Niagara Escarpment Planning and Development Act

1 In this Act, “Commission” means the Niagara Escarpment Commission; (“Commission”) “development” includes a change in the use of any land, building or structure; (“aménagement”) “enforcement officer” means an enforcement officer appointed or designated under section 27.1; (“agent d’exécution”) “justice” has the same meaning as in the Provincial Offences Act; (“juge”) “local plan” means an official plan under the Planning Act; (“plan local”) “Minister” means the member of the Executive Council to whom the administration of this Act is assigned; (“ministre”) “ministry” means any ministry of the Government of Ontario and includes a board, commission or agency of the Government; (“ministère”) “Niagara Escarpment Plan” means a plan, policy and program, or any part thereof, as approved by the Lieutenant Governor in Council under this Act on June 12, 1985 and amended and revised in accordance …

2 The purpose of this Act is to provide for the maintenance of the Niagara Escarpment and land in its vicinity substantially as a continuous natural environment, and to ensure only such development occurs as is compatible with that natural environment. R.S.O. 1990, c. N.2, s. 2.

3 (1) The Niagara Escarpment Planning Area and the Niagara Escarpment Plan as they exist immediately before the day this section comes into force are continued. 2009, c. 33, Sched. 22, s. 6 (2). Altering boundaries of Planning Area (2) Subject to subsection (3), the Lieutenant Governor in Council may make regulations altering the boundaries of the Niagara Escarpment Planning Area. 2009, c. 33, Sched. 22, s. 6 (2). Removal of lands (3) The Lieutenant Governor in Council shall not make a regulation under subsection (2) that has the effect of removing any lands from the Niagara Escarpment Planning Area unless, before the regulation is filed, (a) the Minister lays the regulation before the Assembly if it is in session or deposits it with the Clerk of the Assembly if the Assembly is not in session; and (b) the Assembly, by resolution, approves the regulation. 2009, c. 33, Sched. 22, s. 6 (2).…

4 (1) The Minister shall establish an advisory committee, consisting of such persons as the Minister appoints who are broadly representative of the people of the Niagara Escarpment Planning Area, to advise and make recommendations to the Minister, through the Commission, in respect of the amendment and implementation of the Niagara Escarpment Plan and to perform any other function given to the committee by the Minister. 1999, c. 12, Sched. N, s. 4 (2); 2009, c. 12, Sched. L, s. 7. Additional advisory committees (2) The Minister may establish additional advisory committees, consisting of such persons as the Minister appoints, to advise and make recommendations to the Minister, through the Commission, in respect of the amendment and implementation of the Niagara Escarpment Plan and to perform any other function given to the committees by the Minister. 1999, c. 12, Sched. N, s. 4 (2); 2009,…

5 (1) The commission known as the Niagara Escarpment Commission is continued under the name Niagara Escarpment Commission in English and Commission de l’escarpement du Niagara in French. R.S.O. 1990, c. N.2, s. 5 (1). Members (2) The Commission shall be composed of seventeen members appointed by the Lieutenant Governor in Council as follows: 1. Nine members shall be appointed as representative of the public at large. 2. The eight remaining members shall be appointed from a list containing the names of at least three persons submitted by the council of each upper-tier municipality and of each single-tier municipality that is outside an upper-tier municipality if the jurisdiction of the municipality includes any part of the Niagara Escarpment Planning Area and one member shall be appointed from each list. R.S.O. 1990, c. N.2, s. 5 (2); 2000, c. 5, s. 16 (1); 2002, c. 17, Sched. F, Table. T…

6 All expenditures, costs, charges and expenses incurred and payable in respect of the carrying out by the Commission of its functions, including the salaries and expenses of the members and employees of the Commission shall be paid out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. N.2, s. 6. Amendments to Plan

6.1 (1) In this section, “public body” means a municipality, local board, ministry, department, board, commission, agency or official of a provincial or federal government or a First Nation. 2005, c. 1, s. 25 (1). Amendments to Plan (2) An amendment to the Niagara Escarpment Plan may be initiated by the Minister or by the Commission, and application may be made to the Commission by any person or public body requesting an amendment to the Plan. 2005, c. 1, s. 25 (1); 2009, c. 12, Sched. L, ss. 7, 9 (1). Material to accompany application (2.1) An application to the Commission by a person or public body requesting an amendment to the Plan shall include a statement of the justification for the amendment and shall be accompanied by research material, reports, plans and the like that were used in the preparation of the amendment. 2005, c. 1, s. 25 (1); 2009, c. 12, Sched. L, s. 9 (1). Restrict…

