Ontario – Ontario has introduced legislation that would, if passed, strengthen municipal governance and accountability as well as give Mississauga, Brampton and Caledon the tools they need to provide high-quality services to local taxpayers as these municipalities continue to grow.
The proposed Municipal Accountability Act 2024, would establish a new, standardized municipal code of conduct and integrity commissioner framework, while the proposed Peel Transition Implementation Act, 2024, would transfer the delivery of key public works services from the Region of Peel to Mississauga, Brampton, and Caledon to provide these municipalities with greater independence as they meet the needs of their growing communities.
Below is a list of proposed initiatives and changes:
Municipal Code of Conduct
The proposed changes in the Municipal Accountability Act, 2024 would amend the Municipal Act, 2001, and the City of Toronto Act, 2006, to strengthen the municipal code of conduct and integrity commissioner framework in order to:
- Allow for the creation of a standard code of conduct for all municipalities and require mandatory code of conduct training for members of council and certain local boards.
- Create a regulation-making authority to set out the municipal integrity commissioner investigation processes, including a complaints mechanism and reporting requirements.
- Provide a role for the Integrity Commissioner of Ontario to provide advice to municipalities and training to municipal integrity commissioners and review all reports from municipal integrity commissioners recommending that a member be considered for removal and disqualification, as well as conduct inquiries.
- Establish a stronger penalty by establishing a mechanism for members of council and certain local boards to be removed and disqualified for four years for serious violations of the code of conduct.
The Municipal Accountability Act, 2024, if passed, would establish rules so that municipal integrity commissioners and the Integrity Commissioner of Ontario would only be able to consider and recommend removal and disqualification if they determine that all four criteria are met:
- The member has contravened the code of conduct;
- The contravention is of a serious nature;
- The member’s conduct that is the subject of the inquiry has resulted in harm to the health, safety or well-being of persons; and
- The existing penalties are insufficient to address the contravention or ensure that the contravention is not repeated.
If passed, the legislation would also establish that the Integrity Commissioner of Ontario, when in the process of conducting an inquiry, could also consider, among other matters, whether the contravention negatively impacts public confidence in the ability of the member to discharge their duties, and, of the council or local board to fulfill its role, including by meeting its statutory obligations.
The proposed changes would also create a process to remove and disqualify members of council and local boards that would include the following steps:
- Upon receipt of a complaint, the municipal integrity commissioner conducts an inquiry. If they find that the criteria for removal and disqualification are met, they can make a recommendation for removal and disqualification to the Integrity Commissioner of Ontario.
- If the Integrity Commissioner of Ontario receives a recommendation from the municipal integrity commissioner, they would be required to conduct an inquiry and determine whether the criteria for removal and disqualification have been met. If so, they can provide a recommendation to municipal council that the member be removed from their seat and disqualified for four years.
- If the Integrity Commissioner of Ontario recommends that a member be removed and disqualified, council must vote on the recommendation:
- All members of council who are not exempt would be required to vote in favour of the Integrity Commissioner of Ontario’s recommendation to remove and disqualify a member.
- Only the member(s) who is/are the subject of the report, members with approved absences or members who have a conflict of interest under the Municipal Conflict of Interest Act would be exempt from the vote.
- If council unanimously votes to approve the recommendation, the member is removed from their seat and is disqualified for four years.
The government intends to consult on these changes and work with the municipal sector to develop the necessary regulations to support the new framework coming into effect for the new term of councils in 2026.
Peel Region Service Transfers
Changes proposed in the Peel Transition Implementation Act, 2024 follow through on the government’s commitment to transfer the delivery of key public works services from the Region of Peel to Mississauga, Brampton and Caledon. The proposed changes include transferring jurisdiction and responsibility for the following services, effective July 1, 2026, or as determined by the Minister:
- Regional roads and associated stormwater infrastructure, including ownership and maintenance responsibilities, from the Region of Peel to Mississauga, Brampton, and Caledon and;
- Waste collection services and two community recycling centres located in Mississauga from the Region of Peel to the City of Mississauga.
The Region of Peel will continue to provide waste collection services for Brampton and Caledon and will continue transfer, processing, and disposal services for all three lower-tier municipalities. The government will continue to explore options for the potential transfer of water/wastewater services from Peel Region with any future outcome maintaining public ownership.
Looking ahead, to support the Region of Peel and the lower-tier municipalities through this important transition, Ontario’s Provincial Land and Development Facilitator (PLDF) will work with the municipalities to facilitate the process for the service transfers, including the transfer of assets and liabilities, and other transitional matters. The province will cover the cost of the PLDF’s services.
On December 31, 2024, the Peel Region Transition Board, which was appointed to make recommendations to the Minister of Municipal Affairs and Housing on the transfer of key public works services, will be dissolved.
If passed, the Peel Transition Implementation Act, 2024 will provide the Minister of Municipal Affairs and Housing with the authority through regulations, to take future actions to support the service transfers.
Remove Upper-Tier Planning Responsibilities
Ontario remains committed to reducing municipal duplication across the province to deliver on shared provincial-municipal priorities, all while supporting its municipal partners. Effective January 1, 2025, Durham and Waterloo Regions would have their land-use planning responsibilities removed so that local municipalities in these regions can better plan for growth. The same changes would be made for Niagara Region as of March 31, 2025. This builds on legislative changes made earlier to the Planning Act that, once in force, allow for the removal of statutory powers from seven upper-tier municipalities: Durham, Halton, Niagara, Peel, Simcoe, Waterloo, and York. Planning changes for Peel, Halton and York Regions came into effect on July 1, 2024. Once in effect, the local municipalities within these regions have primary responsibility for all land use planning in their geographies, except for matters requiring provincial approval.