Oak Ridges Moraine Conservation Act, 2001 Hodgson, Hon. Chris Minister of Municipal Affairs and Housing — Bill 122 (37th Parliament, 2nd Session)

Bill 122, 37-2

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Bill 122, Oak Ridges Moraine Conservation Act, 2001

Hodgson, Hon. Chris Minister of Municipal Affairs and Housing

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As Amended by Standing Committee

Royal Assent

[37] Bill 122 Royal Assent (PDF)

Bill 122 2001

An Act to conserve

the Oak Ridges Moraine

by providing for the Oak Ridges

Moraine Conservation Plan

CONTENTS

Interpretation

Designation of Oak Ridges Moraine Area

Oak Ridges Moraine

Conservation Plan

Establishment of Plan

Objectives

Contents of Plan

Agreements

Effect of Plan

Conflict

Official plan and zoning by-law amendments

Approval process

Amendments to Plan

Amending process

Hearing, recommendations and decision

Orders under Planning Act , s. 47

Transitional Provisions,

Regulations and Miscellaneous

Transition

Deemed 18-month period

Further approvals

Matters appealed to Ontario Municipal Board

Special provisions re prescribed lands

No cause of action, remedy or proceeding

Non-application of Statutory Powers Procedure Act

Regulations - Lieutenant Governor in Council

Regulations - Minister

Offence

Conflict

Commencement

Short title

______________

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

Assembly of the Province of Ontario, enacts as follows:

Interpretation

(1) In this Act,

"First Nation" means a band as defined in the Indian Act

(Canada); ("Première nation")

"former Act" means the Oak Ridges Moraine Protection Act, 2001 ;

("loi antérieure")

"local board" has the same meaning as in the Municipal Affairs

Act , but does not include a board as defined in subsection 1 (1) of the

Education Act ; ("conseil local")

"lower-tier municipality" means a municipality that forms part of an

upper-tier municipality for municipal purposes; ("municipalité de palier

inférieur")

"Minister" means the Minister of Municipal Affairs and Housing;

("ministre")

"municipality" means an upper-tier municipality, a lower-tier municipality

or a single-tier municipality; ("municipalité")

"municipal planning authority" means a municipal planning authority

established under

section 14.1 of the Planning Act ; ("office

d'aménagement municipal")

"natural core area" and "natural linkage area" mean areas designated as

such in the Oak Ridges Moraine Conservation Plan; ("zone centrale naturelle"

et "lien physique naturel")

"Oak Ridges Moraine Area" means the area of land designated under

section

2; ("territoire de la moraine d'Oak Ridges")

"Oak Ridges Moraine Conservation Plan" and "Plan" mean the plan

established under

section 3; ("Plan de conservation de la moraine d'Oak

Ridges" ou "Plan")

"official plan" has the same meaning as in the Planning Act ;

("plan officiel")

"prescribed" means prescribed by the regulations; ("prescrit")

"public body" means a municipality, local board, ministry, department,

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

or a First Nation; ("organisme public")

"regulations" means the regulations made under this Act;

("règlements")

"single-tier municipality" means a municipality that does not form part of

an upper-tier municipality for municipal purposes; ("municipalité à

palier unique")

"upper-tier municipality" means a municipality of which two or more

lower-tier municipalities form part for municipal purposes, and includes a

regional municipality; ("municipalité de palier supérieur")

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

section 34 of the Planning

Act. ("règlement municipal de zonage")

Predecessor provisions

(2) In this Act, a reference to a provision of the Planning

Act or the Condominium Act, 1998 includes a reference to any

predecessors of the provision.

Designation of Oak Ridges Moraine Area

2. The Lieutenant Governor in Council may, by

regulation, designate an area of land as the Oak Ridges Moraine Area.

Oak Ridges Moraine

Conservation Plan

Establishment of Plan

(1) The Minister may, by

regulation, establish the Oak Ridges Moraine Conservation Plan for all or

part of the Oak Ridges Moraine Area.

Copies

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

every amendment to it is filed,

(

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

and

(

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

Ridges Moraine Area.

Review

(3) The Minister shall ensure that a review of the Plan is

carried out every 10 years after the date the Plan comes into force, to

determine whether the Plan should be revised.

Natural core areas and natural linkage areas

(4) A review under subsection (3) shall not consider removing

land from the natural core areas or the natural linkage areas.

Consultation and public participation

(5) During a review under subsection (3), the Minister

shall,

(

a) consult with any affected ministries and public bodies;

(

b) consult with the council of each municipality or with each municipal

planning authority that has jurisdiction in the Oak Ridges Moraine Area;

and

(

c) ensure that the public is given an opportunity to participate in the

review.

