Implementation
5.1 Status and effect
The Greenbelt Act, 2005 provides for the Greenbelt Plan to be approved by the Lieutenant Governor in Council. The Greenbelt Act, 2005 also requires that all decisions on planning applications shall conform with the policies in the Greenbelt Plan.
This Plan must be implemented in a manner that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights under section 35 of the Constitution Act, 1982. The Ontario government shall consult with First Nations and Métis communities on decisions concerning the use of Crown land and resources that may affect Aboriginal and treaty rights within the area of the Greenbelt Plan.
The Greenbelt Plan, including the Schedules, together with the text and commentary in sections 1 to 7, shall be read in its entirety and applied in each situation.
5.2 Transition
The Greenbelt Act, 2005 requires that decisions with respect to applications made under the Ontario Planning and Development Act, 1994, the Planning Act or the Condominium Act, 1998 which were commenced on or after December 16, 2004 (the date this Plan came into force) and relate to the areas in this Plan designated as Protected Countryside conform with all applicable policies of this Plan.
The Greenbelt Act, 2005 authorizes the Lieutenant Governor in Council to make regulations for various prescribed matters to address applications which were commenced prior to December 16, 2004 but for which no decision has been made and for other transitional matters, including the application of prescribed polices for applications made under the Ontario Planning and Development Act, 1994, the Planning Act or the Condominium Act, 1998 which were commenced before December 16, 2004. In addition to such regulations, the settlement area policies of section 3.4 of this Plan, as well as those within section 5, provide further direction on how this Plan applies to existing uses, matters in process and previous site-specific approvals.
Municipalities should consider the policies of the Greenbelt Plan, as appropriate, when processing applications that are not required to conform with this Plan.
5.2.1 Decisions on applications related to previous site-specific approvals
Where an official plan was amended prior to December 16, 2004 to specifically designate land use(s), this approval may continue to be recognized through the conformity exercise addressed in section 5.3 and any further applications required under the Planning Act or the Condominium Act, 1998 to implement the official plan approval are not required to conform with this Plan.
Where lands were added to the Protected Countryside in or after December 2022, and where an official plan was amended prior to the date such lands were added to the Protected Countryside to specifically designate land use(s), this approval may continue to be recognized through the conformity exercise addressed in section 5.3 and any further applications required under the Planning Act or the Condominium Act, 1998 to implement the official plan approval are not required to conform with this Plan.
Where a zoning by-law was amended prior to December 16, 2004 to specifically permit land use(s), this approval may continue to be recognized through the conformity exercise described in section 5.3, and any further applications required under the Planning Act or the Condominium Act, 1998 to implement the use permitted by the zoning by-law are not required to conform with this Plan.
Where lands were added to the Protected Countryside in or after December 2022, and where a zoning by-law was amended prior to the date such lands were added to the Protected Countryside to specifically permit land use(s), this approval may continue to be recognized through the conformity exercise addressed in section 5.3 and any further applications required under the Planning Act or the Condominium Act, 1998 to implement the use permitted by the zoning by-law are not required to conform with this Plan.
Applications to further amend the site-specific official plan or zoning by-law permissions referred to above for uses similar to or more in conformity with the provision of this Plan are also permitted. All such applications should, where possible, seek to achieve or improve conformity with this Plan.
5.3 Municipal implementation of protected countryside policies
The Greenbelt Act, 2005 provides two main avenues for implementation of the Greenbelt Plan. First, section 7 of the Greenbelt Act, 2005 requires municipal and other decisions under the Ontario Planning and Development Act, 1994, the Planning Act or the Condominium Act, 1998 to conform with the policies in the Greenbelt Plan. Second, section 9 of the Greenbelt Act, 2005 requires municipalities to amend their official plans to conform with the Greenbelt Plan.
Official plans shall contain policies that reflect the requirements of this Plan together with a map(s) showing the boundaries of the Greenbelt Area, the Protected Countryside, the Natural Heritage System and the agricultural land base. Municipalities shall provide a map showing known key natural heritage features and key hydrologic features and any associated minimum vegetation protection zones identified in this Plan. The identification of the Natural Heritage System boundary will form the basis for applying the policies of section 3.2.
Municipalities should also include a map of wellhead protection areas together with associated policies for these areas within their official plans as appropriate and in accordance with any provincial directives on source water protection.
Building on watershed planning, key hydrologic areas shall be identified and the appropriate designations and policies will be applied in official plans to provide for their long-term protection.
