Bill 17, Ontario Natural Heritage Act, 2001

Versions

Bill 17 2001

An Act to ensure
responsible and acceptable
development and to protect
the natural heritage of
the Province of Ontario

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,

(a) the construction, reconstruction, erection or placing of a building or structure of any kind,

(b) any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure,

(d) the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere; ("aménagement")

"development plan" means the development plan for the Oak Ridges Moraine prepared by the Minister under subsection 4 (2); ("plan d'aménagement")

"Minister" means the Minister of Municipal Affairs and Housing; ("ministre")

"Oak Ridges Moraine" means,

(a) the land identified as belonging to the Oak Ridges Moraine in the document entitled "Oak Ridges Moraine Strategy for the Greater Toronto Area: An Ecosystem Approach for Long Term Protection and Management", prepared for the Minister of Natural Resources by the Oak Ridges Moraine Technical Working Committee in November 1994, and

(b) any additional land designated under subsection 2 (3); ("moraine d'Oak Ridges")

"Oak Ridges Moraine Strategy" means,

(a) the report entitled "Oak Ridges Moraine Strategy for the Greater Toronto Area: An Ecosystem Approach for Long Term Protection and Management", prepared for the Minister of Natural Resources by the Oak Ridges Moraine Technical Working Committee in November 1994, and

(b) any additional studies or documents in the list mentioned in subsection 3 (4). ("stratégie visant la moraine d'Oak Ridges")

Development of Oak Ridges Moraine

2. (1) In exercising any authority with respect to development on the Oak Ridges Moraine, the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Ontario Municipal Board, shall consider whether the areas of land and water affected by the exercise of the authority are areas of natural and scientific interest as defined in section 1 of the Conservation Land Act.

Exception

(2) Subsection (1) does not apply to any development if a proposal for the development has received site plan approval under section 41 of the Planning Act on or before April 26, 2001.

Designation of additional land

(3) The Minister may make an order designating any land as land that forms part of the geological feature known as the Oak Ridges Moraine.

Filing of development plan

(4) Subsection (1) ceases to apply on the day the development plan comes into force.

Minister's list of documents

3. (1) The Minister shall compile a draft list of studies or documents prepared by any ministry of the Government of Ontario, the purpose of which is to update and complete the information in the report mentioned in clause (a) of the definition of "Oak Ridges Moraine Strategy" in section 1.

Notice

(2) Within 30 days after the day this Act receives Royal Assent, the Minister shall give notice of the list mentioned in subsection (1) in the environmental registry established under the Environmental Bill of Rights, 1993, and by any other means the Minister considers appropriate.

Contents of notice

(3) Notice given under subsection (2) shall include the following:

1. The list of studies or documents together with a brief synopsis of each study or document on the list.

2. A statement of how members of the public can obtain the Oak Ridges Moraine Strategy and any study or document on the list.

3. An invitation to members of the public to submit written comments on whether the draft list is complete, and whether any other study or document should be added to the list.

4. An address to which members of the public may direct written comments or questions on the draft list.

Finalizing the list

(4) Within 60 days after the day this Act receives Royal Assent, the Minister shall finalize the list of documents by adding any study or document to the list that the Minister considers to update or complete the information in the report mentioned in clause (a) of the definition of "Oak Ridges Moraine Strategy" in section 1.

Notice of final list

(5) The Minister shall give notice of the final list in the registry mentioned in subsection (2) and by any other means the Minister considers appropriate.

Planning area established

4. (1) The Oak Ridges Moraine is deemed to be a development planning area under section 2 of the Ontario Planning and Development Act, 1994.

Development plan

(2) The Minister shall cause a development plan for the Oak Ridges Moraine to be prepared under clause 2 (3) (b) of the Ontario Planning and Development Act, 1994, and that Act applies to the preparation, administration and enforcement of the development plan with necessary modifications.

Contents

(3) The development plan mentioned in subsection (2) shall implement the Oak Ridges Moraine Strategy in its entirety, and any further policies that the Minister considers would promote the protection of the Oak Ridges Moraine.

