jswizzle3737/ontario_laws_and_regs huggingface dataset:
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
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
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
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.
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.
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).
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
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).
11 (1) Any amendments to the Plan, (a)  shall be made in accordance with section 12; and (b)  shall conform with the objectives of the Plan set out in section 4.  2001, c. 31, s. 11 (1). Revocation (2) Subsections 12 (1), (5), (6) and (8) to (11) apply, with necessary modifications, to revocation of the Plan.  2001, c. 31, s. 11 (2).
13 (1) On being appointed under clause 10 (8) (b) or 12 (9) (b), the hearing officer shall, (a)  fix the time and place for the hearing; and (b)  require that notice, as specified by the hearing officer, be given to the prescribed persons and public bodies in the prescribed manner.  2001, c. 31, s. 13 (1). Rules of procedure (2) The hearing officer may make rules of procedure for the hearing.  2001, c. 31, s. 13 (2). Protection from personal liability (3) The 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.  2001, c. 31, s. 13 (3). Recommendations (4) The hearing officer shall prepare written recommendations, with reasons, recommending what action the Minister should take in accordance with clause 10 (8) (a) or 12 (9) (a), as the case may be, and shall give them to the Minister and to the parties to the hearing, within 30 days after the conclusion of the hearing.  2001, c. 31, s. 13 (4). Extension of time (5) The Minister may extend the 30-day period at the hearing officer’s request.  2001, c. 31, s. 13 (5). Minister’s decision (6) After considering the hearing officer’s recommendations and, if applicable, the written submissions received under clause 12 (5) (b) and any comments received under subsection 12 (6), the Minister may act in accordance with clause 10 (8) (a) or 12 (9) (a), as the case may be, and the Minister’s decision is final and not subject to appeal.  2001, c. 31, s. 13 (6).
14 (1) Nothing in this Act derogates from the Minister’s power to make an order under section 47 of the Planning Act with respect to land within the Oak Ridges Moraine Area.  2001, c. 31, s. 14 (1). Oak Ridges Moraine Conservation Plan and official plan (2) Despite subsection 7 (1), an order referred to in subsection (1) need not conform with the Oak Ridges Moraine Conservation Plan or with the relevant official plan.  2001, c. 31, s. 14 (2). Transitional Provisions, Regulations and Miscellaneous
16 The one-year period mentioned in subsection 53 (41) of the Planning Act shall be deemed to be 18 months in the case of an application for consent under section 53 of that Act if, (a)  the application relates to land described in section 1 of the former Act; (b)  the application is commenced during the 12-month period beginning on November 17, 2000; and (c)  approval of the application is conditional on a zoning by-law amendment being made.  2001, c. 31, s. 16.
17 (1) If a decision made under section 51 or 53 of the Planning Act or section 9 of the Condominium Act, 1998 with respect to land to which the Oak Ridges Moraine Conservation Plan applies is conditional on a further approval under either of those Acts, the decision on the application for the further approval shall be made in accordance with the same requirements of this Act that applied to the original decision.  2004, c. 9, s. 16 (2). Application of subs. (1) (2) Subsection (1) applies despite section 15.  2001, c. 31, s. 17 (2). Section Amendments with date in force (d/m/y) 2004, c. 9, s. 16 (2)
- 16/12/2003
