Greenbelt Statute Law Amendment Act, 2023, S.O. 2023, c. 22 - Bill 136

• Jurisdiction: Ontario
• Bill Number: 136
• Date: 06 December 2023

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 136 and does not form part of the law. Bill 136 has been enacted as Chapter 22 of the Statutes of Ontario, 2023.

SCHEDULE 1
DUFFINS ROUGE AGRICULTURAL PRESERVE ACT, 2023

The Schedule enacts the Duffins Rouge Agricultural Preserve Act, 2023 and repeals the Duffins Rouge Agricultural Preserve Repeal Act, 2022.

Section 2 of the Duffins Rouge Agricultural Preserve Act, 2023 defines DRAPA covenants and DRAPA easements as any covenant that an owner of land entered into or purportedly entered into with, or any easement that an owner of land granted or purportedly granted to, a conservation body under the Conservation Land Act on or before February 28, 2005 with respect to land in the area described in Schedule 1.

The Minister under the Conservation Land Act may register a notice of section 2 against the affected land in the proper land registry office. Despite the Land Titles Act, DRAPA covenants and DRAPA easements are binding on a person who has an interest in land described in Schedule 1 of the Act regardless of when the person acquired the interest and whether a notice of section 2 was registered against the affected land at the time the person acquired the interest.

Section 3 sets out various limitations on remedies. Among other things, this section provides that no cause of action arises as a result of the amendment or repeal of any provision of the Act, the Duffins Rouge Agricultural Preserve Act, 2005 or the Duffins Rouge Agricultural Preserve Repeal Act, 2022, or as a result of anything done or not done in accordance with these Acts or any representation or other conduct by current or former employees, officers or agents of the Crown in right of Ontario or current or former members of the Executive Council that is related to specified actions.

SCHEDULE 2
GREENBELT ACT, 2005

The Schedule amends the Greenbelt Act, 2005. Here are some highlights:

1. Currently, section 2 of the Act provides for the regulations to designate an area of land as the Greenbelt Area. The Greenbelt Area is currently set out in Ontario Regulation 59/05 (Designation of Greenbelt Area). Section 2 of the Act is re-enacted to set out the designated Greenbelt Area, which reflects the Area designated by Ontario Regulation 59/05 but also includes the area of land that was removed from that Regulation on December 14, 2022.

2. New section 14.1 of the Act provides that the Greenbelt Plan is deemed to provide that specified lands are designated or otherwise identified in the same manner as they were so designated or otherwise identified by the Plan on December 13, 2022.

3. Section 19 of the Act, which currently sets out various limitations on remedies, is re-enacted. Among other things, new section 19 provides that no cause of action arises as a result of amendments to the Act or to regulations made under the Act or any representation or other conduct by current or former employees, officers or agents of the Crown in right of Ontario or current or former members of the Executive Council that is related to specified actions.

4. New section 19.1 of the Act provides for the termination of an agreement between a specified company and His Majesty the King in Right of Ontario respecting the settlement of a court proceeding.

5. Ontario Regulation 59/05 (Designation of Greenbelt Area) is revoked.

SCHEDULE 3
MINISTRY OF MUNICIPAL AFFAIRS AND HOUSING ACT

Currently, subsection 7 (1) of the Ministry of Municipal Affairs and Housing Act provides for protection from personal liability for acts done in good faith by the Deputy Minister, any employee of the Ministry or anyone acting under the Deputy Minister’s authority. The subsection is amended to also apply to acts done in good faith by Facilitators and Deputy Facilitators appointed under subsection 12 (2) of the Act.

SCHEDULE 4
OAK RIDGES MORAINE CONSERVATION ACT, 2001

The Schedule amends the Oak Ridges Moraine Conservation Act, 2001. Here are some highlights:

1. Currently, section 2 of the Act provides for the regulations to designate an area of land as the Oak Ridges Moraine Area. The Oak Ridges Moraine Area is currently set out in Ontario Regulation 1/02 (Designation of Oak Ridges Moraine Area). Section 2 of the Act is re-enacted to set out the designated Oak Ridges Moraine Area, which reflects the Area designated by Ontario Regulation 1/02. A complementary amendment is made to section 22 of the Act.

