Hazel McCallion Act (Peel Restructuring), 2023, S.O. 2023, c. 13

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Hazel McCallion Act (Peel Restructuring), 2023

S.o. 2023, chapter 13

Consolidation Period:  From June 6, 2024 to the e-Laws currency date.

Last amendment: 2024, c. 16, Sched. 7.

Legislative History: 2024, c. 16, Sched. 7.

CONTENTS

 

Preamble

The people of Ontario and their Government:

Respect and support the effective administration of local governance.

Recognize that municipalities should be empowered with the tools needed to plan for population growth, including the tools needed to build more housing options, and should work together fairly and in good partnership with neighbouring municipalities.

Understand that safe communities and the delivery of effective frontline services are key pillars of local government, including by preserving frontline workers.

Appreciate the importance of value for money and high-quality services delivered in an efficient manner for taxpayers.

Acknowledge that where there are shared assets and services, municipalities should be treated in an equitable and fair manner whereby all residents, regardless of where they live, are respected and have access to excellent services.

Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Interpretation

1 In this Act,

“Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“transition board” means the transition board established under subsection 3 (1). (“conseil de transition”)

2 Repealed: 2024, c. 16, Sched. 7, s. 2.

Section Amendments with date in force (d/m/y)

2024, c. 16, Sched. 7, s. 2 - 06/06/2024

Transition board

3 (1) A transition board is established consisting of up to five members appointed by the Minister, or up to such other number as may be prescribed. 2023, c. 13, s. 3 (1).

Chair

(2) The Minister may designate one of the members of the transition board as chair. 2023, c. 13, s. 3 (2).

Body corporate

(3) The transition board is a body corporate without share capital. 2023, c. 13, s. 3 (3).

Non-application of corporate Acts

(4) The Not-for-Profit Corporations Act, 2010 and the Corporations Information Act do not apply to the transition board except, in the case of the Not-for-Profit Corporations Act, 2010, as is prescribed by regulation. 2023, c. 13, s. 3 (4).

Duties

(5) The transition board shall do the following:

1.  Provide recommendations to the Minister, by the date or dates directed by the Minister, respecting the transfer of powers, responsibilities or jurisdiction from The Regional Municipality of Peel with respect to the matters set out in subsection (5.1), including recommendations with respect to,

i.  transferring assets of The Regional Municipality of Peel,

ii.  assigning liabilities, debt and other financial obligations of The Regional Municipality of Peel,

iii.  employment matters, including pension and benefit obligations,

iv.  the allocation, governance, use and control of the powers, responsibilities or jurisdiction that may be transferred, including whether other entities should be established or other shared servicing arrangements would be advisable,

v.  the impact on any municipality that may be affected, and

vi.  any other matters that the board considers advisable or that the Minister may direct.

2.  Monitor, as the board considers appropriate, the actions, duties or decisions of the councils of The Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the Town of Caledon and their local boards.

3.  Monitor, as the board considers appropriate, the actions, duties or decisions of The Regional Municipality of Peel, the City of Mississauga, the City of Brampton and the Town of Caledon that have been delegated to committees, staff or officers of the municipalities or any of their local boards, as the case may be.

4.  Advise or report to the Minister on any matter that the Minister considers advisable.

5.  Carry out any other prescribed duties. 2023, c. 13, s. 3 (5); 2024, c. 16, Sched. 7, s. 3 (1).

Same

(5.1) The following are the matters for the purposes of paragraph 1 of subsection (5);

1.  Land use planning.

2.  Water and wastewater.

3.  Storm water.

4.  Highways.

5.  Waste management. 2024, c. 16, Sched. 7, s. 3 (2).

Fees, etc.

(6) The fees or remuneration paid to the transition board and travelling and other expenses incurred by the transition board shall be determined by the Minister and may be apportioned by the Minister from among The Regional Municipality of Peel, the City of Mississauga, the City of Brampton and the Town of Caledon. 2023, c. 13, s. 3 (6).

Co-operation, access to information

(7) The members of the councils of The Regional Municipality of Peel, the City of Mississauga, the City of Brampton and the Town of Caledon, and the employees and agents of those municipalities and the members, employees and agents of each local board of those municipalities, shall,

(a)  co-operate with the transition board and its employees and agents, and assist them in the performance of their duties and comply with their requests under this Act; and

(b)  on request, allow any person or entity described in clause (a) to examine and copy any document, record or other information in the possession of the member, employee or agent’s respective municipality or local board. 2023, c. 13, s. 3 (7); 2024, c. 16, Sched. 7, s. 3 (3).

Power to require information, etc.

(8) Without limiting the generality of subsection (7), the transition board has power to,

(a)  require The Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the Town of Caledon or local boards of any of those municipalities to,

(i)  furnish information, records or documents that are in its possession or control,

(ii)  create a new document or record and furnish the document or record,

(iii)  update earlier information furnished under this subsection, and

(iv)  provide support and expertise to the transition board; and

(b)  impose a deadline for compliance with a requirement under clause (a). 2023, c. 13, s. 3 (8).

