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Bill 57, Paris Galt Moraine Conservation Act, 2021

Schreiner, Mike

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Bill 57 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Paris Galt Moraine Conservation Act, 2021

and makes related amendments to several other Acts. The major elements of the

Bill are described below.

The

Bill allows the Minister of Municipal Affairs and Housing to establish a Paris

Galt Moraine Conservation Plan. The objectives of the Plan are listed in

section 4 and broadly deal with ecological concerns for the Paris Galt Moraine

Area. The Act sets out requirements for amending the Plan.

The

Plan prevails in the case of conflict between the Plan and an official plan, a

zoning by-law or a policy statement issued under the Planning

Act . Certain municipalities and municipal planning authorities are

required to adopt official plan amendments and prepare and pass zoning by-law

amendments to comply with the Plan after it has been filed.

The

Lieutenant Governor in Council and the Minister are given regulation-making

powers with respect to the Plan. The Act prevails in the event of conflict

between its provisions and any other general or special Act.

Transitional

provisions related to the Act and the Plan are provided. Related amendments are

made to several other Acts.

The

Act is deemed to have come into force on November 24, 2021.

Bill 57 2021

Act to conserve the Paris Galt Moraine by providing for the Paris Galt Moraine

Conservation Plan

CONTENTS

Interpretation

Designation

of Paris Galt Moraine Area

Paris Galt Moraine Conservation

Plan

Establishment

of Plan

Objectives

Contents

of Plan

Agreements

Effect

of Plan

Conflict

Official

plan amendment

Approval

process, amendments under s. 9 (1) and (4)

Amendments

to Plan

Amending

process — Minister’s proposal

Duty

of hearing officer

Regulations and Miscellaneous

Non-application

of Statutory Powers Procedure Act

Regulations

— Lieutenant Governor in Council

Regulations

— Minister

Offence

Conflict

Transitional Issues

Existing

uses, buildings and structures

Previously

authorized single dwelling

Building

or structure previously authorized

Exception,

site plan approval

Amendments to Other Acts

Clean

Water Act, 2006

Great

Lakes Protection Act, 2015

Places

to Grow Act, 2005

Planning

Act

Resource

Recovery and Circular Economy Act, 2016

Commencement and

Short Title

Commencement

Short

title

Her

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

Province of Ontario, enacts as follows:

Interpretation

1 In this Act,

“First

Nation” means a band as defined in the Indian Act

(Canada); (“Première Nation”)

“local

board” has the same meaning as in the Municipal Affairs

Act , but does not include a board as defined in subsection 1 (1) of the Education Act ; (“conseil local”)

“Minister”

means the Minister of Municipal Affairs and Housing or such other member of the

Executive Council as may be assigned the administration of this Act under the Executive Council Act ; (“ministre”)

“Ministry”

means the Ministry of the Minister; (“ministère”)

“municipal

planning authority” means a municipal planning authority established under

section 14.1 of the Planning Act ; (“office

d’aménagement municipal”)

“natural

core area” and “natural linkage area” mean areas designated as such in the

Paris Galt Moraine Conservation Plan; (“zone centrale naturelle”, “lien

physique naturel”)

“official

plan” has the same meaning as in the Planning Act ;

(“plan officiel”)

“Paris

Galt Moraine Area” means the area of land designated under

section 2; (“territoire

de la moraine de Paris Galt”)

“Paris

Galt Moraine Conservation Plan” and “Plan” mean the plan established under

section 3; (“Plan de conservation de la moraine de Paris Galt”, “Plan”)

“prescribed”

means prescribed by the regulations; (“prescrit”)

“public

body” means a municipality, local board, ministry, department, board,

commission, agency or official of a provincial or federal government or a First

Nation; (“organisme public”)

“regulations”

means the regulations made under this Act; (“règlements”)

“zoning

by-law” means a by-law passed under

section 34 of the Planning

Act . (“règlement municipal de zonage”)

Designation

of Paris Galt Moraine Area

2 The Lieutenant Governor in Council may, by regulation,

designate an area of land as the Paris Galt Moraine Area.

