Bill 178, Greenbelt Amendment Act (Permanent Greenbelt), 2005

Versions

Bill 178 2005

An Act to amend the
Greenbelt Act, 2005 to create
a permanent greenbelt

Note: This Act amends the Greenbelt Act, 2005. The Greenbelt Act, 2005 has not previously been amended.

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

1. Subsection 1 (1) of the Greenbelt Act, 2005 is amended by adding the following definition:

"Greenbelt Area Tribunal" means the Tribunal established under section 14.1; ("Tribunal de la zone de la ceinture de verdure")

2. (1) Subsection 2 (2) of the Act is amended by striking out "and" at the end of clause (b) and by striking out clause (c) and substituting the following:

(d) parts of Northumberland County that are shown as situated to the south of the Greenbelt Area and bordering Lake Ontario on the map set out in Schedule 1 to the document entitled "Greenbelt Draft Plan" published by the Queen's Printer of the Government of Ontario and dated October, 2004 and that include lands forming part of,

(i) the municipality of Port Hope,

(ii) the Township of Hamilton,

(iii) the Township of Alnwick-Haldimand, and

(iv) the Township of Cramahe;

(e) the areas of land situated between the following two types of land depicted in the map set out in Schedule 1 to the document entitled "Greenbelt Draft Plan" published by the Queen's Printer of the Government of Ontario and dated October, 2004:

(i) the lands described as settlement areas outside the Greenbelt Area that border on Lake Ontario, and

(ii) the lands that constitute the Greenbelt Area, as set out in that map;

(f) The Regional Municipality of Waterloo;

(g) the Bond Head Heritage Highlands in the Town of Bradford West Gwillimbury; and

(h) such other areas of land as may be described in the regulations.

(2) Subsection 2 (4) of the Act is repealed and the following substituted:

Limitation

(4) A regulation made under clause (1) (b) shall not amend the designation if the amendment would result in the removal of lands from the Greenbelt Area.

3. The Act is amended by adding the following section:

Limitation on licences or permits under the Aggregate Resources Act

4.1 (1) Despite any provision in the Aggregate Resources Act, on or after the day this section comes into force,

(a) no licence or permit shall be issued under the Aggregate Resources Act if the licence or permit relates to a site that includes or is adjacent to a key natural heritage feature or a key hydrologic feature located in the Protected Countryside; and

(b) where a licence or permit was issued under the Aggregate Resources Act before the day this section comes into force relating to a site that includes or is adjacent to a key natural heritage feature or a key hydrologic feature located in the Protected Countryside, no amendment to the site plan that results in the expansion of the site shall be required or approved.

Definitions

(2) In subsection (1),

"key hydrologic feature" includes any of the following features, as may be further described or identified in the Greenbelt Plan:

1. Streams.

2. Natural lakes and their shorelines.

3. Seepage areas and springs.

4. Wetlands; ("élément hydrologique clé")

"key natural heritage feature" includes any of the following features, as may be further described or identified in the Greenbelt Plan:

1. Significant habitat of endangered and threatened species and of species that are rare in Ontario.

2. Fish habitat.

3. Wetlands.

4. Life science areas of natural and scientific interest.

5. Significant valleylands, woodlands and wildlife habitat.

6. Sand barrens, savannahs and tall grass prairies.

7. Alvars. ("élément du patrimoine naturel clé")

4. Clauses 5 (j) and (k) of the Act are repealed and the following substituted:

(j) to ensure that no development of transportation and infrastructure proceed on wetlands, woodlands, valleylands, wildlife habitat and other lands that are part of the natural heritage system designated in the Greenbelt Plan;

(k) to promote sustainable resource use by a variety of measures, including by increasing requirements for the reduction and recycling of aggregate products;

5. Subsection 7 (3) of the Act is amended by striking out "no municipality or municipal planning authority" in the portion before clause (a) and substituting "no ministry, board, commission or agency of the Government of Ontario and no municipality or municipal planning authority".

6. Section 8 of the Act is repealed and the following substituted:

Conflicts with Greenbelt Plan

8. (1) Despite any Act, if there is a conflict between a provision in the Greenbelt Plan and a provision in a plan, by-law, policy, Act or regulation that is mentioned in subsection (2) with respect to a matter relating to the natural environment or human health, the provision that provides more protection to the natural environment or human health prevails.

Same

(2) The plans, by-laws, policies, Acts and regulations to which subsection (1) refers are,

(a) an official plan;

(b) a zoning by-law;

(d) the Niagara Escarpment Plan prepared under section 3 of the Niagara Escarpment Planning and Development Act, the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001 and any amendments to those plans; and

(e) any of the following Acts or a regulation made under any one of the following Acts:

(i) Aggregate Resources Act,

(ii) Drainage Act,

(iii) Environmental Assessment Act,

(iv) Environmental Protection Act,

(v) Mining Act,

(vi) Ontario Water Resources Act,

(vii) Public Lands Act.

