[37] Bill 157 Original (PDF)
Bill 157
Bill 1572000
An Act to revise the law
relating to the protection of
the Niagara Escarpment and
the surrounding wetlands
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, "
development" means the construction, erection or placing of one or more buildings or structures on land or the making of an addition or alteration to a building or structure that has the effect of substantially increasing its size or usability; ("amnagement") "
Minister" means the Minister of Natural Resources; ("ministre") "
municipality" means a local, district or regional municipality; ("municipalit") "
Niagara Escarpment area" means the Niagara Escarpment and the surrounding wetlands. ("zone de l'escarpement du Niagara")
Designation of natural area
2. (1) The Minister shall make an order designating all or any part of the Niagara Escarpment area as a natural area.
Municipal approval
(2) The Minister shall not make an order under subsection (1) unless each municipality within the area to be designated passes a resolution approving the designation of its lands as a natural area.
Alteration of boundaries
3. (1) If the natural boundaries of the Niagara Escarpment area change, the Minister may make an order altering, in whole or in part, the boundaries of the natural area.
Municipal approval
(2) The Minister shall not make an order under subsection (1) unless each municipality, whose lands are to be added to or removed from the natural area by the order, passes a resolution approving the addition of the lands to the natural area or the removal of the lands from the natural area.
Laying before Assembly
(3) On the day of making an order under subsection (1), or as soon after that as is practicable, the Minister shall lay the order before the Assembly if it is in session or shall deposit it with the Clerk of the Assembly if the Assembly is not in session.
Approval of Assembly
(4) An order is not effective until the Assembly approves it.
Variation of order
(5) The Assembly may vary an order before approving it.
Prohibition
4. (1) No person shall use any land designated as a natural area for development purposes unless the development is approved by a resolution of the municipality where the land is situated and by a resolution of the Assembly.
Offence
(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable,
(a)on a first conviction to a fine of not more than $25,000; and
(b)on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which the person was first convicted.
Corporation
(3) Despite subsection (2), if a corporation is convicted of an offence under this section, the maximum penalty that may be imposed,
(a)on a first conviction is a fine of not more than $50,000; and
(b)on a subsequent conviction is a fine of not more than $25,000 for each day or part thereof upon which the contravention has continued after the day on which the corporation was first convicted.
Repeal
5. Upon the Minister making an order under section 2, the Niagara Escarpment Planning and Development Act is repealed.
Commencement
6. This Act comes into force on the day it receives Royal Assent.
Short title
7. The short title of this Act is the Niagara Escarpment Protection Act, 2000.
EXPLANATORY NOTE
The Bill allows the Minister of Natural Resources to designate the Niagara Escarpment and its surrounding wetlands as a natural area if each municipality within the area to be designated approves. When the Minister makes the designation, the Niagara Escarpment Planning and Development Act is repealed.
If the natural boundaries of the Niagara Escarpment and the surrounding wetlands change, the Minister can by order change the boundaries of the natural area if the municipalities affected and the Assembly approve.
Development in the natural area is prohibited unless the municipality where the land is situated and the Assembly approve.