Paris Galt Moraine Conservation Plan

Establishment

of Plan

(1) The Minister may, by regulation, establish

the Paris Galt Moraine Conservation Plan for the Paris Galt Moraine Area.

Copies

(2) The

Minister shall ensure that a copy of the Plan and of every amendment to it is

filed,

(

a) in

the offices of the Ministry; and

(

b) with

the clerk of each municipality that has jurisdiction in the Paris Galt Moraine

Area.

Review

(3) The

Minister shall ensure that a review of the Plan is carried out every 10 years

after the date the Plan comes into force to determine whether it should be

revised.

Natural

core areas and natural linkage areas

(4) A

review under subsection (3) shall not consider removing land from the natural

core areas or the natural linkage areas.

Consultation

and public participation

(5) During

a review under subsection (3), the Minister shall,

(

a) consult

with any affected ministries and public bodies;

(

b) consult

with the council of each municipality or with each municipal planning authority

that has jurisdiction in the Paris Galt Moraine Area;

(

c) ensure

that the public is given an opportunity to participate in the review; and

(

d) consult

with all First Nations whose treaty lands, territory, or aboriginal rights are

affected or potentially affected by the Plan.

Environmental

Assessment Act

(6) For

greater certainty, the Plan is not an undertaking as defined in subsection 1

(1) of the Environmental Assessment Act , but that

Act continues to apply within the area to which the Plan applies.

Objectives

4 The objectives of the Paris Galt Moraine Conservation Plan

are,

(

a) protecting

the ecological and hydrological integrity of the Paris Galt Moraine Area;

(

b) ensuring

that only land and resource uses that maintain, improve or restore the

ecological and hydrological functions of the Paris Galt Moraine Area are

permitted;

(

c) maintaining,

improving and restoring all the elements that contribute to ecological and

hydrological functions of the Paris Galt Moraine Area, including the quality

and quantity of its water;

(

d) ensuring

that the Paris Galt Moraine Area is maintained as a continuous natural landform

and environment for the benefit of present and future generations;

(

e) providing

for land and resource development that conforms with the objectives of the Plan

and any applicable Ontario climate change plan;

(

f) providing

for an approach to ecological and hydrological management that considers the

cumulative impact of water use and future population growth on water needs, and

that ensures water will be available for use as public drinking water for

individuals and communities in the area;

(

g) restricting

the extraction of mineral aggregates that are below the water table; and

(

h) any

other prescribed objectives.

Contents

of Plan

5 The Paris Galt Moraine Conservation Plan may,

(

a) set

out land use designations for land to which the Plan applies; and

(

b) with

respect to the areas affected by those land use designations,

(

i) prohibit

any use of land or the erection, location and use of buildings or structures

for or except for such purposes as may be set out in the Plan,

(ii) restrict

or regulate the use of land or the erection, location and use of buildings or

structures, and

(iii) set

out policies relating to land, resource and water protection.

Agreements

(1) For the purposes of achieving the objectives

of the Paris Galt Moraine Conservation Plan, the Minister or a municipality

with jurisdiction in the Paris Galt Moraine Area may enter into an agreement

with any other person or public body, including but not limited to an agreement

that provides for sharing the costs of implementing any feature of the Plan.

Planning

Act and Development Charges Act, 1997

(2) Subsection

(1) is subject to the Planning Act and the Development Charges Act, 1997 .

Effect

of Plan

(1) A decision that is made under the Planning Act or the Condominium Act,

1998 or in relation to a prescribed matter, by the Director under the Ontario Water Resources Act or by a municipal council,

local board, municipal planning authority, minister of the Crown or ministry,

board, commission or agency of the Government of Ontario, including the Local

Planning Appeal Tribunal, shall conform with the Paris Galt Moraine

Conservation Plan.

Same

(2) Despite

any other Act, no municipality or municipal planning authority shall, within

the area to which the Plan applies,

(

a) undertake

any public work, improvement of a structural nature or other undertaking that

conflicts with the Plan; or

(

b) pass

a by-law for any purpose that conflicts with the Plan.

