jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, “Greenbelt Area” means the area of land designated under section 2; (“zone de la ceinture de verdure”) “Greenbelt Plan” means the plan established under section 3; (“Plan de la ceinture de verdure”) “Greenbelt Plan Amendment No. 3” means the amendment to the Greenbelt Plan approved by Order in Council number 1745/2022, made on December 14, 2022 by the Lieutenant Governor in Council under this Act; (“modification no 3 du Plan de la ceinture de verdure”) “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”) “Niagara Escarpment Plan” means the plan established under section 3 of the Niagara Escarpment Planning and Development Act; (“Plan d’aménagement de l’escarpement du Niagara”) “Oak Ridges Moraine Conservation Plan” means the plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001; (“Plan de conservation de la moraine d’Oak Ridges”) “prescribed” means prescribed by regulations made under this Act; (“prescrit”) “Protected Countryside” means the areas designated as Protected Countryside in the Greenbelt Plan; (“campagne protégée”) “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”) 2005, c. 1, s. 1 (1); 2009, c. 12, Sched. L, s. 5; 2023, c. 22, Sched. 2, s. 1. References (2) A reference in this Act to a provision of the Planning Act or the Condominium Act, 1998 includes a reference to any predecessor of that provision.  2005, c. 1, s. 1 (2). Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 5 - 14/05/2009 2023, c. 22, Sched. 2, s. 1 - 06/12/2023
3 (1) The Lieutenant Governor in Council may establish the Greenbelt Plan for all or part of the Greenbelt Area.  2005, c. 1, s. 3 (1). Copies (2) The Minister shall ensure that a copy of the Greenbelt Plan and of every amendment to it is filed, (a)  in the offices of the Ministry of Municipal Affairs and Housing; (b)  with the clerk of each municipality that has jurisdiction in the Greenbelt Area; (c)  in the offices of the Ministry of Natural Resources; and (d)  in the offices of the Niagara Escarpment Commission.  2005, c. 1, s. 3 (2). Not an undertaking (3) The Greenbelt 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 Greenbelt Plan applies.  2005, c. 1, s. 3 (3). Not a regulation (4) The Greenbelt Plan is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2005, c. 1, s. 3 (4); 2006, c. 21, Sched. F, s. 136 (1). Retroactive operation (5) The Greenbelt Plan takes effect on the date specified in it which may be retroactive to a date no earlier than December 16, 2004.  2005, c. 1, s. 3 (5). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
4 Subject to clause 22 (1) (c), nothing in this Act derogates from the provisions of the Oak Ridges Moraine Conservation Act, 2001 or the Niagara Escarpment Planning and Development Act in respect of applications, matters or proceedings relating to the Oak Ridges Moraine Conservation Plan or the Niagara Escarpment Plan.  2005, c. 1, s. 4; 2009, c. 12, Sched. L, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 5 - 14/05/2009
5 The objectives of the Greenbelt Plan are, (a)  to establish a network of countryside and open space areas which supports the Oak Ridges Moraine and the Niagara Escarpment; (b)  to sustain the countryside, rural and small towns and contribute to the economic viability of farming communities; (c)  to preserve agricultural land as a continuing commercial source of food and employment; (d)  to recognize the critical importance of the agriculture sector to the regional economy; (e)  to provide protection to the land base needed to maintain, restore and improve the ecological and hydrological functions of the Greenbelt Area; (f)  to promote connections between lakes and the Oak Ridges Moraine and Niagara Escarpment; (g)  to provide open space and recreational, tourism and cultural heritage opportunities to support the social needs of a rapidly expanding and increasingly urbanized population; (h)  to promote linkages between ecosystems and provincial parks or public lands; (i)  to control urbanization of the lands to which the Greenbelt Plan applies; (j)  to ensure that the development of transportation and infrastructure proceeds in an environmentally sensitive manner; (k)  to promote sustainable resource use; (l)  any other prescribed objectives.  2005, c. 1, s. 5.