18 (1) If a matter relating to land to which the Oak Ridges Moraine Conservation Plan applies is appealed to the Ontario Land Tribunal, the Minister may do one or both of the following: 1.  Amend the relevant official plan or zoning by-law with respect to the matter, by order. 2.  Notify the Tribunal that its consideration of the matter should be deferred. 2021, c. 4, Sched. 6, s. 71 (3). Stay (2) When the Minister gives notice under paragraph 2 of subsection (1), all steps in the appeal are stayed as of the date of the notice, until he or she gives a further notice to the Ontario Land Tribunal that the appeal may be continued.  2004, c. 9, s. 16 (3); 2021, c. 4, Sched. 6, s. 71 (4). Legislation Act, 2006, Part III (3) Orders and notices under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006.  2004, c. 9, s. 16 (3); 2006, c. 21, Sched. F, s. 136 (1). Minister’s decision (4) Orders and notices under this section are final and not subject to appeal.  2004, c. 9, s. 16 (3). Hearing officer (5) If the Minister has given notice under paragraph 2 of subsection (1), the Minister may, within 30 days after the giving of notice, appoint a hearing officer to conduct a hearing at which representations may be made respecting the matter that was stayed before the Ontario Land Tribunal.  2004, c. 9, s. 16 (3); 2021, c. 4, Sched. 6, s. 71 (1). Time and notice of hearing (6) 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.  2004, c. 9, s. 16 (3). Rules of procedures (7) The hearing officer may make rules of procedure for the hearing.  2004, c. 9, s. 16 (3). Hearing (8) The hearing officer shall conduct a hearing and make written recommendations, with reasons, to the Minister within 30 days after the conclusion of the hearing, recommending what action the Minister, with the approval of the Lieutenant Governor in Council, should take with respect to the matter, including making any decision that the Ontario Land Tribunal could have made with respect to the matter.  2004, c. 9, s. 16 (3); 2021, c. 4, Sched. 6, s. 71 (1). Protection from personal liability (9) The 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 any neglect or default in the execution in good faith of his or her duty.  2004, c. 9, s. 16 (3). Extension (10) The Minister may extend the 30-day period set out in subsection (8) at the hearing officer’s request.  2004, c. 9, s. 16 (3). Action by Minister with approval of L.G. in C. (11) The Minister may, with the approval of the Lieutenant Governor in Council, approve, modify or refuse to approve or modify all or part of the hearing officer’s recommendations.  2004, c. 9, s. 16 (3). Decision final (12) The decision under subsection (11) is final and not subject to appeal.  2004, c. 9, s. 16 (3). Section Amendments with date in force (d/m/y) 2004, c. 9, s. 16 (3)
- 16/12/2003 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2021, c. 4, Sched. 6, s. 71 (1, 3, 4) - 01/06/2021
19 (1) Despite their repeal by section 10 of the former Act, the following provisions of the former Act shall be deemed to continue to apply to any lands that may be prescribed: 1.  Subsections 2 (1) and (2). 2.  Subsections 3 (1) and (2). 3.  Section 4. 4.  Subsections 5 (1), (2), (3), (5), (6) and (7).  2001, c. 31, s. 19 (1). Repeal (2) Subsection (1) is repealed on a day to be named by proclamation of the Lieutenant Governor.  2001, c. 31, s. 19 (2). Continuation of matters (3) On the repeal of subsection (1), all applications, appeals, referrals, procedures and hearings that were deemed to continue to be stayed under that subsection are continued as if that subsection had never been enacted, and any time periods shall be calculated as if no time had passed between the day the matter was stayed under subsection (1) and the repeal of that subsection.  2001, c. 31, s. 19 (3). Same (4) If a regulation made for the purposes of subsection (1) is amended to remove land from the prescribed category, subsection (3) applies with respect to that land, with necessary modifications.  2001, c. 31, s. 19 (4). Section Amendments with date in force (d/m/y) 2001, c. 31, s. 19 (2)