Disclosure despite privilege

(9) A person who is required under subsection (7) or (8) to provide information or to produce documents shall comply with the requirement even if the information or documents are privileged or confidential. 2023, c. 13, s. 3 (9).

Sharing information with the Crown

(10) The transition board may share any information or documents that it receives under subsections (7) and (8), including privileged or confidential information, with the Crown. 2023, c. 13, s. 3 (10).

No waiver of privilege

(11) A disclosure under subsection (9) or (10) does not constitute a waiver of privilege. 2023, c. 13, s. 3 (11).

Duty to give information

(12) If the transition board requires any municipality or local board to do anything under subsection (8), the council of the municipality or the local board, as the case may be, shall comply with the requirement by the deadline imposed by the transition board. 2023, c. 13, s. 3 (12).

Dissolution of transition board

(13) The transition board is dissolved on January 31, 2025 or on such earlier or later date as the Minister may prescribe. 2023, c. 13, s. 3 (13); 2024, c. 16, Sched. 7, s. 3 (4).

Section Amendments with date in force (d/m/y)

2024, c. 16, Sched. 7, s. 3 (1-4) - 06/06/2024

Personal information

4 (1) A person who obtains information under subsection 3 (7), (8) or (10), or under the regulations made under this Act, that is personal information as defined in the Municipal Freedom of Information and Protection of Privacy Act shall use and disclose it only for the purposes of this Act.

Example

(2) Without limiting the generality of subsection (1), the information that may be used or disclosed under that subsection includes information relating to,

(a)  a transaction, commitment or agreement or proposed transaction, commitment or agreement of a municipality or of any of its local boards; or

(b)  anything done or proposed to be done in connection with the finances of a municipality or of any of its local boards by,

(i)  a member of the council of a municipality or of a local board, as the case may be, or

(ii)  an employee or agent of a municipality or of a local board, as the case may be.

Offence

(3) A person who wilfully fails to comply with subsection (1) is deemed to have contravened clause 48 (1) (a) of the Municipal Freedom of Information and Protection of Privacy Act.

Conflict with FIPPA, MFIPPA

(4) Subsection (1) applies despite anything in the Freedom of Information and Protection of Privacy Act or the Municipal Freedom of Information and Protection of Privacy Act.

Requirement to consider public interest

5 The Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the Town of Caledon and their local boards shall, when considering entering into any transaction, commitment or agreement before such date as may be specified by the regulations, act in the public interest having regard to the transfer of powers, responsibilities or jurisdiction from The Regional Municipality of Peel with respect to the matters set out in subsection 3 (5.1), including acting in a manner that does not unreasonably impact another municipality. 2024, c. 16, Sched. 7, s. 4.

Section Amendments with date in force (d/m/y)

2024, c. 16, Sched. 7, s. 4 - 06/06/2024

Transactions, commitments, etc.

6 (1) If the transition board is of the opinion that The Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the Town of Caledon or any of their local boards has acted or proposes to act in a manner that is contrary to section 5, the transition board,

(a)  shall notify the relevant municipality or local board; and

(b)  may direct the municipality or local board to,

(i)  in the case of a transaction, commitment or agreement that has been completed or entered into, take steps to modify or undo the effect of the transaction, commitment or agreement, or

(ii)  in the case of a proposed transaction, commitment or agreement, not proceed with the transaction, commitment or agreement or to proceed with modifications.

Failure to comply with direction

(2) If a municipality or local board receives a direction from the transition board under subsection (1) and, despite that direction, proceeds with the transaction, commitment or agreement or does not modify or undo the transaction, commitment or agreement, the transition board may notify the Minister that the transition board is of the view that the municipality or the local board has acted or proposes to act in a manner that is contrary to section 5.

Minister order

(3) If the Minister receives notice from the transition board under subsection (2), the Minister may, by order,

(a)  in the case of a transaction, commitment or agreement that has been completed or entered into, modify or terminate the transaction, commitment or agreement; or

(b)  in the case of a proposed transaction, commitment or agreement, prohibit The Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the Town of Caledon or any of their local boards, as the case may be, from proceeding with the transaction, commitment or agreement.

Legislation Act, 2006

(4) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (3).

No cause of action

7 (1) No cause of action arises against any of the transition board’s members or any of its employees or agents, or any employee or agent of a municipality or of its local board who acts under the direction of the transition board or Minister, for any act done in good faith in the exercise or performance or intended exercise or performance of their powers, duties or functions under this Act or for any alleged neglect, default or other omission in the exercise or performance in good faith of their powers, duties or functions.

Proceedings barred

(2) No proceeding shall be commenced against any person or entity specified in subsection (1) in respect of a matter referred to in that subsection.

Employer liability

(3) Subsection (1) does not relieve the transition board, a municipality or a local board of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1).

