Oak Ridges Moraine Conservation Act, 2001

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Sections56

• 1Interpretation

  1 (1) In this Act, “First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”) “former Act” means the Oak Ridges Moraine Protection Act, 2001; (“loi antérieure”) “local board” has the same meaning as in the Municipal Affairs Act, but does not include a board as defined in subsection 1 (1) of the Education Act; (“conseil local”) “Minister” means the Minister of Municipal Affairs and Housing; (“ministre”) “municipal planning authority” means a municipal planning authority established under section 14.1 of the Planning Act; (“office d’aménagement municipal”) “natural core area” and “natural linkage area” mean areas designated as such in the Oak Ridges Moraine Conservation Plan; (“zone centrale naturelle” et “lien physique naturel”) “Oak Ridges Moraine Area” means the area of land designated under section 2; (“territoire de la moraine d’Oak Ridges”) “Oak Ridges Mor…

• 1.
• 2Designation of Oak Ridges Moraine Area

  2 (1) The following area of land is designated as the Oak Ridges Moraine Area: 1. The land designated as Part 1 on a plan entitled “Plan of the Boundary of the Oak Ridges Moraine Area” and filed on October 22, 2001 with the Office of the Surveyor General of Ontario. 2023, c. 22, Sched. 4, s. 1. Public inspection (2) Copies of the plan referred to in subsection (1) are available for public inspection at the offices of the Ministry of Municipal Affairs and Housing and the offices of the Ministry of Natural Resources and Forestry. 2023, c. 22, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2023, c. 22, Sched. 4, s. 1 - 06/12/2023

• 2.
• [s2]

  Oak Ridges Moraine Conservation Plan

• 3Establishment of Plan

  3 (1) The Minister may, by regulation, establish the Oak Ridges Moraine Conservation Plan for all or part of the Oak Ridges Moraine Area. 2001, c. 31, s. 3 (1). Copies (2) The Minister shall ensure that a copy of the Plan and of every amendment to it is filed, (a) in the offices of the Ministry of Municipal Affairs and Housing; and (b) with the clerk of each municipality that has jurisdiction in the Oak Ridges Moraine Area. 2001, c. 31, s. 3 (2). Review (3) The Minister shall ensure that a review of the Plan is carried out at the same time the review of the Greenbelt Plan is carried out under the Greenbelt Act, 2005 to determine whether the Plan should be revised. 2005, c. 1, s. 26 (1). Natural core areas and natural linkage areas (4) A review under subsection (3) shall not consider removing land from the natural core areas or the natural linkage areas. 2001, c. 31, s. 3 (4). Consultatio…

• 3.
• 4Objectives

  4 The objectives of the Oak Ridges Moraine Conservation Plan are, (a) protecting the ecological and hydrological integrity of the Oak Ridges Moraine Area; (b) ensuring that only land and resource uses that maintain, improve or restore the ecological and hydrological functions of the Oak Ridges Moraine Area are permitted; (c) maintaining, improving or restoring all the elements that contribute to the ecological and hydrological functions of the Oak Ridges Moraine Area, including the quality and quantity of its water and its other resources; (d) ensuring that the Oak Ridges Moraine Area is maintained as a continuous natural landform and environment for the benefit of present and future generations; (e) providing for land and resource uses and development that are compatible with the other objectives of the Plan; (f) providing for continued development within existing urban settlement areas…

• 4.
• 5Contents of Plan

  5 The Oak Ridges Moraine Conservation Plan may, (a) set out land use designations for land to which the Plan applies; (b) with respect to the areas affected by those land use designations, (i) prohibit any use of land or the erection, location and use of buildings or structures for or except for such purposes as may be set out in the Plan, (ii) restrict or regulate the use of land or the erection, location and use of buildings or structures, and (iii) set out policies relating to land and resource protection and land development; (c) prohibit official plans and zoning by-laws from containing provisions with respect to specified matters that are more restrictive than those in the Plan; and (d) specify matters for the purpose of clause (c). 2001, c. 31, s. 5.

• 5.
• 6Agreements

  6 (1) For the purposes of achieving the objectives of the Oak Ridges Moraine Conservation Plan, the Minister or a municipality with jurisdiction in the Oak Ridges Moraine Area may enter into an agreement with any other person or public body, including but not limited to an agreement that provides for sharing the costs of implementing any feature of the Plan. 2001, c. 31, s. 6 (1). Planning Act and Development Charges Act, 1997 (2) Subsection (1) is subject to the Planning Act and the Development Charges Act, 1997. 2001, c. 31, s. 6 (2).