2. Section 20 of the Act, which currently sets out various limitations on remedies, is re-enacted. Among other things, new section 20 provides that no cause of action arises as a result of amendments to the Act or to the regulations made under the Act or any representation or other conduct by current or former employees, officers or agents of the Crown in right of Ontario or current or former members of the Executive Council that is related to specified actions.

3. New section 26 of the Act provides that Ontario Regulation 140/02 (Oak Ridges Moraine Conservation Plan) is deemed to apply as though the amendments made by Ontario Regulation 568/22 had not been made.

4. Ontario Regulation 1/02 (Designation of Oak Ridges Moraine Area) is revoked.

chapter 22

An Act to amend the Greenbelt Act, 2005 and certain other Acts, to enact the Duffins Rouge Agricultural Preserve Act, 2023, to repeal an Act and to revoke various regulations

Assented to December 6, 2023

CONTENTS

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Contents of this Act

1 This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2 (1) Except as otherwise provided in this section, this Act comes into force on the day it receives Royal Assent.

(2) The Schedules to this Act come into force as provided in each Schedule.

(3) If a Schedule to this Act provides that any of its provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short title

3 The short title of this Act is the Greenbelt Statute Law Amendment Act, 2023.

SCHEDULE 1
DUFFINS ROUGE AGRICULTURAL PRESERVE ACT, 2023

Interpretation

Definition

1 In this Act,

“DRAPA covenant” means any covenant that an owner of land entered into or purportedly entered into with a conservation body under the Conservation Land Act on or before February 28, 2005 with respect to land in the area described in Schedule 1; (“engagement visé par la Loi sur la Réserve agricole de Duffins-Rouge”)

“DRAPA easement” means any easement that an owner of land granted or purportedly granted to a conservation body under the Conservation Land Act on or before February 28, 2005 with respect to land in the area described in Schedule 1. (“servitude visée par la Loi sur la Réserve agricole de Duffins-Rouge”)

Duffins Rouge Agricultural Preserve

DRAPA covenants, easements valid

2 (1) Every DRAPA covenant and DRAPA easement is deemed to be valid and deemed to have always been valid since first granted or entered into despite the Duffins Rouge Agricultural Preserve Repeal Act, 2022 and any action, agreement, instrument registered against the affected land or court order to the contrary taken, entered into or issued before, on or after the day Schedule 1 of the Greenbelt Statute Law Amendment Act, 2023 comes into force.

Registration of notice

(2) The Minister under the Conservation Land Act may register a notice of this section against the affected land in the proper land registry office.

Land Titles Act

(3) Despite the Land Titles Act, the covenants and easements that are deemed to be valid under subsection (1) are binding on a person who has an interest in land described in Schedule 1 regardless of,

(a) whether the person acquired the interest before, on or after the day subsection (1) came into force; and

(b) whether a notice of this section was registered against the affected land at the time the person acquired the interest.

Notice deemed valid

(4) A notice under section 2 of the Duffins Rouge Agricultural Preserve Act, 2005 registered in the proper land registry office against any land described in Schedule 1 is deemed to have been valid from the day it was first registered until the day the Duffins Rouge Agricultural Preserve Repeal Act, 2022 came into force.

Limitations on remedies

3 (1) No cause of action arises as a direct or indirect result of,

(a) the enactment, amendment or repeal of any provision of this Act, the Duffins Rouge Agricultural Preserve Act, 2005 or the Duffins Rouge Agricultural Preserve Repeal Act, 2022;

(b) anything done or not done in accordance with this Act, the Duffins Rouge Agricultural Preserve Act, 2005 or the Duffins Rouge Agricultural Preserve Repeal Act, 2022; or

(c) any representation or other conduct by current or former employees, officers, or agents of the Crown in right of Ontario or current or former members of the Executive Council that is related, directly or indirectly, to,

(i) the validity or legal effect of any DRAPA covenant, DRAPA...