Bill 100, Great Lakes Protection Act, 2012

Bradley, Hon. James J. Minister of the Environment

Versions

Bill 100 2012

An Act to protect and restore the Great Lakes-St. Lawrence River Basin

CONTENTS

Preamble
PART I PURPOSES AND INTERPRETATION
1.	Purposes
2.	Existing aboriginal or treaty rights
3.	Interpretation
PART II GREAT LAKES GUARDIANS' COUNCIL
4.	Great Lakes Guardians' Council
PART III ONTARIO'S GREAT LAKES STRATEGY
5.	Ontario's Great Lakes Strategy established
6.	Contents
7.	Progress reports
PART IV TARGETS
8.	Targets
PART V PROPOSALS FOR INITIATIVES
9.	Consultation by Minister
10.	Minister's direction to develop proposal
11.	Proposal for initiative, contents
12.	Minister's options once proposal submitted
13.	Approval of proposal by L.G. in C.
14.	Amendment to approved proposal
PART VI INITIATIVES
15.	Development of initiative once proposal approved
16.	Minister's options if draft initiative submitted
17.	Hearing officer
18.	Approval of initiative by L.G. in C.
19.	Initiative, contents
20.	Effect of initiative
21.	Official plan and conformity
22.	Minister's proposals to resolve official plan non-conformity
23.	Prescribed instruments and conformity
24.	Requests for amendment of instruments
25.	Monitoring, reporting and reviewing
26.	Regulations - shoreline protection in areas to which initiatives apply
PART VII MISCELLANEOUS
27.	Public consultation and notice
28.	Traditional ecological knowledge
29.	Delegation by Minister
30.	Extensions of time
31.	Great Lakes agreements
32.	Obligations of public bodies
33.	Non-application of certain Acts
34.	Limitations on remedies
35.	Conflict with other Acts
36.	Regulations - L.G. in C.
37.	Amendments to adopted documents
PART VIII COMMENCEMENT AND SHORT TITLE
38.	Commencement
39.	Short title
Schedule 1	Policies - legal effect under sections 20 to 24
Schedule 2	Policies - legal effect under section 25
Schedule 3	Policies - no legal effect
______________

Preamble

Ontarians are fortunate to live in a province that benefits from the largest freshwater ecosystem on earth. The Great Lakes-St. Lawrence River Basin is a critical resource for all Ontarians.

The Great Lakes-St. Lawrence River Basin provides for the health and well being of Ontarians. It provides drinking water and supports a variety of fish and other wildlife. First Nations communities within the Great Lakes-St. Lawrence River Basin maintain a spiritual and cultural relationship with water. Ontario's economy relies upon the water for electricity generation, agriculture, manufacturing and shipping. Ontarians and visitors enjoy the Great Lakes, Ontario's defining natural features, for the recreational opportunities they provide and natural attractions, such as Niagara Falls.

In the face of the pressures of population growth and development, and threats such as climate change and invasive species, three of Ontario's four Great Lakes are in decline. While many partners are working together to protect and restore the ecological health of the Great Lakes-St. Lawrence River Basin to ensure that it provides Ontarians with a source of water that is drinkable, swimmable and fishable, more needs to be done.

All Ontarians have a stake in the ecological health of the Great Lakes-St. Lawrence River Basin. The Government of Ontario seeks to involve individuals and communities in its protection and restoration.

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

Part i
Purposes and Interpretation

Purposes

1. (1) The purposes of this Act are,

(a) to protect and restore the ecological health of the Great Lakes-St. Lawrence River Basin; and

(b) to create opportunities for individuals and communities to become involved in the protection and restoration of the ecological health of the Great Lakes-St. Lawrence River Basin.

Same

(2) The purposes set out in subsection (1) include the following:

1. To protect human health and well being through the protection and restoration of the ecological health of the Great Lakes-St. Lawrence River Basin.

2. To protect and restore wetlands and beaches and other coastal areas of the Great Lakes-St. Lawrence River Basin.

3. To protect and restore the natural habitats and biodiversity of the Great Lakes-St. Lawrence River Basin.

4. To advance science relating to existing and emerging stressors, such as climate change, that improves understanding and management of the Great Lakes-St. Lawrence River Basin.

5. To enrich the quality of life in communities in the Great Lakes-St. Lawrence River Basin through support of environmentally sustainable economic opportunities, innovation and environmentally sustainable use of natural resources.

Existing aboriginal or treaty rights

2. For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982.

Interpretation

3. (1) In this Act,

"designated policy" means a policy described in Schedule 1 that has been designated in an initiative under subsection 19 (4); ("politique désignée")

"Great Lakes ministers" means the ministers responsible for the ministries that are involved in the development or implementation of the Strategy; ("ministres responsables des Grands Lacs")

"Great Lakes-St. Lawrence River Basin" means,

(a) the part of Ontario, the water of which drains into the Great Lakes or the St. Lawrence River, including the parts of the Great Lakes and of the St. Lawrence River that are within Ontario, or

(b) if the boundaries of the area described by clause (a) are described more specifically by the regulations, the area within those boundaries; ("bassin des Grands Lacs et du fleuve Saint-Laurent")

"instrument" means any document of legal effect, including a permit, licence, approval, authorization, direction or order, that is issued or otherwise created under an Act, but does not include,

(a) a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006, or

(b) a by-law of a municipality or local board; ("acte")

"local board" has the same meaning as in the Municipal Affairs Act; ("conseil local")

"municipal planning authority" means a municipal planning authority established under section 14.1 of the Planning Act; ("office d'aménagement municipal")

"planning board" means a planning board established under section 9 or 10 of the Planning Act; ("conseil d'aménagement")

"prescribed instrument" means an instrument that is prescribed by the regulations made under clause 36 (1) (a); ("acte prescrit")

"public body" means,

(a) a municipality, local board or conservation authority,

(b) a ministry, board, commission, agency or official of the Government of Ontario,

(d) a body that has been prescribed by the regulations or an official of such a body; ("organisme public")

"regulations" means the regulations made under this Act; ("règlements")

"source protection authority" means a source protection authority as defined in subsection 2 (1) of the Clean Water Act, 2006; ("office de protection des sources")

"source protection committee" means a source protection committee as defined in subsection 2 (1) of the Clean Water Act, 2006; ("comité de protection des sources")

"Strategy" means the document established under section 5, including any amendments or revisions made to it under that section. ("Stratégie")

Minister, Ministry

(2) If a member of the Executive Council other than the Minister of the Environment is assigned or transferred responsibility for the administration of this Act under the Executive Council Act, references in this Act to the Minister of the Environment shall be read as references to that member and references in this Act to the Ministry of the Environment shall be read as references to that member's ministry.