Enforcement

8 (1) The Minister may apply to the Superior Court of Justice for an order requiring a person or entity to comply with,

(a)  any provision of this Act or of a regulation made under it;

(b)  a direction of the transition board under clause 6 (1) (b); or

(c)  an order made by the Minister under subsection 6 (3).

Same

(2) Subsection (1) is additional to, and does not replace, any other available means of enforcement.

Limitation on remedies

9 (1) No cause of action arises against the Crown, the transition board, The Regional Municipality of Peel, the City of Mississauga, the City of Brampton, the Town of Caledon, any current or former member of the Executive Council or any current or former employee, officer or agent of or advisor to the Crown, the transition board or The Regional Municipality of Peel, the City of Mississauga, the City of Brampton or the Town of Caledon, as a direct or indirect result of,

(a)  the enactment, amendment or repeal of any provision of this Act;

(b)  the making, amendment or revocation of any provision of a regulation, order, direction or recommendation or other instrument under this Act;

(c)  the provision of any advice or report provided under this Act;

(d)  anything done or not done in accordance with this Act, or a regulation, order, direction or recommendation or other instrument under this Act;

(e)  any modification, revocation, cessation or termination of rights in real property, contractual rights or other rights resulting from anything referred to in clauses (a) to (d); or

(f)  any representation or other conduct that is related, directly or indirectly, to anything referred to in clauses (a) to (d), whether the representation or other conduct occurred before or after this subsection came into force. 2024, c. 16, Sched. 7, s. 5.

No remedy

(2) Except as otherwise provided under this Act, no costs, compensation or damages, including for loss of revenues or loss of profit, are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any equitable remedy or any remedy under any statute, is available to any person in connection with anything referred to in subsection (1) against any person referred to in that subsection. 2024, c. 16, Sched. 7, s. 5.

Proceedings barred

(3) No proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against any person referred to in that subsection. 2024, c. 16, Sched. 7, s. 5.

Application

(4) Subsection (3) does not apply with respect to an application for judicial review, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief or the enforcement of a judgment, order or award made outside Ontario. 2024, c. 16, Sched. 7, s. 5.

Retrospective effect

(5) Subsections (1) to (3) apply regardless of whether the cause of action on which a proceeding is purportedly based arose before, on or after the day section 5 of Schedule 7 to the Cutting Red Tape to Build More Homes Act, 2024 comes into force. 2024, c. 16, Sched. 7, s. 5.

No costs awarded

(6) No costs shall be awarded against any person in respect of a proceeding that cannot be brought or maintained under subsection (3). 2024, c. 16, Sched. 7, s. 5.

Aboriginal or treaty rights

(7) This section does not apply to a cause of action that arises from any aboriginal or treaty right that is recognized and affirmed by section 35 of the Constitution Act, 1982. 2024, c. 16, Sched. 7, s. 5.

No expropriation or injurious affection

(8) Nothing referred to in subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2024, c. 16, Sched. 7, s. 5.

Proceedings by Crown not prevented

(9) This section does not apply with respect to proceedings brought by the Crown. 2024, c. 16, Sched. 7, s. 5.

Section Amendments with date in force (d/m/y)

2024, c. 16, Sched. 7, s. 5 - 06/06/2024

Regulations — Minister

10 (1) The Minister may make regulations,

(a)  prescribing anything required to be or referred to in this Act as being prescribed by the regulations;

(b)  defining any word or expression used in this Act that has not already been expressly defined in this Act;

(c)  governing the transition board, including,

(i)  governing the composition of the board, terms of office for board members, remuneration and expenses that board members are entitled to be paid, the filling of vacancies, quorum requirements and conflicts of interest for board members,

(ii)  prescribing the powers and duties of the board,

(iii)  permitting the board to authorize one or more of its members to exercise a power or perform a duty on its behalf,

(iv)  permitting the board to hire staff, arrange for facilities and obtain expert services, including imposing conditions and limitations with respect to such matters, and

(v)  providing for anything necessary for the dissolution of the board;

(d)  specifying a date for the purposes of section 5 or specifying different dates that apply in different circumstances. 2023, c. 13, s. 10 (1); 2024, c. 16, Sched. 7, s. 6.

Retroactivity

(2) A regulation made under subsection (1) is, if it so provides, effective with reference to a period before it was filed, but not earlier than May 18, 2023. 2023, c. 13, s. 10 (2).

Section Amendments with date in force (d/m/y)

2024, c. 16, Sched. 7, s. 6 - 06/06/2024

11, 12 Repealed: 2024, c. 16, Sched. 7, s. 7.

Section Amendments with date in force (d/m/y)

2024, c. 16, Sched. 7, s. 7 - 06/06/2024

13 (1) Omitted (provides for coming into force of provisions of this Act). 2023, c 13, s. 13 (1).

(2) Repealed: 2024, c. 16, Sched. 7, s. 7.

Section Amendments with date in force (d/m/y)

2024, c. 16, Sched. 7, s. 7 - 06/06/2024

14 Omitted (enacts short title of this Act).

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