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Bill 136, Greenbelt Statute Law Amendment Act, 2023

Calandra, Hon. Paul Minister of Municipal Affairs and Housing

Royal Assent received. Statutes of Ontario 2023,

chapter 22

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Acts affected

Royal Assent

As Amended by Standing Committee

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Bill 136 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 136 and does not form part of the law.

Bill 136 has been enacted as

Chapter 22 of the Statutes of Ontario, 2023.

SCHEDULE 1

DUFFINS ROUGE AGRICULTURAL PRESERVE ACT, 2023

The

Schedule enacts the Duffins Rouge Agricultural Preserve

Act, 2023 and repeals the Duffins Rouge

Agricultural Preserve Repeal Act, 2022 .

Section

2 of the Duffins Rouge Agricultural Preserve Act, 2023

defines DRAPA covenants and DRAPA easements as any covenant that an owner of

land entered into or purportedly entered into with, or any easement that an

owner of land granted or purportedly granted to, a conservation body under the Conservation Land Act on or before February 28, 2005 with

respect to land in the area described in

Schedule 1.

The

Minister under the Conservation Land Act may

register a notice of

section 2 against the affected land in the proper land

registry office. Despite the Land Titles Act , DRAPA

covenants and DRAPA easements are binding on a person who has an interest in

land described in

Schedule 1 of the Act regardless of when the person acquired

the interest and whether a notice of

section 2 was registered against the

affected land at the time the person acquired the interest.

Section

3 sets out various limitations on remedies. Among other things, this

section provides

that no cause of action arises as a result of the amendment or repeal of any

provision of the Act, the Duffins Rouge Agricultural

Preserve Act, 2005 or the Duffins Rouge

Agricultural Preserve Repeal Act, 2022 , or as a result of anything done

or not done in accordance with these Acts or any representation or other

conduct by current or former employees, officers or agents of the Crown in

right of Ontario or current or former members of the Executive Council that is

related to specified actions.

SCHEDULE 2

GREENBELT ACT, 2005

The

Schedule amends the Greenbelt Act, 2005 . Here are

some highlights:

1. Currently,

section 2 of the Act provides for the regulations to designate an area of land

as the Greenbelt Area. The Greenbelt Area is currently set out in Ontario

Regulation 59/05 (Designation of Greenbelt Area).

Section 2 of the Act is

re-enacted to set out the designated Greenbelt Area, which reflects the Area

designated by Ontario Regulation 59/05 but also includes the area of land that

was removed from that Regulation on December 14, 2022.

2. New

section 14.1 of the Act provides that the Greenbelt Plan is deemed to provide

that specified lands are designated or otherwise identified in the same manner

as they were so designated or otherwise identified by the Plan on December 13,

Section

19 of the Act, which currently sets out various limitations on remedies, is

re-enacted. Among other things, new

section 19 provides that no cause of action

arises as a result of amendments to the Act or to regulations made under the

Act or any representation or other conduct by current or former employees,

officers or agents of the Crown in right of Ontario or current or former

members of the Executive Council that is related to specified actions.

4. New

section 19.1 of the Act provides for the termination of an agreement between a

specified company and His Majesty the King in Right of Ontario respecting the

settlement of a court proceeding.

5. Ontario

Regulation 59/05 (Designation of Greenbelt Area) is revoked.

SCHEDULE 3

MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT

Currently,

subsection 7 (1) of the Ministry of Municipal Affairs and

Housing Act provides for protection from personal liability for acts

done in good faith by the Deputy Minister, any employee of the Ministry or

anyone acting under the Deputy Minister’s authority. The subsection is amended to

also apply to acts done in good faith by Facilitators and Deputy Facilitators

appointed under subsection 12 (2) of the Act.

SCHEDULE 4

OAK RIDGES MORAINE CONSERVATION ACT, 2001

The

Schedule amends the Oak Ridges Moraine Conservation Act,

2001 . Here are some highlights:

1. Currently,

section 2 of the Act provides for the regulations to designate an area of land

as the Oak Ridges Moraine Area. The Oak Ridges Moraine Area is currently set

out in Ontario Regulation 1/02 (Designation of Oak Ridges Moraine Area).

Section 2 of the Act is re-enacted to set out the designated Oak Ridges Moraine

Area, which reflects the Area designated by Ontario Regulation 1/02. A

complementary amendment is made to

section 22 of the Act.

Section

20 of the Act, which currently sets out various limitations on remedies, is

re-enacted. Among other things, new

section 20 provides that no cause of action

arises as a result of amendments to the Act or to the regulations made under

the Act or any representation or other conduct by current or former employees,

officers or agents of the Crown in right of Ontario or current or former

members of the Executive Council that is related to specified actions.

3. New

section 26 of the Act provides that Ontario Regulation 140/02 (Oak Ridges

Moraine Conservation Plan) is deemed to apply as though the amendments made by

Ontario Regulation 568/22 had not been made.

4. Ontario

Regulation 1/02 (Designation of Oak Ridges Moraine Area) is revoked.

Bill 136 2023

Act to amend the Greenbelt Act, 2005 and certain other Acts, to enact the

Duffins Rouge Agricultural Preserve Act, 2023, to repeal

an Act and to revoke

various regulations

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Duffins

Rouge Agricultural Preserve Act, 2023

Schedule 2

Greenbelt

Act, 2005

Schedule 3

Ministry

of Municipal Affairs and Housing Act

Schedule 4

Oak

Ridges Moraine Conservation Act, 2001

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

force on a day to be named by proclamation of the Lieutenant Governor, a

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Greenbelt Statute Law Amendment Act, 2023 .

SCHEDULE 1

DUFFINS ROUGE AGRICULTURAL PRESERVE ACT, 2023

Interpretation

Definition

this Act,

“DRAPA

covenant” means any covenant that an owner of land entered into or purportedly

entered into with a conservation body under the Conservation

Land Act on or before February 28, 2005 with respect to land in the area

described in

Schedule 1; (“ engagement visé par la Loi

sur la Réserve agricole de Duffins-Rouge ”)

“DRAPA

easement” means any easement that an owner of land granted or purportedly

granted to a conservation body under the Conservation Land

Act on or before February 28, 2005 with respect to land in the area

described in

Schedule 1. (“ servitude visée par la Loi

sur la Réserve agricole de Duffins-Rouge ”)

Duffins Rouge

Agricultural Preserve

DRAPA

covenants, easements valid

(1) Every

DRAPA covenant and DRAPA easement is deemed to be valid and deemed to have

always been valid since first granted or entered into despite the Duffins Rouge Agricultural Preserve Repeal Act, 2022 and

any action, agreement, instrument registered against the affected land or court

order to the contrary taken, entered into or issued before, on or after the day

Schedule 1 of the Greenbelt

Statute Law Amendment Act, 2023 comes into force.

Registration

of notice

(2) The

Minister under the Conservation Land Act may

register a notice of this

section against the affected land in the proper land

registry office.

Land

Titles Act

(3) Despite

the Land Titles Act , the covenants and easements

that are deemed to be valid under subsection (1) are binding on a person who

has an interest in land described in

Schedule 1 regardless of,

(

a) whether

the person acquired the interest before, on or after the day subsection

(1) came into force; and

(

b) whether

a notice of this

section was registered against the affected land at the time

the person acquired the interest.

Notice

deemed valid

(4) A

notice under

section 2 of the Duffins Rouge Agricultural

Preserve Act, 2005 registered in the proper land registry office against

any land described in

Schedule 1 is deemed to have been valid from the day it

was first registered until the day the Duffins Rouge

Agricultural Preserve Repeal Act, 2022 came into force.

Limitations

on remedies

(1) No

cause of action arises as a direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of this Act, the Duffins Rouge Agricultural Preserve Act, 2005 or the Duffins Rouge Agricultural Preserve Repeal Act, 2022 ;

(

b) anything

done or not done in accordance with this Act, the Duffins

Rouge Agricultural Preserve Act, 2005 or the Duffins

Rouge Agricultural Preserve Repeal Act, 2022 ; or

(

c) any

representation or other conduct by current or former employees, officers, or

agents of the Crown in right of Ontario or current or former members of the

Executive Council that is related, directly or indirectly, to,

(

i) the

validity or legal effect of any DRAPA covenant, DRAPA easement or notice

registered under this Act or the Duffins Rouge

Agricultural Preserve Act, 2005 ,

(ii) the

actual or potential enactment of any Act or the actual or potential making of

any regulation or other instrument concerning the validity or legal effect of

any DRAPA covenant, DRAPA easement or notice registered under this Act or the Duffins Rouge Agricultural Preserve Act, 2005 , or

(iii) the

actual or potential acquisition, disposal, use or development of any land

referred to in

Schedule 1.

remedy

(2) No

costs, compensation or damag es,

including for loss of revenues or loss of profit, ar e owing or payable

to any person and no remedy, including but not limited to a remedy in contract,

restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any

equitable remedy or any remedy under any statute, is available to any person in

connection with anything referred to in subsection (1).

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person.

Application

(4) Subsection

(3) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, an injunction,

declaratory relief or enforcement of a judgment, order or award made outside

Ontario.

Retrospective

effect

(5) Subsections

(1), (2) and (3) apply regardless of whether a cause of action on which a

proceeding is purportedly based arose before, on or after the day

Schedule 1 of

the Greenbelt Statute Law Amendment Act, 2023 comes

into force.

costs award

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (3).

expropriation or injurious affection

(7) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings

by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown in

right of Ontario.

Person

defined

(9) In

this section,

“person”

includes the Crown in right of Ontario and its current and former employees,

officers and agents, current and former members of the Executive Council and conservation

bodies as defined in subsection 3 (1) of the Conservation

Land Act and their current and former employees, officers and agents.