6 (1) The Greenbelt Plan may set out policies with respect to the lands to which the Greenbelt Plan applies, including, (a)  land use designations; (b)  policies to support co-ordination of planning and development programs of the various ministries of the Government of Ontario; (c)  policies to support co-ordination of planning and development among municipalities; and (d)  policies with respect to transitional matters that may arise in the implementation of the Greenbelt Plan.  2005, c. 1, s. 6 (1). Same (2) The Greenbelt Plan may set out policies with respect to the areas designated by it as Protected Countryside, including, (a)  policies prohibiting 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; (b)  policies restricting or regulating the use of land or the erection, location and use of buildings or structures; (c)  policies relating to land and resource protection and land development; and (d)  policies for the economic and physical development of the land including, (i)  the management of land and water resources, (ii)  the development of major servicing, communication and transportation systems, (iii)  the identification of major land use areas and the provision of major parks and open space, and (iv)  the development of cultural, recreational and tourism facilities; (e)  policies, (i)  prohibiting official plans and zoning by-laws from containing provisions that relate to specified matters and are more restrictive than the provisions relating to such matters that are contained in the Greenbelt Plan, and (ii)  specifying matters referred to in subclause (i); (f)  land use policies to support the long-term viability of agriculture in the Protected Countryside; and (g)  such other policies as may be prescribed.  2005, c. 1, s. 6 (2).
7 (1) A decision that is made under the Ontario Planning and Development Act, 1994, 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 Greenbelt Plan.  2005, c. 1, s. 7 (1); 2021, c. 4, Sched. 6, s. 51 (1). Limitation (2) Subsection (1) does not apply to a policy statement issued under section 3 of the Planning Act.  2005, c. 1, s. 7 (2). Actions to conform to plan (3) Despite any other Act, no municipality or municipal planning authority shall, within the areas to which the Greenbelt Plan applies, (a)  undertake any public work, improvement of a structural nature or other undertaking that conflicts with the Greenbelt Plan; or (b)  pass a by-law for any purpose that conflicts with the Greenbelt Plan.  2005, c. 1, s. 7 (3). Comments, advice (4) Comments, submissions or advice provided by a minister of the Crown, a ministry, board, commission or agency of the Government of Ontario or a conservation authority established under section 3 of the Conservation Authorities Act that affect a planning matter relating to lands to which the Greenbelt Plan applies shall conform with the Greenbelt Plan.  2005, c. 1, s. 7 (4). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 6, s. 51 (1) - 01/06/2021
8 (1) Despite any other Act, the Greenbelt Plan prevails in the case of a conflict between the Greenbelt Plan and, (a)  an official plan; (b)  a zoning by-law; or (c)  a policy statement issued under section 3 of the Planning Act.  2005, c. 1, s. 8 (1). Same (2) Despite any other Act, if there is a conflict between the Greenbelt Plan and either the Oak Ridges Moraine Conservation Plan or the Niagara Escarpment Plan, the Oak Ridges Moraine Conservation Plan or the Niagara Escarpment Plan, as the case may be, prevails over the Greenbelt Plan in its area of application.  2005, c. 1, s. 8 (2); 2009, c. 12, Sched. L, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 5 - 14/05/2009
9 (1) The council of a municipality or a municipal planning authority located within any of the areas designated as Protected Countryside in the Greenbelt Plan shall amend every official plan to conform with the Greenbelt Plan, (a)  no later than the date the council is required to revise an official plan in accordance with subsection 26 (1) of the Planning Act, if the Minister does not direct the council to make the amendments on or before a specified date; or (b)  no later than the day specified by the Minister, if the Minister directs the council to make the amendments on or before a specified date.  2005, c. 1, s. 9 (1); 2006, c. 23, s. 32. Same (2) For the purposes of subsection (1), a provision in an official plan that relates to a matter specified under subclause 6 (2) (e) (ii) does not conform with the Greenbelt Plan if it exceeds the requirements of the Greenbelt Plan or is more restrictive than a provision in the Greenbelt Plan.  2005, c. 1, s. 9 (2). Section Amendments with date in force (d/m/y) 2006, c. 23, s. 32
- 01/01/2007
10 (1) The Minister shall, in conjunction with the reviews carried on under section 17 of the Niagara Escarpment Planning and Development Act and under section 3 of the Oak Ridges Moraine Conservation Act, 2001, ensure that a review of the Greenbelt Plan is carried out every 10 years after the date the Greenbelt Plan comes into force to determine whether it should be revised.  2005, c. 1, s. 10 (1). Consultation and public participation (2) During a review under subsection (1), the Minister shall, (a)  consult with any affected public bodies, including the Ministry of Natural Resources and the Niagara Escarpment Commission and the Greenbelt Council established under section 15; (b)  consult with the council of each municipality or with each municipal planning authority that has jurisdiction in the Greenbelt Area; and (c)  ensure that the public is given an opportunity to participate in the review.  2005, c. 1, s. 10 (2).