7. Section 9 of the Act is repealed and the following substituted:

Conformity

9. (1) The council of a municipality located within the area to which the Greenbelt Plan applies shall amend its official plan to conform with the Greenbelt Plan on or before the day that is 18 months after the day the Greenbelt Plan comes into force.

Failure to amend

(2) If the council of a municipality fails to amend its official plan within the time specified in subsection (1), the Minister may, by order, amend the official plan of the municipality so that it conforms with the Greenbelt Plan.

8. Clause 10 (2) (a) of the Act is amended by striking out "Greenbelt Council established under section 15" at the end and substituting "Greenbelt Advisory Council established under section 15".

9. Clause 11 (4) (a) of the Act is amended by striking out "Greenbelt Council established under section 15" at the end and substituting "Greenbelt Advisory Council established under section 15".

10. (1) Clause 12 (1) (b) of the Act is repealed and the following substituted:

(b) refer the matter to the Greenbelt Area Tribunal established under section 14.1.

(2) Section 12 of the Act is amended by adding the following subsection:

Transition

(1.1) If a hearing officer was appointed under clause 12 (1) (b), as it read on the day before this subsection comes into force, the hearing officer shall conduct a hearing with respect to a matter referred to him or her, and section 13, as it read on the day before this subsection comes into force, shall continue to apply for that purpose.

(3) Subsection 12 (2) of the Act is repealed and the following substituted:

Limitation

(2) The Minister shall not recommend a proposed amendment under clause (1) (a) if the proposed amendment would result in the removal of lands from the area to which the Greenbelt Plan applies.

11. (1) Subsection 13 (1) of the Act is repealed and the following substituted:

Tribunal hearing

(1) If a matter is referred to the Greenbelt Area Tribunal under clause 12 (1) (b), the Tribunal shall fix the time and place for the hearing and give notice of the hearing in the prescribed manner and to the prescribed persons and public bodies.

(2) Subsection 13 (3) of the Act is amended by striking out "The hearing officer" at the beginning and substituting "The Greenbelt Area Tribunal".

(3) Subsection 13 (4) of the Act is amended by striking out "A hearing officer" at the beginning and substituting "A member of the Greenbelt Area Tribunal".

(4) Subsection 13 (5) of the Act is amended by striking out "the hearing officer shall make a written report" and substituting "the Greenbelt Area Tribunal shall make a written report".

(5) Subsection 13 (6) of the Act is repealed and the following substituted:

Recommendation of L.G. in C.

(6) The Minister, upon receiving the written report of the Greenbelt Area Tribunal, shall consider the report and shall submit it to the Lieutenant Governor in Council with such recommendations in respect of the proposed amendment as the Minister considers appropriate, which recommendations may vary from those set out in the report of the Tribunal.

(6) Subsection 13 (7) of the Act is repealed and the following substituted:

Limitation

(7) The Minister shall not recommend a proposed amendment under subsection (6) if the proposed amendment would result in the removal of lands from the area to which the Greenbelt Plan applies.

12. The Act is amended by adding the following section:

Greenbelt Area Tribunal

14.1 (1) A tribunal to be known in English as the Greenbelt Area Tribunal and in French as the Tribunal de la zone de la ceinture de verdure is hereby established for the purposes of this Act.

Members

(2) The Tribunal shall consist of not fewer than three members, two of whom shall be chosen from among the members of the Greenbelt Advisory Council established under section 15.

Appointment

(3) The Lieutenant Governor in Council shall appoint the members and designate the term of their appointment.

Remuneration and expenses

(4) Each member of the Tribunal, other than a full-time member, shall receive the remuneration that the Lieutenant Governor in Council determines and reimbursement for the member's reasonable and necessary expenses incurred in attending meetings and in transacting the business of the Tribunal.

Duties and powers

(5) The Tribunal shall hold the hearings and perform the other duties that are assigned to it under this Act.

Powers

(6) Except as limited by this Act, the Tribunal has all the powers that are necessary or expedient for carrying out its duties.

Quorum

(7) One member of the Tribunal constitutes a quorum and may exercise all the powers of the Tribunal.

Chair and vice-chair

(8) The Lieutenant Governor in Council shall designate one of the members as chair and may designate one or more other members as vice-chairs of the Tribunal.

Duties of chair

(9) The chair shall have general supervision and direction over the conduct of the affairs of the Tribunal and shall arrange the sittings of the Tribunal and assign members to panels to conduct hearings as circumstances require, and may appoint a panel constituted by one member.

Chair of panel

(10) Where a panel of two or more members is appointed, the chair of the Tribunal shall appoint a chair for the panel from the members sitting on the panel.

