Lake Simcoe Protection Act, 2008, S.O. 2008, c. 23

• Jurisdiction: Ontario

Lake Simcoe Protection Act, 2008

S.o. 2008, chapter 23

Consolidation Period: From February 22, 2024 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 6, s. 55.

CONTENTS

Preamble

Lake Simcoe is an essential part of Ontario’s natural environment and a critical resource, especially for people who live, work and play within the watershed of the Lake. In the face of climate change, invasive species, and the pressures of population growth and development, strong action is needed to protect and restore the ecological health of the Lake Simcoe watershed for the present generation and for future generations. There are many benefits of promoting environmentally sustainable land and water uses, activities and development practices in the Lake Simcoe watershed. Public bodies, aboriginal communities, businesses and individuals share an interest in the ecosystem of the Lake Simcoe watershed and have shared responsibility for its health.

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

Purpose

1 The purpose of this Act is to protect and restore the ecological health of the Lake Simcoe watershed. 2008, c. 23, s. 1.

Definitions

2 In this Act,

“designated policy” means a policy designated in the Lake Simcoe Protection Plan as a designated policy; (“politique désignée”)

“instrument” means any document of legal effect, including a permit, licence, approval, authorization, direction or order, that is issued or otherwise created under an Act, but does not include,

(a) a regulation within the meaning of Part III of the Legislation Act, 2006, or

(b) a by-law of a municipality or local board; (“acte”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“Lake Simcoe Region Conservation Authority” includes any successor of that Authority; (“Office de protection de la nature de la région du lac Simcoe”)

“Lake Simcoe watershed” means,

(a) Lake Simcoe and the part of Ontario, the water of which drains into Lake Simcoe, or

(b) if the boundaries of the area described by clause (a) are described more specifically in the regulations, the area within those boundaries; (“bassin hydrographique du lac Simcoe”)

“local board” has the same meaning as in the Municipal Affairs Act; (“conseil local”)

“Minister” means the Minister of the Environment or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“prescribed instrument” means an instrument that is issued or otherwise created under a provision prescribed by the regulations of,

(a) the Aggregate Resources Act,

(b) the Clean Water Act, 2006,

(c) the Conservation Authorities Act,

(d) the Crown Forest Sustainability Act, 1994,

(e) the Endangered Species Act, 2007,

(f) the Environmental Assessment Act,

(g) the Environmental Protection Act,

(h) the Fish and Wildlife Conservation Act, 1997,

(i) the Lakes and Rivers Improvement Act,

(j) the Nutrient Management Act, 2002,

(k) the Ontario Water Resources Act,

(l) the Pesticides Act,

(m) the Public Lands Act, or

(n) any other Act or regulation prescribed by the regulations, other than the Planning Act, the Condominium Act, 1998 or a regulation made under the Planning Act or the Condominium Act, 1998; (“acte prescrit”)

“prescribed outside area” means an area prescribed by the regulations as a prescribed outside area; (“zone extérieure prescrite”)

“public body” means,

(a) a municipality, local board or conservation authority,

(b) a ministry, board, commission, agency or official of the Government of Ontario, or

(c) a body prescribed by the regulations or an official of a body prescribed by the regulations; (“organisme public”)

“regulations” means the regulations made under this Act. (“règlements”) 2008, c. 23, s. 2.

Lake Simcoe Protection Plan established

3 (1) The Lieutenant Governor in Council shall establish the Lake Simcoe Protection Plan. 2008, c. 23, s. 3 (1).

Application

(2) Subject to subsection (3) and to any amendments made under sections 13 to 16, the Lake Simcoe Protection Plan applies to the Lake Simcoe watershed. 2008, c. 23, s. 3 (2).

Research

(3) Policies set out in the Lake Simcoe Protection Plan may apply to research and monitoring programs conducted in areas outside the Lake Simcoe watershed for the purpose of determining whether activities in those areas directly affect or would directly affect the ecological health of the Lake Simcoe watershed. 2008, c. 23, s. 3 (3).

