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Oak Ridges Moraine Conservation Act, 2001

ONTARIO REGULATION 140/02

oak ridges moraine conservation plan

Consolidation Period: From May 18, 2017 to the e-Laws currency date.

Last amendment: O. Reg. 141/17.

This is the English version of a bilingual regulation.

CONTENTS

PART I
GENERAL

1.

Plan

2.

Application

3.

Definitions

4.

Date of commencement of application

5.

Prohibition

6.

Existing uses, buildings and structures

7.

Previously authorized single dwelling

8.

Building or structure previously authorized or authorized under subs. 17 (1) of Act

9.

Exception, site plan approval

PART II
LAND USE DESIGNATIONS

10.

Division of Plan Area, land use designations

11.

Natural Core Areas

12.

Natural Linkage Areas

13.

Countryside Areas

14.

Residential development in certain parts of Countryside Areas

15.

New lots in Countryside Areas

16.

Plans of subdivision, site plan approval and lot creation in Countryside Areas

17.

Previously authorized uses, buildings and structures in Countryside Areas

18.

Settlement Areas

PART III
PROTECTING ECOLOGICAL AND HYDROLOGICAL INTEGRITY

19.

Purpose and application

20.

Supporting connectivity

21.

Minimum area of influence and minimum vegetation protection zone

Key Natural Heritage Features

22.

Key natural heritage features

23.

Natural heritage evaluation

Hydrological Features

24.

Watershed plans

25.

Water budgets and conservation plans

26.

Hydrologically sensitive features

27.

Subwatersheds

28.

Wellhead protection areas

29.

Areas of high aquifer vulnerability

Landform Conservation Areas

30.

Landform conservation areas

PART IV
SPECIFIC LAND USE POLICIES

31.

Application

32.

Lot creation

33.

Restriction re agricultural uses, mineral aggregate operations, wayside pits

34.

Uses accessory to agricultural uses

34.

Compatible uses

35.

Mineral aggregate operations and wayside pits

36.

Comprehensive rehabilitation plans

36.1

Excess soil and fill

37.

Low-intensity recreational uses

38.

Major recreational uses

39.

Trail system

40.

Small-scale commercial, industrial and institutional uses

41.

Transportation, infrastructure and utilities

42.

Official plan provisions, wellhead protection areas, areas of high aquifer vulnerability

43.

Sewage and water services

44.

Partial services

45.

Stormwater management

46.

Stormwater management plans

47.

Rapid infiltration basins and columns

47.1

Waste disposal sites, etc.

PART V
PRESCRIBED PROVISIONS

48.

Prescribed provisions, subs. 15 (2) of Act

 

PART I
GENERAL

Plan

1. In this Regulation,

“Plan” means the Oak Ridges Moraine Conservation Plan.  O. Reg. 140/02, s. 1.

Application

2. (1) This Plan applies to the area shown as the Oak Ridges Moraine Conservation Plan Area on the map entitled “Oak Ridges Moraine Conservation Plan Land Use Designation Map”, numbered 208, dated April 17, 2002 and on file in the offices of the Ministry of Municipal Affairs and Housing at Toronto.  O. Reg. 140/02, s. 2 (1).

Note: On July 1, 2017, subsection 2 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 1 (1))

Application

(1) This Plan applies to the area shown as the Oak Ridges Moraine Conservation Plan Area on the map entitled “Oak Ridges Moraine Conservation Plan Land Use Designation Map”, numbered 227, dated May 5, 2017 and on file in the offices of the Ministry of Municipal Affairs at Toronto. O. Reg. 141/17, s. 1 (1).

(2) Copies of the land use designation map referred to in subsection (1) are available for public inspection,

(a) at the government information office located at the Macdonald Block at 900 Bay Street, Toronto; and

(b) at the Ministry of Natural Resources district offices located at,

(i) 50 Bloomington Road West, Aurora, and

(ii) 300 Water Street, Peterborough.  O. Reg. 140/02, s. 2 (2).

Note: On July 1, 2017, subsection 2 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 1 (2))

(2) The land use designation map referred to in subsection (1) is available to the public on a website maintained by the Government of Ontario. O. Reg. 141/17, s. 1 (2).

(3) The land use designation map referred to in subsection (1) is also posted on the internet at www.mah.gov.on.ca/oakridgesmoraine/land_use_full-e.asp.  O. Reg. 140/02, s. 2 (3).

Note: On July 1, 2017, subsection 2 (3) of the Regulation is revoked. (See: O. Reg. 141/17, s. 1 (2))

(4) Despite subsection (1), along the part of the southern boundary of the Plan Area that lies between UTM T2034 and UTM T1266 as shown on the plan referred to in subsection 1 (1) of Ontario Regulation 1/02, land is in the Plan Area if,

(a) it is above the contour of elevation 245.00 Canadian Geodetic Vertical Datum 1928 (GDVD28); and

(b) it is within the Oak Ridges Moraine Area as designated by Ontario Regulation 1/02.  O. Reg. 140/02, s. 2 (4).

Definitions

3. (1) In this Plan,

“accessory use” means a use of land, buildings or structures that is normally incidental or subordinate to the principal use, building or structure located on the same lot;

“adverse effect” means any impairment, disruption, destruction or harmful alteration;

Note: On July 1, 2017, the definition of “adverse effect” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (1))

“adverse effect” means any impairment, disruption, destruction or harmful alteration and “adversely affect” has a corresponding meaning;

“adversely affect” means to have an adverse effect on;

Note: On July 1, 2017, the definition of “adversely affect” in section 3 of the Regulation is revoked. (See: O. Reg. 141/17, s. 2 (1))

“agricultural uses” means,

(a) growing crops, including nursery and horticultural crops,

(b) raising livestock and other animals, including poultry and fish, for food and fur,

(c) aquaculture, and

(d) agro-forestry and maple syrup production;

Note: On July 1, 2017, the definition of “agricultural uses” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (2))

“agricultural uses” means,

(a) growing crops, including nursery, biomass and horticultural crops,

(b) raising livestock and other animals, including poultry and fish, for food, fur or fibre,

(c) aquaculture,

(d) apiculture,

(e) agro-forestry and maple syrup production, and

(f) uses associated with on-farm buildings and structures including,

(i) livestock facilities,

(ii) manure storage structures,

(iii) value-retaining facilities, and

(iv) accommodations for full-time farm labour;

“agriculture-related uses” means commercial and industrial uses that are,

(a) small-scale,

(b) directly related to a farm operation, and

(c) required in close proximity to the farm operation;

Note: On July 1, 2017, the definition of “agriculture-related uses” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (2))

“agriculture-related uses” means farm-related commercial and industrial uses that,

(a) are directly related to, and compatible with, farm operations in the surrounding area and do not hinder those farm operations,

(b) support agriculture,

(c) benefit from being in close proximity to farm operations, and

(d) provide products or services, or both, directly to farm operations as a primary activity;

“agri-tourism uses” means uses located on a farm that promote the enjoyment of farm operations or education or activities related to farm operations and includes the provision of accommodations such as a bed and breakfast establishment;

“animal agriculture” means growing, producing and raising farm animals including, without limitation,

(a) livestock, including equines, poultry and ratites,

(b) fur-bearing animals,

(c) bees,

(d) cultured fish,

(e) deer and elk, and

(f) game animals and birds;

“aquifer vulnerability” means an aquifer’s intrinsic susceptibility, as a function of the thickness and permeability of overlying layers, to contamination from both human and natural impact on water quality;

“area of natural and scientific interest” (earth science) means an area that has been,

(a) identified as having earth science values related to protection, scientific study or education, and

(b) further identified by the Ministry of Natural Resources using evaluation procedures established by that Ministry, as amended from time to time;

Note: On July 1, 2017, clause (b) of the definition of “area of natural scientific interest (earth science)” in section 3 of the Regulation is amended by striking out “Ministry of Natural Resources” and substituting “Ministry of Natural Resources and Forestry”. (See: O. Reg. 141/17, s. 2 (3))

“area of natural and scientific interest” (life science) means an area that has been,

(a) identified as having life science values related to protection, scientific study or education, and

(b) further identified by the Ministry of Natural Resources using evaluation procedures established by that Ministry, as amended from time to time;

Note: On July 1, 2017, clause (b) of the definition of “area of natural scientific interest (life science)” in section 3 of the Regulation is amended by striking out “Ministry of Natural Resources” and substituting “Ministry of Natural Resources and Forestry”. (See: O. Reg. 141/17, s. 2 (4))

“bed and breakfast establishment” means an establishment that provides sleeping accommodation (including breakfast and other meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a single dwelling that is the principal residence of the proprietor of the establishment;`

Note: On July 1, 2017, the definition of “bed and breakfast establishment” in section 3 of the Regulation is amended by striking out “in up to three guest rooms within a single dwelling” and substituting “in a single dwelling”. (See: O. Reg. 141/17, s. 2 (5))

“connectivity” means the degree to which key natural heritage features are connected to one another by links such as plant and animal movement corridors, hydrological and nutrient cycling, genetic transfer, and energy flows through food webs;

Note: On July 1, 2017, the definition of “connectivity” in section 3 of the Regulation is amended by striking out “key natural heritage features” and substituting “key natural heritage features or key hydrologic features”. (See: O. Reg. 141/17, s. 2 (6))

“development” means the creation of a new lot, a change in land use or the construction of buildings and structures, any of which require approval under the Planning Act, the Environmental Assessment Act, or the Drainage Act, but does not include,

(a) the construction of facilities for transportation, infrastructure and utilities uses, as described in section 41, by a public body, or

(b) for greater certainty,

(i) the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001, or

(ii) the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001;

Note: On July 1, 2017, the definition of “development” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (7))

“development” means the creation of a new lot, a change in land use, or the construction of buildings and structures requiring approval under the Planning Act but does not include,

(a) activities that create or maintain infrastructure authorized under an environmental assessment process; or

(b) works that are subject to the Drainage Act;

“dwelling unit” means one or more habitable rooms, occupied or capable of being occupied as an independent and separate housekeeping establishment, in which separate kitchen and sanitary facilities are provided for the exclusive use of the occupants;

“earth science values” means values that relate to the geological, soil and landform features of the environment;

“ecological features” means naturally occurring land, water and biotic features that contribute to ecological integrity;

“ecological functions” means the natural processes, products or services that living and non-living environments provide or perform within or between species, ecosystems and landscapes, including hydrological functions and biological, physical, chemical and socio-economic interactions;

“ecological integrity”, which includes hydrological integrity, means the condition of ecosystems in which,

(a) the structure, composition and function of the ecosystems are unimpaired by stresses from human activity,

(b) natural ecological processes are intact and self-sustaining, and

(c) the ecosystems evolve naturally;

“endangered species” means any native species, as listed in the regulations under the Endangered Species Act, that is at risk of extinction throughout all or part of its Ontario range if the limiting factors are not reversed;

Note: On July 1, 2017, the definition of “endangered species” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (8))

“endangered species” means a species that is classified as an endangered species in Ontario Regulation 230/08 (Species at Risk in Ontario List) made under the Endangered Species Act, 2007;

“farm vacation home” means an establishment that provides sleeping accommodation (including participation in farm activities, meals, services, facilities and amenities for the exclusive use of guests) for the travelling or vacationing public in up to three guest rooms within a single dwelling that is located on a farm and is the principal residence of the proprietor of the establishment;

Note: On July 1, 2017, the definition of “farm vacation home” in section 3 of the Regulation is revoked. (See: O. Reg. 141/17, s. 2 (9))

“fish habitat” means the spawning grounds and nursery, rearing, food supply and migration areas on which fish depend directly or indirectly in order to carry out the life processes, as further identified by the Department of Fisheries and Oceans (Canada);

Note: On July 1, 2017, the definition of “fish habitat” in section 3 of the Regulation is amended by striking out “spawning grounds and nursery” and substituting “spawning grounds and any other areas, including nursery”. (See: O. Reg. 141/17, s. 2 (10))

“forest access road” means a one or two-lane unpaved road that is designed to provide access to and within a woodland for wildlife, fish and forest management purposes;

“forest management” means the management of woodlands, including accessory uses such as the construction and maintenance of forest access roads and maple syrup production facilities,

(a) for the production of wood and wood products, including maple syrup,

(b) to provide outdoor recreation opportunities,

(c) to maintain and, where possible, improve or restore conditions for wildlife, and

(d) to protect water supplies;

Note: On July 1, 2017, section 3 of the Regulation is amended by adding the following definition: (See: O. Reg. 141/17, s. 2 (11))

“green infrastructure” means infrastructure consisting of natural and human-made elements that provide ecological and hydrological functions and processes and includes natural heritage features and systems, parklands, stormwater management systems, street trees, urban forests, natural channels, permeable surfaces and green roofs;

“groundwater recharge” means the replenishment of subsurface water,

(a) resulting from natural processes, such as the infiltration of rainfall and snowmelt and the seepage of surface water from lakes, streams and wetlands, and

(b) resulting from human intervention, such as the use of stormwater management systems;

“habitat of endangered, rare and threatened species” means land that,

(a) is an area where individuals of an endangered species, a rare species or a threatened species live or have the potential to live and find adequate amounts of food, water, shelter, and space needed to sustain their population, including an area where a species concentrates at a vulnerable point in its annual or life cycle and an area that is important to a migratory or non-migratory species, and

(b) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time;

Note: On July 1, 2017, the definition of “habitat of endangered, rare and threatened species” is section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (12))

“habitat of endangered and threatened species” means,

(a) with respect to an endangered or threatened species for which a regulation made under clause 55 (1) (a) of the Endangered Species Act, 2007 is in force, the area prescribed by that regulation as the habitat of the species, or

(b) with respect to any other endangered or threatened species, the area on which the species depends, directly or indirectly, to carry on its life processes, including life processes such as reproduction, rearing, hibernation, migration or feeding,

and includes places in the area described in clause (a) or (b), whichever is applicable, that are used by members of the species as dens, nests, hibernacula or other residences;

“hazardous waste” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990;

“home business” means an occupation that,

Note: On July 1, 2017, the definition of “home business” in section 3 of the Regulation is amended by striking out “means an occupation that” in the portion before clause (a) and substituting “means a business that is not located on a farm and”. (See: O. Reg. 141/17, s. 2 (13))

(a) involves providing personal or professional services or producing custom or artisanal products,

(b) is carried on as a small-scale accessory use within a single dwelling by one or more of its residents, and

Note: On July 1, 2017, clause (b) of the definition of “home business” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (14))

(b) is carried on as a small-scale secondary use within a single dwelling, or a building that is accessory to the dwelling, by one or more residents of the dwelling, and

(c) does not include uses such as an auto repair or paint shop or furniture stripping;

“home industry” means a business that,

(a) is carried on as a small-scale use that is accessory to a single dwelling or agricultural operation,

(b) provides a service such as carpentry, metalworking, welding, electrical work or blacksmithing, primarily to the farming community,

(c) may be carried on in whole or in part in an accessory building, and

(d) does not include uses such as an auto repair or paint shop or furniture stripping;

Note: On July 1, 2017, the definition of “home industry” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (15))

“home industry” means an industry that,

(a) is carried out in the home or in a building that is accessory to the home or, if the home is located on a farm, to the agricultural operation;

(b) if the home is not located on a farm,

(i) is carried on as a small-scale use that is secondary to the principal use of the home as a single dwelling,

(ii) provides a service such as carpentry, metalworking, welding, electrical work or blacksmithing, primarily to the farming community, and

(iii) does not include uses such as auto repair or paint shop or furniture stripping, and

(c) if the home is located on a farm,

(i) is carried on as a small-scale use that is secondary to the principal use of the farm as an agricultural operation, and

(ii) may include, but is not limited to, a sawmill, welding or woodworking shop, manufacturing or fabrication shop, equipment repair and seasonal storage of boats or trailers;

Note: On July 1, 2017, section 3 of the Regulation is amended by adding the following definition: (See: O. Reg. 141/17, s. 2 (16))

“home occupation” means an occupation that is carried out on a farm and that,

(a) involves providing personal or professional services such as those offered at or by a professional office, bookkeeper, land surveyor, art studio, hairdresser, massage therapist, daycare, veterinary clinic, kennel classes or workshops, and

