Oak Ridges Moraine Green Planning Act, 2000 Martel, Shelley — Bill 71 (37th Parliament, 1st Session)

Bill 71, 37-1

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Bill 71, Oak Ridges Moraine Green Planning Act, 2000

Martel, Shelley

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[37] Bill 71 Original (PDF)

Bill 71

Bill 712000

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; ("amnagement") "

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 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

2. (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.

3.(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 re-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 re-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. Development that will

negatively impact on ground-water recharge areas, head-waters and aquifers

that have been identified as sensitive areas will not be permitted.

2.(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 uses, and densities

that efficiently use land, infrastructure, and pu

Document details

Collection	Ontario — Bills
Citation	Bill 71, 37-1
Type	bill
Volume / chapter	p37 s1 bill 71 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	1e9daf1b71989a585f0c0c47ef41e6ebc59b3ce3

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