Time limit for preparation

(4) Within 120 days after the day this Act receives Royal Assent, the development plan shall be prepared and the Minister shall give notice of the proposed development plan under subsection 4 (2) of the Ontario Planning and Development Act, 1994.

Time limit for filing

(5) Within one year after the day this Act receives Royal Assent, the Minister shall submit the proposed development plan to the Lieutenant Governor in Council for approval under subsection 4 (7) of the Ontario Planning and Development Act, 1994.

Conservation Land Act

5. The Conservation Land Act is amended by adding the following section:

Definitions

1.1 (1) In this section,

"development" means,

(a) the construction, reconstruction, erection or placing of a building or structure of any kind,

(d) the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere; ("aménagement")

"Southern Ontario" means the parts of Ontario outside the territorial districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming and the City of Greater Sudbury. ("sud de l'Ontario")

Development control

(2) No person shall develop or cause or permit development,

(a) in an area of natural and scientific interest; or

(b) on a wetland in Southern Ontario with an area greater than two hectares.

Same

(3) Without limiting the generality of subsection (2), in exercising any authority, the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Ontario Municipal Board, shall not permit development,

(a) in an area of natural and scientific interest; or

(b) on a wetland in Southern Ontario with an area greater than two hectares.

Penalty

(4) Every person who is not a corporation and who contravenes subsection (2), and every director or officer of a corporation who knowingly concurs in the contravention by the corporation of that subsection, 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 of a day upon which the contravention has continued after the day on which the person was first convicted.

Corporation

(5) A corporation that contravenes subsection (2) is guilty of an offence and on conviction is liable,

(a) on a first conviction to a fine of not more than $50,000; and

(b) on a subsequent conviction to a fine of not more than $25,000 for each day or part of a day upon which the contravention has continued after the day on which the corporation was first convicted.

Order of prohibition

(6) If a conviction is entered under subsection (4) or (5), in addition to any other remedy or any penalty provided by law, the court in which the conviction has been entered, and any court of competent jurisdiction after that, may make an order prohibiting the continuation or repetition of the offence by the person convicted.

Development Charges Act, 1997

6. (1) Paragraph 3 of subsection 2 (4) of the Development Charges Act, 1997 is repealed.

(2) Section 2 of the Act is amended by adding the following subsection:

Proposals for redevelopment

(5.1) Despite subsection (1), and unless permitted by regulation, a development charge by-law may not impose development charges with respect to the redevelopment of land formerly used for commercial or industrial purposes.

7. Subsection 60 (1) of the Act is amended by adding the following clauses:

(c.1) establishing and governing restrictions and standards for a development charge by-law that imposes development charges to pay for the acquisition of land for parks;

. . . . .

(d.1) defining the circumstances when, and the type of land redevelopment projects to which, a municipality may impose development charges under subsection 2 (5.1);

(d.2) establishing and governing restrictions and standards for a development charge by-law under subsection 2 (5.1);

Ontario Municipal Board Act

8. Section 8 of the Ontario Municipal Board Act is repealed and the following substituted:

Tenure of office

8. Members of the Board shall hold office during pleasure, but no person shall serve as a member of the Board for a period greater than nine years.

9. Section 13 of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 71, is further amended by adding the following subsection:

Exception

(1.1) Despite subsection (1), an appeal to the Board under sections 17, 18, 22, 23 and 34 of the Planning Act shall be heard by a panel of at least two members of the Board.

Planning Act

10. (1) Subsection 17 (40) of the Planning Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 9, is amended by striking out "within 90 days after the day the plan is received by the approval authority" and substituting "within 180 days after the day the plan is received by the approval authority".

(2) Section 17 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 9 and amended by 1999, chapter 12, Schedule M, section 22, 2000, chapter 5, section 20 and 2000, chapter 26, Schedule K, section 5, is further amended by adding the following subsection:

Powers of L.G. in C.