Conflict

(1) Despite any other Act, the Paris Galt

Moraine Conservation Plan prevails in the case of conflict between the Plan

and,

(

a) an

official plan;

(

b) a

zoning by-law; or

(

c) a

policy statement issued under

section 3 of the Planning

Act .

Greater

restriction not conflict

(2) An

official plan or zoning by-law does not conflict with the Plan to the extent

that its provisions are more restrictive than those in the Plan.

Official

plan amendment

(1) On or before the day that is 18 months after

the day the Paris Galt Moraine Conservation Plan was filed under

Part III

(Regulations) of the Legislation Act, 2006 , every

prescribed municipality or municipal planning authority shall prepare and adopt

an official plan amendment to implement the Plan.

Approval

process

(2) Section

10 governs the approval process for each amendment required by subsections

(1) and (4) of this section.

Exercise

of municipal powers by Minister

(3) If

a municipality or municipal planning authority fails to comply with subsection

(1), the Minister may, on giving the municipality or municipal planning

authority at least 30 days written notice of his or her intention to do so,

exercise any of the municipality or municipal planning authority’s powers under

this Act or

section 17 or 21 of the Planning Act .

Amendment

of zoning by-laws

(4) On

or before the day that is 18 months after the filing date described in

subsection (1), every single-tier municipality and lower-tier municipality with

jurisdiction in the Paris Galt Moraine Area shall prepare and pass a zoning

by-law amendment to bring its zoning by-laws into conformity with the Plan, but

the amendment does not come into force unless it is approved by the Minister

under

section 10.

Extension

of time

(5) If

a municipality does not prepare and pass the zoning by-law amendment required

by subsection (4) until after the expiry of the 18-month period,

section 10

nevertheless applies to the amendment if the Minister makes a written

declaration to that effect.

Advising

of conflict

(6) If,

in the Minister’s opinion, an official plan or a zoning by-law conflicts with

the Plan, the Minister may,

(

a) advise

the municipality or the municipal planning authority that adopted the official

plan or that passed the zoning by-law of the particulars of the conflict; and

(

b) invite

the municipality or the municipal planning authority to submit, within a

specified time, proposals for the resolution of the conflict.

Minister’s

order

(7) The

Minister may, by order, amend the official plan or the zoning by-law, as the

case may be, to resolve the conflict,

(

a) if

the council or municipal planning authority fails to submit proposals to

resolve the conflict within the specified time; or

(

b) if

proposals are submitted but, after consultation with the Minister, the conflict

cannot be resolved, and the Minister so notifies the council or municipal

planning authority in writing.

Effect

of order

(8) An

order under subsection (7),

(

a) has

the same effect as an amendment to the official plan or zoning by-law that is

adopted or passed by the council of the municipality or the municipal planning

authority and approved by the appropriate approval authority; and

(

b) is

final and not subject to appeal.

Extension

of time

(9) If

a municipality does not prepare and adopt the official plan amendment required

by subsection (1) until after the expiry of the 18-month period,

section 10

nevertheless applies to the amendment if the Minister makes a written

declaration to that effect.

Legislation

Act, 2006 ,

Part III

(10) Orders

under subsection (7) and declarations under subsections (5) and (9) are not

regulations within the meaning of

Part III (Regulations) of the Legislation Act, 2006 .

Approval

process, amendments under s. 9 (1) and (4)

(1) This

section applies with respect to

official plan amendments required by subsection 9 (1) and zoning by-law

amendments required by subsection 9 (4).

Minister

as approval authority

(2) The

Minister is the approval authority.

Delegation

(3) The

Minister may, by order, delegate to the relevant upper-tier municipality his or

her powers and duties as approval authority with respect to official plan

amendments required by subsection 9 (1), and in that case subsections (4) to

(12) of this

section do not apply to those amendments.

Planning

Act

(4) The

Planning Act , except subsections 17 (2) to (8),

(19), (24) to (30) and (33) to (50), applies to official plan amendments to

which this

section applies.

Same

(5) The

Planning Act , except subsections 34 (10.1) to

(11.1), (14.1), (14.2), (19) to (26) and (30) to (34), applies to zoning by-law

amendments to which this

section applies.

