Lake Simcoe Protection Act, 2008 Gerretsen, Hon. John Minister of the Environment — Bill 99 (39th Parliament, 1st Session)

Bill 99, 39-1

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Bill 99, Lake Simcoe Protection Act, 2008

Gerretsen, Hon. John Minister of the Environment

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Royal Assent

[39] Bill 99 Royal Assent (PDF)

Bill 99 2008

An Act to protect

and restore the ecological health of the Lake Simcoe watershed and to amend the

Ontario Water Resources Act in respect of water quality trading

Note:

This Act amends the Ontario Water Resources Act. For the legislative history

of the Act, see the Table of Consolidated Public Statutes – Detailed

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

CONTENTS

Preamble

Purpose

Definitions

Lake

Simcoe Protection Plan established

Objectives

of Plan

Contents

of Plan

Effect

of Plan

Official

plan and conformity

Minister's

proposals to resolve official plan non-conformity

Prescribed

instruments and conformity

Requests

for amendment of instruments

Monitoring

programs

Progress

reports

Amendments

to Plan

Hearing

officer

Decision

of Minister

Decision

of L.G. in C.

Review

Lake

Simcoe

Science Committee

Lake

Simcoe

Coordinating Committee

Delegation

by Minister

Existing

aboriginal or treaty rights

Non-application

of certain Acts

Limitations

on remedies

Regulations

under s. 28 of Conservation Authorities Act

Conflict

with other Acts

Regulations

– shoreline protection

Regulations

– general

Amendments

to adopted documents

Amendment

to s. 27 (1)

Ontario Water Resources Act

Commencement

Short

title

___________

Preamble

Lake

Simcoe is an essential part of Ontario's natural environment and a critical

resource, especially for people who live, work and play within the watershed of

the Lake. In the face of climate change, invasive species, and the pressures

of population growth and development, strong action is needed to protect and

restore the ecological health of the Lake Simcoe watershed for the present

generation and for future generations. There are many benefits of promoting

environmentally sustainable land and water uses, activities and development

practices in the Lake Simcoe watershed. Public bodies, aboriginal communities,

businesses and individuals share an interest in the ecosystem of the Lake Simcoe watershed and have shared responsibility for its health.

Therefore,

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

the Province of Ontario, enacts as follows:

Purpose

1. The purpose of this Act

is to protect and restore the ecological health of the Lake Simcoe watershed.

Definitions

2. In this Act,

"designated policy" means a policy designated in the

Lake Simcoe Protection Plan as a designated policy; ("politique désignée")

"instrument" means any document of

legal effect, including a permit, licence, approval, authorization, direction

or order, that is issued or otherwise created under

an Act, but does not

include,

(

a) a regulation within the

meaning of

Part III of the Legislation

Act, 2006 , or

(

b) a by-law of a municipality or

local board; ("acte")

"justice" means a provincial judge

or a justice of the peace; ("juge")

"Lake Simcoe Region Conservation

Authority" includes any successor of that Authority; ("Office de protection de

la nature de la région du lac Simcoe")

"Lake Simcoe watershed" means,

(

a) Lake Simcoe and the part of Ontario, the water of which drains into Lake Simcoe, or

(

b) if the boundaries of the area

described by clause (

a) are described more specifically in the regulations, the

area within those boundaries; ("bassin hydrographique du lac Simcoe")

"local board" has the same meaning

as in the Municipal Affairs

Act ; ("conseil local")

"Minister" means the Minister of the

Environment or any other member of the Executive Council to whom responsibility

for the administration of this Act is assigned or transferred under the Executive Council Act ; ("ministre")

"Ministry" means the ministry of the

Minister; ("ministère")

"prescribed instrument" means an

instrument that is issued or otherwise created under a provision prescribed by

the regulations of,

(

a) the Aggregate Resources Act ,

(

b) the Clean Water Act, 2006 ,

(

c) the Conservation Authorities Act ,

(

d) the Crown Forest Sustainability Act, 1994 ,

(

e) the Endangered Species Act, 2007 ,

(

f) the Environmental Assessment Act ,

(

g) the Environmental Protection Act ,

(

h) the Fish and Wildlife Conservation Act, 1997 ,

(

i) the Lakes and Rivers Improvement Act ,

(

j) the Nutrient Management Act, 2002 ,

(

k) the Ontario Water Resources Act ,

(

l) the Pesticides Act ,

(

m) the Public Lands Act , or

(

n) any other Act or regulation

prescribed by the regulations, other than the Planning Act , the Condominium Act, 1998 or a regulation

made under the Planning

Act or the Condominium

Act, 1998 ; ("acte prescrit")

"prescribed outside area" means an

area prescribed by the regulations as a prescribed outside area; ("zone

extérieure prescrite")

"public body" means,

(

a) a municipality, local board

or conservation authority,

(

b) a ministry, board,

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

(

c) a body prescribed by the

regulations or an official of a body prescribed by the regulations; ("organisme

public")

"regulations" means the regulations

made under this Act. ("règlements")

Lake Simcoe Protection Plan established

(1) The

Lieutenant Governor in Council shall establish the Lake Simcoe Protection Plan.

Application

(2) Subject

to subsection (3) and to any amendments made under sections 13 to 16, the Lake

Simcoe Protection Plan applies to the Lake Simcoe watershed.

