Trafalgar Moraine Protection Act, 2002 Colle, Mike — Bill 59 (37th Parliament, 3rd Session)

Bill 59, 37-3

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Bill 59, Trafalgar Moraine Protection Act, 2002

Colle, Mike

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[37] Bill 59 Original (PDF)

Bill 59 2002

An Act to protect the

Trafalgar Moraine

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

Assembly of the Province of Ontario, enacts as follows:

Act applies to Trafalgar Moraine

1. This Act applies to land known as the

Trafalgar Moraine as shown on Ontario Geological Survey Map P. 2715 published

in Chapman and Putnam, Physiography of Southern Ontario (1984) and

includes land that may be more particularly described by regulation made

under this Act.

Restriction on powers of municipalities

(1) No council of a municipality

shall, with respect to land to which this Act applies,

(

a) enact a by-law under

section 34, 36, 37, 38 or 39 of the Planning

Act ;

(

b) adopt or approve an official plan or official plan amendment under

section 17 or 21 of the Planning Act ; or

(

c) approve a draft plan or approve a final plan of subdivision under

section 51 of the Planning Act .

Effect of contravention

(2) Any by-law, adoption or approval purported to be enacted or

given by a council of a municipality that contravenes subsection (1) is of no

effect.

Retroactive effect

(3) Any by-law, adoption or approval described in subsection

(1) that is enacted or given by a council of a municipality in respect of

land to which this Act applies on or after May 29, 2002 but before this Act

receives Royal Assent is of no effect.

Restriction on making applications

(1) No person shall, with

respect to land to which this Act applies, make an application,

(

a) to amend a by-law under

section 34 of the Planning Act ;

(

b) to amend an official plan under

section 22 of the Planning

Act ; or

(

c) to approve a plan of subdivision under

section 51 of the Planning

Act .

Effect of contravention

(2) Any application purported to be made that contravenes

subsection (1) is of no effect.

Retroactive effect

(3) Any application described in subsection (1) made in respect

of land to which this Act applies on or after May 29, 2002 but before this

Act receives Royal Assent is of no effect.

Matters stayed

(1) All applications, referrals,

hearings, appeals and procedures before a joint board under the

Consolidated Hearings Act or before the Ontario Municipal Board with

respect to matters originating under

section 17, 21, 22, 34, 36, 38, 39, 47

or 51 of the Planning Act in respect of land to which this Act

applies shall be deemed to have been stayed on May 29, 2002.

No action to be taken

(2) The joint board and the Ontario Municipal Board shall not

make or issue any order, decision or ruling in respect of matters referred to

in subsection (1).

Effect of contravention

(3) Any order, decision or ruling purported to have been made

or issued that contravenes subsection (2) is of no effect.

Retroactive effect

(4) Any order, decision or ruling in respect of matters

referred to in subsection (1) made or issued in respect of land to which this

Act applies on or after May 29, 2002 but before this Act receives Royal

Assent is of no effect.

Applications, etc., stayed

(5) All applications and procedures originating under

section

17, 21, 22, 34, 36, 38, 39 or 51 of the Planning Act in respect of

land to which this Act applies shall be deemed to have been stayed on May 29,

No decision or approval

(6) The Minister or the council of a municipality or a delegate

of either of them shall not make or issue any decision or approval with

respect to an application or procedure referred to in subsection (5).

Effect of contravention

(7) Any decision or approval purported to be made or issued in

contravention of subsection (6) is of no effect.

Retroactive effect

(8) Any decision or approval in respect of an application or

procedure referred to in subsection (5) made or issued in respect of land to

which this Act applies on or after May 29, 2002 but before this Act receives

Royal Assent is of no effect.

Establishment of Plan

(1) The Minister of Municipal

Affairs and Housing may by regulation establish the Trafalgar Moraine

Conservation Plan.

Copies

(2) The Minister shall ensure that a copy of the Plan is

filed,

(

a) in the offices of the Ministry of Municipal Affairs and Housing;

and

(

b) with the clerk of each municipality that has jurisdiction in the

Trafalgar Moraine Area.

