Lake Simcoe Protection Act, 2008

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Sections65

• [s0]Preamble

  Lake Simcoe is an essential part of Ontario’s natural environment and a critical resource, especially for people who live, work and play within the watershed of the Lake. In the face of climate change, invasive species, and the pressures of population growth and development, strong action is needed to protect and restore the ecological health of the Lake Simcoe watershed for the present generation and for future generations. There are many benefits of promoting environmentally sustainable land and water uses, activities and development practices in the Lake Simcoe watershed. Public bodies, aboriginal communities, businesses and individuals share an interest in the ecosystem of the Lake Simcoe watershed and have shared responsibility for its health. Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

• 1Purpose

  1 The purpose of this Act is to protect and restore the ecological health of the Lake Simcoe watershed. 2008, c. 23, s. 1.

• 1.
• 2Definitions

  2 In this Act, “designated policy” means a policy designated in the Lake Simcoe Protection Plan as a designated policy; (“politique désignée”) “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 of the Legislation Act, 2006, or (b) a by-law of a municipality or local board; (“acte”) “justice” means a provincial judge or a justice of the peace; (“juge”) “Lake Simcoe Region Conservation Authority” includes any successor of that Authority; (“Office de protection de la nature de la région du lac Simcoe”) “Lake Simcoe watershed” means, (a) Lake Simcoe and the part of Ontario, the water of which drains into Lake Simcoe, or (b) if the boundaries of the area described by clause (a) are described more specifi…

• 2.
• 3Lake Simcoe Protection Plan established

  3 (1) The Lieutenant Governor in Council shall establish the Lake Simcoe Protection Plan. 2008, c. 23, s. 3 (1). Application (2) Subject to subsection (3) and to any amendments made under sections 13 to 16, the Lake Simcoe Protection Plan applies to the Lake Simcoe watershed. 2008, c. 23, s. 3 (2). Research (3) Policies set out in the Lake Simcoe Protection Plan may apply to research and monitoring programs conducted in areas outside the Lake Simcoe watershed for the purpose of determining whether activities in those areas directly affect or would directly affect the ecological health of the Lake Simcoe watershed. 2008, c. 23, s. 3 (3). Effective date (4) The Lake Simcoe Protection Plan takes effect on the date specified in the Plan. 2008, c. 23, s. 3 (4). Notice of Plan (5) As soon as reasonably possible after the Lake Simcoe Protection Plan is established, the Minister shall publish no…

• 3.
• 4Objectives of Plan

  4 The objectives of the Lake Simcoe Protection Plan are, (a) to protect, improve or restore the elements that contribute to the ecological health of the Lake Simcoe watershed, including, (i) water quality, (ii) hydrology, (iii) key natural heritage features and their functions, and (iv) key hydrologic features and their functions; (b) to restore a self-sustaining coldwater fish community in Lake Simcoe; (c) to reduce loadings of phosphorus and other nutrients of concern to Lake Simcoe and its tributaries; (d) to reduce the discharge of pollutants to Lake Simcoe and its tributaries; (e) to respond to adverse effects related to invasive species and, where possible, to prevent invasive species from entering the Lake Simcoe watershed; (f) to improve the Lake Simcoe watershed’s capacity to adapt to climate change; (g) to provide for ongoing scientific research and monitoring related to the ec…

• 4.
• 5Contents of Plan

  5 (1) The Lake Simcoe Protection Plan shall set out the following: 1. The environmental conditions of the Lake Simcoe watershed. 2. Indicators of the ecological health of the Lake Simcoe watershed. 3. The existing significant threats and potential significant threats to the ecological health of the Lake Simcoe watershed. 4. One or more targets related to the indicators mentioned in paragraph 2 and the objectives mentioned in section 4. 5. Policies to achieve the objectives of the Plan. 6. The principles and priorities that guided the development of the Plan. 7. The priorities that should guide implementation of the Plan. 8. The methods that will be used to assess whether the objectives of the Plan are being achieved. 9. The areas of scientific research that should be pursued to support implementation of the Plan and the priorities with respect to this research. 10. A description of any a…

• 5.
• 6Effect of Plan

  6 (1) A decision under the Planning Act or the Condominium Act, 1998 made by a municipal council, local board, minister of the Crown or ministry, board, commission or agency of the Government of Ontario, including the Ontario Land Tribunal, that relates to the Lake Simcoe watershed shall, (a) conform with designated policies set out in the Lake Simcoe Protection Plan; and (b) have regard to other policies set out in the Lake Simcoe Protection Plan. 2008, c. 23, s. 6 (1); 2021, c. 4, Sched. 6, s. 55. 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. 2008, c. 23, s. 6 (2). Conflicts re official plans, by-laws (3) Despite any other Act, the Lake Simcoe Protection Plan prevails in the case of conflict between a designated policy set out in the Plan and, (a) an official plan…

