Water and Wastewater Public Corporations Act (Bill 60 / Bill 98): Privatization-by-Stealth Concerns
In November 2025 the Ford government enacted the Water and Wastewater Public Corporations Act as Schedule 16 of omnibus Bill 60. In March 2026, CUPE Ontario released a legal opinion by Simon Archer of Goldblatt Partners, prepared jointly with the Ontario NDP, finding that the word "public" in the Act's name has no real legal effect and that the legislation does not guarantee the corporations will be publicly owned. Bill 98 later amended the Act to restrict share ownership to governments and "an agent of any of them," leaving "agent" undefined. A legal opinion by UBC law professor Joel Bakan — retained by CUPE — concluded the amendments "will have the same impacts on communities in terms of water services as a fully privatized scheme." Water corporations must be incorporated as for-profit entities under the Ontario Business Corporations Act. Peel Region is the pilot.
🔍 An in effect Transparency policy from November 2025 · Well sourced
Updated · Created
"Keeping Water Public"
The government says the Water and Wastewater Public Corporations Act keeps water and wastewater services publicly owned, and that Bill 98 explicitly bans privatization.
"Any claims that our government is privatizing water is factually incorrect. Bill 98 explicitly bans what CUPE is alleging."
— Ministry of Environment, Conservation and Parks, to CHCH News, April 2026
"A For-Profit Vehicle With an Open Door"
The Act requires water corporations to be incorporated as for-profit companies under the Ontario Business Corporations Act. Bill 98 restricts share ownership to governments and "an agent of any of them," but leaves "agent" undefined. Legal opinions commissioned by CUPE say the "public" label does not legally prevent private ownership.
- Water corporations must be incorporated as for-profit companies under the Ontario Business Corporations Actsource
- Simon Archer of Goldblatt Partners, retained by CUPE Ontario, found the word "public" in the Act's name has no real legal effect and the law does not guarantee the corporations stay publicly ownedsource
- UBC law professor Joel Bakan concluded Bill 98 would have "the same impacts on communities in terms of water services as a fully privatized scheme"source
- Environmental Defence said Bill 98 was "nowhere near enough to protect Ontario's water from stealth privatization"source
This section represents editorial interpretation of documented evidence.
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