The Province, in collaboration with the municipalities, shall undertake an exercise to provide consistent identification, mapping and protection of the Agricultural System across the area of the Growth Plan, the Greenbelt Plan, the NEP and the ORMCP. Within the Protected Countryside, upper- and single-tier municipalities shall refine and augment official plan mapping to bring prime agricultural areas, including specialty crop areas, and rural lands into conformity with provincial mapping and implementation procedures. Until the province has completed mapping and the Agricultural System implementation procedures, municipalities shall continue to retain existing designations for prime agricultural areas within the Protected Countryside.
The agri-food network does not require land use designations in official plans. Municipalities are expected to provide policies to maintain and enhance the agri-food network and to identify the physical location of components of the agri-food network in collaboration with the Province. This work will assist with the long-term viability of the agri-food sector by planning for agriculture and the rural economy.
Despite the policies in the Greenbelt Plan, there is nothing in this Plan that limits the ability of decision-makers on planning matters to adopt policies that are more stringent than the requirements of the Plan, unless doing so would conflict with any of the policies or objectives of the Plan. With the exception of the policies of section 4.6, official plans and zoning by-laws shall not, however, contain provisions that are more restrictive than the policies of sections 3.1 and 4.3.2 as they apply to agricultural uses and mineral aggregate resources respectively.
It is intended that the numerical figures identified in this Plan be considered to be approximate and that, for the purposes of preparing official plans, zoning by-laws, subdivision approvals, site plan approvals, severances or building permits, minor deviations may be permitted without amendment to this Plan, provided that such deviations do not alter the intent of this Plan.
5.4 Boundaries, schedules and appendices
5.4.1 Boundary of the Greenbelt Plan
The boundary of the Greenbelt Plan, as shown on Schedules 1 to 4 of the Greenbelt Plan, is prescribed by Ontario Regulation 59/05, as provided by the Greenbelt Act, 2005.
The boundary of the Greenbelt Plan, as described in Ontario Regulation 59/05, provides the information for establishing the boundary on the ground by a Licensed Ontario Land Surveyor (under instructions from the Surveyor General for the Province of Ontario).
5.4.2 Boundaries internal to the Greenbelt Plan
Boundaries of the Natural Heritage System may be refined at the time of municipal conformity in accordance with the Natural Heritage System policies of section 3.2.2.5. No further refinements to the boundaries of the Natural Heritage System can occur after a municipality has made this one-time refinement.
Boundaries of prime agricultural areas and rural lands are as established in official plans, subject to section 5.3.
Boundaries of Towns/Villages are shown on the schedules of this Plan, but for detailed delineation and the boundaries of Hamlets, which are only shown as symbols, reference must be made to official plans.
Boundaries of key natural heritage features and key hydrologic features and any minimum vegetation protection zones identified in this Plan are to be shown in official plans. The detailed delineation of these features and zones can be undertaken by municipalities and/or conservation authorities when dealing with applications for development under the Planning Act or Condominium Act, 1998 or via a municipal zoning by-law update.
5.4.3 Schedules and appendices
The Greenbelt Plan contains four schedules identifying:
- The Greenbelt Area, the NEP Area, the Oak Ridges Moraine Area, the Urban River Valley Area and Protected Countryside Area (including Towns/Villages and Hamlets);
- The boundary of the Niagara Peninsula Tender Fruit and Grape Area;
- The boundary of the Holland Marsh; and
- The Natural Heritage System.
In addition, the Plan contains two maps in Appendices, for reference.
5.5 Plan review
Through the requirement for a 10-year review, the Province is ensuring that the Greenbelt Plan will remain relevant over time.
The 10-year review of the Greenbelt Plan will be co-ordinated with the reviews of the NEP and the ORMCP.
The purpose of the review is to assess the effectiveness of the policies contained in the Plan (using information gathered through the monitoring program and conducted through a public process) and make amendments, if appropriate, to update or include new information or improve the effectiveness and relevance of the policies.
5.6 Amendments to Greenbelt Plan and other provincial plans
Amendments to those areas of the Plan designated as Protected Countryside and Urban River Valley can only be proposed by the Minister of Municipal Affairs. Amendments are subject to the approval of the Lieutenant Governor in Council.
Amendments to the Plan shall not have the effect of reducing the total land area of the Greenbelt Plan.