• 6.
• 7Official plan and conformity

  7 (1) The council of a municipality that has jurisdiction in the Lake Simcoe watershed shall amend its official plan to conform with the designated policies set out in the Lake Simcoe Protection Plan, (a) no later than the date the council of the municipality 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 date set by the Minister, if the Minister directs the council of the municipality to make the amendments on or before a specified date. 2008, c. 23, s. 7 (1). Same (2) For the purposes of subsection (1), a provision in an official plan that relates to a matter specified under paragraph 5 of subsection 5 (2) does not conform with the Lake Simcoe Protection Plan if it exceeds the requirements of the Plan or is more res…

• 7.
• 8Minister’s proposals to resolve official plan non-conformity

  8 (1) If, in the Minister’s opinion, the official plan of a municipality that has jurisdiction in the Lake Simcoe watershed does not conform with a designated policy set out in the Lake Simcoe Protection Plan, the Minister may, (a) advise the clerk of the municipality of the particulars of the non-conformity; and (b) invite the council of the municipality to submit, within a specified time, proposals for the resolution of the non-conformity. 2008, c. 23, s. 8 (1). Joint order (2) The Minister jointly with the Minister of Municipal Affairs and Housing may, by order, amend the official plan to resolve the non-conformity, (a) if the council of the municipality 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, the non-conformity cannot be resolved, and the Minister so notifies the co…

• 8.
• 9Prescribed instruments and conformity

  9 (1) Subject to a policy described in paragraph 9 of subsection 5 (2), a person or body that issued or otherwise created a prescribed instrument before the Lake Simcoe Protection Plan took effect shall amend the instrument to conform with the designated policies set out in the Plan. 2008, c. 23, s. 9 (1). 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 Lake Simcoe Protection Plan. 2008, c. 23, s. 9 (2). 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. 2008, c. 23, s. 9 (3).

• 9.
• 10Requests for amendment of instruments

  10 Subject to a policy described in paragraph 9 of subsection 5 (2), if, in the Minister’s opinion, a prescribed instrument does not conform with a designated policy set out in the Lake Simcoe Protection Plan, the Minister 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. 2008, c. 23, s. 10.

• 10.
• 11Monitoring programs

  11 If a public body is identified in the Lake Simcoe Protection Plan as being responsible for the implementation of a policy governing monitoring, the public body shall comply with any obligations imposed on it by the policy. 2008, c. 23, s. 11.

• 11.
• 12Progress reports

  12 (1) The Minister shall annually prepare a report that, (a) describes the measures that have been taken to implement the Lake Simcoe Protection Plan; (b) summarizes the advice obtained from the Lake Simcoe Science Committee; and (c) summarizes the advice obtained from the Lake Simcoe Coordinating Committee. 2008, c. 23, s. 12 (1). Same (2) The Minister shall, at least once every five years, prepare a report that, (a) describes the results of any monitoring programs; and (b) describes the extent to which the objectives of the Lake Simcoe Protection Plan are being achieved. 2008, c. 23, s. 12 (2). Publication (3) The Minister shall ensure that reports prepared under subsections (1) and (2) are published on the environmental registry established under section 5 of the Environmental Bill of Rights, 1993. 2008, c. 23, s. 12 (3).

• 12.
• 13Amendments to Plan

  13 (1) An amendment to the Lake Simcoe Protection Plan shall be made in accordance with this section and sections 14, 15 and 16. 2008, c. 23, s. 13 (1). Proposed amendment (2) The Minister may prepare and propose an amendment to the Lake Simcoe Protection Plan. 2008, c. 23, s. 13 (2). Amendment to expand Plan to area outside watershed (3) If the Minister proposes an amendment to the Lake Simcoe Protection Plan that would expand the application of the Plan to an area outside the Lake Simcoe watershed, the Minister shall prepare a report that describes, (a) the proposed area to which the Lake Simcoe Protection Plan would apply; (b) activities in the proposed area that directly affect or would directly affect the ecological health of the Lake Simcoe watershed; and (c) the types of policies that could be included in the Lake Simcoe Protection Plan to deal with the activities mentioned in cla…

