Ontario Natural Heritage Act, 2000 Gilchrist, Steve — Bill 78 (37th Parliament, 1st Session)

Bill 78, 37-1

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Bill 78, Ontario Natural Heritage Act, 2000

Gilchrist, Steve

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[37] Bill 78 Original (PDF)

Bill 78

Bill 782000

An Act to ensure responsible and acceptable development and to

protect the natural heritage of the Province of 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; ("amnagement") "

development plan" mean the development plan for the Oak Ridges Moraine

prepared by the Minister under subsection 4 (2); ("plan d'amnagement") "

Minister" means the Minister of Municipal Affairs and Housing;

("ministre") "

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") "

Oak Ridges Moraine Strategy" means,

(a)the report entitled "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 studies or documents in the list under subsection 3 (4).

("stratgie visant la moraine d'Oak Ridges")

Development control

2. (1)In exercising any authority, the council of a

municipality, a local board, a planning board, a minister of the Crown and a

ministry, board, commission or agency of the government, including the

Ontario Municipal Board, shall not permit development on the Oak Ridges

Moraine.

Conflict

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

Exception

(3)Subsection (1) does not apply to any development if a proposal for the

development has received site plan approval under

section 41 of the

Planning Act on or before May 30, 2000.

Designation of additional land

(4)The Minister may make an order designating any land as land that forms

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

Effect of filing development plan

(5)Subsection (1) ceases to apply on the day the development plan comes

into force.

Minister to compile list of documents

3. (1)The Minister shall compile a draft list of studies

or documents prepared by any ministry of the Government of Ontario, the

purpose of which is to update and complete the information in the report

mentioned in clause (

a) of the definition of "Oak Ridges Moraine Strategy" in

section 1.

Minister to give notice

(2)Within 30 days after the day this Act receives Royal Assent, the

Minister shall give notice of the list mentioned in subsection (1) in the

environmental registry established under the Environmental Bill of

Rights, 1993 , and by any other means the Minister considers

appropriate.

Contents of notice

(3)Notice given under subsection (2) shall include the following:

1.The list of studies or documents together with a brief synopsis of each

study or document on the list.

2.A statement of how members of the public can obtain the Oak Ridges

Moraine Strategy and any study or document on the list.

3.An invitation to members of the public to submit written comments on

whether the draft list is complete, and whether any other study or document

should be added to the list.

4.An address to which members of the public may direct written comments or

questions on the draft list.

List to be finalized

(4)Within 60 days after the day this Act receives Royal Assent, the

Minister shall finalize the list of documents by adding any study or document

to the list which he or she considers to update or complete the information

in the report mentioned in clause (

a) of the definition of "Oak Ridges

Moraine Strategy" in

section 1.

Means of giving notice of final list

(5)The Minister shall give notice of the final list in the registry

mentioned in subsection (2) and by any other means the Minister considers

appropriate.

Planning area established

4. (1)The Oak Ridges Moraine is deemed to be a

development planning area under

section 2 of the Ontario Planning and

Development Act, 1994.

Preparation of development plan

(2)The Minister shall cause a development plan for the Oak Ridges Moraine

to be prepared under clause 2 (3) (

b) of the Ontario Planning and

Development Act, 1994 , and that Act applies to the preparation,

administration and enforcement of the development plan with necessary

modifications.

Contents of development plan

(3)The development plan mentioned in subsection (2) shall implement the

Oak Ridges Moraine Strategy in its entirety, and any further policies the

Minister considers would promote the protection of the Oak Ridges

Moraine.

Time limit for preparation of development plan

(4)Within 120 days after the day this Act receives Royal Assent, the

development plan shall be prepared and the Minister shall give notice of the

proposed development plan under subsection 4 (2) of the Ontario Planning

and Development Act, 1994 .

Time limit for filing development plan

(5)Within one year after the day this Act receives Royal Assent, the

Minister shall submit the proposed development plan to the Lieutenant

Governor in Council for approval under subsection 4 (7) of the Ontario

Planning and Development Act , 1994 .

Conservation Land Act

5.The Conservation Land Act is amended by adding the

following section:

Definitions

1.1 (1)In this section, "

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; ("amnagement") "

Southern Ontario" means the parts of Ontario outside the territorial

districts of Algoma, Cochrane, Kenora, Manitoulin, Nippissing, Parry Sound,

Rainy River, Sudbury, Thunder Bay and Timiskaming and the City of Greater

Sudbury. ("sud de l'Ontario")

Development control

(2)No person shall develop or cause or permit development,

(a)in an area of natural and scientific interest; or

(b)on a wetland in Southern Ontario with an area greater than two

hectares.