(b) is carried on as a small-scale secondary use within a single dwelling on the farm;

“hydrological cycle” means the circulation of water from the atmosphere to the earth and back through precipitation, runoff, infiltration, groundwater flow and evapotranspiration, including the occurrence, circulation, distribution, and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water’s interaction with the environment including its relation to living things;

“hydrological features” means,

(a) permanent and intermittent streams,

(b) wetlands,

(c) kettle lakes and their surface catchment areas,

(d) seepage areas and springs, and

(e) aquifers and recharge areas;

“hydrological functions” means the functions of the hydrological cycle that include the occurrence, circulation, distribution, and chemical and physical properties of water on the surface of the land, in the soil and underlying rocks, and in the atmosphere, and water’s interaction with the environment including its relation to living things;

“hydrological integrity” means the condition of ecosystems in which hydrological features and hydrological functions are unimpaired by stresses from human activity;

“hydrologically sensitive feature” means a hydrologically sensitive feature as described in section 26;

Note: On July 1, 2017, the definition of “hydrologically sensitive feature” in section 3 of the Regulation is revoked. (See: O. Reg. 141/17, s. 2 (17))

“impervious surface” means a surface that does not permit the infiltration of water, such as a rooftop, sidewalk, paved roadway, driveway or parking lot;

Note: On July 1, 2017, section 3 of the Regulation is amended by adding the following definition: (See: O. Reg. 141/17, s. 2 (18))

“infrastructure” means infrastructure as defined in subsection 41 (1);

“kame” means a mound, hummock or conical hill of glacial origin;

“kettle lake” means a depression formed by glacial action and permanently filled with water;

Note: On July 1, 2017, section 3 of the Regulation is amended by adding the following definition: (See: O. Reg. 141/17, s. 2 (19))

“key hydrologic feature” means a key hydrologic feature as described in section 26;

“key natural heritage feature” means a key natural heritage feature as described in section 22;

“landform conservation area” means a landform conservation area as described in section 30;

“landform features” means distinctive physical attributes of land such as slope, shape, elevation and relief;

“life science values” means values that relate to the living component of the environment;

“liquid industrial waste” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990;

“lot” means a parcel of land that is,

(a) described in a deed or other document legally capable of conveying an interest in the land, or

(b) shown as a lot or block on a registered plan of subdivision;

“major development” means development consisting of,

(a) the creation of four or more lots,

(b) the construction of a building or buildings with a ground floor area of 500 m² or more, or

(c) the establishment of a major recreational use as described in section 38;

“meander belt” means the land across which a stream shifts its channel from time to time;

“mineral aggregate” means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act, but does not include metallic ores, asbestos, graphite, kyanite, mica, nepheline syenite, talc, wollastonite or other material prescribed under that Act;

“mineral aggregate operation” means,

(a) an operation, other than a wayside pit, conducted under a licence or permit under the Aggregate Resources Act, and

(b) associated facilities used in the extraction, transportation, beneficiation, processing or recycling of mineral aggregate or the production of related by-products;

Note: On July 1, 2017, clause (b) of the definition of “mineral aggregate operation” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (21))

(b) associated facilities used in the extraction of mineral aggregate, the transport, beneficiation, processing or recycling of mineral aggregate and derived products such as asphalt and concrete or the production of secondary related products;

“natural self-sustaining vegetation” means self-sustaining vegetation dominated by native plant species;

“net developable area” means the area of a lot or site, less any area that is within a key natural heritage feature or a hydrologically sensitive feature;

Note: On July 1, 2017, the definition of “net developable area” in section 3 of the Regulation is amended by striking out “hydrologically sensitive feature” at the end and substituting “key hydrologic feature”. (See: O. Reg. 141/17, s. 2 (20))

“Oak Ridges Moraine Conservation Plan Area” and “Plan Area” mean the areas described in section 2;

Note: On July 1, 2017, section 3 of the Regulation is amended by adding the following definition: (See: O. Reg. 141/17, s. 2 (22))

“on-farm diversified uses” means, with respect to a farming operation, uses that are secondary to the principal agricultural use of the property, that are compatible with and do not hinder the surrounding agricultural operations and that occupy a limited area of the property including,

(a) home occupations,

(b) home industries,

(c) agri-tourism uses, and

(d) uses that produce value-added products;

“partial service” means connections linking a building to,

(a) a communal sewage or water service or a full municipal sewage or water service, and

(b) an individual on-site sewage or water system;

Note: On July 1, 2017, the definition of “partial services” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (23))

“partial services” means, with respect to sewage and water services to a property, that either of the following situations exists:

1. Sewage services are provided by a municipality or by private communal services but water services are provided by an individual on-site water system.

2. Water services are provided by a municipality or by private communal services but sewage services are provided by an individual on-site sewage system;

“portable asphalt plant” means a temporary facility, to be dismantled at the completion of a construction project, where,

(a) equipment is used to heat and dry mineral aggregate and to mix it with bituminous asphalt to produce asphalt paving material, and

(b) bulk materials used in the process described in clause (a) are kept;

“prime agricultural area” means an area that is,

(a) designated as prime agricultural land in the relevant official plan, or

(b) identified through an alternative agricultural land evaluation system approved by the Government of Ontario;

“prime agricultural land” means,

(a) land where fruit and vegetable crops and greenhouse crops are grown,

(b) agriculturally developed organic soil land, or

(c) land with Class 1, 2 or 3 soils according to the Canada Land Inventory;

“rare species” means a native species that is not currently at risk of becoming threatened but, because of its limited distribution, small population or specialized habitat needs, could be put at risk of becoming threatened through all or part of its Ontario range by changes in land use or increases in certain types of human activity;

Note: On July 1, 2017, the definition of “rare species” in section 3 of the Regulation is revoked. (See: O. Reg. 141/17, s. 2 (24))

“retirement home” means a building in which,

(a) accommodation is provided, mainly for retired persons,

(b) common kitchen and dining facilities are provided for the residents, and

(c) common lounges, recreation rooms and health care facilities may also be provided for the residents;

“sand barrens” means land (not including land that is being used for agricultural purposes and no longer exhibits sand barrens characteristics) that,

(a) has sparse or patchy vegetation that is dominated by plants that are,

(i) adapted to severe drought and low nutrient levels, and

(ii) maintained by severe environmental limitations such as drought, low nutrient levels and periodic disturbances such as fire,

(b) has less than 25 per cent tree cover,

(c) has sandy soils (other than shorelines) exposed by natural erosion, depositional process or both, and

(d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time;

Note: On July 1, 2017, clause (d) of the definition of “sand barrens” in section 3 of the Regulation is amended by striking out “Ministry of Natural Resources” wherever it appears and substituting in each case “Ministry of Natural Resources and Forestry”. (See: O. Reg. 141/17, s. 2 (25))

“saturated zone” means the zone below the water table where the spaces between soil grains are filled with water;

“savannah” means land (not including land that is being used for agricultural purposes and no longer exhibits savannah characteristics) that,

(a) has vegetation with a significant component of non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both,

(b) has from 25 per cent to 60 per cent tree cover,

(c) has mineral soils, and

(d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time;

Note: On July 1, 2017, clause (d) of the definition of “savannah” in section 3 of the Regulation is amended by striking out “Ministry of Natural Resources” wherever it appears and substituting in each case “Ministry of Natural Resources and Forestry”. (See: O. Reg. 141/17, s. 2 (26))

“self-sustaining vegetation” means vegetation dominated by plants that can grow and persist without direct human management, protection or tending;

“significant” means identified as significant by the Ministry of Natural Resources, using evaluation procedures established by that Ministry, as amended from time to time;

Note: On July 1, 2017, the definition of “significant” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (27))

“significant”, when used with reference to valleylands, wildlife habitat and woodlands, means identified as significant using evaluation procedures established by the Ministry of Natural Resources and Forestry;

“single dwelling” means a building containing only one dwelling unit;

Note: On July 1, 2017, the definition of “single dwelling” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (28))

“single dwelling” means a building containing only one dwelling unit and, in any area other than an area within a Natural Core Area or Natural Linkage Area, includes a building containing one primary dwelling unit and no more than one secondary dwelling unit;

“site” means the land subject to an application;

“site alteration” means activities such as filling, grading and excavation that would change the landform and natural vegetative characteristics of land, but does not include,

(a) the construction of facilities for transportation, infrastructure and utilities uses, as described in section 41, by a public body, or

(b) for greater certainty,

(i) the reconstruction, repair or maintenance of a drain approved under the Drainage Act and in existence on November 15, 2001, or

(ii) the carrying out of agricultural practices on land that was being used for agricultural uses on November 15, 2001;

Note: On July 1, 2017, the definition of “site alteration” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (29))

“site alteration” means activities such as grading, excavation and the placement of fill that would change the landform and the natural vegetative characteristics of a site;

“special concern species” means a species that is classified as a special concern species in Ontario Regulation 230/08 (Species at Risk in Ontario List) made under the Endangered Species Act, 2007;

“subwatershed” means an area that is drained by a tributary or some defined portion of a stream;

“surface catchment area” means the area including and surrounding a kettle lake or wetland, from which surface runoff drains directly into the kettle lake or wetland;

“sustainable”, when used with respect to a natural resource, means that the natural resource is able to support a particular use or activity without being adversely affected;

“tallgrass prairie” means land (not including land that is being used for agricultural purposes and no longer exhibits tallgrass prairie characteristics) that,

(a) has vegetation dominated by non-woody plants, including tallgrass prairie species that are maintained by seasonal drought, periodic disturbances such as fire, or both,

(b) has less than 25 per cent tree cover,

(c) has mineral soils, and

(d) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time;

Note: On July 1, 2017, clause (d) of the definition of “tallgrass prairie” in section 3 of the Regulation is amended by striking out “Ministry of Natural Resources” wherever it appears and substituting in each case “Ministry of Natural Resources and Forestry”. (See: O. Reg. 141/17, s. 2 (30))

“threatened species” means any native species that is at risk of becoming endangered throughout all or part of its Ontario range if the limiting factors are not reversed;

Note: On July 1, 2017, the definition of “threatened species” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (31))

“threatened species” means a species that is classified as a threatened species in Ontario Regulation 230/08 (Species at Risk in Ontario List) made under the Endangered Species Act, 2007;

“time of travel” means the time that is needed for groundwater to travel a specified horizontal distance in the saturated zone;

“unserviced park” means a park that provides recreational opportunities and facilities, including playing fields, but without outdoor lighting, accessory commercial facilities, paved parking lots or permanent water or sewer facilities;

“valleyland” means a natural area that occurs in a valley or other landform depression that has water flowing through or standing for some period of the year;

Note: On July 1, 2017, section 3 of the Regulation is amended by adding the following definitions: (See: O. Reg. 141/17, s. 2 (32))

“value-added product” means an agricultural product that has been processed by means of chopping, canning, pressing, bottling, roasting or any other similar process;

“value-retaining facilities” means facilities used to,

(a) maintain the quality of agricultural commodities produced on the farm such as atmosphere controlled storage, or

(b) provide a minimum amount of processing to make agricultural commodities saleable, including cleaning, grading, drying, sorting, evaporating maple sap into syrup, honey extraction and bulk packaging;

“watershed” means an area that is drained by a river and its tributaries;

“wayside pit” means a temporary pit opened or used by or for a public body solely for the purpose of a particular project of road construction and not located on the road right of way;

“wellhead protection area” means the surface and subsurface area surrounding a water well or well field that supplies a public water system and through which contaminants are reasonably likely to move so as eventually to reach the water well or well field;

“wetland” means land such as a swamp, marsh, bog or fen (not including land that is being used for agricultural purposes and no longer exhibits wetland characteristics) that,

(a) is seasonally or permanently covered by shallow water or has the water table close to or at the surface,

(b) has hydric soils and vegetation dominated by hydrophytic or water-tolerant plants, and

(c) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time;

Note: On July 1, 2017, clause (c) of the definition of “wetland” in section 3 of the Regulation is amended by striking out “Ministry of Natural Resources” wherever it appears and substituting in each case “Ministry of Natural Resources and Forestry”. (See: O. Reg. 141/17, s. 2 (33))

“wildlife habitat” means land that,

(a) is an area where plants, animals and other organisms live or have the potential to live and find adequate amounts of food, water, shelter and space to sustain their population, including an area where a species concentrates at a vulnerable point in its annual or life cycle and an area that is important to a migratory or non-migratory species, and

(b) has been further identified, by the Ministry of Natural Resources or by any other person, according to evaluation procedures established by the Ministry of Natural Resources, as amended from time to time;

Note: On July 1, 2017, the definition of “wildlife habitat” in section 3 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 2 (34))

“wildlife habitat” means areas where plants, animals and other organisms live and find adequate amounts of food, water, shelter and space needed to sustain their populations and includes areas where certain species concentrate at a vulnerable point in their annual or life cycle and areas that are important to migratory or non-migratory species;

“woodland” means a treed area, woodlot or forested area, other than a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees;

“zone of contribution”, when used in reference to a period of time, means the area within which the water pumped from a well originates during that time.  O. Reg. 140/02, s. 3 (1).

(2) Maps illustrating locations of key natural heritage features and areas of natural and scientific interest (earth science) may be made available by the Ministry of Natural Resources.  O. Reg. 140/02, s. 3 (2).

Note: On July 1, 2017, subsection 3 (2) of the Regulation is revoked. (See: O. Reg. 141/17, s. 2 (35))

Date of commencement of application

4. (1) For the purposes of this Plan, an application shall be deemed to have been commenced on the day set out in the relevant clause of subsection 15 (4) of the Act.  O. Reg. 140/02, s. 4 (1).

(2) In this Plan,

“application” includes a matter, proceeding or request.  O. Reg. 140/02, s. 4 (2).

Prohibition

5. No person shall, except as permitted by this Plan,

(a) use land or any part of it;

(b) undertake development or site alteration with respect to land; or

(c) erect, move, alter or use a building or structure or any part of it.  O. Reg. 140/02, s. 5.

Existing uses, buildings and structures

6. (1) Nothing in this Plan applies to prevent,

(a) the use of any land, building or structure for a purpose prohibited by this Plan, if the land, building or structure was lawfully used for that purpose on November 15, 2001 and continues to be used for that purpose; or

(b) the erection or use for a purpose prohibited by this Plan of a building or structure for which a permit has been issued under subsection 8 (2) of the Building Code Act, 1992 on or before November 15, 2001 if,

(i) the permit has not been revoked under subsection 8 (10) of the Building Code Act, 1992, and

(ii) the building or structure when erected is used and continues to be used for the purpose for which it was erected.  O. Reg. 140/02, s. 6 (1).

(2) Nothing in this Plan applies to prevent the expansion of an existing building or structure on the same lot, if the applicant demonstrates that,

(a) there will be no change in use; and

(b) the expansion will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 6 (2).

(3) Despite subsection (2), an existing mineral aggregate operation or an existing wayside pit within a Natural Core Area may not be expanded beyond the boundary of the area under licence or permit.  O. Reg. 140/02, s. 6 (3).

(4) Nothing in this Plan applies to prevent the expansion of an existing institutional use, if the applicant demonstrates that,

(a) there will be no change in use; and

(b) the expansion will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 6 (4).

(5) Nothing in this Plan applies to prevent the reconstruction, within the same location and dimensions, of an existing building or structure that is damaged or destroyed by causes beyond the owner’s control, and the reconstructed building or structure shall be deemed to be an existing building or structure if there is no change in use and no intensification of the use.  O. Reg. 140/02, s. 6 (5).

(6) Nothing in this Plan applies to prevent the conversion of an existing use to a similar use, if the applicant demonstrates that the conversion,

(a) will bring the use into closer conformity with this Plan; and

(b) will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 6 (6).

(7) If an existing use has adverse effects on the ecological integrity of the Plan Area, any application to expand the building, structure or use or to convert the existing use to a similar use shall be considered with the objective of bringing the use into closer conformity with this Plan.  O. Reg. 140/02, s. 6 (7).

