Ontario Bill 98 (44th Parliament, 1st Session)
Bill 98, 44-1
Ontario — Bills
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Bill 98, Building Homes and Improving Transportation Infrastructure Act, 2026
Flack, Hon. Rob Minister of Municipal Affairs and Housing
Current status:
Royal Assent received. Statutes of Ontario 2026,
chapter 8
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Bill 98 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 98 and does not form part of the law.
Bill 98 has been enacted as
Chapter 8 of the Statutes of Ontario, 2026.
SCHEDULE 1
BUILDING CODE ACT, 1992
The
Schedule amends the Building Code Act, 1992 and
makes related amendments to a number of other Acts. Here are some of the
highlights:
1. The
Building Code Act, 1992 is amended to clarify that
standards for the protection or conservation of the environment are included in
the meaning of municipal by-laws respecting the construction or demolition of
buildings for the purposes of
section 35 of the Act.
2. The
City of Toronto Act, 2006 and the Planning Act are amended to clarify that standards for
the protection or conservation of the environment are included in the meaning
of manner of construction and standards for construction for the purposes of
matters not subject to site plan control.
Section
97.1 of the Municipal Act, 2001 and
section 108.1
of the City of Toronto Act, 2006 , which relate to
by-laws respecting the protection and conservation of the environment, are
repealed.
SCHEDULE 2
CITY OF TORONTO ACT, 2006
The
Schedule amends the City of Toronto Act, 2006 .
Various
amendments are made to
section 114, among other things to remove references to
“sustainable design”, to provide that the City cannot require an owner of land
to provide electric vehicle supply equipment in connection with off-street
vehicular parking facilities and to prevent the City, despite subsection
(11) of that section, from imposing requirements related to prescribed matters.
SCHEDULE 3
DEVELOPMENT CHARGES ACT, 1997
The
Schedule amends the Development Charges Act, 1997 .
New
section 4.5 provides that non-profit retirement home developments are exempt
from development charges.
The
Schedule also makes a small number of technical amendments to correct errors in
cross-references.
SCHEDULE 4
FARE ALIGNMENT AND SEAMLESS TRANSIT ACT, 2026
The
Schedule enacts the Fare Alignment and Seamless Transit
Act, 2026 . The major elements are set out below.
The
Minister of Transportation is given the power to make regulations establishing
a fare structure for transit systems that are prescribed by the regulations
made under the Act. These regulations may set fare prices, establish discount
policies, establish transfer policies and address other related matters.
Prescribed
transit systems are also required to participate in a unified fare payment
system approved by the Minister.
The
Minister may prescribe geographic zones. Transit systems that are designated in
relation to that zone must apportion fares among the other systems designated
in relation to that zone in accordance with the regulations.
The
Minister may also make regulations designating new and existing routes as
priority routes, prescribing service standards for those routes and
establishing related service integration requirements.
Prescribed
specialized transit systems that provide services designed to transport persons
with disabilities must participate in a unified trip booking system approved by
the Minister. These transit systems must also provide transportation to persons
with disabilities to a prescribed distance outside of their primary service
area.
Sections
10 to 12 set out various obligations relating to the provision of information
and data to the Minister and Metrolinx.
Section
13 extinguishes various causes of action related to the provisions of this Act.
Section
16 establishes various regulation-making powers for the Minister and for the
Lieutenant Governor in Council.
SCHEDULE 5
METROLINX ACT, 2006
The
Schedule amends the Metrolinx Act, 2006 to create a
new process under which Metrolinx may notify a chief building official of a
proposal to construct or demolish a building associated with a provincial
transit project.
The
new
section 40 sets out requirements respecting the submission of forms and
information and the preparation of a report by the chief building official. The
section also provides rules respecting inspections and opinions on occupancy
and provides for immunity for certain persons, including the chief building
inspector, when executing their powers and duties in good faith. A related
extinguishment of a cause of action and regulation‑making powers are
added.
SCHEDULE 6
MUNICIPAL ACT, 2001
The
Schedule repeals and remakes
section 93 of the Municipal
Act, 2001 . New subsection 93 (1) of the Act provides that no person
shall construct, maintain or operate a water or sewage public utility without
first applying for and obtaining the consent of the municipality. Under new
subsection 93 (2) of the Act, a municipality that receives an application may
provide consent to the application. However, if a regulation is made under
section 93 of the Act prescribing criteria or conditions, the municipality shall
provide consent to the applicant as required by clause 93 (2) (
b) of the Act.
Where a municipality provides consent under clause 93 (2) (
b) of the Act,
subsections 93 (3) and (4) apply. New subsection 93 (5) of the Act provides
regulation-making authority to the Lieutenant Governor in Council.
SCHEDULE 7
PLANNING ACT
The
Schedule makes various amendments to the Planning Act .
Here are some highlights:
1. Amendments
are made to provide that the County of Simcoe can become an upper-tier
municipality without planning responsibilities in relation to lands in
different lower-tier municipalities at different times. Related amendments are
made to
section 70.13 of the Act.
2. Various
amendments are made to
section 16 of the Act, including the following:
i. Subsections
16 (1) and (2) of the Act are repealed and replaced with new provisions
addressing the contents of an official plan. New
section 16.0.1 sets out the
transition from the former official plan framework to the new official plan
framework.
ii. Subsection
16 (14) of the Act is repealed so that an official plan is no longer required
to contain goals, objectives and actions to mitigate greenhouse gas emissions
and to provide for adaptation to a changing climate.
iii. Subsection
16 (18) of the Act is amended and subsection 16 (18.1) of the Act is repealed
to change the circumstances in which an order under subsection 17 (9) of the
Act does not apply to an official plan amendment related to a protected major
transit station area.
3. New
subsection 34 (1.1.1) is added to provide that a zoning by-law cannot require
the owner or occupant of a building or structure to provide and maintain
electric vehicle supply equipment in connection with parking facilities. A
related amendment is made to
section 41 of the Act.
4. Subsection
34 (3.1) is re-enacted and new subsections 34 (3.2) and (3.3) are added to
limit the ability of zoning by-laws to require the minimum area of a parcel of
urban residential land that is not in the Greenbelt Area to be greater than the
prescribed area and to regulate minimum lot frontage or minimum depth of a
parcel in such a way as to require the parcel to be greater than the prescribed
area.
5. Amendments
are made to
section 41 of the Act to remove references to “sustainable design”.
A new subsection 41 (9.3) is also added to prevent municipalities from imposing
requirements related to prescribed matters. Related amendments are made to
section 47 of the Act.
6. Various
amendments are made to
section 42 of the Act, including for the following
purposes:
i. To
broaden the authority of municipalities to require agreements when they accept
certain lands identified by the owner of the lands for park or other public
recreational purposes.
ii. To
ensure the validity of easements intended to allow land to be used for park or
other public recreational purposes.
iii. To
enable an owner who has not received notice of a refusal to accept the
conveyance of the identified lands within 90 days to appeal to the Ontario Land
Tribunal.
iv. To
provide a rule for how certain lands are counted towards any requirement set
out in a by-law under the
section when ordered by the Tribunal to be conveyed
to the municipality.
SCHEDULE 8
SAFE DRINKING WATER ACT, 2002
The
Schedule amends the Safe Drinking Water Act, 2002 .
The definition of municipal drinking water system in subsection 2 (1) of the
Act is amended to include a drinking water system owned by a corporation
designated as a water and wastewater public corporation. New subsections 53
(5.1) and (5.2) of the Act provide for deemed consents under that section.
SCHEDULE 9
WATER AND WASTEWATER PUBLIC CORPORATIONS ACT, 2025
The
Schedule makes various amendments to the Water and
Wastewater Public Corporations Act, 2025 . Some of the major elements of
the
Schedule are described below.
Section
9 is amended to provide that the shares of a water and wastewater public
corporation can only be issued to a municipality, the Province of Ontario, the
water and wastewater public corporation can only sell or transfer the shares of
the corporation to those persons.
new
section 9.1 prohibits a water and wastewater public corporation from
transferring part or all of an asset used to provide water and sewage services
unless the board of directors of the corporation has declared, by resolution,
that the asset is no longer needed for the purposes of providing those
services.
Amendments
are made to
section 10 to provide that a transfer by-law shall not transfer
liabilities, rights or obligations arising under certain debt-related financial
instruments or agreements and to specify the legal effect of a transfer under a
transfer by-law.
new
section 10.1 sets out rules about the continuity of employment for
employees who are transferred to a water and wastewater public corporation
under a transfer by-law.
New
subsection 20 (6) authorizes the Minister to make regulations specifying the
legal effect of a transfer under a transfer by-law or of the transfer by-law
itself, including their effect on existing rights or obligations.
New
subsection 20 (7) authorizes the Minister to make regulations requiring
specified parties to enter into agreements or to modify, terminate, extend or
suspend any agreements. The Minister is also authorized to make regulations
modifying, terminating, extending or suspending any agreements.
Bill 98 2026
Act to enact the Fare Alignment and Seamless Transit Act, 2026 and to amend
various Acts
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule 1
Building
Code Act, 1992
Schedule 2
City
of Toronto Act, 2006
Schedule 3
Development
Charges Act, 1997
Schedule 4
Fare
Alignment and Seamless Transit Act, 2026
Schedule 5
Metrolinx
Act, 2006
Schedule 6
Municipal
Act, 2001
Schedule 7
Planning
Act
Schedule 8
Safe
Drinking Water Act, 2002
Schedule 9
Water
and Wastewater Public Corporations Act, 2025
Preamble
The
Government of Ontario is committed to building strong, resilient communities
across the province by:
Removing
barriers to new homes and infrastructure development.
Improving
transportation options to help get people moving across Ontario faster and more
conveniently.
Therefore,
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 of its provisions are to come into
force on a day to be named by order of the Lieutenant Governor in Council, an
order may apply to one or more of those provisions, and orders may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Building Homes and Improving Transportation Infrastructure Act,
2026 .
SCHEDULE 1
BUILDING CODE ACT, 1992
Paragraphs 39.4 and 39.5 of subsection 34 (1) of the Building
Code Act, 1992 are repealed.
Section 35 of the Act is amended by adding the following subsection:
Environmental
standards
(4) For
greater certainty, municipal by-laws respecting the construction or demolition
of buildings referred to in subsection (1) include municipal by-laws that
prescribe construction standards for the protection or conservation of the
environment.
Related Amendments
City
of Toronto Act
Section 108.1 of the City of Toronto Act, 2006 is
repealed.
(1) Subparagraph 2 iv of subsection 114 (5) of the Act is repealed.
(2) Paragraph
1.1 of subsection 114 (6) of the Act is amended by striking out “or is a matter
referred to in subparagraph 2 iv of subsection (5)” at the end.
(3) Paragraph
3 of subsection 114 (6) of the Act is amended by striking out “construction
standards” at the end and substituting “standards for construction”.
(4) Section
114 of the Act is amended by adding the following subsection:
Environmental
standards
(6.2) For
greater certainty, the manner of construction and standards for construction
referred to in paragraph 3 of subsection (6) includes standards for the
protection or conservation of the environment.
Modernizing
Ontario’s Municipal Legislation Act, 2017
Section 10 of
Schedule 2 to the Modernizing Ontario’s
Municipal Legislation Act, 2017 is repealed.
Municipal
Act, 2001
Section 97.1 of the Municipal Act, 2001 is
repealed.
Planning
Act
(1) Subparagraph 2 (
d) of subsection 41 (4) of the Planning Act is repealed.
(2) Paragraph
1.1 of subsection 41 (4.1) of the Act is amended by striking out “or is a
matter referred to in subparagraph 2 (
d) of subsection (4)” at the end.
(3) Section
41 of the Act is amended by adding the following subsection:
Environmental
standards
(4.1.2) For
greater certainty, the manner of construction and standards for construction
referred to in paragraph 3 of subsection (4.1) includes standards for the
protection or conservation of the environment.
(1) Sub-subparagraph 1 ii D of subsection 47 (4.4) of the Act is
repealed.
(2) Paragraph
3 of subsection 47 (4.11) of the Act is amended by striking out “construction
standards” at the end and substituting “standards for construction”.
(3) Section
47 of the Act is amended by adding the following subsection:
Environmental
standards
(4.11.1) For
greater certainty, the manner of construction and standards for construction
referred to in paragraph 3 of subsection (4.11) includes standards for the
protection or conservation of the environment.
