Greenbelt Act, 2005, S.O. 2005, c. 1

• Jurisdiction: Ontario

Greenbelt Act, 2005

S.o. 2005, chapter 1

Consolidation Period: From December 6, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 22, Sched. 2, s. 1-4.

CONTENTS

Definitions and interpretation

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” means the plan established under section 3 of the Niagara Escarpment Planning and Development Act; (“Plan d’aménagement de l’escarpement du Niagara”)

“Oak Ridges Moraine Conservation Plan” means the plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001; (“Plan de conservation de la moraine d’Oak Ridges”)

“prescribed” means prescribed by regulations made under this Act; (“prescrit”)

“Protected Countryside” means the areas designated as Protected Countryside in the Greenbelt Plan; (“campagne protégée”)

“public body” means a municipality, local board, ministry, department, board, commission, agency or official of a provincial or federal government or a First Nation. (“organisme public”) 2005, c. 1, s. 1 (1); 2009, c. 12, Sched. L, s. 5; 2023, c. 22, Sched. 2, s. 1.

References

(2) A reference in this Act to a provision of the Planning Act or the Condominium Act, 1998 includes a reference to any predecessor of that provision. 2005, c. 1, s. 1 (2).

Section Amendments with date in force (d/m/y)

2009, c. 12, Sched. L, s. 5 - 14/05/2009

2023, c. 22, Sched. 2, s. 1 - 06/12/2023

Designation of area

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 plan entitled “Plan of the Boundary of the 2017 Protected Countryside Additions” dated May 4, 2017 and filed on that date with the Office of the Surveyor General of Ontario and the area of land designated as Part 1 on a plan entitled “Plan of the Boundary of the 2022 Protected Countryside Additions” dated December 12, 2022 and filed on that date with the Office of the Surveyor General of Ontario, but not the area of land designated as Parts 1 to 34, both inclusive, on a plan entitled “Plan of the Boundary of the 2017 Protected Countryside Removals” dated May 4, 2017 and filed on that date with the Office of the Surveyor General of Ontario.

4. The area of land designated as Part 1 on a plan entitled “Plan of the Boundary of the Glenorchy Addition”, dated January 4, 2013 and filed on that date with the Office of the Surveyor General of Ontario.

5. The area of land designated as Parts 1 to 34, both inclusive, on a plan entitled “Plan of the Boundary of the 2017 Urban River Valley Area Additions” dated May 4, 2017 and filed on that date with the Office of the Surveyor General of Ontario, including the area of land designated as Part 4 on that plan even though that area of land is a portion of the area of land designated as Part 1 on the plan referred to in paragraph 3 entitled “Plan of the Boundary of the 2017 Protected Countryside Removals”.

6. The area of land designated as Parts 1 to 12, both inclusive, on a plan entitled “Plan of the Boundary of the 2022 Urban River Valley Area Additions” dated December 12, 2022 and filed on that date with the Office of the Surveyor General of Ontario. 2023, c. 22, Sched. 2, s. 2.

Public inspection of plans

(2) Copies of the following plans are available for public inspection at the offices of the Ministry of Municipal Affairs and Housing and on a website of the Government of Ontario:

1. The plan referred to in paragraph 1 of subsection (1) entitled “Plan of the Boundary of the 2017 Oak Ridges Moraine Area Removal”.

2. All of the plans referred to in paragraphs 3 to 6 of subsection (1). 2023, c. 22, Sched. 2, s. 2.

Same

(3) The Niagara Escarpment Plan Maps 1 to 9, referred to in paragraph 2 of subsection (1), are available for public inspection at the offices of the Niagara Escarpment Commission. 2023, c. 22, Sched. 2, s. 2.

Section Amendments with date in force (d/m/y)

2009, c. 12, Sched. L, s. 5 - 14/05/2009

2023, c. 22, Sched. 2, s. 2 - 06/12/2023

Establishment of plan

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 Legislation Act, 2006. 2005, c. 1, s. 3 (4); 2006, c. 21, Sched. F, s. 136 (1).

Retroactive operation

(5) The Greenbelt Plan takes effect on the date specified in it which may be retroactive to a date no earlier than December 16, 2004. 2005, c. 1, s. 3 (5).

Section Amendments with date in force (d/m/y)

2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007

No derogation from existing plans

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

Objectives

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 promote linkages between ecosystems and provincial parks or public lands;

(i) to control urbanization of the lands to which the Greenbelt Plan applies;

(j) to ensure that the development of transportation and infrastructure proceeds in an environmentally sensitive manner;

(k) to promote sustainable resource use;

(l) any other prescribed objectives. 2005, c. 1, s. 5.

Content of plan

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 structures;

(c) policies relating to land and resource protection and land development; and

(d) policies for the economic and physical development of the land including,

(i) the management of land and water resources,

(ii) the development of major servicing, communication and transportation systems,

(iii) the identification of major land use areas and...