• 6.
• 7Effect of Plan

  7 (1) A decision that is made under the Planning Act or the Condominium Act, 1998 or in relation to a prescribed matter, by a municipal council, local board, municipal planning authority, minister of the Crown or ministry, board, commission or agency of the Government of Ontario, including the Ontario Land Tribunal, shall conform with the Oak Ridges Moraine Conservation Plan. 2001, c. 31, s. 7 (1); 2021, c. 4, Sched. 6, s. 71 (1). Same (2) Despite any other Act, no municipality or municipal planning authority shall, within the area to which the Plan applies, (a) undertake any public work, improvement of a structural nature or other undertaking that conflicts with the Plan; or (b) pass a by-law for any purpose that conflicts with the Plan. 2001, c. 31, s. 7 (2). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 71 (1) - 01/06/2021

• 7.
• 8Conflict

  8 (1) Despite any other Act, the Oak Ridges Moraine Conservation Plan prevails in the case of conflict between the Plan and, (a) an official plan; (b) a zoning by-law; or (c) a policy statement issued under section 3 of the Planning Act. 2001, c. 31, s. 8 (1). Greater restriction not conflict (2) Subject to clauses 5 (c) and (d), an official plan or zoning by-law does not conflict with the Plan to the extent that its provisions are more restrictive than those in the Plan. 2001, c. 31, s. 8 (2).

• 8.
• 9Official plan amendment

  9 (1) On or before the day that is 12 months after the day the Oak Ridges Moraine Conservation Plan was filed under the Regulations Act, the regional municipalities of Peel, York and Durham shall each prepare and adopt an official plan amendment to implement the Plan. 2001, c. 31, s. 9 (1); 2006, c. 21, Sched. F, s. 122. Same (2) On or before the day that is 18 months after the filing date described in subsection (1), every other prescribed municipality or municipal planning authority shall prepare and adopt an official plan amendment to implement the Plan. 2001, c. 31, s. 9 (2). Approval process (3) Section 10 governs the approval process for each amendment required by subsections (1), (2) and (5). 2001, c. 31, s. 9 (3). Exercise of municipal powers by Minister (4) If a municipality or municipal planning authority fails to comply with subsection (1) or (2), the Minister may, on giving t…

• 9.
• 10Approval process, amendments under subss. 9 (1), (2) and (5)

  10 (1) This section applies with respect to official plan amendments required by subsections 9 (1) and (2) and zoning by-law amendments required by subsection 9 (5). 2001, c. 31, s. 10 (1). Minister as approval authority (2) The Minister is the approval authority. 2001, c. 31, s. 10 (2). Delegation (3) The Minister may, by order, delegate to the relevant upper-tier municipality his or her powers and duties as approval authority with respect to official plan amendments required by subsection 9 (2), and in that case subsections (4) to (12) do not apply to those amendments. 2001, c. 31, s. 10 (3). Planning Act (4) The Planning Act, except subsections 17 (2) to (8), (19), (24) to (30) and (33) to (50), applies to official plan amendments to which this section applies. 2001, c. 31, s. 10 (4). Same (5) The Planning Act, except subsections 34 (10.1) to (11.1), (14.1), (14.2), (19) to (26) and (…

• 10.
• 11Amendments to Plan

  11 (1) Any amendments to the Plan, (a) shall be made in accordance with section 12; and (b) shall conform with the objectives of the Plan set out in section 4. 2001, c. 31, s. 11 (1). Revocation (2) Subsections 12 (1), (5), (6) and (8) to (11) apply, with necessary modifications, to revocation of the Plan. 2001, c. 31, s. 11 (2).