Repeal

Duffins

Rouge Agricultural Preserve Repeal Act, 2022

The Duffins Rouge Agricultural Preserve Repeal Act, 2022

is repealed.

Commencement and Short

Title

Commencement

The Act set out in this

Schedule comes into force on the day the Greenbelt Statute Law Amendment Act, 2023 receives Royal

Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Duffins Rouge Agricultural Preserve Act, 2023 .

SCHEDULE 1

Those

lands in the City of Pickering, in The Regional Municipality of Durham, in the

Province of Ontario, that are outlined in red on map number 210 identified by

the Registrar of Regulations Office on April 22, 2003 and filed at the Toronto

office of the Ministry of Municipal Affairs and Housing located at 777 Bay

Street.

SCHEDULE

GREENBELT ACT, 2005

Subsection 1 (1) of the Greenbelt Act, 2005 is

amended by adding the following definition:

“Greenbelt

Plan Amendment No. 3” means the amendment to the Greenbelt Plan approved by

Order in Council number 1745/2022, made on December 14, 2022 by the Lieutenant

Governor in Council under this Act; (“modification no 3 du Plan de la ceinture

de verdure”)

Section 2 of the Act is repealed and the following substituted:

Designation

of area

(1) The

following areas of land are designated as the Greenbelt Area:

1. The

Oak Ridges Moraine Area designated under

section 2 of the Oak

Ridges Moraine Conservation Act, 2001 , but not the area of land

designated as

Part 1 on a plan entitled “Plan of the Boundary of the 2017 Oak

Ridges Moraine Area Removal” dated May 4, 2017 and filed on that date with the

Office of the Surveyor General of Ontario.

2. The

Niagara Escarpment Plan Area shown on Niagara Escarpment Plan Maps 1 to 9,

which are all dated April 12, 2017 and filed on that date in the offices of the

Niagara Escarpment Commission.

3. The

area of land designated as Parts 1 to 36, both inclusive, on a plan entitled

“Plan of the Boundary of the Protected Countryside” dated February 23, 2005 and

filed on that date with the Office of the Surveyor General of Ontario, the area

of land designated as Parts 1 to 5, both inclusive, on a plan entitled “Plan of

the Boundary of the 2017 Protected Countryside Additions” dated May 4, 2017 and

filed on that date with the Office of the Surveyor General of Ontario and the

area of land designated as

Part 1 on a plan entitled “Plan of the Boundary of

the 2022 Protected Countryside Additions” dated December 12, 2022 and filed on

that date with the Office of the Surveyor General of Ontario, but not the area

of land designated as Parts 1 to 34, both inclusive, on a plan entitled “Plan

of the Boundary of the 2017 Protected Countryside Removals” dated May 4, 2017

and filed on that date with the Office of the Surveyor General of Ontario.

4. The

area of land designated as

Part 1 on a plan entitled “Plan of the Boundary of

the Glenorchy Addition”, dated January 4, 2013 and filed on that date with the

Office of the Surveyor General of Ontario.

5. The

area of land designated as Parts 1 to 34, both inclusive, on a plan entitled

“Plan of the Boundary of the 2017 Urban River Valley Area Additions” dated May

4, 2017 and filed on that date with the Office of the Surveyor General of

Ontario, including the area of land designated as

Part 4 on that plan even

though that area of land is a portion of the area of land designated as

Part 1

on the plan referred to in paragraph 3 entitled “Plan of the Boundary of the

2017 Protected Countryside Removals”.

6. The

area of land designated as Parts 1 to 12, both inclusive, on a plan entitled

“Plan of the Boundary of the 2022 Urban River Valley Area Additions” dated

December 12, 2022 and filed on that date with the Office of the Surveyor

General of Ontario.

Public

inspection of plans

(2) Copies

of the following plans are available for public inspection at the offices of

the Ministry of Municipal Affairs and Housing and on a website of the

Government of Ontario:

1. The

plan referred to in paragraph 1 of subsection (1) entitled “Plan of the

Boundary of the 2017 Oak Ridges Moraine Area Removal”.

2. All

of the plans referred to in paragraphs 3 to 6 of subsection (1).

Same

(3) The

Niagara Escarpment Plan Maps 1 to 9, referred to in paragraph 2 of subsection

(1), are available for public inspection at the offices of the Niagara

Escarpment Commission.

The Act is amended by adding the following section:

Statutory

amendment to Plan

14.1 The Greenbelt Plan is

deemed to provide that,

(

a) the

lands designated as Parts 1 to 20, both inclusive, on a plan entitled “Plan of

the Boundary of the 2022 Protected Countryside Removals” dated December 12,

2022 and filed on that date with the Office of the Surveyor General of Ontario

are designated as Protected Countryside;

(

b) the

lands referred to in clause (

a) that were, on December 13, 2022, part of the

Natural Heritage System of the Greenbelt Plan are identified as part of the

Natural Heritage System of the Greenbelt Plan;

(

c) the

lands designated as Parts 19 and 20 on a plan entitled “Plan of the Boundary of

the 2022 Protected Countryside Removals” dated December 12, 2022 and filed on

that date with the Office of the Surveyor General of Ontario are identified as

Niagara Peninsula Tender Fruit and Grape Area; and

(

d) the

lands in the Protected Countryside that were identified as Towns/Villages by

the Greenbelt Plan after Greenbelt Plan Amendment No. 3 came into effect but

had been identified as Niagara Peninsula Tender Fruit and Grape Area before

that amendment came into effect are identified as Niagara Peninsula Tender

Fruit and Grape Area.

Section 19 of the Act is repealed and the following substituted:

Limitations

on remedies

(1) No

cause of action arises as a direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of this Act, including, for

greater certainty, the amendments made to this Act by the Greenbelt

Statute Law Amendment Act, 2023 ;

(

b) the making, amendment or revocation of

any provision of the regulations made under this Act, including, for greater

certainty, the making of, amendments to and revocation of

Ontario Regulation 59/05 (Designation of Greenbelt Area) made under this Act,

including,

(

i) the

inclusion in paragraph 3 of subsection 1 (1) of that Regulation, on December

16, 2004, of the area of land designated as

Part 32 on a plan entitled “Plan of

the Boundary of the Protected Countryside” dated February 23, 2005 and filed on

that date with the Office of the Surveyor General of Ontario, and

(ii) the

amendments made to that Regulation by Ontario Regulation 567/22 made under this

Act;

(

c) the

establishment of the Greenbelt Plan or the approval of any amendments to the

Greenbelt Plan under subsection 14 (1), including, for greater certainty, the

approval of Greenbelt Plan Amendment No. 3;

(

d) the

establishment of a plan or the approval of an amendment to a plan under the Ontario Planning and Development Act, 1994 in relation to

lands to which the Greenbelt Plan applies;

(

e) anything

done or not done in accordance with this Act, the regulations made under it,

the Greenbelt Plan or a plan referred to in clause (d), including, for greater

certainty, any review or reconsideration of the Greenbelt Area and the

Greenbelt Plan, or any purported failure to review or reconsider the Greenbelt

Area and the Greenbelt Plan, including in relation to the land that is

identified as “Featureless Lands” in the Statement of Claim filed in the

Superior Court of Justice proceeding commenced at Newmarket and identified as

Court File number CV-17-131956-00; or

(

f) any

representation or other conduct by current or former employees, officers or

agents of the Crown in right of Ontario or current or former members of the

Executive Council that is related, directly or indirectly, to,

(

i) the

actual or potential enactment of any Act or actual or potential making of any

regulation made under this Act or other instrument concerning,

(

A) the

removal of land from the Greenbelt Area, including under Ontario Regulation

567/22 made under this Act, or

(

B) the

identification of any land, including by Greenbelt Plan Amendment No. 3,

(ii) the

actual or potential acquisition, disposal, use or development of any land

removed from the Greenbelt Area pursuant to Ontario Regulation 567/22 made

under this Act or redesignated by Greenbelt Plan Amendment No. 3,

(iii) the

actual or potential granting or issuance of any approval, permit, order or

other instrument in respect of any land removed from the Greenbelt Area under

Ontario Regulation 567/22 made under this Act or redesignated by Greenbelt Plan

Amendment No. 3,

(iv) any

actual or potential agreement under

section 49.2 of the Planning

Act in respect of any land referred to in clause 14.1 (

a) of this Act,

including any negotiations respecting any such actual or potential agreement,

(

v) the

addition of land that is identified as “Featureless Lands” in the Statement of

Claim filed in the Superior Court of Justice proceeding commenced at Newmarket

and identified as Court File number CV-17-131956-00 to the Greenbelt Area under

Ontario Regulation 59/05 made under this Act and the designation of that land

as Protected Countryside by the Greenbelt Plan, any review or reconsideration

of that addition and designation or any purported failure to review or

reconsider that addition and designation, or

(vi) the

settlement of the Superior Court of Justice proceeding commenced at Newmarket

and identified as Court File number CV-17-131956-00, including the disclosure

of any information relating to that settlement, regardless of whether such

information is privileged or confidential, or any purported breach of that

settlement.

remedy

(2) No

costs, compensation or damages, including for loss of revenues or loss of

profit, are owing or payable to any person and no remedy, including but not

limited to a remedy in contract, restitution, tort, misfeasance, bad faith,

trust or fiduciary obligation, any equitable remedy or any remedy under any

statute, is available to any person in connection with anything referred to in

subsection (1).

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person.

Application

(4) Subsection

(3) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, injunction,

declaratory relief or the enforcement of a judgment, order or award made

outside Ontario.

