The Province is proposing 85 more mandatory OPSS.MUNI standards and a new exemption process. Consultations close December 4 and 10.

On October 26, the Ministry of Transportation posted Phase 2 of its plan to harmonize municipal road construction standards to the Ontario Regulatory Registry. If adopted, 85 additional OPSS.MUNI standards would become mandatory for municipal road projects procured on or after July 1, 2028, bringing the total to 146. Phase 2 reaches into nearly every part of a municipal road program, including pavement preservation, surface treatment, unpaved road restoration, utilities, traffic signals, pavement markings, guide rail, and bridges.

On November 6, the ministry also posted a draft exemption policy and guide to the Municipal Technical Consultation Portal that set out how municipalities can request relief from a mandatory standard.

Good Roads will be submitting comments on both, and we encourage every member to respond directly. The consultation on the exemption policy closes on December 4 and the consultation on Phase 2 closes on December 10.

Background

The Province is harmonizing municipal road construction standards to reduce duplication and simplify procurement. Phase 1, O. Reg. 283/26: Standards for Road Design and Construction, makes 61 OPSS.MUNI standards mandatory for projects procured on or after July 1, 2027. It focused mainly on hot mix asphalt, aggregates, and drainage.

Earlier this month, the municipal sector, led by the Municipal Engineers Association, responded with a Municipal Sector Position Paper, which was endorsed by Good Roads. It asked the Province to slow or pause implementation until further engagement had occurred, and set out seven priorities: phased implementation, local flexibility, a reliable exemption process, joint governance, clear transition rules, implementation support, and clarity on annual reporting.

Concerns

Two points deserve particular attention:

• General Conditions of Contract cannot be exempted: The draft policy confirms that OPSS.MUNI 100 is ineligible for exemption under the regulation. From July 1, 2028, every applicable municipal road contract must use the same general conditions governing risk, payment, changes, delays, and claims. Changing this would require a regulatory amendment.
• Exemptions take time and apply project by project: The exemption process can take up to 45 business days. With the clock paused whenever the ministry requests more information, and the written decision issued up to 10 business days later, municipalities should allow at least 11 weeks from submission to decision. Urgent cases, such as problems found during construction or supply chain disruptions, await an expedited process that has not yet been developed.

What This Means for Your Municipality

If Phase 2 proceeds as proposed, your municipality will need to:

• Apply 146 mandatory OPSS.MUNI standards to road projects procured on or after July 1, 2028, up from 61 under Phase 1.
• Use OPSS.MUNI 100 General Conditions of Contract on every applicable contract, with no exemption available.
• Review standards and specifications across pavement preservation, drainage and utilities, electrical, traffic safety, environmental, structural, and materials categories.
• Build exemption lead times into project schedules. Each request may cover up to five standards and 10 projects, and a decision should be expected to take at least 11 weeks.
• Prepare for annual reporting beginning April 1, 2028, covering a much larger set of standards.

Rural and northern municipalities should pay close attention to the standards for surface treatment (OPSS.MUNI 304), unpaved road restoration (OPSS.MUNI 301), and liquid asphalt (OPSS.MUNI 1102). These are the areas where differences in climate, material availability, and contractor access matter most, and Phase 2 provides no regional flexibility.

What Good Roads is Doing

Good Roads will submit comments on the proposed Phase 2 amendment to O. Reg. 283/26 and on the draft exemption policy and guide. Our submission will reflect the seven priorities in the Municipal Sector Position Paper and will continue to press the Province to slow or pause implementation until the Phase 1 process and the exemption process have been tested.

Our Board of Directors will also raise harmonization directly with MPPs at Good Roads’ annual Advocacy Day at Queen’s Park on November 18.

What You Can Do

The strongest case for change will come from municipalities themselves. We encourage every member to respond directly to both the Consultation on Municipal Road Construction Standards Exemption Policy by December 4, and the Harmonization of Municipal Road Construction Standards Phase 2 before December 10. 

Please also share a copy of your submission, or your cost estimates and concerns, with Good Roads so we can reflect them in our own comments. Contact Thomas Barakat, Manager of Public Policy and Government Relations, at thomas@goodroads.ca.