Participating municipalities

(3) For greater certainty, if a source protection authority is a conservation authority and is directed or required to do anything under this Act, the participating municipalities for the source protection authority are, for the purposes of this Act, the participating municipalities designated for the conservation authority under the Clean Water Act, 2006.

Part iI
Great Lakes Guardians' Council

Great Lakes Guardians' Council

4. (1) A council known in English as the Great Lakes Guardians' Council and in French as Conseil de protection des Grands Lacs is established.

Meetings of Council

(2) The Minister of the Environment shall ensure that a meeting of the Council is held before the first anniversary of the day subsection (1) comes into force and, as he or she considers advisable, from time to time after the first meeting.

Invitations to meetings

(3) Before a meeting of the Council is held, the Minister of the Environment shall, as he or she considers advisable, extend written invitations to individuals to attend and participate in the meeting, including,

(a) the other Great Lakes ministers;

(b) representatives of the interests of municipalities located in whole or in part in the Great Lakes-St. Lawrence River Basin;

(c) representatives of the interests of First Nations and Métis communities that have a historic relationship with the Great Lakes-St. Lawrence River Basin;

(d) representatives of the interests of environmental organizations, the scientific community and the industrial, agricultural, recreational and tourism sectors in the Great Lakes-St. Lawrence River Basin; and

(e) representatives of any other interests that the Minister considers should be represented at the meeting.

Council to provide forum

(4) The Council shall provide a forum to,

(a) identify priorities for actions to achieve the purposes of this Act;

(b) identify, in respect of projects to achieve the purposes of this Act, potential funding measures and partnerships;

(d) give the Minister of the Environment an opportunity to obtain input from individuals participating in meetings of the Council through discussion of any matters relating to the purposes of this Act, including,

(i) the establishment of targets under Part IV,

(ii) the development of proposals for initiatives under Part V,

(iii) the development and implementation of initiatives under Part VI, and

(iv) the development and implementation of inter-jurisdictional agreements in respect of the protection or restoration of the ecological health of the Great Lakes-St. Lawrence River Basin.

Part III
Ontario's Great Lakes Strategy

Ontario's Great Lakes Strategy established

5. (1) On or before the day this subsection comes into force, the Minister of the Environment shall, after consulting with the other Great Lakes ministers, establish a document entitled Ontario's Great Lakes Strategy.

Review

(2) At least every nine years after the Strategy is established and at least every nine years after a review of the Strategy is completed under subsection (3), the Minister of the Environment shall cause a review of the Strategy to be undertaken.

Same

(3) As part of a review of the Strategy, the Minister of the Environment shall,

(a) consult on the Strategy with the other Great Lakes ministers and such other persons as he or she considers advisable and by such means as he or she believes will facilitate the review; and

(b) based on the consultation, amend the Strategy, as he or she considers advisable.

Date of establishment, review

(4) For the purposes of subsection (3), the Minister of the Environment shall ensure that the Strategy specifies the date on which it is established and the date, if any, on which a review was completed under subsection (3).

Revisions

(5) In addition to making amendments as part of a review described in subsection (3), the Minister of the Environment may, as he or she considers advisable, make revisions to the Strategy from time to time in between reviews and if he or she makes any such revisions, he or she shall ensure that the Strategy specifies the date on which it was most recently revised under this subsection.

Contents

6. The Strategy shall set out the following:

1. A summary of the environmental conditions of the Great Lakes-St. Lawrence River Basin.

2. The goals of the Strategy.

3. A summary of actions taken to achieve the purposes of this Act.

4. An identification of priorities for future actions to be taken under this or any other Act to achieve the purposes of this Act.

5. Such other matters as the Minister of the Environment considers advisable.

Progress reports

7. The Minister of the Environment shall, from time to time and after consulting with the other Great Lakes ministers, prepare a report setting out the following:

1. A description of recent actions that have been taken to address the priorities identified in the Strategy.

2. A description of any targets that have been established under Part IV.

3. A description of any proposals for initiatives that have been directed to be developed or have been developed or approved under Part V and any initiatives that have been developed, approved or implemented under Part VI.

4. A list of the priorities identified in the Strategy that public bodies should focus on in the future.

5. Such other matters as he or she considers advisable.

Part IV
Targets

Targets

8. (1) To achieve one or more purposes of this Act, the Minister of the Environment may, after consulting with the other Great Lakes ministers, establish qualitative or quantitative targets relating to the Great Lakes-St. Lawrence River Basin, specifying in each target the area to which it applies and the manner in which, in his or her opinion, public bodies with jurisdiction in that area should take it into consideration.

Minister's direction re targets

(2) The Minister of the Environment may direct a public body with jurisdiction in an area specified in the direction to do any of the following:

1. Provide the Ministry of the Environment with any information specified in the direction to assist in establishing a target or to assist in determining the actions required to achieve a target.

2. Propose a target to apply to the area by working together with other public bodies.

3. If a target that is quantitative in nature has been established, work together with other public bodies to propose how efforts to achieve the target should be divided within the area to which it applies.

