Bill 27, Trafalgar Moraine Protection Act, 2003

Versions

Bill 27 2003

An Act to protect
the Trafalgar Moraine

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

Act applies to Trafalgar Moraine

1. This Act applies to land known as the Trafalgar Moraine as shown on Ontario Geological Survey Map P. 2715 published in Chapman and Putnam, Physiography of Southern Ontario (1984) and includes land that may be more particularly described by regulation made under this Act.

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 1, 2003 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 1, 2003 but before this Act receives Royal Assent is of no effect.

Matters stayed

4. (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 1, 2003.

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 1, 2003 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 1, 2003.

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 1, 2003 but before this Act receives Royal Assent is of no effect.

Establishment of Plan

5. (1) The Minister of Municipal Affairs and Housing may by regulation establish the Trafalgar Moraine Conservation Plan.

Copies

(2) The Minister shall ensure that a copy of the Plan is filed,

(a) in the offices of the Ministry of Municipal Affairs and Housing; and

(b) with the clerk of each municipality that has jurisdiction in the Trafalgar Moraine Area.

Objectives of Plan

6. The objectives of the Trafalgar Moraine Conservation Plan are,

(a) protecting the ecological and hydrological integrity of the Trafalgar Moraine Area;

(b) ensuring that only land and resource uses that maintain, improve or restore the ecological and hydrological functions of the Trafalgar Moraine Area are permitted;

(c) maintaining, improving and restoring all the elements that contribute to the ecological and hydrological functions of the Trafalgar Moraine Area, including the quality and quantity of its water and its other resources;

(d) ensuring that the Trafalgar Moraine Area is maintained as a continuous natural landform and environment for the benefit of present and future generations;

(e) providing for land and resource uses and development that are compatible with the other objectives of the Plan;

(f) providing for a continuous recreational trail through the Trafalgar Moraine Area that is accessible to all, including persons with disabilities; and

(g) providing for other public recreational access to the Trafalgar Moraine Area.

Contents of Plan

7. The Trafalgar Moraine Conservation Plan may,

(a) set out land use designations for land to which the Plan applies; and

(b) with respect to the areas affected by those land use designations,

(i) prohibit any use of land or the erection, location and use of buildings or structures for or except for such purposes as may be set out in the Plan,

(ii) restrict or regulate the use of land or the erection, location and use of buildings or structures, and

(iii) set out policies relating to land and resource protection and land development.

No cause of action results

8. (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 this Act.

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 this Act.

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 this Act, 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 1, 2003 is of no effect.

Regulations: Lieutenant Governor in Council

9. (1) The Lieutenant Governor in Council may make regulations prescribing land to be included in the Trafalgar Moraine.

Regulations: Minister

(2) The Minister of Municipal Affairs and Housing may make regulations establishing and governing the Trafalgar Moraine Conservation Plan.

Repeal

10. This Act is repealed on the day the Minister of Municipal Affairs and Housing establishes the Trafalgar Moraine Conservation Plan referred to in section 5.

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 Trafalgar Moraine Protection Act, 2003.

EXPLANATORY NOTE

The purpose of the Bill is,

(a) to stop any applications being made under sections 22, 34 and 51 of the Planning Act with respect to land in the Trafalgar Moraine;

(b) to stay any proceedings of the Ontario Municipal Board or of a joint board under the Consolidated Hearings Act in respect of land in the Trafalgar Moraine; and

(c) to stop any municipal council from taking any action under section 17, 21, 34, 36, 37, 38, 39 or 51 of the Planning Act in respect of land in the Trafalgar Moraine.

The restrictions would take effect on May 1, 2003. This Act is repealed on the day the Plan made by the Minister of Municipal Affairs and Housing to protect the environmentally sensitive areas and other natural features of the Trafalgar Moraine from development comes into force.