[37] Bill 42 Original (PDF)
Bill 42 2001
An Act to conserve and protect
the Oak Ridges Moraine
by stopping urban sprawl and
uncontrolled development and
promoting recreational,
commercial and agricultural
activities that are
environmentally sustainable
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,
"Commission" means the Oak Ridges Moraine Commission; ("Commission")
"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,
(c) site clearing or grading, or
(d) the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere,
but does not include an alteration of a minor nature to an existing structure used for residential or agricultural purposes that does not pose a significant risk to the natural environment of the Oak Ridges Moraine Bioregion; ("aménagement")
"local plan" means an official plan under the Planning Act; ("plan local")
"Minister" means the member of the Executive Council to whom the administration of this Act is assigned; ("ministre")
"ministry" means any ministry of the Government of Ontario and includes a board, commission or agency of the Government; ("ministère")
"Oak Ridges Moraine Bioregion" means the area of land in Ontario designated as such by the Minister under this Act; ("région biogéographique de la moraine d'Oak Ridges")
"Oak Ridges Moraine Bioregion Plan" means a plan, policy and program, or any part thereof, approved by the Lieutenant Governor in Council, covering the Oak Ridges Moraine Bioregion, or any part thereof defined in the Plan, designed to promote the optimum economic, social, environmental and physical condition of the area, and consisting of the texts and maps describing the program and policy; ("plan de la région biogéographique de la moraine d'Oak Ridges")
"Oak Ridges Moraine Strategy" means 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; ("stratégie visant la moraine d'Oak Ridges")
"zoning by-law" means a by-law passed under section 34 of the Planning Act or any predecessor thereof and approved by the Ontario Municipal Board. ("règlement municipal de zonage")
Purpose of Act
2. The purpose of this Act is to provide for the maintenance of the Oak Ridges Moraine and land in its vicinity as a continuous natural environment, and to ensure only such development occurs as is compatible with that natural environment.
Development control
3. (1) 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 on the Oak Ridges Moraine.
Conflict
(2) Subsection (1) applies despite any other Act.
Exception
(3) 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 May 1, 2001.
Designation of additional land
(4) The Minister may make an order designating any land as land that forms part of the geological feature known as the Oak Ridges Moraine.
Effect of filing development plan
(5) Subsection (1) ceases to apply on the day the Oak Ridges Moraine Bioregion Plan comes into force.
Definition
(6) In this section,
"Oak Ridges Moraine" means,
(a) the land identified as belonging to the Oak Ridges Moraine in the Oak Ridges Moraine Strategy, and
(b) any additional land designated under subsection (4).
Establishment of Oak Ridges Moraine Bioregion
4. (1) The Minister shall by order establish as the Oak Ridges Moraine Bioregion the area of land in Ontario defined in the order and the Minister may alter the boundaries of the Bioregion by amendment to the order.
Same
(2) The Oak Ridges Moraine Bioregion shall, at a minimum, include,
(a) the land identified as belonging to the Oak Ridges Moraine, as described in the Oak Ridges Moraine Strategy;
(b) any other additional land that forms part of the geological feature known as the Oak Ridges Moraine; and
(c) any land, in addition to the land referred to in clauses (a) and (b), that is reasonably necessary to provide a buffer from other land uses that may pose a risk to the integrity of the Moraine.
Direction by Minister to prepare Oak Ridges Moraine Bioregion Plan
(3) Where the Oak Ridges Moraine Bioregion has been established under subsection (1), the Minister shall include in the order a direction to the Commission that it carry out an investigation and survey of the environmental, physical, social and economic conditions in relation to the development of the Bioregion or any part thereof, and that there be prepared, within a period of two years or such other period of time as the Minister in his or her order determines, a plan suitable for approval as the Oak Ridges Moraine Bioregion Plan.
Order or amending order to be laid before Assembly
(4) Where any order or amendment thereto is made under subsection (1), the Minister shall, on the day the order or amending order is made, or as soon thereafter as is practicable, lay the order or amending order before the Assembly if it is in session or, if not, at the commencement of the next session and the Assembly shall, by resolution, declare the order or amending order approved, revoked or varied.
Oak Ridges Moraine Commission established
5. (1) A commission is hereby established to be known as the Oak Ridges Moraine Commission in English and Commission de la moraine d'Oak Ridges in French.
Members
(2) The Commission shall be composed of 21 members appointed as follows:
1. The Greater Toronto Services Board shall appoint three persons who are members of the Board.
2. Each of the following municipal councils shall appoint one person,
i. the County of Dufferin,
ii. The Regional Municipality of Durham,
iii. the County of Northumberland,
iv. The Regional Municipality of Peel,
v. the County of Peterborough,
vi. the County of Simcoe,
vii. the City of Kawartha Lakes, and
viii. The Regional Municipality of York.
