This consultation was open from:
October 16, 2023
to November 30, 2023
Decision summary
The government has made changes that restore the 15 areas of land that were redesignated or removed from the Greenbelt in December 2022. The Greenbelt Statute Law Amendment Act, 2023 also ensures that any future changes to the Greenbelt boundary can only be made through legislation.
Decision details
Bill 136, the Greenbelt Statute Law Amendment Act, 2023, was introduced in the legislature on October 16, 2023, and received Royal Assent on December 6, 2023.
Public consultation on this proposal was held from October 16, 2023, through November 30, 2023 (45 days). Minor administrative amendments were made to the proposed bill through the Standing Committee process.
Context
As part of changes finalized in December 2022, the government removed or redesignated 15 areas of land totaling approximately 7,400 acres from the Greenbelt Area (ERO 019-6216).
This legislation fulfills the government’s commitment to fully restore these lands and provide protections to the Greenbelt moving forward. At the same time, the government remains committed to addressing Ontario’s housing supply crisis and working with municipalities to achieve shared housing targets.
Summary of Changes
The Greenbelt Statute Law Amendment Act, 2023:
- Adds 15 sites back to the Greenbelt that were removed/redesignated in December 2022 by incorporating the description of the Greenbelt Area and Oak Ridges Moraine Area boundaries directly into the legislation
- Eliminates the authority to add or remove lands to/from the Greenbelt Area and Oak Ridges Moraine Area by regulation so that any future amendments to these Areas would require legislative change to the Greenbelt Act, 2005 or the Oak Ridges Moraine Conservation Act, 2001
- Revokes the existing Greenbelt Area boundary regulation (Ontario Regulation 59/05) and the existing regulation that designates the Oak Ridges Moraine Area (Ontario Regulation 1/02)
- Reverses the 2022 redesignation of lands to Settlement Area in the Oak Ridges Moraine Conservation Plan
- Provides for a concurrent amendment to the Greenbelt Plan's land use schedules to restore the same protections to lands that they had before the 2022 amendment
- Continues to provide that no Plan amendments can be made that would reduce the total area in the Greenbelt Plan
- Restores the same protections for easements and covenants on the lands in the Duffins Rouge Agricultural Preserve that they had before the 2022 amendment, and
- Strengthens immunity provisions.
The Greenbelt Area is shown on Schedules 1-4 and Appendices I-II of the Greenbelt Plan, which also show the land use designations, including the Protected Countryside and Urban River Valley areas, of the Greenbelt Plan. All survey maps should be read in conjunction with section 2 of the Greenbelt Act, 2005. Please visit Greenbelt Maps to see the current Greenbelt Area.
The Oak Ridges Moraine Conservation Plan land use designation map shows the land use designations including Natural Core Areas, Natural Linkage Areas, Countryside Areas and Settlement Areas as defined by the Oak Ridges Moraine Conservation Plan. All survey maps should be read in conjunction with section 2 of the Oak Ridges Moraine Conservation Act, 2001. Please visit Oak Ridges Moraine Maps to see the current Oak Ridges Moraine Area.
More information on the changes to the Duffins Rouge Agricultural Preserve lands can be found at:
Connection to ERO 019-7561
A September 2023 ERO posting proposed to return lands in Ajax to the Greenbelt through an amendment to the Greenbelt Plan and Greenbelt Area boundary regulation (O. Reg. 59/05). Those lands have instead been returned using the legislative mechanisms described here. More information on how the September 2023 proposal has been resolved can be found at ERO 019-7561 and 019-7562.
December 2022 Additions
The additions to the Greenbelt done as part of the December 2022 amendments are maintained through this legislation. This includes 13 new or expanded Urban River Valley areas and a portion of lands in the Paris Galt Moraine, totalling approximately 9,400 acres. Mapping of these areas can be found at Greenbelt Maps.