(8) In this section,

“existing” means lawfully in existence on November 15, 2001 and for greater certainty does not include a use, building or structure that is in existence on that date without being lawful;

“institutional use” includes, without limitation, a long-term care facility, hospital, school, university or college.  O. Reg. 140/02, s. 6 (8).

Previously authorized single dwelling

7. Nothing in this Plan applies to prevent the use, erection or location of a single dwelling if,

(a) the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001; and

(b) the applicant demonstrates, to the extent possible, that the use, erection and location will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 7.

Building or structure previously authorized or authorized under subs. 17 (1) of Act

8. Nothing in this Plan applies to prevent the use, erection or location of a building or structure if,

(a) the use, erection and location were authorized by the approval of an application that was commenced before November 17, 2001 and approved after that date; or

(b) the use, erection and location were authorized by the approval of an application that was commenced after November 17, 2001 and decided in accordance with subsection 17 (1) of the Act.  O. Reg. 140/02, s. 8.

Exception, site plan approval

9. An application for site plan approval under section 41 of the Planning Act is not required to comply with this Plan if it relates to land in respect of which any of the following was commenced before November 17, 2001 and approved after that date:

1. An application for an amendment to a zoning by-law.

2. An application for approval of a plan of subdivision under section 51 of the Planning Act.

3. An application for approval or exemption from approval for a plan of condominium under section 9 of the Condominium Act, 1998.  O. Reg. 140/02, s. 9.

PART II
LAND USE DESIGNATIONS

Division of Plan Area, land use designations

10. (1) The Oak Ridges Moraine Conservation Plan Area is divided into areas subject to the following land use designations, as shown on the land use designation map referred to in section 2:

1. Natural Core Areas, which are areas with a high concentration of key natural heritage features, hydrologically sensitive features or landform conservation areas.

Note: On July 1, 2017, paragraph 1 of subsection 10 (1) is amended by striking out “hydrologically sensitive features” and substituting “key hydrologic features, ecological functions”. (See: O. Reg. 141/17, s. 3)

2. Natural Linkage Areas, which are areas forming part of a central corridor system that support or have the potential to support movement of plants and animals among the Natural Core Areas, Natural Linkage Areas, river valleys and stream corridors.

3. Countryside Areas, which are areas of rural land use such as agriculture, recreation, residential development, Rural Settlements, mineral aggregate operations, parks and open space. Rural Settlements, which form part of Countryside Areas and are existing hamlets or similar existing small communities, generally long-established and identified in official plans, are also shown on the land use designation map referred to in section 2.

4. Settlement Areas, which are areas designated for development of an urban type permitting a range of residential, commercial, industrial and institutional uses.  O. Reg. 140/02, s. 10 (1).

(2) When official plans and zoning by-laws are amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, the boundaries of the Natural Core Areas, Natural Linkage Areas, Countryside Areas, Rural Settlements and Settlement Areas may be further defined, in a manner that is consistent with the land use designation map referred to in section 2, but with greater precision than the map can show, and subject to subsection (4).  O. Reg. 140/02, s. 10 (2).

(3) The further definition of boundaries described in subsection (2) does not require an amendment to this Plan.  O. Reg. 140/02, s. 10 (3).

(4) The outer boundary of the Plan Area shall not be further defined under subsection (2).  O. Reg. 140/02, s. 10 (4).

Natural Core Areas

11. (1) The purpose of Natural Core Areas is to maintain and, where possible, improve or restore the ecological integrity of the Plan Area by,

(a) maintaining and, where possible, improving or restoring the health, diversity, size and connectivity of key natural heritage features, hydrologically sensitive features and the related ecological functions;

Note: On July 1, 2017, clause 11 (1) (a) of the Regulation is amended by striking out “hydrologically sensitive features” and substituting “key hydrologic features”. (See: O. Reg. 141/17, s. 4 (1))

(b) maintaining or restoring natural self-sustaining vegetation and wildlife habitat;

(c) maintaining the quantity and quality of groundwater and surface water;

(d) maintaining groundwater recharge;

(e) maintaining natural stream form and flow characteristics; and

(f) protecting landform features.  O. Reg. 140/02, s. 11 (1).

Note: On July 1, 2017, subsection 11 (1) of the Regulation is amended by striking out “and” at the end of clause (e), by adding “and” at the end of clause (f) and by adding the following clause: (See: O. Reg. 141/17, s. 4 (2))

(g) protecting and restoring natural areas and features that sequester carbon and provide ecological functions, including water storage, to help reduce the impacts of climate change.

(2) Natural Core Areas also have the objectives of,

(a) accommodating a trail system through the Plan Area and trail connections to it; and

Note: On July 1, 2017, subsection 11 (2) of the Regulation is amended by striking out “and” at the end of clause (a) and by adding the following clause: (See: O. Reg. 141/17, s. 4 (3))

(a.1) conserving cultural heritage resources; and

(b) providing for limited economic development that is compatible with clause (a) and subsection (1).  O. Reg. 140/02, s. 11 (2).

Note: On July 1, 2017, clause 11 (2) (b) of the Regulation is amended by striking out “clause (a)” and substituting “clauses (a) and (a.1)”. (See: O. Reg. 141/17, s. 4 (4))

(3) The following uses are permitted with respect to land in Natural Core Areas, subject to Parts III and IV:

1. Fish, wildlife and forest management.

2. Conservation projects and flood and erosion control projects.

3. Agricultural uses.

4. Transportation, infrastructure and utilities as described in section 41, but only if the need for the project has been demonstrated and there is no reasonable alternative.

Note: On July 1, 2017, paragraph 4 of subsection 11 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 4 (5))

4. Infrastructure uses.

5. Home businesses.

6. Home industries.

7. Bed and breakfast establishments.

8. Farm vacation homes.

Note: On July 1, 2017, paragraph 8 of subsection 11 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 4 (6))

8. On-farm diversified uses, subject to subsection (4).

8.1 Agriculture-related uses, subject to subsection (4).

9. Low-intensity recreational uses as described in section 37.

10. Unserviced parks.

11. Uses accessory to the uses set out in paragraphs 1 to 10.  O. Reg. 140/02, s. 11 (3).

Note: On July 1, 2017, section 11 of the Regulation is amended by adding the following subsection: (See: O. Reg. 141/17, s. 4 (7))

(4) The on-farm diversified uses referred to in paragraph 8 of subsection (3) and the agriculture-related uses referred to in paragraph 8.1 of subsection (3) are only permitted in prime agricultural areas in the Natural Core Areas. O. Reg. 141/17, s. 4 (7).

Natural Linkage Areas

12. (1) The purpose of Natural Linkage Areas is to maintain and, where possible, improve or restore the ecological integrity of the Plan Area, and to maintain and, where possible, improve or restore regional-scale open space linkages between Natural Core Areas and along river valleys and stream corridors by,

(a) maintaining and, where possible, improving or restoring the health, diversity, size and connectivity of key heritage features, hydrologically sensitive features and the related ecological functions;

Note: On July 1, 2017, clause 12 (1) (a) of the Regulation is amended by striking out “hydrologically sensitive features” and substituting “key hydrologic features”. (See: O. Reg. 141/17, s. 5 (1))

(b) maintaining and, where possible, improving or restoring natural self-sustaining vegetation over large parts of the area to facilitate movement of plants and animals;

(c) maintaining a natural continuous east-west connection and additional connections to river valleys and streams north and south of the Plan Area;

(d) maintaining the quantity and quality of groundwater and surface water;

(e) maintaining groundwater recharge;

(f) maintaining natural stream form and flow characteristics; and

(g) protecting landform features.  O. Reg. 140/02, s. 12 (1).

Note: On July 1, 2017, subsection 12 (1) of the Regulation is amended by striking out “and” at the end of clause (f), by adding “and” at the end of clause (g) and by adding the following clause: (See: O. Reg. 141/17, s. 5 (2))

(h) protecting and restoring natural areas and features that sequester carbon and provide ecological functions, including water storage, to help reduce the impacts of climate change.

(2) Natural Linkage Areas also have the objectives of,

(a) accommodating a trail system through the Plan Area and trail connections to it; and

Note: On July 1, 2017, subsection 12 (2) of the Regulation is amended by striking out “and” at the end of clause (a) and by adding the following clauses: (See: O. Reg. 141/17, s. 5 (3))

(a.1) conserving cultural heritage resources;

(a.2) contributing to a regional network of green infrastructure; and

(b) providing for limited economic development that is compatible with clause (a) and subsection (1).  O. Reg. 140/02, s. 12 (2).

Note: On July 1, 2017, clause 12 (2) (b) of the Regulation is amended by striking out “clause (a)” and substituting “clauses (a) to (a.2)”. (See: O. Reg. 141/17, s. 5 (4))

(3) The following uses are permitted with respect to land in Natural Linkage Areas, subject to Parts III and IV:

1. Fish, wildlife and forest management.

2. Conservation projects and flood and erosion control projects.

3. Agricultural uses.

4. Transportation, infrastructure and utilities as described in section 41, but only if the need for the project has been demonstrated and there is no reasonable alternative.

Note: On July 1, 2017, paragraph 4 of subsection 12 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 5 (5))

4. Infrastructure uses.

5. Home businesses.

6. Home industries.

7. Bed and breakfast establishments.

8. Farm vacation homes.

Note: On July 1, 2017, paragraph 8 of subsection 12 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 5 (6))

8. On-farm diversified uses, subject to subsection (4).

9. Low-intensity recreational uses as described in section 37.

10. Unserviced parks.

11. Mineral aggregate operations.

12. Wayside pits.

13. Uses accessory to the uses set out in paragraphs 1 to 12.  O. Reg. 140/02, s. 12 (3).

Note: On July 1, 2017, paragraph 13 of subsection 12 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 5 (7))

13. Agriculture-related uses, subject to subsection (4).

14. Uses accessory to the uses set out in paragraphs 1 to 13.

Note: On July 1, 2017, section 12 of the Regulation is amended by adding the following subsection: (See: O. Reg. 141/17, s. 5 (8))

(4) The on-farm diversified uses referred to in paragraph 8 of subsection (3) and the agriculture-related uses referred to in paragraph 13 of subsection (3) are only permitted in prime agricultural areas in the Natural Linkage Areas. O. Reg. 141/17, s. 5 (8).

Countryside Areas

13. (1) The purpose of Countryside Areas is to encourage agricultural and other rural uses that support the Plan’s objectives by,

(a) protecting prime agricultural areas;

(b) providing for the continuation of agricultural and other rural land uses and normal farm practices; and

Note: On July 1, 2017, clause 13 (1) (b) of the Regulation is amended by striking out “providing for the continuation of” at the beginning and substituting “promoting and protecting”, and by striking out “and” at the end. (See: O. Reg. 141/17, s. 6 (1))

(c) maintaining the rural character of the Rural Settlements.  O. Reg. 140/02, s. 13 (1).

Note: On July 1, 2017, subsection 13 (1) of the Regulation is amended by adding the following clauses: (See: O. Reg. 141/17, s. 6 (2))

(d) protecting and restoring natural areas and features that sequester carbon and provide ecological functions, including water storage, to help reduce the impacts of climate change; and

(e) maintaining existing public service facilities and adapting them, where feasible, to meet the needs of the community.

(2) Countryside Areas also have the objectives of,

(a) maintaining and, where possible, improving or restoring the ecological integrity of the Plan Area;

(b) maintaining and, where possible, improving or restoring the health, diversity, size and connectivity of key natural heritage features, hydrologically sensitive features and the related ecological functions;

Note: On July 1, 2017, clause 13 (2) (b) of the Regulation is amended by striking out “hydrologically sensitive features” and substituting “key hydrologic features”. (See: O. Reg. 141/17, s. 6 (3))

(c) maintaining the quantity and quality of groundwater and surface water;

(d) maintaining groundwater recharge;

(e) maintaining natural stream form and flow characteristics;

(f) protecting landform features;

(g) accommodating a trail system through the Plan Area and trail connections to it; and

Note: On July 1, 2017, subsection 13 (2) of the Regulation is amended by striking out “and” at the end of clause (g) and by adding the following clause: (See: O. Reg. 141/17, s. 6 (4))

(g.1) conserving cultural heritage resources; and

(h) providing for economic development that is compatible with subsection (1) and with clauses (a) to (g).  O. Reg. 140/02, s. 13 (2).

Note: On July 1, 2017, clause 13 (2) (h) of the Regulation is amended by striking out “clauses (a) to (g)” and substituting “clauses (a) to (g.1)”. (See: O. Reg. 141/17, s. 6 (5))

(3) The following uses are permitted with respect to land in Countryside Areas, subject to Parts III and IV:

1. Fish, wildlife and forest management.

2. Conservation projects and flood and erosion control projects.

3. Agricultural uses.

4. Transportation, infrastructure and utilities as described in section 41.

Note: On July 1, 2017, paragraph 4 of subsection 13 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 6 (6))

4. Infrastructure uses.

5. Home businesses.

6. Home industries.

7. Bed and breakfast establishments.

8. Farm vacation homes.

Note: On July 1, 2017, paragraph 8 of subsection 13 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 6 (7))

8. On-farm diversified uses.

9. Low-intensity recreational uses as described in section 37.

10. Unserviced parks.

11. Mineral aggregate operations.

12. Wayside pits.

13. Agriculture-related uses.

14. Small-scale commercial, industrial and institutional uses as described in section 40, subject to subsection (5).

15. Major recreational uses as described in section 38, subject to subsection (5).

16. Residential development in accordance with section 14.

17. Uses accessory to the uses set out in paragraphs 1 to 16.  O. Reg. 140/02, s. 13 (3).

(4) With respect to land in a Rural Settlement, the following uses are permitted, subject to Parts III and IV, in addition to the uses listed in subsection (3):

1. Residential development in accordance with paragraphs 3 and 4 of subsection 15 (1).

Note: On July 1, 2017, paragraph 1 of subsection 13 (4) of the Regulation is amended by striking out “paragraphs 3 and 4 of subsection 15 (1)” at the end and substituting “paragraph 3 of subsection 15 (1)”. (See: O. Reg. 141/17, s. 6 (8))

2. Small-scale commercial, industrial and institutional uses as described in section 40, but not subject to clause (1) (a), (c) or (2) (a) of that section.  O. Reg. 140/02, s. 13 (4).

(5) The uses described in paragraphs 14 and 15 of subsection (3) are prohibited in,

(a) prime agricultural areas; and

(b) areas designated primarily for agricultural uses in the applicable official plan.  O. Reg. 140/02, s. 13 (5).

Residential development in certain parts of Countryside Areas

14. (1) Residential development is permitted with respect to land in the Palgrave Estates Residential Community as shown on the land use designation map referred to in section 2, subject to the Town of Caledon Official Plan, as amended from time to time, and to the following provisions of this Plan:

1. Sections 20 to 26.

2. Subsection 27 (3).

3. Sections 28 and 29.

4. Subsections 30 (1), (12) and (13).

5. The Table to Part III.

6. Subsections 41 (1), (4) and (5).

7. Sections 42 to 47.  O. Reg. 140/02, s. 14 (1).

(2) Residential development is permitted with respect to land in the City of Kawartha Lakes, the County of Peterborough and the County of Northumberland, except in,

(a) prime agricultural areas; and

(b) areas designated primarily for agricultural uses in the applicable official plan.  O. Reg. 140/02, s. 14 (2).

(3) With respect to land in the City of Kawartha Lakes, the County of Peterborough and the County of Northumberland, an application for residential development shall not be approved unless,

(a) on or before October 22, 2003 or the later date on which the relevant municipality adopts an official plan amendment that is subject to a declaration made by the Minister under subsection 9 (10) of the Act,

(i) the relevant municipality has completed a comprehensive growth management study, including a rural economic development strategy, that demonstrates the need for residential development, and

(ii) the relevant municipality’s official plan conforms with this Plan and includes specific detailed policies governing residential development; and

(b) the relevant municipality has completed a water budget and water conservation plan in accordance with section 25 that demonstrates the availability of sufficient water resources to support residential development.  O. Reg. 140/02, s. 14 (3).

