Duffins Rouge Agricultural Preserve Repeal Act, 2022, S.O. 2022, c. 24, Sched. 2

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Duffins Rouge Agricultural Preserve Repeal Act, 2022

S.o. 2022, chapter 24
Schedule 2

Note: This Act was repealed on December 6, 2023. (See: 2023, c. 22, Sched. 1, s. 4)

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

Legislative History: 2023, c. 22, Sched. 1, s. 4.

Definition

1 In this Act,

“DRAPA easement or covenant” means an easement or covenant that is described in subsection 2 (1) of the Duffins Rouge Agricultural Preserve Act, 2005, as it read immediately before its repeal.

Effect of repeal on DRAPA easement or covenant

2 Every DRAPA easement or covenant is deemed to have the legal effect it would have had if subsection 2 (1) of the Duffins Rouge Agricultural Preserve Act, 2005 had never been in effect.

Interaction with Conservation Land Act

3 (1) Subsections 3 (4.2), (4.3) and (4.4) of the Conservation Land Act do not apply to a DRAPA easement or covenant.

Notices

(2) Any notice that was registered under the Conservation Land Act in accordance with subsection 2 (2) of the Duffins Rouge Agricultural Preserve Act, 2005, before the day the Duffins Rouge Agricultural Preserve Act, 2005 was repealed, against land affected by a DRAPA easement or covenant is of no effect as of the day this section comes into force.

No cause of action

4 (1) No cause of action arises as a direct or indirect result of,

(a) the enactment, amendment or repeal of any provision of this Act or of the Duffins Rouge Agricultural Preserve Act, 2005;

(b) the making, amending or revoking of any provision of a regulation under this Act; or

(c) anything done or not done in accordance with,

(i) any provision of this Act or of the Duffins Rouge Agricultural Preserve Act, 2005, or

(ii) any provision of a regulation made under this Act.

Proceedings barred

(2) No proceeding, including but not limited to any proceeding for a remedy in contract, restitution, tort, misfeasance, bad faith, trust or fiduciary obligation, and any remedy under any statute, that is based on a cause of action described in subsection (1) may be brought or maintained against any person, including,

(a) the Crown and its current and former employees, officers and agents;

(b) current and former members of the Executive Council;

(c) conservation bodies as defined in subsection 3 (1) of the Conservation Land Act and their current and former employees, officers and agents.

Application of subs. (2)

(3) Subject to subsection (6), subsection (2) applies to any proceeding, including any court, administrative or arbitral proceeding, claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages or any other remedy or relief, and includes a proceeding to enforce a judgment or order made by a court or tribunal outside of Canada.

Temporal application

(4) Subsections (1) and (2) apply regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the day this section comes into force.

Proceedings set aside

(5) Any proceeding referred to in subsection (2) that was commenced before the day this section comes into force shall be deemed to have been dismissed, without costs, on the day this section comes into force.

Exception — judicial review

(6) Subsections (1) and (2) do not apply to prevent an application for judicial review.

No expropriation or injurious affection

(7) Nothing referred to in subsection (1) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

Not entitled to be compensated

(8) Despite any other Act or law, no person is entitled to compensation for any loss or damages, including loss of revenues, loss of profit or loss of expected earnings or denial or reduction of compensation that would otherwise have been payable to any person, arising from anything referred to in subsection (1).

Regulations

5 The Lieutenant Governor in Council may make regulations governing any transitional matters that may arise in connection with the enactment of this Act or the repeal of the Duffins Rouge Agricultural Preserve Act, 2005, which may include the impact of the enactment or repeal on a DRAPA easement or covenant.

6 Omitted (amends, repeals or revokes other legislation).

7 Omitted (provides for coming into force of provisions of this Act).

8 Omitted (enacts short title of this Act).

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