Retrospective

effect

(5) Subsections

(1), (2) and (3) apply regardless of whether a cause of action on which a

proceeding is purportedly based arose before, on or after the day

section 4 of

Schedule 2 to the Greenbelt Statute Law Amendment Act,

2023 comes into force.

costs award

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (3).

expropriation or injurious affection

(7) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings

by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown in

right of Ontario.

Person

defined

(9) In

this section,

“person”

includes the Crown in right of Ontario and its current and former employees,

officers and agents, current and former members of the Executive Council and

municipalities and their current and former employees, officers and agents.

Termination

of settlement agreement

19.1 The agreement dated

November 3, 2022 between Minotar Holdings Inc. and His Majesty the King in

Right of Ontario as represented by the Minister of Municipal Affairs and

Housing respecting the settlement of the Superior Court of Justice proceeding

commenced at Newmarket and identified as Court File number CV-17-131956-00 is

terminated on the day the Greenbelt Statute Law Amendment

Act, 2023 receives Royal Assent.

Revocation

Ontario Regulation 59/05 (Designation of Greenbelt Area) made under the Act is

revoked.

Commencement

This

Schedule comes into force on the day the Greenbelt

Statute Law Amendment Act, 2023 receives Royal Assent.

SCHEDULE

MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT

Subsection 7 (1) of the Ministry of Municipal Affairs and

Housing Act is amended by striking out “the Deputy Minister or any

employee” and substituting “the Deputy Minister, the Facilitator or any Deputy

Facilitators appointed under subsection 12 (2) or any employee”.

Commencement

This

Schedule comes into force on the day the Greenbelt

Statute Law Amendment Act, 2023 receives Royal Assent.

SCHEDULE

OAK RIDGES MORAINE CONSERVATION ACT, 2001

Section 2 of the Oak Ridges Moraine Conservation Act, 2001

is repealed and the following substituted:

Designation

of Oak Ridges Moraine Area

(1) The

following area of land is designated as the Oak Ridges Moraine Area:

1. The

land designated as

Part 1 on a plan entitled “Plan of the Boundary of the Oak

Ridges Moraine Area” and filed on October 22, 2001 with the Office of the

Surveyor General of Ontario.

Public

inspection

(2) Copies

of the plan referred to in subsection (1) are available for public inspection

at the offices of the Ministry of Municipal Affairs and Housing and the offices

of the Ministry of Natural Resources and Forestry.

Section 20 of the Act is repealed and the following substituted:

Limitations

on remedies

(1) No

cause of action arises as a direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of this Act, including, for

greater certainty, the amendments made to this Act by the Greenbelt

Statute Law Amendment Act, 2023 ;

(

b) the

making, amendment or revocation of any provision of the regulations;

(

c) anything

done or not done in accordance with this Act or the regulations; or

(

d) any

representation or other conduct by current or former employees, officers or

agents of the Crown in right of Ontario or current or former members of the

Executive Council that is related, directly or indirectly, to,

(

i) the

actual or potential enactment of any Act or actual or potential making of any

regulation or other instrument concerning a change in designation of lands in

the Plan, including under Ontario Regulation 568/22 made under this Act or

section

26 of this Act,

(ii) the

actual or potential acquisition, disposal, use or development of any land whose

designation was changed under Ontario Regulation 568/22 made under this Act or

section 26 of this Act, or

(iii) any

actual or potential agreement under

section 49.2 of the Planning

Act in respect of any land whose designation was changed under Ontario

Regulation 568/22 made under this Act or

section 26 of this Act, including any

negotiations respecting any such actual or potential agreement.

No remedy

(2) No

costs, compensation or damag es,

including for loss of revenues or loss of profit, ar e owing or payable

to any person and no remedy, including but not limited to a remedy in contract,

restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any

equitable remedy or any remedy under any statute, is available to any person in

connection with anything referred to in subsection (1).

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person.

Application

(4) Subsection

(3) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, injunction,

declaratory relief or the enforcement of a judgment, order or award made

outside Ontario.

Retrospective

effect

(5) Subsections

(1), (2) and (3) apply regardless of whether a cause of action on which a

proceeding is purportedly based arose before, on or after the day

section 2 of

Schedule 4 to the Greenbelt Statute Law Amendment Act,

2023 comes into force.

costs award

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (3).

expropriation or injurious affection

(7) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown in

right of Ontario.

Person

defined

(9) In

this section,

“person”

includes the Crown in right of Ontario and its current and former employees,

officers and agents, current and former members of the Executive Council and

municipalities and their current and former employees, officers and agents.

Clause 22 (1) (

a) of the Act is repealed.

The Act is amended by adding the following section:

Statutory

reversal of amendments to Plan

Ontario

Regulation 140/02 (Oak Ridges Moraine Conservation Plan) made under this Act is

deemed to apply as though the amendments made by Ontario Regulation 568/22 had

not been made.

Revocation

Ontario Regulation 1/02 (Designation of Oak Ridges Moraine Area) made under the

Act is revoked.

Commencement

This

Schedule comes into force on the day the Greenbelt

Statute Law Amendment Act, 2023 receives Royal Assent.

Bill 136 As Amended by Standing Committee (PDF)

This

reprint of the Bill is marked to indicate the changes that were made in

Committee.

The

changes are indicated by underlines for

new text and a strikethrough for deleted text.

______________

EXPLANATORY

NOTE

SCHEDULE 1

DUFFINS ROUGE AGRICULTURAL PRESERVE ACT, 2023

The

Schedule enacts the Duffins Rouge Agricultural Preserve

Act, 2023 and repeals the Duffins Rouge

Agricultural Preserve Repeal Act, 2022 .

Section

2 of the Duffins Rouge Agricultural Preserve Act, 2023

defines DRAPA covenants and DRAPA easements as any covenant that an owner of

land entered into or purportedly entered into with, or any easement that an

owner of land granted or purportedly granted to, a conservation body under the Conservation Land Act on or before February 28, 2005 with

respect to land in the area described in

Schedule 1.

The

Minister under the Conservation Land Act may

register a notice of

section 2 against the affected land in the proper land

registry office. Despite the Land Titles Act , DRAPA

covenants and DRAPA easements are binding on a person who has an interest in

land described in

Schedule 1 of the Act regardless of when the person acquired

the interest and whether a notice of

section 2 was registered against the

affected land at the time the person acquired the interest.

Section

3 sets out various limitations on remedies. Among other things, this

section provides

that no cause of action arises as a result of the amendment or repeal of any

provision of the Act, the Duffins Rouge Agricultural

Preserve Act, 2005 or the Duffins Rouge

Agricultural Preserve Repeal Act, 2022 , or as a result of anything done

or not done in accordance with these Acts or any representation or other

conduct by current or former employees, officers or agents of the Crown in

right of Ontario or current or former members of the Executive Council that is

related to specified actions.

SCHEDULE 2

GREENBELT ACT, 2005

The

Schedule amends the Greenbelt Act, 2005 . Here are

some highlights:

1. Currently,

section 2 of the Act provides for the regulations to designate an area of land

as the Greenbelt Area. The Greenbelt Area is currently set out in Ontario

Regulation 59/05 (Designation of Greenbelt Area).

Section 2 of the Act is re-enacted

to set out the designated Greenbelt Area, which reflects the Area designated by

Ontario Regulation 59/05 but also includes the area of land that was removed

from that Regulation on December 14, 2022.

2. New

section 14.1 of the Act provides that the Greenbelt Plan is deemed to provide

that specified lands are designated or otherwise identified in the same manner

as they were so designated or otherwise identified by the Plan on December 13,

Section

19 of the Act, which currently sets out various limitations on remedies, is

re-enacted. Among other things, new

section 19 provides that no cause of action

arises as a result of amendments to the Act or to regulations made under the

Act or any representation or other conduct by current or former employees,

officers or agents of the Crown in right of Ontario or current or former

members of the Executive Council that is related to specified actions.

4. New

section 19.1 of the Act provides for the termination of an agreement between a

specified company and His Majesty the King in Right of Ontario respecting the

settlement of a court proceeding.

5. Ontario

Regulation 59/05 (Designation of Greenbelt Area) is revoked.

SCHEDULE 3

MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT

Currently,

subsection 7 (1) of the Ministry of Municipal Affairs and

Housing Act provides for protection from personal liability for acts

done in good faith by the Deputy Minister, any employee of the Ministry or

anyone acting under the Deputy Minister’s authority. The subsection is amended to

also apply to acts done in good faith by Facilitators and Deputy Facilitators

appointed under subsection 12 (2) of the Act.

SCHEDULE 4

OAK RIDGES MORAINE CONSERVATION ACT, 2001

The

Schedule amends the Oak Ridges Moraine Conservation Act,

2001 . Here are some highlights:

1. Currently,

section 2 of the Act provides for the regulations to designate an area of land

as the Oak Ridges Moraine Area. The Oak Ridges Moraine Area is currently set

out in Ontario Regulation 1/02 (Designation of Oak Ridges Moraine Area).

Section 2 of the Act is re-enacted to set out the designated Oak Ridges Moraine

Area, which reflects the Area designated by Ontario Regulation 1/02. A

complementary amendment is made to

section 22 of the Act.

Section

20 of the Act, which currently sets out various limitations on remedies, is

re-enacted. Among other things, new

section 20 provides that no cause of action

arises as a result of amendments to the Act or to the regulations made under

the Act or any representation or other conduct by current or former employees,

officers or agents of the Crown in right of Ontario or current or former

members of the Executive Council that is related to specified actions.

3. New

section 26 of the Act provides that Ontario Regulation 140/02 (Oak Ridges

Moraine Conservation Plan) is deemed to apply as though the amendments made by

Ontario Regulation 568/22 had not been made.

4. Ontario

Regulation 1/02 (Designation of Oak Ridges Moraine Area) is revoked.

