Act, 2001 , with respect to the municipal
restructuring described in
section 2 of this Act.
Recommendations
of the transition board
(2) For
greater certainty, regulations made under subsection (1) are not limited to
what the transition board recommends under paragraph 1 of subsection 3 (5) and
may be made before the transition board has made any recommendations.
Retroactivity
(3) A
regulation made under subsection (1) is, if it so provides, effective with
reference to a period before it was filed, but not earlier than May 18, 2023.
Same
(4) For
greater certainty, the limitation in subsection (3) does not prevent the making
of a regulation that relates to a contract, relationship, agreement or anything
else mentioned in subsection (1) that arose before May 18, 2023, as long as the
regulation is not deemed to be effective before that date.
Subdelegation
(5) A
regulation made under subsection (1), other than a regulation made under clause
(1) (a), may authorize a person to determine any matter that could be
determined by regulation under subsection (1).
cause of action, etc. against subdelegates
(6) Section
7 applies, with necessary modifications, to anyone acting as authorized by a
regulation made under subsection (1) of this
section in accordance with
subsection (5).
The Regional Municipality of Peel Act, 2005 is
repealed.
Commencement
(1) Except as otherwise provided in this section, this Act comes
into force on the day it receives Royal Assent.
(2) Section
12 comes into force on January 1, 2025.
Short
title
The
short title of this Act is the Hazel McCallion Act (Peel Dissolution), 2023 .
Date Bill stage Event Outcome Committee
June 8, 2023
Royal Assent
Royal Assent received
June 6, 2023
Third Reading
Vote
Carried on division
June 5, 2023
Third Reading
Question put
Vote deferred
June 5, 2023
Third Reading
Debated
June 1, 2023
Third Reading
Debated
Debate adjourned
May 31, 2023
Second Reading
Ordered for Third Reading pursuant to the Order of the House
May 31, 2023
Second Reading
Discharge the Order of referral to Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy
May 31, 2023
Second Reading
Time allocated
May 30, 2023
Second Reading
Ordered referred to Standing Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy
May 30, 2023
Second Reading
Vote
Carried on division
May 29, 2023
Second Reading
Question put
Vote deferred
May 29, 2023
Second Reading
Debated
May 18, 2023
First Reading
Ordered for Second Reading
May 18, 2023
First Reading
Vote
Carried
First Reading
May 18, 2023
Carried
Second Reading
May 29, 2023
Principal Debaters
Anand, Deepak
Mississauga—Malton
Bell, Jessica
University—Rosedale
Burch, Jeff
Niagara Centre
Cuzzetto, Rudy
Mississauga—Lakeshore
Fife, Catherine
Waterloo
Fraser, John
Ottawa South
French, Jennifer
Oshawa
Gates, Wayne
Niagara Falls
Grewal, Hardeep
Brampton East
Kusendova-Bashta, Natalia
Mississauga Centre
McGregor, Graham
Brampton North
Rae, Matthew
Perth—Wellington
Rasheed, Hon. Kaleed
Mississauga East—Cooksville
Tangri, Hon. Nina
Mississauga—Streetsville
Taylor, Monique
Hamilton Mountain
Questions and Responses
Armstrong, Teresa
London—Fanshawe
Bourgouin, Guy
Mushkegowuk—James Bay
Coe, Lorne
Whitby
Harden, Joel
Ottawa Centre
Hogarth, Christine
Etobicoke—Lakeshore
Jama, Sarah
Hamilton Centre
Kernaghan, Terence
London North Centre
Khanjin, Andrea
Barrie—Innisfil
Oosterhoff, Sam
Niagara West
Romano, Ross
Sault Ste. Marie
Sattler, Peggy
London West
Saunderson, Brian
Simcoe—Grey
West, Jamie
Sudbury
Williams, Hon. Charmaine
Brampton Centre
Wong-Tam, Kristyn
Toronto Centre
Question put
May 30, 2023
Carried on division
Ordered referred to Standing Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy
May 31, 2023
Time allocated
Discharge the Order of referral to Committee
Standing Committee on Heritage, Infrastructure and Cultural Policy
Ordered for Third Reading pursuant to the Order of the House
Third Reading
June 1, 2023
Principal Debaters
Burch, Jeff
Niagara Centre
Clark, Hon. Steve
Leeds—Grenville—Thousand Islands and Rideau Lakes
Jama, Sarah
Hamilton Centre
McCarthy, Todd
Durham
Rae, Matthew
Perth—Wellington
Sabawy, Sheref
Mississauga—Erin Mills
Shaw, Sandy
Hamilton West—Ancaster—Dundas
Tangri, Hon. Nina
Mississauga—Streetsville
Questions and Responses
Armstrong, Teresa
London—Fanshawe
Bell, Jessica