Legislation Details
Changes have been made to the following legislation through Bill 136:
Greenbelt Act, 2005
- Re-enacts section 2 of the Greenbelt Act, 2005 so that the Greenbelt Area would be specified in legislation and would include the lands that had been removed from the Area on December 14, 2022. The authority to make regulations for future additions/removals of lands from the Greenbelt Area by the Lieutenant Governor in Council has also been repealed. Going forward, any proposed changes to the Greenbelt boundary would require the approval of the Ontario Legislature through an open, public and transparent legislative process.
- Introduces a new section to the Act, 14.1, to restore the application of the Greenbelt Plan to the 15 areas of land that were removed or redesignated in 2022, while maintaining the 2022 lands that were added at the same time.
- Re-enacts and enhances section 19 of the Greenbelt Act, 2005 to ensure the province has no legal liability for restoring these lands to the Greenbelt or any other matters related to the Greenbelt regardless of what has been said or done by current or former government officials.
Oak Ridges Moraine Conservation Act, 2001
- Re-enacts section 2 of the Oak Ridges Moraine Conservation Act, 2001 so that the authority to make regulations for future additions/removals of lands from the Oak Ridges Moraine Area by the Lieutenant Governor in Council is repealed. Going forward, any proposed changes to the Oak Ridges Moraine boundary would require the approval of the Ontario Legislature through an open, public and transparent legislative process.
- Re-enacts and enhances section 20 of the Oak Ridges Moraine Conservation Act, 2001 to ensure the province has no legal liability for matters related to the Oak Ridges Moraine Conservation Act, 2001.
- Introduces a new section to the Act, 26, to restore the designation of land that was redesignated in 2022.
Ministry of Municipal Affairs and Housing Act
- Enhances section 7 of the Ministry of Municipal Affairs and Housing Act to expand liability protections for provincial officials.
Amendments
Through consideration of the Bill at Standing Committee, changes were made to ensure consistency in the French language version of Bill 136.
Effects of consultation
Summary of Comments
The comments received are overall supportive of the proposal with key themes described below:
- Supportive comments cite the need for permanent protection of wetlands, farmlands, water sources, habitats and natural heritage features, mainly for future generations’ needs and climate change resilience.
- Many comments note the need for intensification instead of low density development and submit that Greenbelt land is not needed to provide more housing.
- Concerns with the limitation of liability language, and the original Greenbelt land removals in 2022.
- Some note that the legislative process does not necessarily ensure a more transparent process.
- Most Greenbelt property owners who provided submissions request removal from the Greenbelt, particularly owners in the Grimsby, Book Road, Barton, Cherrywood, Vaughan lands.
- The County of Wellington and the Towns of Erin and Grimsby are not supportive of their lands being returned, or remaining in the Greenbelt, citing the need for lands to manage growth.
Recommendations for Bill 136:
- Remove provision that limits the Crown’s liability.
- Add language that prevents any future removal of land from the Greenbelt, i.e., only adding lands is permitted.
- Add language that prevents land swapping.
- Add language that mandates meaningful consultation with Indigenous communities and organizations.
- Add language that would halt developments in-progress on lands that are returned to the Greenbelt.
Effects of Consultation on this Decision
The Ministry appreciates the feedback received on the Greenbelt Statute Law Amendment Act, 2023. These submissions will also inform the next 10-year review, which must commence by 2025.
Amendments at Standing Committee ensured consistency in the French translation version of the Bill. No other changes were made to Bill 136 through the legislative process.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
13th Flr, 777 Bay St
Toronto,
ON
M7A 2J3
Canada
Connect with us
Contact
greenbeltconsultation@ontario.ca
Original proposal
Proposal details
In December 2022, in order to accommodate Ontario’s expected growth and support the building of more homes, the government removed or redesignated 15 areas of land totaling approximately 7,400 acres from the edge of the Greenbelt Area (ERO Posting 019-6216: Proposed Amendments to the Greenbelt Plan). At the same time, a portion of the Paris Galt Moraine was added to the Greenbelt, along with 13 Urban River Valley areas (see ERO Posting 019-4485: Growing the size of the Greenbelt), totaling 9,400 acres, for an overall expansion of approximately 2000 acres.
The government has acknowledged that the process for the 2022 Greenbelt removals was too fast and not sufficiently transparent.