7 During the course of the consideration of amendments to the Niagara Escarpment Plan, the Commission shall consult with any affected ministry and with the council of each municipality within or partly within the Niagara Escarpment Planning Area, with respect to the proposed contents of the Plan. R.S.O. 1990, c. N.2, s. 7; 1999, c. 12, Sched. N, s. 4 (4); 2000, c. 26, Sched. L, s. 7 (2); 2009, c. 12, Sched. L, s. 7. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 4 (4) - 22/12/1999 2000, c. 26, Sched. L, s. 7 (2) - 6/12/2000 2009, c. 12, Sched. L, s. 7 - 14/05/2009

8 The objectives of the Niagara Escarpment Plan are, and the objectives to be sought in the consideration of amendments to the Plan shall be, in the Niagara Escarpment Planning Area, (a) to protect unique ecologic and historic areas; (b) to maintain and enhance the quality and character of natural streams and water supplies; (c) to provide adequate opportunities for outdoor recreation; (d) to maintain and enhance the open landscape character of the Niagara Escarpment in so far as possible, by such means as compatible farming or forestry and by preserving the natural scenery; (e) to ensure that all new development is compatible with the purpose of this Act as expressed in section 2; (f) to provide for adequate public access to the Niagara Escarpment; and (g) to support municipalities within the Niagara Escarpment Planning Area in their exercise of the planning functions conferred upon the…

9 The Niagara Escarpment Plan may contain, (a) policies for the economic, social and physical development of the Niagara Escarpment Planning Area in respect of, (i) the management of land and water resources, (ii) the general distribution and density of population, (iii) the general location of industry and commerce, the identification of major land use areas and the provision of major parks and open space and the policies in regard to the acquisition of lands, (iv) the control of all forms of pollution of the natural environment, (v) the general location and development of major servicing, communication and transportation systems, (vi) the development and maintenance of educational, cultural, recreational, health and other social facilities, and (vii) such other matters as are, in the opinion of the Minister, advisable; (b) policies relating to the financing and programming of public de…

and shall contain such programs and policies as each minister desires to be incorporated in the Plan, in so far as the Commission considers it practicable. R.S.O. 1990, c. N.2, s. 9; 2009, c. 12, Sched. L, ss. 7, 11. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 7, 11 - 14/05/2009

10 (1) During the course of the consideration of amendments to the Niagara Escarpment Plan, the Commission shall, (a) furnish each municipality within or partly within the Niagara Escarpment Planning Area with a copy of the proposed amendments and invite it to make comments thereon within such period of time, not being more than 60 days from the time the amendments are furnished to it, as is specified; (b) publish a notice, on a website of the Government of Ontario or a website managed by the Commission, notifying the public of the proposed amendments, indicating where a copy of the amendments, together with the material used in the preparation thereof mentioned in subsection (6), can be examined and inviting the submission of comments thereon within such period of time, not being more than 60 days from the time the notice is first published, as is specified; and (c) furnish copies of th…

11 When the Niagara Escarpment Plan is amended, the Minister shall promptly provide a copy of the amendment to the Commission and to the clerk of every municipality that is affected by the amendment. 2000, c. 26, Sched. L, s. 7 (5); 2009, c. 12, Sched. L, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 7 (5) - 6/12/2000 2009, c. 12, Sched. L, s. 7 - 14/05/2009

12 The Commission shall make the Niagara Escarpment Plan available for public inspection. 2000, c. 26, Sched. L, s. 7 (5); 2009, c. 12, Sched. L, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 7 (5) - 6/12/2000 2009, c. 12, Sched. L, s. 7 - 14/05/2009

13 (1) Despite any other general or special Act, when the Niagara Escarpment Plan is in effect, (a) no municipality or local board as defined in the Municipal Affairs Act having jurisdiction in the Niagara Escarpment Planning Area, or in any part of the Area, and no ministry, shall undertake any improvement of a structural nature or any other development or undertaking within the Area if the improvement, development or undertaking is in conflict with the Niagara Escarpment Plan; and (b) no municipality having jurisdiction in the Niagara Escarpment Planning Area, or in any part of the Area, shall pass a by-law for any purpose if it is in conflict with the Niagara Escarpment Plan. 2000, c. 26, Sched. L, s. 7 (6); 2002, c. 17, Sched. F, Table; 2009, c. 12, Sched. L, ss. 7, 12 (1). Minister may deem by-law, etc., conforms to Plan (2) The Minister, upon the application of the council of a mun…

