Greenbelt Act, 2005

1 (1) In this Act, “Greenbelt Area” means the area of land designated under section 2; (“zone de la ceinture de verdure”) “Greenbelt Plan” means the plan established under section 3; (“Plan de la ceinture de verdure”) “Greenbelt Plan Amendment No. 3” means the amendment to the Greenbelt Plan approved by Order in Council number 1745/2022, made on December 14, 2022 by the Lieutenant Governor in Council under this Act; (“modification no 3 du Plan de la ceinture de verdure”) “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”) “Niagara Escarpment Plan…

2 (1) The following areas of land are designated as the Greenbelt Area: 1. The Oak Ridges Moraine Area designated under section 2 of the Oak Ridges Moraine Conservation Act, 2001, but not the area of land designated as Part 1 on a plan entitled “Plan of the Boundary of the 2017 Oak Ridges Moraine Area Removal” dated May 4, 2017 and filed on that date with the Office of the Surveyor General of Ontario. 2. The Niagara Escarpment Plan Area shown on Niagara Escarpment Plan Maps 1 to 9, which are all dated April 12, 2017 and filed on that date in the offices of the Niagara Escarpment Commission. 3. The area of land designated as Parts 1 to 36, both inclusive, on a plan entitled “Plan of the Boundary of the Protected Countryside” dated February 23, 2005 and filed on that date with the Office of the Surveyor General of Ontario, the area of land designated as Parts 1 to 5, both inclusive, on a p…

3 (1) The Lieutenant Governor in Council may establish the Greenbelt Plan for all or part of the Greenbelt Area. 2005, c. 1, s. 3 (1). Copies (2) The Minister shall ensure that a copy of the Greenbelt Plan and of every amendment to it is filed, (a) in the offices of the Ministry of Municipal Affairs and Housing; (b) with the clerk of each municipality that has jurisdiction in the Greenbelt Area; (c) in the offices of the Ministry of Natural Resources; and (d) in the offices of the Niagara Escarpment Commission. 2005, c. 1, s. 3 (2). Not an undertaking (3) The Greenbelt Plan 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 Greenbelt Plan applies. 2005, c. 1, s. 3 (3). Not a regulation (4) The Greenbelt Plan is not a regulation within the meaning of Part III (Regulations) of the Legislatio…

4 Subject to clause 22 (1) (c), nothing in this Act derogates from the provisions of the Oak Ridges Moraine Conservation Act, 2001 or the Niagara Escarpment Planning and Development Act in respect of applications, matters or proceedings relating to the Oak Ridges Moraine Conservation Plan or the Niagara Escarpment Plan. 2005, c. 1, s. 4; 2009, c. 12, Sched. L, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 5 - 14/05/2009

5 The objectives of the Greenbelt Plan are, (a) to establish a network of countryside and open space areas which supports the Oak Ridges Moraine and the Niagara Escarpment; (b) to sustain the countryside, rural and small towns and contribute to the economic viability of farming communities; (c) to preserve agricultural land as a continuing commercial source of food and employment; (d) to recognize the critical importance of the agriculture sector to the regional economy; (e) to provide protection to the land base needed to maintain, restore and improve the ecological and hydrological functions of the Greenbelt Area; (f) to promote connections between lakes and the Oak Ridges Moraine and Niagara Escarpment; (g) to provide open space and recreational, tourism and cultural heritage opportunities to support the social needs of a rapidly expanding and increasingly urbanized population; (h) to…

6 (1) The Greenbelt Plan may set out policies with respect to the lands to which the Greenbelt Plan applies, including, (a) land use designations; (b) policies to support co-ordination of planning and development programs of the various ministries of the Government of Ontario; (c) policies to support co-ordination of planning and development among municipalities; and (d) policies with respect to transitional matters that may arise in the implementation of the Greenbelt Plan. 2005, c. 1, s. 6 (1). Same (2) The Greenbelt Plan may set out policies with respect to the areas designated by it as Protected Countryside, including, (a) policies prohibiting 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; (b) policies restricting or regulating the use of land or the erection, location and use of buildings or structure…