Same

(3)Without limiting the generality of subsection (2), in exercising any

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

minister of the Crown and a ministry, board, commission or agency of the

government, including the Ontario Municipal Board, shall not permit

development,

(a)in an area of natural and scientific interest; or

(b)on a wetland in Southern Ontario with an area greater than two

hectares.

Penalty

(4)Every person who contravenes subsection (2), and if the person is a

corporation, every director or officer of the corporation who knowingly

concurs in the contravention, is guilty of an offence and on conviction is

liable,

(a)on a first conviction to a fine of not more than $25,000; and

(b)on a subsequent conviction to a fine of not more than $10,000 for each

day or part thereof upon which the contravention has continued after the day

on which the person was first convicted.

Corporation

(5)Where a corporation is convicted of an offence under subsection (4),

the maximum penalty that may be imposed is,

(a)on a first conviction a fine of not more than $50,000; and

(b)on a subsequent conviction a fine of not more than $25,000 for each day

or part thereof upon which the contravention has continued after the day on

which the corporation was first convicted,

and not as provided under subsection (4).

Order of prohibition

(6)Where a conviction is entered under subsection (4), in addition to any

other remedy or any penalty provided by law, the court in which the

conviction has been entered, and any court of competent jurisdiction

thereafter, may make an order prohibiting the continuation or repetition of

the offence by the person convicted.

Development Charges Act, 1997

6.(1)Paragraph 3 of subsection 2 (4) of the Development

Charges Act, 1997 is repealed.

(2)Section 2 of the Act is amended by adding the following

subsection:

Proposals for redevelopment

(5.1)Despite subsection (1), and unless permitted by regulation, a

development charge by-law may not impose development charges with respect to

the redevelopment of land formerly used for commercial or industrial

purposes.

7.Subsection 60 (1) of the Act is amended by adding the following

clauses:

(c.1)establishing and governing restrictions and standards for a

development charge by-law that imposes development charges to pay for the

acquisition of land for parks;

. . . . .

(d.1)defining the circumstances when, and the type of land redevelopment

projects to which, a municipality may impose development charges under

subsection 2 (5.1);

(d.2)establishing and governing restrictions and standards for a

development charge by law under subsection 2 (5.1).

Ontario Municipal Board Act

8.Section 8 of the Ontario Municipal Board Act is

repealed and the following substituted:

Tenure of office

8. Members of the Board shall hold office during pleasure,

but no person shall serve as a member of the Board for a period greater than

nine years.

9.Section 13 of the Act, as amended by the Statutes of Ontario,

1994,

chapter 23,

section 71, is further amended by adding the following

subsection:

Exception

(1.1)Despite subsection (1), an appeal to the Board under sections 17, 18,

22, 23 and 34 of the Planning Act shall be heard by a panel of at

least two members of the Board.

Planning Act

10.(1)Subsection 17 (40) of the Planning Act, as

re-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".

(2)Section 17 of the Act, as re-enacted by the Statutes of

Ontario, 1996,

chapter 4,

section 9 and amended by 1999,

chapter 12,

Schedule

section 22, is further amended by adding the following

subsection:

Powers of L.G. in C.

(51)The Lieutenant Governor in Council may confirm, vary or rescind the

decision of the Municipal Board in respect of the part or parts of the plan

identified in a notice of appeal under subsection (25), (37) or (41) or in a

transfer under subsection (49).

11.(1)Section 22 of the Act, as re-enacted by the Statutes of

Ontario, 1996,

chapter 4,

section 13 and amended by 1999,

chapter 12,

Schedule M,

section 23, is further amended by adding the following

subsection:

Three-year limitation

(2.1)No person or public body shall make a request under subsection (1) or

(2) unless three years has elapsed from the date the official plan was

adopted or approved, as the case may be.

(2)Clause 22 (7) (

c) of the Act, as enacted by the Statutes of

Document details

Collection	Ontario — Bills
Citation	Bill 78, 37-1
Type	bill
Volume / chapter	p37 s1 bill 78 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	0e97822cb59386082466a7c7b8e9064ef90f8d3c

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