14 Despite any other general or special Act, where the Niagara Escarpment Plan is in effect and there is a conflict between any provision of the Plan and any provision of a local plan or any provision of a zoning by-law covering any part of the Niagara Escarpment Planning Area, then the provision of the Niagara Escarpment Plan prevails. R.S.O. 1990, c. N.2, s. 14; 2009, c. 12, Sched. L, s. 7. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 7 - 14/05/2009

15 (1) Where, in the opinion of the Minister, a local plan or a zoning by-law that covers any part of the Niagara Escarpment Planning Area is in conflict with the provisions of the Niagara Escarpment Plan, the Minister shall advise the council of the municipality that adopted the local plan or that passed the zoning by-law of the particulars wherein the local plan or zoning by-law conflicts with the Niagara Escarpment Plan and shall invite the municipality to submit, within such time as the Minister specifies, proposals for the resolution of the conflict. R.S.O. 1990, c. N.2, s. 15 (1); 2009, c. 12, Sched. L, s. 7. Power of Minister to amend local plan (2) Where the council of the municipality fails to submit proposals to resolve the conflict within the time specified by the Minister, or where after consultation with the Minister on such proposals the conflict cannot be resolved, and the…

16 Where the Niagara Escarpment Plan is in effect in a municipality or any part thereof and the municipality does not have a local plan in effect or has not passed a zoning by-law or by-laws covering the municipality or that part of the municipality covered by the Plan, the council of the municipality, upon being notified in writing by the Minister of that fact, shall, within such time as is specified in the notice, prepare and adopt a local plan or pass a zoning by-law or by-laws that conform to the Niagara Escarpment Plan, as the case requires, and, in the case of a local plan, submit it to the Minister of Municipal Affairs and Housing or the approval authority. R.S.O. 1990, c. N.2, s. 16; 2000, c. 26, Sched. L, s. 7 (7); 2009, c. 12, Sched. L, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 7 (7) - 6/12/2000 2009, c. 12, Sched. L, s. 7 - 14/05/2009

17 (1) The Minister shall cause a review of the Niagara Escarpment Plan to be carried out at the same time the review of the Greenbelt Plan is carried out under the Greenbelt Act, 2005. 2005, c. 1, s. 25 (2); 2009, c. 12, Sched. L, s. 7. Consultation and public participation (2) During a review, the Minister shall, (a) consult with any ministry with an interest in the Plan, the Commission or other interested public bodies; (b) consult with any advisory committee established under section 4; (c) consult with the council of each municipality if the jurisdiction of the municipality includes any part of the Niagara Escarpment Planning Area; and (d) ensure that the public is given an opportunity to participate in the review. 2012, c. 8, Sched. 36, s. 1. Amendments to Plan (3) After completion of the review, the Minister may propose amendments to the Plan. 2012, c. 8, Sched. 36, s. 1. Procedur…

18 (1) For the purposes of developing any feature of the Niagara Escarpment Plan, the Minister may, for and in the name of the Crown, acquire by purchase, lease or otherwise, or, subject to the Expropriations Act, without the consent of the owner, enter upon, take and expropriate and hold any land or interest therein within the Niagara Escarpment Planning Area and sell, lease or otherwise dispose of any such land or interest therein. R.S.O. 1990, c. N.2, s. 18 (1); 2009, c. 12, Sched. L, s. 7. Power of designated minister (2) The Lieutenant Governor in Council may designate any minister of the Crown in respect of any land acquired under subsection (1), and thereupon the minister so designated may, for the purpose of developing any feature of the Niagara Escarpment Plan, (a) clear, grade or otherwise prepare the land for development or may construct, repair or improve buildings, works and…

19 (1) On the day subsection 25 (3) of the Greenbelt Act, 2005 comes into force, (a) the lands that are part of the Niagara Escarpment Planning Area and described in paragraphs 26, 30, 31 and 33 of the Schedule to Regulation 684 of the Revised Regulations of Ontario, 1980 (as the Schedule read on December 31, 1990) shall be covered by, and subject to, the Niagara Escarpment Plan; and (b) the Niagara Escarpment Plan is amended so that the provisions of the Plan that define the parts of the Niagara Escarpment Planning Area that are covered by the Plan shall be deemed to include a reference to the lands referred to in clause (a). 2005, c. 1, s. 25 (3); 2009, c. 12, Sched. L, s. 7. Consequential amendments to Plan (2) On or after the day subsection 25 (3) of the Greenbelt Act, 2005 comes into force, the Lieutenant-Governor in Council may order that the Niagara Escarpment Plan be amended to, …

