PART III GENERAL POWERS: LIMITS AND ADDITIONS
Site alteration
105 (1) This section applies to a city by-law with respect to prohibiting or regulating, (a) the placing or dumping of fill; (b) the removal of topsoil; or (c) the alteration of the grade of land.  2006, c. 11, Sched. A, s. 105 (1). Exemptions (2) The by-law does not apply to, (a) the placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; (a.1) the placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed under subsection 114 (11) as a condition to the approval of plans or drawings for a site plan control area; (b) the placing or dumping of fill, removal of topsoil or alteration of the grade of land imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the
Planning Act or as a requirement of an agreement entered into under that regulation; (c) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; (d) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the
Aggregate Resources Act; (e) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, (i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and (ii) on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act; (f) the placing or dumping of fill, removal of topsoil or alteration of the grade of land undertaken as an incidental part of drain construction under the Drainage Act or the Tile Drainage Act.  2006, c. 11, Sched. A, s. 105 (2); 2006, c. 32, Sched. B, s. 20. Exceptions (3) The by-law respecting the removal of topsoil does not apply to the removal of topsoil as an incidental part of a normal agricultural practice including such removal as an incidental part of sod-farming, greenhouse operations and nurseries for horticultural products.  2006, c. 11, Sched. A, s. 105 (3). Exclusion (4) The exception described in subsection (3) respecting the removal of topsoil as an incidental part of a normal agricultural practice does not include the removal of topsoil for sale, exchange or other disposition.  2006, c. 11, Sched. A, s. 105 (4). (5) Repealed: 2017, c. 10, Sched. 2, s. 7. Definition (6) In this section, “topsoil” means those horizons in a soil profile, commonly known as the “O” and the “A” horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat.  2006, c. 11, Sched. A, s. 105 (6). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. B, s. 20 - 01/01/2007 2017, c. 10, Sched. 2, s. 7 - 30/05/2017