University—Rosedale
Byers, Rick
Bruce—Grey—Owen Sound
Crawford, Stephen
Oakville
Flack, Rob
Elgin—Middlesex—London
Glover, Chris
Spadina—Fort York
Rakocevic, Tom
Humber River—Black Creek
June 5, 2023
Principal Debaters
Bell, Jessica
University—Rosedale
Coe, Lorne
Whitby
Fife, Catherine
Waterloo
Glover, Chris
Spadina—Fort York
Riddell, Brian
Cambridge
Sarkaria, Hon. Prabmeet Singh
Brampton South
Sattler, Peggy
London West
Saunderson, Brian
Simcoe—Grey
Questions and Responses
Cuzzetto, Rudy
Mississauga—Lakeshore
Dowie, Andrew
Windsor—Tecumseh
Harden, Joel
Ottawa Centre
Hogarth, Christine
Etobicoke—Lakeshore
Khanjin, Andrea
Barrie—Innisfil
Lecce, Hon. Stephen
King—Vaughan
McGregor, Graham
Brampton North
Oosterhoff, Sam
Niagara West
Rae, Matthew
Perth—Wellington
Romano, Ross
Sault Ste. Marie
Vaugeois, Lise
Thunder Bay—Superior North
Question put
June 6, 2023
Carried on division
Royal Assent
June 8, 2023
Royal Assent received
Vote on third reading - Carried (June 6, 2023)
Ayes
(75) Aris Babikian
Robert Bailey
Patrice Barnes
Hon. Peter Bethlenfalvy
Stephen Blais
Will Bouma
Ric Bresee
Rick Byers
Hon. Paul Calandra
Hon. Raymond Sung Joon Cho
Lorne Coe
Lucille Collard
Hon. Stephen Crawford
Rudy Cuzzetto
Jess Dixon
Andrew Dowie
Hon. Doug Downey
Hon. Jill Dunlop
Hon. Victor Fedeli
Hon. Rob Flack
Hon. Doug Ford
Michael D. Ford
Dawn Gallagher Murphy
Parm Gill
Hardeep Singh Grewal
Hon. Ernie Hardeman
Hon. Mike Harris
Christine Hogarth
Hon. Kevin Holland
Ted Hsu
Hon. Sylvia Jones
Hon. Trevor Jones
John Jordan
Logan Kanapathi
Hon. Michael S. Kerzner
Hon. Andrea Khanjin
Hon. Natalia Kusendova-Bashta
Anthony Leardi
Hon. Stephen Lecce
Hon. Neil Lumsden
Robin Martin
Hon. Todd J. McCarthy
Hon. Graham McGregor
Monte McNaughton
Hon. Caroline Mulroney
Hon. Sam Oosterhoff
Billy Pang
Hon. Michael Parsa
Natalie Pierre
Hon. George Pirie
Hon. Nolan Quinn
Matthew Rae
Kaleed Rasheed
Hon. Greg Rickford
Brian Riddell
Ross Romano
Sheref Sabawy
Amarjot Sandhu
Stéphane Sarrazin
Brian Saunderson
Mike Schreiner
Hon. Laurie Scott
Adil Shamji
Hon. Donna Skelly
Dave Smith
David Smith
Hon. Graydon Smith
Laura Smith
Todd Smith
Hon. Kinga Surma
Hon. Nina Tangri
Effie J. Triantafilopoulos
Daisy Wai
Hon. Charmaine A. Williams
John Yakabuski
Nays
(23) Doly Begum
Jessica Bell
Jeff Burch
Catherine Fife
Jennifer K. French
Wayne Gates
France Gélinas
Chris Glover
Joel Harden
Terence Kernaghan
Sol Mamakwa
Chandra Pasma
Tom Rakocevic
Peggy Sattler
Sandy Shaw
Jennifer (Jennie) Stevens
Marit Stiles
Peter Tabuns
Monique Taylor
John Vanthof
Lise Vaugeois
Jamie West
Kristyn Wong-Tam
Vote on second reading - Carried (May 30, 2023)
Ayes
(73) Deepak Anand
Aris Babikian
Robert Bailey
Patrice Barnes
Stephen Blais
Will Bouma
Stephanie Bowman
Bobbi Ann Brady
Rick Byers
Hon. Paul Calandra
Hon. Raymond Sung Joon Cho
Lorne Coe
Lucille Collard
Hon. Stephen Crawford
Rudy Cuzzetto
Jess Dixon
Hon. Doug Downey
Hon. Jill Dunlop
Hon. Rob Flack
Hon. Doug Ford
Michael D. Ford
John Fraser
Dawn Gallagher Murphy
Goldie Ghamari
Parm Gill
Hardeep Singh Grewal
Hon. Ernie Hardeman
Hon. Mike Harris
Christine Hogarth
Hon. Sylvia Jones
Hon. Trevor Jones
John Jordan
Logan Kanapathi
Hon. Michael S. Kerzner
Hon. Andrea Khanjin
Hon. Natalia Kusendova-Bashta
Anthony Leardi
Hon. Stephen Lecce
Lisa MacLeod
Robin Martin
Hon. Todd J. McCarthy
Hon. Graham McGregor
Mary-Margaret McMahon
Monte McNaughton
Hon. Caroline Mulroney
Hon. Sam Oosterhoff
Billy Pang
Hon. Michael Parsa
Natalie Pierre
Hon. Nolan Quinn
Kaleed Rasheed
Hon. Greg Rickford
Brian Riddell
Ross Romano
Sheref Sabawy
Amarjot Sandhu
Hon. Prabmeet Singh Sarkaria
Stéphane Sarrazin
Brian Saunderson
Mike Schreiner
Hon. Laurie Scott
Hon. Donna Skelly
Dave Smith
David Smith
Hon. Graydon Smith
Laura Smith
Hon. Kinga Surma
Hon. Nina Tangri
Hon. Vijay Thanigasalam
Hon. Lisa M. Thompson
Effie J. Triantafilopoulos
Daisy Wai
Hon. Charmaine A. Williams
Nays
(26) Teresa J. Armstrong
Jessica Bell
Guy Bourgouin
Jeff Burch
Catherine Fife
Jennifer K. French
Wayne Gates
France Gélinas
Chris Glover
Lisa Gretzky
Joel Harden
Sarah Jama
Bhutila Karpoche
Terence Kernaghan
Sol Mamakwa
Chandra Pasma
Tom Rakocevic
Peggy Sattler
Sandy Shaw
Jennifer (Jennie) Stevens
Marit Stiles
Peter Tabuns
Monique Taylor
John Vanthof
Jamie West
Kristyn Wong-Tam
Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.
Back to top