Bill 136 2023

Act to amend the Greenbelt Act, 2005 and certain other Acts, to enact the

Duffins Rouge Agricultural Preserve Act, 2023, to repeal

an Act and to revoke

various regulations

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Duffins

Rouge Agricultural Preserve Act, 2023

Schedule 2

Greenbelt

Act, 2005

Schedule 3

Ministry

of Municipal Affairs and Housing Act

Schedule 4

Oak

Ridges Moraine Conservation Act, 2001

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

force on a day to be named by proclamation of the Lieutenant Governor, a

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Greenbelt Statute Law Amendment Act, 2023 .

SCHEDULE 1

DUFFINS ROUGE AGRICULTURAL PRESERVE ACT, 2023

Interpretation

Definition

this Act,

“DRAPA

covenant” means any covenant that an owner of land entered into or purportedly

entered into with a conservation body under the Conservation

Land Act on or before February 28, 2005 with respect to land in the area

described in

Schedule 1; (“ engagement visé par la Loi

sur la Réserve agricole de Duffins-Rouge ”)

“DRAPA

easement” means any easement that an owner of land granted or purportedly

granted to a conservation body under the Conservation Land

Act on or before February 28, 2005 with respect to land in the area

described in

Schedule 1. (“ servitude visée par la Loi

sur la Réserve agricole de Duffins-Rouge ”)

Duffins Rouge

Agricultural Preserve

DRAPA

covenants, easements valid

(1) Every

DRAPA covenant and DRAPA easement is deemed to be valid and deemed to have

always been valid since first granted or entered into despite the Duffins Rouge Agricultural Preserve Repeal Act, 2022 and

any action, agreement, instrument registered against the affected land or court

order to the contrary taken, entered into or issued before, on or after the day

Schedule 1 of the Greenbelt

Statute Law Amendment Act, 2023 comes into force.

Registration

of notice

(2) The

Minister under the Conservation Land Act may

register a notice of this

section against the affected land in the proper land

registry office.

Land

Titles Act

(3) Despite

the Land Titles Act , the covenants and easements

that are deemed to be valid under subsection (1) are binding on a person who

has an interest in land described in

Schedule 1 regardless of,

(

a) whether

the person acquired the interest before, on or after the day subsection

(1) came into force; and

(

b) whether

a notice of this

section was registered against the affected land at the time

the person acquired the interest.

Notice

deemed valid

(4) A

notice under

section 2 of the Duffins Rouge Agricultural

Preserve Act, 2005 registered in the proper land registry office against

any land described in

Schedule 1 is deemed to have been valid from the day it

was first registered until the day the Duffins Rouge

Agricultural Preserve Repeal Act, 2022 came into force.

Limitations

on remedies

(1) No

cause of action arises as a direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of this Act, the Duffins Rouge Agricultural Preserve Act, 2005 or the Duffins Rouge Agricultural Preserve Repeal Act, 2022 ;

(

b) anything

done or not done in accordance with this Act, the Duffins

Rouge Agricultural Preserve Act, 2005 or the Duffins

Rouge Agricultural Preserve Repeal Act, 2022 ; or

(

c) any

representation or other conduct by current or former employees, officers, or

agents of the Crown in right of Ontario or current or former members of the

Executive Council that is related, directly or indirectly, to,

(

i) the

validity or legal effect of any DRAPA covenant, DRAPA easement or notice

registered under this Act or the Duffins Rouge

Agricultural Preserve Act, 2005 ,

(ii) the

actual or potential enactment of any Act or the actual or potential making of

any regulation or other instrument concerning the validity or legal effect of

any DRAPA covenant, DRAPA easement or notice registered under this Act or the Duffins Rouge Agricultural Preserve Act, 2005 , or

(iii) the

actual or potential acquisition, disposal, use or development of any land

referred to in

Schedule 1.

remedy

(2) No

costs, compensation or damag es,

including for loss of revenues or loss of profit, ar e owing or payable

to any person and no remedy, including but not limited to a remedy in contract,

restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any

equitable remedy or any remedy under any statute, is available to any person in

connection with anything referred to in subsection (1).

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person.

Application

(4) Subsection

(3) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, an injunction,

declaratory relief or enforcement of a judgment, order or award made outside

Ontario.

Retrospective

effect

(5) Subsections

(1), (2) and (3) apply regardless of whether a cause of action on which a

proceeding is purportedly based arose before, on or after the day

Schedule 1 of

the Greenbelt Statute Law Amendment Act, 2023 comes

into force.

costs award

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (3).

expropriation or injurious affection

(7) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings

by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown in

right of Ontario.

Person

defined

(9) In

this section,

“person”

includes the Crown in right of Ontario and its current and former employees,

officers and agents, current and former members of the Executive Council and conservation

bodies as defined in subsection 3 (1) of the Conservation

Land Act and their current and former employees, officers and agents.

Repeal

Duffins

Rouge Agricultural Preserve Repeal Act, 2022

The Duffins Rouge Agricultural Preserve Repeal Act, 2022

is repealed.

Commencement and Short

Title

Commencement

The Act set out in this

Schedule comes into force on the day the Greenbelt Statute Law Amendment Act, 2023 receives Royal

Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Duffins Rouge Agricultural Preserve Act, 2023 .

SCHEDULE 1

Those

lands in the City of Pickering, in The Regional Municipality of Durham, in the

Province of Ontario, that are outlined in red on map number 210 identified by

the Registrar of Regulations Office on April 22, 2003 and filed at the Toronto

office of the Ministry of Municipal Affairs and Housing located at 777 Bay

Street.

SCHEDULE

GREENBELT ACT, 2005

Subsection 1 (1) of the Greenbelt Act, 2005 is

amended by adding the following definition:

“Greenbelt

Plan Amendment No. 3” means the amendment to the Greenbelt Plan approved by

Order in Council number 1745/2022, made on December 14, 2022 by the Lieutenant

Governor in Council under this Act; (“modification no 3 du Plan de la ceinture

de verdure”)

Section 2 of the Act is repealed and the following substituted:

Designation

of area

(1) The

following areas of land are designated as the Greenbelt Area:

1. The

Oak Ridges Moraine Area designated under

section 2 of the Oak

Ridges Moraine Conservation Act, 2001 , but not the area of land

designated as

Part 1 on a plan entitled “Plan of the Boundary of the 2017 Oak

Ridges Moraine Area Removal” dated May 4, 2017 and filed on that date with the

Office of the Surveyor General of Ontario.

2. The

Niagara Escarpment Plan Area shown on Niagara Escarpment Plan Maps 1 to 9,

which are all dated April 12, 2017 and filed on that date in the offices of the

Niagara Escarpment Commission.

3. The

area of land designated as Parts 1 to 36, both inclusive, on a plan entitled

“Plan of the Boundary of the Protected Countryside” dated February 23, 2005 and

filed on that date with the Office of the Surveyor General of Ontario, the area

of land designated as Parts 1 to 5, both inclusive, on a plan entitled “Plan of

the Boundary of the 2017 Protected Countryside Additions” dated May 4, 2017 and

filed on that date with the Office of the Surveyor General of Ontario and the

area of land designated as

Part 1 on a plan entitled “Plan of the Boundary of

the 2022 Protected Countryside Additions” dated December 12, 2022 and filed on

that date with the Office of the Surveyor General of Ontario, but not the area

of land designated as Parts 1 to 34, both inclusive, on a plan entitled “Plan

of the Boundary of the 2017 Protected Countryside Removals” dated May 4, 2017

and filed on that date with the Office of the Surveyor General of Ontario.

4. The

area of land designated as

Part 1 on a plan entitled “Plan of the Boundary of

the Glenorchy Addition”, dated January 4, 2013 and filed on that date with the

Office of the Surveyor General of Ontario.

5. The

area of land designated as Parts 1 to 34, both inclusive, on a plan entitled

“Plan of the Boundary of the 2017 Urban River Valley Area Additions” dated May

4, 2017 and filed on that date with the Office of the Surveyor General of

Ontario, including the area of land designated as

Part 4 on that plan even

though that area of land is a portion of the area of land designated as

Part 1

on the plan referred to in paragraph 3 entitled “Plan of the Boundary of the

2017 Protected Countryside Removals”.

6. The

area of land designated as Parts 1 to 12, both inclusive, on a plan entitled

“Plan of the Boundary of the 2022 Urban River Valley Area Additions” dated

December 12, 2022 and filed on that date with the Office of the Surveyor

General of Ontario.

Public

inspection of plans

(2) Copies

of the following plans are available for public inspection at the offices of

the Ministry of Municipal Affairs and Housing and on a website of the

Government of Ontario:

1. The

plan referred to in paragraph 1 of subsection (1) entitled “Plan of the

Boundary of the 2017 Oak Ridges Moraine Area Removal”.

2. All

of the plans referred to in paragraphs 3 to 6 of subsection (1).

Same

(3) The

Niagara Escarpment Plan Maps 1 to 9, referred to in paragraph 2 of subsection

(1), are available for public inspection at the offices of the Niagara

Escarpment Commission.

The Act is amended by adding the following section:

Statutory

amendment to Plan

14.1 The Greenbelt Plan is

deemed to provide that,

(

a) the

lands designated as Parts 1 to 20, both inclusive, on a plan entitled “Plan of

the Boundary of the 2022 Protected Countryside Removals” dated December 12,

2022 and filed on that date with the Office of the Surveyor General of Ontario

are designated as Protected Countryside;

(

b) the

lands referred to in clause (

a) that were, on December 13, 2022, part of the

Natural Heritage System of the Greenbelt Plan are identified as part of the

Natural Heritage System of the Greenbelt Plan;

(

c) the

lands designated as Parts 19 and 20 on a plan entitled “Plan of the Boundary of

the 2022 Protected Countryside Removals” dated December 12, 2022 and filed on

that date with the Office of the Surveyor General of Ontario are identified as

Niagara Peninsula Tender Fruit and Grape Area; and

(

d) the

lands in the Protected Countryside that were identified as Towns/Villages by

the Greenbelt Plan after Greenbelt Plan Amendment No. 3 came into effect but

had been identified as Niagara Peninsula Tender Fruit and Grape Area before

that amendment came into effect are identified as Niagara Peninsula Tender

Fruit and Grape Area.