Amendments could be considered outside the 10-year review in the following circumstances:
- There are major unforeseen circumstances or major new Provincial policy, legislation or regulation that creates the need for an amendment;
- The overall effectiveness and integrity of the Plan would be threatened if the amendment were deferred to the next 10-year review;
- The effectiveness and/or relevance of the Plan’s policies would be improved through an amendment; or
- For the purpose of extending Greenbelt Plan policy coverage to lands which may be added to the Greenbelt, including areas added as Protected Countryside or Urban River Valley.
Any provision in this Plan regarding the consideration of future amendments does not limit the ability of the Minister to propose any other amendments to the Plan.
Amendments to the NEP remain governed by, and are to be dealt in accordance with, the provisions of the Niagara Escarpment Planning and Development Act.
Amendments to the ORMCP remain governed by, and are to be dealt in accordance with, the Oak Ridges Moraine Conservation Act, 2001.
Amendments to the Parkway Belt West Plan remain governed by and are to be dealt in accordance with the Ontario Planning and Development Act, 1994, but are also subject to the policies of sections 2, 3.2 and 3.3 of this Plan.
5.6.1 Growing the Greenbelt
5.6.1.1 General
The Province shall continue to explore opportunities to grow the Greenbelt to uphold and strengthen the Province’s growth management strategy and provide additional protection to sensitive areas from development pressures.
5.6.1.2 Protected Countryside
The Province shall lead a process to identify potential areas to be added to the Protected Countryside of the Greenbelt, working with municipalities, conservation authorities and other key stakeholders. This identification shall build upon the systems approach of the Greenbelt Plan and consider the connections with the Agricultural, Natural Heritage and Water Resource Systems of the Plan. A focus shall be on areas of ecological and hydrological significance where urbanization should not occur.
Where determined these identified areas would benefit from Greenbelt protection, the Minister of Municipal Affairs may initiate amendments to the Greenbelt boundary regulation and Greenbelt Plan to grow the Greenbelt for these lands.
The Province shall also consider the addition of other publicly owned lands that support the objectives of the Greenbelt.
5.6.1.3 Urban River Valleys
The river valley corridors designated as Urban River Valley provide a foundation for additional public lands to be added to these areas in the Greenbelt in the future by amendment.
Urban River Valley areas were added to the Greenbelt after the Plan's initial approval in 2005. The addition of these major watercourses and coastal wetlands has reinforced the important linkages between the Greenbelt and Lake Ontario, as well as their connections to southern Ontario's broader regional natural heritage systems.
5.6.1.4 Municipal requests
The Province shall also consider requests from municipalities to grow the Greenbelt with the Protected Countryside and/or Urban River Valley designations. In considering municipal requests, the province shall be guided by criteria which were developed for municipalities through a public consultation process and released in 2008. These criteria include:
- providing supportive council resolutions
- demonstrating how the proposed lands connect physically or functionally to the Greenbelt
- demonstrating that a proposal would complement the Growth Plan and support other related provincial initiatives such as the Great Lakes Strategy and Climate Change Strategy and Action Plan
The Province shall consider requests from municipalities to add privately owned lands to areas designated as Urban River Valley where a municipality has endorsed by resolution the request of a property owner for their lands to be added to the Greenbelt and be subject to the policies of the Urban River Valley designation for publicly owned lands.
The Minister may initiate amendments to the Greenbelt boundary regulation and Greenbelt Plan to grow the Greenbelt based on a review of municipal submissions and the criteria.
5.7 Monitoring/performance measures
- The Province, in consultation with municipalities, other public bodies and stakeholders and First Nations and Métis communities, shall develop a set of performance indicators to measure the effectiveness of the policies in this Plan. The Province shall monitor the implementation of this Plan, including reviewing performance indicators concurrent with any review of this Plan.
- Municipalities shall monitor and report on the implementation of this Plan’s policies within their municipality, in accordance with any reporting requirements, data standards and any other guidelines that may be issued by the Province.
- The Province may require municipalities and conservation authorities to provide data and information to the Province, as collected in accordance with the policies of section 5.7.2, to demonstrate progress made towards the implementation of this Plan.
5.8 Greenbelt Council
The Greenbelt Act, 2005 requires that the Minister of Municipal Affairs appoint a Greenbelt Council to provide the Minister with advice on the Greenbelt. The Greenbelt Council is comprised of one or more members who are appointed by the Minister. Council provides advice on matters relating to the implementation of the Greenbelt Act, 2005 and Greenbelt Plan, any proposed amendments to the Greenbelt Plan and the ten-year review of the Greenbelt Plan.