Great Lakes Protection Act, 2015

Ontarians are fortunate to live in a province that benefits from one of the largest freshwater ecosystems on earth. The health of the Great Lakes-St. Lawrence River Basin is critical to present and future generations. 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. Aboriginal communities within the Great Lakes-St. Lawrence River Basin have important connections to the Basin: First Nations maintain a spiritual and cultural relationship with water and the Basin is a historic location where Métis identity emerged in Ontario. 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 natu…

Part i Purposes and Interpretation

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 water quality, hydrologic functions and the ecological health of the Great Lakes-St. Lawrence River Basin, including through the elimination or reduction of harmful pollutants. 2. To protect and restore watersheds, wetlands, beaches, shorelines and 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 prote…

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.

3 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 were involved in the development of the Strategy or that are involved in the 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 per…

Part iI 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 shall ensure that at least one meeting of the Council is held before the first anniversary of the day subsection (1) comes into force and that at least one meeting is held in every subsequent calendar year. Invitations to meetings (3) Before a meeting of the Council is held, the Minister 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-…

Part III Ontario’s Great Lakes Strategy

5 (1) The Minister shall maintain Ontario’s Great Lakes Strategy. Review of Strategy (2) The Minister shall cause a review of the Strategy to be undertaken before December 17, 2018 and before every sixth anniversary thereafter. Same (3) As part of a review of the Strategy, the Minister shall, (a) consult on the Strategy with the persons mentioned in subsection 4 (3) and any other person 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. Updates to Strategy (4) In addition to making amendments as part of a review described in subsection (3), the Minister may, as he or she considers advisable, make amendments to the Strategy from time to time in between reviews.

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. The performance measures by which progress in achieving the purposes of this Act can be assessed. 4. The principles that are intended to guide decisions under this Act, including principles that reflect the following: i. An ecosystem approach that includes the consideration of cumulative stresses and impacts. ii. A precautionary approach. iii. An adaptive management approach. iv. The importance of collaboration and the sharing of data between government and interested persons and organizations in seeking to achieve the purposes of this Act. v. The importance of government accountability to the public for actions taken to achieve the purposes of this Act. vi. The recognition of First Nations and Métis communities that have a…

7 (1) Subject to subsection (2), the Minister shall ensure that programs or other actions that will be used to monitor and report on the following ecological conditions of all or part of the Great Lakes-St. Lawrence River Basin and that are sufficient for the purposes of improving understanding and management of the Basin are established and maintained: 1. Harmful pollutants, including microplastics. 2. Water quality. 3. Impacts of climate change. 4. Hydrology. 5. Biological communities. 6. Such other conditions as may be prescribed by the regulations. Existing programs or other actions (2) If the Minister is of the opinion that an existing program or other action is being used to monitor and report on an ecological condition listed under subsection (1) and that it is sufficient for the purposes of improving understanding and management of the Great Lakes-St. Lawrence River Basin, the re…

8 (1) At least once every three years, the Minister shall, 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 progress made in achieving the purposes of this Act, as assessed by the performance measures established under paragraph 3 of section 6. 3. A description of any targets that have been established under Part IV and the progress made in achieving those targets. 4. A summary of the following information with respect to the monitoring and reporting programs or other actions referred to in section 7: i. The monitoring and reporting programs or other actions established or maintained with respect to each ecological condition listed under subsection 7 (1). ii. The indicators or metrics of ecological health that …

Part IV Targets Targets

9 (1) To achieve one or more purposes of this Act, the Minister may, after consulting with the other Great Lakes ministers, establish qualitative or quantitative targets relating to the Great Lakes-St. Lawrence River Basin. Same (2) Within two years after this section comes into force, the Minister shall establish at least one target under subsection (1) to assist in the reduction of algae blooms in all or part of the Great Lakes-St. Lawrence River Basin. Minister of Natural Resources and Forestry (3) The Minister of Natural Resources and Forestry may, after consulting with the other Great Lakes ministers, establish one or more qualitative or quantitative targets in respect of preventing the net loss of wetlands in all or part of the Great Lakes-St. Lawrence River Basin. Targets, general (4) With respect to each target the Minister of the Environment and Climate Change or the Minister of…