Part v
Proposals for Initiatives

Consultation by Minister

9. (1) Before directing one or more public bodies to develop a proposal for an initiative under section 10, the Minister of the Environment shall do the following:

1. Consult on a summary of the proposed direction, as he or she considers advisable, with,

i. the other Great Lakes ministers,

ii. representatives of the interests of public bodies with jurisdiction in the geographic area described in the summary,

iii. representatives of the interests of First Nations and Métis communities that have a historic relationship with the geographic area described in the summary, and

iv. such other persons as he or she considers advisable.

2. Table the summary of the proposed direction at a meeting of the Great Lakes Guardians' Council.

Contents of summary

(2) The Minister of the Environment shall ensure that the summary of the proposed direction includes the following:

1. A description of the geographic area of the Great Lakes-St. Lawrence River Basin in respect of which he or she intends to direct the proposal for an initiative to be developed.

2. Identification of one or more public bodies that he or she intends to direct to develop the proposal.

3. A description of the issues that he or she intends to have addressed through the development and implementation of an initiative in the geographic area.

4. Such other information as he or she considers advisable.

Minister's direction to develop proposal

10. (1) The Minister of the Environment may direct a public body or public bodies, after he or she has considered any comments received in respect of the relevant summary prepared for the purposes of section 9, to develop a proposal for a geographically-focussed initiative to achieve one or more purposes of this Act within the geographic area of the Great Lakes-St. Lawrence River Basin that is specified in the direction.

Contents

(2) In a direction under subsection (1), the Minister of the Environment may direct a public body or public bodies to,

(a) take such steps as he or she considers necessary for the development of the proposal;

(b) comply with rules set out in the direction in respect of the development and content of the proposal; and

Proposal for initiative, contents

11. Unless otherwise specified by the Minister of the Environment in the direction to develop a proposal for an initiative, the proposal shall contain the following in respect of the initiative:

1. A description of the proposed,

i. area to which the initiative would apply,

ii. issues that the initiative would address,

iii. objectives of the initiative,

iv. types of policies that would be set out in the initiative to achieve its objectives,

v. public body or public bodies that would be responsible for the development of the initiative, and

vi. consultation that would be undertaken during the development of the initiative, including a description of the persons or bodies who would be consulted and a plan for engaging First Nations and Métis communities that may be affected by the initiative.

2. A work plan that identifies all the major tasks that would be completed in the development of the initiative.

3. The date by which a draft initiative would be submitted to the Minister.

4. Such other matters as considered advisable by the public body or the public bodies directed to prepare the proposal.

Minister's options once proposal submitted

12. (1) If a proposal for an initiative is submitted to the Minister of the Environment, he or she may,

(a) direct the public body or public bodies who submitted the proposal to, within a time that he or she has specified, make amendments to the proposal in accordance with the direction and resubmit the proposal to the Minister;

(b) refer the proposal to the Lieutenant Governor in Council, together with any recommendations that he or she considers appropriate, which may include recommendations for amendments; or

Amendments under cl. (1) (b)

(2) Without limiting the generality of clause (1) (b), the amendments that may be recommended under that clause may include amendments that,

(a) provide for the initiative to contain provisions specified by the Minister of the Environment;

(b) restrict the circumstances in which the initiative may contain provisions specified by the Minister;

(d) set out rules specified by the Minister in respect of how policies described in Schedule 1 that are to be set out in the initiative shall be given legal effect, including how they may be designated in the initiative for the purposes of one or more of sections 20 to 24.

Resubmission

(3) If a proposal is resubmitted as required by the Minister of the Environment under clause (1) (a), this section applies in respect of the resubmitted proposal.

Failure to resubmit

(4) If a proposal is not resubmitted as required by the Minister of the Environment under clause (1) (a) within the time that he or she has specified, he or she may take steps set out in clause (1) (b) or (c) in respect of the proposal.

Approval of proposal by L.G. in C.

13. If the Minister of the Environment refers a proposal for an initiative to the Lieutenant Governor in Council, the Lieutenant Governor in Council shall,

(a) approve the proposal, with or without any amendments that have been recommended by the Minister and any other amendments that the Lieutenant Governor in Council considers advisable; or

(b) decide not to approve the proposal.

Amendment to approved proposal

Amendment by Minister

14. (1) The Minister of the Environment may amend an approved proposal for an initiative if,

(a) the amendment is based on a recommendation made by the Minister or by a public body who is required to develop the initiative; and

(b) the Minister has consulted with the other Great Lakes ministers on the amendment.

Amendment by L.G. in C.

(2) If the Minister of the Environment considers it advisable, he or she may refer a recommendation for an amendment to the Lieutenant Governor in Council and the Lieutenant Governor in Council may amend the approved proposal for an initiative in accordance with the recommendation or decide not to make the amendment.

Typographical errors, etc.

(3) Despite clause (1) (b), the Minister of the Environment may amend an approved proposal for an initiative without consulting with the other Great Lakes ministers on the amendment if the amendment is,

(a) to correct a clerical, grammatical or typographical error; or

(b) to correct errors, if it is patent that an error has been made and what the correction should be.

Effect of amendment

(4) If an approved proposal for an initiative is amended under this section, references in this Act to the approved proposal are deemed to be references to the approved proposal as amended under this section.

Part VI
Initiatives

Development of initiative once proposal approved

15. If the Lieutenant Governor in Council approves a proposal for an initiative under Part V, the public body or public bodies identified in the approved proposal as responsible for the development of the initiative shall, on or before the date specified in the approved proposal, develop a draft initiative in accordance with the approved proposal and submit the draft initiative to the Minister of the Environment.

Minister's options if draft initiative submitted

16. (1) If a draft initiative is submitted to the Minister of the Environment, he or she may,

(a) direct the public body or public bodies who submitted the draft initiative to, within a time that he or she has specified, make amendments to the draft initiative in accordance with the direction and resubmit the draft initiative to the Minister;

(b) appoint one or more hearing officers for the purpose of conducting one or more hearings within the area to which the initiative would apply or its general proximity for the purpose of receiving representations respecting the draft initiative;

(i) any recommendations that he or she considers advisable, which may include recommendations for amendments, and

(ii) any recommendations made by a hearing officer, which may include recommendations for amendments; or

(d) decide not to refer the draft initiative to the Lieutenant Governor in Council.