Commencement
Commencement
This
Schedule comes into force on the day the Building
Homes and Improving Transportation Infrastructure Act, 2026 receives
Royal Assent.
SCHEDULE 2
CITY OF TORONTO ACT, 2006
Subsection 113 (1) of the City of Toronto Act, 2006
is repealed.
(1) Subparagraph 2 v of subsection 114 (5) of the Act is repealed
and the following substituted:
v. the
elements on any adjoining highway under the City’s jurisdiction, including
trees, shrubs, hedges, plantings or other ground cover, paving materials,
street furniture, curb ramps, waste and recycling containers and bicycle
parking facilities, if an official plan and a by-law passed under subsection
(2) that both contain provisions relating to such matters are in effect in the
City, but only to the extent that such elements are necessary to address
and
(2) Subsection
114 (6.1) of the Act is amended by striking out “sustainable design”.
(3) Subclause
114 (11) (a) (iii) of the Act is amended by adding “subject to subsection
(13.1)” at the beginning.
(4) Section
114 of the Act is amended by adding the following subsections:
Limitation
on requirement re parking facilities
(13.1) An
owner of land may not be required by the City, under subclause (11) (a) (iii),
to provide electric vehicle supply equipment in connection with off-street
vehicular parking facilities.
Limitation,
prescribed matters
(13.2) With
respect to an application made on or after the day a regulation made pursuant
to this subsection comes into force, despite subsection (11), the City may not
impose requirements respecting prescribed matters.
Paragraph 8 of subsection 226.4 (3) of the Act is amended by striking out “ Police Services Act ” and substituting “ Community Safety and Policing Act, 2019 ”.
Commencement
This
Schedule comes into force on the day the Building
Homes and Improving Transportation Infrastructure Act, 2026 receives
Royal Assent.
SCHEDULE 3
DEVELOPMENT CHARGES ACT, 1997
The Development Charges Act, 1997 is amended by
adding the following section:
Exemption
for non-profit retirement home development
Definition
4.5
(1) In this
section,
“non-profit
retirement home development” means the development of a building or structure
intended for use as a retirement home, as defined in subsection 2 (1) of the Retirement Homes Act, 2010 , and developed by,
(
a) a
corporation to which the Not-for-Profit Corporations Act,
2010 applies, that is in good standing under that Act, or
(
b) a
corporation without share capital to which the Canada
Not-for-profit Corporations Act applies, that is in good standing under
that Act.
Exemption
(2) A
non-profit retirement home development is exempt from development charges.
Transition
(3) Subsection
(2) does not apply with respect to a development charge that is payable before
the day
section 1 of
Schedule 3 to the Building Homes and
Improving Transportation Infrastructure Act, 2026 comes into force.
Same
(4) For
greater certainty, subsection (2) applies to future instalments that would have
been payable in accordance with
section 26.1 after the day
section 1 of
Schedule 3 to the Building Homes and Improving
Transportation Infrastructure Act, 2026 comes into force.
Paragraphs 1 and 2 of subsection 52 (3.1) of the Act are repealed and the
following substituted:
1. Subsection
26.1 (3) or (3.1), as applicable.
2. Subsections
26.1 (5) and (6).
Commencement
This
Schedule comes into force on the day the Building
Homes and Improving Transportation Infrastructure Act, 2026 receives
Royal Assent.
Schedule 4
Fare Alignment and Seamless Transit Act, 2026
CONTENTS
PART I
INTERPRETATION
Purposes
Definitions
PART II
TRANSIT REQUIREMENTS
Compliance with Requirements
Compliance
with requirements
Prescribed transit systems
Fare
structure
Participation
in unified fare payment system
Apportionment
of fares
Service
integration for priority routes
Prescribed specialized transit systems
Unified
trip booking system
Cross-boundary
services for persons with disabilities
Information and Data
Report
to the Minister
Request
for information regarding services and fares
Information
or data directive
PART III
MISCELLANEOUS
Extinguishment
of causes of action
establishment of private law right, duty
Conflict
with The Railways Act or the City of Toronto Act, 2006
PART IV
REGULATIONS
Regulations
PART V
COMMENCEMENT AND
SHORT TITLE
Commencement
Short
title
PART I
INTERPRETATION
Purposes
1 The purposes of this Act are to,
(
a) improve
the transportation system to strengthen Ontario’s economy;
(
b) enhance
rider experience through greater transit fare and service integration,
including for persons with disabilities and others who rely on public
transportation;
(
c) enable
people to use transit to travel across municipalities and access employment,
education and essential services; and
(
d) improve
establishing provincial requirements.
Definitions
2 In this Act,
“disability”
with Disabilities Act, 2005 ; (“handicap”)
“local
transit system” means a passenger transportation system that is operated
principally within a municipality and includes transportation services for
persons with disabilities, but does not include transportation by special
purpose vehicles such as school buses or ambulances and does not include any
system operated by and for Metrolinx; (“réseau local de transport en commun”)
“Minister”
means the Minister of Transportation or such other member of the Executive
Council as may be assigned the administration of this Act under the Executive Council Act ; (“ministre”)
“municipal
agency” means,
(
a) a
local board as defined in subsection 1 (1) of the Municipal
Act, 2001 ,
(
b) a
local board as defined in subsection 3 (1) of the City of
Toronto Act, 2006 , including, for greater certainty, the Toronto Transit
Commission,
(
c) a
corporation established by a municipality under
section 203 of the Municipal Act, 2001 , or a secondary corporation as
defined in subsection 203 (3.1) of that Act, or
(
d) a
corporation established by the City of Toronto under
section 148 of the City of Toronto Act, 2006 , and every secondary
corporation as defined in subsection 148 (4) of that Act; (“organisme municipal”)
“municipal
transit area” means the area comprised of,
(
a) the
City of Toronto,
(
b) the
City of Hamilton,
(
c) the
Regional Municipality of Durham,
(
d) the
Regional Municipality of Halton,
(
e) the
Regional Municipality of Peel,
(
f) the
Regional Municipality of York, and
(
g) any
additional areas that are prescribed by the Lieutenant Governor in Council; (“zone
municipale de transport en commun”)
“prescribed”
means prescribed by the regulations; (“prescrit”)
“prescribed
municipal transit system” means a local transit system prescribed by the
Minister, or a passenger transportation system prescribed by the Lieutenant
Governor in Council, that is operated in a municipal transit area; (“réseau
municipal de transport en commun prescrit”)
“prescribed
specialized transit system” means a local transit system prescribed by the
Minister, or a passenger transportation system prescribed by the Lieutenant
Governor in Council, that is operated in a municipal transit area and that
provides services designed to transport persons with disabilities; (“réseau
spécialisé de transport en commun prescrit”)
“prescribed
transit system” means a prescribed municipal transit system or a prescribed
specialized transit system; (“réseau de transport en commun prescrit”)
“primary
service area” means the municipality or area in which a passenger
transportation system principally operates; (“zone principale de desserte”)
“regulations”
means the regulations made under this Act. (“règlements”)
PART II
TRANSIT REQUIREMENTS
Compliance
with Requirements
Compliance
with requirements
(1) A municipality or municipal
agency that has established or that operates or maintains a prescribed transit
system shall ensure that the system complies with the requirements established
under this Act.
Same
(2) If
a prescribed transit system is established, operated or maintained by another
entity for or on behalf of one or more municipalities or municipal agencies,
every such municipality or municipal agency shall ensure that the system
complies with the requirements established under this Act.
Prescribed
transit systems
Fare
structure
4 The Minister may make regulations establishing
a fare structure for prescribed transit systems, including,
(
a) setting
fare prices;
(
b) defining
fare categories, types and eligibility requirements;
(
c) establishing
fare discount policies;
(
d) establishing
transfer policies for travel between a prescribed transit system and any other
passenger transportation systems.
Participation
in unified fare payment system
5 Every prescribed transit system shall, within
the prescribed timeframe, participate in a unified fare payment system approved
by the Minister.
Apportionment
of fares
(1) The Minister may
prescribe geographic zones for the purposes of this
section and may designate
prescribed transit systems in relation to each zone.
Same
(2) All
fares collected by any prescribed transit system that is designated in relation
to a geographic zone described in subsection (1) shall be apportioned among the
systems designated in relation to that geographic zone in accordance with the
regulations.
Payment
by prescribed transit systems
(3) Every
prescribed transit system that is designated in relation to a geographic zone
shall pay the amounts required to be provided by it in accordance with the
apportionment rules set out in the regulations.
Regulations
respecting apportionment
(4) The
Minister may make regulations respecting fares that are subject to
apportionment under subsection (2) and providing for how they must be shared,
including the apportioning of those fares among prescribed transit systems and
the manner in which any share shall be recovered.
Same
(5) A
regulation made under subsection (4) may do one or more of the following:
1. Authorize
prescribed transit systems that are designated in relation to a geographic zone
to determine by agreement how fares are to be apportioned, subject to any
conditions that may be set out in the regulations.
2. Set
out the manner in which the fares are to be apportioned.
3. Provide
for an arbitration process for determining how fares are to be apportioned or
for resolving any related disputes.
Same
(6) A
regulation that relates to the matters described in subsection (5) may,
(
a) provide,
on an interim basis, for the manner in which fares are to be apportioned and
for the time and manner in which payments are to be made;
(
b) permit
an agreement or an arbitration decision to apply to fares received or payments
made before the agreement or decision is reached; and
(
c) provide
for the reconciliation of amounts paid on an interim basis.
Service
integration for priority routes
7 The Minister may make regulations,
(
a) designating
new and existing routes as priority routes, which may cross municipal
boundaries;
(
b) prescribing
service standards for priority routes, including,
(
i) establishing
time periods during which the service standards must be met,
(ii) establishing
the frequency of services to be provided on the priority route, which may
specify the frequency of service at different stops on the priority route;
(
c) prescribing
requirements for service integration between different prescribed transit
systems on priority routes, including requiring services be provided by a
prescribed transit system outside of its primary service area.
Prescribed specialized transit systems
Unified
trip booking system
8 Every prescribed
specialized transit system shall, within the prescribed timeframe, participate
in a unified trip booking system approved by the Minister.
Cross-boundary
services for persons with disabilities
(1) On request by a person with a
disability, every prescribed specialized transit system shall provide
transportation from a location originating within its primary service area to a
prescribed distance outside of its primary service area, without requiring the
person to transfer to a different passenger transportation system.
Support
person
(2) If
the person described in subsection (1) has a need for a support person, the
prescribed specialized transit system shall also transport the support person
the same distance described in subsection (1) and shall not charge a fare to
the support person.
Responsibility
(3) It
is the responsibility of a person with a disability to, in accordance with the
regulations, if any, demonstrate to the prescribed specialized transit system
their need for a support person to accompany them.
Information and Data
Report
to the Minister
(1) Every municipality or municipal
agency that has established or that operates or maintains a prescribed transit
system, or for which or on whose behalf a prescribed transit system has been
established, operated or maintained, shall file reports with the Minister in
respect of the prescribed transit system within the prescribed timeframe, and
at such other times as the Minister may specify.
Form
of report
(2) A
report described in subsection (1) shall be in the form required by the
Minister and shall include,
(
a) information
demonstrating how the prescribed transit system has complied with the
requirements established under this Act; and
(
b) any
other prescribed documentation or data.
Publication
(3) The
Minister may publish or otherwise make available to the public information
respecting a prescribed transit system’s compliance with the requirements
established under this Act.
Request
for information regarding services and fares
(1) The Minister may request that
any municipality or municipal agency that has established or that operates or
maintains a prescribed transit system, or for which or on whose behalf a
prescribed transit system has been established, operated or maintained, provide
detailed information to the Minister in relation to a prescribed transit system
regarding services and trips provided and fares collected.
Same,
information on unified trip booking system
(2) The
Minister may request that any municipality or municipal agency that has
established or that operates or maintains a prescribed specialized transit
system, or for which or on whose behalf a prescribed specialized transit system
has been established, operated or maintained, provide detailed information in
relation to the use of the unified trip booking system described in
section 8.
Compliance
(3) A
municipality or municipal agency shall comply with a request made under
subsection (1) or (2) within the time specified by the Minister.
