April 29, 2026 Environmental…

April 29, 2026 Environmental Registry of Ontario Ministry of Municipal Affairs and Housing 777 Bay Street, 2nd Floor Toronto, ON M7A 2J3 Subject: Submission Regarding ERO 026-0301 – Proposed Amendments to the Municipal Act, 2001 and Establishment of Water and Wastewater Public Corporations Dear Sir/Madam, On behalf of the City of Brampton, we appreciate the opportunity to provide comments on the proposed legislative changes outlined in ERO 026-0301.
The City of Brampton submits this supplemental submission to its original comments dated November 21, 2025, in response to the introduction of Bill 98 – Building Homes and Improving Transportation Infrastructure Act, 2026, and Schedule 9, which proposes amendments to the Water and Wastewater Public Corporations Act, 2025. The City of Brampton supports the modernization of water and wastewater service delivery, the principle of continued public ownership, and efforts to improve governance and accountability for shared infrastructure. While supportive of the province’s objectives under ERO 026-0301, the City notes that certain proposed amendments introduce expanded provincial and Ministerial authorities that could materially affect municipal governance, financial exposure, and long-term infrastructure planning. The city respectfully requests additional regulatory clarity, safeguards, and continued municipal consultation. The city supports the explicit prohibition on private ownership of any new water and wastewater public corporation, ensuring these essential services remain publicly owned. However, the legislation does not establish minimum municipal ownership thresholds or guaranteed board representation. The City requests that future regulations ensure meaningful municipal ownership participation and governance representation, particularly for lower-tier municipalities such as Brampton.
The city supports provisions ensuring the continuation of existing contracts, including service, financial, and operational agreements. The City notes with concern, however, expanded Ministerial authority to alter agreements and requests that such powers be exercised transparently and in close consultation with affected municipalities.
The city previously noted that municipalities should not be required to guarantee or backstop corporate borrowing without explicit agreement.
Schedule 9 provides important clarification that the liabilities, rights or obligations under municipal debentures or other instruments for long-term borrowing may not be transferred to a water and wastewater public corporation through a transfer by-law. The city supports this protection.
However, Schedule 9 also introduces new regulation making authority allowing the province to:
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Impose requirements, limitations or conditions on both a municipality and the water/wastewater public corporation related to debt of either a lower-tier municipality the corporation is providing the services on behalf of or the municipality enacting the transfer by-law, which is incurred to finance transferred capital works.
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Require a corporation to make payments of a specific amount to municipalities related to such debt; and
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Provide that provincial regulations prevail over municipal transfer by-laws in the event of conflict.
These provisions create uncertainty regarding future municipal financial exposure and the allocation of costs and revenues over time. The City requests assurance that regulations will not result in indirect downloading of financial risk or unfunded municipal liabilities. The city supports employee continuity provisions, including deemed continuous employment and labour protections. Ongoing consultation is essential to ensure fair application of employment and pension-related regulations. The city supports clarifying that drinking water systems owned by water and wastewater public corporations are subject to the Safe Drinking Water Act, 2002, ensuring continued regulatory oversight and public confidence in water safety. The city recommends guaranteed municipal governance representation, financial risk protection, transparent regulatory development, protection of development charge revenues, and ongoing engagement on asset and workforce transition matters The City of Brampton is committed to working with the province and regional partners to ensure a successful transition that enhances service delivery, supports growth, and reflects local priorities. The new entity’s governance structure, processes and funding mechanism will have significant impacts on the local municipalities, and it is critical the province works collaboratively with all involved parties. We welcome further consultation and request that the province provide detailed regulations and guidelines to support implementation. Thank you for the opportunity to provide input on this important initiative. Sincerely,
Marlon Kallideen Chief Administrative Officer
City of Brampton