Bill 55, Oak Ridges Moraine Protection Act, 2001

Hodgson, Hon. Chris Minister of Municipal Affairs and Housing

Versions

Bill 55 2001

An Act to protect
the Oak Ridges Moraine

CONTENTS

1.	Act applies to Oak Ridges Moraine
2.	Restriction on powers of municipalities
3.	Restriction on making applications
4.	Power of Minister unaffected
5.	Matters stayed
6.	Regulations re: boundary
7.	Regulations to exempt
8.	Continuation of matters
9.	No cause of action results
10.	Repeal
11.	Commencement
12.	Short title
	______________

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

Act applies to Oak Ridges Moraine

1. This Act applies to land shown as the Oak Ridges Moraine on maps,

(a) posted on the internet on May 17, 2001 at www.mah.gov.on.ca/maps/oakridgesmoraine-e.asp in English and www.mah.gov.on.ca/maps/oakridgesmoraine-f.asp in French; and

(b) printed by the Ministry of Municipal Affairs and Housing and dated May 17, 2001 and available to the public at the government information centre located in the Macdonald Block at 900 Bay Street in the City of Toronto.

Restriction on powers of municipalities

2. (1) No council of a municipality shall, with respect to land to which this Act applies,

(a) enact a by-law under section 34, 36, 37, 38 or 39 of the Planning Act;

(b) adopt or approve an official plan or official plan amendment under section 17 or 21 of the Planning Act; or

Effect of contravention

(2) Any by-law, adoption or approval purported to be enacted or given by a council of a municipality that contravenes subsection (1) is of no effect.

Retroactive effect

(3) Any by-law, adoption or approval described in subsection (1) that is enacted or given by a council of a municipality in respect of land to which this Act applies on or after May 17, 2001 but before this Act receives Royal Assent is of no effect.

Restriction on making applications

3. (1) No person shall, with respect to land to which this Act applies, make an application,

(a) to amend a by-law under section 34 of the Planning Act;

(b) to amend an official plan under section 22 of the Planning Act; or

Effect of contravention

(2) Any application purported to be made that contravenes subsection (1) is of no effect.

Retroactive effect

(3) Any application described in subsection (1) made in respect of land to which this Act applies on or after May 17, 2001 but before this Act receives Royal Assent is of no effect.

Power of Minister unaffected

4. (1) Nothing in this Act derogates from the power of the Minister to make an order under section 47 of the Planning Act.

Non-application

(2) Subsections 47 (8) to (14) of the Planning Act do not apply to an order of the Minister under clause 47 (1) (a) of the Planning Act with respect to land to which this Act applies.

Amendment or revocation

(3) The Minister may, on his or her own initiative, by order amend or revoke in whole or in part any order made under clause 47 (1) (a) of the Planning Act and subsections 47 (1) to (7) of the Planning Act apply with necessary modifications to the making, amending and revoking of an order made under that clause.

Matters stayed

5. (1) All applications, referrals, hearings, appeals and procedures before a joint board under the Consolidated Hearings Act or before the Ontario Municipal Board with respect to matters originating under section 17, 21, 22, 34, 36, 38, 39, 47 or 51 of the Planning Act in respect of land to which this Act applies shall be deemed to have been stayed on May 17, 2001.

No action to be taken

(2) The joint board and the Ontario Municipal Board shall not make or issue any order, decision or ruling in respect of matters referred to in subsection (1).

Effect of contravention

(3) Any order, decision or ruling purported to have been made or issued that contravenes subsection (2) is of no effect.

Retroactive effect

(4) Any order, decision or ruling in respect of matters referred to in subsection (1) made or issued in respect of land to which this Act applies on or after May 17, 2001 but before this Act receives Royal Assent is of no effect.

Applications, etc., stayed

(5) All applications and procedures originating under section 17, 21, 22, 34, 36, 38, 39 or 51 of the Planning Act in respect of land to which this Act applies shall be deemed to have been stayed on May 17, 2001.

No decision or approval

(6) The Minister or the council of a municipality or a delegate of either of them shall not make or issue any decision or approval with respect to an application or procedure referred to in subsection (5).

Effect of contravention

(7) Any decision or approval purported to be made or issued in contravention of subsection (6) is of no effect.

Retroactive effect

(8) Any decision or approval in respect of an application or procedure referred to in subsection (5) made or issued in respect of land to which this Act applies on or after May 17, 2001 but before this Act receives Royal Assent is of no effect.

Regulations re: boundary

6. If a part of a lot is shown as included in the Oak Ridges Moraine on the maps referred to in section 1, the Lieutenant Governor in Council may make regulations prescribing in greater detail the boundary between the part of the lot to which this Act applies and the part of the lot to which this Act does not apply.

Regulations to exempt

7. (1) The Lieutenant Governor in Council may make regulations exempting land from the application of sections 1 to 6.

Same

(2) Section 8 applies to land that is exempted under subsection (1) as if sections 1 to 6 had been repealed on the date of the exemption.

Continuation of matters

8. (1) On the repeal of sections 1 to 6, all applications, appeals, referrals, procedures and hearings that were stayed under those sections are continued as if those sections had never been enacted and any time periods shall be calculated as if no time had passed between the day the matter was stayed and the repeal of sections 1 to 6.

Future legislation

(2) For greater certainty, subsection (1) shall not be construed as limiting the application or effect of any Act enacted after May 17, 2001 or of any regulation made after May 17, 2001.

No cause of action results

9. (1) No cause of action arises as a direct or indirect result of the enactment or repeal of any provision of this Act or anything done or not done under sections 6 and 7.

No remedy

(2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with,

(a) the enactment or repeal of any provision of this Act; or

(b) anything done or not done under sections 6 and 7.

Proceedings barred

(3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to the enactment or repeal of any provision of this Act or anything done or not done under sections 6 and 7 may be brought or maintained against any person.

Person defined

(4) In this section "person" includes, but is not limited to, the Crown, a member of the Executive Council, an employee of the Crown and an agent of the Crown.

Same

(5) Subsection (3) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the coming into force of this Act.

Proceedings set aside

(6) Any proceeding referred to in subsection (3) commenced before the day this Act comes into force shall be deemed to have been dismissed, without costs, on the day this Act comes into force and any decision in a proceeding referred to in subsection (3) made on or after May 17, 2001 is of no effect.

Repeal

10. This Act, except for subsection 7 (2) and sections 8 and 9, is repealed on November 17, 2001.

Commencement

11. This Act comes into force on the day it receives Royal Assent.

Short title

12. The short title of this Act is the Oak Ridges Moraine Protection Act, 2001.