Section 19 of the Act is repealed and the following substituted:

Limitations

on remedies

(1) No

cause of action arises as a direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of this Act, including, for

greater certainty, the amendments made to this Act by the Greenbelt

Statute Law Amendment Act, 2023 ;

(

b) the making, amendment or revocation of

any provision of the regulations made under this Act, including, for greater

certainty, the making of, amendments to and revocation of

Ontario Regulation 59/05 (Designation of Greenbelt Area) made under this Act,

including,

(

i) the

inclusion in paragraph 3 of subsection 1 (1) of that Regulation, on December

16, 2004, of the area of land designated as

Part 32 on a plan entitled “Plan of

the Boundary of the Protected Countryside” dated February 23, 2005 and filed on

that date with the Office of the Surveyor General of Ontario, and

(ii) the

amendments made to that Regulation by Ontario Regulation 567/22 made under this

Act;

(

c) the

establishment of the Greenbelt Plan or the approval of any amendments to the

Greenbelt Plan under subsection 14 (1), including, for greater certainty, the

approval of Greenbelt Plan Amendment No. 3;

(

d) the

establishment of a plan or the approval of an amendment to a plan under the Ontario Planning and Development Act, 1994 in relation to

lands to which the Greenbelt Plan applies;

(

e) anything

done or not done in accordance with this Act, the regulations made under it,

the Greenbelt Plan or a plan referred to in clause (d), including, for greater

certainty, any review or reconsideration of the Greenbelt Area and the

Greenbelt Plan, or any purported failure to review or reconsider the Greenbelt

Area and the Greenbelt Plan, including in relation to the land that is

identified as “Featureless Lands” in the Statement of Claim filed in the

Superior Court of Justice proceeding commenced at Newmarket and identified as

Court File number CV-17-131956-00; or

(

f) any

representation or other conduct by current or former employees, officers or

agents of the Crown in right of Ontario or current or former members of the

Executive Council that is related, directly or indirectly, to,

(

i) the

actual or potential enactment of any Act or actual or potential making of any

regulation made under this Act or other instrument concerning,

(

A) the

removal of land from the Greenbelt Area, including under Ontario Regulation

567/22 made under this Act, or

(

B) the

identification of any land, including by Greenbelt Plan Amendment No. 3,

(ii) the

actual or potential acquisition, disposal, use or development of any land

removed from the Greenbelt Area pursuant to Ontario Regulation 567/22 made

under this Act or redesignated by Greenbelt Plan Amendment No. 3,

(iii) the

actual or potential granting or issuance of any approval, permit, order or

other instrument in respect of any land removed from the Greenbelt Area under

Ontario Regulation 567/22 made under this Act or redesignated by Greenbelt Plan

Amendment No. 3,

(iv) any

actual or potential agreement under

section 49.2 of the Planning

Act in respect of any land referred to in clause 14.1 (

a) of this Act,

including any negotiations respecting any such actual or potential agreement,

(

v) the

addition of land that is identified as “Featureless Lands” in the Statement of

Claim filed in the Superior Court of Justice proceeding commenced at Newmarket

and identified as Court File number CV-17-131956-00 to the Greenbelt Area under

Ontario Regulation 59/05 made under this Act and the designation of that land

as Protected Countryside by the Greenbelt Plan, any review or reconsideration

of that addition and designation or any purported failure to review or

reconsider that addition and designation, or

(vi) the

settlement of the Superior Court of Justice proceeding commenced at Newmarket

and identified as Court File number CV-17-131956-00, including the disclosure

of any information relating to that settlement, regardless of whether such

information is privileged or confidential, or any purported breach of that

settlement.

remedy

(2) No

costs, compensation or damages, including for loss of revenues or loss of

profit, are owing or payable to any person and no remedy, including but not

limited to a remedy in contract, restitution, tort, misfeasance, bad faith,

trust or fiduciary obligation, any equitable remedy or any remedy under any

statute, is available to any person in connection with anything referred to in

subsection (1).

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person.

Application

(4) Subsection

(3) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, injunction,

declaratory relief or the enforcement of a judgment, order or award made

outside Ontario.

Retrospective

effect

(5) Subsections

(1), (2) and (3) apply regardless of whether a cause of action on which a

proceeding is purportedly based arose before, on or after the day

section 4 of

Schedule 2 to the Greenbelt Statute Law Amendment Act,

2023 comes into force.

costs award

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (3).

expropriation or injurious affection

(7) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings

by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown in

right of Ontario.

Person

defined

(9) In

this section,

“person”

includes the Crown in right of Ontario and its current and former employees,

officers and agents, current and former members of the Executive Council and

municipalities and their current and former employees, officers and agents.

Termination

of settlement agreement

19.1 The agreement dated

November 3, 2022 between Minotar Holdings Inc. and His Majesty the King in

Right of Ontario as represented by the Minister of Municipal Affairs and

Housing respecting the settlement of the Superior Court of Justice proceeding

commenced at Newmarket and identified as Court File number CV-17-131956-00 is

terminated on the day the Greenbelt Statute Law Amendment

Act, 2023 receives Royal Assent.

Revocation

Ontario Regulation 59/05 (Designation of Greenbelt Area) made under the Act is

revoked.

Commencement

This

Schedule comes into force on the day the Greenbelt

Statute Law Amendment Act, 2023 receives Royal Assent.

SCHEDULE

MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT

Subsection 7 (1) of the Ministry of Municipal Affairs and

Housing Act is amended by striking out “the Deputy Minister or any

employee” and substituting “the Deputy Minister, the Facilitator or any Deputy

Facilitators appointed under subsection 12 (2) or any employee”.

Commencement

This

Schedule comes into force on the day the Greenbelt

Statute Law Amendment Act, 2023 receives Royal Assent.

SCHEDULE

OAK RIDGES MORAINE CONSERVATION ACT, 2001

Section 2 of the Oak Ridges Moraine Conservation Act, 2001

is repealed and the following substituted:

Designation

of Oak Ridges Moraine Area

(1) The

following area of land is designated as the Oak Ridges Moraine Area:

1. The

land designated as

Part 1 on a plan entitled “Plan of the Boundary of the Oak

Ridges Moraine Area” and filed on October 22, 2001 with the Office of the

Surveyor General of Ontario.

Public

inspection

(2) Copies

of the plan referred to in subsection (1) are available for public inspection

at the offices of the Ministry of Municipal Affairs and Housing and the offices

of the Ministry of Natural Resources and Forestry.

Section 20 of the Act is repealed and the following substituted:

Limitations

on remedies

(1) No

cause of action arises as a direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of this Act, including, for

greater certainty, the amendments made to this Act by the Greenbelt

Statute Law Amendment Act, 2023 ;

(

b) the

making, amendment or revocation of any provision of the regulations;

(

c) anything

done or not done in accordance with this Act or the regulations; or

(

d) any

representation or other conduct by current or former employees, officers or

agents of the Crown in right of Ontario or current or former members of the

Executive Council that is related, directly or indirectly, to,

(

i) the

actual or potential enactment of any Act or actual or potential making of any

regulation or other instrument concerning a change in designation of lands in

the Plan, including under Ontario Regulation 568/22 made under this Act or

section

26 of this Act,

(ii) the

actual or potential acquisition, disposal, use or development of any land whose

designation was changed under Ontario Regulation 568/22 made under this Act or

section 26 of this Act, or

(iii) any

actual or potential agreement under

section 49.2 of the Planning

Act in respect of any land whose designation was changed under Ontario

Regulation 568/22 made under this Act or

section 26 of this Act, including any

negotiations respecting any such actual or potential agreement.

No remedy

(2) No

costs, compensation or damag es,

including for loss of revenues or loss of profit, ar e owing or payable

to any person and no remedy, including but not limited to a remedy in contract,

restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any

equitable remedy or any remedy under any statute, is available to any person in

connection with anything referred to in subsection (1).

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person.

Application

(4) Subsection

(3) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, injunction,

declaratory relief or the enforcement of a judgment, order or award made

outside Ontario.

Retrospective

effect

(5) Subsections

(1), (2) and (3) apply regardless of whether a cause of action on which a

proceeding is purportedly based arose before, on or after the day

section 2 of

Schedule 4 to the Greenbelt Statute Law Amendment Act,

2023 comes into force.

costs award

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (3).

expropriation or injurious affection

(7) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown in

right of Ontario.

Person

defined

(9) In

this section,

“person”

includes the Crown in right of Ontario and its current and former employees,

officers and agents, current and former members of the Executive Council and

municipalities and their current and former employees, officers and agents.

Clause 22 (1) (

a) of the Act is repealed.

The Act is amended by adding the following section:

Statutory

reversal of amendments to Plan

Ontario

Regulation 140/02 (Oak Ridges Moraine Conservation Plan) made under this Act is

deemed to apply as though the amendments made by Ontario Regulation 568/22 had

not been made.

Revocation

Ontario Regulation 1/02 (Designation of Oak Ridges Moraine Area) made under the

Act is revoked.

Commencement

This

Schedule comes into force on the day the Greenbelt

Statute Law Amendment Act, 2023 receives Royal Assent.