Effective date

(4) The Lake Simcoe Protection Plan takes effect on the date specified in the Plan. 2008, c. 23, s. 3 (4).

Notice of Plan

(5) As soon as reasonably possible after the Lake Simcoe Protection Plan is established, the Minister shall publish notice of the Plan on the environmental registry established under section 5 of the Environmental Bill of Rights, 1993, together with any other information that the Minister considers appropriate. 2008, c. 23, s. 3 (5).

Filing of Plan

(6) A copy of the Lake Simcoe Protection Plan and of every amendment to it, certified by the Minister, shall be filed in the office of the Ministry, with the clerk of each municipality having jurisdiction in the Lake Simcoe watershed, with the Lake Simcoe Region Conservation Authority, and in such other locations as the Minister considers appropriate. 2008, c. 23, s. 3 (6).

Objectives of Plan

4 The objectives of the Lake Simcoe Protection Plan are,

(a) to protect, improve or restore the elements that contribute to the ecological health of the Lake Simcoe watershed, including,

(i) water quality,

(ii) hydrology,

(iii) key natural heritage features and their functions, and

(iv) key hydrologic features and their functions;

(b) to restore a self-sustaining coldwater fish community in Lake Simcoe;

(c) to reduce loadings of phosphorus and other nutrients of concern to Lake Simcoe and its tributaries;

(d) to reduce the discharge of pollutants to Lake Simcoe and its tributaries;

(e) to respond to adverse effects related to invasive species and, where possible, to prevent invasive species from entering the Lake Simcoe watershed;

(f) to improve the Lake Simcoe watershed’s capacity to adapt to climate change;

(g) to provide for ongoing scientific research and monitoring related to the ecological health of the Lake Simcoe watershed;

(h) to improve conditions for environmentally sustainable recreational activities related to Lake Simcoe and to promote those activities;

(i) to promote environmentally sustainable land and water uses, activities and development practices;

(j) to build on the protections for the Lake Simcoe watershed that are provided by,

(i) provincial plans that apply in all or part of the Lake Simcoe watershed, including the Oak Ridges Moraine Conservation Plan and the Greenbelt Plan, and

(ii) provincial legislation, including the Clean Water Act, 2006, the Conservation Authorities Act, the Ontario Water Resources Act and the Planning Act; and

(k) any other objectives set out in the Lake Simcoe Protection Plan. 2008, c. 23, s. 4.

Contents of Plan

5 (1) The Lake Simcoe Protection Plan shall set out the following:

1. The environmental conditions of the Lake Simcoe watershed.

2. Indicators of the ecological health of the Lake Simcoe watershed.

3. The existing significant threats and potential significant threats to the ecological health of the Lake Simcoe watershed.

4. One or more targets related to the indicators mentioned in paragraph 2 and the objectives mentioned in section 4.

5. Policies to achieve the objectives of the Plan.

6. The principles and priorities that guided the development of the Plan.

7. The priorities that should guide implementation of the Plan.

8. The methods that will be used to assess whether the objectives of the Plan are being achieved.

9. The areas of scientific research that should be pursued to support implementation of the Plan and the priorities with respect to this research.

10. A description of any areas to which regulations made under section 26 may apply and the reasons that those regulations may apply to those areas.

11. A strategy for financing the implementation of the Plan.

12. The date the Plan takes effect. 2008, c. 23, s. 5 (1).

Policies

(2) Without limiting the generality of paragraph 5 of subsection (1), the policies referred to in that paragraph may include the following:

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 key natural heritage features and key hydrologic features of the Lake Simcoe watershed that contribute to its ecological health and that have been set out in the Lake Simcoe Protection Plan, including,

i. 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 Plan,

ii. policies restricting or regulating the use of land or the erection, location or use of buildings or structures, and

iii. policies to protect, improve or restore key natural heritage features and their functions and key hydrologic features and their functions.

4. Policies governing requirements for planning, development, infrastructure and site alteration in the Lake Simcoe watershed for the purpose of achieving the objectives of the Lake Simcoe Protection Plan, including policies related to the management of stormwater and wastewater.

5. Policies...