Duffins Rouge Agricultural Preserve Act, 2005, S.O. 2005, c. 30 - Bill 16Skip to content
This Explanatory Note was written as a reader’s aid to Bill 16 and does not form part of the law. Bill 16 has been enacted as Chapter 30 of the Statutes of Ontario, 2005.
The Bill overrides any agreement or court order that invalidates an easement or covenant given or entered into under the Conservation Land Act on or before February 28, 2005 with respect to land in the area described in Schedule 1.
The Bill amends the Conservation Land Act to allow an easement or covenant under the Act to be for the conservation, preservation or protection of land for agricultural purposes. An easement or covenant under the Act is valid for the term specified in it and cannot be amended or released without the consent of the Minister of Natural Resources.
An Act respecting the
Duffins Rouge Agricultural Preserve
Assented to December 15, 2005
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. In this Act,
“person” includes the Crown and its employees and agents, members of the Executive Council and conservation bodies as defined in subsection 3 (1) of the Conservation Land Act and their employees and agents.
2. (1) The following shall be deemed to be valid despite any agreement, instrument registered against the affected land or court order to the contrary:
1. All easements that an owner of land granted or purportedly granted to a conservation body under the Conservation Land Act on or before February 28, 2005 with respect to land in the area described in Schedule 1.
2. All covenants that an owner of land entered into or purportedly entered into with a conservation body under the Conservation Land Act on or before February 28, 2005 with respect to land in the area described in Schedule 1.
Registration of notice
(2) The Minister under the Conservation Land Act may register a notice of this section against the affected land in the proper land registry office.
Limitations on remedies
3. (1) No cause of action arises as a direct or indirect result of,
(a) the enactment or repeal of any provision of this Act;
(b) anything done or not done in accordance with this Act.
(2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything mentioned in subsection (1).
(3) No proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything mentioned in subsection (1) may be brought or maintained against any person.
(4) Subsection (3) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before or after the coming into force of this Act.
Proceedings set aside
(5) Any proceeding mentioned in subsection (3) commenced before the day this Act comes into force shall be deemed to have been dismissed, without costs, on the day this Act comes into force.
No expropriation or injurious affection
(6) Nothing done or not done in accordance with this Act constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.
Conservation Land Act
4. (1) Subsection 3 (2) of the Conservation Land Act is amended by striking out “or” at the end of clause (a) and by repealing clause (b) and substituting the following:
(b) for the conservation, preservation or protection of the land for agricultural purposes; or
(c) for access to the land for the purposes described in clause (a) or (b).
(2) Section 3 of the Act is amended by adding the following subsections:
(4.1) The easement or covenant is valid for the term specified in it.
(4.2) The owner of the land affected by the easement or covenant shall not amend the easement or covenant without the consent of the Minister.
(4.3) The conservation body or assignee shall not release the easement or covenant without the consent of the Minister.
Notice to Crown
(4.4) No person shall commence a proceeding to amend or release the easement or covenant without giving notice to the Minister.
(3) Subsection 3 (9) of the Act is amended by adding “Subject to subsections (4.2), (4.3) and (4.4)” at the beginning.
Commencement and Short Title
5. This Act comes into force on the day it receives Royal Assent.
6. The short title of this Act is the Duffins Rouge Agricultural Preserve Act, 2005.
Those lands in the City of Pickering, in The Regional Municipality of Durham, in the Province of Ontario, that are outlined in red on map number 210 identified by the Registrar of Regulations Office on April 22, 2003 and filed at the Toronto office of the Ministry of Municipal Affairs and Housing located at 777 Bay Street.