Record

to be sent to Minister

(6) In

the case of a zoning by-law amendment to which this

section applies, the clerk

of the municipality shall prepare and send to the Minister, not later than 15

days after the day the amendment was passed, a record that includes,

(

a) a

copy of the zoning by-law amendment, certified by the clerk of the

municipality;

(

b) a

sworn declaration, by an employee of the municipality, that notice was given as

required by subsection 34 (18) of the Planning Act ;

(

c) the

original or a true copy of all written submissions and material in support of

submissions received in respect of the zoning by-law amendment before it was

passed; and

(

d) any

other information or material that the Minister requires.

Minister

may confer

(7) The

Minister may confer with any person or public body that the Minister considers

may have an interest in the proposed amendment.

Steps

(8) The

Minister may,

(

a) take

one or more of the steps set out in subsection (9); or

(

b) appoint

a hearing officer to conduct a hearing and make written recommendations with

respect to the proposed amendment, in which case

section 13 applies.

Same

(9) The

steps referred to in clause (8) (

a) are:

1. Approval

of all or part of the proposed amendment.

2. Modification

of all or part of the amendment and approval of the amendment or part as

modified.

3. Refusal

to approve all or part of the amendment.

Minister’s

decision

(10) The

Minister’s decision under clause (8) (a), or under subsection 13 (6), if a

hearing officer is appointed, is final and not subject to appeal.

Deemed

coming into force

(11) A

zoning by-law amendment that the Minister approves under this

section shall be

deemed to have come into force on the day it was passed.

Copies

of decision

(12) The

Minister shall send a copy of the decision referred to in subsection (10) to,

(

a) the

clerk of each municipality or the secretary-treasurer of each municipal

planning authority, as the case may be, that has jurisdiction in the area to

which the amendment would apply;

(

b) each

party to the hearing, if a hearing was held;

(

c) each

person or public body that filed a written request to be notified of the

decision; and

(

d) any

other persons or public bodies that the Minister determines.

Amendments

to Plan

(1) Any amendments to the Plan,

(

a) shall

be made in accordance with

section 12; and

(

b) shall

conform with the objectives of the Plan set out in

section 4.

Revocation

(2) Subsections

12 (1), (5), (6) and (8) to (11) apply, with necessary modifications, to

revocation of the Plan.

Amending

process — Minister’s proposal

(1) The Minister may propose an amendment to the

Paris Galt Moraine Conservation Plan.

Same

— application by prescribed public body

(2) The

Minister may prescribe circumstances under which a prescribed public body may

apply to the Minister for an amendment to the Plan.

Refusal,

non-conformity with objectives

(3) The

Minister may refuse an application made under subsection (2) if he or she is of

the opinion that the amendment requested does not conform with the objectives

of the Plan, as set out in

section 4, and in that case subsections (5) to (9)

of this

section do not apply to the amendment.

Notice

of refusal, reasons

(4) When

an application is refused under subsection (3), the Minister shall give the

applicant written notice and reasons.

Notice

re proposed amendment

(5) When

an amendment to the Plan is proposed under subsection (1) or applied for under

subsection (2), the Minister shall ensure that each municipality or municipal

planning authority with jurisdiction in the area to which the amendment would

apply or in an abutting area, and any other prescribed person or public body,

(

a) is

given notice of the proposal or application in the prescribed manner; and

(

b) is

invited to make written submissions on the amendment within the period of time

specified by the Minister.

Minister

may confer

(6) The

Minister may confer with any person or public body that the Minister considers

may have an interest in the proposed amendment.

Notice

or payment by applicant

(7) The

Minister may require an applicant to give the notice under clause (5) (

a) at

the applicant’s own expense, or to pay the Minister’s costs of giving it.

Steps

if no submissions received

(8) If

no written submissions under clause (5) (

b) are received within the specified

time, the Minister may take one or more of the following steps and make the

appropriate regulation, if any, amending the Plan:

1. Approval

of all or part of the proposed amendment.

2. Modification

of all or part of the amendment and approval of the amendment or part as

modified.

3. Refusal

to approve all or part of the amendment.

