Oak Ridges Moraine Green Planning Act, 2001 Churley, Marilyn — Bill 29 (37th Parliament, 3rd Session)

Bill 29, 37-3

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 29, Oak Ridges Moraine Green Planning Act, 2001

Churley, Marilyn

Please select

View bill

Status

Debates

Original

[37] Bill 29 Original (PDF)

Bill 29 2001

An Act to freeze development

on the Oak Ridges Moraine

and to amend the Planning Act

to increase and strengthen

the protection of natural areas

across Ontario

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"development" means,

(

a) the construction, reconstruction, erection or placing of a building or

structure of any kind,

(

b) any change to a building or structure that would have the effect of

altering the use or potential use of the building or structure, increasing

the size of the building or structure or increasing the number of dwelling

units in the building or structure,

(

c) site clearing or grading, or

(

d) the temporary or permanent placing, dumping or removal of any

material, originating on the site or elsewhere; ("aménagement")

"Oak Ridges Moraine" means,

(

a) the land identified as belonging to the Oak Ridges Moraine in "Oak

Ridges Moraine Strategy for the Greater Toronto Area: An Ecosystem Approach

for Long Term Protection and Management", prepared for the Minister of

Natural Resources by the Oak Ridges Moraine Technical Working Committee in

November, 1994, and

(

b) any additional land designated under subsection 2 (4). ("moraine d'Oak

Ridges")

Development control

(1) No development shall be

permitted on the Oak Ridges Moraine.

Conflict

(2) Subsection (1) applies despite any other Act or

regulation.

Effect of policy statement

(3) Subsection (1) ceases to apply on the day a policy

statement dealing with the Oak Ridges Moraine is issued under subsection 3

(1) of the Planning Act.

Designation of additional land

(4) The Minister of Municipal Affairs and Housing may make an

order designating, for the purposes of clause (

b) of the definition of "Oak

Ridges Moraine" in

section 1, any land outside the Greater Toronto Area that

forms part of the geological feature known as the Oak Ridges Moraine.

(1) Section 3 of the Planning

Act, as amended by the Statutes of Ontario, 1994,

chapter 23,

section 6,

1996,

chapter 4,

section 3 and 1998,

chapter 15,

Schedule E,

section 27, is

further amended by adding the following subsection:

Schedules 1 and 2

(4.1) Schedules 1 and 2 to this Act have the same status as

policy statements issued under subsection (1).

(2) Subsections 3 (5) and (6) of the Act, as re-enacted

by the Statutes of Ontario, 1996,

chapter 4,

section 3 and amended by 1998,

chapter 15,

Schedule E,

section 27, are repealed and the following

substituted:

Exercising authority

(5) Any decisions affecting a planning matter that are made by

the council of a municipality, a local board, a planning board, a minister of

the Crown or a ministry, board, commission or agency of the government,

including the Municipal Board, shall be consistent with Schedules 1 and 2 and

with policy statements issued under subsection (1).

Advice

(6) Any comments, submissions or advice affecting a planning

matter that are provided by a minister or ministry, board, commission or

agency of the government shall be consistent with Schedules 1 and 2 and with

policy statements issued under subsection (1).

(3) Part I of the Act is amended by adding the

following section:

Regulation, intervenor funding

7.1

(1) The Minister has authority

to make and implement and shall make and implement a regulation establishing

an intervenor funding program to assist intervenors who wish to participate

in hearings of the Municipal Board under this Act.

Same

(2) The intervenor funding program shall have the following

features:

1. Funding decisions shall be made by an independent decision-maker.

2. Funding shall be made available, on application, to an intervenor who

has special knowledge about the subject of the hearing or has, in the

decision-maker's opinion, an interest in the subject of the hearing.

3. The funding shall be provided by the party to the hearing who, in the

decision-maker's opinion, is potentially a major financial beneficiary of the

Municipal Board's decision.

4. The funding in each case shall be sufficient to pay for appropriate

research and other professional support as well as legal expenses.

(4) Subsection 17 (40) of the Act, as enacted by the

Statutes of Ontario, 1996,

chapter 4,

section 9, is amended by striking out

"within 90 days after the day the plan is received by the approval authority"

and substituting "within 180 days after the day the plan is received by the

approval authority".

(5) Clause 22 (7) (

c) of the Act, as enacted by the

Statutes of Ontario, 1996,

chapter 4,

section 13, is amended by striking out

"within 90 days after the day the request is received" and substituting

"within 180 days after the day the request is received".

(6) Clause 22 (7) (

d) of the Act, as enacted by the

Statutes of Ontario, 1996,

chapter 4,

section 13, is amended by striking out

"within 90 days after the day the request is received" and substituting

"within 180 days after the day the request is received".

(7) Subsection 34 (11) of the Act, as amended by the

Statutes of Ontario, 1994,

chapter 23,

section 21, is further amended by

striking out "within 90 days after the receipt by the clerk of the

application" and substituting "within 180 days after the clerk receives the

application".

(8) The Act is amended by adding the following

Schedules:

Schedule 1

GOAL: To protect the quality and integrity of ecosystems, including

air, water, land, and biota; and, where quality and integrity have been

diminished, to encourage restoration or remediation to healthy

conditions.