• 11.
• 12Amending process – Minister’s proposal

  12 (1) The Minister may propose an amendment to the Oak Ridges Moraine Conservation Plan. 2001, c. 31, s. 12 (1). Same – application by prescribed person or public body (2) The Minister may prescribe circumstances under which a prescribed person or public body may apply to the Minister for an amendment to the Plan. 2001, c. 31, s. 12 (2). Refusal, non-conformity with objectives (3) The Minister may refuse an application made under subsection (2) if he or she is of the opinion that the amendment requested does not conform with the objectives of the Plan, as set out in section 4, and in that case subsections (5) to (9) do not apply to the amendment. 2001, c. 31, s. 12 (3). Notice of refusal, reasons (4) When an application is refused under subsection (3), the Minister shall give the applicant written notice and reasons. 2001, c. 31, s. 12 (4). Notice re proposed amendment (5) When an amend…

• 12.
• 13Duty of hearing officer

  13 (1) On being appointed under clause 10 (8) (b) or 12 (9) (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 prescribed persons and public bodies in the prescribed manner. 2001, c. 31, s. 13 (1). Rules of procedure (2) The hearing officer may make rules of procedure for the hearing. 2001, c. 31, s. 13 (2). 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. 2001, c. 31, s. 13 (3). Recommendations (4) The hearing officer shall prepare written recommendations, with reasons, recommending what action the Minister should take in accordance with clause 10 (8) (a) or 12 (9) (a), as…

• 13.
• 14Orders under Planning Act, s. 47

  14 (1) Nothing in this Act derogates from the Minister’s power to make an order under section 47 of the Planning Act with respect to land within the Oak Ridges Moraine Area. 2001, c. 31, s. 14 (1). Oak Ridges Moraine Conservation Plan and official plan (2) Despite subsection 7 (1), an order referred to in subsection (1) need not conform with the Oak Ridges Moraine Conservation Plan or with the relevant official plan. 2001, c. 31, s. 14 (2).

• 14.
• [s15]

  Transitional Provisions, Regulations and Miscellaneous

• 15Transition, application of s. 7

  15 (1) Section 7 applies with respect to all applications, matters or proceedings commenced on or after November 17, 2001. 2001, c. 31, s. 15 (1). Conformity to prescribed provisions of Plan (2) In making a decision under the Planning Act or section 9 of the Condominium Act, 1998 or in relation to another prescribed matter, a municipal council, local board, municipal planning authority, minister of the Crown or ministry, board, commission or agency of the Government of Ontario, including the Ontario Land Tribunal, shall conform to the prescribed provisions of the Oak Ridges Moraine Conservation Plan as if the Plan were in force on or before the date the application, matter or proceeding was commenced, if, (a) the application, matter or proceeding was commenced before November 17, 2001; and (b) on November 17, 2001, no decision has been made in respect of the application, matter or procee…

• 15.
• 16Deemed 18-month period

  16 The one-year period mentioned in subsection 53 (41) of the Planning Act shall be deemed to be 18 months in the case of an application for consent under section 53 of that Act if, (a) the application relates to land described in section 1 of the former Act; (b) the application is commenced during the 12-month period beginning on November 17, 2000; and (c) approval of the application is conditional on a zoning by-law amendment being made. 2001, c. 31, s. 16.

• 16.
• 17Further approvals

  17 (1) If a decision made under section 51 or 53 of the Planning Act or section 9 of the Condominium Act, 1998 with respect to land to which the Oak Ridges Moraine Conservation Plan applies is conditional on a further approval under either of those Acts, the decision on the application for the further approval shall be made in accordance with the same requirements of this Act that applied to the original decision. 2004, c. 9, s. 16 (2). Application of subs. (1) (2) Subsection (1) applies despite section 15. 2001, c. 31, s. 17 (2). Section Amendments with date in force (d/m/y) 2004, c. 9, s. 16 (2) - 16/12/2003

• 17.
• 18Minister’s orders and notices re appealed matters

  18 (1) If a matter relating to land to which the Oak Ridges Moraine Conservation Plan applies is appealed to the Ontario Land Tribunal, the Minister may do one or both of the following: 1. Amend the relevant official plan or zoning by-law with respect to the matter, by order. 2. Notify the Tribunal that its consideration of the matter should be deferred. 2021, c. 4, Sched. 6, s. 71 (3). Stay (2) When the Minister gives notice under paragraph 2 of subsection (1), all steps in the appeal are stayed as of the date of the notice, until he or she gives a further notice to the Ontario Land Tribunal that the appeal may be continued. 2004, c. 9, s. 16 (3); 2021, c. 4, Sched. 6, s. 71 (4). Legislation Act, 2006, Part III (3) Orders and notices under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2004, c. 9, s. 16 (3); 2006, c. 21, Sched…