7 (1) A decision that is made under the Ontario Planning and Development Act, 1994, 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 Greenbelt Plan. 2005, c. 1, s. 7 (1); 2021, c. 4, Sched. 6, s. 51 (1). Limitation (2) Subsection (1) does not apply to a policy statement issued under section 3 of the Planning Act. 2005, c. 1, s. 7 (2). Actions to conform to plan (3) Despite any other Act, no municipality or municipal planning authority shall, within the areas to which the Greenbelt Plan applies, (a) undertake any public work, improvement of a structural nature or other undertaking that conflicts with the Greenbelt Plan; or (b) pass a by-l…

8 (1) Despite any other Act, the Greenbelt Plan prevails in the case of a conflict between the Greenbelt Plan and, (a) an official plan; (b) a zoning by-law; or (c) a policy statement issued under section 3 of the Planning Act. 2005, c. 1, s. 8 (1). Same (2) Despite any other Act, if there is a conflict between the Greenbelt Plan and either the Oak Ridges Moraine Conservation Plan or the Niagara Escarpment Plan, the Oak Ridges Moraine Conservation Plan or the Niagara Escarpment Plan, as the case may be, prevails over the Greenbelt Plan in its area of application. 2005, c. 1, s. 8 (2); 2009, c. 12, Sched. L, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 5 - 14/05/2009

9 (1) The council of a municipality or a municipal planning authority located within any of the areas designated as Protected Countryside in the Greenbelt Plan shall amend every official plan to conform with the Greenbelt Plan, (a) no later than the date the council is required to revise an official plan in accordance with subsection 26 (1) of the Planning Act, if the Minister does not direct the council to make the amendments on or before a specified date; or (b) no later than the day specified by the Minister, if the Minister directs the council to make the amendments on or before a specified date. 2005, c. 1, s. 9 (1); 2006, c. 23, s. 32. Same (2) For the purposes of subsection (1), a provision in an official plan that relates to a matter specified under subclause 6 (2) (e) (ii) does not conform with the Greenbelt Plan if it exceeds the requirements of the Greenbelt Plan or is more re…

10 (1) The Minister shall, in conjunction with the reviews carried on under section 17 of the Niagara Escarpment Planning and Development Act and under section 3 of the Oak Ridges Moraine Conservation Act, 2001, ensure that a review of the Greenbelt Plan is carried out every 10 years after the date the Greenbelt Plan comes into force to determine whether it should be revised. 2005, c. 1, s. 10 (1). Consultation and public participation (2) During a review under subsection (1), the Minister shall, (a) consult with any affected public bodies, including the Ministry of Natural Resources and the Niagara Escarpment Commission and the Greenbelt Council established under section 15; (b) consult with the council of each municipality or with each municipal planning authority that has jurisdiction in the Greenbelt Area; and (c) ensure that the public is given an opportunity to participate in the r…

11 (1) The Minister may, in respect of the areas designated as Protected Countryside in the Greenbelt Plan, propose amendments to the Greenbelt Plan. 2005, c. 1, s. 11 (1). Notice (2) If an amendment to the Greenbelt Plan is proposed under subsection (1), the Minister shall ensure that notice of the proposal is given in the prescribed manner, (a) to each municipality or municipal planning authority that has jurisdiction in the Greenbelt Area to which the amendment would apply or in any abutting area; and (b) to any other prescribed person or public body. 2005, c. 1, s. 11 (2). Written submissions (3) The notice shall contain an invitation to make written submissions on the amendment within the period of time specified by the Minister in the notice. 2005, c. 1, s. 11 (3). Consultation and public participation (4) If an amendment is proposed under subsection (1), the Minister shall, (a) co…

12 (1) The Minister may, after considering any written submissions received under subsection 11 (3) and the results of any consultation under subsection 11 (4), (a) recommend that the proposed amendment, in whole or in part, with such modifications as the Minister considers appropriate, be approved by the Lieutenant Governor in Council; or (b) appoint a hearing officer to conduct a hearing with respect to the proposed amendment and make a written report on it. 2005, c. 1, s. 12 (1). Limitation (2) The Minister shall not recommend a proposed amendment under clause (1) (a) if the proposed amendment has the effect of reducing the total land area within the Greenbelt Plan. 2005, c. 1, s. 12 (2).