Steps

if submissions received

(9) If

written submissions under clause (5) (

b) are received, the Minister may, after

considering the submissions,

(

a) take

one or more of the steps listed in paragraphs 1, 2 and 3 of subsection (8) and

make the appropriate regulation, if any, amending the Plan; or

(

b) appoint

a hearing officer to conduct a hearing and make written recommendations with

respect to the proposed amendment, in which case

section 13 applies.

Minister’s

decision

(10) The

Minister’s decision made in accordance with subsection (8) or clause (9) (

a) is

final and not subject to appeal.

Copies

of decision

(11) The

Minister shall send a copy of the decision referred to in subsection (10) to,

(

a) the

clerk of each municipality or the secretary-treasurer of each municipal

planning authority, as the case may be, that has jurisdiction in the area to

which the amendment would apply;

(

b) each

party to the hearing, if a hearing was held;

(

c) each

person or public body that made written submissions under clause (5) (b); and

(

d) any

other persons or public bodies that the Minister determines.

Duty

of hearing officer

(1) On being appointed under clause 10 (8) (

b) or 12 (9) (b), the hearing officer shall,

(

a) fix

the time and place for the hearing; and

(

b) require

that notice, as specified by the hearing officer, be given in the prescribed

manner.

Rules

of procedure

(2) The

hearing officer may make rules of procedure for the hearing.

Protection

from personal liability

(3) The

hearing officer is not personally liable for anything done by him or her in

good faith in the execution of his or her duty under this Act or for any

neglect or default in the execution in good faith of his or her duty.

Recommendations

(4) The

hearing officer shall prepare written recommendations, with reasons, recommending

what action the Minister should take in accordance with clause 10 (8) (

a) or 12

(9) (a), as the case may be, and shall give them to the Minister and to the

parties to the hearing, within 30 days after the conclusion of the hearing.

Extension

of time

(5) The

Minister may extend the 30-day period at the hearing officer’s request.

Minister’s

decision

(6) After

considering the hearing officer’s recommendations and, if applicable, the

written submissions received under clause 12 (5) (

b) and any comments received

under subsection 12 (6), the Minister may act in accordance with clause 10 (8)

(

a) or 12 (9) (a), as the case may be, and the Minister’s decision is final and

not subject to appeal.

Regulations and Miscellaneous

Non-application

of Statutory Powers Procedure Act

14 The Statutory Powers Procedure Act

does not apply to anything done under this Act.

Regulations

— Lieutenant Governor in Council

15 The Lieutenant Governor in Council may make regulations,

(

a) designating

an area of land as the Paris Galt Moraine Area;

(

b) prescribing

matters for the purposes of subsection 7 (1).

Regulations

— Minister

(1) The Minister may make regulations,

(

a) establishing

the Paris Galt Moraine Conservation Plan;

(

b) prescribing

additional objectives for the Plan;

(

c) revoking

the Plan in accordance with subsection 11 (2);

(

d) making

amendments to the Plan in accordance with

section 12;

(

e) with

respect to applications under subsection 12 (2), prescribing,

(

i) public

bodies who may make applications,

(ii) circumstances

under which public bodies may make applications,

(iii) information

and material to be included with applications, and

(iv) fees

to be charged for processing applications and circumstances in which the amount

of a fee may be reduced or its payment may be waived;

(

f) requiring

specified lower-tier municipalities and single-tier municipalities with

jurisdiction in the Paris Galt Moraine Area to pass by-laws under

section 135

or 142, or both, of the Municipal Act, 2001 and

specify the municipalities and the by-law provisions;

(

g) prescribing

powers that must be exercised by municipalities in making a by-law referred to

in clause (

f) that are additional to those powers set out in

section 135 or 142

of the Municipal Act, 2001 ;

(

h) governing

transitional matters relating to the enactment of this Act or the enactment or

implementation of the Plan;

(

i) prescribing

anything else that is referred to in this Act as being prescribed.

Same

(2) A

regulation under clause (1) (

d) may be made retroactive to a date no earlier

than the date of the proposal under subsection 12 (1) or the application under

subsection 12 (2), as the case may be.