Resolving deadlock

(11) If a panel of the Tribunal consists of two members and they do not agree on a decision, the decision of the chair of the panel shall be the decision of the panel.

Member to complete hearing

(12) If the term of office of a member of the Tribunal sitting for a hearing expires during the hearing, the member remains a member of the Tribunal for the purpose of completing the hearing.

13. (1) Subsections 15 (1) and (2) are repealed and the following substituted:

Greenbelt Advisory Council

(1) The Minister shall establish a council to be known in English as the Greenbelt Advisory Council and in French as Conseil consultatif de la ceinture de verdure.

Same

(2) Within six months of the day this section comes into force, the Minister shall appoint nine persons to the Council as follows:

1. Eight persons representing the various regions of the Greenbelt Area.

2. One person as chair of the Council.

Terms of reference

(2.1) The Minister shall fix the terms of reference of the Council.

(2) Section 15 of the Act is amended by adding the following subsections:

Annual report

(4) The Council shall prepare an annual report relating to the implementation of the Greenbelt Plan and on whether or not the objectives of the Greenbelt Plan set out in section 5 are being met.

Same

(5) The Council shall table its annual report in the Legislature each year on the anniversary of the day this section comes into force.

14. Subsection 17 (2) of the Act is repealed.

15. (1) Subsection 18 (5) of the Act is repealed and the following substituted:

Tribunal hearing

(5) If the Minister has given notice under subsection (1), the Minister may, within 30 days after the giving of notice, refer the matter that was deferred to the Greenbelt Area Tribunal and the Tribunal shall hold a hearing into the matter.

(2) Subsections 18 (6), (7) and (8) of the Act are amended by striking out "hearing officer" wherever it appears and substituting in each case "Greenbelt Area Tribunal".

(3) Subsection 18 (9) of the Act is amended by striking out "The hearing officer" at the beginning and substituting "A member of the Greenbelt Area Tribunal".

(4) Subsections 18 (10) and (11) of the Act are amended by striking out "the hearing officer's" wherever it appears and substituting in each case "the Greenbelt Area Tribunal's".

(5) Section 18 of the Act is amended by adding the following subsection:

Transition

(13) If a hearing officer was appointed under subsection 18 (5), as it read on the day before this subsection comes into force, the hearing officer shall conduct a hearing with respect to a matter referred to him or her, and this section, as it read on the day before this subsection comes into force, shall continue to apply for that purpose.

16. Section 24 of the Act is repealed and the following substituted:

Transition

24. (1) Section 7 applies to decisions made on or after December 16, 2004 relating to areas designated as Protected Countryside in the Greenbelt Plan.

Same

(2) Section 7 does not apply to decisions made before December 16, 2004 relating to areas designated as Protected Countryside in the Greenbelt Plan.

Same

(3) Despite subsection (2), a decision referred to in that subsection that relates to such applications, matters or proceedings as may be prescribed shall conform to such policies of the Greenbelt Plan as may be prescribed.

Commencement

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

Short title

18. The short title of this Act is the Greenbelt Amendment Act (Permanent Greenbelt), 2005.

EXPLANATORY NOTE

The Bill amends the Greenbelt Act, 2005 to designate additional areas of land to be included in the Greenbelt Area. The Bill also amends the Act to prohibit regulations removing lands from the Greenbelt Area, and to prohibit amendments to the Greenbelt Plan removing lands from areas to which the Plan applies.

The Bill prohibits the issuance of licences or permits or expansion of site plans under the Aggregate Resources Act if they relate to a site including or adjacent to a key natural heritage or hydrologic feature located in the Protected Countryside.

The Bill amends the Act to provide that objectives of the Greenbelt Plan include that no development proceed on lands that are part of the natural heritage system designated in the Greenbelt Plan.

The Bill expands the prohibition on passing by-laws or undertaking projects that conflict with the Greenbelt Plan to also apply to Ontario ministries, boards, commissions and agencies. In the case of conflict between a provision in the Greenbelt Plan and a provision in a plan, by-law, policy, Act or regulation specified in the Bill, the provision providing more protection to the natural environment or human health prevails.

The Bill amends the Act to replace the hearing officer appointed by the Minister to hear proposed amendments to the Greenbelt Plan with the Greenbelt Area Tribunal, which is established in the Bill. The Bill also amends the Act to replace the Greenbelt Council with a Greenbelt Advisory Council, and sets out provisions regarding the Council's membership, terms of reference and mandates.

The Bill amends the Act to address the applicability of section 3 of the Planning Act and section 7 of the Act to a plan made or amended by the Minister under the Ontario Planning and Development Act, 1994, as well as the applicability of section 7 of the Act to decisions made relating to areas designated as Protected Countryside.