13 (1) If a hearing officer is appointed under subsection 12 (1), the hearing officer shall fix the time and place for the hearing and give notice of the hearing in the prescribed manner and to the prescribed persons and public bodies. 2005, c. 1, s. 13 (1). Time of hearing (2) At least 30 days notice shall be given before the hearing is held. 2005, c. 1, s. 13 (2). Procedures (3) The hearing officer may adopt rules of procedure for the hearing. 2005, c. 1, s. 13 (3). Protection from personal liability (4) A 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. 2005, c. 1, s. 13 (4). Report (5) Not more than 30 days after the conclusion of the hearing or within such extended time as the Minister determines, the hearing office…

14 (1) After considering the recommendations under section 12 or 13, the Lieutenant Governor in Council may approve the proposed amendment, in whole or in part, make modifications and approve the amendment as modified or refuse the amendment, in whole or in part. 2005, c. 1, s. 14 (1). Decision final (2) The decision under subsection (1) is final and not subject to appeal. 2005, c. 1, s. 14 (2). Notice of decision (3) The Minister shall forward a copy of the decision made under subsection (1) to the clerk of each municipality or secretary-treasurer of each municipal planning authority that has jurisdiction in the area covered by the proposed amendment, the parties to the hearing and such other persons or public bodies as the Minister may determine. 2005, c. 1, s. 14 (3).

14.1 The Greenbelt Plan is deemed to provide that, (a) the lands designated as Parts 1 to 20, both inclusive, on a plan entitled “Plan of the Boundary of the 2022 Protected Countryside Removals” dated December 12, 2022 and filed on that date with the Office of the Surveyor General of Ontario are designated as Protected Countryside; (b) the lands referred to in clause (a) that were, on December 13, 2022, part of the Natural Heritage System of the Greenbelt Plan are identified as part of the Natural Heritage System of the Greenbelt Plan; (c) the lands designated as Parts 19 and 20 on a plan entitled “Plan of the Boundary of the 2022 Protected Countryside Removals” dated December 12, 2022 and filed on that date with the Office of the Surveyor General of Ontario are identified as Niagara Peninsula Tender Fruit and Grape Area; and (d) the lands in the Protected Countryside that were identifie…

15 (1) The Minister shall establish a council to be known in English as the Greenbelt Council and in French as Conseil de la ceinture de verdure. 2005, c. 1, s. 15 (1). Same (2) The Minister may appoint one or more persons to the Council and fix the terms of reference of the Council. 2005, c. 1, s. 15 (2). Functions (3) The Council shall advise the Minister on matters relating to this Act and perform such other functions as may be specified by the Minister. 2005, c. 1, s. 15 (3).

16 (1) The Minister may make orders exercising any of the powers conferred upon the Minister under section 47 of the Planning Act in respect of the areas designated as Protected Countryside in the Greenbelt Plan. 2005, c. 1, s. 16 (1). Same (2) Section 3 of the Planning Act and section 7 of this Act do not apply to an order under subsection (1) and an order need not conform to an official plan in effect in the area covered by the order. 2005, c. 1, s. 16 (2). Same (3) Nothing in this Act derogates from the power of the Minister to make an order under section 47 of the Planning Act in respect of the areas designated as Protected Countryside in the Greenbelt Plan. 2005, c. 1, s. 16 (3).

17 (1) Nothing in this Act derogates from the power of the Minister to make a plan or an amendment to a plan under the Ontario Planning and Development Act, 1994 even if the Greenbelt Plan is in effect in the area to be covered by the plan. 2005, c. 1, s. 17 (1). Application (2) Section 3 of the Planning Act and section 7 of this Act do not apply to a plan under the Ontario Planning and Development Act, 1994 made or amended by the Minister under subsection (1) and such a plan need not conform to an official plan in effect in the area in which the plan applies. 2005, c. 1, s. 17 (2).