Bill 136 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

DUFFINS ROUGE AGRICULTURAL PRESERVE ACT, 2023

The

Schedule enacts the Duffins Rouge Agricultural Preserve

Act, 2023 and repeals the Duffins Rouge Agricultural

Preserve Repeal Act, 2022 .

Section

2 of the Duffins Rouge Agricultural Preserve Act, 2023

defines DRAPA covenants and DRAPA easements as any covenant that an owner of

land entered into or purportedly entered into with, or any easement that an owner

of land granted or purportedly granted to, a conservation body under the Conservation Land Act on or before February 28, 2005 with

respect to land in the area described in

Schedule 1.

The

Minister under the Conservation Land Act may

register a notice of

section 2 against the affected land in the proper land

registry office. Despite the Land Titles Act , DRAPA

covenants and DRAPA easements are binding on a person who has an interest in

land described in

Schedule 1 of the Act regardless of when the person acquired

the interest and whether a notice of

section 2 was registered against the

affected land at the time the person acquired the interest.

Section

3 sets out various limitations on remedies. Among other things, this

section provides

that no cause of action arises as a result of the amendment or repeal of any

provision of the Act, the Duffins Rouge Agricultural

Preserve Act, 2005 or the Duffins Rouge

Agricultural Preserve Repeal Act, 2022 , or as a result of anything done

or not done in accordance with these Acts or any representation or other

conduct by current or former employees, officers or agents of the Crown in

right of Ontario or current or former members of the Executive Council that is

related to specified actions.

SCHEDULE 2

GREENBELT ACT, 2005

The

Schedule amends the Greenbelt Act, 2005 . Here are

some highlights:

1. Currently,

section 2 of the Act provides for the regulations to designate an area of land

as the Greenbelt Area. The Greenbelt Area is currently set out in Ontario Regulation

59/05 (Designation of Greenbelt Area).

Section 2 of the Act is re-enacted to

set out the designated Greenbelt Area, which reflects the Area designated by

Ontario Regulation 59/05 but also includes the area of land that was removed

from that Regulation on December 14, 2022.

2. New

section 14.1 of the Act provides that the Greenbelt Plan is deemed to provide

that specified lands are designated or otherwise identified in the same manner

as they were so designated or otherwise identified by the Plan on December 13,

Section

19 of the Act, which currently sets out various limitations on remedies, is

re-enacted. Among other things, new

section 19 provides that no cause of action

arises as a result of amendments to the Act or to regulations made under the

Act or any representation or other conduct by current or former employees,

officers or agents of the Crown in right of Ontario or current or former

members of the Executive Council that is related to specified actions.

4. New

section 19.1 of the Act provides for the termination of an agreement between a

specified company and His Majesty the King in Right of Ontario respecting the

settlement of a court proceeding.

5. Ontario

Regulation 59/05 (Designation of Greenbelt Area) is revoked.

SCHEDULE 3

MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT

Currently,

subsection 7 (1) of the Ministry of Municipal Affairs and

Housing Act provides for protection from personal liability for acts

done in good faith by the Deputy Minister, any employee of the Ministry or

anyone acting under the Deputy Minister’s authority. The subsection is amended to

also apply to acts done in good faith by Facilitators and Deputy Facilitators

appointed under subsection 12 (2) of the Act.

SCHEDULE 4

OAK RIDGES MORAINE CONSERVATION ACT, 2001

The

Schedule amends the Oak Ridges Moraine Conservation Act,

2001 . Here are some highlights:

1. Currently,

section 2 of the Act provides for the regulations to designate an area of land

as the Oak Ridges Moraine Area. The Oak Ridges Moraine Area is currently set

out in Ontario Regulation 1/02 (Designation of Oak Ridges Moraine Area).

Section 2 of the Act is re-enacted to set out the designated Oak Ridges Moraine

Area, which reflects the Area designated by Ontario Regulation 1/02. A complementary

amendment is made to

section 22 of the Act.

Section

20 of the Act, which currently sets out various limitations on remedies, is

re-enacted. Among other things, new

section 20 provides that no cause of action

arises as a result of amendments to the Act or to the regulations made under

the Act or any representation or other conduct by current or former employees,

officers or agents of the Crown in right of Ontario or current or former

members of the Executive Council that is related to specified actions.

3. New

section 26 of the Act provides that Ontario Regulation 140/02 (Oak Ridges

Moraine Conservation Plan) is deemed to apply as though the amendments made by

Ontario Regulation 568/22 had not been made.

4. Ontario

Regulation 1/02 (Designation of Oak Ridges Moraine Area) is revoked.

Bill 136 2023

Act to amend the Greenbelt Act, 2005 and certain other Acts, to enact the

Duffins Rouge Agricultural Preserve Act, 2023, to repeal

an Act and to revoke

various regulations

CONTENTS

Contents

of this Act

Commencement

Short

title

Schedule 1

Duffins

Rouge Agricultural Preserve Act, 2023

Schedule 2

Greenbelt

Act, 2005

Schedule 3

Ministry

of Municipal Affairs and Housing Act

Schedule 4

Oak

Ridges Moraine Conservation Act, 2001

His

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

Province of Ontario, enacts as follows:

Contents

of this Act

1 This Act consists of this section, sections 2

and 3 and the Schedules to this Act.

Commencement

(1) Except as otherwise provided

in this section, this Act comes into force on the day it receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any of its provisions are to come into

force on a day to be named by proclamation of the Lieutenant Governor, a

proclamation may apply to one or more of those provisions, and proclamations

may be issued at different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Greenbelt Statute Law Amendment Act, 2023 .

SCHEDULE 1

DUFFINS ROUGE AGRICULTURAL PRESERVE ACT, 2023

Interpretation

Definition

this Act,

“DRAPA

covenant” means any covenant that an owner of land entered into or purportedly

entered into with a conservation body under the Conservation

Land Act on or before February 28, 2005 with respect to land in the area

described in

Schedule 1; (“ engagement visé par la Loi

sur la Réserve agricole de Duffins-Rouge ”)

“DRAPA

easement” means any easement that an owner of land granted or purportedly

granted to a conservation body under the Conservation Land

Act on or before February 28, 2005 with respect to land in the area

described in

Schedule 1. (“ servitude visée par la Loi

sur la Réserve agricole de Duffins-Rouge ”)

Duffins Rouge

Agricultural Preserve

DRAPA

covenants, easements valid

(1) Every

DRAPA covenant and DRAPA easement is deemed to be valid and deemed to have

always been valid since first granted or entered into despite the Duffins Rouge Agricultural Preserve Repeal Act, 2022 and

any action, agreement, instrument registered against the affected land or court

order to the contrary taken, entered into or issued before, on or after the day

Schedule 1 of the Greenbelt

Statute Law Amendment Act, 2023 comes into force.

Registration

of notice

(2) The

Minister under the Conservation Land Act may

register a notice of this

section against the affected land in the proper land

registry office.

Land

Titles Act

(3) Despite

the Land Titles Act , the covenants and easements

that are deemed to be valid under subsection (1) are binding on a person who

has an interest in land described in

Schedule 1 regardless of,

(

a) whether

the person acquired the interest before, on or after the day subsection

(1) came into force; and

(

b) whether

a notice of this

section was registered against the affected land at the time

the person acquired the interest.

Notice

deemed valid

(4) A

notice under

section 2 of the Duffins Rouge Agricultural

Preserve Act, 2005 registered in the proper land registry office against

any land described in

Schedule 1 is deemed to have been valid from the day it

was first registered until the day the Duffins Rouge

Agricultural Preserve Repeal Act, 2022 came into force.

Limitations

on remedies

(1) No

cause of action arises as a direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of this Act, the Duffins Rouge Agricultural Preserve Act, 2005 or the Duffins Rouge Agricultural Preserve Repeal Act, 2022 ;

(

b) anything

done or not done in accordance with this Act, the Duffins

Rouge Agricultural Preserve Act, 2005 or the Duffins

Rouge Agricultural Preserve Repeal Act, 2022 ; or

(

c) any

representation or other conduct by current or former employees, officers, or

agents of the Crown in right of Ontario or current or former members of the

Executive Council that is related, directly or indirectly, to,

(

i) the

validity or legal effect of any DRAPA covenant, DRAPA easement or notice

registered under this Act or the Duffins Rouge

Agricultural Preserve Act, 2005 ,

(ii) the

actual or potential enactment of any Act or the actual or potential making of

any regulation or other instrument concerning the validity or legal effect of

any DRAPA covenant, DRAPA easement or notice registered under this Act or the Duffins Rouge Agricultural Preserve Act, 2005 , or

(iii) the

actual or potential acquisition, disposal, use or development of any land

referred to in

Schedule 1.

remedy

(2) No

costs, compensation or damag es,

including for loss of revenues or loss of profit, ar e owing or payable

to any person and no remedy, including but not limited to a remedy in contract,

restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any

equitable remedy or any remedy under any statute, is available to any person in

connection with anything referred to in subsection (1).

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person.

Application

(4) Subsection

(3) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, an injunction,

declaratory relief or enforcement of a judgment, order or award made outside

Ontario.

Retrospective

effect

(5) Subsections

(1), (2) and (3) apply regardless of whether a cause of action on which a

proceeding is purportedly based arose before, on or after the day

Schedule 1 of

the Greenbelt Statute Law Amendment Act, 2023 comes

into force.

costs award

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (3).

expropriation or injurious affection

(7) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings

by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown in

right of Ontario.

Person

defined

(9) In

this section,

“person”

includes the Crown in right of Ontario and its current and former employees,

officers and agents, current and former members of the Executive Council and conservation

bodies as defined in subsection 3 (1) of the Conservation

Land Act and their current and former employees, officers and agents.

