Ontario Legislative Updates (Updated Monthly)

MFOA's monthly e-Newsletter includes updates on proposed provincial legislation and regulation that affects Ontario's municipalities. You can view the table below including links to read the full legislation or regulation. 

Last updated: December 5, 2019

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Are we missing an update? Is there an issue you would like to learn more about or believe we should monitor more closely? Let us know at policy@mfoa.on.ca

Proposed amendment to O.Reg 506/18 (Reporting of Energy Consumption and Water Use) to stop further rollout to buildings under 100,000 square feet.
Comments close December 12, 2019
The Energy and Water Reporting and Benchmarking (EWRB) initiative requires owners of large buildings to report their energy and water consumption, and greenhouse gas emission data annually to the Ministry of Energy, Northern Development and Mines (ENDM). The program is currently in year two of a three-year rollout. Comments are open for a proposal to stop the rollout of the Energy and Water Reporting and Benchmarking Initiative for buildings under 100K sq ft.
Regulations under the Planning Act Regarding Municipal Empowerment - Northern
Comments close December 16th, 2019
The Ministry of Municipal Affairs and Housing is proposing to amend regulations under the Planning Act to empower certain municipalities in relation to two areas of land use planning authority:
1) Exemption from Approval - Official Plan Amendments (regulation would exempt from the Minister's approval official plan amendments of the identified municipalities commenced on or after January 1, 2020)
2) Approval Authority - Plans of Subdivision (regulations would empower the relevant councils as the planning authorities for official plan amendment applications and plan of subdivision/condominium applications within their municipalities.)
Proposal to extend the current moratorium on water bottling permits
Comments close December 18th, 2019
The proposal, if approved, would amend the Ontario Regulation 463/16 under the Ontario Water Resources Act, 1990 to extend the current moratorium on new or increasing permits to take groundwater to produce bottled water for 9 months, ending October 1, 2020.
Harmonizing greenhouse gas reporting requirements to reduce burden
Comments close December 20th, 2019
The proposal, if approved, would introduce regulatory changes to Ontario’s Greenhouse Gas (GHG) emissions reporting program to harmonize with the federal regulatory requirements.
Proposal to amend energy performance standards
 Comments close January 17th, 2020
The proposal, if approved, would increase minimum energy performance standards (MEPS) and harmonize Ontario’s efficiency standards for nine products with Natural Resources Canada (NRCan), and increase MEPS for one product to align with Ontario Building Code (OBC) minimum requirements.
Consultations on Modernizing Public Health and Emergency Health Services
Comments close February 10th, 2020
The Ministry of Health is consulting on Public Health and Emergency Health Services modernization. Stakeholders have been invited to comment on two discussion papers:
  1. Discussion Paper: Public Health Modernization
  2. Discussion Paper: Emergency Health Services Modernization
Survey links are provided at the end of each paper. The Ministry will also reach out to stakeholders directly for in-person consultations.
Proposed Extension of Municipal GO Transit Development Charge By-Laws Comments closed November 12th, 2019 The proposed Regulatory amendment, if approved, would extend the expiry date that enables the municipalities of Toronto, Hamilton and the Regions of Durham, Halton, Peel and York to impose development charge by-laws towards Metrolinx's GO Transit's growth capital costs to December 31, 2022.  Monitoring.
Proposed Extension of Municipal Contributions Allocation Formula
 Comments closed November 12th. 2019 Ontario Regulation 446/04 apportions the municipal share of Metrolinx's GO Transit's growth capital costs amongst the Regional Municipalities of Durham, Halton, Peel and York, and the Cities of Toronto and Hamilton. The apportionment formula in Ontario Regulation 446/04 is set to expire on December 31, 2019.

The proposed amendment is to extend the expiry date of the formula at the current rate for another three years, until December 31, 2022.
Transforming and modernizing the delivery of Ontario’s Building Code services
Comments closed November 25th, 2019 The consultation is looking at ways to:
  • enhance municipal enforcement to promote public safety by allowing the use of administrative penalties to help municipalities address non-compliance and contraventions of the Building Code Act, 1992 and the building code
  • support local building service delivery by providing the option for smaller, rural, and/or northern municipalities to enter into an agreement with the administrative authority to deliver full or partial building services on their behalf
  • provide a more active enforcement approach in unincorporated areas
Among other changes, refer to the discussion guide.
Amendments to the Wells Regulation Comments closed November 27th, 2019
The Wells Regulation and the Ontario Water Resources Act apply to: water supply wells (e.g. private, municipal, agricultural, commercial, industrial wells), dewatering wells and test holes. The proposed amendments to the Wells Regulation would modify minimum insurance requirements for licensed well contractors, amongst others.
Bill 152, Occupational Safety and Health Day Act, 2019
Referred to Standing Committee on Social Policy, November 28th, 2019
The Bill proclaims the first Tuesday in May in each year as Occupational Safety and Health Day.  N/A.
Bill 144, Northern Health Travel Grant Advisory Committee Act, 2019
First reading carried, November 19th, 2019
The Bill enacts the Northern Health Travel Grant Advisory Committee Act, 2019, which requires the Minister of Health to establish an advisory committee to make recommendations for improving the facilitation of reasonable access to health services for people in Northern Ontario. The committee is required to consult with relevant stakeholders.  Monitoring.
Bill 143, Health and Safety at Work Day Act, 2019
First reading carried, November 18th, 2019 The Bill proclaims April 28 in each year as Health and Safety at Work Day  N/A
Bill 141, Defibrillator Registration and Public Access Act, 2019
Referred to Standing Committee on Social Policy, November 21st, 2019
The Bill sets out a number of standards for owners of defibrillators, such as installation, signage, and maintenance. Further, for any defibrillator registered with the registrar, if moved to a different location at the designated premises or public premises, or is removed from the premises for any reason, the owner of the premises must notify the registrar in accordance with the regulations.  N/A
Bill 138, Plan to Build Ontario Together Act, 2019
Referred to Standing Committee on Finance and Economic Affairs, November 27th, 2019 The Bill introduces proposals from the Province’s Fall Economic Statement. As an omnibus Bill, many statutes and regulations are affected. Highlights include:

Eliminate the deferred payment regime for commercial and industrial properties under the Development Charges Act, 1997

Amend the Planning Act to preserve the alternate parkland provision during transition to the Community Benefits Charge (CBC) regime and permit the CBC to be appealable at through the Local Planning Appeal Tribunal (LPAT)

Amend the Gasoline Tax Act to reduce the amount of tax paid on aviation fuel by Northern Ontario residents.

Amend the Municipal Act to set out rules regarding the recalculation of property tax if a change in the permitted use of a property occurs

Among others.
 MFOA has made a written submission on Bill 138 to the Clerk of the Standing Committee on Economic Affairs.

In addition, MFOA has released a summary of the announcements contained in the Province’s Fall Economic Statement and will release an additional summary of certain changes proposed in Bill 138 at a later date.
Bill 137, Franco-Ontarian Community Act, 2019
First reading carried, November 05th, 2019  The Bill replaces the French Language Services Act with a new Franco-Ontario Community Act, 2019. Government agencies and public institutions, as defined in the Act, shall actively offer services in both French and English, and shall only use bilingual signage.

Municipalities may pass a by-law electing to provide services in French
 Bill 136, Provincial Animal Welfare Services Act, 2019
Standing Committee on Justice Policy, as of November 27th, 2019
 The Bill enacts the Provincial Animal Welfare Services Act, 2019, repeals the Ontario Society for the Prevention of Cruelty to Animals Act.  N/A
Bill 135, La Francophonie Act, 2019  First Reading Carried, October 28th, 2019  The Bill replaces the French Language Services Act with a new La Francophonie Act, 2019.Highlights include:

Government entities shall actively offer services bilingually, including bilingual signage. Municipalities may opt to operate bilingually. French-language services plans must be made by government agencies and public institutions. Courts and tribunals shall all be able to operate in French and important decisions shall be published bilingually.
 Bill 133, Buy in Canada for Mass Transit Vehicles Act, 2019  Lost on division, October 31st, 2019  The Bill requires that certain public bodies that purchase mass transit vehicles (including.a municipality that receives a grant, a loan or other financial assistance from the Crown for the purchase of mass transit vehicles) may only consider eligible bids that meet certain conditions: 60% of the part of the bid price relating to materials, overhead, labour and profit to originate in Canada, and final assembly must take place in Canada. N/A 
 Bill 132, Better for People, Smarter for Business Act, 2019  Standing Committee on General Government, as of November 21st, 2019  The Bill amends various Acts, including:

Part II of the Northern Services Boards Act, which currently provides for the establishment of area services boards, is repealed.

Subsections 34 (6) and (7) of the Building Code Act is amended to remove the requirement for the Minister of Municipal Affairs and Housing to initiate a review of the energy and water conservation provisions of the building code every five years.

Under the Municipal Act and COTA, Crown agencies and municipalities are responsible for constructing and repairing fences that mark the lateral boundaries of land that was formerly used as part of a railway and has been conveyed to the municipality, if a farming business is carried out on the abutting land.

The Local Planning Appeal Support Centre Repeal Act, 2019 is introduced to dissolve the Local Planning Appeal Support Centre.
 Bill 125, Making Northern Ontario Highways Safer Act, 2019  Lost on division, November 07th, 2019  The Bill set out to amend the Public Transportation and Highway Improvement Act in relation to standards for road maintenance in winter.  N/A
 Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 2019  Royal Assent, November 07th, 2019  The Bill sets parameters on public sector compensation, salary increases and new compensation entitlements. It does not apply to municipalities.  Out of MFOA’s scope


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Smiths Falls, Town of
Preparation of a Development Charges Study and By-Law
Closes: 2020-06-30
Smiths Falls, Town of
Professional Services for Update to the Town of Smiths Falls Water and Wastewater Financial Plan
Closes: 2020-06-30