Objectives of Plan

6. The objectives of the Trafalgar Moraine

Conservation Plan are,

(

a) protecting the ecological and hydrological integrity of the Trafalgar

Moraine Area;

(

b) ensuring that only land and resource uses that maintain, improve or

restore the ecological and hydrological functions of the Trafalgar Moraine

Area are permitted;

(

c) maintaining, improving and restoring all the elements that contribute

to the ecological and hydrological functions of the Trafalgar Moraine Area,

including the quality and quantity of its water and its other resources;

(

d) ensuring that the Trafalgar Moraine Area is maintained as a continuous

natural landform and environment for the benefit of present and future

generations;

(

e) providing for land and resource uses and development that are

compatible with the other objectives of the Plan;

(

f) providing for a continuous recreational trail through the Trafalgar

Moraine Area that is accessible to all including persons with disabilities;

and

(

g) providing for other public recreational access to the Trafalgar

Moraine Area.

Contents of Plan

7. The Trafalgar Moraine Conservation Plan

may,

(

a) set out land use designations for land to which the Plan applies;

and

(

b) with respect to the areas affected by those land use designations,

(

i) prohibit any use of land or the erection, location and use of

buildings or structures for or except for such purposes as may be set out in

the Plan,

(ii) restrict or regulate the use of land or the erection, location and

use of buildings or structures, and

(iii) set out policies relating to land and resource protection and land

development.

No cause of action results

(1) No cause of action arises as

a direct or indirect result of the enactment or repeal of any provision of

this Act or anything done or not done under this Act.

No remedy

(2) No costs, compensation or damages are owing or payable to

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

restitution, tort or trust, is available to any person in connection

with,

(

a) the enactment or repeal of any provision of this Act; or

(

b) anything done or not done under this Act.

Proceedings barred

(3) No proceeding, including but not limited to any proceeding

in contract, restitution, tort or trust, that is directly or indirectly based

on or related to the enactment or repeal of any provision of this Act or

anything done or not done under this Act may be brought or maintained against

any person.

Person defined

(4) In this section, "person" includes, but is not limited to,

the Crown, a member of the Executive Council, an employee of the Crown and an

agent of the Crown.

Same

(5) Subsection (3) applies regardless of whether the cause of

action on which the proceeding is purportedly based arose before or after the

coming into force of this Act.

Proceedings set aside

(6) Any proceeding referred to in subsection (3) commenced

before the day this Act comes into force shall be deemed to have been

dismissed, without costs, on the day this Act comes into force and any

decision in a proceeding referred to in subsection (3) made on or after May

29, 2002 is of no effect.

Regulations: Lieutenant Governor in Council

(1) The Lieutenant Governor in

Council may make regulations prescribing land to be included in the Trafalgar

Moraine.

Regulations: Minister

(2) The Minister of Municipal Affairs and Housing may make

regulations establishing and governing the Trafalgar Moraine Conservation

Plan.

Repeal

10. This Act is repealed on the day the Minister of

Municipal Affairs and Housing establishes the Trafalgar Moraine Conservation

Plan referred to in

section 5.

Commencement

11. This Act comes into force on the day it receives

Royal Assent.

Short title

12. The

short title of this Act is the Trafalgar

Moraine Protection Act, 2002 .

EXPLANATORY NOTE

The purpose of the Bill is,

(

a) to stop any applications being made under sections 22, 34 and 51 of

the Planning Act with respect to land in the Trafalgar Moraine;

(

b) to stay any proceedings of the Ontario Municipal Board or of a joint

board under the Consolidated Hearings Act in respect of land in the

Trafalgar Moraine; and

(

c) to stop any municipal council from taking any action under

section 17,

21, 34, 36, 37, 38, 39 or 51 of the Planning Act in respect of land

in the Trafalgar Moraine.

The restrictions would take effect on May 29, 2002. This Act is repealed

on the day the Plan made by the Minister of Municipal Affairs and Housing to

protect the environmentally sensitive areas and other natural features of the

Trafalgar Moraine from development comes into force.

Date Bill stage Activity Committee

May 29, 2002

First Reading

Carried

Debates and Progress

First Reading

May

29, 2002

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 59, 37-3
Type	bill
Volume / chapter	p37 s3 bill 59 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	cae6077c4d9ad82e1fbc9bdaaca4100f810065a8

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