Information
or data directive
(1) The Minister may issue a
directive in writing directing a municipality, a municipal agency or a
passenger transportation system to provide the Minister or Metrolinx with
information or data, as well as copies of any contracts, records, reports,
surveys, plans or any other document that, in the Minister’s opinion, may be
required to support the purposes of this Act or the development of regulations
under this Act.
Compliance
(2) A
municipality, municipal agency or passenger transportation system that receives
a directive under subsection (1) shall comply with the directive within the
time specified by the Minister.
PART III
MISCELLANEOUS
Extinguishment
of causes of action
(1) No cause
of action arises against a person set out in subsection (2) as a direct or
indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this Act;
(
b) the
making, amendment or revocation of any provision of a regulation, request or
directive under this Act;
(
c) the
granting or termination of any approval under this Act; or
(
d) anything
done or not done in accordance with this Act or a regulation, request,
directive or approval under this Act, including any collection, use or
disclosure of information authorized under this Act.
Persons
referred to
(2) The
persons referred to in subsection (1) are,
(
a) the
Crown or any current or former member of the Executive Council or employee,
officer or agent of or advisor to the Crown;
(
b) a
municipality or municipal agency, or any current or former member of the
council of the municipality or of the municipal agency, or employee, officer or
agent of or advisor to the municipality or municipal agency;
(
c) Metrolinx
or any of its subsidiary corporations, or any current or former director,
employee, officer or agent of or advisor to Metrolinx or any of its subsidiary
corporations; or
(
d) any
person prescribed by the Lieutenant Governor in Council.
remedy
(3) No
costs, compensation or damages, including for loss of revenue or profit or any
other alleged loss, whether direct or indirect, are owing or payable to any
person by a person referred to in subsection (1), and no remedy, including a
remedy in contract, restitution, tort, a remedy for misfeasance, bad faith or a
breach of trust or fiduciary obligation, any equitable remedy or any remedy
under any statute, is available to any person against any person referred to in
subsection (1) in connection with anything referred to in that subsection.
Proceedings
barred
(4) 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
(5) Subsections
(3) and (4) do not apply with respect to an application for judicial review or
a claim for a constitutional remedy, but do apply with respect to any other
court, administrative or arbitral proceeding claiming any remedy or relief,
including specific performance, an injunction, declaratory relief or the
enforcement of a judgment, order or award made outside Ontario.
costs awarded
(6) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (4).
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.
Certain
proceedings by municipalities not prevented
(9) This
section does not apply with respect to proceedings brought by a municipality
against,
(
a) any
current or former member of the council of the municipality or of a municipal
agency of the municipality; or
(
b) any
current or former employee, officer or agent of or advisor to the municipality
or a municipal agency of the municipality.
Certain
proceedings by municipal agencies not prevented
(10) This
section does not apply with respect to proceedings brought by a municipal
agency against,
(
a) any
current or former member of the municipal agency; or
(
b) any
current or former employee, officer or agent of or advisor to the municipal
agency.
Certain
proceedings by Metrolinx not prevented
(11) This
section does not apply with respect to proceedings brought by Metrolinx or any
of its subsidiary corporations against any current or former director,
employee, officer or agent of or advisor to Metrolinx or any of its subsidiary
corporations.
establishment of private law right, duty
14 Nothing in this Act or
any regulation, request, directive or approval made under this Act establishes
a private law right or duty, including a private law duty of care or fiduciary
duty, owing to any person.
Conflict
with The Railways Act or the City
of Toronto Act, 2006
15 If a provision of this
Act or of a regulation made under this Act conflicts with The
Railways Act , being
chapter 331 of the Revised Statutes of Ontario,
1950, or with subsection 395 (1) of the City of Toronto
Act, 2006 , the provision of this Act or the regulation under this Act
prevails to the extent of the conflict.
PART IV
REGULATIONS
Regulations
Minister
(1) The
Minister may make regulations,
(
a) prescribing
or respecting any matter that this Act refers to as a matter that the
regulations may prescribe, specify, designate, set out or otherwise deal with;
(
b) prescribing
local transit systems as prescribed municipal or specialized transit systems
for the purposes of the Act;
(
c) clarifying
the meaning of “primary service area” for the purposes of this Act;
(
d) prescribing
a geographic zone for the purposes of subsection 6 (1) and designating
prescribed transit systems in relation to that zone;
(
e) defining
or clarifying the meaning of any word or phrase used in this Act that is not
defined in this Act;
(
f) exempting
an entity from a provision of this Act or the regulations and setting
conditions for the exemption;
(
g) respecting
any matter necessary or incidental to the enforcement and administration of
this Act and the regulations;
(
h) respecting
any transitional matters necessary for the effective implementation of this Act
and the regulations.
Lieutenant
Governor in Council
(2) The
Lieutenant Governor in Council may make regulations,
(
a) prescribing
passenger transportation systems that are not local transit systems as
prescribed municipal or specialized transit systems for the purposes of the
Act;
(
b) prescribing
additional municipal transit areas for the purposes of the definition of
“municipal transit area” in
section 2;
(
c) prescribing
persons for the purposes of clause 13 (2) (
d) and prescribing any conditions or
circumstances where
section 13 does not apply to that person, including with
respect to proceedings brought by a specified person or class of persons.
Retroactive
regulations
(3) If
it so provides, a regulation made under clause (2) (
c) is effective with
reference to a period before the regulation was filed.
Application
to existing claims, proceedings
(4) If
it so provides, a regulation made under clause (2) (
c) applies to claims or
proceedings that existed before the regulation comes into force.
PART V
COMMENCEMENT AND
SHORT TITLE
Commencement
17 The Act set out in this
Schedule
comes into force on the day the Building Homes and
Improving Transportation Infrastructure Act, 2026 receives Royal Assent.
Short
title
18 The
short title of the Act set out in
this
Schedule is the Fare Alignment and Seamless Transit
Act, 2026 .
SCHEDULE 5
METROLINX ACT, 2006
The Metrolinx Act, 2006 is amended by adding the
following section:
Building
Code Act, 1992
(1) The
Corporation may notify the chief building official under the Building Code Act, 1992 of a proposal to construct or
demolish a building associated with a provincial transit project by submitting
the form, documents and information referred to in subsection 8 (1.1) of that
Act.
Same
(2) For
greater certainty, the Corporation may make a notification under subsection
(1) whether or not the Corporation owns the building or the property on which the
building is located.
Report
(3) On receiving notice and any required fee, the
chief building officer shall assess the proposed building, construction or
demolition as if the Building Code Act, 1992 and
the building code applied to it and shall provide to the Corporation, within
the prescribed period, a report that includes the following information:
1. An
assessment of whether the proposal would contravene
that Act or code.
2. An
assessment of whether the Architects
Act or the Professional Engineers Act
would require the proposal to be designed by an
architect, a professional engineer or a combination of both and, if so, whether
the design would satisfy the requirem ent.
3. An
assessment of whether every person who prepared drawings, plans, specifications
or other documents, or who provided an opinion respecting proposal, had the
qualifications and insurance that would be required under the code.
4. Any
other prescribed information.
Exception
(4) Despite
paragraph 1 of subsection (3), the chief building official shall not assess
whether a proposed building, construction or demolition would contravene,
(
a) any
by-law made under
section 34 or 38 of the Planning Act ;
(
b) section
41 of the Planning Act ;
(
c) section
114 of the City of Toronto Act, 2006 ; or
(
d) any
other prescribed provision of
an Act, regulation, by-law or order.
Format
of report
(5) The
chief building official shall prepare the report in the prescribed format, if
any.
Inspection
(6) At
each stage of construction specified in the building code, the Corporation may
notify the chief building official or the registered code agency, if any, that
the construction is ready to be inspected.
Same
(7) After
a notice mentioned in subsection (6) is received, an inspector or the
registered code agency, as the case may be, shall, within the prescribed
period, carry out the inspection that would be required under the building code
if the code were applicable to the building.
Exception
(8) Subsection
(7) does not apply in respect of a subsequent stage of construction if the
Corporation did not give notice under subsection (6) in respect of the
immediately preceding stage of construction.
Occupancy
(9) If
the Corporation notifies the chief building official or the registered code
agency, if any, of the date of completion of a building or part of a building,
the chief building official or registered code agency shall, within the
prescribed period, provide a written opinion to the Corporation on whether the
requirements of
section 11 of the Building Code Act, 1992
would be met, if they were applicable to the building or part of a building.
Corporation
not bound
(10) For
greater certainty, nothing in this
section shall be interpreted as making the
Corporation subject to the Building Code Act, 1992 .
Immunity
from action
(11) No
action or other proceeding for damages shall be instituted against a chief
building official, an inspector or an officer for any act done in good faith in
the execution or intended execution of any power or duty under this
section or
the regulations or for any alleged neglect or default in the execution in good
faith of that power or duty.
Liability
(12) Subsection
(11) does not relieve a municipality or an upper-tier municipality of liability
in respect of a tort committed by its chief building official or inspectors to
which they would otherwise be subject and the municipality or upper-tier
municipality is liable for any such tort as if subsection (11) were not
enacted.
Same
(13) For
greater certainty, no person referred to in subsection (12) is an officer,
employee or agent of the Crown or of the Corporation with respect to any act in
the execution or intended execution of any power or duty under this
section or
the regulations or for any alleged neglect or default in the execution in good
faith of that power or duty.
Definitions
(14) Unless
context requires otherwise, terms used in this
section have the same meaning as
in the Building Code Act, 1992 .
Clause 42 (1) (
l) of the Act is repealed and the following substituted:
(
l) requiring
the submission of additional documents for the purposes of subsection 40 (1);
(
m) exempting
the Corporation from a requirement to submit a specified form, document or
information for the purposes of subsection 40 (1);
(
n) requiring
the payment of fees and prescribing the amounts of the fees in respect of a
notice, report or inspection referred to in
section 40;
(
o) prescribing
the period referred to in subsection 40 (3);
(
p) prescribing
information for the purposes of paragraph 4 of subsection 40 (3);
(
q) prescribing
provisions of
an Act, regulation, by-law or order for the purposes of clause 40
(4) (d);
(
r) specifying
the format of a report for the purposes of subsection 40 (5);
(
s) prescribing
the periods referred to in subsections 40 (7) and (9);
(
t) respecting
any matter that the Minister considers necessary or advisable to carry out
effectively the intent and purpose of this Act.
Subsection 51 (1) of the Act is amended by adding the following clause:
(0.
a) anything
done or not done in accordance with
section 40 or any regulation made in
respect of that section;
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
SCHEDULE
MUNICIPAL ACT, 2001
Section 93 of the Municipal Act, 2001 is repealed
and the following substituted:
Non-municipal
public utilities
(1) Except
as otherwise provided, no person shall construct, maintain or operate a water
or sewage public utility in any area of a municipality without first applying
for and obtaining the consent of the municipality.
Municipality
to review applications
(2) A
municipality that receives an application to construct, maintain or operate a
public utility under subsection (1) shall review the application and,
(
a) may
provide consent to the applicant, subject to such conditions and limits on the
powers to which the consent relates as may be agreed upon; or
(
b) in
the case that a regulation prescribing criteria or conditions is made under
this section, shall give consent to the applicant if the municipality is of the
opinion that,
(
i) any
prescribed criteria or conditions respecting the area in which the public
utility would be located are met,
(ii) any
plans in respect of the public utility required by the regulations have been
provided and meet the prescribed criteria or conditions and include the
required content,
(iii) any
reserve funds or other financial assurances or instruments in respect of the
public utility that are required by the regulations are or will be in place and
the funds, assurances and instruments meet the prescribed requirements,
(iv) the
public utility, if constructed, maintained or operated in accordance with the
application, would meet the relevant prescribed criteria and conditions, and
(
v) any
other prescribed requirements, conditions or criteria in respect of the public
utility have been or will be met.
Conditions
and limits
(3) If
consent is given under clause (2) (b), the municipality may impose such
financial, operational and other conditions or limits on the consent as may be
prescribed to ensure the safe and sustainable operation of the public utility.
Agreements
(4) If,
pursuant to subsection (3), the municipality requires the owner of the lands on
which a public utility is located to enter into an agreement as a condition of
consent,
(
a) the
agreement may be registered against the land to which it applies; and
(
b) the
municipality may enforce the provisions of such agreement against any party to
the agreement and, subject to the Registry Act and the Land Titles Act ,
against any and all subsequent owners or tenants of the land.