• 13.
• 14Hearing officer

  14 (1) The Minister may appoint one or more hearing officers for the purpose of conducting one or more hearings within the Lake Simcoe watershed or its general proximity for the purpose of receiving representations respecting a proposed amendment to the Lake Simcoe Protection Plan. 2008, c. 23, s. 14 (1). Duty of hearing officer (2) On being appointed under subsection (1), 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, public bodies and other bodies in the prescribed manner. 2008, c. 23, s. 14 (2). Rules of procedure (3) The hearing officer may make rules of procedure for the hearing. 2008, c. 23, s. 14 (3). Protection from personal liability (4) The hearing officer is not personally liable for anything done by him or her in good faith in the execution of his or h…

• 14.
• 15Decision of Minister

  15 (1) After considering any written submissions received under subsections 13 (4) and (5) and any written recommendations of a hearing officer received under subsection 14 (5), the Minister may, (a) decide not to proceed with the proposed amendment; or (b) after making any modifications to the proposed amendment that the Minister considers desirable, (i) recommend that the proposed amendment be approved by the Lieutenant Governor in Council, or (ii) in the circumstances described in the Lake Simcoe Protection Plan, approve the proposed amendment. 2008, c. 23, s. 15 (1). Approval re prescribed outside areas (2) The Minister shall not approve a proposed amendment that would make any provision of the Lake Simcoe Protection Plan applicable to an area outside the Lake Simcoe watershed unless, (a) a regulation has been made prescribing the area as a prescribed outside area; and (b) the propos…

• 15.
• 16Decision of L.G. in C.

  16 (1) If the Minister recommends a proposed amendment under subclause 15 (1) (b) (i), the Lieutenant Governor in Council may, (a) decide not to approve the proposed amendment; (b) approve the proposed amendment, in whole or in part; or (c) make modifications to the proposed amendment and approve the proposed amendment, in whole or in part. 2008, c. 23, s. 16 (1). Approval re prescribed outside areas (2) The Lieutenant Governor in Council shall not approve a proposed amendment that would make any provision of the Lake Simcoe Protection Plan applicable to an area outside the Lake Simcoe watershed unless, (a) a regulation has been made prescribing the area as a prescribed outside area; and (b) the proposed amendment does not make any policy that would affect a decision under the Planning Act or the Condominium Act, 1998 applicable to the prescribed outside area. 2008, c. 23, s. 16 (2). Dec…

• 16.
• 17Review

  17 (1) The Minister shall ensure that a review of the Lake Simcoe Protection Plan is carried out at least every 10 years after the date the Plan takes effect to determine whether the Plan should be amended. 2008, c. 23, s. 17 (1). Same (2) During a review under subsection (1), the Minister shall review the functions and operations of the Lake Simcoe Science Committee and the Lake Simcoe Coordinating Committee. 2008, c. 23, s. 17 (2). Consultation and public participation (3) During a review under subsection (1), the Minister shall, (a) consult with the council of each municipality that has jurisdiction in the Lake Simcoe watershed or the prescribed outside areas; (b) consult with the Lake Simcoe Region Conservation Authority; (c) consult with other public bodies that, in the opinion of the Minister, could be affected by the review; (d) consult with the Lake Simcoe Science Committee and t…

• 17.
• 18Lake Simcoe Science Committee

  18 (1) A committee known in English as the Lake Simcoe Science Committee and in French as Comité scientifique du lac Simcoe is established. 2008, c. 23, s. 18 (1). Functions (2) The Lake Simcoe Science Committee shall perform the following functions: 1. Review the environmental conditions of the Lake Simcoe watershed and provide advice to the Minister with respect to, i. the ecological health of the Lake Simcoe watershed, ii. current significant threats and potential significant threats to the ecological health of the Lake Simcoe watershed, iii. potential strategies to deal with the threats identified under subparagraph ii, and iv. the scientific research that needs to be pursued to support the implementation of the Lake Simcoe Protection Plan. 2. When requested by the Minister, provide advice to the Minister with respect to, i. the design and implementation of monitoring programs to mon…

• 18.
• 19Lake Simcoe Coordinating Committee

  19 (1) A committee known in English as the Lake Simcoe Coordinating Committee and in French as Comité de coordination pour le lac Simcoe is established. 2008, c. 23, s. 19 (1). Functions (2) The Lake Simcoe Coordinating Committee shall perform the following functions: 1. Provide a forum to, i. co-ordinate implementation of the Lake Simcoe Protection Plan, and ii. identify and resolve issues that arise in relation to the implementation of the Lake Simcoe Protection Plan. 2. Provide advice to the Minister on any issues or problems related to the implementation of the Lake Simcoe Protection Plan. 3. With respect to threats to the ecological health of the Lake Simcoe watershed that are identified by the Lake Simcoe Science Committee, provide advice to the Minister on the types of measures that could be taken to deal with the threats, including, i. policies that could be included in the Lake …

• 19.
• 20Delegation by Minister

  20 (1) The Minister 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. 2008, c. 23, s. 20 (1). Exception (2) Subsection (1) does not apply to the Minister’s powers under subsection 15 (1), except to the extent that those powers may be exercised to approve an amendment to the Lake Simcoe Protection Plan that is made to correct a clerical, grammatical or typographical error. 2008, c. 23, s. 20 (2).

