Bill 29, Oak Ridges Moraine Green Planning Act, 2001

Versions

Bill 29 2001

An Act to freeze development
on the Oak Ridges Moraine
and to amend the Planning Act
to increase and strengthen
the protection of natural areas
across Ontario

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,

"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,

(d) the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere; ("aménagement")

"Oak Ridges Moraine" means,

(a) the land identified as belonging to the Oak Ridges Moraine in "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, and

(b) any additional land designated under subsection 2 (4). ("moraine d'Oak Ridges")

Development control

2. (1) No development shall be permitted on the Oak Ridges Moraine.

Conflict

(2) Subsection (1) applies despite any other Act or regulation.

Effect of policy statement

(3) Subsection (1) ceases to apply on the day a policy statement dealing with the Oak Ridges Moraine is issued under subsection 3 (1) of the Planning Act.

Designation of additional land

(4) The Minister of Municipal Affairs and Housing may make an order designating, for the purposes of clause (b) of the definition of "Oak Ridges Moraine" in section 1, any land outside the Greater Toronto Area that forms part of the geological feature known as the Oak Ridges Moraine.

3. (1) Section 3 of the Planning Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 6, 1996, chapter 4, section 3 and 1998, chapter 15, Schedule E, section 27, is further amended by adding the following subsection:

Schedules 1 and 2

(4.1) Schedules 1 and 2 to this Act have the same status as policy statements issued under subsection (1).

(2) Subsections 3 (5) and (6) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 4, section 3 and amended by 1998, chapter 15, Schedule E, section 27, are repealed and the following substituted:

Exercising authority

(5) Any decisions affecting a planning matter that are made by the council of a municipality, a local board, a planning board, a minister of the Crown or a ministry, board, commission or agency of the government, including the Municipal Board, shall be consistent with Schedules 1 and 2 and with policy statements issued under subsection (1).

Advice

(6) Any comments, submissions or advice affecting a planning matter that are provided by a minister or ministry, board, commission or agency of the government shall be consistent with Schedules 1 and 2 and with policy statements issued under subsection (1).

(3) Part I of the Act is amended by adding the following section:

Regulation, intervenor funding

7.1 (1) The Minister has authority to make and implement and shall make and implement a regulation establishing an intervenor funding program to assist intervenors who wish to participate in hearings of the Municipal Board under this Act.

Same

(2) The intervenor funding program shall have the following features:

1. Funding decisions shall be made by an independent decision-maker.

2. Funding shall be made available, on application, to an intervenor who has special knowledge about the subject of the hearing or has, in the decision-maker's opinion, an interest in the subject of the hearing.

3. The funding shall be provided by the party to the hearing who, in the decision-maker's opinion, is potentially a major financial beneficiary of the Municipal Board's decision.

4. The funding in each case shall be sufficient to pay for appropriate research and other professional support as well as legal expenses.

(4) Subsection 17 (40) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 9, is amended by striking out "within 90 days after the day the plan is received by the approval authority" and substituting "within 180 days after the day the plan is received by the approval authority".

(5) Clause 22 (7) (c) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by striking out "within 90 days after the day the request is received" and substituting "within 180 days after the day the request is received".

(6) Clause 22 (7) (d) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 4, section 13, is amended by striking out "within 90 days after the day the request is received" and substituting "within 180 days after the day the request is received".

(7) Subsection 34 (11) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 21, is further amended by striking out "within 90 days after the receipt by the clerk of the application" and substituting "within 180 days after the clerk receives the application".

(8) The Act is amended by adding the following Schedules:

Schedule 1

GOAL: To protect the quality and integrity of ecosystems, including air, water, land, and biota; and, where quality and integrity have been diminished, to encourage restoration or remediation to healthy conditions.

1. Development may be permitted only if the quantity and quality of ground water and surface water are protected. Developmentthat will negatively impact on groundwater recharge areas, head-waters and aquifers that have been identified as sensitive areas will not be permitted.

2. (1) Natural heritage features and areas will be protected.

(2) Development will not be permitted in significant ravine, valley, river and stream corridors, and in significant portions of the habitat of endangered species and threatened species. Development will not be permitted on adjacent lands if it negatively impacts the ecological functions of the features listed above.

(3) Except for the areas covered in subsection (2), significant portions of the habitat of vulnerable species, significant natural corridors, significant woodlands south and east of the Canadian Shield, areas of natural and scientific interest, shorelines of lakes, rivers and streams, and significant wildlife habitat will be classified into areas where either,

(a) no development is permitted; or

(b) development may be permitted only if it does not negatively impact the features or the ecological functions for which the area is identified.