1. Development may be permitted only if the

quantity and quality of ground water and surface water are protected.

Developmentthat will negatively impact on groundwater recharge areas,

head-waters and aquifers that have been identified as sensitive areas will

not be permitted.

(1) Natural heritage features

and areas will be protected.

(2) Development will not be permitted in significant ravine,

valley, river and stream corridors, and in significant portions of the

habitat of endangered species and threatened species. Development will not be

permitted on adjacent lands if it negatively impacts the ecological functions

of the features listed above.

(3) Except for the areas covered in subsection (2), significant

portions of the habitat of vulnerable species, significant natural corridors,

significant woodlands south and east of the Canadian Shield, areas of natural

and scientific interest, shorelines of lakes, rivers and streams, and

significant wildlife habitat will be classified into areas where either,

(

a) no development is permitted; or

(

b) development may be permitted only if it does not negatively impact the

features or the ecological functions for which the area is identified.

(4) Development will not be permitted on adjacent lands to

clauses (3) (

a) and (

b) if it negatively impacts the features or the

ecological functions for which the area is identified.

3. Development may be permitted if it does not

harmfully alter, disrupt or destroy fish habitat. There will be no net loss

of productive capacity of fish habitat, and a net gain of productive capacity

wherever possible.

4. In decisions regarding development, every

reasonable opportunity should be taken to maintain the quality of air, land,

water and biota, maintain biodiversity compatible with indigenous natural

systems, and protect natural links and corridors. The improvement and

enhancement of these features and systems is encouraged.

Schedule 2

GOAL: To ensure that wetlands are identified and adequately protected

through the land use planning process and to achieve no loss of provincially

significant wetlands.

1. All planning jurisdictions including

municipalities, planning boards and resource management bodies shall protect

provincially significant wetlands where they have been identified.

2. All planning jurisdictions, including

municipalities and planning boards, are encouraged to protect other wetlands

that are not provincially significant.

3. In the Great Lakes - St. Lawrence Region,

development shall not be permitted within provincially significant

wetlands.

4. In the Great Lakes - St. Lawrence Region,

on adjacent lands, development may be permitted only if it does not result in

any of the following:

(

a) loss of wetland functions;

(

b) subsequent demand for future development that will negatively impact

on existing wetland functions;

(

c) conflict with existing site-specific wetland management practices;

and

(

d) loss of contiguous wetland area.

This shall be demonstrated by an environmental impact study (EIS),

prepared in accordance with established procedures and carried out by a

proponent, addressing clauses (

a) to (d), inclusive.

5. In the Boreal Region, in provincially

significant wetlands and adjacent lands, development may be permitted only if

it does not result in any of the following:

(

a) loss of wetland functions;

(

b) subsequent demand for future development that will negatively impact

on existing wetland functions; and

(

c) conflict with existing site-specific wetland management practices.

This shall be demonstrated by an environmental impact study (EIS),

prepared in accordance with established procedures and carried out by a

proponent, addressing clauses (

a) to (c), inclusive.

6. On adjacent lands, established agricultural

activities are permitted without an EIS.

7. New utilities and facilities shall be

located outside provincially significant wetlands wherever possible. Approval

authorities shall consider alternative methods and measures for minimizing

impacts on wetland functions when reviewing proposals to construct

transportation, communication, sanitation and other such utilities and

facilities in provincially significant wetlands.

8. Where settlement areas within a

municipality are serviced by full municipal sewage and water services,

(

a) opportunities will be provided in built-up areas for intensification

and a mix of uses;

(

b) areas proposed for development that are within settlement areas but

are not built-up areas,

(

i) will be logical extensions of built-up areas, and will be serviced by

full municipal sewage and water services with sufficient reserve water and

sewage plant capacity to accommodate proposed development, and

(ii) will have a compact form, a mix of uses, and densities that

efficiently use land, infrastructure and public service facilities;

(

c) extensions of a settlement area may be permitted only if the following

conditions are met:

(

i) the amount of land included within extensions is justified, based on

the amount of land available for development in the settlement area, and on

population projections and employment targets for the municipality for a

planning horizon of 15-20 years, unless a longer time period has been

established for specific regional municipalities as a result of a

comprehensive provincial planning exercise, such as that co-ordinated by the

Province in the Greater Toronto Area,

(ii) areas proposed for development are logical extensions of the

settlement area, and will be serviced by full municipal sewage and water

services with sufficient reserve water and sewage plant capacity to

accommodate proposed development,

(iii) a strategy for the staging, financing and construction of the

infrastructure for the extension is formulated,

(iv) opportunities are provided in the settlement area for the efficient

use of land, infrastructure, and public service facilities through

intensification, a mix of uses and a compact form,

(

v) the extension will have a compact form, a mix of u

Document details

Collection	Ontario — Bills
Citation	Bill 29, 37-3
Type	bill
Volume / chapter	p37 s3 bill 29 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0809d81aea212c8372ad725c683e3192e2c833d5

Source file is stored in the law ingest library (html).