Repeal

Duffins

Rouge Agricultural Preserve Repeal Act, 2022

The Duffins Rouge Agricultural Preserve Repeal Act, 2022

is repealed.

Commencement and Short

Title

Commencement

The Act set out in this

Schedule comes into force on the day the Greenbelt Statute Law Amendment Act, 2023 receives Royal

Assent.

Short

title

The

short title of the Act set out in this

Schedule is the Duffins Rouge Agricultural Preserve Act, 2023 .

SCHEDULE 1

Those

lands in the City of Pickering, in The Regional Municipality of Durham, in the

Province of Ontario, that are outlined in red on map number 210 identified by

the Registrar of Regulations Office on April 22, 2003 and filed at the Toronto

office of the Ministry of Municipal Affairs and Housing located at 777 Bay

Street.

SCHEDULE

GREENBELT ACT, 2005

Subsection 1 (1) of the Greenbelt Act, 2005 is

amended by adding the following definition:

“Greenbelt

Plan Amendment No. 3” means the amendment to the Greenbelt Plan approved by

Order in Council number 1745/2022, made on December 14, 2022 by the Lieutenant

Governor in Council under this Act; (“modification no 3 du Plan de la ceinture

de verdure”)

Section 2 of the Act is repealed and the following substituted:

Designation

of area

(1) The

following areas of land are designated as the Greenbelt Area:

1. The

Oak Ridges Moraine Area designated under

section 2 of the Oak

Ridges Moraine Conservation Act, 2001 , but not the area of land

designated as

Part 1 on a plan entitled “Plan of the Boundary of the 2017 Oak

Ridges Moraine Area Removal” dated May 4, 2017 and filed on that date with the

Office of the Surveyor General of Ontario.

2. The

Niagara Escarpment Plan Area shown on Niagara Escarpment Plan Maps 1 to 9, which

are all dated April 12, 2017 and filed on that date in the offices of the

Niagara Escarpment Commission.

3. The

area of land designated as Parts 1 to 36, both inclusive, on a plan entitled

“Plan of the Boundary of the Protected Countryside” dated February 23, 2005 and

filed on that date with the Office of the Surveyor General of Ontario, the area

of land designated as Parts 1 to 5, both inclusive, on a plan entitled “Plan of

the Boundary of the 2017 Protected Countryside Additions” dated May 4, 2017 and

filed on that date with the Office of the Surveyor General of Ontario and the

area of land designated as

Part 1 on a plan entitled “Plan of the Boundary of

the 2022 Protected Countryside Additions” dated December 12, 2022 and filed on

that date with the Office of the Surveyor General of Ontario, but not the area

of land designated as Parts 1 to 34, both inclusive, on a plan entitled “Plan

of the Boundary of the 2017 Protected Countryside Removals” dated May 4, 2017

and filed on that date with the Office of the Surveyor General of Ontario.

4. The

area of land designated as

Part 1 on a plan entitled “Plan of the Boundary of

the Glenorchy Addition”, dated January 4, 2013 and filed on that date with the

Office of the Surveyor General of Ontario.

5. The

area of land designated as Parts 1 to 34, both inclusive, on a plan entitled

“Plan of the Boundary of the 2017 Urban River Valley Area Additions” dated May

4, 2017 and filed on that date with the Office of the Surveyor General of

Ontario, including the area of land designated as

Part 4 on that plan even

though that area of land is a portion of the area of land designated as

Part 1

on the plan referred to in paragraph 3 entitled “Plan of the Boundary of the

2017 Protected Countryside Removals”.

6. The

area of land designated as Parts 1 to 12, both inclusive, on a plan entitled

“Plan of the Boundary of the 2022 Urban River Valley Area Additions” dated

December 12, 2022 and filed on that date with the Office of the Surveyor

General of Ontario.

Public

inspection of plans

(2) Copies

of the following plans are available for public inspection at the offices of

the Ministry of Municipal Affairs and Housing and on a website of the

Government of Ontario:

1. The

plan referred to in paragraph 1 of subsection (1) entitled “Plan of the

Boundary of the 2017 Oak Ridges Moraine Area Removal”.

2. All

of the plans referred to in paragraphs 3 to 6 of subsection (1).

Same

(3) The

Niagara Escarpment Plan Maps 1 to 9, referred to in paragraph 2 of subsection

(1), are available for public inspection at the offices of the Niagara

Escarpment Commission.

The Act is amended by adding the following section:

Statutory

amendment to Plan

14.1 The Greenbelt Plan is

deemed to provide that,

(

a) the

lands designated as Parts 1 to 20, both inclusive, on a plan entitled “Plan of

the Boundary of the 2022 Protected Countryside Removals” dated December 12,

2022 and filed on that date with the Office of the Surveyor General of Ontario

are designated as Protected Countryside;

(

b) the

lands referred to in clause (

a) that were, on December 13, 2022, part of the

Natural Heritage System of the Greenbelt Plan are identified as part of the

Natural Heritage System of the Greenbelt Plan;

(

c) the

lands designated as Parts 19 and 20 on a plan entitled “Plan of the Boundary of

the 2022 Protected Countryside Removals” dated December 12, 2022 and filed on

that date with the Office of the Surveyor General of Ontario are identified as

Niagara Peninsula Tender Fruit and Grape Area; and

(

d) the

lands in the Protected Countryside that were identified as Towns/Villages by

the Greenbelt Plan after Greenbelt Plan Amendment No. 3 came into effect but

had been identified as Niagara Peninsula Tender Fruit and Grape Area before

that amendment came into effect are identified as Niagara Peninsula Tender

Fruit and Grape Area.

Section 19 of the Act is repealed and the following substituted:

Limitations

on remedies

(1) No

cause of action arises as a direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of this Act, including, for

greater certainty, the amendments made to this Act by the Greenbelt

Statute Law Amendment Act, 2023 ;

(

b) the making, amendment or revocation of

any provision of the regulations made under this Act, including, for greater

certainty, the making of, amendments to and revocation of

Ontario Regulation 59/05 (Designation of Greenbelt Area) made under this Act,

including,

(

i) the

inclusion in paragraph 3 of subsection 1 (1) of that Regulation, on December

16, 2004, of the area of land designated as

Part 32 on a plan entitled “Plan of

the Boundary of the Protected Countryside” dated February 23, 2005 and filed on

that date with the Office of the Surveyor General of Ontario, and

(ii) the

amendments made to that Regulation by Ontario Regulation 567/22 made under this

Act;

(

c) the

establishment of the Greenbelt Plan or the approval of any amendments to the

Greenbelt Plan under subsection 14 (1), including, for greater certainty, the

approval of Greenbelt Plan Amendment No. 3;

(

d) the

establishment of a plan or the approval of an amendment to a plan under the Ontario Planning and Development Act, 1994 in relation to

lands to which the Greenbelt Plan applies;

(

e) anything

done or not done in accordance with this Act, the regulations made under it,

the Greenbelt Plan or a plan referred to in clause (d), including, for greater

certainty, any review or reconsideration of the Greenbelt Area and the

Greenbelt Plan, or any purported failure to review or reconsider the Greenbelt

Area and the Greenbelt Plan, including in relation to the land that is

identified as “Featureless Lands” in the Statement of Claim filed in the

Superior Court of Justice proceeding commenced at Newmarket and identified as

Court File number CV-17-131956-00; or

(

f) any

representation or other conduct by current or former employees, officers or

agents of the Crown in right of Ontario or current or former members of the

Executive Council that is related, directly or indirectly, to,

(

i) the

actual or potential enactment of any Act or actual or potential making of any

regulation made under this Act or other instrument concerning,

(

A) the

removal of land from the Greenbelt Area, including under Ontario Regulation

567/22 made under this Act, or

(

B) the

identification of any land, including by Greenbelt Plan Amendment No. 3,

(ii) the

actual or potential acquisition, disposal, use or development of any land removed

from the Greenbelt Area pursuant to Ontario Regulation 567/22 made under this

Act or redesignated by Greenbelt Plan Amendment No. 3,

(iii) the

actual or potential granting or issuance of any approval, permit, order or

other instrument in respect of any land removed from the Greenbelt Area under

Ontario Regulation 567/22 made under this Act or redesignated by Greenbelt Plan

Amendment No. 3,

(iv) any

actual or potential agreement under

section 49.2 of the Planning

Act in respect of any land referred to in clause 14.1 (

a) of this Act,

including any negotiations respecting any such actual or potential agreement,

(

v) the

addition of land that is identified as “Featureless Lands” in the Statement of

Claim filed in the Superior Court of Justice proceeding commenced at Newmarket

and identified as Court File number CV-17-131956-00 to the Greenbelt Area under

Ontario Regulation 59/05 made under this Act and the designation of that land

as Protected Countryside by the Greenbelt Plan, any review or reconsideration

of that addition and designation or any purported failure to review or

reconsider that addition and designation, or

(vi) the

settlement of the Superior Court of Justice proceeding commenced at Newmarket

and identified as Court File number CV-17-131956-00, including the disclosure

of any information relating to that settlement, regardless of whether such

information is privileged or confidential, or any purported breach of that

settlement.

remedy

(2) No

costs, compensation or damages, including for loss of revenues or loss of

profit, are owing or payable to any person and no remedy, including but not

limited to a remedy in contract, restitution, tort, misfeasance, bad faith,

trust or fiduciary obligation, any equitable remedy or any remedy under any

statute, is available to any person in connection with anything referred to in

subsection (1).

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person.

Application

(4) Subsection

(3) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, injunction,

declaratory relief or the enforcement of a judgment, order or award made

outside Ontario.