Note: On July 1, 2017, clause 14 (3) (b) of the Regulation is amended by striking out “a water budget and water conservation plan in accordance with section 25 that demonstrates” and substituting “a water budget and a water conservation plan in accordance with section 25 that demonstrate”. (See: O. Reg. 141/17, s. 7)

(4) The policies referred to in subclause (3) (a) (ii) may,

(a) further limit the areas within which residential development is permitted; and

(b) limit the extent of this type of development.  O. Reg. 140/02, s. 14 (4).

(5) The policies referred to in subclause (3) (a) (ii) shall establish strict planning, design and construction standards so as to,

(a) encourage clustering or other innovative design;

(b) require that disturbance to the natural landscape and environment be minimized; and

(c) maintain and, where possible, improve or restore the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 14 (5).

New lots in Countryside Areas

15. (1) New lots may be created in Countryside Areas for the following purposes only, and subject to Parts III and IV:

1. The purposes specified in section 32 (lot creation).

2. Residential development permitted under section 14.

3. Minor infill within Rural Settlements.

4. Minor rounding-out of Rural Settlements designated in the applicable official plan as appropriate for this type of lot creation.  O. Reg. 140/02, s. 15 (1).

Note: On July 1, 2017, paragraph 4 of subsection 15 (1) of the Regulation is revoked. (See: O. Reg. 141/17, s. 8 (1))

(2) A lot created in accordance with paragraph 4 of subsection (1) may encroach into a Settlement Area, but not into a Natural Core Area or Natural Linkage Area.  O. Reg. 140/02, s. 15 (2).

Note: On July 1, 2017, subsection 15 (2) of the Regulation is revoked. (See: O. Reg. 141/17, s. 8 (2))

Plans of subdivision, site plan approval and lot creation in Countryside Areas

16. (1) Plans of subdivision with respect to land in Countryside Areas shall,

(a) provide for large, continuous open space blocks linking key natural heritage features and hydrologically sensitive features to ensure connectivity; and

Note: On July 1, 2017, clause 16 (1) (a) of the Regulation is amended by striking out “hydrologically sensitive features to ensure connectivity” at the end and substituting “key hydrologic features to ensure connectivity and to maintain any related ecological functions”. (See: O. Reg. 141/17, s. 9 (1))

(b) design lots and roads so as to minimize stream crossings and extensions into key natural heritage features.  O. Reg. 140/02, s. 16 (1).

(2) With respect to land in Countryside Areas, the approval authority shall ensure that a condition requiring the applicant to ensure that natural self-sustaining vegetation is maintained or restored for the long-term protection of any key natural heritage feature or hydrologically sensitive feature on the lot or lots created is imposed,

Note: On July 1, 2017, subsection 16 (2) of the Regulation is amended by striking out “hydrologically sensitive feature” in the portion before clause (a) and substituting “key hydrologic feature”. (See: O. Reg. 141/17, s. 9 (2))

(a) on every subdivision and site plan approval; and

(b) on every consent to the creation of a lot under section 15 or subsection 32 (1).  O. Reg. 140/02, s. 16 (2).

Previously authorized uses, buildings and structures in Countryside Areas

17. (1) Nothing in this Plan applies to prevent a use or the erection or location of a building or structure with respect to land in a Countryside Area if,

(a) the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001;

(b) the use, erection and location are permitted by the applicable official plan and zoning by-laws as amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, although they do not comply with the provisions listed in subsections 19 (2) and 31 (3);

(c) in the case of major development, the applicant complies with clause 43 (1) (b); and

(d) the application conforms to sections 20, 22, 23, 26, 28 and 29, subsections 45 (7) and (8) and section 47.  O. Reg. 140/02, s. 17 (1).

(2) Subsection (1) does not apply with respect to land within a Rural Settlement.  O. Reg. 140/02, s. 17 (2).

(3) Nothing in this Plan applies to prevent a use or the erection or location of a building or structure within a Rural Settlement if,

(a) the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001;

(b) the use, erection and location are permitted by the applicable official plan and zoning by-laws as amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, although they do not comply with the provisions listed in subsections 19 (2) and 31 (3);

(c) the application conforms to sections 28 and 29, subsections 45 (7) and (8) and section 47; and

(d) the applicant demonstrates, to the extent possible, that the use, erection or location will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 17 (3).

Settlement Areas

18. (1) The purpose of Settlement Areas is to focus and contain urban growth by,

Note: On July 1, 2017, subsection 18 (1) of the Regulation is amended by adding the following clause: (See: O. Reg. 141/17, s. 10 (1))

(0.a) encouraging the development of communities that provide their residents with convenient access to an appropriate mix of employment, transportation options and local services and a full range of housing and public service facilities;

(a) minimizing the encroachment and impact of development on the ecological functions and hydrological features of the Plan Area;

(b) promoting the efficient use of land with transit-supportive densities, through intensification and redevelopment within existing urban areas; and

(c) providing for the continuation and development of urban land uses consistent with the growth management strategies identified in the applicable official plans.  O. Reg. 140/02, s. 18 (1).

(2) Settlement Areas also have the objectives of,

(a) maintaining and, where possible, improving or restoring the health, diversity, size and connectivity of key natural heritage features, hydrologically sensitive features and the related ecological functions;

Note: On July 1, 2017, clause 18 (2) (a) of the Regulation is amended by striking out “hydrologically sensitive features” and substituting “key hydrologic features”. (See: O. Reg. 141/17, s. 10 (2))

(b) accommodating a trail system through the Plan Area and trail connections to it;

(c) promoting strong communities, a strong economy and a healthy environment; and

Note: On July 1, 2017, subsection 18 (2) of the Regulation is amended by striking out “and” at the end of clause (c) and by adding the following clauses: (See: O. Reg. 141/17, s. 10 (3))

(c.1) promoting the locating of two or more compatible public services in one building or place that is conveniently situated so as to be accessible to local residents by walking, cycling and, where available, public transit;

(c.2) ensuring that development takes place in a manner that reduced greenhouse gas emissions;

(c.3) conserving cultural heritage resources;

(c.4) ensuring the sustainable use of water resources; and

(d) providing for economic development that is compatible with subsection (1) and clauses (a), (b) and (c).  O. Reg. 140/02, s. 18 (2).

Note: On July 1, 2017, clause 18 (2) (d) of the Regulation is amended by striking out “clauses (a), (b) and (c)” and substituting “clauses (a) to (c.4)”. (See: O. Reg. 141/17, s. 10 (4))

(3) With respect to land in Settlement Areas, all uses permitted by the applicable official plan are permitted, subject to the provisions of this Plan that are listed in subsections 19 (3) and 31 (4).  O. Reg. 140/02, s. 18 (3).

(4) New lots may be created in Settlement Areas, subject to the provisions of this Plan that are listed in subsections 19 (3) and 31 (4).  O. Reg. 140/02, s. 18 (4).

(5) With respect to land in a Settlement Area that does not include a key natural heritage feature or a hydrologically sensitive feature, an application for site plan approval under section 41 of the Planning Act is not required to comply with any provision of this Plan except this subsection.  O. Reg. 140/02, s. 18 (5).

Note: On July 1, 2017, subsection 18 (5) of the Regulation is amended by striking out “hydrologically sensitive feature” and substituting “key hydrologic feature”, and by striking out “except this subsection” at the end. (See: O. Reg. 141/17, s. 10 (5))

(6) With respect to land in a Settlement Area, nothing in this Plan applies to prevent a use or the erection or location of a building or structure if,

(a) the use, erection and location would have been permitted by the applicable zoning by-law on November 15, 2001;

(b) the use is permitted by the applicable official plan and zoning by-laws as amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, although the erection and location do not comply with the provisions listed in subsections 19 (3) and 31 (4);

(c) the use, erection and location conform to sections 28 and 29, subsections 45 (7) and (8) and section 47; and

(d) the applicant demonstrates, to the extent possible, that the use, erection or location will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 18 (6).

PART III
PROTECTING ECOLOGICAL AND HYDROLOGICAL INTEGRITY

Purpose and application

19. (1) The purpose of this Part is the integration of environmental and land use planning in order to maintain and, where possible, improve or restore the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 19 (1).

Note: On July 1, 2017, subsection 19 (1) of the Regulation is amended by adding “in all its aspects, including as it supports ecosystem resilience” at the end. (See: O. Reg. 141/17, s. 11)

(2) Sections 20 to 26, subsections 27 (1) and (2), sections 28 and 29, subsections 30 (1) to (12) and the Table to this Part apply with respect to land in the Natural Core Areas, Natural Linkage Areas and Countryside Areas.  O. Reg. 140/02, s. 19 (2).

(3) The following provisions apply with respect to land in the Settlement Areas:

1. Sections 21 to 26.

2. Subsection 27 (3).

3. Sections 28 and 29.

4. Subsections 30 (1), (12) and (13).

5. The Table to this Part.  O. Reg. 140/02, s. 19 (3).

Supporting connectivity

20. Every application for development or site alteration shall identify planning, design and construction practices that ensure that no buildings or other site alterations impede the movement of plants and animals among key natural heritage features, hydrologically sensitive features and adjacent land within Natural Core Areas and Natural Linkage Areas.  O. Reg. 140/02, s. 20.

Note: On July 1, 2017, section 20 of the Regulation is amended by striking out “impede the movement” and substituting “impede any hydrological functions or the movement”, and by striking out “hydrologically sensitive features” and substituting “key hydrologic features”. (See: O. Reg. 141/17, s. 12)

Minimum area of influence and minimum vegetation protection zone

21. (1) For the purposes of this Part,

(a) the minimum area of influence that relates to a key natural heritage feature or hydrologically sensitive feature described in Column 2 of the Table to this Part is the area referred to in the corresponding item in Column 3 of the Table; and

(b) the minimum vegetation protection zone that relates to a key natural heritage feature or hydrologically sensitive feature described in Column 2 of the Table is the area determined in accordance with the corresponding item in Column 4 of the Table.  O. Reg. 140/02, s. 21 (1).

Note: On July 1, 2017, subsection 21 (1) of the Regulation is amended by striking out “hydrologically sensitive feature” wherever it appears and substituting in each case “key hydrologic feature”. (See: O. Reg. 141/17, s. 13 (1))

(2) If land falls within more than one item in Column 1 of the Table, the provisions that are more restrictive apply.  O. Reg. 140/02, s. 21 (2).

Note: On July 1, 2017, subsection 21 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 13 (2))

(2) If land falls within more than one key natural heritage feature or key hydrologic feature described in Column 2 of the Table, the minimum area of influence described in Column 3 that is the largest and the vegetation protection zone described in Column 4 that is the largest shall apply with respect to each feature for the purposes of this Plan. O. Reg. 141/17, s. 13 (2).

(3) With respect to land that is in a Settlement Area on April 22, 2002, any provision referred to in subsection (4) prevails, to the extent of any conflict, over clause (1) (b) and subsection (2).  O. Reg. 140/02, s. 21 (3).

(4) Subsection (3) applies with respect to a provision of the applicable official plan or zoning by-laws, as the case may be, that is adopted on the basis of,

(a) environmental studies; or

(b) infrastructure planning including, without limitation, environmental assessments, infrastructure servicing studies and master environmental servicing studies.  O. Reg. 140/02, s. 21 (4).

Key Natural Heritage Features

Key natural heritage features

22. (1) The following are key natural heritage features:

1. Wetlands.

2. Significant portions of the habitat of endangered, rare and threatened species.

Note: On July 1, 2017, paragraph 2 of subsection 22 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 14 (1))

2. Habitat of endangered and threatened species.

3. Fish habitat.

4. Areas of natural and scientific interest (life science).

5. Significant valleylands.

6. Significant woodlands.

7. Significant wildlife habitat.

Note: On July 1, 2017, paragraph 7 of subsection 22 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 14 (2))

7. Significant wildlife habitat (including habitat of special concern species).

8. Sand barrens, savannahs and tallgrass prairies.  O. Reg. 140/02, s. 22 (1).

(2) All development and site alteration with respect to land within a key natural heritage feature or the related minimum vegetation protection zone is prohibited, except the following:

1. Forest, fish and wildlife management.

2. Conservation and flood or erosion control projects, but only if they have been demonstrated to be necessary in the public interest after all alternatives have been considered.

3. Transportation, infrastructure and utilities as described in section 41, but only if the need for the project has been demonstrated and there is no reasonable alternative.

Note: On July 1, 2017, paragraph 3 of subsection 22 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 14 (3))

3. Development of infrastructure in accordance with the requirements set out in section 41.

4. Low-intensity recreational uses as described in section 37.  O. Reg. 140/02, s. 22 (2).

Note: On July 1, 2017, subsection 22 (2) of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 141/17, s. 14 (4))

5. Any development and site alteration in Countryside Areas or Settlement Areas that is within the habitat of an endangered or threatened species, but only if,

i. it is not prohibited under the Endangered Species Act, 2007 and it complies with any requirements or restrictions under that Act, and

ii. it is not within any other key natural heritage feature or the related minimum vegetation protection zone.

6. Agricultural uses other than uses associated with on-farm buildings and structures, but only with respect to land in the minimum vegetation protection zone related to a key natural heritage feature and not in the key natural heritage feature itself.

(3) An application for development or site alteration with respect to land within the minimum area of influence that relates to a key natural heritage feature, but outside the key natural heritage feature itself and the related minimum vegetation protection zone, shall be accompanied by a natural heritage evaluation under section 23.  O. Reg. 140/02, s. 22 (3).

Note: On July 1, 2017, section 22 of the Regulation is amended by adding the following subsections: (See: O. Reg. 141/17, s. 14 (5))

(4) Despite subsection (3), a natural heritage evaluation is not required in the case of an application relating to the construction of a new building or structure in the minimum area of influence of a key natural heritage feature if the proposed building or structure is for agricultural uses, agriculture-related uses or on-farm diversified uses and is located a minimum of 30 metres from the key natural heritage feature. O. Reg. 141/17, s. 14 (5).

(5) Any agricultural uses, agriculture-related uses or on-farm diversified uses that are carried out in the minimum area of influence that relates to a key natural heritage feature shall be carried out in accordance with best management practices to protect or restore key natural heritage features and related ecological functions. O. Reg. 141/17, s. 14 (5).

Natural heritage evaluation

23. (1) A natural heritage evaluation shall,

(a) demonstrate that the development or site alteration applied for will have no adverse effects on the key natural heritage feature or on the related ecological functions;

(b) identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the key natural heritage feature and its connectivity with other key natural heritage features;

Note: On July 1, 2017, clause 23 (1) (b) of the Regulation is amended by adding “and with key hydrologic features” at the end. (See: O. Reg. 141/17, s. 15 (1))

(c) in the case of an application relating to land in a Natural Core Area, Natural Linkage Area or Countryside Area, demonstrate how connectivity within and between key natural heritage features will be maintained and, where possible, improved or restored before, during and after construction;

Note: On July 1, 2017, clause 23 (1) (c) of the Regulation is amended by striking out “key natural heritage features” and substituting “key natural heritage features and key hydrologic features”. (See: O. Reg. 141/17, s. 15 (2))

(d) if the Table to this Part specifies the dimensions of a minimum vegetation protection zone, determine whether it is sufficient, and if it is not sufficient, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it;

(e) if the Table to this Part does not specify the dimensions of a minimum vegetation protection zone, determine whether one is required, and if one is required, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it; and

(f) in the case of a key natural heritage feature that is fish habitat, ensure compliance with the requirements of the Department of Fisheries and Oceans (Canada).  O. Reg. 140/02, s. 23 (1).

(2) In the case of item 4 of the Table to this Part, the basis on which the determination and specification mentioned in clause (1) (e) is done shall include, without limitation, an analysis of land use, soil type, slope class and vegetation type, using criteria established by the Government of Ontario, as amended from time to time.  O. Reg. 140/02, s. 23 (2).

Hydrological Features

Watershed plans

24. (1) Every upper-tier municipality and single-tier municipality shall, on or before April 22, 2003, begin preparing a watershed plan, in accordance with subsection (3), for every watershed whose streams originate within the municipality’s area of jurisdiction.  O. Reg. 140/02, s. 24 (1).

Note: On July 1, 2017, subsection 24 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 16 (1))

(1) Every upper-tier municipality and single-tier municipality shall have a watershed plan that meets the requirements of subsection (3) for every watershed whose streams originate within the municipality’s area of jurisdiction. O. Reg. 141/17, s. 16 (1).

