Oak Ridges Moraine Conservation Act, 2001, S.O. 2001, c. 31

• Jurisdiction: Ontario

Oak Ridges Moraine Conservation Act, 2001

S.O. 2001, Chapter 31

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

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

CONTENTS

Interpretation

1 (1) In this Act,

“First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”)

“former Act” means the Oak Ridges Moraine Protection Act, 2001; (“loi antérieure”)

“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”)

“natural core area” and “natural linkage area” mean areas designated as such in the Oak Ridges Moraine Conservation Plan; (“zone centrale naturelle” et “lien physique naturel”)

“Oak Ridges Moraine Area” means the area of land designated under section 2; (“territoire de la moraine d’Oak Ridges”)

“Oak Ridges Moraine Conservation Plan” and “Plan” mean the plan established under section 3; (“Plan de conservation de la moraine d’Oak Ridges” ou “Plan”)

“official plan” has the same meaning as in the Planning Act; (“plan officiel”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“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”)

“regulations” means the regulations made under this Act; (“règlements”)

“zoning by-law” means a by-law passed under section 34 of the Planning Act. (“règlement municipal de zonage”) 2001, c. 31, s. 1 (1); 2002, c. 17, Sched. F, Table.

Predecessor provisions

(2) In this Act, a reference to a provision of the Planning Act or the Condominium Act, 1998 includes a reference to any predecessors of the provision. 2001, c. 31, s. 1 (2).

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

2002, c. 17, Sched. F, Table - 01/01/2003

Designation of Oak Ridges Moraine Area

2 (1) The following area of land is designated as the Oak Ridges Moraine Area:

1. The land designated as Part 1 on a plan entitled “Plan of the Boundary of the Oak Ridges Moraine Area” and filed on October 22, 2001 with the Office of the Surveyor General of Ontario. 2023, c. 22, Sched. 4, s. 1.

Public inspection

(2) Copies of the plan referred to in subsection (1) are available for public inspection at the offices of the Ministry of Municipal Affairs and Housing and the offices of the Ministry of Natural Resources and Forestry. 2023, c. 22, Sched. 4, s. 1.

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

2023, c. 22, Sched. 4, s. 1 - 06/12/2023

Oak Ridges Moraine Conservation Plan

Establishment of Plan

3 (1) The Minister may, by regulation, establish the Oak Ridges Moraine Conservation Plan for all or part of the Oak Ridges Moraine Area. 2001, c. 31, s. 3 (1).

Copies

(2) The Minister shall ensure that a copy of the Plan and of every amendment to it is filed,

(a) in the offices of the Ministry of Municipal Affairs and Housing; and

(b) with the clerk of each municipality that has jurisdiction in the Oak Ridges Moraine Area. 2001, c. 31, s. 3 (2).

Review

(3) The Minister shall ensure that a review of the Plan is carried out at the same time the review of the Greenbelt Plan is carried out under the Greenbelt Act, 2005 to determine whether the Plan should be revised. 2005, c. 1, s. 26 (1).

Natural core areas and natural linkage areas

(4) A review under subsection (3) shall not consider removing land from the natural core areas or the natural linkage areas. 2001, c. 31, s. 3 (4).

Consultation and public participation

(5) During a review under subsection (3), the Minister shall,

(a) consult with any affected ministries and public bodies;

(b) consult with the council of each municipality or with each municipal planning authority that has jurisdiction in the Oak Ridges Moraine Area; and

(c) ensure that the public is given an opportunity to participate in the review. 2001, c. 31, s. 3 (5).

Environmental Assessment Act

(6) For greater certainty, the 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 Plan applies. 2001, c. 31, s. 3 (6).