Regulations
(5) The
Lieutenant Governor in Council may make regulations providing for any matters
which, in the opinion of the Lieutenant Governor in Council, are necessary or
desirable for the purposes of this
section including,
(
a) requiring
an applicant to provide specified plans, including financial and operational
plans, and prescribing the required content of those plans and the procedures
and requirements that must be followed in preparing those plans;
(
b) governing
criteria and conditions a public utility is required to meet, including,
(
i) prescribing
minimum technical and performance standards for the public utility,
(ii) prescribing
or describing the types of developments that the public utility may service,
(iii) designating
the municipalities in which the public utility may be located,
(iv) prescribing
criteria or conditions with respect to where the public utility may be located
and with respect to the lands on which the public utility may be located,
(
v) prescribing
zoning by-law requirements in respect of the lands on which the public utility
is located and in respect of the lands that the public utility will be used to
service, and
(vi) requiring
prescribed reserve funds or financial assurances or instruments in respect of
the public utility to be in place and governing the requirements of such funds,
assurances or instruments including prescribing the types and amounts of any
financial assurances that an applicant must provide to a municipality; and
(
c) prescribing
conditions or limits that may be imposed on a consent for the purposes of
subsection (3).
Interpretation
(6) In
this section,
“person”
does not include a municipality.
Commencement
This
Schedule comes into force on the day the Building
Homes and Improving Transportation Infrastructure Act, 2026 receives
Royal Assent.
SCHEDULE 7
PLANNING ACT
(1) The definition of “upper-tier municipality without planning
responsibilities” in subsection 1 (1) of the Planning Act
is amended by adding the following paragraph:
0.1 The
County of Simcoe in relation to lands in the Town of Bradford West Gwillimbury,
the Town of Innisfil and the Town of New Tecumseth.
(2) The
definition of “upper-tier municipality without planning responsibilities” in
subsection 1 (1) of the Act is amended by adding the following paragraph:
0.1.1 The
County of Simcoe in relation to the lands in the prescribed lower-tier
municipalities in the County of Simcoe.
(3) The
definition of “upper-tier municipality without planning responsibilities” in
subsection 1 (1) of the Act is amended by adding the following paragraph:
0.1.2 The
County of Simcoe in relation to lands in any lower-tier municipality in the
County of Simcoe not mentioned in paragraph 0.1 and not prescribed for the
purposes of paragraph 0.1.1.
(1) Subsections 16 (1) and (2) of the Act are repealed and the
following substituted:
Official
plan
Contents
of official plan
(1) An
official plan must contain the chapters, sections and schedules, and use only
the land use designations, described in
Schedule 1.
chapter, section, etc. not applicable
(1.1) If
a chapter,
section or
schedule described in
section 1 of
Schedule 1 is not
applicable to a municipality or planning board, the official plan must include
the words “Not applicable” immediately after the number and title of each
chapter,
section or schedule.
Optional
description of goals, objectives
(1.2) An
official plan may, before the first
section of each
chapter referred to in
section 1 of
Schedule 1, include a description of the goals and objectives
related to the subject matter of that chapter.
Minister’s
directions
(2) The
Minister may provide a municipality or a planning board with written directions
specifying how to comply with subsection (1) and the municipality or planning
board shall comply with those directions.
Same,
content
(2.1) Without
limiting the generality of subsection (2), the Minister’s direction may provide
that a land use designation described in
section 2 of
Schedule 1 may be
implemented through the use of two or more sub-designations.
Non-application
of Legislation Act, 2006 ,
Part III
(2.2) Part
III (Regulations) of the Legislation Act, 2006 does
not apply to a written direction provided under subsection (2).
(2) Subsection
16 (14) of the Act is repealed.
(3) Paragraph
4 of subsection 16 (18) of the Act is repealed and the following substituted:
4. Amends
or revokes the delineation of the boundaries of a protected major transit
station area identified in accordance with subsection (15) or (16) or the
policies described in clause (15) (
a) or (16) (
a) with respect to the protected
major transit station area.
(4) Subsection
16 (18.1) of the Act is repealed.
The Act is amended by adding the following section:
Transition
re official plan framework
Definitions
16.0.1
(1) In this
section,
“former
official plan framework” means subsections 16 (1) and (2), as they read
immediately before the day subsection 2 (1) of
Schedule 7 of the Building Homes and Improving Transportation Infrastructure Act,
2026 came into force; (“ ancien cadre du plan officiel ”)
“new
official plan framework” means subsections 16 (1) to (2.2), as they read on or
after the day subsection 2 (1) of
Schedule 7 of the Building
Homes and Improving Transportation Infrastructure Act, 2026 comes into
force. (“ nouveau
cadre du plan officiel ”)
Timing
of transition
(2) The
former official plan framework continues to apply to a municipality or planning
board until the day on which a new official plan or a revision of the official
plan under
section 26 that is adopted after the applicable transition date
mentioned in subsection (3) comes into effect.
Transition
dates
(3) For
the purposes of subsection (2), the transition date is,
(
a) January
1, 2028 for the municipalities listed in Column 1 of Table 1 to this
subsection; or
(
b) January
1, 2029 for all planning boards and the municipalities not listed in Column 1
of Table 1 to this subsection.
TABLE 1
Item
Column
City
of Barrie
City
of Brampton
City
of Brantford
City
of Burlington
City
of Cambridge
City
of Guelph
City
of Hamilton
City
of Kingston
City
of Kitchener
City
of London
City
of Markham
City
of Mississauga
City
of Niagara Falls
City
of Oshawa
City
of Ottawa
City
of Pickering
City
of Richmond Hill
City
of St. Catharines
City
of Toronto
City
of Vaughan
City
of Waterloo
City
of Windsor
Municipality
of Clarington
Town
of Ajax
Town
of Caledon
Town
of Milton
Town
of Newmarket
Town
of Oakville
Town
of Whitby
Subsection 17 (34.1) of the Act is amended by striking out “lower-tier
municipality’s plan if the plan” in the portion before clause (
a) and
substituting “lower-tier municipality’s official plan, other than an official
plan that is the subject of an order under subsection (6), if the plan”.
Section 24 of the Act is amended by adding the following subsection:
Exception
(1.1) Subsection
(1) does not apply to a by-law adopting an official plan or official plan
amendment that is the subject of an order under subsection 17 (6).
(1) Subsection 27 (1) of the Act is amended by adding “Subject to
subsections (5) and (6)” at the beginning.
(2) Section
27 of the Act is amended by adding the following subsections:
Exception
(5) Subsections
(1) to (4) do not apply to a prescribed lower-tier municipality.
Non-application
of upper-tier official plan
(6) The
official plan of an upper-tier municipality does not apply in a lower-tier
municipality prescribed for the purposes of subsection (5).
(1) Paragraph 6 of subsection 34 (1) of the Act is amended by adding
“or (1.1.1)” after “subsection (1.1)”.
(2) Section
34 of the Act is amended by adding the following subsection:
Same
(1.1.1) Despite
paragraph 6 of subsection (1), a zoning by-law may not require an owner or
occupant of a building or structure to provide and maintain electric vehicle
supply equipment in connection with parking facilities.
(3) Subsection
34 (3.1) of the Act is repealed and the following substituted:
Restriction,
minimum area of parcel
(3.1) Despite
subsection (3), the authority to pass a by-law under this
section does not
include the authority to pass a by-law that requires the minimum area of a
parcel of urban residential land that is not in the Greenbelt Area to be
greater than the prescribed area.
Provisions
of no effect
(3.2) A
provision of a by-law passed under this
section or an order made under
clause 47 (1) (
a) is of no effect to the extent that it contravenes a
restriction described in subsection (3.1).
Same,
minimum frontage and depth
(3.3) A
provision of a by-law passed under this
section or an order made under clause
47 (1) (
a) regulating the minimum frontage or minimum depth of a parcel of land
is of no effect to the extent that it would require a parcel to which
subsection (3.1) applies to be larger than the area prescribed for the purposes
of that subsection.
(1) Subparagraph 2 (
e) of subsection 41 (4) of the Act is repealed
and the following substituted:
(
e) the
elements on any adjoining highway under a municipality’s jurisdiction,
including trees, shrubs, hedges, plantings or other ground cover, paving
materials, street furniture, curb ramps, waste and recycling containers and
bicycle parking facilities, if an official plan and a by-law passed under
subsection (2) that both contain provisions relating to such matters are in
effect in the municipality, but only to the extent that such elements are
of adjoining lands; and
(2) Subsection
41 (4.1.1) of the Act is amended by striking out “sustainable design”.
(3) Paragraph
3 of clause 41 (7) (
a) of the Act is amended by adding “Subject to subsection
(9.2)” at the beginning.
(4) Subclause
41 (8) (a) (iii) of the Act is amended by,
(
a) adding
“Subject to subsection (9.2)” at the beginning; and
(
b) striking
out “offstreet” and substituting “off-street”.
(5) Section
41 of the Act is amended by adding the following subsections:
Limitation
on requirement re parking facilities
(9.2) An
owner of land may not be required by a municipality, under paragraph 3 of
clause (7) (a), or by an upper-tier municipality, under subclause (8) (a)
(iii), to provide electric vehicle supply equipment in connection with
off-street vehicular parking facilities.
Limitation,
prescribed matters
(9.3) With
respect to an application made on or after the day a regulation made pursuant
to this subsection comes into force, despite subsections (7) and (8), a
municipality may not impose requirements respecting prescribed matters.
(1) Subsection 42 (4.32) of the Act is amended by striking out “an
interest in land described in clause (4.31) (b)” and substituting “land
described in clause (4.31) (
a) or an interest in land described in clause (4.31)
(b)”.
(2) Section
42 of the Act is amended by adding the following subsection:
Validity
of easement
(4.32.1) If
the interest in land described in clause (4.31) (
b) is an easement, the
easement is valid whether or not the municipality owns appurtenant land or land
capable of being accommodated or benefited by the easement.
(3) Section
42 of the Act is amended by adding the following subsection:
Same
(4.35.1) An
owner of land who has not received a notice under subsection (4.34) within 90
days of identifying land in accordance with subsection (4.30) may, at any time
before receiving notice under subsection (4.34), appeal to the Tribunal the
municipality’s failure to make a decision as to whether to accept the
conveyance by filing with the clerk of the municipality a notice of appeal
accompanied by the fee charged by the Tribunal.
(4) Subsection
42 (4.36) of the Act is amended by adding “or subsection (4.35.1)” after “that
subsection” in the portion before clause (a).
(5) Clause
42 (4.38) (
b) of the Act is repealed and the following substituted:
(
b) shall
be deemed, subject to subsection (4.38.1), to count towards any requirement set
out in a by-law passed under this
section that is applicable to the development
or redevelopment, despite any provision of that by-law.
(6) Section
42 of the Act is amended by adding the following subsection:
Certain
lands to be counted
(4.38.1) For
the purposes of clause (4.38) (b), any land described in clause (4.31) (
a) or
any interest in land described in clause (4.31) (
b) that is conveyed in
accordance with clause (4.38) (
a) shall be counted towards any requirement set
out in the by-law by multiplying the area of such land by a factor of 0.7 or
such other larger factor as may be determined by the municipality.
(1) Sub-subparagraph 1 ii F of subsection 47 (4.4) of the Act is
repealed and the following substituted:
F. the
elements on any adjoining highway under a municipality’s jurisdiction,
including trees, shrubs, hedges, plantings or other ground cover, paving
materials, street furniture, curb ramps, waste and recycling containers and
bicycle parking facilities, but only to the extent that such elements are
of adjoining lands; and
(2) Subsections
47 (9) and (9.1) of the Act are repealed.
(3) Subsection
47 (15) of the Act is amended by striking out “representations received under
subsection (9), if any, and”.
Subsection 53 (12) of the Act is amended by striking out “subsections 51
(26) and (27)” and substituting “subsections 51 (25.1), (26) and (27)”.
(1) Paragraph 15 of subsection 70.1 (1) of the Act is repealed.
(2) Subsection
70.1 (1) of the Act is amended by adding the following paragraph:
30.2 defining
any word or expression used in
section 1 or 2 of
Schedule 1 that is not already
defined in this Act.
