Waste and Roads Transfer to Municipalities

Summary#

The Peel Transition Implementation Act, 2025 amends Ontario’s Municipal Act, 2001 and Ministry of Municipal Affairs and Housing Act. It transfers responsibility for waste collection, and for specified roads and related stormwater utilities, from Peel Region to Mississauga, Brampton and Caledon. Its stated goal is to implement that transition; the Act has received Royal Assent, though one amendment has a separate start date.

  • Waste collection jurisdiction transfers to each lower-tier municipality for its own area on a date set by the Minister, or January 1, 2026 if no different date is set.
  • Peel’s jurisdiction or joint jurisdiction over highways, bridges and public utilities collecting stormwater from those highways transfers in the same way, or July 1, 2026 if no different date is set.
  • The Minister may make regulations to support the transfers. These may deal with assets, liabilities, agreements, financial adjustments, operations and employment, municipal work or payments, records, and monitoring. The Minister may also require municipal cooperation with the Provincial Land and Development Facilitator.
  • Peel cannot pass a by-law to take waste collection jurisdiction back from the three municipalities during the period from March 20, 2025 to December 31, 2035.
  • The Minister may appoint up to six Deputy Provincial Land and Development Facilitators, up from four. Changes to a table in the Municipal Act have a start date set by order; the supplied material does not say whether that order has been made.
  • The Act limits legal claims connected to the transition. It preserves applications for judicial review and constitutional remedies, and does not prevent proceedings brought by the Crown.

What it means for you#

  • Mississauga, Brampton and Caledon residents: Your municipality will take over jurisdiction for waste collection and specified roads, bridges and related stormwater utilities in its area. The Act does not itself set out changes to collection schedules, service levels or fees.
  • Peel Region and the three municipalities: They must operate under the jurisdiction transfers. The Minister may make regulations requiring cooperation, records, work, services or payments, and may set conditions for agreements that could affect the transfers.
  • Municipal employees and local boards: The Minister may make regulations about operational and employment matters and may require cooperation or records. The Act does not itself set out who will move to which employer or what employment terms will apply.
  • People or organizations with claims related to the transition: The Act bars many proceedings and remedies against the listed governments and people, including claims for compensation or damages. Judicial review and constitutional remedies remain available. The immunity applies even to causes of action arising before the Act came into force.
  • Deputy facilitators: The Minister can appoint up to two more than before. The Act does not require the Minister to appoint all six.

Money#

The Act gives the Minister power to require financial adjustments or payments, but the supplied material gives no cost estimate.

  • No appropriation, fee change or amount of required spending is specified in the supplied text.
  • Regulations may transfer assets, liabilities and obligations, require work or services, or require payments between municipalities. The amounts and allocation are not set out here.
  • No publicly available information in the supplied material gives staffing costs or estimates the financial effect on municipalities or taxpayers.

What is unclear#

  • The Minister can set different transfer dates for each municipality; the supplied material does not say whether different dates have been set.
  • The terms, timing and financial details for transferring assets, liabilities, obligations and employees may depend on regulations that are not included here.
  • The Act does not specify what service levels or fees municipalities must maintain after taking over.
  • The supplied text does not include the full Municipal Act, 2001. I could not verify the practical effect of the changes to its table or the exception making section 52 inapplicable to Peel.
  • The Act allows regulations to require records that may include privileged or confidential information, but the supplied material does not explain how disclosure would be handled in practice.

Case for#

  • A possible argument for the bill is that it gives each lower-tier municipality responsibility for services and infrastructure within its own area.
  • The Minister’s regulation-making powers could help coordinate transfers of agreements, assets, liabilities, staff and finances rather than leaving each issue unresolved.
  • The default dates give a timetable, while allowing the Minister to set different dates if needed.
  • The Facilitator’s role, and the power to require municipal cooperation, could help address transition issues involving several local governments.

Case against#

  • The Minister has broad power to make rules on finances, employment, agreements, records and municipal operations, but the Act does not set detailed limits or processes for using those powers.
  • The Act allows regulations to apply retroactively to no earlier than June 4, 2025, and says they may change or extinguish rights or obligations that already arose.
  • The liability protections are broad: many claims for damages, compensation or other remedies are barred, and the Act says the transition is not an expropriation or injurious affection.
  • The Act does not specify the costs, asset valuations, service standards or employment arrangements for the transition. Those details may be left to later regulations.

Votes

Motion for allocation of time on Bill 45, An Act to make statutory amendments respecting the transfer of jurisdiction within The Regional Municipality of Peel and the appointment of Deputy…

For (65%)
Against (35%)