Part v Proposals for Initiatives

10 Before directing one or more public bodies to develop a proposal for a geographically-focused initiative under section 11, the Minister shall, (a) identify any First Nations and Métis communities that have a historic relationship with the geographic area to which the proposal would relate; and (b) consult with, as he or she considers advisable, (i) the other Great Lakes ministers, (ii) representatives of the interests of municipalities located in whole or in part in the geographic area to which the proposal would relate, (iii) representatives of the interests of First Nations and Métis communities identified under clause (a), (iv) representatives of the interests of environmental organizations, the scientific community and the industrial, agricultural, recreational and tourism sectors in the geographic area to which the proposal would relate and of conservation authorities that have j…

11 (1) The Minister may direct a public body or public bodies, after he or she has considered any comments received during the consultations referred to in section 10, to develop a proposal for a geographically-focused 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 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 (c) submit the proposal to the Minister within a time specified in the direction.

12 Unless otherwise specified by the Minister 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 following: i. The proposed area to which the initiative would apply. ii. The proposed issues that the initiative would address. iii. The proposed objectives of the initiative. iv. The proposed types of policies that would be set out in the initiative to achieve its objectives. v. The proposed public body or public bodies that would be responsible for the development of the initiative. 2. A description of the proposed consultation that would be undertaken during the development of the initiative, including the following: i. A description of the persons or bodies that would be consulted who are representatives of the interests mentioned in clauses 4 (3) (b) and (d). ii. A description of any oth…

13 (1) If a proposal for an initiative is submitted to the Minister, he or she may, after consulting with the other Great Lakes ministers, (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) approve the proposal after making amendments that he or she considers appropriate; (c) approve the proposal without making any amendments; or (d) decide not to approve the proposal. Amendments under cl. (1) (b) (2) Without limiting the generality of clause (1) (b), the amendments that may be made under that clause may include amendments that, (a) provide for the initiative to contain provisions specified by the Minister; (b) restrict the circumstances in which the initiative may contain provisions specified by the Minister; …

14 (1) The Minister may amend an approved proposal for an initiative if he or she has consulted with the other Great Lakes ministers on the amendment. Typographical errors, etc. (2) Despite subsection (1), the Minister may amend an approved proposal for an initiative without consulting with the other Great Lakes ministers 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 (3) 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

15 (1) If the Minister 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. Existing protections (2) In developing the draft initiative, the public body or public bodies mentioned in subsection (1) shall take into consideration, (a) any study, plan or strategy that relates to the ecological health of all or part of the area to which the initiative would apply if, in the opinion of the public body or public bodies, the study, plan or strategy is relevant to the draft initiative; and (b) other Acts, land use plans, municipal by-laws or other local enactments that provide existing protections …

16 (1) If a draft initiative is submitted to the Minister, 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; (c) refer the draft initiative to the Lieutenant Governor in Council, together with, (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 …

17 (1) If the Minister 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 a…

18 If the Minister 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.

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…

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 Land Tribunal, 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. 2015, c. 24, s. 20 (1); 2021, c. 4, Sched. 6, s. 50. 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. 2015, c. 24, s. 20 (2). Conflicts re official plans, by-laws (3) Despite any other Act, an initiative prevails in the …

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 its official plan in accordance with subsection 26 (1) of the Planning Act, if the Minister 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, 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.

22 (1) If, in the opinion of the Minister, 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 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 …

23 (1) Subject to a regulation made under clause 38 (1) (g), (h) or (i), 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.

24 Subject to a regulation made under clause 38 (1) (g), (h) or (i), if, in the opinion of the Minister, 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.

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.