(2) The objectives and requirements of each watershed plan shall be incorporated into the municipality’s official plan.  O. Reg. 140/02, s. 24 (2).

(3) A watershed plan shall include, as a minimum,

(a)   a water budget and conservation plan as set out in section 25;

Note: On July 1, 2017, clause 24 (3) (a) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 16 (2))

(a) a water budget and a water conservation plan as set out in section 25;

(b) land and water use and management strategies;

(c) a framework for implementation, which may include more detailed implementation plans for smaller geographic areas, such as subwatershed plans, or for specific subject matter, such as environmental management plans;

(d) an environmental monitoring plan;

Note: On July 1, 2017, clause 24 (3) (d) of the Regulation is amended by adding “based on a minimum of five years of monitoring” at the end. (See: O. Reg. 141/17, s. 16 (3))

(e) provisions requiring the use of environmental management practices and programs, such as programs to prevent pollution, reduce the use of pesticides and manage the use of road salt; and

Note: On July 1, 2017, clause 24 (3) (e) of the Regulation is amended by striking out “and” at the end. (See: O. Reg. 141/17, s. 16 (4))

(f) criteria for evaluating the protection of water quality and quantity, hydrological features and hydrological functions.  O. Reg. 140/02, s. 24 (3).

Note: On July 1, 2017, clause 24 (3) (f) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 16 (5))

(f) criteria for evaluating the protection of water quality and quantity, hydrological features and functions, including criteria for evaluating the impacts of proposed development and infrastructure projects within and outside the Plan Area on water quality and quantity and on hydrological features and functions;

(g) an evaluation of the assimilative capacity of the watershed to deal with sewage from surrounding areas; and

(h) an assessment of climate change impacts on sewage and water service systems and stormwater management systems.

(4) Major development is prohibited unless,

(a) the watershed plan for the relevant watershed, prepared in accordance with subsection (3), has been completed;

(b) the major development conforms with the watershed plan; and

(c) a water budget and conservation plan, prepared in accordance with section 25 and demonstrating that the water supply required for the major development is sustainable, has been completed.  O. Reg. 140/02, s. 24 (4).

Note: On July 1, 2017, clause 24 (4) (c) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 16 (6))

(c) a water budget and a water conservation plan, prepared in accordance with section 25 and demonstrating that the water supply required for the major development is sustainable and that assimilative capacity with respect to sewage is sufficient, has been completed.

(5) Subsection (4) applies to every application commenced on or after April 23, 2007.  O. Reg. 140/02, s. 24 (5).

(6) Subsection (8) applies to every application commenced before the date mentioned in subsection (5), except an application described in subsection (7).  O. Reg. 140/02, s. 24 (6).

(7) Clause (4) (c) applies to every application that is commenced on or after April 22, 2004 and relates to the part of The Regional Municipality of York that is served by the Yonge Street Aquifer.  O. Reg. 140/02, s. 24 (7).

(8) An application for major development to which this subsection applies shall not be approved unless,

(a) the relevant municipality has complied with clause (4) (c); or

(b) the applicant,

(i) identifies any hydrologically sensitive features and related hydrological functions on the site and how they will be protected,

Note: On July 1, 2017, subclause 24 (8) (b) (i) of the Regulation is amended by striking out “hydrologically sensitive features” and substituting “key hydrologic features”. (See: O. Reg. 141/17, s. 16 (7))

(ii) demonstrates that an adequate water supply is available for the development without compromising the ecological integrity of the Plan Area, and

Note: On July 1, 2017, subclause 24 (8) (b) (ii) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 16 (8))

(ii) demonstrates that an adequate water supply is available for the development, and that there is sufficient assimilative capacity to deal with the sewage from the development, without compromising the ecological integrity of the Plan Area, and

(iii) provides, with respect to the site and such other land as the approval authority considers necessary, a water budget and water conservation plan that,

Note: On July 1, 2017, subclause 24 (8) (b) (iii) of the Regulation is amended by striking out “a water budget and water conservation plan” in the portion before sub-subclause (A) and substituting “a water budget and a water conservation plan”. (See: O. Reg. 141/17, s. 16 (9))

(A) characterizes groundwater and surface water flow systems by means of modelling,

(B) identifies the availability, quantity and quality of water sources, and

(C) identifies water conservation measures.  O. Reg. 140/02, s. 24 (8).

Water budgets and conservation plans

25. (1) Every upper-tier municipality and single-tier municipality shall, on or before April 22, 2003, begin preparing a water budget and conservation plan, in accordance with subsection (2), for every watershed whose streams originate within the municipality’s area of jurisdiction.  O. Reg. 140/02, s. 25 (1).

Note: On July 1, 2017, subsection 25 (1) of the Regulation is amended by striking out “a water budget and conservation plan” and substituting “a water budget and a water conservation plan”. (See: O. Reg. 141/17, s. 17 (1))

(2) A water budget and conservation plan shall, as a minimum,

Note: On July 1, 2017, subsection 25 (2) of the Regulation is amended by striking out “A water budget and conservation plan” in the portion before clause (a) and substituting “A water budget and a water conservation plan”. (See: O. Reg. 141/17, s. 17 (2))

(a) quantify the components of the water balance equation, including precipitation, evapotranspiration, groundwater inflow and outflow, surface water outflow, change in storage, water withdrawals and water returns;

(b) characterize groundwater and surface water flow systems by means of modelling;

(c) identify,

(i) targets to meet the water needs of the affected ecosystems,

(ii) the availability, quantity and quality of water sources, and

(iii) goals for public education and for water conservation;

Note: On July 1, 2017, clause 25 (2) (c) of the Regulation is amended by striking out “and” at the end of subclause (ii), by adding “and” at the end of subclause (iii) and by adding the following subclause: (See: O. Reg. 141/17, s. 17 (3))

(iv) impacts from changes in precipitation patterns, including those resulting from climate change;

(d) develop a water-use profile and forecast;

(e) evaluate plans for water facilities such as pumping stations and reservoirs;

(f) identify and evaluate,

(i) water conservation measures such as public education, improved management practices, the use of flow-restricting devices and other hardware, water reuse and recycling, and practices and technologies associated with water reuse and recycling,

(ii) water conservation incentives such as full cost pricing, and

(iii) ways of promoting water conservation measures and water conservation incentives;

(g) analyse the costs and benefits of the matters described in clause (f);

(h) require the use of specified water conservation measures and incentives;

(i) contain an implementation plan for those specified measures and incentives that reconciles the demand for water with the water supply;

(j) provide for monitoring of the water budget and water conservation plan for effectiveness.  O. Reg. 140/02, s. 25 (2).

Note: On July 1, 2017, clause 25 (2) (j) of the Regulation is amended by striking out “the water budget and water conservation plan” and substituting “the water budget and the water conservation plan”. (See: O. Reg. 141/17, s. 17 (4))

Hydrologically sensitive features

26. (1) The following are hydrologically sensitive features:

Note: On July 1, 2017, subsection 26 (1) of the Regulation is amended by striking out “hydrologically sensitive features” in the portion before paragraph 1 and by substituting “key hydrologic features”. (See: O. Reg. 141/17, s. 18 (1))

1. Permanent and intermittent streams.

2. Wetlands.

3. Kettle lakes.

4. Seepage areas and springs.  O. Reg. 140/02, s. 26 (1).

(2) All development and site alteration with respect to land within a hydrologically sensitive feature or the related minimum vegetation protection zone is prohibited, except the following:

Note: On July 1, 2017, subsection 26 (2) of the Regulation is amended by striking out “hydrologically sensitive feature” in the portion before paragraph 1 and substituting “key hydrologic feature”. (See: O. Reg. 141/17, s. 18 (2))

1. Forest, fish and wildlife management.

2. Conservation and flood or erosion control projects, but only if they are determined to be necessary in the public interest after all alternatives have been considered.

3. Transportation, infrastructure and utilities as described in section 41, but only if the need for the project has been demonstrated and there is no reasonable alternative.

Note: On July 1, 2017, paragraph 3 of subsection 26 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 18 (3))

3. Development of infrastructure in accordance with the requirements set out in section 41.

4. Low-intensity recreational uses as described in section 37.  O. Reg. 140/02, s. 26 (2).

Note: On July 1, 2017, subsection 26 (2) of the Regulation is amended by adding the following paragraph: (See: O. Reg. 141/17, s. 18 (4))

5. Agricultural uses other than uses associated with on-farm buildings and structures, but only with respect to land in the minimum vegetation protection zone related to a key hydrologic feature and not in the key hydrologic feature itself.

(3) An application for development or site alteration with respect to land within the minimum area of influence that relates to a hydrologically sensitive feature, but outside the hydrologically sensitive feature itself and the related minimum vegetation protection zone, shall be accompanied by a hydrological evaluation under subsection (4).  O. Reg. 140/02, s. 26 (3).

Note: On July 1, 2017, subsection 26 (3) of the Regulation is amended by striking out “hydrologically sensitive feature” wherever it appears and substituting in each case “key hydrologic feature”. (See: O. Reg. 141/17, s. 18 (5))

(4) A hydrological evaluation shall,

(a) demonstrate that the development or site alteration will have no adverse effects on the hydrologically sensitive feature or on the related hydrological functions;

Note: On July 1, 2017, clause 26 (4) (a) of the Regulation is amended by striking out “hydrologically sensitive feature” and substituting “key hydrologic feature”. (See: O. Reg. 141/17, s. 18 (6))

(b) identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the hydrologically sensitive feature; and

Note: On July 1, 2017, clause 26 (4) (b) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 18 (7))

(b) identify planning, design and construction practices that will maintain and, where possible, improve or restore the health, diversity and size of the key hydrologic feature and its connectivity with other key hydrologic features and with key natural heritage features;

(c) determine whether the minimum vegetation protection zone whose dimensions are specified in the Table to this Part is sufficient, and if it is not sufficient, specify the dimensions of the required minimum vegetation protection zone and provide for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it.  O. Reg. 140/02, s. 26 (4).

Note: On July 1, 2017, subsection 26 (4) of the Regulation is amended by adding “and” at the end of clause (c) and by adding the following clause: (See: O. Reg. 141/17, s. 18 (8))

(d) in the case of an application relating to land in a Natural Core Area, Natural Linkage Area or Countryside Area, demonstrate how connectivity within and between key natural heritage features and key hydrologic features will be maintained and, where possible, improved or restored before, during and after construction.

Note: On July 1, 2017, section 26 of the Regulation is amended by adding the following subsections: (See: O. Reg. 141/17, s. 18 (9))

(4.1) Despite subsection (3), a hydrological evaluation is not required in the case of an application relating to the construction of a new building or structure in the minimum area of influence of a key hydrologic feature if the proposed building or structure is for agricultural uses, agriculture-related uses or on-farm diversified uses and is located a minimum of 30 metres from the key hydrologic feature. O. Reg. 141/17, s. 18 (8).

(4.2) Any agricultural uses, agriculture-related uses or on-farm diversified uses that are carried out in the minimum area of influence that relates to a key hydrologic feature shall be carried out in accordance with best management practices to protect or restore key hydrologic features and related ecological functions. O. Reg. 141/17, s. 18 (8).

(5) In the case of items 11 and 12 of the Table to this Part, the basis on which the determination and specification mentioned in clause (4) (c) is done shall include, without limitation, an analysis of land use, soil type and slope class, using criteria established by the Government of Ontario, as amended from time to time.  O. Reg. 140/02, s. 26 (5).

Subwatersheds

27. (1) Except with respect to land in Settlement Areas, all development and site alteration with respect to land in a subwatershed are prohibited if they would cause the total percentage of the area of the subwatershed that has impervious surfaces to exceed,

(a) 10 per cent; or

(b) any lower percentage specified in the applicable watershed plan.  O. Reg. 140/02, s. 27 (1).

Note: On July 1, 2017, clause 27 (1) (b) of the Regulation is amended by adding “or subwatershed plan” at the end. (See: O. Reg. 141/17, s. 19)

(2) Except with respect to land in Settlement Areas, in considering applications for development or site alteration with respect to land in a subwatershed, the approval authority shall take into account the desirability of ensuring that at least 30 per cent of the area of the subwatershed has self-sustaining vegetation.  O. Reg. 140/02, s. 27 (2).

(3) With respect to land in Settlement Areas, in considering applications for development or site alteration with respect to land in a subwatershed, the approval authority shall consider the importance of,

(a) ensuring that natural vegetation is maintained and, where possible, improved or restored; and

(b) keeping to a minimum impervious surfaces and their impact on water quality and quantity.  O. Reg. 140/02, s. 27 (3).

Wellhead protection areas

28. (1) Despite anything else in this Plan except subsection 6 (1) and subsection (3) of this section, the following uses are prohibited with respect to land in wellhead protection areas established under section 42:

1. Storage, except by an individual for personal or family use, of,

i. petroleum fuels,

ii. petroleum solvents and chlorinated solvents,

iii. pesticides, herbicides and fungicides,

iv. construction equipment,

v. inorganic fertilizers,

vi. road salt, and

vii. contaminants listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 347 of the Revised Regulations of Ontario, 1990.

2. Generation and storage of hazardous waste or liquid industrial waste.

3. Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities.  O. Reg. 140/02, s. 28 (1).

(2) Despite anything else in this Plan except subsection 6 (1) and subsection (3) of this section, the following uses are prohibited with respect to land in the zero to two-year time of travel zone within every wellhead protection area established under section 42:

1. Storage of animal manure, except by an individual for personal or family use.

2. Animal agriculture, except by an individual for personal or family use.

3. Storage of agricultural equipment, except by an individual for personal or family use.  O. Reg. 140/02, s. 28 (2).

(3) Subsections (1) and (2) do not apply to an area in respect of which wellhead protection policies established under clause 42 (1) (b) have been incorporated into the relevant official plan.  O. Reg. 140/02, s. 28 (3).

Note: On July 1, 2017, subsection 28 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 20)

(3) Subsections (1) and (2) do not apply to,

(a) an area in respect of which wellhead protection policies established under clause 42 (1) (b) have been incorporated into the relevant official plan; and

(b) any agricultural land if the owner or operator of the agricultural operation complies with all the standards established under the Nutrient Management Act, 2002 and any applicable requirement under the Clean Water Act, 2006. O. Reg. 141/17, s. 20.

(4) Every person who carries on a use listed in subsection (1) or (2), as owner or operator, shall prepare and maintain a site management and contingency plan that is aimed at reducing or eliminating the creation of materials referred to in subsection (1) or (2), as the case may be, and their release into the environment.  O. Reg. 140/02, s. 28 (4).

Areas of high aquifer vulnerability

29. (1) Despite anything else in this Plan except subsection 6 (1), the uses listed in subsection (5) are prohibited with respect to land in areas of high aquifer vulnerability, as shown on the map entitled “Reference Map for Ontario Regulation 140/02 (Oak Ridges Moraine Conservation Plan) made under the Oak Ridges Moraine Conservation Act, 2001” dated March, 2002, on file in the offices of the Ministry of Environment and Energy at Toronto.  O. Reg. 140/02, s. 29 (1).

Note: On July 1, 2017, subsection 29 (1) of the Regulation is amended by striking out “except subsection 6 (1)” and substituting “except subsection 6 (1) and subsection (1.1) of this section”, and by striking out “Ministry of Environment and Energy” and substituting “Ministry of Municipal Affairs”. (See: O. Reg. 141/17, s. 21 (1))

Note: On July 1, 2017, section 29 is amended by adding the following subsection: (See: O. Reg. 141/17, s. 21 (2))

(1.1) Subsection (1) does not apply to agricultural land in areas of high aquifer vulnerability if the owner or operator of the agricultural operation is carrying out operations that are regulated under the Nutrient Management Act, 2002 and complies with all the standards established under that Act. O. Reg. 141/17, s. 21 (2).

(2) Copies of the map referred to in subsection (1) are available for public inspection,

(a) at the government information office located at the Macdonald Block at 900 Bay Street, Toronto; and

(b) at the Ministry of Natural Resources district offices located at,

(i) 50 Bloomington Road West, Aurora, and

(ii) 300 Water Street, Peterborough.  O. Reg. 140/02, s. 29 (2).