(1) The definition of “effective date” in subsection 70.13 (1) of
the Act is amended by adding the following clause:
(a.1) in
respect of an upper-tier municipality referred to in paragraph 0.1 of the
definition of “upper tier municipality without planning responsibilities” in
subsection 1 (1), the day on which subsection 1 (1) of
Schedule 7 to the Building Homes and Improving Transportation Infrastructure Act,
2026 comes into force,
(2) The
definition of “effective date” in subsection 70.13 (1) of the Act is amended by
adding the following clause:
(a.1.1) in
respect of an upper-tier municipality referred to in paragraph 0.1.1 of the
definition of “upper tier municipality without planning responsibilities” in
subsection 1 (1), the day on which subsection 1 (2) of
Schedule 7 to the Building Homes and Improving Transportation Infrastructure Act,
2026 comes into force,
(3) The
definition of “effective date” in subsection 70.13 (1) of the Act is amended by
adding the following clause:
(a.1.2) in
respect of an upper-tier municipality referred to in paragraph 0.1.2 of the
definition of “upper tier municipality without planning responsibilities” in
subsection 1 (1), the day on which subsection 1 (3) of
Schedule 7 to the Building Homes and Improving Transportation Infrastructure Act,
2026 comes into force,
The Act is amended by adding the following Schedule:
SCHEDULE 1
CONTENTS OF AN OFFICIAL PLAN UNDER SUBSECTION 16 (1)
Chapters,
sections and schedules of official plan
For the purposes of subsection 16 (1), the chapters, sections and schedules of
an official plan are the following:
1. A
chapter numbered 1 and entitled, “Introduction and How to Use this Plan” that
is comprised of the following sections:
i. A
section numbered 1.1 and entitled “Purpose” that provides information about the
purpose of the official plan.
ii. A
section numbered 1.2 and entitled “Plan Organization” that provides information
about the structure of the official plan.
2. A
chapter numbered 2 and entitled “Strategic Planning Framework” that is
comprised of the following section:
i. A
section numbered 2.1 and entitled “Provincial and Regional Planning Context”
that describes the context for land use planning in the area to which the
official plan applies and identifies the Acts and provincial plans that apply
to land use planning in the area.
3. A
chapter numbered 3 and entitled “Indigenous Engagement” that is comprised of
the following section:
i. A
section numbered 3.1 and entitled “Indigenous Engagement” that identifies the
processes through which Indigenous communities will be engaged in implementing
the official plan.
4. A
chapter numbered 4 and entitled, “Settlement Area Structure and Growth Needs
and Management” that is comprised of the following sections:
i. A
section numbered 4.1 and entitled “Settlement Areas” that contains policies
related to areas of settlement, including policies related to the alteration of
the boundary of an area of settlement and policies related to areas surrounding
and including an existing or planned higher order transit station or stop in an
area of settlement.
ii. A
section numbered 4.2 and entitled “Growth Management” that contains policies
related to the management of growth and development.
5. A
chapter numbered 5 and entitled “Residential and Mixed Uses” that is comprised
of the following sections:
i. A
section numbered 5.1 and entitled “Housing” that contains policies applicable
to residential uses.
ii. A
section numbered 5.2 and entitled “Mixed Uses” that contains policies
applicable to commercial, institutional and other non-residential uses.
6. A
chapter numbered 6 and entitled, “Economy and Employment Areas” that is
comprised of the following sections:
i. A
section numbered 6.1 and entitled “Economic Development” that contains policies
related to economic development.
ii. A
section numbered 6.2 and entitled “Employment Uses” that contains policies
applicable to employment uses.
7. A
chapter numbered 7 and entitled “Rural Areas and Agricultural System” that is
comprised of the following sections:
i. A
section numbered 7.1 and entitled “Rural Areas” that contains policies
applicable to uses permitted in rural areas.
ii. A
section numbered 7.2 and entitled “Agricultural Land Base” that contains
policies applicable to agricultural land uses.
iii. A
section numbered 7.3 and entitled “Agri-Food Network” that contains policies
related to the infrastructure, services and other assets that support the
agri-food sector.
8. A
chapter numbered 8 and entitled “Infrastructure, Facilities and Community
Services” that is comprised of the following sections:
i. A
section numbered 8.1 and entitled “Transportation” that contains policies
related to transportation and transit, including policies applicable to
development near airports, rail facilities and marine facilities, where some or
all such facilities exist in or near the area to which the official plan
applies.
ii. A
section numbered 8.2 and entitled “Infrastructure Corridors” that contains
policies related to existing or planned linear infrastructure, such as a public
highway, transit line or gas or oil pipeline, or corridors for such
infrastructure.
iii. A
section numbered 8.3 and entitled “Public Service Facilities” that contains
policies related to facilities for the provision of programs and services
provided or subsidized by a government or other public sector organization.
iv. A
section numbered 8.4 and entitled “Water and Wastewater” that contains policies
related to water and sewage works.
v. A
section numbered 8.5 and entitled “Waste Management” that contains policies
related to waste management.
vi. A
section numbered 8.6 and entitled “Parks and Open Space” that contains policies
related to parks and other open space areas.
9. A
chapter numbered 9 and entitled “Local Landscape and Resource Management” that
is comprised of the following sections:
i. A
section numbered 9.1 and entitled “Natural Heritage” that contains policies
related to natural heritage features and areas.
ii. A
section numbered 9.2 and entitled “Water Resources” that contains policies
related to surface water features and ground water features and areas.
iii. A
section numbered 9.3 and entitled “Cultural Heritage and Archaeology” that
contains policies related to cultural heritage and archaeology.
iv. A
section numbered 9.4 and entitled “Mineral Aggregate Resources” that contains
policies applicable to areas of identified or potential aggregate deposits.
v. A
section numbered 9.5 and entitled “Petroleum, Salt and Mineral Resources” that
contains policies applicable to areas of identified or potential petroleum,
salt and non-aggregate mineral deposits.
vi. A
section numbered 9.6 and entitled “Energy Conservation” that contains policies
related to energy conservation.
vii. A
section numbered 9.7 and entitled “Waterfronts and Shorelines” that contains
policies applicable to areas near water bodies.
viii. A
section numbered 9.8 and entitled “Natural Hazards” that contains policies
related to natural hazards.
ix. A
section numbered 9.9 and entitled “Human-made Hazards” that contains policies
related to human-made hazards.
10. A
chapter numbered 10 and entitled “Implementation and
Interpretation” that is
comprised of the following sections:
i. A
section numbered 10.1 and entitled “Land Use Designations” that contains
policies related to the use of the land use designations described in
section 2
of this
Schedule in the official plan.
ii. A
section numbered 10.2 and entitled “Processes” that contains policies related
to the processes that will be used in implementing, maintaining and updating
the official plan.
iii. A
section numbered 10.3 and entitled “Implementation Tools” that contains
policies related to the instruments and other tools that will be used to
implement the official plan.
iv. A
section numbered 10.4 and entitled “Definitions” that provides
definitions for
terms used in the official plan.
11. A
chapter numbered 11 and entitled “Schedules” that is comprised of the following
schedules:
i. A
schedule numbered 11.1 and entitled “Schedule A1: Settlement Boundaries,
Urban/Rural Structure and Provincial Plans” that comprises one or more maps
identifying the boundaries of areas of settlement and any area that is the
subject of a provincial plan.
ii. A
schedule numbered 11.2 and entitled “Schedule A2: Strategic Growth Areas and
Intensification Areas” that comprises one or more maps identifying lands in the
area to which the official plan applies that are identified as a focus for
accommodating growth.
iii. A
schedule numbered 11.3 and entitled “Schedule A3: Land Use Designations” that
comprises one or more maps identifying the land use designations applicable to
lands in the area to which the official plan applies.
iv. A
schedule numbered 11.4 and entitled “Schedule B1: Transportation and Corridors”
that comprises one or more maps identifying the transportation system in the
area to which the official plan applies.
v. A
schedule numbered 11.5 and entitled “Schedule B2: Infrastructure” that
comprises one or more maps identifying the existing and planned infrastructure
in the area to which the official plan applies.
vi. A
schedule numbered 11.6 and entitled “Schedule B3: Public Service Facilities,
Parks and Open Space” that comprises one or more maps identifying the existing
and planned facilities for the provision of programs and services provided or
subsidized by a government or other body, and identifying parks and other open
space areas.
vii. A
schedule numbered 11.7 and entitled “Schedule C1: Natural Environment” that
includes one or more maps identifying the natural heritage features and areas
in the area to which the official plan applies.
viii. A
schedule numbered 11.8 and entitled “Schedule C2: Water Resources” that
includes one or more maps identifying water resource systems and vulnerable
areas for the protection of drinking water sources in the area to which the
official plan applies.
ix. A
schedule numbered 11.9 and entitled “Schedule C3: Resource Potential” that
comprises one or more maps identifying the known and potential areas of
mineral, petroleum and aggregate resources in the area to which the official
plan applies.
x. A
schedule numbered 11.10 and entitled “Schedule C4: Natural and Human-made
Hazards” that includes one or more maps identifying the lands in the area to
which the official plan applies that could be unsafe for development due to
natural hazards or human-made hazards.
Land
use designations
For the purposes of subsection 16 (1), the land use designations to be used in
an official plan are the following:
1. A
“Neighbourhoods” designation within which the following land uses must be
authorized:
i. Residential
uses.
ii. Small-scale
commercial uses.
iii. Institutional
uses, including cemetery uses.
iv. Such
other uses as may be prescribed.
2. A
“Mixed Use Areas” designation within which the following land uses shall be
authorized:
i. Residential
uses.
ii. Commercial
uses.
iii. Institutional
uses, including cemetery uses.
iv. Industrial,
manufacturing and small-scale warehousing uses that could be located adjacent
to sensitive land uses without adverse effects.
v. Such
other uses as may be prescribed.
3. A
“Mixed Use Commercial Areas” designation within which the land uses described
in paragraph 2 shall be authorized, but only if they are not sensitive land
uses.
4. An
“Employment Areas” designation within which the land uses referred to in
paragraph 1 of the definition of “area of employment” in subsection 1 (1) shall
be authorized.
5. A
“Major Facilities” designation within which the following land uses shall be
authorized:
i. Manufacturing
uses.
ii. Industrial
uses.
iii. Infrastructure
uses.
iv. Such
other uses as may be prescribed.
6. A
“Parks and Open Spaces” designation within which the following land uses shall
be authorized:
i. Recreational
uses.
ii. Cemetery
uses.
iii. Such
other uses as may be prescribed.
7. A
“Natural Environment and Water Resource Areas” designation within which the
following land uses shall be authorized:
i. Conservation
uses.
ii. Such
other uses as may be prescribed.
8. A
“Resource Areas” designation within which the following land uses shall be
authorized:
i. Resource
extraction uses.
ii. Such
other uses as are prescribed.
9. A
“Rural Lands” designation within which the following land uses shall be
authorized:
i. Residential
uses.
ii. Small-scale
commercial uses.
iii. Small-scale
industrial uses.
iv. Agricultural
uses.
v. Agriculture-related
uses.
vi. On-farm
diversified uses.
vii. Resource
management uses.
viii Resource-based
recreational uses.
ix. Cemetery
uses.
x. Such
other uses as may be prescribed.
10. A
“Prime Agricultural Areas” designation within which the following land uses
shall be authorized:
i. Agricultural
uses.
ii. Agriculture-related
uses.
iii. On-farm
diversified uses.
iv. Such
other uses as may be prescribed.
11. A
“Specialty Crop Areas” designation within which the following land uses shall
be authorized:
i. Agricultural
uses.
ii. Agriculture-related
uses.
iii. On-farm
diversified uses.
iv. Such
other uses as may be prescribed.
12. A
“Shoreline Areas” designation within which the following land uses shall be
authorized:
i. Marina
uses.
ii. Recreational
uses.
iii. Residential
uses.
iv. Such
other uses as may be prescribed.
Cutting
Red Tape to Build More Homes Act, 2024
Subsections 1 (4) and 15 (2) of
Schedule 12 to the Cutting
Red Tape to Build More Homes Act, 2024 are repealed.
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the day the Building Homes and
Improving Transportation Infrastructure Act, 2026 receives Royal Assent.
