Water and Wastewater Public Corporations Act, 2025

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Sections25

• 1Definitions

  1 In this Act, “Minister” means the Minister of Municipal Affairs and Housing or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”) “water and sewage services” means, subject to the regulations, (a) a system that is used to provide any of the following services or things for the public: (i) water, and (ii) sewage, as defined in subsection 1 (1) of the Municipal Act, 2001, and (b) the service or thing that is provided; (“services d’eau et d’égout”) “water and wastewater public corporation” means a corporation designated under subsection 2 (1). (“société publique de gestion de l’eau et des eaux usées”)

• 2Designation of water and wastewater public corporations

  2 (1) The Minister may, by regulation, designate a corporation as a water and wastewater public corporation to provide water and sewage services on behalf of the lower-tier municipalities that are prescribed by the regulations. 2025, c. 14, Sched. 16, s. 2 (1). 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 Province of Ontario, the Government of Canada or an agent of any of them. 2026, c. 8, Sched. 9, s. 1. Section Amendments with date in force (d/m/y) 2026, c. 8, Sched. 9, s. 1 - 19/06/2026

• 3Water and sewage services

  3 Once a water and wastewater public corporation has been designated for particular lower-tier municipalities, the municipalities shall provide water and sewage services only through that water and wastewater public corporation as of the date prescribed by the regulations.

• 4Duties

  4 (1) The duties of a water and wastewater public corporation are, (a) to ensure the safe, reliable and sustainable provision of water and sewage services in accordance with applicable legislation; (b) to plan, manage, maintain and invest in water and sewage infrastructure to serve the needs of existing and future users, in a manner that prudently accelerates growth and protects public health and the environment; (c) to provide safe, reliable and sustainable water and sewage services; (d) to establish rates for the provision of water and sewage services; (e) to comply with any requirements prescribed by the regulations; and (f) such other duties as may be prescribed by the regulations. Reports (2) A water and wastewater public corporation shall submit to the Minister an annual report, including audited financial statements and such other reports and information as may be prescribed by th…

• 5Powers of a water and wastewater public corporation

  5 Without limiting the capacity, rights, powers and privileges of a corporation under the Business Corporations Act, a water and wastewater public corporation shall have the following powers: 1. Subject to the regulations, if any, imposing and collecting fees or charges. 2. Such other powers as may be prescribed by the regulations.

• 6Debt

  6 (1) Fees or charges imposed on a person by a water and wastewater public corporation constitute a debt of the person to the corporation. Amount owing added to the tax roll (2) The treasurer of a lower-tier municipality shall, on the request of a water and wastewater public corporation, add fees or charges imposed by the water and wastewater public corporation that remain unpaid after they become payable, including any interest payable, to the tax roll of the property to which water and sewage services were provided and collect them in the same manner as taxes. Request by corporation (3) The regulations may specify requirements in relation to requests made by a water and wastewater public corporation under this section.

• 7Rate plan, etc.

  7 (1) If the regulations so provide, a water and wastewater public corporation shall submit to the Minister a rate plan for fees or charges specified in the regulations and any other plans prescribed by the regulations. Same (2) The rate plan shall establish the rates to be applied in determining the fees or charges to be imposed and collected. Submission of plans (3) Subject to the regulations, the Minister may consider any of the plans submitted by the water and wastewater public corporation under subsection (1) and may, (a) require the corporation to amend and resubmit the plan; (b) approve the plan that has been submitted or resubmitted by the corporation; or (c) refuse to approve the plan. Refusal to approve the rate plan (4) If the Minister refuses to approve the plan, (a) in the case of a rate plan, the rates of the plan shall be established in accordance with the regulations; or …

• 8Board of directors of a water and wastewater public corporation

  8 (1) The nomination, appointment, election, resignation or removal of the members of the board of directors, including the chair of the board, and the composition of the board of directors of a water and wastewater public corporation are subject to the regulations, if any. Directors, officers and shareholders to comply with regulations (2) The directors, officers and shareholders of a water and wastewater public corporation shall comply with the regulations and enter into such agreements as required by the regulations.

• 9Issuance of shares

  9 (1) Subject to subsection (2), the shares and dividends, if any, of a water and wastewater public corporation shall be issued in accordance with the regulations. 2025, c. 14, Sched. 16, s. 9 (1); 2026, c. 8, Sched. 9, s. 2 (1). 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. 2026, c. 8, Sched. 9, s. 2 (2). 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 of Ontario, the Government of Canada or an agent of any of them. 2026, c. 8, Sched. 9, s. 2 (2). Section Amendments with date in force (d/m/y) 2026, c. 8, Sched. 9, s. 2 (1, 2) - 19/06/2026

• 9.1Limitation 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. 2026, c. 8, Sched. 9, s. 3. Section Amendments with date in force (d/m/y) 2026, c. 8, Sched. 9, s. 3 - 19/06/2026