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 …

Part VII Miscellaneous Public consultation and notice

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 plan prepared under subsection 9 (5). 4. A proposal for an initiative approved under Part V. 5. An initiative approved under Part VI. Notice on Internet, etc. (2) The Minister shall make each of the documents mentioned in subsection (1) and every progress report prepared under section 8 available to the public by posting a copy of it on a website of the Government of Ontario and in such other manner as he or she considers appropriate.

28 (1) 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. Same (2) If a First Nations or Métis community offers its traditional ecological knowledge to the Minister under subsection (1) for the purpose of assisting the Minister in carrying out any of the following activities, the Minister shall take into consideration the traditional ecological knowledge in carrying out the activity: 1. Reviewing or amending the Strategy under Part III. 2. Establishing a target under Part IV. 3. Preparing a plan under subsection 9 (5). 4. Deciding whether to approve a proposal for an initiative under Part V. 5. Deciding whether to refer a draft initiative to the Lieutenant Governor in Council under Part VI.

29 (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. Exception (2) Subsection (1) does not apply to the Minister’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); (d) approve a proposal for an initiative under Part V; and (e) refer a draft initiative to the Lieutenant Governor in Council under Part VI.

30 (1) Any person may make a request to the Minister to establish a target under Part IV or to direct the development of a proposal for an initiative under Part V. Same, rationale for target (2) A request made under subsection (1) shall include the rationale for the target or initiative. Same, additional information (3) A person who makes a request under subsection (1) shall provide any additional information requested by the Minister for the purpose of assisting the Minister in assessing the request.

31 (1) The Minister may in writing extend the time for doing anything required under this Act, before or after the time for doing the thing has expired. Exception (2) Despite subsection (1), the Minister may not extend the time for, (a) the undertaking of a review of the Strategy under subsection 5 (2); or (b) the preparation and tabling of a report under section 8.

32 A person or body responsible for the review or amendment of the Strategy under Part III, the establishment of a target under Part IV, the preparation of a plan under subsection 9 (5), the development or amendment of a proposal under Part V or the development or amendment of an initiative under Part VI shall consider the purposes of this Act and the principles set out in the Strategy when carrying out that responsibility.

33 A person or body responsible for the review of the Strategy under Part III, 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 Canada-Ontario Agreement on Great Lakes Water Quality and Ecosystem Health of 2014, entered into betw…

34 (1) If the Minister of the Environment and Climate Change or the Minister of Natural Resources and Forestry directs a public body to do something under Part IV or V the public body shall comply with the direction. Request for documents or other records (2) If a public body that is responsible for one of the following matters requests that another public body provide copies of any documents or other records 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

35 (1) The Statutory Powers Procedure Act does not apply to anything done under this Act. 2015, c. 24, s. 35 (1). (2) Repealed: 2020, c. 18, Sched. 6, s. 54. 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). 2015, c. 24, s. 35 (3). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 54 - 22/02/2024

36 (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. 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 regardles…

37 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.

38 (1) The Lieutenant Governor in Council may make regulations, (a) designating instruments as prescribed instruments for the purposes of this Act; (b) respecting any matter considered necessary or desirable for the purposes of establishing or maintaining a program or other action under section 7; (c) governing amendments to initiatives approved under Part VI; (d) 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; (e) dealing with any problems or issues arising as a result of the application of subsection 20 (4); (f) 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 mus…

39 (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 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.

40 Omitted (provides for coming into force of provisions of this Act).

41 Omitted (enacts short title of this Act).

Schedule 1 Policies — legal effect under sections 20 to 24

1 The following policies may be included in an initiative and given legal effect for the purposes of one or more of the provisions of 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 the following: 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. 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 f…

Schedule 2 Policies — legal effect under section 25

1 The following policies may be included in an initiative and given legal effect for the purposes of section 25: 1. Policies respecting 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 The following policies may be included in an initiative, but shall not be given any 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. ______________