(4) Development will not be permitted on adjacent lands to clauses (3) (a) and (b) if it negatively impacts the features or the ecological functions for which the area is identified.

3. Development may be permitted if it does not harmfully alter, disrupt or destroy fish habitat. There will be no net loss of productive capacity of fish habitat, and a net gain of productive capacity wherever possible.

4. In decisions regarding development, every reasonable opportunity should be taken to maintain the quality of air, land, water and biota, maintain biodiversity compatible with indigenous natural systems, and protect natural links and corridors. The improvement and enhancement of these features and systems is encouraged.

Schedule 2

GOAL: To ensure that wetlands are identified and adequately protected through the land use planning process and to achieve no loss of provincially significant wetlands.

1. All planning jurisdictions including municipalities, planning boards and resource management bodies shall protect provincially significant wetlands where they have been identified.

2. All planning jurisdictions, including municipalities and planning boards, are encouraged to protect other wetlands that are not provincially significant.

3. In the Great Lakes - St. Lawrence Region, development shall not be permitted within provincially significant wetlands.

4. In the Great Lakes - St. Lawrence Region, on adjacent lands, development may be permitted only if it does not result in any of the following:

(a) loss of wetland functions;

(b) subsequent demand for future development that will negatively impact on existing wetland functions;

(d) loss of contiguous wetland area.

This shall be demonstrated by an environmental impact study (EIS), prepared in accordance with established procedures and carried out by a proponent, addressing clauses (a) to (d), inclusive.

5. In the Boreal Region, in provincially significant wetlands and adjacent lands, development may be permitted only if it does not result in any of the following:

(a) loss of wetland functions;

(b) subsequent demand for future development that will negatively impact on existing wetland functions; and

This shall be demonstrated by an environmental impact study (EIS), prepared in accordance with established procedures and carried out by a proponent, addressing clauses (a) to (c), inclusive.

6. On adjacent lands, established agricultural activities are permitted without an EIS.

7. New utilities and facilities shall be located outside provincially significant wetlands wherever possible. Approval authorities shall consider alternative methods and measures for minimizing impacts on wetland functions when reviewing proposals to construct transportation, communication, sanitation and other such utilities and facilities in provincially significant wetlands.

8. Where settlement areas within a municipality are serviced by full municipal sewage and water services,

(a) opportunities will be provided in built-up areas for intensification and a mix of uses;

(b) areas proposed for development that are within settlement areas but are not built-up areas,

(i) will be logical extensions of built-up areas, and will be serviced by full municipal sewage and water services with sufficient reserve water and sewage plant capacity to accommodate proposed development, and

(ii) will have a compact form, a mix of uses, and densities that efficiently use land, infrastructure and public service facilities;

(i) the amount of land included within extensions is justified, based on the amount of land available for development in the settlement area, and on population projections and employment targets for the municipality for a planning horizon of 15-20 years, unless a longer time period has been established for specific regional municipalities as a result of a comprehensive provincial planning exercise, such as that co-ordinated by the Province in the Greater Toronto Area,

(ii) areas proposed for development are logical extensions of the settlement area, and will be serviced by full municipal sewage and water services with sufficient reserve water and sewage plant capacity to accommodate proposed development,

(iii) a strategy for the staging, financing and construction of the infrastructure for the extension is formulated,

(iv) opportunities are provided in the settlement area for the efficient use of land, infrastructure, and public service facilities through intensification, a mix of uses and a compact form,

(v) the extension will have a compact form, a mix of uses, and densities that efficiently use land, infrastructure and public service facilities, and

(vi) prime agricultural areas are included in the extension only if there is no reasonable alternative, but in all cases specialty crop land will be avoided.

9. Where settlement areas within a municipality are not serviced by full municipal sewage and water services,

(a) areas proposed for development that are within settlement areas but are not built-up areas,

(i) will be logical extensions of built-up areas, and will be serviced by public communal services or individual on-site systems, and

(ii) will have a compact form, and densities and uses appropriate to the sewage and water systems proposed;

(b) extensions of a settlement area may be permitted only if the following conditions are met:

(ii) areas proposed for development will be logical extensions of the settlement area,

(iii) a strategy for the staging, financing and provision of any required infrastructure for the extension is formulated,

(iv) the long-term suitability of the site for public communal services or individual on-site systems to accommodate proposed uses is demonstrated,

(v) the extension will have a compact form, and densities and uses appropriate to the sewage and water systems proposed, and

(vi) prime agricultural areas are included in the extension only if there is no reasonable alternative, but in all cases specialty crop land will be avoided.