Retrospective

effect

(5) Subsections

(1), (2) and (3) apply regardless of whether a cause of action on which a

proceeding is purportedly based arose before, on or after the day

section 4 of

Schedule 2 to the Greenbelt Statute Law Amendment Act,

2023 comes into force.

costs award

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (3).

expropriation or injurious affection

(7) Nothing

referred to in subsection (1) constitutes an expropriation or injurious affection

for the purposes of the Expropriations Act or

otherwise at law.

Proceedings

by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown in

right of Ontario.

Person

defined

(9) In

this section,

“person”

includes the Crown in right of Ontario and its current and former employees,

officers and agents, current and former members of the Executive Council and

municipalities and their current and former employees, officers and agents.

Termination

of settlement agreement

19.1 The agreement dated

November 3, 2022 between Minotar Holdings Inc. and His Majesty the King in

Right of Ontario as represented by the Minister of Municipal Affairs and

Housing respecting the settlement of the Superior Court of Justice proceeding

commenced at Newmarket and identified as Court File number CV-17-131956-00 is

terminated on the day the Greenbelt Statute Law Amendment

Act, 2023 receives Royal Assent.

Revocation

Ontario Regulation 59/05 (Designation of Greenbelt Area) made under the Act is

revoked.

Commencement

This

Schedule comes into force on the day the Greenbelt

Statute Law Amendment Act, 2023 receives Royal Assent.

SCHEDULE

MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT

Subsection 7 (1) of the Ministry of Municipal Affairs and

Housing Act is amended by striking out “the Deputy Minister or any

employee” and substituting “the Deputy Minister, the Facilitator or any Deputy

Facilitators appointed under subsection 12 (2) or any employee”.

Commencement

This

Schedule comes into force on the day the Greenbelt

Statute Law Amendment Act, 2023 receives Royal Assent.

SCHEDULE

OAK RIDGES MORAINE CONSERVATION ACT, 2001

Section 2 of the Oak Ridges Moraine Conservation Act, 2001

is repealed and the following substituted:

Designation

of Oak Ridges Moraine Area

(1) The

following area of land is designated as the Oak Ridges Moraine Area:

1. The

land designated as

Part 1 on a plan entitled “Plan of the Boundary of the Oak

Ridges Moraine Area” and filed on October 22, 2001 with the Office of the

Surveyor General of Ontario.

Public

inspection

(2) Copies

of the plan referred to in subsection (1) are available for public inspection

at the offices of the Ministry of Municipal Affairs and Housing and the offices

of the Ministry of Natural Resources and Forestry.

Section 20 of the Act is repealed and the following substituted:

Limitations

on remedies

(1) No

cause of action arises as a direct or indirect result of,

(

a) the

enactment, amendment or repeal of any provision of this Act, including, for

greater certainty, the amendments made to this Act by the Greenbelt

Statute Law Amendment Act, 2023 ;

(

b) the

making, amendment or revocation of any provision of the regulations;

(

c) anything

done or not done in accordance with this Act or the regulations; or

(

d) any

representation or other conduct by current or former employees, officers or

agents of the Crown in right of Ontario or current or former members of the Executive

Council that is related, directly or indirectly, to,

(

i) the

actual or potential enactment of any Act or actual or potential making of any

regulation or other instrument concerning a change in designation of lands in

the Plan, including under Ontario Regulation 568/22 made under this Act or

section

26 of this Act,

(ii) the

actual or potential acquisition, disposal, use or development of any land whose

designation was changed under Ontario Regulation 568/22 made under this Act or

section 26 of this Act, or

(iii) any

actual or potential agreement under

section 49.2 of the Planning

Act in respect of any land whose designation was changed under Ontario

Regulation 568/22 made under this Act or

section 26 of this Act, including any

negotiations respecting any such actual or potential agreement.

No remedy

(2) No

costs, compensation or damag es,

including for loss of revenues or loss of profit, ar e owing or payable

to any person and no remedy, including but not limited to a remedy in contract,

restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, any

equitable remedy or any remedy under any statute, is available to any person in

connection with anything referred to in subsection (1).

Proceedings

barred

(3) No

proceeding that is directly or indirectly based on or related to anything

referred to in subsection (1) may be brought or maintained against any person.

Application

(4) Subsection

(3) does not apply with respect to an application for judicial review, but does

apply with respect to any other court, administrative or arbitral proceeding

claiming any remedy or relief, including specific performance, injunction,

declaratory relief or the enforcement of a judgment, order or award made

outside Ontario.

Retrospective

effect

(5) Subsections

(1), (2) and (3) apply regardless of whether a cause of action on which a

proceeding is purportedly based arose before, on or after the day

section 2 of

Schedule 4 to the Greenbelt Statute Law Amendment Act,

2023 comes into force.

costs award

(6) No

costs shall be awarded against any person in respect of a proceeding that

cannot be brought or maintained under subsection (3).

expropriation or injurious affection

(7) Nothing

referred to in subsection (1) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Proceedings by Crown not prevented

(8) This

section does not apply with respect to proceedings brought by the Crown in

right of Ontario.

Person

defined

(9) In

this section,

“person”

includes the Crown in right of Ontario and its current and former employees,

officers and agents, current and former members of the Executive Council and

municipalities and their current and former employees, officers and agents.

Clause 22 (1) (

a) of the Act is repealed.

The Act is amended by adding the following section:

Statutory

reversal of amendments to Plan

Ontario

Regulation 140/02 (Oak Ridges Moraine Conservation Plan) made under this Act is

deemed to apply as though the amendments made by Ontario Regulation 568/22 had

not been made.

Revocation

Ontario Regulation 1/02 (Designation of Oak Ridges Moraine Area) made under the

Act is revoked.

Commencement

This

Schedule comes into force on the day the Greenbelt

Statute Law Amendment Act, 2023 receives Royal Assent.

Date Bill stage Event Outcome Committee

December 6, 2023

Royal Assent

Royal Assent received

December 5, 2023

Third Reading

Vote

Carried

December 5, 2023

Third Reading

Question put

December 5, 2023

Third Reading

Debated

December 5, 2023

Second Reading

Time allocated

December 4, 2023

Second Reading

Ordered for Third Reading

December 4, 2023

Second Reading

Report adopted

December 4, 2023

Second Reading

Reported as amended

Standing Committee on Heritage, Infrastructure and Cultural Policy

December 1, 2023

Second Reading

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 30, 2023

Second Reading

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 2, 2023

Second Reading

Ordered referred to Standing Committee

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 2, 2023

Second Reading

Vote

Carried

November 2, 2023

Second Reading

Question put

November 2, 2023

Second Reading

Debated

November 1, 2023

Second Reading

Debated

Debate adjourned

October 31, 2023

Second Reading

Debated

Debate adjourned

October 30, 2023

Second Reading

Debated

Debate adjourned

October 16, 2023

First Reading

Ordered for Second Reading

October 16, 2023

First Reading

Vote

Carried

First Reading

October 16, 2023

Carried

Ordered for Second Reading

Second Reading

October 30, 2023

Principal Debaters

Calandra, Hon. Paul

Markham—Stouffville

Flack, Hon. Rob

Elgin—Middlesex—London

Rae, Matthew

Perth—Wellington

Questions and Responses

Coe, Lorne

Whitby

Dowie, Andrew

Windsor—Tecumseh

Leardi, Anthony

Essex

Tabuns, Peter

Toronto—Danforth

Taylor, Monique

Hamilton Mountain

Vaugeois, Lise

Thunder Bay—Superior North

October 31, 2023

Principal Debaters

Bouma, Will

Brantford—Brant

Bourgouin, Guy

Mushkegowuk—James Bay

Schreiner, Mike

Guelph

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Skelly, Donna

Flamborough—Glanbrook

Vanthof, John

Timiskaming—Cochrane

Questions and Responses

Armstrong, Teresa

London—Fanshawe

Dowie, Andrew

Windsor—Tecumseh

Downey, Hon. Doug

Barrie—Springwater—Oro-Medonte

Jordan, John

Lanark—Frontenac—Kingston

Pang, Billy

Markham—Unionville

Rakocevic, Tom

Humber River—Black Creek

Smith, Laura

Thornhill

Vaugeois, Lise

Thunder Bay—Superior North

West, Jamie

Sudbury

November 1, 2023

Principal Debaters

Bourgouin, Guy

Mushkegowuk—James Bay

Fraser, John

Ottawa South

Pierre, Natalie

Burlington

Questions and Responses

Begum, Doly

Scarborough Southwest

Bouma, Will

Brantford—Brant

Gallagher Murphy, Dawn

Newmarket—Aurora

Kanapathi, Logan

Markham—Thornhill

Leardi, Anthony

Essex

Shaw, Sandy

Hamilton West—Ancaster—Dundas

West, Jamie

Sudbury

Yakabuski, John

Renfrew—Nipissing—Pembroke

November 2, 2023

Byers, Rick

Bruce—Grey—Owen Sound

Gates, Wayne

Niagara Falls

McMahon, Mary-Margaret

Beaches—East York

Shamji, Adil

Don Valley East

West, Jamie

Sudbury

Question put

Carried

Ordered referred to Standing Committee

Standing Committee on Heritage, Infrastructure and Cultural Policy

November 30, 2023

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

December 1, 2023

Consideration of a Bill

Standing Committee on Heritage, Infrastructure and Cultural Policy

December 4, 2023

Reported as amended

Standing Committee on Heritage, Infrastructure and Cultural Policy

Report adopted

Ordered for Third Reading

December 5, 2023

Time allocated

Third Reading

December 5, 2023

Principal Debaters

Flack, Hon. Rob

Elgin—Middlesex—London

Rae, Matthew

Perth—Wellington

Shaw, Sandy

Hamilton West—Ancaster—Dundas

Question put

Carried

Royal Assent

December 6, 2023

Royal Assent received