3. Each of the following conservation authorities shall appoint one person,
i. Central Lake Ontario Conservation Authority,
ii. Ganaraska Region Conservation Authority,
iii. Kawartha Region Conservation Authority,
iv. Lake Simcoe Region Conservation Authority,
v. Lower Trent Region Conservation Authority,
vi. Nottawasaga Valley Conservation Authority,
vii. Otonabee Region Conservation Authority, and
viii. Toronto and Region Conservation Authority.
4. The Lieutenant Governor in Council shall appoint two persons from the public at large.
Term of office
(3) Each member of the Commission shall hold office for a term of five years.
Eligibility
(4) No person shall be appointed as a member of the Commission under subsection (2) if there is a material conflict of interest between the person's role as a member and the person's role in any other capacity.
When Commission deemed established
(5) The Commission shall be deemed to be established when a majority of the number of members has been appointed, and it may then proceed to carry out the functions conferred upon it under this Act, even if the remaining number of members has not been appointed.
Chair
(6) The Minister may designate one of the members appointed under subsection (2) to be chair of the Commission.
Remuneration
(7) The members of the Commission shall be paid such remuneration and expenses as the Minister from time to time determines.
Quorum
(8) Eleven members of the Commission constitute a quorum.
Employees
(9) Such employees as are considered necessary from time to time for the purposes of the Commission may be appointed under the Public Service Act.
Professional assistance
(10) Subject to the approval of the Minister, the Commission may engage persons to provide professional, technical or other assistance to the Commission.
Seconding of staff to Commission
(11) In the performance of its functions, the Commission may be assisted by such persons in the public service of Ontario as the Minister designates for the purpose.
Commission is body corporate
(12) The Commission is a body corporate without share capital.
Non-application
(13) The Corporations Act does not apply to the Commission.
Powers of Commission
6. (1) In addition to any other powers provided by this Act, the Commission may,
(a) provide financial support for initiatives in the Oak Ridges Moraine Bioregion related to,
(i) eco-tourism,
(ii) commercial and recreational activities that do not adversely affect the natural environment, including fishing, hiking, bird-watching and canoeing,
(iii) agriculture practices and uses that are environmentally sustainable, including organic farming and apple orchards,
(iv) green entrepreneurship, and
(v) education programs that promote awareness in respect of the importance and uniqueness of the Bioregion;
(b) preserve the heritage of the Oak Ridges Moraine by protecting sites of architectural and historical interest;
(c) make grants and loans in such amounts and upon such terms as the Commission considers advisable to conservation authorities and environmental groups in the Oak Ridges Moraine Bioregion;
(d) gather, publish and disseminate information relating to environmental conservation and protection generally;
(e) conduct research related to the ecological systems that make up the Oak Ridges Moraine Bioregion;
(f) conduct studies of environmental planning designed to lead to the wise use of the natural environment of the Oak Ridges Moraine Bioregion;
(g) develop and implement planning policies to discourage urban sprawl in the Oak Ridges Moraine Bioregion;
(h) support and facilitate the establishment of local land trusts and conservation areas and assist in the granting of easements to land trusts and conservation authorities;
(i) convene conferences and conduct seminars and educational programs relating to the Oak Ridges Moraine; and
(j) appoint committees to carry out the functions described in clauses (a) to (i).
Definition
(2) In subclause (1) (a) (iv),
"green entrepreneurship" means programs that encourage the establishment of business ventures in the Oak Ridges Moraine Bioregion and that do not pose a risk to the natural environment of the Bioregion.
Public consultation during preparation of plan
7. During the course of the preparation of the Oak Ridges Moraine Bioregion Plan, the Commission shall consult with the public, the minister of any affected ministry and with the council of each municipality within or partly within the Oak Ridges Moraine Bioregion, with respect to the proposed contents of the Plan.