11 (1) The Minister may, in respect of the areas designated as Protected Countryside in the Greenbelt Plan, propose amendments to the Greenbelt Plan.  2005, c. 1, s. 11 (1). Notice (2) If an amendment to the Greenbelt Plan is proposed under subsection (1), the Minister shall ensure that notice of the proposal is given in the prescribed manner, (a)  to each municipality or municipal planning authority that has jurisdiction in the Greenbelt Area to which the amendment would apply or in any abutting area; and (b)  to any other prescribed person or public body.  2005, c. 1, s. 11 (2). Written submissions (3) The notice shall contain an invitation to make written submissions on the amendment within the period of time specified by the Minister in the notice.  2005, c. 1, s. 11 (3). Consultation and public participation (4) If an amendment is proposed under subsection (1), the Minister shall, (a)  consult with any affected public bodies, including the Ministry of Natural Resources and the Niagara Escarpment Commission and the Greenbelt Council established under section 15; (b)  consult with the council of each municipality or with each municipal planning authority that has jurisdiction in the Greenbelt Area; and (c)  ensure that the public is given an opportunity to comment on the proposed amendment.  2005, c. 1, s. 11 (4).
12 (1) The Minister may, after considering any written submissions received under subsection 11 (3) and the results of any consultation under subsection 11 (4), (a)  recommend that the proposed amendment, in whole or in part, with such modifications as the Minister considers appropriate, be approved by the Lieutenant Governor in Council; or (b)  appoint a hearing officer to conduct a hearing with respect to the proposed amendment and make a written report on it.  2005, c. 1, s. 12 (1). Limitation (2) The Minister shall not recommend a proposed amendment under clause (1) (a) if the proposed amendment has the effect of reducing the total land area within the Greenbelt Plan.  2005, c. 1, s. 12 (2).
13 (1) If a hearing officer is appointed under subsection 12 (1), the hearing officer shall fix the time and place for the hearing and give notice of the hearing in the prescribed manner and to the prescribed persons and public bodies.  2005, c. 1, s. 13 (1). Time of hearing (2) At least 30 days notice shall be given before the hearing is held.  2005, c. 1, s. 13 (2). Procedures (3) The hearing officer may adopt rules of procedure for the hearing.  2005, c. 1, s. 13 (3). Protection from personal liability (4) A hearing officer is not personally liable for anything done by him or her in good faith in the execution of his or her duty under this Act or for any neglect or default in the execution in good faith of his or her duty.  2005, c. 1, s. 13 (4). Report (5) Not more than 30 days after the conclusion of the hearing or within such extended time as the Minister determines, the hearing officer shall make a written report to the Minister and to the prescribed persons and public bodies recommending whether the Lieutenant Governor in Council should approve the proposed amendment, in whole or in part, make modifications and approve the amendment as modified or refuse the proposed amendment, in whole or in part, and giving reasons for the recommendation.  2005, c. 1, s. 13 (5). Recommendation to L.G. in C. (6) The Minister, upon receiving the written report of the hearing officer, shall consider the report and shall submit it to the Lieutenant Governor in Council with such recommendations in respect of the proposed amendment as the Minister considers appropriate, which recommendations may vary from those set out in the report of the hearing officer.  2005, c. 1, s. 13 (6). Limitation (7) The Minister shall not recommend a proposed amendment under subsection (6) if the proposed amendment has the effect of reducing the total land area within the Greenbelt Plan.  2005, c. 1, s. 13 (7).
14 (1) After considering the recommendations under section 12 or 13, the Lieutenant Governor in Council may approve the proposed amendment, in whole or in part, make modifications and approve the amendment as modified or refuse the amendment, in whole or in part.  2005, c. 1, s. 14 (1). Decision final (2) The decision under subsection (1) is final and not subject to appeal.  2005, c. 1, s. 14 (2). Notice of decision (3) The Minister shall forward a copy of the decision made under subsection (1) to the clerk of each municipality or secretary-treasurer of each municipal planning authority that has jurisdiction in the area covered by the proposed amendment, the parties to the hearing and such other persons or public bodies as the Minister may determine.  2005, c. 1, s. 14 (3).