Resubmission

(2) If a draft initiative is resubmitted as required by the Minister of the Environment under clause (1) (a), this section applies in respect of the resubmitted draft initiative.

Failure to resubmit

(3) If a draft initiative is not resubmitted as required by the Minister of the Environment under clause (1) (a) within the time that he or she has specified, he or she may take steps set out in clause (1) (b), (c) or (d) in respect of the draft initiative.

Hearing officer

17. (1) If the Minister of the Environment appoints a hearing officer for the purpose mentioned in clause 16 (1) (b), the hearing officer shall,

(a) fix the time and place for the hearing; and

(b) require that notice, as specified by the hearing officer, be given to the persons, public bodies and other bodies that the Minister specifies in the appointment and in the manner specified by the Minister in the appointment.

Rules of procedure

(2) The hearing officer may make rules of procedure for the hearing.

Protection from personal liability

(3) The hearing officer is not personally liable for anything done by him or her in good faith in the execution of his or her duty under this Act or for any neglect or default in the execution in good faith of his or her duty.

Recommendations

(4) Upon the conclusion of the hearing, the hearing officer shall prepare written recommendations, with reasons, recommending what action the Minister of the Environment should take with respect to the draft initiative and shall give the written recommendations with the reasons to the Minister and to the parties to the hearing within 60 days after the conclusion of the hearing.

Approval of initiative by L.G. in C.

18. If the Minister of the Environment refers a draft initiative to the Lieutenant Governor in Council, the Lieutenant Governor in Council shall,

(a) approve the initiative, with or without any amendments that have been recommended and any other amendments that the Lieutenant Governor in Council considers advisable; or

(b) decide not to approve the initiative.

Initiative, contents

19. (1) An initiative shall set out at least one of the following:

1. A policy described in Schedule 1 in respect of an area to which the initiative applies, to achieve the objectives of the initiative.

2. A recommendation that a regulation be made under section 26 in respect of an area to which the initiative applies, together with a description of the proposed contents of the regulation.

Same

(2) In addition to the contents required under subsection (1), an initiative shall set out the following, unless the approved proposal for the initiative specifies otherwise:

1. A description of the area to which the initiative applies.

2. A description of the environmental conditions of the area.

3. A description of the issues and activities to be addressed by the initiative.

4. The objectives of the initiative.

5. The principles and priorities that guided the development of the initiative.

6. The priorities that should guide implementation of the initiative.

7. The methods that will be used to assess whether the objectives of the initiative are being achieved.

8. A strategy for financing the implementation of the initiative.

9. The date the initiative takes effect, subject to subsection (5).

Same, policies

(3) An initiative may set out one or more policies in respect of an area to which the initiative applies to achieve the objectives of the initiative, which policies may include those described in Schedules 1, 2 and 3.

Schedule 1 policy may be designated in initiative

(4) A policy described in Schedule 1 that is set out in an initiative may be designated in the initiative for the purposes of one or more of sections 20 to 24 as a designated policy, subject to any rules specified in the approved proposal for the initiative.

Effective date

(5) An initiative takes effect on the later of the date notice of the approval is published on the environmental registry established under section 5 of the Environmental Bill of Rights, 1993 and the date specified in the initiative.

Responsibility for implementing policies

(6) An initiative may identify one or more public bodies or persons as responsible for implementing a policy.

Effect of initiative

Decisions under Planning Act or Condominium Act, 1998

20. (1) A decision under the Planning Act or the Condominium Act, 1998 made by a municipal council, municipal planning authority, planning board, other local board, minister of the Crown or ministry, board, commission or agency of the Government of Ontario, including the Ontario Municipal Board, that relates to the area to which an initiative applies shall,

(a) conform with designated policies that are set out in the initiative; and

(b) have regard to policies described in Schedule 1 that are set out in the initiative and that are not designated policies.

Limitation

(2) Subsection (1) does not apply to a policy statement issued under section 3 of the Planning Act or a minister's order under section 47 of the Planning Act.

Conflicts re official plans, by-laws

(3) Despite any other Act, an initiative prevails in the case of conflict between a designated policy set out in the initiative and,

(a) an official plan;

(b) a zoning by-law; or

Conflicts re provisions in plans, policies

(4) Despite any Act, but subject to a regulation made under clause 36 (1) (c), (d) or (e), if there is a conflict between a provision of a designated policy set out in an initiative and a provision in a plan or policy that is mentioned in subsection (5), the provision that provides the greatest protection to the ecological health of the Great Lakes-St. Lawrence River Basin prevails.

Plans or policies

(5) The plans and policies to which subsection (4) refers are,

(a) a policy statement issued under section 3 of the Planning Act;

(b) the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005 and any amendment to the Plan;

(c) the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act and any amendment to the Plan;

(d) the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001 and any amendment to the Plan;

(e) a growth plan approved under the Places to Grow Act, 2005 and any amendment to the Plan;

(f) a plan or policy made under a provision of an Act, if the provision has been prescribed by the regulations; and

(g) a plan or policy that has been prescribed by the regulations, or provisions of a plan or policy that have been prescribed by the regulations, that is made by the Lieutenant Governor in Council, a minister of the Crown, or a ministry, board, commission or agency of the Government of Ontario.

Actions to conform to initiative

(6) Despite any other Act, no municipality or municipal planning authority shall,

(a) undertake, within the area to which an initiative applies, any public work, improvement of a structural nature or other undertaking that conflicts with a designated policy set out in the initiative; or

(b) pass a by-law for any purpose that conflicts with a designated policy set out in the initiative.

Comments, advice

(7) If a public body provides comments, submissions or advice relating to a decision or matter described in subsection (8), the comments, submissions or advice shall,

(a) conform with designated policies that are set out in an initiative; and

(b) have regard to policies described in Schedule 1 that are set out in an initiative and that are not designated policies.