(51) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Municipal Board in respect of the part or parts of the plan identified in a notice of appeal under subsection (25), (37) or (41) or in a transfer under subsection (49).

11. (1) Section 22 of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 13 and amended by 1999, chapter 12, Schedule M, section 23, is further amended by adding the following subsection:

Three-year limitation

(2.1) No person or public body shall make a request under subsection (1) or (2) unless three years has elapsed from the date the official plan was adopted or approved, as the case may be.

(2) Clause 22 (7) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by striking out "within 90 days after the day the request is received" and substituting "within 180 days after the day the request is received".

(3) Clause 22 (7) (d) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by striking out "within 90 days after the day the request is received" and substituting "within 180 days after the day the request is received".

(4) Subsection 22 (11) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by striking out "(49) and (50)" and substituting "(49), (50) and (51)".

12. (1) Subsection 34 (11) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 21, is further amended by striking out "within 90 days after the receipt by the clerk of the application" and substituting "within 180 days after the clerk receives the application".

(2) Section 34 of the Act, as amended by the Statutes of Ontario, 1993, chapter 26, section 53, 1994, chapter 23, section 21, 1996, chapter 4, section 20, 1999, chapter 12, Schedule M, section 25 and 2000, chapter 26, Schedule K, section 5, is further amended by adding the following subsection:

Powers of L.G. in C.

(27) The Lieutenant Governor in Council may confirm, vary or rescind the decision of the Municipal Board in respect of the part or parts of the by-law identified in the notice and in doing so may repeal the by-law, in whole or in part, or amend the by-law in the manner that the Lieutenant Governor in Council may determine.

(3) Subsection 34 (30) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 20, is amended by striking out "subsection 26" and substituting "subsection (26) or (27)".

13. Subsection 38 (5) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 23, is amended by striking out "subsections 34 (23) to (26)" and substituting "subsections 34 (23) to (27)".

Commencement and Short title

Commencement

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

Same

(2) Section 2 shall be deemed to have come into force on April 26, 2001.

Short title

15. The short title of this Act is the Ontario Natural Heritage Act, 2001.

EXPLANATORY NOTE

The Bill deems the Oak Ridges Moraine to be a development planning area under the Ontario Planning and Development Act, 1994, and requires the Minister to cause a development plan for the Oak Ridges Moraine to be prepared. The Minister is required to submit the proposed development plan to the Lieutenant Governor in Council for approval within one year after the day the Bill receives Royal Assent.

Until a development plan for the Oak Ridges Moraine under the Ontario Planning and Development Act, 1994 comes into effect, development on the Moraine must consider whether the areas of land and water affected by the development are areas of natural and scientific interest as defined in the Conservation Land Act.

The Minister is required to compile a list of studies or documents prepared by a ministry of the Government of Ontario, that updates or completes information gathered on the Oak Ridges Moraine.

The Bill amends the Conservation Land Act by prohibiting any authority from permitting development on areas of natural and scientific interest and on wetlands in Southern Ontario with an area greater than two hectares.

The Bill amends the Development Charges Act, 1997 to,

(a) allow a municipality to impose development charges for the acquisition of lands for parks;

(b) prohibit a municipality from imposing development charges for proposals to redevelop commercial and industrial lands, unless the development charge is permitted by regulation.

The Bill amends the Ontario Municipal Board Act to provide that no person shall serve as a member of the Board for a period greater than nine years. Any appeal related to an official plan or zoning by-law matter must be heard by a panel of at least two members of the Board.

The Bill amends the Planning Act to,

(a) allow the Lieutenant Governor in Council to confirm, vary or rescind any decision of the Ontario Municipal Board in respect of an appeal of an official plan or zoning by-law;

(b) prohibit a person from making a request for an official plan amendment unless three years have elapsed from the date the official plan was adopted or approved;

(c) extend the periods of time that must elapse before persons seeking decisions related to official plans or zoning by-laws can appeal to the Ontario Municipal Board.