Versions

Bill 98 Original (PDF)

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.

   3.  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City of Toronto Act, 2006, which relate to by-laws respecting the protection and conservation of the environment, are repealed.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 Government of Canada or an agent of any of them, and that the shareholders of a water and wastewater public corporation can only sell or transfer the shares of the corporation to those persons.

A 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.

A 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

An Act to enact the Fare Alignment and Seamless Transit Act, 2026 and to amend various Acts

CONTENTS

 

Preamble

 

1.

Contents of this Act

2.

Commencement

3.

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

2 (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

1 Paragraphs 39.4 and 39.5 of subsection 34 (1) of the Building Code Act, 1992 are repealed.

2 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

3 Section 108.1 of the City of Toronto Act, 2006 is repealed.

4 (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

5 Section 10 of Schedule 2 to the Modernizing Ontario’s Municipal Legislation Act, 2017 is repealed.

Municipal Act, 2001

6 Section 97.1 of the Municipal Act, 2001 is repealed.

Planning Act

7 (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.

8 (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

9 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

1 Subsection 113 (1) of the City of Toronto Act, 2006 is repealed.

2 (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 health, safety, accessibility or the protection of adjoining lands, 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.

3 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

4 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

1 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.

2 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

3 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

1.

Purposes

2.

Definitions

PART II
TRANSIT REQUIREMENTS

Compliance with Requirements

3.

Compliance with requirements

Prescribed transit systems

4.

Fare structure

5.

Participation in unified fare payment system

6.

Apportionment of fares

7.

Service integration for priority routes

Prescribed specialized transit systems

8.

Unified trip booking system

9.

Cross-boundary services for persons with disabilities

Information and Data

10.

Report to the Minister

11.

Request for information regarding services and fares

12.

Information or data directive

PART III
MISCELLANEOUS

13.

Extinguishment of causes of action

14.

No establishment of private law right, duty

15.

Conflict with The Railways Act or the City of Toronto Act, 2006

PART IV
REGULATIONS

16.

Regulations

PART V
COMMENCEMENT AND SHORT TITLE

17.

Commencement

18.

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 the convenience, consistency and accessibility of municipal transit services by establishing provincial requirements.

Definitions

2 In this Act,

“disability” has the same meaning as in the Accessibility for Ontarians 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

3 (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

6 (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

9 (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

10 (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

11 (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, or for which or on whose behalf a prescribed specialized transportation 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

12 (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

13 (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.

No 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.

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 (4).

No 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.

No 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

16 (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

1 The Metrolinx Act, 2006 is amended by adding the following section:

Building Code Act, 1992

40 (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 requirement.

   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.

2 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.

3 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

4 This Schedule comes into force on a day to be named by order of the Lieutenant Governor in Council.

SCHEDULE 6
MUNICIPAL ACT, 2001

1 Section 93 of the Municipal Act, 2001 is repealed and the following substituted:

Non-municipal public utilities

93 (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

2 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 (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.

2 (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.

If 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.

3 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 1

1.

City of Barrie

2.

City of Brampton

3.

City of Brantford

4.

City of Burlington

5.

City of Cambridge

6.

City of Guelph

7.

City of Hamilton

8.

City of Kingston

9.

City of Kitchener

10.

City of London

11.

City of Markham

12.

City of Mississauga

13.

City of Niagara Falls

14.

City of Oshawa

15.

City of Ottawa

16.

City of Pickering

17.

City of Richmond Hill

18.

City of St. Catharines

19.

City of Toronto

20.

City of Vaughan

21.

City of Waterloo

22.

City of Windsor

23.

Municipality of Clarington

24.

Town of Ajax

25.

Town of Caledon

26.

Town of Milton

27.

Town of Newmarket

28.

Town of Oakville

29.

Town of Whiby

4 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”.

5 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).

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).

7 (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.

8 (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 necessary to address matters of health, safety, accessibility or the protection 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.

9 (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 (43.1) (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.

10 (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 necessary to address matters of health, safety, accessibility or the protection 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”.

11 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)”.

12 (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.

13 (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,

14 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

1 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

2 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

15 Subsections 1 (4) and 15 (2) of Schedule 12 to the Cutting Red Tape to Build More Homes Act, 2024 are repealed.

Commencement

16 (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

1 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,

2 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

3 (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

1 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 Province of Ontario, the Government of Canada or an agent of any of them.

2 (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 of Ontario, the Government of Canada or an agent of any of them.

3 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.

4 (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.

5 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.

6 (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

7 This Schedule comes into force on a day to be named by order of the Lieutenant Governor in Council.