Environmental Assessment Act

(6) For greater certainty, the Plan is not an undertaking as

defined in subsection 1 (1) of the Environmental Assessment Act , but

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

Objectives

4. The objectives of the Oak Ridges Moraine

Conservation Plan are,

(

a) protecting the ecological and hydrological integrity of the Oak Ridges

Moraine Area;

4 Bill 122 oak ridges moraine conservation Sec./art. 4

(

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

restore the ecological and hydrological functions of the Oak Ridges Moraine

Area are permitted;

(

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

to the ecological and hydrological functions of the Oak Ridges Moraine Area,

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

(

d) ensuring that the Oak Ridges 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 continued development within existing urban settlement

areas and recognizing existing rural settlements;

(

g) providing for a continuous recreational trail through the Oak Ridges

Moraine Area that is accessible to all including persons with

disabilities;

(

h) providing for other public recreational access to the Oak Ridges

Moraine Area; and

(

i) any other prescribed objectives.

Contents of Plan

5. The Oak Ridges Moraine Conservation Plan

may,

(

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

(

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;

(

c) prohibit official plans and zoning by-laws from containing provisions

with respect to specified matters that are more restrictive than those in the

Plan; and

(

d) specify matters for the purpose of clause (c).

Agreements

(1) For the purposes of

achieving the objectives of the Oak Ridges Moraine Conservation Plan, the

Minister or a municipality with jurisdiction in the Oak Ridges Moraine Area

may enter into an agreement with any other person or public body, including

but not limited to an agreement that provides for sharing the costs of

implementing any feature of the Plan.

Planning Act and

Development Charges Act, 1997

(2) Subsection (1) is subject to the Planning Act and

the Development Charges Act, 1997.

Effect of Plan

(1) A decision that is made

under the Planning Act or the Condominium Act, 1998 or in

relation to a prescribed matter, by a municipal council, local board,

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

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

Municipal Board, shall conform with the Oak Ridges Moraine Conservation

Plan.

Same

(2) Despite any other Act, no municipality or municipal

planning authority shall, within the area to which the Plan applies,

(

a) undertake any public work, improvement of a structural nature or other

undertaking that conflicts with the Plan; or

(

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

Conflict

(1) Despite any other Act, the

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

the Plan and,

(

a) an official plan;

(

b) a zoning by-law; or

(

c) a policy statement issued under

section 3 of the Planning

Act .

Greater restriction not conflict

(2) Subject to clauses 5 (

c) and (d), an official plan or

zoning by-law does not conflict with the Plan to the extent that its

provisions are more restrictive than those in the Plan.

Official plan amendment - regional municipalities

(1) On or before the day that is

12 months after the day the Oak Ridges Moraine Conservation Plan is filed

under the Regulations Act, the Regional Municipalities of Peel, York

and Durham shall each prepare and adopt an official plan amendment to

implement the Plan.

Official plan amendment - other municipalities

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

date described in subsection (1), every other prescribed municipality or

municipal planning authority shall prepare and adopt an official plan

amendment to implement the Plan.

6 Bill 122 oak ridges moraine conservation Sec./art. 9

(2) Approval process

(3) Section 10 governs the approval process for each amendment

required by subsections (1), (2) and (5).

Exercise of municipal powers by Minister

(4) If a municipality or municipal planning authority fails to

comply with subsection (1) or (2), the Minister may, on giving the

municipality or municipal planning authority at least 30 days written notice

of his or her intention to do so, exercise any of its powers under this Act

section 17 or 21 of the Planning Act .

Amendment of zoning by-laws

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

date described in subsection (1), every single-tier municipality and

lower-tier municipality shall prepare and pass a zoning by-law amendment to

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

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

section

Extension of time

(6) If a municipality does not prepare and pass the zoning

by-law amendment required by subsection (5) until after the expiry of the

18-month period,

section 10 nevertheless applies to the amendment if the

Minister makes a written declaration to that effect.

Advising of conflict

(7) If, in the Minister's opinion, an official plan or a zoning

by-law conflicts with the Plan, the Minister may,

(

a) advise the municipality or the municipal planning authority that

adopted the official plan or that passed the zoning by-law of the particulars

of the conflict; and

(

b) invite the municipality or the municipal planning authority to submit,

within a specified time, proposals for the resolution of the conflict.

Minister's order

(8) The Minister may, by order, amend the official plan or the

zoning by-law, as the case may be, to resolve the conflict,

(

a) if the council or municipal planning authority fails to submit

proposals to resolve the conflict within the specified time; or

(

b) if proposals are submitted but, after consultation with the Minister

Document details

Collection	Ontario — Bills
Citation	Bill 122, 37-2
Type	bill
Volume / chapter	p37 s2 bill 122 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d61c3777b403bb192a3889dcd1d896c831fd70ca

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