Bill 142 2001
An Act to permit municipal regulation
of peat disturbance and extraction
in the United Counties of Prescott and Russell
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,
"Board" means the Ontario Municipal Board; ("Commission")
"Municipality" means The Corporation of the United Counties of Prescott and Russell; ("Municipalité")
"parcel of land" means a lot or block within a registered plan of subdivision or any land that may be legally conveyed under the exemption provided in clause 50 (3) (b) or 50 (5) (a) of the Planning Act; ("parcelle de terrain")
"peat" means a carbonaceous deposit composed of partially decayed vegetable matter capable of being used as a soil conditioner or a fuel when air-dried or processed by other means. ("tourbe")
Authority to pass by-laws
2. (1) The municipal council of the Municipality may pass by-laws,
(a) prohibiting or regulating the removal or disturbance of peat in any defined areas in the United Counties of Prescott and Russell;
(b) prohibiting any person from removing or disturbing peat within the areas to which the by-law applies without a permit;
(c) providing for the issuance of and renewal of permits for the removal and disturbance of peat and prescribing fees for the issuance and renewal of those permits;
(d) providing for the refusal to issue, refusal to renew or revocation of permits on grounds prescribed by by-law;
(e) requiring the rehabilitation of lands from which peat has been removed or disturbed;
(f) prescribing standards and procedures of rehabilitation for the purposes of clause (e);
(g) exempting any land, person or class of persons from any or all provisions of a by-law passed under this subsection.
(2) A by-law passed under subsection (1) does not apply to the removal or disturbance of peat,
(a) as an incidental part of,
(i) drain construction under the Drainage Act or the Tile Drainage Act,
(ii) an operation authorized under the Aggregate Resources Act,
(iii) an operation authorized under the Mining Act,
(iv) the construction of a public highway,
(v) the construction, extension, alteration, maintenance or operation of works under section 26 of the Public Transportation and Highway Improvement Act,
(vi) the activities of the Municipality, a ministry of the provincial government, a local municipal council and the South Nation Conservation Authority related to the establishment or maintenance of utilities and services, roads, bridges, flood and erosion control facilities, walkways, bicycle paths, fences, retaining walls, steps and lighting, or
(vii) the construction of any form of underground services where the peat is removed and held for subsequent replacement;
(b) by the Crown, a Crown agency, Hydro One Inc. or Ontario Power Generation Inc.;
(c) if the quantity of peat removed from any one parcel of land does not, in any consecutive three-month period, exceed five cubic metres.
(3) A by-law passed under subsection (1) does not apply to the extent that,
(a) it is inconsistent with the terms of any approval or agreement under the Planning Act; or
(b) it would prevent the construction of any building, structure, driveway, loading or parking areas permitted or required on a parcel of land under,
(i) a by-law passed by a municipality under section 34 of the Planning Act, or
(ii) an order made by the Minister of Municipal Affairs and Housing under section 47 of the Planning Act.
Appeal to Board
3. (1) If the municipal council of the Municipality refuses or neglects to issue a permit under clause 2 (1) (c) within 45 days after the day the clerk of the Municipality receives the application, the applicant may appeal to the Board.
(2) An appeal under subsection (1) shall be filed within 180 days after the day the first of the following events occurs:
1. The 45-day period referred to in subsection (1) expires.
2. The municipal council refuses to issue a permit.
Power of Board
(3) The Board shall hear the appeal under subsection (1) and dismiss the appeal or order the issuance of a permit in the manner and on the conditions that the Board may determine.
(4) A decision of the Board under subsection (3) is final.
4. This Act comes into force on the day it receives Royal Assent.
5. The short title of this Act is the United Counties of Prescott and Russell Act, 2001.
The Bill gives authority to the municipal council of The Corporation of the United Counties of Prescott and Russell to pass by-laws to control peat extraction within the counties.