14.1 The Greenbelt Plan is deemed to provide that, (a)  the lands designated as Parts 1 to 20, both inclusive, on a plan entitled “Plan of the Boundary of the 2022 Protected Countryside Removals” dated December 12, 2022 and filed on that date with the Office of the Surveyor General of Ontario are designated as Protected Countryside; (b)  the lands referred to in clause (a) that were, on December 13, 2022, part of the Natural Heritage System of the Greenbelt Plan are identified as part of the Natural Heritage System of the Greenbelt Plan; (c)  the lands designated as Parts 19 and 20 on a plan entitled “Plan of the Boundary of the 2022 Protected Countryside Removals” dated December 12, 2022 and filed on that date with the Office of the Surveyor General of Ontario are identified as Niagara Peninsula Tender Fruit and Grape Area; and (d)  the lands in the Protected Countryside that were identified as Towns/Villages by the Greenbelt Plan after Greenbelt Plan Amendment No. 3 came into effect but had been identified as Niagara Peninsula Tender Fruit and Grape Area before that amendment came into effect are identified as Niagara Peninsula Tender Fruit and Grape Area. 2023, c. 22, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2023, c. 22, Sched. 2, s. 3 - 06/12/2023
15 (1)  The Minister shall establish a council to be known in English as the Greenbelt Council and in French as Conseil de la ceinture de verdure.  2005, c. 1, s. 15 (1). Same (2) The Minister may appoint one or more persons to the Council and fix the terms of reference of the Council.  2005, c. 1, s. 15 (2). Functions (3) The Council shall advise the Minister on matters relating to this Act and perform such other functions as may be specified by the Minister.  2005, c. 1, s. 15 (3).
16 (1) The Minister may make orders exercising any of the powers conferred upon the Minister under section 47 of the Planning Act in respect of the areas designated as Protected Countryside in the Greenbelt Plan.  2005, c. 1, s. 16 (1). Same (2) Section 3 of the Planning Act and section 7 of this Act do not apply to an order under subsection (1) and an order need not conform to an official plan in effect in the area covered by the order.  2005, c. 1, s. 16 (2). Same (3) Nothing in this Act derogates from the power of the Minister to make an order under section 47 of the Planning Act in respect of the areas designated as Protected Countryside in the Greenbelt Plan.  2005, c. 1, s. 16 (3).
17 (1) Nothing in this Act derogates from the power of the Minister to make a plan or an amendment to a plan under the Ontario Planning and Development Act, 1994
even if the Greenbelt Plan is in effect in the area to be covered by the plan.  2005, c. 1, s. 17 (1). Application (2) Section 3 of the Planning Act and section 7 of this Act do not apply to a plan under the Ontario Planning and Development Act, 1994 made or amended by the Minister under subsection (1) and such a plan need not conform to an official plan in effect in the area in which the plan applies.  2005, c. 1, s. 17 (2).
19.1 The agreement dated November 3, 2022 between Minotar Holdings Inc. and His Majesty the King in Right of Ontario as represented by the Minister of Municipal Affairs and Housing respecting the settlement of the Superior Court of Justice proceeding commenced at Newmarket and identified as Court File number CV-17-131956-00 is terminated on the day the Greenbelt Statute Law Amendment Act, 2023 receives Royal Assent. 2023, c. 22, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 22, Sched. 2, s. 4 - 06/12/2023
20 In the event of conflict between this Act and any other Act, this Act prevails.  2005, c. 1, s. 20.
21 The Statutory Powers Procedure Act does not apply to anything done under this Act.  2005, c. 1, s. 21.
22 (1) The Lieutenant Governor in Council may, by regulation, (a)  prescribe additional objectives for the Greenbelt Plan; (b)  prescribe policies for the purposes of clause 6 (2) (g); (c)  despite any other Act, vary, supplement or override any provision in the Oak Ridges Moraine Conservation Plan or the Niagara Escarpment Plan in order to facilitate the effective operation of the Greenbelt Plan; (d)  prescribe applications, matters or proceedings for the purposes of subsections 24 (1) and (3) and prescribe policies for the purposes of subsection 24 (3).  2005, c. 1, s. 22 (1); 2009, c. 12, Sched. L, s. 5. Retroactivity (2) A regulation made under this section may be retroactive to a date no earlier than December 16, 2004.  2005, c. 1, s. 22 (2). Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 5 - 14/05/2009
23 (1) The Minister may, by regulation,  (a)  require municipalities within the areas designated as Protected Countryside in the Greenbelt Plan to pass by-laws referred to in section 135 or 142, or both, of the Municipal Act, 2001
or in section 104 or 105, or both, of the City of Toronto Act, 2006 and specify the municipalities and the by-law provisions; (b)  prescribe powers that must be exercised by municipalities in making a by-law referred to in clause (a) that are additional to those powers referred to in section 135 or 142 of the Municipal Act, 2001 or section 104 or 105 of the City of Toronto Act, 2006; (c)  prescribe anything that is referred to in this Act as being prescribed, other than those matters described in section 22.  2006, c. 32, Sched. C, s. 22. Retroactivity (2) A regulation made under clause (1) (c) may be retroactive to a date no earlier than December 16, 2004.  2005, c. 1, s. 23 (2). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. C, s. 22 - 01/01/2007