10. In rural areas within a municipality,

(a) residential development that is not an extension of a settlement area may be permitted only if the following conditions are met:

(i) the demand for the type and scale of development is justified based on population projections for the municipality for a planning horizon of 15-20 years and the amount of suitable land available for the proposed type of development in settlement areas within the municipality,

(ii) the reasonably anticipated effects of development on rural and recreational characteristics are assessed and are acceptable,

(iii) the long-term suitability of the site for public communal services or individual on-site systems to accommodate proposed uses is demonstrated, and

(iv) the long-term public costs of infrastructure, public services and public service facilities are assessed and are acceptable;

(b) recreational and tourism development that is not an extension of a settlement area may be permitted only if the following conditions are met:

(i) the type and scale of development is justified based on the demand for the development and the amount of suitable land available for the proposed type of development in settlement areas within the municipality,

(ii) the reasonably anticipated effects of development on rural and recreational characteristics and on natural features and functions are assessed and are acceptable,

(iii) the long-term suitability of the site for public communal services or individual on-site systems to accommodate proposed uses is demonstrated, and

(iv) the long-term public costs of infrastructure, public services and public service facilities are assessed and are acceptable; and

(c) industrial, commercial and institutional development should be directed to settlement areas, but small-scale industrial, commercial and institutional development serving the needs of rural and agricultural areas may be permitted only if the following conditions are met:

(i) the type and scale of development is justified based on demand, the suitability of the use for location in rural and agricultural areas within the municipality, and, where applicable, the municipality's economic development strategy,

(ii) the reasonably anticipated effects of development on rural and recreational characteristics and on natural features and functions are assessed and are acceptable,

(iii) the long-term suitability of the site for public communal services or individual on-site systems to accommodate proposed uses is demonstrated, and

(iv) the long-term public costs of infrastructure, public services and public service facilities are assessed and are acceptable.

Transition

4. (1) Subsection 2 (1) applies to all development except development specifically authorized by a final decision under the Planning Act that is made before the day this Act comes into force.

Same

(2) Subsection 3 (5) of the Planning Act, as re-enacted by subsection 3 (2) of this Act, applies in respect of decisions made on or after the day this Act comes into force.

Same

(3) Subsection 3 (6) of the Planning Act, as re-enacted by subsection 3 (2) of this Act, applies in respect of comments, submissions and advice provided on or after the day this Act comes into force.

Same

(4) Subsection 17 (40) of the Planning Act, as amended by subsection 3 (4) of this Act, applies in respect of plans received by approval authorities on or after the day that is 90 days before the day this Act comes into force.

Same

(5) Clause 22 (7) (c) of the Planning Act, as amended by subsection 3 (5) of this Act, applies in respect of requests received by councils and planning boards on or after the day that is 90 days before the day this Act comes into force.

Same

(6) Clause 22 (7) (d) of the Planning Act, as amended by subsection 3 (6) of this Act, applies in respect of requests received by councils and planning boards on or after the day that is 90 days before the day this Act comes into force.

Same

(7) Subsection 34 (11) of the Planning Act, as amended by subsection 3 (7) of this Act, applies in respect of applications received by clerks on or after the day that is 90 days before the day this Act comes into force.

Commencement

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

Short title

6. The short title of this Act is the Oak Ridges Moraine Green Planning Act, 2001.

EXPLANATORY NOTE

Sections 1 and 2 of the Bill place a development freeze on the Oak Ridges Moraine, to continue until a policy statement dealing with the moraine is issued under subsection 3 (1) of the Planning Act.

Section 3 of the Bill makes amendments to the Planning Act to:

1. Add 2 Schedules to the Act, one dealing with ecosystem protection and restoration, the other with wetlands protection and human settlement areas.

2. Amend section 3 of the Act to make compliance with policy statements issued under subsection (1) mandatory, and to give the Schedules the same status as policy statements.

3. Extend the periods that must elapse before persons seeking certain planning-related decisions can appeal to the Ontario Municipal Board. (Amendments to subsection 17 (40), clauses 22 (7) (c) and (d) and subsection 34 (11) of the Act.)

4. Provide for an intervenor funding program. (Section 7.1 of the Act.)