Same

(8) Subsection (7) applies to the following:

1. A decision under the Planning Act or the Condominium Act, 1998 that relates to the area to which the initiative applies.

2. A decision to issue, otherwise create or amend a prescribed instrument that relates to the area to which the initiative applies.

3. Any other matter specified in the initiative.

Prescribed instruments

(9) Subject to a regulation made under clause 36 (1) (f), (g) or (h), a decision to issue, otherwise create or amend a prescribed instrument shall,

(a) conform with designated policies that are set out in the initiative; and

(b) have regard to policies described in Schedule 1 that are set out in the initiative and that are not designated policies.

No authority

(10) Subsection (9) does not permit or require a person or body,

(a) to issue or otherwise create an instrument that it does not otherwise have authority to issue or otherwise create; or

(b) to make amendments that it does not otherwise have authority to make.

Official plan and conformity

21. The council of a municipality or a municipal planning authority that has jurisdiction in the area to which an initiative applies shall amend its official plan to conform with designated policies set out in the initiative,

(a) no later than the date the council of the municipality or the municipal planning authority is required to revise an official plan in accordance with subsection 26 (1) of the Planning Act, if the Minister of the Environment does not direct the council or the planning authority to make the amendments on or before a specified date; or

(b) no later than the date set by the Minister of the Environment, if he or she directs the council of the municipality or the municipal planning authority to make the amendments on or before a specified date.

Minister's proposals to resolve official plan non-conformity

22. (1) If, in the opinion of the Minister of the Environment, the official plan of a municipality or a municipal planning authority that has jurisdiction in the area to which an initiative applies does not conform with a designated policy set out in the initiative, he or she may,

(a) advise the municipality or municipal planning authority of the particulars of the non-conformity; and

(b) invite the municipality or the municipal planning authority to submit, within a specified time, proposals for the resolution of the non-conformity.

Joint order

(2) The Minister of the Environment may by order, together with the Minister of Municipal Affairs and Housing, amend the official plan to resolve the non-conformity,

(a) if the council of the municipality or the municipal planning authority fails to submit proposals to resolve the non-conformity within the specified time; or

(b) if proposals are submitted but, after consultation with the Minister of the Environment, the non-conformity cannot be resolved, and the Minister of the Environment so notifies the council of the municipality or the municipal planning authority in writing.

Effect of order

(3) An order under subsection (2),

(a) has the same effect as an amendment to the official plan that is adopted by the council of the municipality or the municipal planning authority and, if the amendment is not exempt from approval, approved by the appropriate approval authority; and

(b) is final and not subject to appeal.

Unorganized territory

(4) Section 21 and subsections (1), (2) and (3) apply with necessary modifications to a planning board in respect of the unorganized territory within the planning area for which the planning board is established.

Municipality within a planning area

(5) Section 21 and subsections (1), (2) and (3) apply with necessary modifications to a municipality situated within a planning area and to the provisions of the official plans of the planning area that apply to the municipality as if those provisions were the official plan of the municipality.

Prescribed instruments and conformity

23. (1) Subject to a regulation made under clause 36 (1) (f), (g) or (h), a person or body that issued or otherwise created a prescribed instrument before an initiative took effect shall amend the instrument to conform with designated policies set out in the initiative.

Deadline for amendments

(2) The person or body that issued or otherwise created the prescribed instrument shall make any amendments required by subsection (1) before the date specified in the initiative.

No authority

(3) Subsection (1) does not permit or require a person or body to make amendments that it does not otherwise have authority to make.

Requests for amendment of instruments

24. Subject to a regulation made under clause 36 (1) (f), (g) or (h), if, in the opinion of the Minister of the Environment, a prescribed instrument does not conform with a designated policy set out in an initiative, he or she may,

(a) advise any person or body that has authority to amend or require an amendment to the prescribed instrument of the particulars of the non-conformity;

(b) request the person or body to take such steps as are authorized by law to amend the prescribed instrument to address the non-conformity; and

(c) require the person or body to report to the Minister on any steps taken under clause (b) and on any amendment that is made to the prescribed instrument.

Monitoring, reporting and reviewing

25. If a public body is identified in an initiative as being responsible for the implementation of a policy described in Schedule 2 that is set out in the initiative, the public body shall comply with any obligations imposed on it by the policy.

Regulations - shoreline protection in areas to which initiatives apply

26. (1) The Lieutenant Governor in Council may make regulations,

(a) regulating or prohibiting activities that may adversely affect the ecological health of the Great Lakes-St. Lawrence River Basin;

(b) requiring persons to do things to protect or restore the ecological health of the Great Lakes-St. Lawrence River Basin;

(c) designating a public body as the enforcement body for the purposes of this section and providing for the appointment of officers by the public body to enforce any regulation made under this section;

(d) authorizing an officer appointed under clause (c) to issue orders to any person who contravenes a regulation made under clause (a) or (b), governing the issuance of those orders and their contents, and providing for and governing appeals of those orders;

(e) authorizing the public body designated under clause (c) to charge fees in respect of any matter specified by the regulations that relates to the administration of a regulation made under this section;

(f) governing the amount of fees that may be charged by a public body under clause (e) and the payment of those fees;

(g) respecting any matter that the Lieutenant Governor in Council considers advisable to carry out effectively the intent and purpose of regulations made under this section.

Application of cl. (1) (a) and (b)

(2) A regulation under clause (1) (a) shall not be made in respect of activities that are carried out in and a regulation under clause (1) (b) shall not be made in respect of things to be done in an area unless the area is,

(a) an area to which an initiative applies; and

(b) an area of land or water,

(i) adjacent or close to the shoreline of a Great Lake, the St. Lawrence River or any other lake other than a Great Lake,

(ii) within, adjacent or close to a permanent or intermittent tributary of a lake, or

(iii) within, adjacent or close to wetlands.

