Local Municipality Democracy Act, 2011 Smith, Todd — Bill 10 (40th Parliament, 1st Session)

Bill 10, 40-1

Ontario — Bills

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Bill 10, Local Municipality Democracy Act, 2011

Smith, Todd

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Original

[40] Bill 10 Original (PDF)

Bill 10 2011

Act to amend the Green Energy Act, 2009 and the Planning Act

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Green Energy Act, 2009

1. Subsection

4 (4) of the Green Energy Act, 2009 is repealed and

the following substituted:

Exceptions

(4) Subsections (2) and (3) do not apply if the

restriction is imposed,

(

a) by

an Act or a regulation; or

(

b) by

a municipal by-law of a single-tier or lower-tier municipality respecting the

health, safety and well-being of persons or respecting public assets of the

municipality acquired for the purpose of exercising its authority under

an Act.

2. Subsection

5 (4) of the Act is repealed and the following substituted:

Exceptions

(4) Subsections (2) and (3) do not apply if the restriction

is imposed,

(

a) by

an Act or a regulation;

(

b) by

a municipal by-law of a single-tier or lower-tier municipality respecting the

health, safety and well-being of persons or respecting public assets of the

municipality acquired for the purpose of exercising its authority under

an Act;

(

c) by

a prescribed instrument or class of instrument.

Same

(5) Subsections (2) and (3) do not apply with respect to a

prescribed type of restriction or class of restrictions.

Planning Act

3. The

definitions of "renewable energy generation facility", "renewable energy

project", "renewable energy testing facility", "renewable energy testing

project" and "renewable energy undertaking" in subsection 1 (1) of the Planning Act are repealed.

4. (1) Clause

50 (3) (d.1) of the Act is repealed.

(2) Clause 50 (5) (c.1) of the Act is repealed.

Section

62.0.2 of the Act is repealed.

Commencement and Short

Title

Commencement

(1) Subject

to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Sections 3, 4 and 5 come into force on the 90th day

after the day this Act receives Royal Assent.

Short

title

7. The

short title of this Act is the Local Municipality

Democracy Act, 2011 .

EXPLANATORY

NOTE

The

Bill amends the Green Energy Act, 2009 and the Planning Act .

Currently,

under

section 4 of the Green Energy Act, 2009 ,

municipal by-laws are inoperative to the extent that they prevent or restrict

the use of designated goods, services and technologies in prescribed

circumstances. An amendment provides that certain restrictions imposed by

by-laws of single-tier or lower-tier municipalities remain operative, i.e.,

restrictions respecting the health, safety and well-being of persons or

respecting public assets of the municipality acquired for the purpose of

exercising its authority under

an Act. (See clause 4 (4) (

b) of the Act.)

Currently,

under

section 5 of the Green Energy Act, 2009 ,

municipal by-laws are inoperative to the extent that they prevent or restrict

people from engaging in activities with respect to designated renewable energy

projects, renewable energy sources and renewable energy testing projects in

prescribed circumstances. An amendment provides that certain restrictions

imposed by by-laws of single-tier or lower-tier municipalities remain

operative, i.e., restrictions respecting the health, safety and well-being of

persons or respecting public assets of the municipality acquired for the

purpose of exercising its authority under

an Act. (See clause 5 (4) (

b) of the

Act.)

The

Bill amends the Planning Act to reverse the effect

of the amendments made to the Act by

Schedule K to the Green

Energy and Green Economy Act, 2009 . Those amendments exempted renewable

energy undertakings from the normal application of the Planning

Act , including policy statements, provincial plans, official plans,

demolition control by-laws, zoning by-laws and development permit regulations

and by-laws.

Date Bill stage Activity Committee

December 1, 2011

Second Reading

Lost on division

December 1, 2011

Second Reading

Debate

November 28, 2011

First Reading

Carried

Debates and Progress

First Reading

November 28, 2011

Committee

Second Reading

December 1, 2011

Mr. Todd Smith, Mr. David Zimmer, Mr. Monte McNaughton, Mr. Reza Moridi, Mr. Randy Pettapiece, Hon. Harinder S. Takhar, Ms. Lisa M. Thompson, Mr. Peter Tabuns, Mr. Rick Nicholls

December 1, 2011

Lost on recorded division.

Committee

Third Reading

Royal Assent

Acts affected - Bill 10

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Green Energy Act, 2009

Planning Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 10, 40-1
Type	bill
Volume / chapter	p40 s1 bill 10 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	f14ccf1001cf2dfe95ebb686be4293fc605f23c3

Source file is stored in the law ingest library (html).