Note: On July 1, 2017, subsection 29 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 21 (3))

(2) Copies of the map referred to in subsection (1) are available on a website maintained by the Government of Ontario. O. Reg. 141/17, s. 21 (3).

(3) The boundaries of the areas of high aquifer vulnerability may be further defined in official plans, in a manner that is consistent with the map referred to in subsection (1), but with greater precision than the map can show.  O. Reg. 140/02, s. 29 (3).

(4) The further definition of boundaries described in subsection (3) does not require an amendment to this Plan.  O. Reg. 140/02, s. 29 (4).

(5) Subsection (1) applies to the following uses:

1. Generation and storage of hazardous waste or liquid industrial waste.

2. Waste disposal sites and facilities, organic soil conditioning sites, and snow storage and disposal facilities.

3. Underground and above-ground storage tanks that are not equipped with an approved secondary containment device.

4. Storage of a contaminant listed in Schedule 3 (Severely Toxic Contaminants) to Regulation 347 of the Revised Regulations of Ontario, 1990.  O. Reg. 140/02, s. 29 (5).

Landform Conservation Areas

Landform conservation areas

30. (1) The following, shown on maps entitled “Landform Conservation Areas of the Oak Ridges Moraine”, numbered 1, 2, 3 and 4, dated March, 2002 and on file at the district office of the Ministry of Natural Resources at 50 Bloomington Road West, Aurora, are landform conservation areas:

Note: On July 1, 2017, subsection 30 (1) of the Regulation is amended by striking out “at the district office of the Ministry of Natural Resources at 50 Bloomington Road West, Aurora” in the portion before paragraph 1 and substituting “in the offices of the Ministry of Municipal Affairs at Toronto”. (See: O. Reg. 141/17, s. 22 (1))

1. Landform conservation areas (Category 1).

2. Landform conservation areas (Category 2).  O. Reg. 140/02, s. 30 (1).

(2) Copies of the maps referred to in subsection (1) are available for public inspection,

(a) at the government information office located at the Macdonald Block at 900 Bay Street, Toronto; and

(b) at the Ministry of Natural Resources district offices located at,

(i) 50 Bloomington Road West, Aurora, and

(ii) 300 Water Street, Peterborough.  O. Reg. 140/02, s. 30 (2).

Note: On July 1, 2017, subsection 30 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 22 (2))

(2) Copies of the map referred to in subsection (1) are available on a website maintained by the Government of Ontario. O. Reg. 141/17, s. 22 (2).

(3) When official plans and zoning by-laws are amended in accordance with sections 9 and 10 of the Act to bring them into conformity with this Plan, the boundaries of the landform conservation areas may be further defined, in a manner that is consistent with the maps referred to in subsection (1), but with greater precision than the maps can show.  O. Reg. 140/02, s. 30 (3).

(4) The further definition of boundaries described in subsection (3) does not require an amendment to this Plan.  O. Reg. 140/02, s. 30 (4).

(5) An application for development or site alteration with respect to land in a landform conservation area (Category 1) shall identify planning, design and construction practices that will keep disturbance to landform character to a minimum, including,

(a) maintaining significant landform features such as steep slopes, kames, kettles, ravines and ridges in their natural undisturbed form;

(b) limiting the portion of the net developable area of the site that is disturbed to not more than 25 per cent of the total area of the site; and

(c) limiting the portion of the net developable area of the site that has impervious surfaces to not more than 15 per cent of the total area of the site.  O. Reg. 140/02, s. 30 (5).

(6) An application for development or site alteration with respect to land in a landform conservation area (Category 2) shall identify planning, design and construction practices that will keep disturbance to landform character to a minimum, including,

(a) maintaining significant landform features such as steep slopes, kames, kettles, ravines and ridges in their natural undisturbed form;

(b) limiting the portion of the net developable area of the site that is disturbed to not more than 50 per cent of the total area of the site; and

(c) limiting the portion of the net developable area of the site that has impervious surfaces to not more than 20 per cent of the total area of the site.  O. Reg. 140/02, s. 30 (6).

(7) Subsections (5) and (6) do not apply in respect of mineral aggregate operations.  O. Reg. 140/02, s. 30 (7).

(8) An application for major development with respect to land in a landform conservation area of either category shall be accompanied by a landform conservation plan that shows, on one or more maps,

(a) elevation contours in sufficient detail to show the basic topographic character of the site, with an interval of not more than two metres;

(b) analysis of the site by slope type (for example, moderate or steep);

(c) significant landform features such as kames, kettles, ravines and ridges; and

(d) all water bodies including intermittent streams and ponds.  O. Reg. 140/02, s. 30 (8).

(9) The landform conservation plan shall also include a development strategy that identifies appropriate planning, design and construction practices to minimize disruption to landform character, including,

(a) retention of significant landform features in an open, undisturbed form;

(b) road alignment and building placement to minimize grading requirements;

(c) concentration of development on portions of the site that are not significant;

(d) use of innovative building design to minimize grading requirements; and

(e) use of selective grading techniques.  O. Reg. 140/02, s. 30 (9).

(10) An application for development or site alteration that does not constitute major development, with respect to land in a landform conservation area of either category, shall be accompanied by a site plan that,

(a) identifies the areas within which all building, grading and related construction will occur;

(b) demonstrates that buildings and structures will be located within the areas referred to in clause (a) so as to minimize the amount of site alteration required; and

(c) provides for the protection of areas of natural and scientific interest (earth science) in accordance with subsection (12).  O. Reg. 140/02, s. 30 (10).

(11) Subsection (10) does not apply in respect of mineral aggregate operations.  O. Reg. 140/02, s. 30 (11).

(12) An application for development or site alteration with respect to land in an area of natural and scientific interest (earth science) or the related minimum area of influence shall be accompanied by an earth science heritage evaluation that,

(a) identifies planning, design and construction practices that will ensure protection of the geological or geomorphological attributes for which the area of natural and scientific interest was identified; and

(b) determines whether a minimum vegetation protection zone is required, and if so, specifies the dimensions of that zone and provides for the maintenance and, where possible, improvement or restoration of natural self-sustaining vegetation within it.  O. Reg. 140/02, s. 30 (12).

(13) With respect to land in Settlement Areas, in considering applications for development or site alteration within landform conservation areas (Category 1 and 2), the approval authority shall consider the importance of adopting planning, design and construction practices that will keep disturbance to landform character to a minimum, so as to satisfy the requirements of subsections (5) to (11) if possible.  O. Reg. 140/02, s. 30 (13).

TABLE
KEY NATURAL HERITAGE FEATURES, HYDROLOGICALLY SENSITIVE FEATURES AND AREAS OF NATURAL AND SCIENTIFIC INTEREST (EARTH SCIENCE): MINIMUM AREAS OF INFLUENCE AND MINIMUM VEGETATION PROTECTION ZONES

 

Column 1

Column 2

Column 3

Column 4

Item

Feature

Minimum Area of Influence (s. 21)

Minimum Vegetation Protection Zone (ss. 21, 23, 26 (4), 30 (12))

1.

Wetlands

All land within 120 metres of any part of feature

All land within 30 metres of any part of feature, subject to clause 23 (1) (d) if a natural heritage evaluation is required

2.

Significant portions of habitat of endangered, rare and threatened species

All land within 120 metres of any part of feature

As determined by a natural heritage evaluation carried out under section 23

3.

Fish habitat

All land within 120 metres of any part of feature

All land within 30 metres of any part of feature, subject to clause 23 (1) (d) if a natural heritage evaluation is required

4.

Areas of natural and scientific interest (life science)

All land within 120 metres of any part of feature

As determined by a natural heritage evaluation carried out under section 23

5.

Areas of natural and scientific interest (earth science)

All land within 50 metres of any part of feature

As determined by an earth science heritage evaluation carried out under subsection 30 (12)

6.

Significant valleylands

All land within 120 metres of stable top of bank

All land within 30 metres of stable top of bank, subject to clause 23 (1) (d) if a natural heritage evaluation is required

7.

Significant woodlands

All land within 120 metres of any part of feature

All land within 30 metres of the base of outermost tree trunks within the woodland, subject to clause 23 (1) (d) if a natural heritage evaluation is required

8.

Significant wildlife habitat

All land within 120 metres of any part of feature

As determined by a natural heritage evaluation carried out under section 23

9.

Sand barrens, savannahs and tallgrass prairies

All land within 120 metres of any part of feature

All land within 30 metres of any part of feature, subject to clause 23 (1) (d) if a natural heritage evaluation is required

10.

Kettle lakes

All land within 120 metres of the surface catchment area

All land within the surface catchment area or within 30 metres of any part of feature, whichever is greater, subject to clause 26 (4) (c) if a hydrological evaluation is required

11.

Permanent and intermittent streams

All land within 120 metres of meander belt

All land within 30 metres of meander belt, subject to clause 26 (4) (c) and subsection 26 (5) if a hydrological evaluation is required

12.

Seepage areas and springs

All land within 120 metres of any part of feature

All land within 30 metres of any part of feature, subject to clause 26 (4) (c) and subsection 26 (5) if a hydrological evaluation is required

O. Reg. 140/02, Part III, Table.

Note: On July 1, 2017, item 2 of the Table to Part III of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 23 (1))

 

2.

Habitat of endangered and threatened species

None

None

Note: On July 1, 2017, item 7 of the Table to Part III of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 23 (2))

 

7.

Significant woodlands

All land within 120 metres of any part of the feature

All land within 30 metres of the tree canopy drip line of the outermost trees within the woodland, subject to clause  23 (1) (d) if a natural heritage evaluation is required

PART IV
SPECIFIC LAND USE POLICIES

Application

31. (1) The following provisions of this Part apply to land in the Natural Core Areas:

1. Sections 32 to 34.

2. Sections 36, 37 and 39.

3. Subsections 41 (1), (3), (4), (5) and (6).

4. Sections 42 to 47.  O. Reg. 140/02, s. 31 (1).

(2) The following provisions of this Part apply to land in the Natural Linkage Areas:

1. Sections 32 to 37 and 39.

2. Subsections 41 (1), (2), (4), (5) and (6).

3. Sections 42 to 47.  O. Reg. 140/02, s. 31 (2).

(3) The following provisions of this Part apply to land in the Countryside Areas:

1. Sections 32 to 34.

2. Subsections 35 (1), (4), (5) and (6).

3. Sections 36 to 40.

4. Subsections 41 (1), (4), (5) and (6).

5. Sections 42 to 47.  O. Reg. 140/02, s. 31 (3).

(4) The following provisions of this Part apply to land in the Settlement Areas:

1. Subsections 41 (1), (4) and (5).

2. Sections 42 to 47.  O. Reg. 140/02, s. 31 (4).

Lot creation

32. (1) A lot may be created only in the following circumstances, and subject to section 15, subsections (2), (3), (4) and (5) of this section, and Part III:

1. Severance, from a rural lot, of a farm retirement lot or a lot for a residence surplus to a farming operation.  The maximum permitted is a cumulative total of one such severance for each rural lot.  All consents granted on or after January 1, 1994 are included in the calculation of the cumulative total.

Note: On July 1, 2017, paragraph 1 of subsection 32 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 24 (1))

1. Where the owner and operator of a farming operation acquires land to consolidate into the farming operation, a lot on which is situated a habitable residential dwelling that existed before July 1, 2017 and that after the consolidation has become surplus to the consolidated farming operation may be severed from the lot of the consolidated farming operation but only if,

i. the new lot will be limited to the minimum size that is needed to accommodate a residential use and the required sewage and water services, and

ii. no new residential dwellings will be constructed on a remnant parcel of farmland created by the severance.

2. Severance from each other of two or more rural lots that have merged in title. The severance shall follow the original lot lines or original half lot lines.

Note: On July 1, 2017, paragraph 2 of subsection 32 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 24 (1))

2. Severance of two or more lots for agricultural uses where the lot size of the severed and retained lots is at least 100 acres.

3. Allowing land acquisition for transportation, infrastructure and utilities as described in section 41, but only if the need for the project has been demonstrated and there is no reasonable alternative.

Note: On July 1, 2017, paragraph 3 of subsection 32 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 24 (2))

3. Acquisition of land for the development of infrastructure in accordance with the requirements set out in section 41.

4. The addition of adjacent land to an existing lot, but only if the adjustment does not result in the creation of a lot that is undersized for the purpose for which it is being or may be used.

5. Facilitating conveyances to public bodies or non-profit entities for natural heritage conservation.

6. Severance from each other of parts of a lot that are devoted to different uses, but only if the uses are legally established at the time of the application for severance.  O. Reg. 140/02, s. 32 (1).

(2) Subsection (1) applies whether the transaction takes the form of a conveyance, a lease for 21 years or more, or a mortgage.  O. Reg. 140/02, s. 32 (2).

(3) A lot may be created only if there is enough net developable area on both the severed lot and the remainder lot to accommodate proposed uses, buildings and structures and accessory uses without encroachment on key natural heritage features or hydrologically sensitive features.  O. Reg. 140/02, s. 32 (3).

Note: On July 1, 2017, subsection 32 (3) of the Regulation is amended by striking out “remainder lot” and substituting “retained lot”, and by striking out “hydrologically sensitive features” and substituting “key hydrologic features”. (See: O. Reg. 141/17, s. 24 (3))

(4) When a lot is created, the municipality shall enter into a site plan agreement or other agreement with the applicant to establish conditions requiring that natural self-sustaining vegetation be maintained or restored in order to ensure the long-term protection of any key natural heritage features and hydrologically sensitive features on the lot.  O. Reg. 140/02, s. 32 (4).

Note: On July 1, 2017, subsection 32 (4) of the Regulation is amended by striking out “hydrologically sensitive features” and substituting “key hydrologic features”. (See: O. Reg. 141/17, s. 24 (4))

(5) A lot shall not be created if this would extend or promote strip development.  O. Reg. 140/02, s. 32 (5).

(6) In subsection (1),

“farm retirement lot” means a lot that is severed from land that is being used in a farming operation, on the application of a person who,

(a) owned and operated the farm operation, as a full-time farmer, for a substantial number of years,

(b) was engaged in farming on January 1, 1994 or on an earlier date set out in the applicable official plan, and

(c) has reached retirement age and is retiring from active working life;

“original half lot” means half of an original lot that contained 80.9 hectares (200 acres), more or less;

“original lot” means a township lot shown on a plan certified by the Surveyor General of Ontario as being the original plan of an original survey;

“residence surplus to a farming operation” means,

(a) if there are two or more farm residences, both built before 1978, on a lot that is being used in a farming operation, one of those residences that is surplus to the farming operation, or

(b) if the owner and operator of a farming operation acquires an additional lot and uses it in the consolidated farming operation, any existing farm residence that is surplus to the consolidated farming operation;

“rural lot” means a lot that is at least 97.5 per cent of the land that is left in an original lot or an original half lot after the deduction of any land that is,

(a) conveyed at any time for transportation, utilities and infrastructure as described in section 41, whether before, on or after November 16, 2001, or

(b) validly conveyed before June 27, 1970.  O. Reg. 140/02, s. 32 (6).

Note: On July 1, 2017, subsection 32 (6) of the Regulation is revoked. (See: O. Reg. 141/17, s. 24 (5))

Restriction re agricultural uses, mineral aggregate operations, wayside pits

33. (1) The following are specified matters for the purpose of clause 5 (d) of the Act:

1. Agricultural uses.

2. Mineral aggregate operations.

3. Wayside pits.  O. Reg. 140/02, s. 33 (1).

(2) Official plans and zoning by-laws shall not contain provisions, with respect to the specified matters listed in subsection (1), that are more restrictive than those in this Plan.  O. Reg. 140/02, s. 33 (2).

Uses accessory to agricultural uses

34. Permitted uses accessory to agricultural uses include, but are not limited to,

(a) the roadside sale of produce of the farm operation;

(b) the manufacture of value-added products from produce of the farm operation; and

(c) a second dwelling that is a temporary, mobile or portable unit, if the applicant demonstrates that the dwelling,

(i) is required to house help that is needed on the farm operation on a seasonal or full-time basis,

(ii) does not require a consent under section 50 or 53 of the Planning Act, and

(iii) will not adversely affect the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 34.