18 (1) If a matter relating to land within the areas designated as Protected Countryside in the Greenbelt Plan is appealed or referred to the Ontario Land Tribunal, whether under section 21 of the Ontario Land Tribunal Act, 2021 or otherwise, the Minister may notify the Tribunal that its consideration of the matter should be deferred. 2021, c. 4, Sched. 6, s. 51 (2). Stay (2) If the Minister gives notice under subsection (1), all steps in the appeal or referral are stayed as of the date of the notice until the Minister gives a further notice to the Tribunal that the appeal or referral may be continued. 2021, c. 4, Sched. 6, s. 51 (2). Same (2.1) Subsection (2) applies despite subsection 21 (4) of the Ontario Land Tribunal Act, 2021. 2021, c. 4, Sched. 6, s. 51 (2). Legislation Act, 2006, Part III (3) Notices under this section are not regulations within the meaning of Part III (Regulatio…

19 (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 made under this Act, including, for greater certainty, the making of, amendments to and revocation of Ontario Regulation 59/05 (Designation of Greenbelt Area) made under this Act, including, (i) the inclusion in paragraph 3 of subsection 1 (1) of that Regulation, on December 16, 2004, of the area of land designated as Part 32 on a plan entitled “Plan of the Boundary of the Protected Countryside” dated February 23, 2005 and filed on that date with the Office of the Surveyor General of Ontario, and (ii) the amendments made to that Regulation by Ontario Regulation 567…

19.1 The agreement dated November 3, 2022 between Minotar Holdings Inc. and His Majesty the King in Right of Ontario as represented by the Minister of Municipal Affairs and Housing respecting the settlement of the Superior Court of Justice proceeding commenced at Newmarket and identified as Court File number CV-17-131956-00 is terminated on the day the Greenbelt Statute Law Amendment Act, 2023 receives Royal Assent. 2023, c. 22, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 22, Sched. 2, s. 4 - 06/12/2023

20 In the event of conflict between this Act and any other Act, this Act prevails. 2005, c. 1, s. 20.

21 The Statutory Powers Procedure Act does not apply to anything done under this Act. 2005, c. 1, s. 21.

22 (1) The Lieutenant Governor in Council may, by regulation, (a) prescribe additional objectives for the Greenbelt Plan; (b) prescribe policies for the purposes of clause 6 (2) (g); (c) despite any other Act, vary, supplement or override any provision in the Oak Ridges Moraine Conservation Plan or the Niagara Escarpment Plan in order to facilitate the effective operation of the Greenbelt Plan; (d) prescribe applications, matters or proceedings for the purposes of subsections 24 (1) and (3) and prescribe policies for the purposes of subsection 24 (3). 2005, c. 1, s. 22 (1); 2009, c. 12, Sched. L, s. 5. Retroactivity (2) A regulation made under this section may be retroactive to a date no earlier than December 16, 2004. 2005, c. 1, s. 22 (2). Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 5 - 14/05/2009

23 (1) The Minister may, by regulation, (a) require municipalities within the areas designated as Protected Countryside in the Greenbelt Plan to pass by-laws referred to in section 135 or 142, or both, of the Municipal Act, 2001 or in section 104 or 105, or both, of the City of Toronto Act, 2006 and specify the municipalities and the by-law provisions; (b) prescribe powers that must be exercised by municipalities in making a by-law referred to in clause (a) that are additional to those powers referred to in section 135 or 142 of the Municipal Act, 2001 or section 104 or 105 of the City of Toronto Act, 2006; (c) prescribe anything that is referred to in this Act as being prescribed, other than those matters described in section 22. 2006, c. 32, Sched. C, s. 22. Retroactivity (2) A regulation made under clause (1) (c) may be retroactive to a date no earlier than December 16, 2004. 2005, c.…

24 (1) Section 7 applies to applications, matters or proceedings commenced on or after December 16, 2004 relating to areas designated as Protected Countryside in the Greenbelt Plan except as may be otherwise prescribed. 2005, c. 1, s. 24 (1). Non-application (2) Section 7 does not apply to applications, matters or proceedings commenced before December 16, 2004 relating to areas designated as Protected Countryside in the Greenbelt Plan. 2005, c. 1, s. 24 (2). Same (3) Despite subsection (2), a decision referred to in section 7 with respect to an application, matter or proceeding that was commenced before December 16, 2004 and that is prescribed shall conform with such policies of the Greenbelt Plan as may be prescribed. 2005, c. 1, s. 24 (3). Time of commencement (4) For the purposes of this section, an application, matter or proceeding shall be deemed to have been commenced, (a) in the c…

25-27 Omitted (amends or repeals other Acts). 2005, c. 1, ss. 25-27.

28 Omitted (provides for coming into force of provisions of this Act). 2005, c. 1, s. 28.

29 Omitted (enacts short title of this Act). 2005, c. 1, s. 29. ______________