Application of Lake Simcoe Protection Act, 2008 - maps and permits

(3) The following provisions of the Lake Simcoe Protection Act, 2008 apply, with necessary modifications, in respect of a regulation made under this section:

1. Subsection 26 (4) (reference to maps).

2. Subsection 26 (5) (permits).

Application of Lake Simcoe Protection Act, 2008 - enforcement

(4) The following provisions of the Lake Simcoe Protection Act, 2008 apply, with necessary modifications, in respect of an officer appointed under clause (1) (c) for the purpose of enforcing a regulation made under this section:

1. Clauses 26 (6) (a) and (b) (authority to enter property without the consent of the owner or occupier and without a warrant).

2. Subsection 26 (7) (training of officers).

3. Subsection 26 (8) (warrant required with respect to a dwelling).

4. Subsections 26 (9) to (16) (powers and duties when entering property).

5. Subsections 26 (17) to (24) (warrants authorizing entry).

6. Subsection 26 (25) (restoration of property).

Request for documents, data

(5) If an officer appointed under clause (1) (c) requests in writing that a person produce any documents or data that relate to an activity that is regulated or prohibited by a regulation made under clause (1) (a) or to a thing that a person is required to do by a regulation made under clause (1) (b), the person shall produce the documents or data for the officer within the time and in the manner specified by the officer in the request.

Offence: contravening regulation or order

(6) Every person who contravenes a regulation made under subsection (1) or an order issued in accordance with a regulation made under subsection (1) is guilty of an offence.

Offence: obstruction

(7) A person is guilty of an offence if the person,

(a) prevents or obstructs a person from entering property, or doing any other thing authorized under this section; or

(b) refuses to comply with a request made under subsection (5).

Penalty, individual

(8) An individual who is guilty of an offence under this section is liable, on conviction,

(a) in the case of a first conviction, to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues; and

(b) in the case of a subsequent conviction, to a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues.

Same, corporation

(9) A corporation that is guilty of an offence under this section is liable, on conviction,

(a) in the case of a first conviction, to a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues; and

(b) in the case of a subsequent conviction, to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.

Directors, officers, employees and agents

(10) If a corporation commits an offence under this section, a director, officer, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or failed to take all reasonable care to prevent the commission of the offence, or who participated in the commission of the offence, is also guilty of the offence, whether the corporation has been prosecuted for the offence or not.

Application of Lake Simcoe Protection Act, 2008 - offences

(11) The following provisions of the Lake Simcoe Protection Act, 2008 apply, with necessary modifications, in respect of offences under this section:

1. Subsection 26 (31) (court may increase fine to address monetary benefit).

2. Subsection 26 (32) (additional orders).

3. Subsection 26 (33) (other remedies and penalties preserved).

4. Subsections 26 (34) and (35) (effects of non-compliance with order).

5. Subsection 26 (36) (limitation period).

6. Subsection 26 (37) (immunity from liability).

7. Subsection 26 (38) (vicarious liability).

Same

(12) For the purposes of paragraph 2 of subsection (11), the reference to the Lake Simcoe watershed in paragraph 1 of subsection 26 (32) of the Lake Simcoe Protection Act, 2008 is deemed to be a reference to the Great Lakes-St. Lawrence River Basin.

References to public body

(13) For the purposes of paragraph 1 of subsection (3) and paragraph 4 of subsection (11), the references to a public body in subsections 26 (4), (34) and (35) of the Lake Simcoe Protection Act, 2008 are deemed to be references to a public body as defined in subsection 3 (1) of this Act.

References to regulations

(14) For the purposes of subsections (3), (4) and (11), any reference in the provisions of the Lake Simcoe Protection Act, 2008 mentioned in those subsections to a matter that is prescribed by the regulations made under the Lake Simcoe Protection Act, 2008 or to a regulation made under the Lake Simcoe Protection Act, 2008 is deemed to be a reference to a matter that is prescribed by the regulations made under this Act or to a regulation made under this Act.

Conflict with regulations or instruments under other Acts

(15) If there is a conflict between a provision of a regulation made under this section and a provision of a regulation, by-law or instrument made, issued or otherwise created under another Act with respect to a matter that affects or has the potential to affect the ecological health of the Great Lakes-St. Lawrence River Basin, the provision that provides the greatest protection to the ecological health of the Great Lakes-St. Lawrence River Basin prevails.

Part VII
Miscellaneous

Public consultation and notice

Environmental Bill of Rights, 1993

27. (1) The following documents are policies for the purpose of the Environmental Bill of Rights, 1993:

1. The Strategy.

2. A target established under Part IV.

3. A proposal for an initiative approved under Part V.

4. An initiative approved under Part VI.

Notice on Internet, etc.

(2) The Minister of the Environment shall make each of the documents mentioned in subsection (1) and every progress report prepared under section 7 available to the public by posting a copy of it on the Government of Ontario site on the Internet and in such other manner as he or she considers appropriate.

Traditional ecological knowledge

28. First Nations and Métis communities that have a historic relationship with the Great Lakes-St. Lawrence River Basin may offer their traditional ecological knowledge for the purpose of assisting in anything done under this Act.

Delegation by Minister

29. (1) The Minister of the Environment may delegate in writing any of his or her powers or duties under this Act to one or more public servants employed under Part III of the Public Service of Ontario Act, 2006.

Exception

(2) Subsection (1) does not apply to the Minister of the Environment's powers to,

(a) establish a target or issue a direction in respect of a target under Part IV;

(b) direct a public body to develop a proposal for an initiative under Part V;

(c) amend an approved proposal for an initiative, except if the power exercised is a power to make an amendment described in subsection 14 (2); and

(d) refer a proposal for an initiative under Part V or a draft initiative under Part VI to the Lieutenant Governor in Council.

Extensions of time

30. The Minister of the Environment may in writing extend the time for doing anything required under this Act, before or after the time for doing the thing has expired.

