Bill 217 2009

An Act to amend the Planning Act to promote community gardens

Note: This Act amends the Planning Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  (1)  Subsection 34 (1) of the Planning Act is amended by adding the following paragraph:

Community gardens

    7.  For requiring the use of land for the purposes of community gardens within the municipality. 

   (2)  Section 34 of the Act is amended by adding the following subsections:

Community gardens, zones where requirement may apply

   (3.2)  A by-law passed under paragraph 7 of subsection (1) may require the use of land for the purposes of community gardens only within an area that has been zoned for multi-residential, institutional, commercial, open space or vacant land use.

Community gardens, authorized uses

   (3.3)  For the purposes of paragraph 7 of subsection (1), the use of land for the purposes of community gardens may include the use of land for cultivating fruits and vegetables, ornamental vegetation or flowers but does not include the use of land for agriculture.

Commencement

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

Short title

   3.  The short title of this Act is the Planning Amendment Act (Community Gardens), 2009.

EXPLANATORY NOTE

The Bill amends the Planning Act to provide express authority for the council of a local municipality to pass a by-law requiring the use of land for the purposes of community gardens.