• 18.
• 19Special provisions re prescribed lands

  19 (1) Despite their repeal by section 10 of the former Act, the following provisions of the former Act shall be deemed to continue to apply to any lands that may be prescribed: 1. Subsections 2 (1) and (2). 2. Subsections 3 (1) and (2). 3. Section 4. 4. Subsections 5 (1), (2), (3), (5), (6) and (7). 2001, c. 31, s. 19 (1). Repeal (2) Subsection (1) is repealed on a day to be named by proclamation of the Lieutenant Governor. 2001, c. 31, s. 19 (2). Continuation of matters (3) On the repeal of subsection (1), all applications, appeals, referrals, procedures and hearings that were deemed to continue to be stayed under that subsection are continued as if that subsection had never been enacted, and any time periods shall be calculated as if no time had passed between the day the matter was stayed under subsection (1) and the repeal of that subsection. 2001, c. 31, s. 19 (3). Same (4) If a re…

• 19.
• 20Limitations on remedies

  20 (1) No cause of action arises as a direct or indirect result of, (a) the enactment, amendment or repeal of any provision of this Act, including, for greater certainty, the amendments made to this Act by the Greenbelt Statute Law Amendment Act, 2023; (b) the making, amendment or revocation of any provision of the regulations; (c) anything done or not done in accordance with this Act or the regulations; or (d) any representation or other conduct by current or former employees, officers or agents of the Crown in right of Ontario or current or former members of the Executive Council that is related, directly or indirectly, to, (i) the actual or potential enactment of any Act or actual or potential making of any regulation or other instrument concerning a change in designation of lands in the Plan, including under Ontario Regulation 568/22 made under this Act or section 26 of this Act, (ii…

• 20.
• 21Non-application of Statutory Powers Procedure Act

  21 The Statutory Powers Procedure Act does not apply to anything done under this Act. 2001, c. 31, s. 21.

• 21.
• 22Regulations – Lieutenant Governor in Council

  22 (1) The Lieutenant Governor in Council may, by regulation, (a) Repealed: 2023, c. 22, Sched. 4, s. 3. (b) prescribe matters for the purposes of subsection 7 (1); (c) prescribe matters for the purposes of subsection 15 (2); (d) prescribe land for the purposes of subsection 19 (1). 2001, c. 31, s. 22 (1); 2023, c. 22, Sched. 4, s. 3. Retroactivity (2) A regulation under clause (1) (a) may be made retroactive to a date no earlier than November 16, 2001. 2001, c. 31, s. 22 (2). Section Amendments with date in force (d/m/y) 2023, c. 22, Sched. 4, s. 3 - 06/12/2023

• 22.
• 23Regulations – Minister

  23 (1) The Minister may, by regulation, (a) establish the Oak Ridges Moraine Conservation Plan; (b) prescribe additional objectives for the Plan; (c) revoke the Plan in accordance with subsection 11 (2); (d) make amendments to the Plan in accordance with section 12; (e) with respect to applications under subsection 12 (2), prescribe, (i) persons and public bodies who may make applications, (ii) circumstances under which prescribed persons and public bodies may make applications, (iii) information and material to be included with applications, and (iv) fees to be charged for processing applications and circumstances in which the amount of a fee may be reduced or its payment may be waived; (f) require specified lower-tier municipalities and single-tier municipalities with jurisdiction in the Oak Ridges Moraine Area to pass by-laws under section 135 or 142, or both, of the Municipal Act, 20…

• 23.
• 24Offence

  24 (1) Every person who contravenes a prohibition contained in the Oak Ridges Moraine Conservation Plan, fails to comply with a restriction contained in the Plan or fails to comply with an order made under subsection (5) is guilty of an offence. 2001, c. 31, s. 24 (1). Penalty, individual (2) An individual who is guilty of an offence described in subsection (1) 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. 2001, c. 31, s. 24 (2). Same, corporation (3) A corporation that is guilty of an offence described in subsection (1) is liable, on conviction, (a) in the case of a first conviction, to a fine of not more than …

• 24.
• 25Conflict

  25 In the event of conflict between this Act and any other general or special Act, this Act prevails. 2001, c. 31, s. 25.

• 25.
• 26Statutory reversal of amendments to Plan

  26 Ontario Regulation 140/02 (Oak Ridges Moraine Conservation Plan) made under this Act is deemed to apply as though the amendments made by Ontario Regulation 568/22 had not been made. 2023, c. 22, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 22, Sched. 4, s. 4 - 06/12/2023

• 26.
• 27

  27 Omitted (enacts short title of this Act). 2001, c. 31, s. 27. ______________

• 27.