Great Lakes agreements

31. (1) A person or body responsible for the establishment or review of the Strategy, the establishment of a target under Part IV or the development or amendment of an initiative under Part VI shall consider any agreements that are in effect and to which the Government of Ontario or the Government of Canada is a party and that relate to the protection or restoration of the ecological health of the Great Lakes-St. Lawrence River Basin, including the following agreements or the agreements that replace the following agreements:

1. The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005 dated December 13, 2005 and signed by the Premiers of Ontario and Quebec and the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin.

2. The Great Lakes Charter signed by the Premiers of Ontario and Quebec and the Governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin on February 11, 1985, including any amendments made before or after this section comes into force.

3. The Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem 2007 entered into between Her Majesty the Queen in Right of Canada and Her Majesty the Queen in Right of Ontario, effective June 25, 2007, including any amendments made before or after this section comes into force.

4. The Great Lakes Water Quality Agreement of 1978 between Canada and the United States of America, signed at Ottawa on November 22, 1978, including any amendments made before or after this section comes into force.

Transition

(2) Subsection (1) ceases to apply with respect to the Great Lakes Charter described in paragraph 2 of subsection (1) on the date that the parties to the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005 described in paragraph 1 of subsection (1) certify in writing that the Great Lakes Charter has been replaced by that agreement.

Obligations of public bodies

Effect of Minister's direction

32. (1) If the Minister of the Environment directs a public body to do something under Part IV or V, the public body shall comply with the direction.

Request for documents

(2) If a public body that is responsible for one of the following matters requests that another public body provide copies of any documents that are in its possession and control and that relate to the matter, the public body that receives the request shall comply with the request:

1. The development of a proposal for an initiative under Part V.

2. The development, amendment or review of an initiative under Part VI.

3. Reporting on the progress or implementation of an initiative.

Non-application of certain Acts

Statutory Powers Procedure Act

33. (1) The Statutory Powers Procedure Act does not apply to anything done under this Act.

Environmental Assessment Act, not an undertaking

(2) For greater certainty, an initiative approved under Part VI is not an undertaking as defined in subsection 1 (1) of the Environmental Assessment Act, but that Act continues to apply within the area to which the initiative applies.

Legislation Act, 2006

(3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an initiative approved under Part VI or an order made under subsection 22 (2).

Limitations on remedies

34. (1) No cause of action arises as a direct or indirect result of,

(a) the enactment or repeal of any provision of this Act;

(b) the making or revocation of any provision of the regulations made under this Act; or

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 anything referred to in clause (1) (a), (b) or (c).

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 anything referred to in clause (1) (a), (b) or (c) may be brought or maintained against any person.

Same

(4) 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

(5) Any proceeding referred to in subsection (3) that is commenced before the day this Act comes into force is deemed to have been dismissed, without costs, on the day this Act comes into force.

No expropriation or injurious affection

(6) Nothing done or not done in accordance with this Act or the regulations constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

Person defined

(7) In this section,

"person" includes, but is not limited to, the Crown and its employees and agents, any other public body and their members, employees and agents and members of the Executive Council.

Conflict with other Acts

35. If there is a conflict between a provision of this Act and a provision of another Act with respect to a matter that affects or has the potential to affect the ecological health of the Great Lakes-St. Lawrence River Basin, the provision that provides the greatest protection to the ecological health of the Great Lakes-St. Lawrence River Basin prevails.

Regulations - L.G. in C.

36. (1) The Lieutenant Governor in Council may make regulations,

(a) designating instruments as prescribed instruments for the purposes of this Act;

(b) governing amendments to initiatives approved under Part VI;

(c) governing and clarifying the application of subsection 20 (4), including determining when a conflict exists for the purpose of that subsection and determining the nature of the conflict;

(d) dealing with any problems or issues arising as a result of the application of subsection 20 (4);

(e) resolving conflicts between the provisions of designated policies set out in initiatives and the provisions of plans and policies mentioned in subsection 20 (5), including determining which provisions prevail or how the plans or policies must be modified to resolve the conflict;

(f) governing and clarifying the application of subsections 20 (9) and 23 (1) and section 24, including determining when a prescribed instrument does not conform with a designated policy set out in an initiative for the purpose of those provisions, and determining the nature of the non-conformity;

(g) dealing with any problems or issues arising as a result of the application of the provisions mentioned in clause (f);

(h) resolving any non-conformity between provisions of prescribed instruments and designated policies set out in initiatives, including determining how prescribed instruments must be amended to resolve the non-conformity;

(i) providing for transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or desirable to facilitate the implementation of an initiative;

(j) prescribing or respecting any matter that this Act refers to as a matter that is prescribed by the regulations or as otherwise dealt with by the regulations.

Regulations under cl. (1) (a)

(2) A regulation made under clause (1) (a) shall designate an instrument by specifying the provision of an Act or a regulation under which the instrument is issued or otherwise created but shall not specify a provision of the Planning Act, the Condominium Act, 1998 or a regulation made under either of those Acts.

Regulations under cl. (1) (b)

(3) Without limiting the generality of clause (1) (b), a regulation under that clause may prescribe,

(a) provisions in respect of initiatives in Part VI that apply, with necessary modifications, in respect of amendments to initiatives;

(b) circumstances in which a public body may propose amendments to an initiative;

(c) circumstances in which the Minister of the Environment may propose amendments to an initiative and direct a public body to prepare and submit amendments in accordance with his or her direction;

(d) consultation and notice requirements in respect of a proposal for an amendment to an initiative; and

(e) circumstances in which a proposal for an amendment to an initiative must be submitted to the Minister of the Environment or the Lieutenant Governor in Council for approval and circumstances in which no approval is required.

Regulations under cl. (1) (i)

(4) Without limiting the generality of clause (1) (i), a regulation under that clause may,

(a) provide for transitional matters respecting matters, applications and proceedings that were commenced before or after an initiative takes effect;

(b) determine which matters, applications and proceedings shall be continued and disposed of in accordance with an initiative and which matters, applications and proceedings may be continued and disposed of as if an initiative had not taken effect;

(c) deem a matter, application or proceeding to have been commenced on the date or in the circumstances described in the regulation.