Objectives
8. In preparing the Oak Ridges Moraine Bioregion Plan, and when exercising any power under this Act, the objectives to be sought by the Commission in the Oak Ridges Moraine Bioregion shall be,
(a) to ensure the long-term viability of the Oak Ridges Moraine countryside by preserving and protecting a permanent rural area that retains the character and quality of life attributes that are intrinsic to the Moraine;
(b) to focus the projected population growth on the Oak Ridges Moraine to the fully serviced urban areas so as to alleviate the pressure of urban sprawl in the Oak Ridges Moraine countryside;
(c) to reinforce the agricultural industry and its associated services as an important base of the Oak Ridges Moraine and to protect the agricultural land base from land use conflicts;
(d) to protect the significant natural features, functions, processes and inter-connections of the natural environment of the Oak Ridges Moraine in order to maintain a healthy, sustainable ecosystem;
(e) to support and promote a diversity of tourism, recreational and open space opportunities and linkages that are compatible with the character and environmental sensitivity of the Oak Ridges Moraine countryside;
(f) to support and reinforce a stable and diverse rural economy that is compatible with the environment and character of the Oak Ridges Moraine countryside;
(g) to protect historic areas;
(h) to maintain and enhance the open landscape character of the Oak Ridges Moraine;
(i) to ensure that all new development is compatible with the purpose of this Act as expressed in section 2;
(j) to provide for adequate public access to the Oak Ridges Moraine; and
(k) to support municipalities within the Oak Ridges Moraine Bioregion in their exercise of the planning functions conferred upon them by the Planning Act.
Contents of Plan
9. (1) The Oak Ridges Moraine Bioregion Plan shall implement,
(a) the Oak Ridges Moraine Strategy in its entirety;
(b) a watershed protection and water regeneration plan based, in part, on the recommendations set out in,
(i) the Oak Ridges Moraine Strategy, and
(ii) the report entitled "The Regional Municipality of Halton Draft Aquifer Management Plan" dated October 1999; and
(c) such programs and policies as each minister desires to be incorporated in the Plan, in so far as the Commission considers it practicable.
Additional contents
(2) In addition to the contents described in subsection (1), the Oak Ridges Moraine Bioregion Plan may contain,
(a) policies for the economic, social and physical development of the Oak Ridges Moraine Bioregion in respect of,
(i) the management of land and water resources,
(ii) the general distribution and density of population,
(iii) the general location of industry and commerce, the identification of major land use areas and the provision of major parks and open space and the policies in regard to the acquisition of lands,
(iv) the control of all forms of pollution of the natural environment,
(v) the general location and development of major servicing, communication and transportation systems,
(vi) the development and maintenance of educational, cultural, recreational, health and other social facilities, and
(vii) such other matters as are, in the opinion of the Minister, advisable;
(b) policies relating to the financing and programming of public development projects and capital works;
(c) policies to co-ordinate the planning and development programs of the various ministries for the Oak Ridges Moraine Bioregion;
(d) policies to co-ordinate planning and development among municipalities within the Oak Ridges Moraine Bioregion;
(e) policies designed to ensure compatibility of development by the private sector; and
(f) such other policies as are, in the opinion of the Minister, advisable for the implementation of the Plan.
Preparation of Plan
10. (1) During the course of preparation of the Oak Ridges Moraine Bioregion Plan, the Commission shall,
(a) furnish each local municipality within or partly within the Oak Ridges Moraine Bioregion with a copy of the proposed Plan and invite each such municipality to make comments thereon to the council of the county or regional municipality within which it is situate within such period of time, not being less than three months from the time the Plan is furnished to it, as is specified;
(b) publish a notice in such newspapers having general circulation in any area that is within the Oak Ridges Moraine Bioregion as the Commission considers appropriate, notifying the public of the proposed Plan, indicating where a copy of the Plan together with the material used in the preparation thereof mentioned in subsection (5) can be examined, and inviting the submission of comments thereon within such period of time, not being less than three months from the time the notice is first published, as is specified;
(c) furnish copies of the proposed Plan to any advisory committee appointed under section 4 and invite any such committee to make comments thereon within such period of time, not being less than three months from the time the Plan is furnished to it, as is specified; and
(d) furnish a copy of the proposed Plan to each county and regional municipality within or partly within the Oak Ridges Moraine Bioregion and invite them, after giving consideration to the comments received from the local municipalities under clause (a), to make comments on the proposed Plan to the Commission within such period of time, not being less than four months from the time the Plan is furnished to them, as is specified.
Hearing officer
(2) Prior to, upon or after the expiration of the time for the making of comments on the proposed Plan, the Commission shall appoint one or more hearing officers for the purpose of conducting one or more hearings, as the Minister may determine, within the Oak Ridges Moraine Bioregion or in the general proximity thereof for the purpose of receiving representations respecting the contents of the Plan by any person desiring to make representations and separate hearings may be conducted at different times and places in respect of different parts of the Oak Ridges Moraine Bioregion.
Notice of hearing
(3) A hearing officer shall fix the time and place for the hearing or hearings, as determined under subsection (2), and shall publish notice thereof in such newspapers having, in his or her opinion, general circulation in any area that is within the Oak Ridges Moraine Bioregion as he or she considers appropriate.
