Oak Ridges Moraine Conservation, Protection and Promotion Act, 2001 Colle, Mike — Bill 42 (37th Parliament, 3rd Session)

Bill 42, 37-3

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Bill 42, Oak Ridges Moraine Conservation, Protection and Promotion Act, 2001

Colle, Mike

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[37] Bill 42 Original (PDF)

Bill 42 2001

An Act to conserve and protect

the Oak Ridges Moraine

by stopping urban sprawl and

uncontrolled development and

promoting recreational,

commercial and agricultural

activities that are

environmentally sustainable

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

Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"Commission" means the Oak Ridges Moraine Commission; ("Commission")

"development" means,

(

a) the construction, reconstruction, erection or placing of a building or

structure of any kind,

(

b) any change to a building or structure that would have the effect of

altering the use or potential use of the building or structure, increasing

the size of the building or structure or increasing the number of dwelling

units in the building or structure,

(

c) site clearing or grading, or

(

d) the temporary or permanent placing, dumping or removal of any

material, originating on the site or elsewhere,

but does not include an alteration of a minor nature to an existing

structure used for residential or agricultural purposes that does not pose a

significant risk to the natural environment of the Oak Ridges Moraine

Bioregion; ("aménagement")

"local plan" means an official plan under the Planning Act;

("plan local")

"Minister" means the member of the Executive Council to whom the

administration of this Act is assigned; ("ministre")

"ministry" means any ministry of the Government of Ontario and includes a

board, commission or agency of the Government; ("ministère")

"Oak Ridges Moraine Bioregion" means the area of land in Ontario

designated as such by the Minister under this Act; ("région

biogéographique de la moraine d'Oak Ridges")

"Oak Ridges Moraine Bioregion Plan" means a plan, policy and program, or

any part thereof, approved by the Lieutenant Governor in Council, covering

the Oak Ridges Moraine Bioregion, or any part thereof defined in the Plan,

designed to promote the optimum economic, social, environmental and physical

condition of the area, and consisting of the texts and maps describing the

program and policy; ("plan de la région biogéographique de la

moraine d'Oak Ridges")

"Oak Ridges Moraine Strategy" means the report entitled "Oak Ridges

Moraine Strategy for the Greater Toronto Area: An Ecosystem Approach for Long

Term Protection and Management", prepared for the Minister of Natural

Resources by the Oak Ridges Moraine Technical Working Committee in November

1994; ("stratégie visant la moraine d'Oak Ridges")

"zoning by-law" means a by-law passed under

section 34 of the Planning

Act or any predecessor thereof and approved by the Ontario Municipal

Board. ("règlement municipal de zonage")

Purpose of Act

2. The purpose of this Act is to provide for

the maintenance of the Oak Ridges Moraine and land in its vicinity as a

continuous natural environment, and to ensure only such development occurs as

is compatible with that natural environment.

Development control

(1) In exercising any authority,

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

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

including the Ontario Municipal Board, shall not permit development on the

Oak Ridges Moraine.

Conflict

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

Exception

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

proposal for the development has received site plan approval under

section 41

of the Planning Act on or before May 1, 2001.

Designation of additional land

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

that forms part of the geological feature known as the Oak Ridges

Moraine.

Effect of filing development plan

(5) Subsection (1) ceases to apply on the day the Oak Ridges

Moraine Bioregion Plan comes into force.

Definition

(6) In this section,

"Oak Ridges Moraine" means,

(

a) the land identified as belonging to the Oak Ridges Moraine in the Oak

Ridges Moraine Strategy, and

(

b) any additional land designated under subsection (4).

Establishment of Oak Ridges Moraine Bioregion

(1) The Minister shall by order

establish as the Oak Ridges Moraine Bioregion the area of land in Ontario

defined in the order and the Minister may alter the boundaries of the

Bioregion by amendment to the order.

Same

(2) The Oak Ridges Moraine Bioregion shall, at a minimum,

include,

(

a) the land identified as belonging to the Oak Ridges Moraine, as

described in the Oak Ridges Moraine Strategy;

(

b) any other additional land that forms part of the geological feature

known as the Oak Ridges Moraine; and

(

c) any land, in addition to the land referred to in clauses (

a) and (b),

that is reasonably necessary to provide a buffer from other land uses that

may pose a risk to the integrity of the Moraine.

Direction by Minister to prepare Oak Ridges Moraine Bioregion

Plan

(3) Where the Oak Ridges Moraine Bioregion has been established

under subsection (1), the Minister shall include in the order a direction to

the Commission that it carry out an investigation and survey of the

environmental, physical, social and economic conditions in relation to the

development of the Bioregion or any part thereof, and that there be prepared,

within a period of two years or such other period of time as the Minister in

his or her order determines, a plan suitable for approval as the Oak Ridges

Moraine Bioregion Plan.

Order or amending order to be laid before Assembly

(4) Where any order or amendment thereto is made under

subsection (1), the Minister shall, on the day the order or amending order is

made, or as soon thereafter as is practicable, lay the order or amending

order before the Assembly if it is in session or, if not, at the commencement

of the next session and the Assembly shall, by resolution, declare the order

or amending order approved, revoked or varied.