Amendments to adopted documents

37. (1) If a regulation made under this Act adopts a document by reference and requires compliance with the document, the regulation may adopt the document as it may be amended from time to time.

When adoption of amendment effective

(2) The adoption of an amendment to a document that has been adopted by reference comes into effect upon the Ministry of the Environment publishing notice of the amendment in The Ontario Gazette or in the environmental registry established under section 5 of the Environmental Bill of Rights, 1993.

part VIII
commencement and short title

Commencement

38. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

39. The short title of this Act is the Great Lakes Protection Act, 2012.

Schedule 1
Policies - legal effect under sections 20 to 24

1.	Policies respecting key natural heritage features and key hydrologic features that assist in achieving the objectives of the initiative and that have been set out in the initiative, including,
	i. policies to protect, improve or restore key natural heritage features and their functions and key hydrologic features and their functions,
	ii. policies prohibiting any use of land or the erection, location or use of buildings or structures for, or except for, such purposes as may be set out in the initiative, and
	iii. policies restricting or regulating the use of land or the erection, location or use of buildings or structures for, or except for, such purposes as may be set out in the initiative.
2.	Policies governing requirements for planning, development, infrastructure and site alteration for the purpose of achieving the objectives of the initiative, including policies related to the management of stormwater and wastewater.
3.	Policies specifying matters for the purpose of paragraph 3 of subsection 20 (8).
4.	Policies respecting activities governed by prescribed instruments, including,
	i. policies specifying requirements relating to the contents of prescribed instruments, including requirements related to the measures that shall be taken to assist in achieving the objectives of the initiative,
	ii. policies specifying the date by which prescribed instruments shall be amended to comply with the requirements referred to in subparagraph i, and
	iii. policies specifying requirements that apply to the creation, issue, amendment and revocation of prescribed instruments.
5.	Subject to the regulations made under clause 36 (1) (i), policies with respect to matters that may arise in the implementation of policies described in this Schedule.
6.	Such other policies as may be prescribed by the regulations.

Schedule 2
Policies - legal effect under section 25

1.	Policies monitoring programs, including performance monitoring programs to assess the effectiveness of the policies set out in the initiative.
2.	Policies respecting reporting on progress and implementation of the initiative.
3.	Policies respecting the review of the initiative.

Schedule 3
Policies - no legal effect

1.	Policies to support co-ordination of environmental and resource management programs, land use planning programs and land development programs of the various ministries of the Government of Ontario.
2.	Policies to support co-ordination of environmental and resource management, land use planning and land development among municipalities, conservation authorities and other local boards.
3.	Policies respecting stewardship programs.
4.	Policies respecting pilot programs.
5.	Policies respecting programs that specify and promote best management practices.
6.	Policies respecting outreach and education programs.
7.	Policies respecting research.
8.	Policies specifying actions to be taken by public bodies to implement the initiative or to achieve its objectives.

EXPLANATORY NOTE

Section 1 of the Bill states that the purposes of the Bill are to protect and restore the ecological health of the Great Lakes-St. Lawrence River Basin and to create opportunities for individuals and communities to become involved in its protection and restoration.

Section 4 of the Bill establishes the Great Lakes Guardians' Council, which is required to provide a forum to, among other things, identify priorities for actions, potential funding measures and partnerships and facilitate information sharing to achieve the purposes mentioned above. The Bill requires the Minister of the Environment to ensure that meetings of the Council are held and to extend invitations to meetings to specified persons.

Section 5 of the Bill requires the Minister of the Environment, after consulting with the other Great Lakes ministers, to establish Ontario's Great Lakes Strategy. The Bill specifies the contents of the Strategy and requires the Strategy to be reviewed at least every nine years.

The Minister of the Environment may establish targets relating to the Great Lakes-St. Lawrence River Basin. (See section 8.)

The Bill sets out a procedure to be followed in respect of proposals for geographically-focussed initiatives. The Minister of the Environment is required to engage in consultations before directing a public body to develop such a proposal. The Minister may refer a proposal for an initiative to the Lieutenant Governor in Council for approval. (See sections 9 to 14.)

A public body identified in an approved proposal for an initiative is required to develop an initiative in accordance with the approved proposal. (See section 15.) In order for an initiative to take effect, it must be referred to the Lieutenant Governor in Council by the Minister of the Environment and approved by the Lieutenant Governor in Council. An initiative must set out a number of matters, including the environmental conditions of the area to which the initiative applies, the objectives of the initiative and policies to achieve the objectives. The initiative must contain a policy or a recommendation that would have specified legal effect under the Bill. (See section 19.)

Decisions made under the Planning Act or the Condominium Act, 1998 must conform with designated policies and must have regard to other policies set out in an initiative. (See section 20.) In the case of conflict, a designated policy prevails over an official plan or a zoning by-law. Municipalities and municipal planning authorities are prohibited from undertaking any public work or other undertaking and from passing any by-law that conflicts with a designated policy set out in an initiative. Comments, submissions or advice provided by public bodies on certain decisions and matters, and decisions to issue prescribed instruments, must conform with designated policies and have regard to other policies set out in an initiative. Municipalities and municipal planning authorities that have jurisdiction in the Great Lakes-St. Lawrence River Basin must amend their official plans to conform with designated policies set out in an initiative. (See sections 21 and 22.) If required in the initiative, prescribed instruments issued before an initiative takes effect must also be amended to conform with designated policies set out in an initiative. (See sections 23 and 24.)

The Lieutenant Governor in Council is given power to make regulations in respect of an area to which an initiative applies, regulating or prohibiting activities that may adversely affect the ecological health of the Great Lakes-St. Lawrence River Basin and requiring things to be done to protect or restore the ecological health of the Basin. These regulations may apply to areas that are close to shorelines, tributaries or wetlands. Powers to enforce these regulations are included. (See section 26.)

Other matters, including public consultation and notice requirements and additional regulation-making powers, are dealt with in Part VII of the Bill.