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

• Jurisdiction: Ontario

Greenbelt Act, 2005

S.o. 2005, chapter 1

Consolidation Period: From June 1, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 6, s. 51.

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”)

“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.

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

Designation of area

2 (1) The Lieutenant Governor in Council may by regulation,

(a) designate an area of land as the Greenbelt Area; and

(b) amend a designation made under clause (a). 2005, c. 1, s. 2 (1).

Same

(2) The Greenbelt Area shall include,

(a) the areas covered by the Oak Ridges Moraine Conservation Plan;

(b) the areas covered by the Niagara Escarpment Plan; and

(c) such areas of land as may be described in the regulations. 2005, c. 1, s. 2 (2); 2009, c. 12, Sched. L, s. 5.

Retroactive

(3) A regulation made under clause (1) (a) may be retroactive to a date no earlier than December 16, 2004. 2005, c. 1, s. 2 (3).

Limitation

(4) A regulation made under clause (1) (b) shall not amend the designation if the amendment has the effect of reducing the total land area within the Greenbelt Area. 2005, c. 1, s. 2 (4).

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

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

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 the provision of major parks and open space, and

(iv) the development of cultural, recreational and tourism facilities;

(e) policies,

(i) prohibiting official plans and zoning by-laws from containing provisions that relate to specified matters and are more restrictive than the provisions relating to such matters that are contained in the Greenbelt Plan, and

(ii) specifying matters referred to in subclause (i);

(f) land use policies to support the long-term viability of agriculture in the Protected Countryside; and

(g) such other policies as may be prescribed. 2005, c. 1, s. 6 (2).

Decisions to conform to plan

7 (1) A decision that is made under the Ontario Planning and Development Act, 1994, the Planning Act or the Condominium Act, 1998 or in relation to a prescribed matter by a municipal council, local board, municipal planning authority, minister of the Crown or ministry, board, commission or agency of the Government of Ontario, including the Ontario Land Tribunal, shall conform with the Greenbelt Plan. 2005, c. 1, s. 7 (1); 2021, c. 4, Sched. 6, s. 51 (1).

Limitation

(2) Subsection (1) does not apply to a policy statement issued under section 3 of the Planning Act. 2005, c. 1, s. 7 (2).

Actions to conform to plan

(3) Despite any other Act, no municipality or municipal planning authority shall, within the areas to which the Greenbelt Plan applies,

(a) undertake any public work, improvement of a structural nature or other undertaking that conflicts with the Greenbelt Plan; or

(b) pass a by-law for any purpose that conflicts with the Greenbelt Plan. 2005, c. 1, s. 7 (3).

Comments, advice

(4) Comments, submissions or advice provided by a minister of the Crown, a ministry, board, commission or agency of the Government of Ontario or a conservation authority established under section 3 of the Conservation Authorities Act that affect a planning matter relating to lands to which the Greenbelt Plan applies shall conform with the Greenbelt Plan. 2005, c. 1, s. 7 (4).

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

2021, c. 4, Sched. 6, s. 51 (1) - 01/06/2021

Conflicts with Greenbelt Plan

8 (1) Despite any other Act, the Greenbelt Plan prevails in the case of a conflict between the Greenbelt Plan and,

(a) an official plan;

(b) a zoning by-law; or

(c) a policy statement issued under section 3 of the Planning Act. 2005, c. 1, s. 8 (1).

Same

(2) Despite any other Act, if there is a conflict between the Greenbelt Plan and either the Oak Ridges Moraine Conservation Plan or the Niagara Escarpment Plan, the Oak Ridges Moraine Conservation Plan or the Niagara Escarpment Plan, as the case may be, prevails over the Greenbelt Plan in its area of application. 2005, c. 1, s. 8 (2); 2009, c. 12, Sched. L, s. 5.

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