(2) Section
1, subsection 2 (1), sections 3 and 9 and sections 12 to 14 come into force on
a day to be named by order of the Lieutenant Governor in Council.
SCHEDULE 8
SAFE DRINKING WATER ACT, 2002
The definition of “municipal drinking water system” in subsection 2 (1) of the Safe Drinking Water Act, 2002 is amended by adding the
following clause:
(b.1) that
is owned by a corporation designated as a water and wastewater public
corporation within the meaning of the Water and Wastewater
Public Corporations Act, 2025 ,
Section 53 of the Act is amended by adding the following subsections:
Deemed
consent
(5.1) If
a person obtains consent from a municipality in respect of a water public
utility under clause 93 (2) (
b) of the Municipal Act, 2001 ,
the person is deemed to have obtained written consent under subsection (1) of
this section.
Same
(5.2) For
greater certainty, subsections (3) and (4) do not apply to a deemed consent
under subsection (5.1).
Commencement
(1) Except as otherwise provided in this section, this
Schedule
comes into force on the later of the day
section 1 of
Schedule 16 ( Water and Wastewater Public Corporations Act, 2025 ) to
the Fighting Delays, Building Faster Act, 2025
comes into force and the day the Building Homes and
Improving Transportation Infrastructure Act, 2026 receives Royal Assent.
(2) Section
2 comes into force on the day
section 1 of
Schedule 6 to the Building Homes and Improving Transportation Infrastructure Act,
2026 comes into force.
SCHEDULE 9
WATER AND WASTEWATER PUBLIC CORPORATIONS ACT, 2025
Subsection 2 (2) of the Water and Wastewater Public
Corporations Act, 2025 is repealed and the following substituted:
Same
(2) A
corporation may be designated for the purposes of subsection (1) only if,
(
a) the
corporation is incorporated under the Business
Corporations Act ; and
(
b) no
shares of the corporation are held by a person other than a municipality, the
(1) Section 9 of the Act is amended by adding “Subject to subsection
(2)” at the beginning.
(2) Section
9 of the Act is amended by adding the following subsections:
Limitation
on issuance of shares
(2) The
shares of a water and wastewater public corporation shall not be issued to any
person other than a municipality, the Province of Ontario, the Government of
Canada or an agent of any of them.
Limitation
on sale or transfer of shares
(3) The
shareholders of a water and wastewater public corporation shall not sell or
transfer the shares of the corporation, except to a municipality, the Province
The Act is amended by adding the following section:
Limitation
on transfer of assets
9.1 A water and wastewater
public corporation shall not transfer part or all of an asset used to provide
water and sewage services unless the board of directors of the corporation has
declared, by resolution, that the asset is no longer needed for the purposes of
providing those services.
(1) Subsection 10 (1) of the Act is amended by striking out “and
sewage services” at the end and substituting “and sewage services, and set out
the effective date of each transfer in the transfer by-laws”.
(2) Section
10 of the Act is amended by adding the following subsections:
Same,
debentures
(1.1) Despite
subsection (1), a transfer by-law shall not transfer any liabilities, rights or
obligations arising under a debenture issued or authorized to be issued by a
municipality or under any other financial instruments or agreements issued or
entered into by a municipality for the purpose of long-term borrowing.
. . . .
Transfer
of non-assignable agreements
(2.1) For
greater certainty, a transfer by-law may transfer an agreement to a water and
wastewater public corporation even if the agreement does not permit an
assignment without the consent of the parties.
(3) Subsection
10 (3) of the Act is amended by striking out “on the transferee, the transferor
and all other persons” and substituting “on the water and wastewater public
corporation, the municipality and all other persons as of the effective date
set out in the transfer by-law”.
(4) Subsection
10 (4) of the Act is amended by striking out “of the transferor, the
transferee” and substituting “of the municipality, the water and wastewater
public corporation”.
(5) Section
10 of the Act is amended by adding the following subsections:
Assumption
of rights, obligations, etc.
(5) If
a prescribed municipality makes a transfer by-law under subsection (1), the
assets, liabilities, rights and obligations of the municipality that are
provided for in the transfer by-law, including contractual rights, interests,
approvals, registrations and entitlements, that exist immediately before the
effective date set out in the transfer by-law continue as the assets,
liabilities, rights and obligations of the water and wastewater public
corporation and are transferred to the corporation.
Effect
of transfer
(6) A
transfer under a transfer by-law made under subsection (1) does not,
(
a) constitute
a breach, termination, frustration or repudiation of any agreement, including a
collective agreement, an employment contract or an insurance contract;
(
b) constitute
an event of default or force majeure;
(
c) constitute
a breach of any Act, regulation or municipal by-law;
(
d) give
rise to a breach, termination, repudiation or frustration of any licence,
permit or other right;
(
e) give
rise to any right to terminate or repudiate an agreement, licence, permit or
other right; or
(
f) give
rise to estoppel.
The Act is amended by adding the following section:
Employees
continued
10.1
(1) Employees
who are transferred under a transfer by-law made under subsection 10 (1) become
employees of the water and wastewater public corporation affected by the
transfer by-law as of the effective date set out in the transfer by-law.
Same
(2) For
all purposes, the employment of the employees immediately before and after the
transfer is continuous.
Same
(3) For
all purposes, including the purposes of an employment contract, a collective
agreement and the Employment Standards Act, 2000 ,
the employment of the employees is not terminated or severed and those
employees are not constructively dismissed because of the transfer.
Terms
of employment
(4) All
rights, duties and liabilities relating to all employees of a municipality who
are transferred under the transfer by-law that are vested in or bind the
municipality affected by the transfer immediately before the effective date set
out in the transfer by-law are vested in or bind the water and wastewater
public corporation instead of the municipality as of the effective date.
Same,
former employees
(5) The
Minister may, by regulation, provide that subsection (4) applies to specific
rights, duties and liabilities relating to former employees of a municipality
affected by a transfer under a transfer by-law.
Retroactive
regulation
(6) A
regulation made under subsection (5) may, if it so provides, be effective with
respect to a period before it is filed so long as that period commences no
earlier than the effective date set out in the transfer by-law.
Corporation
as successor employer
(7) A
transfer under a transfer by-law made under subsection 10 (1) is deemed to be a
sale of a business for the purposes of
section 69 of the Labour
Relations Act, 1995 and
section 13.1 of the Pay
Equity Act and those sections apply to the transfer.
(1) Subsection 20 (2) of the Act is amended by adding the following
clause:
(
q) imposing
requirements, limitations or conditions on a municipality and a water and
wastewater public corporation with respect to the debt of a lower-tier
municipality referred to in subsection 2 (1) or a municipality referred to in
subsection 10 (1) incurred for the financing of capital works that are
transferred under a transfer by-law made under subsection 10 (1), including
requiring a water and wastewater public corporation to make payments of a
specified amount to the municipality in relation to the debt.
(2) Section
20 of the Act is amended by adding the following subsection:
Conflict
with transfer by-law
(2.1) In
the event of a conflict between a regulation made under clause (2) (
j) and a
transfer by-law made under subsection 10 (1), the regulation prevails.
(3) Subsection
20 (4) of the Act is amended by striking out “subclause (2) (l) (iv)” and
substituting “this section”.
(4) Section
20 of the Act is amended by adding the following subsections:
Regulations:
legal effect of transfer under transfer by-law
(6) The
Minister may make regulations specifying the legal effect of a transfer under a
transfer by-law or of a transfer by-law made under subsection 10 (1), including
their effect on existing contractual rights, property rights or other rights
and obligations, and their effect on any transferred employees.
Regulations: agreements
(7) The
Minister may make regulations,
(
a) requiring
parties specified in the regulation to enter into agreements and prescribing
the content of those agreements;
(
b) requiring
one or more parties specified in the regulation to modify, terminate, extend or
suspend any agreements;
(
c) modifying,
terminating, extending or suspending any agreements.
Commencement
This
Schedule comes into force on a day to be named by order of the Lieutenant
Governor in Council.
Bill 98 As Amended by Standing Committee (PDF)
This
reprint of the Bill is marked to indicate the changes that were made in
Committee.
The
changes are indicated by underlines for
new text and a strikethrough for deleted text.
______________
EXPLANATORY
NOTE
SCHEDULE 1
BUILDING CODE ACT, 1992
The
Schedule amends the Building Code Act, 1992 and
makes related amendments to a number of other Acts. Here are some of the
highlights:
1. The
Building Code Act, 1992 is amended to clarify that
standards for the protection or conservation of the environment are included in
the meaning of municipal by-laws respecting the construction or demolition of
buildings for the purposes of
section 35 of the Act.
2. The
City of Toronto Act, 2006 and the Planning Act are amended to clarify that standards for
the protection or conservation of the environment are included in the meaning
of manner of construction and standards for construction for the purposes of
matters not subject to site plan control.
Section
97.1 of the Municipal Act, 2001 and
section 108.1
of the City of Toronto Act, 2006 , which relate to
by-laws respecting the protection and conservation of the environment, are
repealed.
SCHEDULE 2
CITY OF TORONTO ACT, 2006
The
Schedule amends the City of Toronto Act, 2006 .
Various
amendments are made to
section 114, among other things to remove references to
“sustainable design”, to provide that the City cannot require an owner of land
to provide electric vehicle supply equipment in connection with off-street
vehicular parking facilities and to prevent the City, despite subsection
(11) of that section, from imposing requirements related to prescribed matters.
SCHEDULE 3
DEVELOPMENT CHARGES ACT, 1997
The
Schedule amends the Development Charges Act, 1997 .
New
section 4.5 provides that non-profit retirement home developments are exempt
from development charges.
The
Schedule also makes a small number of technical amendments to correct errors in
cross-references.
SCHEDULE 4
FARE ALIGNMENT AND SEAMLESS TRANSIT ACT, 2026
The
Schedule enacts the Fare Alignment and Seamless Transit
Act, 2026 . The major elements are set out below.
The
Minister of Transportation is given the power to make regulations establishing
a fare structure for transit systems that are prescribed by the regulations
made under the Act. These regulations may set fare prices, establish discount
policies, establish transfer policies and address other related matters.
Prescribed
transit systems are also required to participate in a unified fare payment
system approved by the Minister.
The
Minister may prescribe geographic zones. Transit systems that are designated in
relation to that zone must apportion fares among the other systems designated
in relation to that zone in accordance with the regulations.
The
Minister may also make regulations designating new and existing routes as
priority routes, prescribing service standards for those routes and
establishing related service integration requirements.
Prescribed
specialized transit systems that provide services designed to transport persons
with disabilities must participate in a unified trip booking system approved by
the Minister. These transit systems must also provide transportation to persons
with disabilities to a prescribed distance outside of their primary service
area.
Sections
10 to 12 set out various obligations relating to the provision of information
and data to the Minister and Metrolinx.
Section
13 extinguishes various causes of action related to the provisions of this Act.
Section
16 establishes various regulation-making powers for the Minister and for the
Lieutenant Governor in Council.
SCHEDULE 5
METROLINX ACT, 2006
The
Schedule amends the Metrolinx Act, 2006 to create a
new process under which Metrolinx may notify a chief building official of a
proposal to construct or demolish a building associated with a provincial
transit project.
The
new
section 40 sets out requirements respecting the submission of forms and
information and the preparation of a report by the chief building official. The
section also provides rules respecting inspections and opinions on occupancy
and provides for immunity for certain persons, including the chief building
inspector, when executing their powers and duties in good faith. A related
extinguishment of a cause of action and regulation‑making powers are
added.
SCHEDULE 6
MUNICIPAL ACT, 2001
The
Schedule repeals and remakes
section 93 of the Municipal
Act, 2001 . New subsection 93 (1) of the Act provides that no person
shall construct, maintain or operate a water or sewage public utility without
first applying for and obtaining the consent of the municipality. Under new
subsection 93 (2) of the Act, a municipality that receives an application may
provide consent to the application. However, if a regulation is made under
section 93 of the Act prescribing criteria or conditions, the municipality
shall provide consent to the applicant as required by clause 93 (2) (
b) of the
Act. Where a municipality provides consent under clause 93 (2) (
b) of the Act,
subsections 93 (3) and (4) apply. New subsection 93 (5) of the Act provides
regulation-making authority to the Lieutenant Governor in Council.