• 20.
• 21Existing aboriginal or treaty rights

  21 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. 2008, c. 23, s. 21.

• 21.
• 22Non-application of certain Acts

  22 (1) The Statutory Powers Procedure Act does not apply to anything done under this Act. 2008, c. 23, s. 22 (1). (2) Repealed: 2020, c. 18, Sched. 6, s. 58. Legislation Act, 2006 (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to the Lake Simcoe Protection Plan. 2008, c. 23, s. 22 (3). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 58 - 22/02/2024

• 22.
• 23Limitations on remedies

  23 (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 (c) anything done or not done in accordance with this Act or the regulations made under it. 2008, c. 23, s. 23 (1). 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). 2008, c. 23, s. 23 (2). 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 p…

• 23.
• 24Regulations under s. 28 of Conservation Authorities Act

  24 (1) Despite subsection 28 (7) of the Conservation Authorities Act, a regulation made by the Lake Simcoe Region Conservation Authority under section 28 of that Act may provide that all or part of the regulation applies to an area that is outside the area over which the Authority would otherwise have jurisdiction under that Act but that is within the Lake Simcoe watershed. 2008, c. 23, s. 24 (1). Limitation period (2) A proceeding under subsection 28 (16) or (24) of the Conservation Authorities Act that relates to a regulation made by the Lake Simcoe Region Conservation Authority under section 28 of that Act shall not be commenced more than two years after the later of the following days: 1. The day on which the offence was committed. 2. The day on which evidence of the offence first came to the attention of an officer appointed under a regulation made under section 28 of the Conservati…

• 24.
• 25Conflict with other Acts

  25 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 Lake Simcoe watershed, the provision that provides the greatest protection to the ecological health of the Lake Simcoe watershed prevails. 2008, c. 23, s. 25.

• 25.
• 26Regulations – shoreline protection

  26 (1) The Lieutenant Governor in Council may make regulations, (a) regulating or prohibiting activities that may adversely affect the ecological health of the Lake Simcoe watershed; (b) requiring persons to do things to protect or restore the ecological health of the Lake Simcoe watershed; (c) providing for the appointment of officers to enforce any regulation made under this section; (d) providing for the appointment of persons to act as officers with all of the powers and duties of officers to enforce any regulation made under this section; (e) authorizing an officer appointed under clause (c) or (d) 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. 2008, c. 23, s. 26 (1). Application, cl. (1) (a) (2) For greater certainty, a regula…

• 26.
• 27Regulations – general

  27 (1) The Lieutenant Governor in Council may make regulations, (a) designating, for the purposes of this Act, the participating municipalities for the Lake Simcoe Region Conservation Authority; (b) requiring the councils of municipalities within the Lake Simcoe watershed to pass by-laws under the Municipal Act, 2001 respecting trees or site alteration, or respecting activities that may adversely affect the ecological health of the Lake Simcoe watershed, and specifying the municipalities and the by-law provisions; (c) requiring the councils of municipalities within prescribed outside areas to pass by-laws under the Municipal Act, 2001 respecting site alteration, and specifying the municipalities and the by-law provisions; (d) prescribing or respecting any matter that this Act refers to as a matter prescribed by the regulations or as otherwise dealt with by the regulations, other than pre…

• 27.
• 28Amendments to adopted documents

  28 (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. 2008, c. 23, s. 28 (1). 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 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. 2008, c. 23, s. 28 (2).

• 28.
• 29Repealed

  29 Repealed: see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006. Section Amendments with date in force (d/m/y) 2008, c. 23, s. 29 - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2018

• 29.
• 30

  30 Omitted (amends, repeals or revokes other legislation). 2008, c. 23, s. 30.

• 30.
• 31

  31 Omitted (provides for coming into force of provisions of this Act). 2008, c. 23, s. 31.

• 31.
• 32

  32 Omitted (enacts short title of this Act). 2008, c. 23, s. 32. ______________

• 32.