Time of hearing
(4) The time fixed for any hearing under subsection (3) shall be not sooner than three weeks after the first publication of the notice of the hearing and not before the expiration of the time for making of comments on the proposed Plan.
Procedure at hearing
(5) At any such hearing, the Commission, or any person appointed by the Commission, shall present the proposed Plan and the justification therefor and shall make available for public inspection research material, reports, plans and the like that were used in the preparation of such Plan and, subject to the rules of procedure adopted by the hearing officer for the conduct of the hearing, the persons presenting the Plan may be questioned on any aspect of the Plan by any interested person.
Report of hearing officer
(6) Not more than three months after the conclusion of the hearing or of the last hearing if more hearings than one are held or within such extended time as the Commission prescribes, the hearing officer conducting the hearing or hearings shall report to the Commission a summary of the representations made together with a report stating whether the Plan should be accepted, rejected or modified, giving his or her reasons therefor, and shall at the same time furnish the Minister with a copy of the report and separate reports shall be submitted for each part of the Oak Ridges Moraine Bioregion for which a hearing or hearings was held.
Submission of Plan to Minister
(7) After giving consideration to the comments received and the report, or reports if there is more than one, of the hearing officer, the Commission shall submit the proposed Plan with its recommendations thereon to the Minister.
Inspection of proposed Plan and report
(8) A copy of the proposed Plan and the recommendations thereon as submitted to the Minister, together with a copy of the report, or reports if there is more than one, of the hearing officer, shall be made available in the office of the Minister, in the office of the clerk of each municipality, the whole or any part of which is within the Oak Ridges Moraine Bioregion, and in such other offices and locations as the Minister determines, for inspection by any person desiring to do so.
Submission of proposed Plan to L.G. in C.
(9) After having received the proposed Plan from the Commission and after giving consideration to the recommendations of the Commission and the report, or reports if there is more than one, of the hearing officer, the Minister shall submit the proposed Plan with his or her recommendations thereon to the Lieutenant Governor in Council.
When report not approved
(10) If the recommendation of the Minister to the Lieutenant Governor in Council is other than that the report, or reports if there is more than one, of the hearing officer, be approved, then the Minister shall give public notice to this effect, state his or her intentions and a period of 21 days allowed when representations in writing can be made by anyone concerned to the Lieutenant Governor in Council.
Approval of Plan by L.G. in C.
(11) The Lieutenant Governor in Council may approve the Plan or may approve the Plan with such modifications as the Lieutenant Governor in Council considers desirable, and thereupon the Plan is the Oak Ridges Moraine Bioregion Plan for the Oak Ridges Moraine Bioregion.
Lodging of Plan
11. (1) A copy of the Oak Ridges Moraine Bioregion Plan and of every amendment or modification thereto certified by the Minister shall be lodged forthwith with the clerk of each municipality, all or part of which is within the Oak Ridges Moraine Bioregion.
Same
(2) A copy of the Oak Ridges Moraine Bioregion Plan and of every amendment or modification thereto certified by the Minister shall be lodged forthwith in every land registry office of lands within the Oak Ridges Moraine Bioregion, where it shall be made available to the public.
Amendments to Plan
12. (1) An amendment to the Oak Ridges Moraine Bioregion Plan may be initiated by the Minister or by the Commission, and application may be made to the Commission by any person, ministry or municipality requesting an amendment to the Plan.
Approval of amendment to Plan by L.G. in C.
(2) Where the Minister or the Commission initiates an amendment to the Oak Ridges Moraine Bioregion Plan or, subject to subsection (3), where the Commission receives an application requesting an amendment to the Plan, the provisions of this Act relating to consultation, the submission of comments and the holding of hearings apply with necessary modifications to the consideration of the proposed amendment, following which the Minister shall submit the amendment with his or her recommendations thereon to the Lieutenant Governor in Council and the Lieutenant Governor in Council may refuse to approve the amendment or may approve it or may approve the amendment with such modifications as the Lieutenant Governor in Council considers desirable, and in the event an amendment is approved, the Plan as so amended is thereupon the Oak Ridges Moraine Bioregion Plan for the Oak Ridges Moraine Bioregion.
Frivolous, etc., applications
(3) Where, in the opinion of the Commission, an application for an amendment is not made in good faith, or is frivolous or is made only for the purpose of delay, the Commission shall inform the Minister of its opinion and where the Minister concurs in that opinion the Minister shall inform the applicant in writing of his or her opinion and notify the applicant that unless the applicant makes written representations thereon to the Minister within such time as the Minister specifies in the notice, not being less than 15 days from the time the notice is given, the provisions of subsection (2) in respect of the consideration of the amendment shall not apply, and approval of the amendment shall be deemed to be refused.