SCHEDULE 7
PLANNING ACT
The
Schedule makes various amendments to the Planning Act .
Here are some highlights:
1. Amendments
are made to provide that the County of Simcoe can become an upper-tier
municipality without planning responsibilities in relation to lands in
different lower-tier municipalities at different times. Related amendments are
made to
section 70.13 of the Act.
2. Various
amendments are made to
section 16 of the Act, including the following:
i. Subsections
16 (1) and (2) of the Act are repealed and replaced with new provisions
addressing the contents of an official plan. New
section 16.0.1 sets out the
transition from the former official plan framework to the new official plan
framework.
ii. Subsection
16 (14) of the Act is repealed so that an official plan is no longer required
to contain goals, objectives and actions to mitigate greenhouse gas emissions
and to provide for adaptation to a changing climate.
iii. Subsection
16 (18) of the Act is amended and subsection 16 (18.1) of the Act is repealed
to change the circumstances in which an order under subsection 17 (9) of the
Act does not apply to an official plan amendment related to a protected major
transit station area.
3. New
subsection 34 (1.1.1) is added to provide that a zoning by-law cannot require
the owner or occupant of a building or structure to provide and maintain
electric vehicle supply equipment in connection with parking facilities. A
related amendment is made to
section 41 of the Act.
4. Subsection
34 (3.1) is re-enacted and new subsections 34 (3.2) and (3.3) are added to
limit the ability of zoning by-laws to require the minimum area of a parcel of
urban residential land that is not in the Greenbelt Area to be greater than the
prescribed area and to regulate minimum lot frontage or minimum depth of a
parcel in such a way as to require the parcel to be greater than the prescribed
area.
5. Amendments
are made to
section 41 of the Act to remove references to “sustainable design”.
A new subsection 41 (9.3) is also added to prevent municipalities from imposing
requirements related to prescribed matters. Related amendments are made to
section 47 of the Act.
6. Various
amendments are made to
section 42 of the Act, including for the following
purposes:
i. To
broaden the authority of municipalities to require agreements when they accept
certain lands identified by the owner of the lands for park or other public
recreational purposes.
ii. To
ensure the validity of easements intended to allow land to be used for park or
other public recreational purposes.
iii. To
enable an owner who has not received notice of a refusal to accept the
conveyance of the identified lands within 90 days to appeal to the Ontario Land
Tribunal.
iv. To
provide a rule for how certain lands are counted towards any requirement set out
in a by-law under the
section when ordered by the Tribunal to be conveyed to
the municipality.
SCHEDULE 8
SAFE DRINKING WATER ACT, 2002
The
Schedule amends the Safe Drinking Water Act, 2002 .
The definition of municipal drinking water system in subsection 2 (1) of the
Act is amended to include a drinking water system owned by a corporation
designated as a water and wastewater public corporation. New subsections 53
(5.1) and (5.2) of the Act provide for deemed consents under that section.
SCHEDULE 9
WATER AND WASTEWATER PUBLIC CORPORATIONS ACT, 2025
The
Schedule makes various amendments to the Water and
Wastewater Public Corporations Act, 2025 . Some of the major elements of
the
Schedule are described below.
Section
9 is amended to provide that the shares of a water and wastewater public
corporation can only be issued to a municipality, the Province of Ontario, the
water and wastewater public corporation can only sell or transfer the shares of
the corporation to those persons.
new
section 9.1 prohibits a water and wastewater public corporation from transferring
part or all of an asset used to provide water and sewage services unless the
board of directors of the corporation has declared, by resolution, that the
asset is no longer needed for the purposes of providing those services.
Amendments
are made to
section 10 to provide that a transfer by-law shall not transfer
liabilities, rights or obligations arising under certain debt-related financial
instruments or agreements and to specify the legal effect of a transfer under a
transfer by-law.
new
section 10.1 sets out rules about the continuity of employment for
employees who are transferred to a water and wastewater public corporation
under a transfer by-law.
New
subsection 20 (6) authorizes the Minister to make regulations specifying the
legal effect of a transfer under a transfer by-law or of the transfer by-law
itself, including their effect on existing rights or obligations.
New
subsection 20 (7) authorizes the Minister to make regulations requiring
specified parties to enter into agreements or to modify, terminate, extend or
suspend any agreements. The Minister is also authorized to make regulations
modifying, terminating, extending or suspending any agreements.
Bill 98 2026
Act to enact the Fare Alignment and Seamless Transit Act, 2026 and to amend
various Acts
CONTENTS
Preamble
Contents
of this Act
Commencement
Short
title
Schedule 1
Building
Code Act, 1992
Schedule 2
City
of Toronto Act, 2006
Schedule 3
Development
Charges Act, 1997
Schedule 4
Fare
Alignment and Seamless Transit Act, 2026
Schedule 5
Metrolinx
Act, 2006
Schedule 6
Municipal
Act, 2001
Schedule 7
Planning
Act
Schedule 8
Safe
Drinking Water Act, 2002
Schedule 9
Water
and Wastewater Public Corporations Act, 2025
Preamble
The
Government of Ontario is committed to building strong, resilient communities
across the province by:
Removing
barriers to new homes and infrastructure development.
Improving
transportation options to help get people moving across Ontario faster and more
conveniently.
Therefore,
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 of its provisions are to come into
force on a day to be named by order of the Lieutenant Governor in Council, an
order may apply to one or more of those provisions, and orders may be issued at
different times with respect to any of those provisions.
Short
title
3 The
short title of this Act is the Building Homes and Improving
Transportation Infrastructure Act, 2026 .
SCHEDULE 1
BUILDING CODE ACT, 1992
Paragraphs 39.4 and 39.5 of subsection 34 (1) of the Building
Code Act, 1992 are repealed.
Section 35 of the Act is amended by adding the following subsection:
Environmental
standards
(4) For
greater certainty, municipal by-laws respecting the construction or demolition
of buildings referred to in subsection (1) include municipal by-laws that
prescribe construction standards for the protection or conservation of the
environment.
Related
Amendments
City
of Toronto Act
Section 108.1 of the City of Toronto Act, 2006 is
repealed.
(1) Subparagraph 2 iv of subsection 114 (5) of the Act is repealed.
(2) Paragraph
1.1 of subsection 114 (6) of the Act is amended by striking out “or is a matter
referred to in subparagraph 2 iv of subsection (5)” at the end.
(3) Paragraph
3 of subsection 114 (6) of the Act is amended by striking out “construction
standards” at the end and substituting “standards for construction”.
(4) Section
114 of the Act is amended by adding the following subsection:
Environmental
standards
(6.2) For
greater certainty, the manner of construction and standards for construction
referred to in paragraph 3 of subsection (6) includes standards for the
protection or conservation of the environment.
Modernizing
Ontario’s Municipal Legislation Act, 2017
Section 10 of
Schedule 2 to the Modernizing Ontario’s
Municipal Legislation Act, 2017 is repealed.
Municipal
Act, 2001
Section 97.1 of the Municipal Act, 2001 is
repealed.
Planning
Act
(1) Subparagraph 2 (
d) of subsection 41 (4) of the Planning Act is repealed.
(2) Paragraph
1.1 of subsection 41 (4.1) of the Act is amended by striking out “or is a
matter referred to in subparagraph 2 (
d) of subsection (4)” at the end.
(3) Section
41 of the Act is amended by adding the following subsection:
Environmental
standards
(4.1.2) For
greater certainty, the manner of construction and standards for construction
referred to in paragraph 3 of subsection (4.1) includes standards for the
protection or conservation of the environment.
(1) Sub-subparagraph 1 ii D of subsection 47 (4.4) of the Act is
repealed.
(2) Paragraph
3 of subsection 47 (4.11) of the Act is amended by striking out “construction
standards” at the end and substituting “standards for construction”.
(3) Section
47 of the Act is amended by adding the following subsection:
Environmental
standards
(4.11.1) For
greater certainty, the manner of construction and standards for construction
referred to in paragraph 3 of subsection (4.11) includes standards for the
protection or conservation of the environment.
Commencement
Commencement
This
Schedule comes into force on the day the Building
Homes and Improving Transportation Infrastructure Act, 2026 receives
Royal Assent.
SCHEDULE 2
CITY OF TORONTO ACT, 2006
Subsection 113 (1) of the City of Toronto Act, 2006
is repealed.
(1) Subparagraph 2 v of subsection 114 (5) of the Act is repealed
and the following substituted:
v. the
elements on any adjoining highway under the City’s jurisdiction, including
trees, shrubs, hedges, plantings or other ground cover, paving materials,
street furniture, curb ramps, waste and recycling containers and bicycle
parking facilities, if an official plan and a by-law passed under subsection
(2) that both contain provisions relating to such matters are in effect in the City,
but only to the extent that such elements are necessary to address matters of
(2) Subsection
114 (6.1) of the Act is amended by striking out “sustainable design”.
(3) Subclause
114 (11) (a) (iii) of the Act is amended by adding “subject to subsection
(13.1)” at the beginning.
(4) Section
114 of the Act is amended by adding the following subsections:
Limitation
on requirement re parking facilities
(13.1) An
owner of land may not be required by the City, under subclause (11) (a) (iii),
to provide electric vehicle supply equipment in connection with off-street
vehicular parking facilities.
Limitation,
prescribed matters
(13.2) With
respect to an application made on or after the day a regulation made pursuant
to this subsection comes into force, despite subsection (11), the City may not
impose requirements respecting prescribed matters.
Paragraph 8 of subsection 226.4 (3) of the Act is amended by striking out “ Police Services Act ” and substituting “ Community Safety and Policing Act, 2019 ”.
Commencement
This
Schedule comes into force on the day the Building
Homes and Improving Transportation Infrastructure Act, 2026 receives
Royal Assent.
SCHEDULE 3
DEVELOPMENT CHARGES ACT, 1997
The Development Charges Act, 1997 is amended by
adding the following section:
Exemption
for non-profit retirement home development
Definition
4.5
(1) In this
section,
“non-profit
retirement home development” means the development of a building or structure
intended for use as a retirement home, as defined in subsection 2 (1) of the Retirement Homes Act, 2010 , and developed by,
(
a) a
corporation to which the Not-for-Profit Corporations Act,
2010 applies, that is in good standing under that Act, or
(
b) a
corporation without share capital to which the Canada
Not-for-profit Corporations Act applies, that is in good standing under
that Act.
Exemption
(2) A
non-profit retirement home development is exempt from development charges.
Transition
(3) Subsection
(2) does not apply with respect to a development charge that is payable before
the day
section 1 of
Schedule 3 to the Building Homes and
Improving Transportation Infrastructure Act, 2026 comes into force.
Same
(4) For
greater certainty, subsection (2) applies to future instalments that would have
been payable in accordance with
section 26.1 after the day
section 1 of
Schedule 3 to the Building Homes and Improving
Transportation Infrastructure Act, 2026 comes into force.
Paragraphs 1 and 2 of subsection 52 (3.1) of the Act are repealed and the
following substituted:
1. Subsection
26.1 (3) or (3.1), as applicable.
2. Subsections
26.1 (5) and (6).
Commencement
This
Schedule comes into force on the day the Building
Homes and Improving Transportation Infrastructure Act, 2026 receives
Royal Assent.
Schedule 4
Fare Alignment and Seamless Transit Act, 2026
CONTENTS
PART I
INTERPRETATION
Purposes
Definitions
PART II
TRANSIT REQUIREMENTS
Compliance with Requirements
Compliance
with requirements
Prescribed transit systems
Fare
structure
Participation
in unified fare payment system
Apportionment
of fares
Service
integration for priority routes
Prescribed specialized transit
systems
Unified
trip booking system
Cross-boundary
services for persons with disabilities
Information and Data
Report
to the Minister
Request
for information regarding services and fares
Information
or data directive
PART III
MISCELLANEOUS
Extinguishment
of causes of action
establishment of private law right, duty
Conflict
with The Railways Act or the City of Toronto Act, 2006
PART IV
REGULATIONS
Regulations
PART V
COMMENCEMENT AND
SHORT TITLE
Commencement
Short
title
PART I
INTERPRETATION
Purposes
1 The purposes of this Act are to,
(
a) improve
the transportation system to strengthen Ontario’s economy;
(
b) enhance
rider experience through greater transit fare and service integration,
including for persons with disabilities and others who rely on public
transportation;
(
c) enable
people to use transit to travel across municipalities and access employment,
education and essential services; and
(
d) improve
establishing provincial requirements.
