Hazel McCallion Act (Peel Restructuring), 2023

Bills that amended this Act0

No published amendment links yet for this Act.

Sections17

• [s0]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 Majest…

• 1Interpretation

  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”)

• 2Repealed

  2 Repealed: 2024, c. 16, Sched. 7, s. 2.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

• 3Transition 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 M…

• 4Personal 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…

• 5Requirement 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

• 6Transactions, 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 dire…

• 7No 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 …

• 8Enforcement

  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.

• 9Limitation 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…

• 10Regulations — 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) provi…

• 11Regulations — Lieutenant Governor in Council
• 11, 12

  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

• 12
• 13

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

• [s13]

  (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

  14 Omitted (enacts short title of this Act). ______________