Note: On July 1, 2017, section 34 of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 25)

Compatible uses

34. A non-agricultural use shall not have an adverse impact on agricultural uses or shall minimize and mitigate such impacts on agricultural uses to the extent possible. O. Reg. 141/17, s. 25.

Mineral aggregate operations and wayside pits

35. (1) An application for a mineral aggregate operation or wayside pit shall not be approved unless the applicant demonstrates,

(a) that the quantity and quality of groundwater and surface water in the Plan Area will be maintained and, where possible, improved or restored;

(b) that as much of the site as possible will be rehabilitated,

(i) in the case of land in a prime agricultural area, by restoring the land so that it can be used for agriculture, and

Note: On July 1, 2017, subclause 35 (1) (b) (i) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 26 (1))

(i) in the case of land in a prime agricultural area, by returning substantially all the land to a condition in which the soil capacity for agriculture is on average the same as it was before the mineral aggregate operation or wayside pit began operating, and

(ii) in all other cases, by establishing or restoring natural self-sustaining vegetation;

(c) if there are key natural heritage features on the site or on adjacent land, that their health, diversity, size and connectivity will be maintained and, where possible, improved or restored; and

(d) if there are areas of natural and scientific interest (earth science) on the site or on adjacent land, that the geological or geomorphological attributes for which they were identified will be protected.  O. Reg. 140/02, s. 35 (1).

Note: On July 1, 2017, section 35 of the Regulation is amended by adding the following subsection: (See: O. Reg. 141/17, s. 26 (2))

(1.1) Nothing in subclause 35 (1) (b) (i) requires an applicant to demonstrate that land has been returned to the condition it was in before a mineral aggregate operation or wayside pit began operating if the land is in the Countryside Area and there was a substantial quantity of mineral aggregate resources below the water table that were extracted. However, prime agricultural lands in other areas must be rehabilitated in accordance with subclause 35 (1) (b) (i). O. Reg. 141/17, s. 26 (2).

(2) An application for a mineral aggregate operation or wayside pit with respect to land in a Natural Linkage Area shall not be approved unless the applicant demonstrates,

(a) that there will be compliance with subsection (1);

(b) that there will be no extraction within 1.5 metres of the water table;

(c) that the extraction of mineral aggregates from the site will be completed as quickly as possible;

(d) that the site will be rehabilitated in stages as quickly as possible; and

(e) that the entire site will be rehabilitated,

(i) in the case of land in a prime agricultural area, by restoring the land so that the average soil quality of each area is substantially returned to its previous level, and

(ii) in all other cases, by establishing or restoring natural self-sustaining vegetation.  O. Reg. 140/02, s. 35 (2).

(3) In order to maintain connectivity, when a mineral aggregate operation or a wayside pit is located in a Natural Linkage Area, there shall at all times be an excluded area (which, for greater certainty, may contain both undisturbed land and land whose rehabilitation is complete) that,

(a) is at least 1.25 kilometres wide;

Note: On July 1, 2017, clause 35 (3) (a) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 26 (3))

(a) is at least 1.25 kilometres in total width, such distance being measured either entirely within the Natural Linkage Area or including areas within the Natural Core Area that is adjacent to the excluded area;

(b) lies outside the active or unrehabilitated portions of the area being used; and

(c) connects parts of the Natural Linkage Area outside the mineral aggregate operation or wayside pit.  O. Reg. 140/02, s. 35 (3).

(4) Despite subsection 22 (2), an application for a mineral aggregate operation or wayside pit with respect to land in a key natural heritage feature may be approved if,

(a) the key natural heritage feature is occupied by young plantations or early successional habitat; and

Note: On July 1, 2017, clause 35 (4) (a) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 26 (4))

(a) the key natural heritage feature is a significant woodland and it is occupied by young plantations or early successional habitat;

(b) the applicant demonstrates that,

(i) the long-term ecological integrity of the Plan Area will be maintained or, where possible, improved or restored,

(ii) the extraction of mineral aggregates from the area within the key natural heritage feature will be completed and the area will be rehabilitated, as early as possible in the life of the operation, and

(iii) the area from which mineral aggregates are extracted will be rehabilitated by establishing or restoring natural self-sustaining vegetation of equal or greater ecological value.  O. Reg. 140/02, s. 35 (4).

Note: On July 1, 2017, subsection 35 (4) of the Regulation is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (b) and by adding the following clause: (See: O. Reg. 141/17, s. 26 (5))

(c) in the case of a key natural heritage feature that is the habitat of an endangered or threatened species and is located in a Countryside Area or Settlement Area, the requirements of paragraph 5 of subsection 22 (2) are satisfied.

(5) In subclause (4) (b) (iii),

“ecological value” means the value of vegetation in maintaining the health of the key natural heritage feature and the related ecological features and ecological functions, as measured by factors such as the diversity of species, the diversity of habitats, and the suitability and amount of habitats that are available for rare, threatened and endangered species.  O. Reg. 140/02, s. 35 (5).

Note: On July 1, 2017, the definition of “ecological value” in subsection 35 (5) of the Regulation is amended by striking out “rare, threatened or endangered species” at the end and substituting “threatened species and endangered species”. (See: O. Reg. 141/17, s. 26 (6))

(6) An application for a mineral aggregate operation or wayside pit with respect to land in a landform conservation area (Category 1 or 2) shall not be approved unless the applicant demonstrates,

(a) that the area from which mineral aggregates are extracted will be rehabilitated to establish a landform character that blends in with the landform patterns of the adjacent land; and

(b) that the long-term ecological integrity of the Plan Area will be maintained or, where possible, improved or restored.  O. Reg. 140/02, s. 35 (6).

Note: On July 1, 2017, section 35 of the Regulation is amended by adding the following subsection: (See: O. Reg. 141/17, s. 26 (7))

(7)  An application for a mineral aggregate operation located in a prime agricultural area shall not be approved unless an agricultural impact assessment has been carried out and it demonstrates that there will be no adverse impacts to the prime agricultural area or that any such impacts will be minimized and mitigated to the extent possible. O. Reg. 141/17, s. 26 (7).

Comprehensive rehabilitation plans

36. Municipalities and the mineral aggregate industry are encouraged to work together to develop and implement comprehensive rehabilitation plans for parts of the Plan Area that are affected by mineral aggregate operations.  O. Reg. 140/02, s. 36.

Note: On July 1, 2017, the Regulation is amended by adding the following section: (See: O. Reg. 141/17, s. 27)

Excess soil and fill

36.1 Official plan policies and development proposals shall incorporate best practices for the management of excess soil generated and fill received during any development or site alteration, including infrastructure development, to ensure that,

(a) excess soil is re-used on-site or locally to the maximum extent possible;

(b) where feasible, excess soil reuse planning is undertaken concurrently with development planning and design; and

(c) the quality of fill received at a site and the placement of fill at the site will not cause an adverse effect with regard to the current or proposed use of the property, the natural environment or cultural heritage resources and is compatible with adjacent land uses. O. Reg. 141/17, s. 27.

Low-intensity recreational uses

37. (1) Low-intensity recreational uses are recreational uses that have minimal impact on the natural environment and require very little terrain or vegetation modification and few, if any, buildings or structures, including but not limited to the following:

1. Non-motorized trail uses.

2. Natural heritage appreciation.

3. Unserviced camping on public and institutional land.

4. Accessory uses.  O. Reg. 140/02, s. 37 (1).

(2) Small-scale structures accessory to low-intensity recreational uses, such as trails, boardwalks, foot bridges, fences, docks and picnic facilities, are permitted only if the applicant demonstrates that the adverse effects on the ecological integrity of the Plan Area will be kept to a minimum by,

(a) keeping disturbed areas to a minimum; and

(b) avoiding the most sensitive portions of the site, such as steep slopes, organic soils and significant portions of the habitat of endangered, rare or threatened species.  O. Reg. 140/02, s. 37 (2).

Note: On July 1, 2017, clause 37 (2) (b) of the Regulation is amended by striking out “steep slopes, organic soils and significant portions of the habitat of endangered, rare or threatened species” at the end and substituting “steep slopes and organic soils”. (See: O. Reg. 141/17, s. 28)

Major recreational uses

38. (1) Major recreational uses are recreational uses that require large-scale modification of terrain, vegetation or both and usually also require large-scale buildings or structures, including but not limited to the following:

1. Golf courses.

2. Serviced playing fields.

3. Serviced campgrounds.

4. Ski hills.  O. Reg. 140/02, s. 38 (1).

(2) An application to establish or expand a major recreational use shall be accompanied by a recreation plan demonstrating that,

(a) water use for maintenance or snow-making or both will be kept to a minimum;

(b) grassed, watered and manicured areas will be limited to sports field surfaces, golf fairways, tees and greens, and landscaped areas around buildings and structures;

(c) crossings of intermittent and permanent streams will be kept to a minimum;

(d) water-conserving technologies (such as low flow toilets and shower heads) will be used in clubhouses and restaurants;

Note: On July 1, 2017, clause 38 (2) (d) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 29 (1))

(d) water-conserving technologies (such as low flow toilets and shower heads) and energy-conserving technologies will be used in clubhouses and restaurants;

(e) water-conserving technologies (such as timed irrigation systems designed to reduce evaporation losses, and recycling of water from under greens) will be used in the irrigation and watering of sports field surfaces, golf fairways, tees and greens, and landscaped areas around buildings and structures; and

(f) stormwater treatment facilities will be used to capture and treat runoff from areas with impervious surfaces.  O. Reg. 140/02, s. 38 (2).

Note: On July 1, 2017, clause 38 (2) (f) of the Regulation is amended by striking out “stormwater treatment facilities” at the beginning and substituting “green infrastructure and appropriate low impact development techniques”. (See: O. Reg. 141/17, s. 29 (2))

(3) An application to establish or expand a major recreational use shall be accompanied by a vegetation management plan demonstrating that,

(a) the application of fertilizers, pesticides, herbicides and fungicides will be limited to sports field surfaces, golf fairways, tees, greens and landscaped areas around buildings and structures and in those locations will be kept to a minimum;

(b) grass mixtures that require minimal watering and upkeep will be used for sports field surfaces and golf fairways; and

(c) wherever possible, intermittent stream channels and drainage swales will be kept in a free-to-grow, low-maintenance condition.  O. Reg. 140/02, s. 38 (3).

(4) An application to establish or expand a major recreational use shall demonstrate that,

(a) the recreational activities on the site,

(i) will be compatible with the natural character of the surrounding area, and

(ii) will be designed and located so as not to conflict with adjacent land uses; and

(b) new technologies relating to construction, grounds maintenance and water conservation will be explored and incorporated, as they become available, to help maintain and, where possible, improve or restore the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 38 (4).

Note: On July 1, 2017, section 38 of the Regulation is amended by adding the following subsection: (See: O. Reg. 141/17, s. 29 (3))

(5) An application to establish or expand a major recreational use shall demonstrate that the new or expanded major recreational use will have no adverse impacts on surrounding agricultural operations or that any such impacts will be minimized and mitigated to the extent possible. O. Reg. 141/17, s. 29 (3).

Trail system

39. (1) A recreational trail system shall be established to provide continuous access and travel along the entire Plan Area, accessible to all including persons with disabilities.  O. Reg. 140/02, s. 39 (1).

(2) The trail system shall,

(a) be designed to maintain and, where possible, improve or restore the ecological integrity of the Plan Area;

(b) be located in the Natural Core Areas and Natural Linkage Areas as much as possible;

(c) be located away from unopened road allowances as much as possible.  O. Reg. 140/02, s. 39 (2).

Note: On July 1, 2017, clause 39 (2) (c) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 30 (1))

(c) be located away from unopened road allowances, prime agricultural areas and agricultural operations as much as possible.

(3) Despite anything else in this Plan, the following uses, buildings and structures are permitted on the trail system:

1. Non-motorized trail uses.

2. Parking, signage, washrooms and interpretive facilities to support access to the trail system.

3. Fencing to define and protect the trails.

Note: On July 1, 2017, paragraph 3 of subsection 39 (3) of the Regulation is amended by adding “while limiting access to, and trespass on, adjoining agricultural lands” at the end. (See: O. Reg. 141/17, s. 30 (2))

4. Works to improve access to the trail system and remove barriers to its use for the benefit of all including persons with disabilities.

5. Works to protect ecologically sensitive portions of the trail system.

6. Conservation and erosion control to protect or restore key natural heritage features and hydrologically sensitive features and the related ecological functions along the trail system.  O. Reg. 140/02, s. 39 (3).

Note: On July 1, 2017, paragraph 6 of subsection 39 (3) of the Regulation is amended by striking out “hydrologically sensitive features” and substituting “key hydrologic features”. (See: O. Reg. 141/17, s. 30 (3))

(4) Paragraph 1 of subsection (3) does not prohibit the use of motorized wheelchairs by persons who need them for mobility.  O. Reg. 140/02, s. 39 (4).

Note: On July 1, 2017, subsection 39 (4) of the Regulation is amended by striking out “the use of motorized wheelchairs” and substituting “the use of mobility aids, including motorized wheelchairs and other power-assisted devices”. (See: O. Reg. 141/17, s. 30 (4))

Small-scale commercial, industrial and institutional uses   

40. (1) Small-scale commercial, industrial and institutional uses,

(a) are supportive of, complementary to or essential to uses that are permitted in Countryside Areas under sections 13, 14 and 17;

(b) do not require large-scale modification of terrain, vegetation or both or large-scale buildings and structures; and

(c) include, but are not limited to,

(i) farm implement stores, feed stores and country markets,

Note: On July 1, 2017, subclause 40 (1) (c) (i) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 31 (1))

(i) commercial sales or services related to the management or use of resources located in the surrounding area,

(ii) portable mineral aggregate crushing plants, portable asphalt plants and composting plants, and

(iii) schools, places of worship, community halls, retirement homes and cemeteries, intended mainly to serve nearby Rural Settlements within the Plan Area.  O. Reg. 140/02, s. 40 (1).

(2) An application for a small-scale commercial, industrial or institutional use with respect to land in a Countryside Area shall not be approved unless the applicant demonstrates that,

(a) it is not feasible to locate the use in a Settlement Area; and

(b) the buildings and structures will be planned, designed and constructed so as not to adversely affect,

(i) the rural character of the Countryside Areas, and

(ii) the ecological integrity of the Plan Area.  O. Reg. 140/02, s. 40 (2).

Note: On July 1, 2017, section 40 of the Regulation is amended by adding the following subsections: (See: O. Reg. 141/17, s. 31 (2))

(3) An application for a small-scale commercial, industrial or institutional use with respect to land in a Countryside Area shall not be approved if it is to be located within a prime agricultural area. O. Reg. 141/17, s. 31 (2).

(4) Subsection (3) does not apply to portable asphalt plants and portable concrete plants required to complete public authority contracts. O. Reg. 141/17, s. 31 (2).

(5) An application to establish or expand a small-scale commercial, industrial or institutional use shall demonstrate that the new or expanded use will have no adverse impacts on surrounding agricultural operations and lands or that such impacts will be minimized and mitigated to the extent possible. O. Reg. 141/17, s. 31 (2).

Transportation, infrastructure and utilities

41. (1) Transportation, infrastructure and utilities uses include,

(a) public highways;

(b) transit lines, railways and related facilities;

(c) gas and oil pipelines;

(d) sewage and water service systems and lines and stormwater management facilities;

(e) power transmission lines;

(f) telecommunications lines and facilities, including broadcasting towers;

(g) bridges, interchanges, stations and other structures, above and below ground, that are required for the construction, operation or use of the facilities listed in clauses (a) to (f); and

(h) rights of way required for the facilities listed in clauses (a) to (g).  O. Reg. 140/02, s. 41 (1).