Definitions
2 In this Act,
“disability”
with Disabilities Act, 2005 ; (“handicap”)
“local
transit system” means a passenger transportation system that is operated
principally within a municipality and includes transportation services for
persons with disabilities, but does not include transportation by special
purpose vehicles such as school buses or ambulances and does not include any
system operated by and for Metrolinx; (“réseau local de transport en commun”)
“Minister”
means the Minister of Transportation or such other member of the Executive
Council as may be assigned the administration of this Act under the Executive Council Act ; (“ministre”)
“municipal
agency” means,
(
a) a
local board as defined in subsection 1 (1) of the Municipal
Act, 2001 ,
(
b) a
local board as defined in subsection 3 (1) of the City of
Toronto Act, 2006 , including, for greater certainty, the Toronto Transit
Commission,
(
c) a
corporation established by a municipality under
section 203 of the Municipal Act, 2001 , or a secondary corporation as
defined in subsection 203 (3.1) of that Act, or
(
d) a
corporation established by the City of Toronto under
section 148 of the City of Toronto Act, 2006 , and every secondary
corporation as defined in subsection 148 (4) of that Act; (“organisme municipal”)
“municipal
transit area” means the area comprised of,
(
a) the
City of Toronto,
(
b) the
City of Hamilton,
(
c) the
Regional Municipality of Durham,
(
d) the
Regional Municipality of Halton,
(
e) the
Regional Municipality of Peel,
(
f) the
Regional Municipality of York, and
(
g) any
additional areas that are prescribed by the Lieutenant Governor in Council; (“zone
municipale de transport en commun”)
“prescribed”
means prescribed by the regulations; (“prescrit”)
“prescribed
municipal transit system” means a local transit system prescribed by the
Minister, or a passenger transportation system prescribed by the Lieutenant
Governor in Council, that is operated in a municipal transit area; (“réseau
municipal de transport en commun prescrit”)
“prescribed
specialized transit system” means a local transit system prescribed by the
Minister, or a passenger transportation system prescribed by the Lieutenant
Governor in Council, that is operated in a municipal transit area and that
provides services designed to transport persons with disabilities; (“réseau
spécialisé de transport en commun prescrit”)
“prescribed
transit system” means a prescribed municipal transit system or a prescribed
specialized transit system; (“réseau de transport en commun prescrit”)
“primary
service area” means the municipality or area in which a passenger
transportation system principally operates; (“zone principale de desserte”)
“regulations”
means the regulations made under this Act. (“règlements”)
PART II
TRANSIT REQUIREMENTS
Compliance with Requirements
Compliance
with requirements
(1) A municipality or municipal
agency that has established or that operates or maintains a prescribed transit
system shall ensure that the system complies with the requirements established
under this Act.
Same
(2) If
a prescribed transit system is established, operated or maintained by another
entity for or on behalf of one or more municipalities or municipal agencies,
every such municipality or municipal agency shall ensure that the system
complies with the requirements established under this Act.
Prescribed transit systems
Fare
structure
4 The Minister may make regulations establishing
a fare structure for prescribed transit systems, including,
(
a) setting
fare prices;
(
b) defining
fare categories, types and eligibility requirements;
(
c) establishing
fare discount policies;
(
d) establishing
transfer policies for travel between a prescribed transit system and any other
passenger transportation systems.
Participation
in unified fare payment system
5 Every prescribed transit system shall, within
the prescribed timeframe, participate in a unified fare payment system approved
by the Minister.
Apportionment
of fares
(1) The Minister may
prescribe geographic zones for the purposes of this
section and may designate
prescribed transit systems in relation to each zone.
Same
(2) All
fares collected by any prescribed transit system that is designated in relation
to a geographic zone described in subsection (1) shall be apportioned among the
systems designated in relation to that geographic zone in accordance with the
regulations.
Payment
by prescribed transit systems
(3) Every
prescribed transit system that is designated in relation to a geographic zone
shall pay the amounts required to be provided by it in accordance with the
apportionment rules set out in the regulations.
Regulations
respecting apportionment
(4) The
Minister may make regulations respecting fares that are subject to
apportionment under subsection (2) and providing for how they must be shared,
including the apportioning of those fares among prescribed transit systems and
the manner in which any share shall be recovered.
Same
(5) A
regulation made under subsection (4) may do one or more of the following:
1. Authorize
prescribed transit systems that are designated in relation to a geographic zone
to determine by agreement how fares are to be apportioned, subject to any
conditions that may be set out in the regulations.
2. Set
out the manner in which the fares are to be apportioned.
3. Provide
for an arbitration process for determining how fares are to be apportioned or
for resolving any related disputes.
Same
(6) A
regulation that relates to the matters described in subsection (5) may,
(
a) provide,
on an interim basis, for the manner in which fares are to be apportioned and
for the time and manner in which payments are to be made;
(
b) permit
an agreement or an arbitration decision to apply to fares received or payments
made before the agreement or decision is reached; and
(
c) provide
for the reconciliation of amounts paid on an interim basis.
Service
integration for priority routes
7 The Minister may make regulations,
(
a) designating
new and existing routes as priority routes, which may cross municipal
boundaries;
(
b) prescribing
service standards for priority routes, including,
(
i) establishing
time periods during which the service standards must be met,
(ii) establishing
the frequency of services to be provided on the priority route, which may
specify the frequency of service at different stops on the priority route;
(
c) prescribing
requirements for service integration between different prescribed transit
systems on priority routes, including requiring services be provided by a
prescribed transit system outside of its primary service area.
Prescribed specialized transit systems
Unified
trip booking system
8 Every prescribed
specialized transit system shall, within the prescribed timeframe, participate
in a unified trip booking system approved by the Minister.
Cross-boundary
services for persons with disabilities
(1) On request by a person with a
disability, every prescribed specialized transit system shall provide
transportation from a location originating within its primary service area to a
prescribed distance outside of its primary service area, without requiring the
person to transfer to a different passenger transportation system.
Support
person
(2) If
the person described in subsection (1) has a need for a support person, the
prescribed specialized transit system shall also transport the support person
the same distance described in subsection (1) and shall not charge a fare to
the support person.
Responsibility
(3) It
is the responsibility of a person with a disability to, in accordance with the
regulations, if any, demonstrate to the prescribed specialized transit system
their need for a support person to accompany them.
Information and Data
Report
to the Minister
(1) Every municipality or municipal
agency that has established or that operates or maintains a prescribed transit
system, or for which or on whose behalf a prescribed transit system has been
established, operated or maintained, shall file reports with the Minister in
respect of the prescribed transit system within the prescribed timeframe, and
at such other times as the Minister may specify.
Form
of report
(2) A
report described in subsection (1) shall be in the form required by the
Minister and shall include,
(
a) information
demonstrating how the prescribed transit system has complied with the
requirements established under this Act; and
(
b) any
other prescribed documentation or data.
Publication
(3) The
Minister may publish or otherwise make available to the public information
respecting a prescribed transit system’s compliance with the requirements
established under this Act.
Request
for information regarding services and fares
(1) The Minister may request that
any municipality or municipal agency that has established or that operates or
maintains a prescribed transit system, or for which or on whose behalf a
prescribed transit system has been established, operated or maintained, provide
detailed information to the Minister in relation to a prescribed transit system
regarding services and trips provided and fares collected.
Same,
information on unified trip booking system
(2) The
Minister may request that any municipality or municipal agency that has established
or that operates or maintains a prescribed specialized transportation system a prescribed specialized transit system ,
or for which or on whose behalf a prescribed specialized transportation system a prescribed specialized transit system has
been established, operated or maintained, provide detailed information in
relation to the use of the unified trip booking system described in
section 8.
Compliance
(3) A
municipality or municipal agency shall comply with a request made under
subsection (1) or (2) within the time specified by the Minister.
Information
or data directive
(1) The Minister may issue a
directive in writing directing a municipality, a municipal agency or a
passenger transportation system to provide the Minister or Metrolinx with
information or data, as well as copies of any contracts, records, reports,
surveys, plans or any other document that, in the Minister’s opinion, may be
required to support the purposes of this Act or the development of regulations
under this Act.
Compliance
(2) A
municipality, municipal agency or passenger transportation system that receives
a directive under subsection (1) shall comply with the directive within the
time specified by the Minister.
PART III
MISCELLANEOUS
Extinguishment
of causes of action
(1) No cause
of action arises against a person set out in subsection (2) as a direct or
indirect result of,
(
a) the
enactment, amendment or repeal of any provision of this Act;
(
b) the
making, amendment or revocation of any provision of a regulation, request or
directive under this Act;
(
c) the
granting or termination of any approval under this Act; or
(
d) anything
done or not done in accordance with this Act or a regulation, request,
directive or approval under this Act, including any collection, use or
disclosure of information authorized under this Act.
Persons
referred to
(2) The
persons referred to in subsection (1) are,
(
a) the
Crown or any current or former member of the Executive Council or employee,
officer or agent of or advisor to the Crown;
(
b) a
municipality or municipal agency, or any current or former member of the
council of the municipality or of the municipal agency, or employee, officer or
agent of or advisor to the municipality or municipal agency;
(
c) Metrolinx
or any of its subsidiary corporations, or any current or former director,
employee, officer or agent of or advisor to Metrolinx or any of its subsidiary
corporations; or
(
d) any
person prescribed by the Lieutenant Governor in Council.
remedy
(3) No
costs, compensation or damages, including for loss of revenue or profit or any
other alleged loss, whether direct or indirect, are owing or payable to any
person by a person referred to in subsection (1), and no remedy, including a
remedy in contract, restitution, tort, a remedy for misfeasance, bad faith or a
breach of trust or fiduciary obligation, any equitable remedy or any remedy
under any statute, is available to any person against any person referred to in
subsection (1) in connection with anything referred to in that subsection.
Proceedings
barred
(4) 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
(5) Subsections
(3) and (4) do not apply with respect to an application for judicial review or
a claim for a constitutional remedy, but do apply with respect to any other
court, administrative or arbitral proceeding claiming any remedy or relief,
including specific performance, an injunction, declaratory relief or the
enforcement of a judgment, order or award made outside Ontario.
costs awarded
(6) No
costs shall be awarded against any person in respect of a proceeding that
cannot be brought or maintained under subsection (4).
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.
Certain
proceedings by municipalities not prevented
(9) This
section does not apply with respect to proceedings brought by a municipality
against,
(
a) any
current or former member of the council of the municipality or of a municipal
agency of the municipality; or
(
b) any
current or former employee, officer or agent of or advisor to the municipality
or a municipal agency of the municipality.
Certain
proceedings by municipal agencies not prevented
(10) This
section does not apply with respect to proceedings brought by a municipal
agency against,
(
a) any
current or former member of the municipal agency; or
(
b) any
current or former employee, officer or agent of or advisor to the municipal
agency.
Certain
proceedings by Metrolinx not prevented
(11) This
section does not apply with respect to proceedings brought by Metrolinx or any
of its subsidiary corporations against any current or former director,
employee, officer or agent of or advisor to Metrolinx or any of its subsidiary
corporations.
establishment of private law right, duty
14 Nothing in this Act or
any regulation, request, directive or approval made under this Act establishes
a private law right or duty, including a private law duty of care or fiduciary
duty, owing to any person.
Conflict
with The Railways Act or the City
of Toronto Act, 2006
15 If a provision of this
Act or of a regulation made under this Act conflicts with The
Railways Act , being
chapter 331 of the Revised Statutes of Ontario, 1950,
or with subsection 395 (1) of the City of Toronto Act,
2006 , the provision of this Act or the regulation under this Act
prevails to the extent of the conflict.
PART IV
REGULATIONS
Regulations
Minister
(1) The
Minister may make regulations,
(
a) prescribing
or respecting any matter that this Act refers to as a matter that the
regulations may prescribe, specify, designate, set out or otherwise deal with;
(
b) prescribing
local transit systems as prescribed municipal or specialized transit systems
for the purposes of the Act;
(
c) clarifying
the meaning of “primary service area” for the purposes of this Act;
(
d) prescribing
a geographic zone for the purposes of subsection 6 (1) and