Same
(4) Where representations are made to the Minister under subsection (3), the Minister, after giving consideration thereto, shall inform the applicant in writing either that the Minister's opinion is confirmed and that approval of the amendment is deemed to be refused or that the Minister has directed that consideration of the amendment be proceeded with in accordance with subsection (2).
By-laws, etc., to conform to Plan
13. (1) Despite any other general or special Act, when the Oak Ridges Moraine Bioregion Plan is in effect,
(a) no municipality or local board having jurisdiction in the Oak Ridges Moraine Bioregion, or in any part thereof, and no ministry shall undertake any improvement of a structural nature or any other undertaking within the area; and
(b) no municipality having jurisdiction in such area shall pass a by-law for any purpose,
that is in conflict with the Oak Ridges Moraine Bioregion Plan.
Minister may deem by-law, etc., conforms to Plan
(2) The Minister, upon the application of the council of a municipality having jurisdiction in the Oak Ridges Moraine Bioregion, or in any part thereof, may in writing declare that a by-law, improvement or other undertaking of such municipality shall be deemed not to conflict with the Oak Ridges Moraine Bioregion Plan, if the Minister is of the opinion that the by-law, improvement or undertaking conforms with the general intent and purpose of the Plan.
Conflict
14. Despite any other general or special Act, where the Oak Ridges Moraine Bioregion Plan is in effect and there is a conflict between any provision of the Plan and any provision of a local plan or any provision of a zoning by-law covering any part of the Oak Ridges Moraine Bioregion, then the provision of the Oak Ridges Moraine Bioregion Plan prevails.
Minister may require submission of proposals to resolve conflict
15. (1) Where, in the opinion of the Minister, a local plan or a zoning by-law that covers any part of the Oak Ridges Moraine Bioregion is in conflict with the provisions of the Oak Ridges Moraine Bioregion Plan, the Minister shall advise the council of the municipality that adopted the local plan or that passed the zoning by-law of the particulars wherein the local plan or zoning by-law conflicts with the Oak Ridges Moraine Bioregion Plan and shall invite the municipality to submit, within such time as the Minister specifies, proposals for the resolution of the conflict.
Power of Minister to amend local plan
(2) Where the council of the municipality fails to submit proposals to resolve the conflict within the time specified by the Minister, or where after consultation with the Minister on such proposals the conflict cannot be resolved, and the Minister so notifies in writing the council of the municipality, the Minister may by order amend the local plan so as to make it conform to the Oak Ridges Moraine Bioregion Plan, and the order when made shall have the same effect as though it were an amendment to the local plan made by the council of the municipality and approved by the Minister of Municipal Affairs and Housing.
Minister may require adoption of local plan or passage of zoning by-law
16. Where the Oak Ridges Moraine Bioregion Plan is in effect in a municipality or any part thereof and the municipality does not have a local plan in effect or has not passed a zoning by-law or by-laws covering the municipality or that part of the municipality covered by the Plan, the council of the municipality, upon being notified in writing by the Minister of that fact, shall, within such time as is specified in the notice, prepare and adopt a local plan or pass a zoning by-law or by-laws that conform to the Oak Ridges Moraine Bioregion Plan and submit to the Minister of Municipal Affairs and Housing the local plan for approval or submit to the Ontario Municipal Board the zoning by-law or by-laws for approval, as the case requires.
Review of Plan
17. (1) Not later than five years from the day on which the Oak Ridges Moraine Bioregion Plan comes into effect, the Minister shall cause a review of the Plan to be undertaken, and the provisions of this Act relating to consultation, the submission of comments and the holding of hearings apply with necessary modifications to the review, following which the Minister shall submit to the Lieutenant Governor in Council a report on the review of the Plan with his or her recommendations thereon.
L.G. in C. may confirm Plan or approve modifications
(2) The Lieutenant Governor in Council may confirm the Plan or may approve the Plan with such modifications as the Lieutenant Governor in Council considers desirable, and thereupon the confirmed Plan or the modified Plan is the Oak Ridges Moraine Bioregion Plan for the Oak Ridges Moraine Bioregion.
Continuing review of Plan
(3) Subsections (1) and (2) apply with necessary modifications to the confirmed or modified Oak Ridges Moraine Bioregion Plan, and so on at intervals of not greater than five years, to the end that the Plan shall be subject to continuing review and if desirable, modification, at such periodic intervals.
Power to acquire land
18. (1) For the purposes of developing any feature of the Oak Ridges Moraine Bioregion Plan, the Minister may, for and in the name of Her Majesty, acquire by purchase, lease or otherwise, or, subject to the Expropriations Act, without the consent of the owner, enter upon, take and expropriate and hold any land or interest therein within the Oak Ridges Moraine Bioregion and sell, lease or otherwise dispose of any such land or interest therein.