Non-application

of s. 12

(3) Despite

clause 11 (1) (a),

section 12 does not apply to amendments made under clause

(1) (

g) of this section.

Offence

(1) Every person who contravenes a prohibition

contained in the Paris Galt Moraine Conservation Plan, fails to comply with a

restriction contained in the Plan or fails to comply with an order made under

subsection (5) is guilty of an offence.

Penalty,

individual

(2) An

individual who is guilty of an offence described in subsection (1) is liable,

on conviction,

(

a) in

the case of a first conviction, to a fine of not more than $25,000 for each day

or part of a day on which the offence occurs or continues; and

(

b) in

the case of a subsequent conviction, to a fine of not more than $50,000 for

each day or part of a day on which the offence occurs or continues.

Same,

corporation

(3) A

corporation that is guilty of an offence described in subsection (1) is liable,

on conviction,

(

a) in

the case of a first conviction, to a fine of not more than $50,000 for each day

or part of a day on which the offence occurs or continues; and

(

b) in

the case of a subsequent conviction, to a fine of not more than $100,000 for

each day or part of a day on which the offence occurs or continues.

Directors,

officers, employees and agents

(4) If

a corporation commits an offence described in subsection (1), a director,

officer, employee or agent of the corporation who directed, authorized,

assented to, acquiesced in or failed to take all reasonable care to prevent the

commission of the offence, or who participated in the commission of the

offence, is also guilty of an offence under subsection (1), whether the

corporation has been prosecuted for the offence or not.

Additional

orders

(5) The

court that convicts a person under subsection (1) may, on its own initiative or

on the motion of counsel for the prosecutor, make one or more of the following

orders:

1. An

order requiring the person, within the period or periods specified in the

order, to,

i. take

specified action to prevent, decrease or eliminate any adverse effects on land

to which the Plan applies, and

ii. comply

with the Plan.

2. An

order imposing requirements that the court considers appropriate to prevent

similar unlawful conduct or to contribute to the person’s rehabilitation.

3. An

order prohibiting the continuation or repetition of the offence by the person.

Other

remedies and penalties preserved

(6) Subsection

(5) is in addition to any other remedy or penalty provided by law.

Conflict

18 In the event of conflict between this Act and any other

general or special Act, this Act prevails.

Transitional Issues

Existing

uses, buildings and structures

(1) Nothing in this Act or the Plan applies to

prevent,

(

a) the

use of any land, building or structure for a purpose prohibited by the Plan, if

the land, building or structure was lawfully used for that purpose on November 24,

2021 and continues to be used for that purpose; or

(

b) the

erection or use for a purpose prohibited by the Plan of a building or structure

for which a permit has been issued under subsection 8 (2) of the Building Code Act, 1992 on or before November 24, 2021 if,

(

i) the

permit has not been revoked under subsection 8 (10) of the Building Code Act, 1992 , and

(ii) the

building or structure when erected is used and continues to be used for the

purpose for which it was erected.

Expansion

of existing building or structure

(2) Nothing

in this Act or the Plan applies to prevent the expansion of an existing

building or structure on the same lot, if the applicant demonstrates that,

(

a) there

will be no change in use; and

(

b) the

expansion will not adversely affect the ecological integrity of the Paris Galt

Moraine Area.

Exception

(3) Despite

subsection (2), an existing mineral aggregate operation or an existing wayside

pit within a natural core area may not be expanded beyond the boundary of the

area under licence or permit.

Expansion

of existing institutional use

(4) Nothing

in this Act or the Plan applies to prevent the expansion of an existing

institutional use, if the applicant demonstrates that,

(

a) there

will be no change in use; and

(

b) the

expansion will not adversely affect the ecological integrity of the Paris Galt

Moraine Area.

Reconstruction

(5) Nothing

in this Act or the Plan applies to prevent the reconstruction, within the same

location and dimensions, of an existing building or structure that is damaged

or destroyed by causes beyond the owner’s control, and the reconstructed

building or structure shall be deemed to be an existing building or structure

if there is no change in use and no intensification of the use.