Research

(3) Policies set out in the Lake Simcoe Protection Plan

may apply to research and monitoring programs conducted in areas outside the

Lake Simcoe watershed for the purpose of determining whether activities in

those areas directly affect or would directly affect the ecological health of

the Lake Simcoe watershed.

Effective date

(4) The Lake Simcoe Protection Plan takes effect on the

date specified in the Plan.

Notice of Plan

(5) As

soon as reasonably possible after the Lake Simcoe Protection Plan is

established, the Minister shall publish notice of the Plan on the environmental

registry established under

section 5 of the Environmental Bill of Rights, 1993 ,

together with any other information that the Minister considers appropriate.

Filing of Plan

(6) A copy of the Lake Simcoe Protection Plan and of every

amendment to it, certified by the Minister, shall be filed in the office of the

Ministry, with the clerk of each municipality having jurisdiction in the Lake Simcoe watershed, with the Lake Simcoe Region Conservation Authority, and in such

other locations as the Minister considers appropriate.

Objectives of Plan

4. The

objectives of the Lake Simcoe Protection Plan are,

(

a) to protect, improve or restore the elements

that contribute to the ecological health of the Lake Simcoe watershed, including,

(

i) water quality,

(ii) hydrology,

(iii) key natural heritage

features and their functions, and

(iv) key hydrologic

features and their functions;

(

b) to restore a self-sustaining coldwater fish

community in Lake Simcoe;

(

c) to reduce loadings of phosphorus and other

nutrients of concern to Lake Simcoe and its tributaries;

(

d) to reduce the discharge of pollutants to Lake Simcoe and its tributaries;

(

e) to respond to adverse effects related to

invasive species and, where possible, to prevent invasive species from entering

the Lake Simcoe watershed;

(

f) to improve the Lake Simcoe watershed's

capacity to adapt to climate change;

(

g) to

provide for ongoing scientific research and monitoring related to the

ecological health of the Lake Simcoe watershed;

(

h) to

improve conditions for environmentally sustainable recreational activities

related to Lake Simcoe and to promote those activities;

(

i) to

promote environmentally sustainable land and water uses, activities and

development practices;

(

j) to

build on the protections for the Lake Simcoe watershed that are provided by,

(

i) provincial plans that apply in all or part of the Lake

Simcoe watershed, including the Oak Ridges Moraine Conservation Plan and the

Greenbelt Plan, and

(ii) provincial legislation, including the Clean Water Act, 2006, the Conservation Authorities Act , the Ontario Water Resources Act and

the Planning Act ;

and

(

k) any

other objectives set out in the Lake Simcoe Protection Plan.

Contents of Plan

(1) The

Lake Simcoe Protection Plan shall set out the following:

1. The environmental conditions of the Lake Simcoe watershed.

2. Indicators of the ecological health of the Lake Simcoe

watershed.

3. The existing significant threats and potential significant

threats to the ecological health of the Lake Simcoe watershed.

4. One or more targets related to the indicators mentioned in

paragraph 2 and the objectives mentioned in

section 4.

5. Policies to achieve the objectives of the Plan.

6. The principles and priorities that guided the development of the

Plan.

7. The priorities that should guide implementation of the Plan.

8. The methods that will be used to assess whether the objectives

of the Plan are being achieved.

9. The areas of scientific research that should be pursued to

support implementation of the Plan and the priorities with respect to this

research.

10. A description of any areas to which regulations made under

section 26 may apply and the reasons that those regulations may apply to those

areas.

11. A strategy for financing the implementation of the Plan.

12. The date the Plan takes effect.

Policies

(2) Without limiting

the generality of paragraph 5 of subsection (1), the policies referred to in

that paragraph may include the following:

1. Policies to support co-ordination of environmental and resource

management programs, land use planning programs and land development programs

of the various ministries of the Government of Ontario.

2. Policies to support co-ordination of environmental and resource

management, land use planning and land development among municipalities,

conservation authorities and other local boards.

3. Policies respecting key natural heritage features and key

hydrologic features of the Lake Simcoe watershed that contribute to its

ecological health and that have been set out in the Lake Simcoe Protection

Plan, including,

i. policies

prohibiting any use of land or the erection, location or use of buildings or

structures for, or except for, such purposes as may be set out in the Plan,

ii. policies

restricting or regulating the use of land or the erection, location or use of

buildings or structures, and

iii. policies

to protect, improve or restore key natural heritage features and their

functions and key hydrologic features and their functions.

4. Policies governing requirements for planning, development,

infrastructure and site alteration in the Lake Simcoe watershed for the purpose

of achieving the objectives of the Lake Simcoe Protection Plan, including

policies related to the management of stormwater and wastewater.

5. Policies prohibiting official plans and zoning by-laws from

containing provisions that relate to matters specified in the Lake Simcoe

Protection Plan that are more restrictive than the provisions in the Plan.

6. Policies,

i. governing

and clarifying the application of subsection 6 (4), including determining when

a conflict exists for the purpose of that subsection and determining the nature

of the conflict,

ii. dealing with any

problems or issues arising as a result of the application of subsection 6 (4),

and

iii. resolving conflicts between the

provisions of designated policies set out in the Lak

Document details

Collection	Ontario — Bills
Citation	Bill 99, 39-1
Type	bill
Volume / chapter	p39 s1 bill 99 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	fae05dedd9d756605e0c98f17ecfa6f8f298e507

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