Power of designated minister
(2) The Lieutenant Governor in Council may designate any minister of the Crown in respect of any land acquired under subsection (1), and thereupon the minister so designated may, for the purpose of developing any feature of the Oak Ridges Moraine Bioregion Plan,
(a) clear, grade or otherwise prepare the land for development or may construct, repair or improve buildings, works and facilities thereon; or
(b) sell, lease or otherwise dispose of any of such land or interest therein.
Grants
19. Where a municipality is invited to submit proposals to the Minister under section 15 to resolve a conflict between a local plan or zoning by-law and the Oak Ridges Moraine Bioregion Plan or is required under section 16 to prepare and adopt a local plan or pass a zoning by-law or by-laws, the Minister may, out of the money appropriated therefor by the Legislature, make grants to any such municipality towards the costs of preparing such proposals, plans or by-laws or towards those expenditures incurred in preparing local plans and zoning by-laws, which are rendered invalid by the Oak Ridges Moraine Bioregion Plan.
Financial assistance
20. When the Oak Ridges Moraine Bioregion Plan is in effect, the Minister may, out of the money appropriated therefor by the Legislature, provide financial assistance to any person, organization or corporation, including a municipal corporation, undertaking any policy or program that implements the Plan.
Regulations
21. The Minister may make regulations designating any area or areas of land within the Oak Ridges Moraine Bioregion as an area of development control.
Regulations
22. The Minister may make regulations,
(a) providing that where an area of development control is designated, such zoning by-laws and such orders made under section 47 of the Planning Act, or any part thereof, as are designated in the regulation, cease to have effect in the area or in any defined part thereof, provided that where land is removed from an area of development control such land is thereupon subject again to the aforementioned by-laws or orders or parts thereof, as the case may be, unless in the meantime such by-laws or orders or parts thereof have been repealed or revoked;
(b) providing for the issuance of development permits and prescribing terms and conditions of permits;
(c) providing for the exemption of any class or classes of development within any development area from the requirement of obtaining a development permit;
(d) prescribing the form of application for a development permit.
Development permits
23. (1) Despite any other general or special Act, where an area of development control is established by regulation made under section 21, no person shall undertake any development in the area unless such development is exempt under the regulations or unless a development permit is issued by the Minister in respect of the development, or where the Minister has under section 24 delegated his or her authority to the Commission, a development permit is issued by the Commission.
Terms and conditions
(2) The Minister may, where issuing a development permit under subsection (1), attach such terms and conditions thereto as he or she considers desirable.
Other permits
(3) No building permit or other permit relating to development shall be issued in respect of any land, building or structure within an area of development control, unless a development permit has been issued under this Act relating to such land, building or structure, and no such building or other permit shall be issued that does not conform to the development permit.
Offence
(4) 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
(5) Despite subsection (4), if a corporation is convicted under subsection (1), the maximum penalty that may be imposed is,
(a) on a first conviction a fine of not more than $50,000; and
(b) on a subsequent conviction 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.
Order to demolish, etc.
(6) Where any person undertakes any development that is in contravention of subsection (1), the Minister may order such person to demolish any building or structure erected in connection with the development or to restore the site to the condition it was in prior to the undertaking of the development, or both, within such time as the order specifies.
Cost of work
(7) Where a person to whom an order is directed under subsection (6) fails to comply with the order within the time specified in it, the Minister may cause the necessary work to be done and charge such person with the cost thereof, which cost may be recovered with costs, as a debt due to Her Majesty, in any court of competent jurisdiction.
Delegation of authority
(8) Where the Minister has delegated his or her authority under section 24, the Commission has, in lieu of the Minister, all the powers and rights of the Minister under subsections (6) and (7).
Delegation to Commission, etc.
24. (1) The Minister may in writing, and subject to such conditions as he or she considers appropriate, delegate to the Commission authority to issue development permits.
Withdrawal of delegation
(2) The Minister may in writing withdraw any delegation made under subsection (1) where, in his or her opinion, it is in the public interest to do so.
Commission, etc., power of decision
(3) Where the Minister has delegated his or her authority under subsection (1), the Commission, on receiving an application for a development permit and, after giving consideration to the merits of the application, may make a decision to issue the development permit or to refuse to issue the permit or to issue the permit subject to such terms and conditions as it considers desirable.