- not in force
21 The Statutory Powers Procedure Act does not apply to anything done under this Act.  2001, c. 31, s. 21.
22 (1) The Lieutenant Governor in Council may, by regulation, (a)  Repealed: 2023, c. 22, Sched. 4, s. 3. (b)  prescribe matters for the purposes of subsection 7 (1); (c)  prescribe matters for the purposes of subsection 15 (2); (d)  prescribe land for the purposes of subsection 19 (1).  2001, c. 31, s. 22 (1); 2023, c. 22, Sched. 4, s. 3. Retroactivity (2) A regulation under clause (1) (a) may be made retroactive to a date no earlier than November 16, 2001.  2001, c. 31, s. 22 (2). Section Amendments with date in force (d/m/y) 2023, c. 22, Sched. 4, s. 3 - 06/12/2023
23 (1) The Minister may, by regulation, (a)  establish the Oak Ridges Moraine Conservation Plan; (b)  prescribe additional objectives for the Plan; (c)  revoke the Plan in accordance with subsection 11 (2); (d)  make amendments to the Plan in accordance with section 12; (e)  with respect to applications under subsection 12 (2), prescribe, (i)  persons and public bodies who may make applications, (ii)  circumstances under which prescribed persons and public bodies may make applications, (iii)  information and material to be included with applications, and (iv)  fees to be charged for processing applications and circumstances in which the amount of a fee may be reduced or its payment may be waived; (f)  require specified lower-tier municipalities and single-tier municipalities with jurisdiction in the Oak Ridges Moraine Area to pass by-laws under section 135 or 142, or both, of the Municipal Act, 2001 and specify the municipalities and the by-law provisions; (f.1)  prescribe powers that must be exercised by municipalities in making a by-law referred to in clause (f) that are additional to those powers set out in section 135 or 142 of the Municipal Act, 2001; (g)  make amendments to the Plan in respect of matters relating to land to which the Oak Ridges Moraine Conservation Plan applies that were appealed to the Ontario Municipal Board on or before November 16, 2001; (h)  prescribe provisions of the Plan for the purposes of subsection 15 (2); (i)  prescribe anything else that is referred to in this Act as being prescribed.  2001, c. 31, s. 23 (1); 2002, c. 17, Sched. F, Table; 2005, c. 1, s. 26 (3). Retroactivity (2) Regulations under clauses (1) (a) and (g) may be made retroactive to dates no earlier than November 16, 2001.  2001, c. 31, s. 23 (2). Same (3) A regulation under clause (1) (d) may be made retroactive to a date no earlier than the date of the proposal under subsection 12 (1) or the application under subsection 12 (2), as the case may be.  2001, c. 31, s. 23 (3). (4) Repealed: 
2002, c. 17, Sched. F, Table. Non-application of s. 12 (5) Despite clause 11 (1) (a), section 12 does not apply to amendments made under clause (1) (g).  2001, c. 31, s. 23 (5). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2005, c. 1, s. 26 (3)
- 16/12/2004
24 (1) Every person who contravenes a prohibition contained in the Oak Ridges Moraine Conservation Plan, fails to comply with a restriction contained in the Plan or fails to comply with an order made under subsection (5) is guilty of an offence.  2001, c. 31, s. 24 (1). Penalty, individual (2) An individual who is guilty of an offence described in subsection (1) is liable, on conviction, (a)  in the case of a first conviction, to a fine of not more than $25,000 for each day or part of a day on which the offence occurs or continues; and (b)  in the case of a subsequent conviction, to a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues.  2001, c. 31, s. 24 (2). Same, corporation (3) A corporation that is guilty of an offence described in subsection (1) is liable, on conviction, (a)  in the case of a first conviction, to a fine of not more than $50,000 for each day or part of a day on which the offence occurs or continues; and (b)  in the case of a subsequent conviction, to a fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues.  2001, c. 31, s. 24 (3). Directors, officers, employees and agents (4) If a corporation commits an offence described in subsection (1), a director, officer, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or failed to take all reasonable care to prevent the commission of the offence, or who participated in the commission of the offence, is also guilty of an offence under subsection (1), whether the corporation has been prosecuted for the offence or not.  2001, c. 31, s. 24 (4). Additional orders (5) The court that convicts a person under subsection (1) may, on its own initiative or on the motion of counsel for the prosecutor, make one or more of the following orders: 1.  An order requiring the person, within the period or periods specified in the order, to, i.  take specified action to prevent, decrease or eliminate any adverse effects on land to which the Plan applies, and ii.  comply with the Plan. 2.  An order imposing requirements that the court considers appropriate to prevent similar unlawful conduct or to contribute to the person’s rehabilitation. 3.  An order prohibiting the continuation or repetition of the offence by the person.  2001, c. 31, s. 24 (5). Other remedies and penalties preserved (6) Subsection (5) is in addition to any other remedy or penalty provided by law.  2001, c. 31, s. 24 (6). Limitation (7) A proceeding under subsection (1) shall not be commenced more than two years after the day on which the offence was alleged to have been committed.  2001, c. 31, s. 24 (7). Saving (8) For greater certainty, nothing in section 20 prevents a proceeding under subsection (1).  2001, c. 31, s. 24 (8).
25 In the event of conflict between this Act and any other general or special Act, this Act prevails.  2001, c. 31, s. 25.
26 Ontario Regulation 140/02 (Oak Ridges Moraine Conservation Plan) made under this Act is deemed to apply as though the amendments made by Ontario Regulation 568/22 had not been made. 2023, c. 22, Sched. 4, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 22, Sched. 4, s. 4 - 06/12/2023 27 Omitted (enacts short title of this Act).  2001, c. 31, s. 27. ______________  Français