Note: On July 1, 2017, subsection 41 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 32 (1))

Infrastructure

(1) In this section,

“infrastructure” means all physical structures, facilities and corridors that form the foundation for development of an area including,

(a) public highways,

(b) transit lines, railways and associated corridors and facilities,

(c) gas and oil pipelines and associated facilities,

(d) sewage and water service systems, including septage treatment systems,

(e) stormwater management systems,

(f) electric generation facilities and electricity transmission and distribution systems,

(g) waste management systems,

(h) telecommunications lines and facilities, including broadcasting towers,

(i) bridges, interchanges, stations and other structures, above and below ground, that are required for the construction, operation or use of the facilities listed in clauses (a) to (h), and

(j) rights of way required for the systems and facilities listed in clauses (a) to (i). O. Reg. 141/17, s. 32 (1).

(1.1) Municipalities shall ensure that land use planning is coordinated with infrastructure planning and investment with a view to complying with the requirements of this section and to implementing the Plan. O. Reg. 141/17, s. 32 (1).

(1.2) Municipalities shall ensure that the development of new infrastructure or the upgrading or extension of existing infrastructure is supported by the necessary studies, assessments and documentation such as infrastructure master plans, asset management plans, land use and financial scenarios, watershed studies and subwatershed plans, environmental assessments and other relevant studies that,

(a) demonstrate that infrastructure will be financially feasible and sustainable over the long-term;

(b) demonstrate that an adequate water supply is available for the development, and that there is sufficient assimilative capacity to deal with the sewage from the development, without compromising the ecological integrity of the Plan Area;

(c) address stormwater management at appropriate scales throughout the land use planning process;

(d) utilise appropriate low impact development techniques and green infrastructure; and

(e) assess actions to reduce greenhouse gas emissions and to adapt to climate change impacts. O. Reg. 141/17, s. 32 (1).

(2) An application for a transportation, infrastructure or utilities use with respect to land in a Natural Linkage Area shall not be approved unless,

Note: On July 1, 2017, subsection 41 (2) of the Regulation is amended by striking out “An application for a transportation, infrastructure or utilities use with respect to land” at the beginning and substituting “An application for the development of infrastructure in or on land”. (See: O. Reg. 141/17, s. 32 (2))

(a) the need for the project has been demonstrated and there is no reasonable alternative; and

(b) the applicant demonstrates that the following requirements will be satisfied, to the extent that is possible while also meeting all applicable safety standards:

1. The area of construction disturbance will be kept to a minimum.

2. Right of way widths will be kept to the minimum that is consistent with meeting other objectives such as stormwater management and with locating as many transportation, infrastructure and utility uses within a single corridor as possible.

Note: On July 1, 2017, paragraph 2 of clause 41 (2) (b) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 32 (3))

2. Right of way widths will be kept to the minimum that is consistent with,

i. meeting other objectives such as stormwater management and erosion and sediment control, and

ii. locating as much infrastructure uses within a single corridor as possible.

3. The project will allow for wildlife movement.

4. Lighting will be focused downwards and away from Natural Core Areas.

5. The planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Plan Area to a minimum.  O. Reg. 140/02, s. 41 (2).

Note: On July 1, 2017, section 41 of the Regulation is amended by adding the following subsection: (See: O. Reg. 141/17, s. 32 (4))

(2.1) An application for the development of infrastructure in or on land in a prime agricultural area shall not be approved unless,

(a) the need for the project has been demonstrated and there is no reasonable alternative that could avoid the development occurring in a prime agricultural area; and

(b) an agricultural impact assessment, or equivalent analysis carried out as part of an environmental assessment, is undertaken that demonstrates that there will be no adverse impacts to the prime agricultural area or that such impacts will be minimized and mitigated to the extent possible. O. Reg. 141/17, s. 32 (4).

(3) An application for a transportation, infrastructure or utilities use with respect to land in a Natural Core Area shall not be approved unless the applicant demonstrates that,

Note: On July 1, 2017, subsection 41 (3) of the Regulation is amended by striking out “An application for a transportation, infrastructure or utilities use with respect to land” at the beginning and substituting “An application for the development of infrastructure in or on land”. (See: O. Reg. 141/17, s. 32 (5))

(a) the requirements of subsection (2) have been met;

(b) the project does not include and will not in the future require a highway interchange or a transit or railway station in a Natural Core Area; and

(c) the project is located as close to the edge of the Natural Core Area as possible.  O. Reg. 140/02, s. 41 (3).

(4) Except as permitted in subsection (5), with respect to land in a key natural heritage feature or a hydrologically sensitive feature, all new transportation, infrastructure and utilities uses and all upgrading or extension of existing transportation, infrastructure and utilities uses, including the opening of a road within an unopened road allowance, are prohibited.  O. Reg. 140/02, s. 41 (4).

Note: On July 1, 2017, subsection 41 (4) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 32 (6))

(4) Except as permitted in subsection (5), with respect to land in a key natural heritage feature or a key hydrologic feature, the development of new infrastructure and the upgrading or extension of existing infrastructure, including the opening of a road within an unopened road allowance, is prohibited. O. Reg. 141/17, s. 32 (6).

(5) Transportation, infrastructure and utilities uses may be permitted to cross a key natural heritage feature or a hydrologically sensitive feature if the applicant demonstrates that,

Note: On July 1, 2017, subsection 41 (5) of the Regulation is amended by striking out the portion before clause (a) and substituting the following: (See: O. Reg. 141/17, s. 32 (7))

(5) Infrastructure may be permitted to cross a key natural heritage feature or a key hydrologic feature if the applicant demonstrates that,

(a) the need for the project has been demonstrated and there is no reasonable alternative;

(b) the planning, design and construction practices adopted will keep any adverse effects on the ecological integrity of the Plan Area to a minimum;

(c) the design practices adopted will maintain and, where possible, improve or restore key ecological and recreational linkages, including the trail system referred to in section 39;

(d) the landscape design will be adapted to the circumstances of the site and use native plant species as much as possible, especially along rights of way; and

(e) the long-term landscape management approaches adopted will maintain and, where possible, improve or restore the health, diversity, size and connectivity of the key natural heritage feature or hydrologically sensitive feature.  O. Reg. 140/02, s. 41 (5).

Note: On July 1, 2017, clause 41 (5) (e) of the Regulation is amended by striking out “hydrologically sensitive feature” at the end and substituting “key hydrologic feature”. (See: O. Reg. 141/17, s. 32 (8))

(6) Service and utility trenches for transportation, infrastructure and utilities shall be planned, designed and constructed so as to keep disruption of the natural groundwater flow to a minimum.  O. Reg. 140/02, s. 41 (6).

Note: On July 1, 2017, subsection 41 (6) of the Regulation is amended by striking out “transportation, infrastructure and utilities” and substituting “infrastructure”. (See: O. Reg. 141/17, s. 32 (9))

Official plan provisions, wellhead protection areas, areas of high aquifer vulnerability

42. (1) Every official plan shall contain policies that,

(a) establish wellhead protection areas, in accordance with subsection (2), around all existing and new wells for municipal water services;

(b) with respect to each wellhead protection area,

(i) prohibit or restrict the uses listed in subsections 28 (1) and (2), and

(ii) prohibit or restrict other uses that could adversely affect the quality or quantity of groundwater reaching a well; and

(c) encourage restrictions on haulage routes for transportation of chemicals and volatile materials in wellhead protection areas and in areas of high aquifer vulnerability under section 29.  O. Reg. 140/02, s. 42 (1).

(2) A wellhead protection area shall identify zones of contribution corresponding to,

(a) zero to two years of time of travel;

(b) two to ten years of time of travel; and

(c) 10 to 25 years of time of travel.  O. Reg. 140/02, s. 42 (2).

(3) Every regional municipality shall comply with clause (1) (a) on or before April 22, 2003.  O. Reg. 140/02, s. 42 (3).

(4) Every municipality other than a regional municipality shall comply with clause (1) (a) on or before October 22, 2003.  O. Reg. 140/02, s. 42 (4).

(5) Every municipality shall comply with clause (1) (b) on or before April 23, 2007.  O. Reg. 140/02, s. 42 (5).

Sewage and water services

43. (1) An application for major development shall be accompanied by a sewage and water system plan that demonstrates,

(a) that the ecological integrity of hydrological features and key natural heritage features will be maintained;

(b) that the quantity and quality of groundwater and surface water will be maintained;

(c) that stream baseflows will be maintained;

(d) that the project will comply with the applicable watershed plan and water budget and conservation plan; and

Note: On July 1, 2017, clause 43 (1) (d) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 33)

(d) that the project will comply with any applicable watershed plan, water budget, water conservation plan, water and wastewater master plan or subwatershed plan;

(d.1) that the assimilative capacity of receiving lakes, rivers or streams with respect to sewage from surrounding areas will not be exceeded and the attenuation capacity of groundwater with respect to subsurface sewage service systems will not be exceeded; and

(e) that the water use projected for the development will be sustainable.  O. Reg. 140/02, s. 43 (1).

(2) Water and sewer service trenches shall be planned, designed and constructed so as to keep disruption of the natural groundwater flow to a minimum.  O. Reg. 140/02, s. 43 (2).

Partial services

44. (1) The construction or expansion of partial services is prohibited.  O. Reg. 140/02, s. 44 (1).

(2) Subsection (1) does not apply to prevent the construction or expansion of partial services that is necessary to address a serious health concern or environmental concern.  O. Reg. 140/02, s. 44 (2).

(3) Subsection (1) does not apply to prevent the construction or expansion of partial services if,

(a) the construction or expansion was approved under the Environmental Assessment Act before November 17, 2001; and

(b) the period of time during which the construction or expansion may begin has not expired.  O. Reg. 140/02, s. 44 (3).

(4) Subsection (1) does not apply to prevent the construction or expansion of partial services in the Palgrave Estate Residential Community as shown on the land use designation map referred to in section 2.  O. Reg. 140/02, s. 44 (4).

Stormwater management

Note: On July 1, 2017, section 45 of the Regulation is amended by adding the following subsections: (See: O. Reg. 141/17, s. 34 (1))

45. (0.1) Every municipality shall develop stormwater master plans and stormwater management plans for Settlement Areas. O. Reg. 141/17, s. 34 (1).

(0.2) A stormwater master plan referred to in subsection (0.1) shall,

(a) be based on the appropriate watershed scale studies;

(b) incorporate appropriate low impact development techniques and green infrastructure elements; and

(c) identify opportunities for stormwater retrofits where appropriate. O. Reg. 141/17, s. 34 (1).

45. (1) An application for major development shall be accompanied by a stormwater management plan, as set out in section 46.  O. Reg. 140/02, s. 45 (1).

(2) Every application for development or site alteration shall demonstrate that planning, design and construction practices that protect water resources will be used, including,

(a) keeping the removal of vegetation, grading and soil compaction to a minimum;

(b) keeping all sediment that is eroded during construction within the site;

(c) seeding or sodding exposed soils as soon as possible after construction; and

(d) keeping chemical applications to suppress dust and control pests and vegetation to a minimum.  O. Reg. 140/02, s. 45 (2).

(3) In considering an application for development or site alteration, the municipality shall seek to reduce areas with impervious surfaces and increase areas retained in a natural undisturbed state, in order to minimize stormwater volumes and contaminant loads.  O. Reg. 140/02, s. 45 (3).

Note: On July 1, 2017, subsection 45 (3) of the Regulation is amended by adding “and increase capacity to adapt to climate change” at the end. (See: O. Reg. 141/17, s. 34 (2))

(4) Municipal development standards shall incorporate planning, design and construction practices that will,

(a) reduce the portions of lots and sites that have impervious surfaces; and

(b) provide the flexibility to use alternative stormwater management techniques such as directing roof discharge to rear yard ponding areas and using grassed swales.  O. Reg. 140/02, s. 45 (4).

(5) Subsections (2), (3) and (4) do not apply to applications for mineral aggregate operations.  O. Reg. 140/02, s. 45 (5).

(6) For the purposes of stormwater management, the minimum standard for water quality is that 80 per cent of suspended solids shall be removed from stormwater runoff as a long-term average.  O. Reg. 140/02, s. 45 (6).

(7) Despite anything else in this Plan, disposal of stormwater into a kettle lake is prohibited.  O. Reg. 140/02, s. 45 (7).

(8) Despite anything else in this Plan, new stormwater management ponds are prohibited with respect to land in key natural heritage features and hydrologically sensitive features.  O. Reg. 140/02, s. 45 (8).

Note: On July 1, 2017, subsection 45 (8) of the Regulation is amended by striking out “hydrologically sensitive features” at the end and substituting “key hydrologic features”. (See: O. Reg. 141/17, s. 34 (3))

(9) In subsection (8),

“stormwater management pond” means a detention basin that temporarily stores or treats collected stormwater runoff and releases it at a controlled rate.  O. Reg. 140/02, s. 45 (9).

Stormwater management plans

46. (1) The objectives of a stormwater management plan are to,

(a) maintain groundwater quantity and flow and stream baseflow;

(b) protect water quality;

(c) protect aquatic species and their habitat;

(d) prevent increases in stream channel erosion; and

(e) prevent any increase in flood risk.  O. Reg. 140/02, s. 46 (1).

Note: On July 1, 2017, subsection 46 (1) of the Regulation is amended by striking out “and” at the end of clause (d) and adding the following clauses: (See: O. Reg. 141/17, s. 35 (1))

(f) minimize the disruption of natural drainage patterns wherever possible; and

(g) address climate change impacts by mitigating the potential flood risks associated with increased precipitation.

(2) A stormwater management plan shall provide for an integrated treatment train approach that uses a planned sequence of methods of controlling stormwater and keeping its impact to a minimum by techniques including, without limitation,

(a) lot level controls such as devices and designs that direct roof discharge to rear yard ponding areas;

(b) conveyance controls such as grassed swales; and

(c) end-of-pipe controls such as wet ponds at the final discharge stage.  O. Reg. 140/02, s. 46 (2).

Note: On July 1, 2017, subsection 46 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 141/17, s. 35 (2))

(2) A stormwater management plan shall provide for an integrated treatment train approach to stormwater management that,

(a) minimizes stormwater flows and reliance on end-of-pipe controls by using a sequence of measures including,

(i) source controls,

(ii) lot-level controls such as devices and designs that direct roof discharge, and

(iii) conveyance techniques such as grass swales; and

(b) increases the municipality’s capacity to adapt to climate change. O. Reg. 141/17, s. 35 (2).

(3) A stormwater management plan shall be prepared in accordance with the applicable watershed plan under section 24, if one exists.  O. Reg. 140/02, s. 46 (3).

Note: On July 1, 2017, section 46 of the Regulation is amended by adding the following subsection: (See: O. Reg. 141/17, s. 35 (3))

(4) Every municipality shall retrofit existing stormwater management works where necessary and to the extent it is feasible to do so. O. Reg. 141/17, s. 35 (3).

Rapid infiltration basins and columns

47. (1) Despite anything else in this Plan, new rapid infiltration basins and new rapid infiltration columns are prohibited.  O. Reg. 140/02, s. 47 (1).

(2) In subsection (1),

“rapid infiltration basin” means a basin or system of basins at or below surface grade that is constructed in porous soil and punctures through a relatively impermeable layer to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff collected from impervious surfaces;

“rapid infiltration column” means a column or system of columns at or below surface grade that is constructed in porous soil and punctures through a relatively impermeable layer to gain access to a more permeable sand or gravel layer, so as to rapidly infiltrate into the ground, at a single point or area of concentration, surface runoff collected from impervious surfaces.  O. Reg. 140/02, s. 47 (2).

Note: On July 1, 2017, the Regulation is amended by adding the following section: (See: O. Reg. 141/17, s. 36)

Waste disposal sites, etc.

47.1 Despite anything else in this Plan, new waste disposal sites and facilities and organic soil conditioning sites are prohibited in Natural Core Areas, Natural Linkage Areas, key natural heritage features and key hydrologic features and related vegetation protection zones. O. Reg. 141/17, s. 36.

PART V
PRESCRIBED PROVISIONS

Prescribed provisions, subs. 15 (2) of Act

48. With respect to land in the Natural Core Areas, Natural Linkage Areas and Countryside Areas, the following provisions are prescribed for the purposes of subsection 15 (2) of the Act:

Sections 20, 22, 23 and 26

Clause 43 (1) (b)

Subsections 45 (7) and (8)

Section 47

O. Reg. 140/02, s. 48.

49. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 140/02, s. 49.

 

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