Notification of decision
(4) The Commission shall by regular or registered mail cause a copy of the decision made by it on any application for a development permit to be mailed to the Minister, to the applicant for the permit and to all assessed owners of land lying within 120 metres of the land that is the subject of the application and every copy of such decision shall include a notice specifying that any person receiving a copy of the decision, other than the Minister, may, within 14 days of the mailing of it, appeal in writing to the Minister against the decision.
Hearing officer
(5) Where the Minister receives a copy of a decision under subsection (4), the Minister may, within 14 days of the mailing of it, request the Lieutenant Governor in Council to appoint an officer for the purpose of conducting a hearing at which representations may be made respecting the decision.
Procedure
(6) Where the Lieutenant Governor in Council appoints a hearing officer at the request of the Minister under subsection (5), subsections (9), (10) and (11) apply with necessary modifications and any reference in those subsections to the Minister shall be deemed to be a reference to the Lieutenant Governor in Council.
Hearing officer, appointment by Minister
(7) Where the Minister receives one or more notices of appeal under subsection (4), the Minister shall appoint an officer for the purpose of conducting a hearing at which representations may be made respecting the decision.
Confirmation of decision
(8) Unless, within the time specified in subsection (4), the Minister receives one or more notices of appeal or unless the Minister has under subsection (5) requested the appointment of a hearing officer, the decision of the Commission shall be deemed to be confirmed.
Time of hearing
(9) The officer appointed to inquire under subsection (7) shall fix a time and place for a hearing and shall send by regular or registered mail written notice thereof to each person to whom notice of the decision was sent under subsection (4).
Report
(10) After the conclusion of the hearing, the officer appointed shall report to the Minister a summary of the representations made, together with his or her opinion on the merits of the decision.
Power of Minister to confirm, etc., decision
(11) After giving consideration to the report of the officer, the Minister may confirm the decision or may vary the decision or make any other decision that, in his or her opinion, ought to have been made and the decision of the Minister under this section is final.
Notice of application
25. (1) Where the Minister has not delegated his or her authority under section 24 and the Minister receives an application for a development permit, the Minister shall, by personal service or by regular or registered mail, cause a written notice of the application, together with a brief statement of the nature of the application, to be delivered or mailed to all assessed owners of land lying within 120 metres of the land that is the subject of the application and every such notice shall specify the time within which any person receiving it may file with the Minister written notice of the person's objection to the issuance of a development permit.
Minister may issue, etc., permit
(2) Subject to subsection (7), unless within the time specified in the notice referred to in subsection (1) a notice objecting to the issuance of a development permit is filed with the Minister, the Minister may issue the development permit, refuse to issue the permit or issue the permit subject to such terms and conditions as he or she considers advisable.
Hearing officer, appointment by Minister
(3) Where a notice of objection to the issuance of a development permit is filed with the Minister within the time specified in the notice referred to in subsection (1), the Minister shall appoint an officer for the purpose of conducting a hearing at which representations may be made respecting the issuance of the development permit.
Time of hearing
(4) The officer appointed to inquire under subsection (3) shall fix a time and place for a hearing and shall send by regular or registered mail written notice thereof to the applicant for the development permit and to each person to whom notice of the application was sent under subsection (1).
Report
(5) After the conclusion of the hearing, the officer appointed shall report to the Minister a summary of the representations made together with his or her opinion on the merits of the application for the development permit.
Minister may issue, etc., permit
(6) After giving consideration to the report of the officer appointed to inquire into the matter, the Minister may issue the development permit, refuse to issue the permit or issue the permit subject to such terms and conditions as he or she considers advisable.
Hearing officer, appointment by Minister
(7) The Minister where he or she considers it desirable may, and at the request of the applicant for the development permit made at the time of submitting the application to the Minister shall, appoint an officer for the purpose of conducting a hearing into the matter, and, where the Minister does so, subsections (4), (5) and (6) apply with necessary modifications.
Decision final
(8) The Minister's decision made under this section is final.
Agreement for fixed assessment
26. (1) Where the use of any land within the Oak Ridges Moraine Bioregion is not in conformity with the use designated for such land in the Oak Ridges Moraine Bioregion Plan or in any local plan covering such land, and the assessment of such land is increased because of such designation, the local municipality in which the land is situate and the owner of the land may, with the approval of the Minister, enter into an agreement providing for a fixed assessment for the land reflecting the use to which the land is being put, to apply to taxation for general, school and special purposes, but not to apply to taxation for local improvements.
Term of agreement
(2) Every such agreement shall be for such term of years not exceeding three as the Minister approves and the Minister may, in granting his or her approval, attach such terms and conditions thereto as the Minister considers appropriate.