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

2005, c. 1, s. 26 (1) - 16/12/2004

Objectives

4 The objectives of the Oak Ridges Moraine Conservation Plan are,

(a) protecting the ecological and hydrological integrity of the Oak Ridges Moraine Area;

(b) ensuring that only land and resource uses that maintain, improve or restore the ecological and hydrological functions of the Oak Ridges Moraine Area are permitted;

(c) maintaining, improving or restoring all the elements that contribute to the ecological and hydrological functions of the Oak Ridges Moraine Area, including the quality and quantity of its water and its other resources;

(d) ensuring that the Oak Ridges Moraine Area is maintained as a continuous natural landform and environment for the benefit of present and future generations;

(e) providing for land and resource uses and development that are compatible with the other objectives of the Plan;

(f) providing for continued development within existing urban settlement areas and recognizing existing rural settlements;

(g) providing for a continuous recreational trail through the Oak Ridges Moraine Area that is accessible to all including persons with disabilities;

(h) providing for other public recreational access to the Oak Ridges Moraine Area; and

(i) any other prescribed objectives. 2001, c. 31, s. 4.

Contents of Plan

5 The Oak Ridges Moraine Conservation Plan may,

(a) set out land use designations for land to which the Plan applies;

(b) with respect to the areas affected by those land use designations,

(i) prohibit 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 in the Plan,

(ii) restrict or regulate the use of land or the erection, location and use of buildings or structures, and

(iii) set out policies relating to land and resource protection and land development;

(c) prohibit official plans and zoning by-laws from containing provisions with respect to specified matters that are more restrictive than those in the Plan; and

(d) specify matters for the purpose of clause (c). 2001, c. 31, s. 5.

Agreements

6 (1) For the purposes of achieving the objectives of the Oak Ridges Moraine Conservation Plan, the Minister or a municipality with jurisdiction in the Oak Ridges Moraine Area may enter into an agreement with any other person or public body, including but not limited to an agreement that provides for sharing the costs of implementing any feature of the Plan. 2001, c. 31, s. 6 (1).

Planning Act and Development Charges Act, 1997

(2) Subsection (1) is subject to the Planning Act and the Development Charges Act, 1997. 2001, c. 31, s. 6 (2).

Effect of Plan

7 (1) A decision that is made under 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 Oak Ridges Moraine Conservation Plan. 2001, c. 31, s. 7 (1); 2021, c. 4, Sched. 6, s. 71 (1).

Same

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

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

(b) pass a by-law for any purpose that conflicts with the Plan. 2001, c. 31, s. 7 (2).

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

2021, c. 4, Sched. 6, s. 71 (1) - 01/06/2021

Conflict

8 (1) Despite any other Act, the Oak Ridges Moraine Conservation Plan prevails in the case of conflict between the Plan and,

(a) an official plan;

(b) a zoning by-law; or

(c) a policy statement issued under section 3 of the Planning Act. 2001, c. 31, s. 8 (1).

Greater restriction not conflict

(2) Subject to clauses 5 (c) and (d), an official plan or zoning by-law does not conflict with the Plan to the extent that its provisions are more restrictive than those in the Plan. 2001, c. 31, s. 8 (2).

Official plan amendment

9 (1) On or before the day that is 12 months after the day the Oak Ridges Moraine Conservation Plan was filed under the Regulations Act, the regional municipalities of Peel, York and Durham shall each prepare and adopt an official plan amendment to implement the Plan. 2001, c. 31, s. 9 (1); 2006, c. 21, Sched. F, s. 122.

Same

(2) On or before the day that is 18 months after the filing date described in subsection (1), every other prescribed municipality or municipal planning authority shall prepare and adopt an official plan amendment to implement the Plan. 2001, c. 31, s. 9 (2).

Approval process

(3) Section 10 governs the approval process for each amendment required by subsections (1), (2) and (5). 2001, c. 31, s. 9 (3).

Exercise of municipal powers by Minister

(4) If a municipality or municipal planning authority fails to comply with subsection (1) or (2), the Minister may, on giving the municipality or municipal planning authority at least 30 days written notice of his or her intention to do so, exercise any of its powers under this Act or section 17 or 21 of the Planning Act. 2001, c. 31, s. 9 (4).

Amendment of zoning by-laws

(5) On or before the day that is 18 months after the filing date described in subsection (1), every single-tier municipality and lower-tier municipality shall prepare and pass a zoning by-law amendment to bring its zoning...