39 (1) A decision under the Planning Act or the Condominium Act, 1998 made by a municipal council, municipal planning authority, planning board, other local board, minister of the Crown or ministry, board, commission or agency of the Government of Ontario, including the Ontario Land Tribunal, that relates to the source protection area shall, (a)  conform with significant threat policies and designated Great Lakes policies set out in the source protection plan; and (b)  have regard to other policies set out in the source protection plan. 2006, c. 22, s. 39 (1); 2021, c. 4, Sched. 6, s. 38 (2). Conflicts re official plans, by-laws (2) Despite any other Act, the source protection plan prevails in the case of conflict between a significant threat policy or designated Great Lakes policy set out in the source protection plan and, (a)  an official plan; (b)  a zoning by-law; or (c)  subject to subsection (4), a policy statement issued under section 3 of the Planning Act. 2006, c. 22, s. 39 (2). Limitation (3) Subsection (1) does not apply to a policy statement issued under section 3 of the Planning Act
or a minister’s order under section 47 of the Planning Act. 2006, c. 22, s. 39 (3). Conflicts re provisions in plans, policies (4) Despite any Act, but subject to a regulation made under clause 109 (1) (h), (i) or (j), if there is a conflict between a provision of a significant threat policy or designated Great Lakes policy set out in the source protection plan and a provision in a plan or policy that is mentioned in subsection (5), the provision that provides the greatest protection to the quality and quantity of any water that is or may be used as a source of drinking water prevails. 2006, c. 22, s. 39 (4). Plans or policies (5) The plans and policies to which subsection (4) refers are, (a)  a policy statement issued under section 3 of the Planning Act; (b)  the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005 and any amendment to the Plan; (c)  the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act and any amendment to the Plan; (d)  the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001 and any amendment to the Plan; (e)  a growth plan approved under section 7 of the Places to Grow Act, 2005 and any amendment to the plan; (f)  a plan or policy made under a provision of an Act that is prescribed by the regulations; and (g)  a plan or policy prescribed by the regulations, or provisions prescribed by the regulations of a plan or policy, that is made by the Lieutenant Governor in Council, a minister of the Crown, a ministry or a board, commission or agency of the Government of Ontario. 2006, c. 22, s. 39 (5); 2009, c. 12, Sched. L, s. 1. Actions to conform to plan (6) Despite any other Act, no municipality or municipal planning authority shall, (a)  undertake within the source protection area any public work, improvement of a structural nature or other undertaking that conflicts with a significant threat policy or designated Great Lakes policy set out in the source protection plan; or (b)  pass a by-law for any purpose that conflicts with a significant threat policy or designated Great Lakes policy set out in the source protection plan. 2006, c. 22, s. 39 (6). Prescribed instruments (7) Subject to a regulation made under clause 109 (1) (k), (l) or (m), a decision to issue, otherwise create or amend a prescribed instrument shall, (a)  conform with significant threat policies and designated Great Lakes policies set out in the source protection plan; and (b)  have regard to other policies set out in the source protection plan. 2006, c. 22, s. 39 (7). No authority (8) Subsection (7) does not permit or require a person or body, (a)  to issue or otherwise create an instrument that it does not otherwise have authority to issue or otherwise create; or (b)  to make amendments that it does not otherwise have authority to make. 2006, c. 22, s. 39 (8). Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 1 - 14/05/2009 2021, c. 4, Sched. 6, s. 38 (2) - 01/06/2021