• 10Transfer by-laws

  10 (1) The council of a municipality prescribed by the regulations shall, by the date specified in the regulations, make by-laws transferring employees, assets, liabilities, rights and obligations of the municipality, or other body through which the municipality provides water and sewage services, to a water and wastewater public corporation for the purpose of providing water and sewage services, and set out the effective date of each transfer in the transfer by-laws. 2025, c. 14, Sched. 16, s. 10 (1); 2026, c. 8, Sched. 9, s. 4 (1). 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. 2026, c. 8, Sched. 9, s…

• 10.1Employees 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. 2026, c. 8, Sched. 9, s. 5. Same (2) For all purposes, the employment of the employees immediately before and after the transfer is continuous. 2026, c. 8, Sched. 9, s. 5. 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. 2026, c. 8, Sched. 9, s. 5. 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 …

• 11Co-operation by municipalities, access to information

  11 A member of a council of a municipality, an employee or agent of a municipality or a member, employee or agent of a local board of a municipality shall, (a) co-operate with the Minister, any person appointed by the Minister or any entity determined by the Minister; and (b) on request, provide to the Minister, a person appointed by the Minister or an entity determined by the Minister an existing record or a new record created by the municipality, even if the record includes privileged or confidential information.

• 12Not a Crown agent

  12 A water and wastewater public corporation is not an agent of the Crown and is not an administrative unit of the Government of Ontario.

• 13Assistance to water and wastewater public corporation

  13 Despite section 106 of the Municipal Act, 2001, a municipality may provide the types of assistance described in that section to a water and wastewater public corporation.

• 14Water and wastewater public corporation as local board

  14 A water and wastewater public corporation is not a local board except for the purposes prescribed by the regulations.

• 15Conflict with other Acts

  15 In the event of a conflict between this Act or a regulation made under it and the Business Corporations Act or a regulation made under that Act, or a provision in any other Act or in a regulation made under any other Act respecting corporations, the transfer of assets, liabilities, rights or obligations or water and sewage services, this Act or the regulation made under it prevails to the extent of the conflict.

• 16Immunity from liability

  16 (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 made under this Act; (c) the passage, amendment or repeal of any provision of a by-law made under section 10; or (d) anything done or not done in accordance with any provisions referred to in clause (a), any regulations referred to in clause (b) or any by-laws referred to in clause (c). 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; or (b) any municipality that is prescribed for the purposes of section 2 or 10, or any current or former member of the council of such municipality, or employe…

• 17No personal liability

  17 (1) No cause of action arises against any current or former member of the Executive Council or any officer, employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s 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 those powers, duties or functions. Crown remains vicariously liable (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) of this section does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). No liability for acts or omissions of others (3) No cause of action arises against the Crown or any person specified in subsection (1) for an act or omission of a…

• 18No personal liability

  18 (1) No cause of action arises against any current or former director, officer or employee of any water and wastewater public corporation for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s 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 those powers, duties or functions. Water and wastewater public corporation vicariously liable (2) Subsection (1) does not relieve a water and wastewater public corporation of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). Proceedings by Crown not prevented (3) This section does not apply with respect to proceedings brought by the Crown.

• 19Proceedings barred

  19 (1) No proceeding shall be commenced, (a) against any person specified in subsection 17 (1) in respect of a matter referred to in that subsection; (b) against the Crown or any person specified in subsection 17 (1) in respect of a matter referred to in subsection 17 (3); or (c) against any person specified in subsection 18 (1) in respect of a matter referred to in that subsection. Same (2) Subsection (1) does not apply with respect to an application for judicial review or a claim for constitutional remedy, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enforcement of a judgment, order or award made outside Ontario…

• 20Regulations: transfer of ownership and operation

  20 (1) The Minister may make regulations which, in the opinion of the Minister, are necessary or desirable to provide for, govern or facilitate the transfer of the ownership and operation of water and sewage services to a water and wastewater public corporation, including the transfer of employees, assets, liabilities, rights and obligations from a municipality, or other body through which the municipality provides water and sewage services, to a water and wastewater public corporation. 2025, c. 14, Sched. 16, s. 20 (1). Regulations: general (2) Without limiting the generality of subsection (1), the Minister may make regulations, (a) providing that part of a system or specified services or things are excluded from the definition of “water and sewage services” for the purposes of this Act; (b) prescribing lower-tier municipalities for the purposes of subsection 2 (1); (c) prescribing a da…

• 21Lieutenant Governor in Council regulations

  21 (1) The Lieutenant Governor in Council may make regulations defining or clarifying the meaning of any words or expressions used in this Act that are not defined in this Act. Same (2) For the purposes of section 7, the Lieutenant Governor in Council may make regulations, (a) for the purposes of subsection 7 (1), (i) prescribing the content of a rate plan and specifying the fees or charges that must be included in the plan, and prescribing procedures and requirements that the water and wastewater public corporation must follow when preparing a rate plan, (ii) prescribing other plans and the content of those plans; (b) imposing limitations and conditions on the powers of the Minister under subsection 7 (3); (c) governing rates to be established in the rate plan of a water and wastewater public corporation for the purposes of clause 7 (4) (a); (d) specifying the time and manner for prepar…

• 22

  22 Omitted (provides for coming into force of provisions of this Act).

• 23

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