20 When the Niagara Escarpment Plan is in effect, the Minister may, out of the money appropriated therefor by the Legislature, provide financial assistance to any person, organization or corporation, including a municipal corporation, undertaking any policy or program that implements the Plan. R.S.O. 1990, c. N.2, s. 20; 2009, c. 12, Sched. L, ss. 7, 16. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 7, 16 - 14/05/2009

21 (1) Where, in the opinion of the Lieutenant Governor in Council, the Niagara Escarpment Plan has been substantially completed for any part of the Niagara Escarpment Planning Area, the Lieutenant Governor in Council may by order and subject to such terms and conditions as the Lieutenant Governor in Council considers appropriate, transfer any of the functions of the Commission to the council of an upper-tier municipality or of a single-tier municipality outside of an upper-tier municipality. R.S.O. 1990, c. N.2, s. 21 (1); 2000, c. 5, s. 16 (2); 2002, c. 17, Sched. F, Table; 2009, c. 12, Sched. L, s. 7. Limitation (2) No order shall be made under subsection (1) except upon application made to the Lieutenant Governor in Council by the council of the municipality, and every such application shall include a statement of the administrative procedures intended to be followed in the exercise …

22 The Minister may make regulations designating any area or areas of land within the Niagara Escarpment Planning Area as an area of development control. R.S.O. 1990, c. N.2, s. 22.

23 The Minister may make regulations, (a) providing that where an area of development control is designated, such zoning by-laws and such orders made under section 47 of the Planning Act, or any part thereof, as are designated in the regulation, cease to have effect in the area or in any defined part thereof, provided that where land is removed from an area of development control such land is thereupon subject again to the aforementioned by-laws or orders or parts thereof, as the case may be, unless in the meantime such by-laws or orders or parts thereof have been repealed or revoked; (b) providing for the issuance of development permits and prescribing terms and conditions of permits; (c) providing for the exemption of any class or classes of persons, or any class or classes of development within any development area from the requirement of obtaining a development permit, subject to any…

23.1 Despite any other Act, the Lieutenant Governor in Council may, in respect of the area covered by the Niagara Escarpment Plan, make regulations to vary, supplement or override any provision in this Act or the Niagara Escarpment Plan in order to facilitate the effective operation of the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005. 2005, c. 1, s. 25 (5); 2009, c. 12, Sched. L, ss. 7, 16. Section Amendments with date in force (d/m/y) 2005, c. 1, s. 25 (5) - 16/12/2004 2009, c. 12, Sched. L, s. 7, 16 - 14/05/2009

24 (1) Despite any other general or special Act, if an area of development control is established by regulation made under section 22, no person shall undertake any development in the area unless such development is exempt under the regulations or unless the development complies with a development permit issued under this Act. 1999, c. 12, Sched. N, s. 4 (9). Terms and conditions (2) The Minister may issue development permits and may include such terms and conditions as he or she considers advisable. 1999, c. 12, Sched. N, s. 4 (9). Agreements (2.1) The Minister may, as a condition of issuing a development permit, enter into an agreement with an owner of land, the agreement may be registered against the land and the Minister is entitled to enforce the provisions of the agreement against the owner and, subject to the Registry Act and the Land Titles Act, against any subsequent owners of t…

25 (1) Subject to subsection (2), the Minister may in writing, and subject to such conditions as he or she considers appropriate, delegate authority to issue development permits to, (a) the Commission; (b) an officer or employee of the Commission who is designated by the Commission; (c) an upper-tier municipality having jurisdiction in the Niagara Escarpment Planning Area or any part thereof; or (d) a single-tier municipality outside an upper-tier municipality having jurisdiction in the Niagara Escarpment Planning Area or any part thereof. 1999, c. 12, Sched. N, s. 4 (11); 2002, c. 17, Sched. F, Table. Limitation on delegation (2) No delegation shall be made under subsection (1) to a municipality, except where the municipality on application therefor has been designated by order of the Minister as a municipality to which may be delegated the authority to issue development permits under s…

26 (1) Where the Minister has not delegated his or her authority under section 25 and the Minister receives an application for a development permit, the Minister shall cause a written notice of the application, together with a brief statement of the nature of the application, to be given by personal service, by regular or registered mail or by email to all assessed owners of land lying within 400 feet of the land that is the subject of the application and every such notice shall specify the time within which any person receiving it may file with the Minister written notice of the person’s objection to the issuance of a development permit. R.S.O. 1990, c. N.2, s. 26 (1); 2019, c. 7, Sched. 42, s. 2 (1). Minister may issue, etc., permit (2) Subject to subsection (7), unless within the time specified in the notice referred to in subsection (1) a notice objecting to the issuance of a develop…