Procedure
(3) Where a parcel of land has a fixed assessment under subsection (1),
(a) the land shall be assessed in each year as if it did not have a fixed assessment;
(b) the treasurer of the local municipality shall calculate each year what the taxes would have been on the land if it did not have a fixed assessment;
(c) the treasurer shall keep a record of the difference between the taxes paid each year and the taxes that would have been paid if the land did not have a fixed assessment and shall debit the land with this amount each year during the term of the agreement and shall add to such debit on January 1 in each year such interest as may be agreed upon the aggregate amount of the debit on such date.
Payment to municipality
(4) The Minister may, out of the money appropriated therefor by the Legislature, pay in each year to a local municipality in respect of which an agreement made under subsection (1) is in force, an amount of money equal to the difference in the taxes paid pursuant to the agreement and the taxes that would have been paid if the land covered by the agreement did not have a fixed assessment.
Apportionment
(5) Where a local municipality receives an amount of money under subsection (4), the council of the local municipality shall apportion the amount to each body in the same manner as taxes would have been apportioned if taxes had been levied in the normal manner on the assessment in accordance with clause (3) (a).
When agreement terminated
(6) Where the land or a part thereof that is subject to an agreement under subsection (1) ceases to be put to the use that was the basis for determining the fixed assessment, the agreement is thereupon terminated with respect to the land or such part thereof.
Registration of agreement
(7) Any agreement entered into under subsection (1) may be registered against the land affected by the agreement and, when registered, such agreement runs with the land and the provisions thereof are binding upon and enure to the benefit of the owner of the land and, subject to the provisions of the Registry Act, any and all subsequent owners of the land.
Termination of agreement, as to all lands
(8) Where an agreement is for any reason terminated in respect of the whole of the land, the owner shall pay to the local municipality the amount debited against the land, including the amounts of interest debited in accordance with clause (3) (c).
As to part of lands
(9) Where an agreement is for any reason terminated in respect of a part of the land, the owner shall pay to the local municipality that portion of the amount debited against the land, including the amounts of interest debited in accordance with clause (3) (c), that is attributable to the portion of the land in respect of which the agreement is terminated.
Payment to Minister
(10) Where a local municipality receives a payment under subsection (8) or (9), the treasurer of the municipality shall forthwith pay the amount of money received, including the amount of debited interest, to the Minister.
Termination of agreement by owner
(11) An agreement may be terminated on December 31 in any year upon the owner of the land that is the subject of the agreement giving six months notice of such termination in writing to the municipality.
Apportionment
(12) For the purposes of an apportionment required under any Act, the assessment used as the basis for such apportionment shall include the assessment determined under clause (3) (a).
Commencement
27. This Act comes into force on the day it receives Royal Assent.
Short title
28. The short title of this Act is the Oak Ridges Moraine Conservation, Protection and Promotion Act, 2001.
EXPLANATORY NOTE
The Bill requires the Minister to establish an area of land as the Oak Ridges Moraine Bioregion. The Bill creates the Oak Ridges Moraine Commission, which must prepare the Oak Ridges Moraine Bioregion Plan, after specified public consultation. A temporary development freeze is imposed on the Oak Ridges Moraine until the Plan comes into force. Some of the objectives to be sought by the Commission in preparing the Plan include:
1. To ensure the long-term viability of the Oak Ridges Moraine countryside by preserving and protecting a permanent rural area that retains the character and quality of life attributes that are intrinsic to the Moraine.
2. To focus the projected population growth on the Oak Ridges Moraine to the fully serviced urban areas so as to alleviate the pressure of urban sprawl in the Oak Ridges Moraine countryside.
3. To reinforce the agricultural industry and its associated services as an important base of the Oak Ridges Moraine and to protect the agricultural land base from land use conflicts.
4. To protect the significant natural features, functions, processes and inter-connections of the natural environment of the Oak Ridges Moraine in order to maintain a healthy, sustainable ecosystem.
Once the Plan is approved by the Lieutenant Governor in Council, affected ministries, municipalities and local boards may not undertake any development that is in conflict with the Plan. Municipalities may not pass by-laws in conflict with the Plan. The Plan may be amended from time to time. Minor alterations to existing structures used for residential or agricultural purposes are also explicitly exempted from the application of the Bill.
In addition to preparing the Plan, the Bill empowers the Commission to provide support for initiatives in the Bioregion related to eco-tourism, green entrepreneurship, commercial and recreational activities that do not adversely affect the natural environment and education programs. The Commission is also empowered to make grants and loans to conservation authorities and environmental groups in the Oak Ridges Moraine Bioregion, to develop and implement planning policies to discourage urban sprawl in the Bioregion, and to gather, publish and disseminate information relating to environmental conservation and protection generally.