Conversion

to similar use

(6) Nothing

in this Act or the Plan applies to prevent the conversion of an existing use to

a similar use, if the applicant demonstrates that the conversion,

(

a) will

bring the use into closer conformity with this Act and, if it is in force, with

the Plan; and

(

b) will

not adversely affect the ecological integrity of the Paris Galt Moraine Area.

Existing

use, adverse effect on ecological integrity

(7) If

an existing use has adverse effects on the ecological integrity of the Paris

Galt Moraine Area, any application to expand the building, structure or use or

to convert the existing use to a similar use shall be considered with the

objective of bringing the use into closer conformity with this Act and, if it

is in force, with the Plan.

Definitions

(8) In

this section,

“existing”

means lawfully in existence on November 24, 2021 and for greater certainty does

not include a use, building or structure that is in existence on that date

without being lawful; (“existant”)

“institutional

use” includes, without limitation, use for the purposes of a long-term care

facility, hospital, school, university or college. (“utilisation

institutionnelle”)

Previously

authorized single dwelling

20 Nothing in this Act or the Plan applies to prevent the use,

erection or location of a single dwelling if,

(

a) the

use, erection and location would have been permitted by the applicable zoning

by-law on November 24, 2021; and

(

b) the

applicant demonstrates, to the extent possible, that the use, erection and

location will not adversely affect the ecological integrity of the Paris Galt

Moraine Area.

Building

or structure previously authorized

21 Nothing in this Act or the Plan applies to prevent the use,

erection or location of a building or structure if the use, erection and

location were authorized by the approval of an application that was commenced

before November 24, 2021 and approved after that date.

Exception,

site plan approval

22 An application for site plan approval under

section 41 of

the Planning Act is not required to comply with

this Act or the Plan if it relates to land in respect of which any of the following

was commenced before November 24, 2021 and approved after that date:

1. An

application for an amendment to a zoning by-law.

2. An

application for approval of a plan of subdivision under

section 51 of the Planning Act .

3. An

application for approval or exemption from approval for a plan of condominium

under

section 9 of the Condominium Act, 1998 .

Amendments to Other Acts

Clean

Water Act, 2006

23 Subsection 39 (5) of the Clean

Water Act, 2006 is amended by adding the following clause:

(d.1) the

Paris Galt Moraine Conservation Plan established under

section 3 of the Paris Galt Moraine Conservation Act, 2021 and any

amendment to the Plan;

Great

Lakes Protection Act, 2015

24 Subsection 20 (5) of the Great

Lakes Protection Act, 2015 is amended by adding the following clause:

(d.1) the

Paris Galt Moraine Conservation Plan established under

section 3 of the Paris Galt Moraine Conservation Act, 2021 and any

amendment to the Plan;

Places

to Grow Act, 2005

25 Subsection 14 (5) of the Places to

Grow Act, 2005 is amended by adding the following clause:

(d.1) the

Paris Galt Moraine Conservation Plan established under

section 3 of the Paris Galt Moraine Conservation Act, 2021 and any

amendment to the Plan;

Planning

Act

(1) The definition of “provincial plan” in

subsection 1 (1) of the Planning Act is amended by

adding the following clause:

(c.1) the

Paris Galt Moraine Conservation Plan established under

section 3 of the Paris Galt Moraine Conservation Act, 2021 ,

(2) Clause

17 (24.5) (

a) of the Act is amended by striking out “or” at the end of

subclause (iii), by adding “or” at the end of subclause (iv) and by adding the

following subclause:

(

v) the

Paris Galt Moraine Conservation Plan established under

section 3 of the Paris Galt Moraine Conservation Act, 2021 ;

Resource

Recovery and Circular Economy Act, 2016

27 Subsection 15 (4) of the Resource

Recovery and Circular Economy Act, 2016 is amended by adding the

following clause:

(c.1) the

Paris Galt Moraine Conservation Plan established under

section 3 of the Paris Galt Moraine Conservation Act, 2021 ;

Commencement and

Short Title

Commencement

28 This Act is deemed to have come into force on November

24, 2021.

Short

title

29 The

short title of this Act is the Paris Galt Moraine Conservation Act, 2021 .

Date Bill stage Event Outcome Committee

November 24, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

November 24, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

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