27 (1) Where the use of any land within the Niagara Escarpment Planning Area is not in conformity with the use designated for such land in the Niagara Escarpment Plan or in any local plan covering such land, and the assessment of such land is increased because of such designation, the local municipality in which the land is situate and the owner of the land may, with the approval of the Minister, enter into an agreement providing for a fixed assessment for the land reflecting the use to which the land is being put, to apply to taxation for general, school and special purposes, but not to apply to taxation for local improvements. R.S.O. 1990, c. N.2, s. 27 (1); 2009, c. 12, Sched. L, ss. 7, 17. Term of agreement (2) Every such agreement shall be for such term of years not exceeding three as the Minister approves and the Minister may, in granting his or her approval, attach such terms and …

27.1 (1) The Minister may appoint or designate persons or classes of persons as enforcement officers for the purposes of this Act. 2023, c. 20, Sched. 11, s. 5. Enforcement officers by virtue of office (2) The following persons are enforcement officers for the purposes of this Act by virtue of their office: 1. A conservation officer appointed under subsection 87 (1) of the Fish and Wildlife Conservation Act, 1997. 2. A provincial offences officer employed by the Commission and designated by the Minister to enforce this Act. 2023, c. 20, Sched. 11, s. 5. Production of identification (3) An enforcement officer acting under this Act shall, on request, produce identification. 2023, c. 20, Sched. 11, s. 5. Section Amendments with date in force (d/m/y) 2023, c. 20, Sched. 11, s. 5 - 04/12/2023

28 (1) Subject to subsection (3), an enforcement officer, an employee or agent of the Commission or a person designated under subsection 5 (11) may enter and inspect any land, building or dwelling if, (a) the entry is for the purpose of considering an amendment to the Niagara Escarpment Plan proposed by the owner of the property; (b) the entry is for the purpose of a review of the Niagara Escarpment Plan under section 17 and is not inconsistent with the terms of reference established under that section for the review; (c) the entry is for the purpose of considering an application for a development permit under this Act; (d) the entry is for the purpose of considering or commenting on an application under any Act for a permit, order, certificate, licence, approval, consent, permission or other decision related to land use or development; or (e) there are reasonable grounds to believe that…

28.0.1 (1) A person shall not, (a) knowingly make a false statement in an application or in any other document required to be submitted under this Act; (b) knowingly make a false or misleading statement to an enforcement officer who is acting under this Act; or (c) otherwise obstruct an enforcement officer who is acting under this Act. 2023, c. 20, Sched. 11, s. 7. Offence (2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $10,000. 2023, c. 20, Sched. 11, s. 7. Section Amendments with date in force (d/m/y) 2023, c. 20, Sched. 11, s. 7 - 04/12/2023

28.1 (1) Any notice or order required to be given under subsection 6.1 (3), section 24 or subsection 26 (1) is sufficiently given if delivered personally or sent by any method that allows receipt to be proven addressed to the person upon whom service is to be made at the last address for service appearing on the records of the Commission. 2006, c. 19, Sched. P, s. 3 (3); 2023, c. 20, Sched. 11, s. 8. Same (2) Service made by registered mail shall be deemed to be made on the fifth day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, and for cause beyond the control of the person, receive the notice until a later date. 2006, c. 19, Sched. P, s. 3 (3). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. P, s. 3 (3) - 22/06/2006 2023, c. 20, Sched. 11, s. 8 - 04/12/2023

29 Any matter, appeal, application, referral, procedure or hearing stayed by subsection 8 (1) of the Greenbelt Protection Act, 2004 is continued as if that section had never been enacted and any time period shall be calculated as if no time had passed between the day the matter was stayed and the day this section comes into force. 2005, c. 1, s. 25 (5). Section Amendments with date in force (d/m/y) 2005, c. 1, s. 25 (5) - 16/12/2004

30 (1) With respect to subsections 6.1 (1), (2), (2.1), (2.2) and (2.3) and 17 (1), section 19, clause 23 (e) and sections 23.1 and 29, 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. 2005, c. 1, s. 25 (5). 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 subsection (1). 2005, c. 1, s. 25 (5). Proceedings barred (3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly b…

31 A prosecution for an offence under this Act shall not be commenced more than three years after the date on which the offence was committed or is alleged to have been committed. 2007, c. 7, Sched. 28, s. 1. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 28, s. 1 - 17/05/2007 ______________