Oak Ridges Moraine Commission established

(1) A commission is hereby

Commission de la moraine d'Oak Ridges in French.

Members

(2) The Commission shall be composed of 21 members appointed as

follows:

1. The Greater Toronto Services Board shall appoint three persons who are

members of the Board.

2. Each of the following municipal councils shall appoint one person,

i. the County of Dufferin,

ii. The Regional Municipality of Durham,

iii. the County of Northumberland,

iv. The Regional Municipality of Peel,

v. the County of Peterborough,

vi. the County of Simcoe,

vii. the City of Kawartha Lakes, and

viii. The Regional Municipality of York.

3. Each of the following conservation authorities shall appoint one

person,

i. Central Lake Ontario Conservation Authority,

ii. Ganaraska Region Conservation Authority,

iii. Kawartha Region Conservation Authority,

iv. Lake Simcoe Region Conservation Authority,

v. Lower Trent Region Conservation Authority,

vi. Nottawasaga Valley Conservation Authority,

vii. Otonabee Region Conservation Authority, and

viii. Toronto and Region Conservation Authority.

4. The Lieutenant Governor in Council shall appoint two persons from the

public at large.

Term of office

(3) Each member of the Commission shall hold office for a term

of five years.

Eligibility

(4) No person shall be appointed as a member of the Commission

under subsection (2) if there is a material conflict of interest between the

person's role as a member and the person's role in any other capacity.

When Commission deemed established

(5) The Commission shall be deemed to be established when a

majority of the number of members has been appointed, and it may then proceed

to carry out the functions conferred upon it under this Act, even if the

remaining number of members has not been appointed.

Chair

(6) The Minister may designate one of the members appointed

under subsection (2) to be chair of the Commission.

Remuneration

(7) The members of the Commission shall be paid such

remuneration and expenses as the Minister from time to time determines.

Quorum

(8) Eleven members of the Commission constitute a quorum.

Employees

(9) Such employees as are considered necessary from time to

time for the purposes of the Commission may be appointed under the Public

Service Act .

Professional assistance

(10) Subject to the approval of the Minister, the Commission

may engage persons to provide professional, technical or other assistance to

the Commission.

Seconding of staff to Commission

(11) In the performance of its functions, the Commission may be

assisted by such persons in the public service of Ontario as the Minister

designates for the purpose.

Commission is body corporate

(12) The Commission is a body corporate without share

capital.

Non-application

(13) The Corporations Act does not apply to the

Commission.

Powers of Commission

(1) In addition to any other

powers provided by this Act, the Commission may,

(

a) provide financial support for initiatives in the Oak Ridges Moraine

Bioregion related to,

(

i) eco-tourism,

(ii) commercial and recreational activities that do not adversely affect

the natural environment, including fishing, hiking, bird-watching and

canoeing,

(iii) agriculture practices and uses that are environmentally sustainable,

including organic farming and apple orchards,

(iv) green entrepreneurship, and

(

v) education programs that promote awareness in respect of the importance

and uniqueness of the Bioregion;

(

b) preserve the heritage of the Oak Ridges Moraine by protecting sites of

architectural and historical interest;

(

c) make grants and loans in such amounts and upon such terms as the

Commission considers advisable to conservation authorities and environmental

groups in the Oak Ridges Moraine Bioregion;

(

d) gather, publish and disseminate information relating to environmental

conservation and protection generally;

(

e) conduct research related to the ecological systems that make up the

Oak Ridges Moraine Bioregion;

(

f) conduct studies of environmental planning designed to lead to the wise

use of the natural environment of the Oak Ridges Moraine Bioregion;

(

g) develop and implement planning policies to discourage urban sprawl in

the Oak Ridges Moraine Bioregion;

(

h) support and facilitate the establishment of local land trusts and

conservation areas and assist in the granting of easements to land trusts and

conservation authorities;

(

i) convene conferences and conduct seminars and educational programs

relating to the Oak Ridges Moraine; and

(

j) appoint committees to carry out the functions described in clauses (

a) to (i).

Definition

(2) In subclause (1) (a) (iv),

"green entrepreneurship" means programs that encourage the establishment

of business ventures in the Oak Ridges Moraine Bioregion and that do not pose

a risk to the natural environment of the Bioregion.

Public consultation during preparation of plan

7. During the course of the preparation of the

Oak Ridges Moraine Bioregion Plan, the Commission shall consult with the

public, the minister of any affected ministry and with the council of each

municipality within or partly within the Oak Ridges Moraine Bioregion, with

respect to the proposed contents of the Plan.

Objectives

8. In preparing the Oak Ridges Moraine

Bioregion Plan, and when exercising any power under this Act, the objectives

to be sought by the Commission in the Oak Ridges Moraine Bioregion shall

be,

(

a) to ensure the long-term viability of the Oak Ridges Moraine

countryside by preserving and protecting a permanent rural area that retains

the character and quality of life attributes that are intrinsic to the

Moraine;

(

b) to focus the projected popu

Document details

Collection	Ontario — Bills
Citation	Bill 42, 37-3
Type	bill
Volume / chapter	p37 s3 bill 42 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	cdbea70e139f0e66791f320cdca7317196aa4cf0

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