In response to the feedback from Indigenous communities, the public, municipalities and stakeholders the government has introduced proposed legislative amendments that would:
Add 15 sites back to the Greenbelt that were removed/redesignated in December 2022 by incorporating the description of the Greenbelt Area and Oak Ridges Moraine Area boundaries directly into the legislation
- Eliminate the authority to add or remove lands to/from the Greenbelt Area and Oak Ridges Moraine Area by regulation so that any future amendments to these Areas would require legislative change to the Greenbelt Act or the Oak Ridges Moraine Conservation Act
- Revoke the existing Greenbelt Area boundary regulation (Ontario Regulation 59/05) and the existing regulation that designates the Oak Ridges Moraine Area (Ontario Regulation 1/02)
- Undo the redesignation of lands to Settlement Area in the Oak Ridges Moraine Conservation Plan
- Provide for a concurrent amendment to the Greenbelt Plan's land use schedules to restore the same protections to lands that they had before the 2022 amendment
- Continue to provide that no Plan amendments can be made that would reduce the total area in the Greenbelt Plan
- Reverse the repeal of the Duffins Rouge Agricultural Preserve Act, 2005
- Restore the same protections for easements and covenants on the lands in the Duffins Rouge Agricultural Preserve that they had before the 2022 amendment, and
- Strengthen immunity provisions.
The amendments, if passed, will maintain the lands added to the Greenbelt in 2022, which includes a total of 9,400 acres (13 additions of Urban River Valley areas and lands in the Paris Galt Moraine area).This bill would fulfill the government’s commitment to fully restore these lands and provide protections to the Greenbelt moving forward. At the same time, the government remains committed to addressing Ontario’s housing supply crisis and working with municipalities to achieve our shared housing targets.
Further information on the legislative proposal can be found on the Environmental Registry of Ontario (ERO) at:
Information on and mapping related to the 2022 decision to amend the Greenbelt Plan and Oak Ridges Moraine Conservation Plan can be found here:
Summary of Proposed Changes
Greenbelt Act, 2005
The proposed changes would:
- Re-enact section 2 of the Greenbelt Act, 2005 so that the Greenbelt Area would be specified in legislation and would include the lands that had been removed from the Area on December 14, 2022. The authority to make regulatory amendments for future additions/removals of lands from the Greenbelt Area by the Lieutenant Governor in Council would also be repealed. Going forward, any proposed changes to the Greenbelt boundary would require the approval of the Ontario Legislature through an open, public and transparent legislative process.
- Introduce a new section to the Act, 14.1, to restore the application of the Greenbelt Plan to the 15 areas of land that were removed or redesignated in 2022, while maintaining the 2022 lands that were added at the same time.
- Re-enact and enhance section 19 of the Greenbelt Act, 2005 to ensure the province has no legal liability for matters related to the Greenbelt Act.
Ministry of Municipal Affairs and Housing Act
The proposed changes would expand protections from liability.
Oak Ridges Moraine Conservation Act, 2001
The proposed changes would:
- Re-enact section 2 of the Oak Ridges Moraine Conservation Act, 2001 so that the authority to make regulatory amendments for future additions/removals of lands from the Greenbelt Area by the Lieutenant Governor in Council would be repealed. Going forward, any proposed changes to the Oak Ridges Moraine boundary would require the approval of the Ontario Legislature through an open, public and transparent legislative process.
- Re-enact and enhance section 20 of the Oak Ridges Moraine Conservation Act, 2001 to ensure the province has no legal liability for matters related to the Oak Ridges Moraine Conservation Act.
- Introduce a new section to the Act, 26, to restore the designation of land that was redesignated in 2022.
Analysis of Regulatory Impact
There is minimal direct compliance or reporting requirements associated with this proposal, and these are limited to municipal staff costs to update official plans to reflect the proposed changes to provincial plans. This proposal would support the continuation of a consistent regulatory environment for people and businesses in the Greenbelt Area.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
13th Flr, 777 Bay St
Toronto,
ON
M7A 2J3
Canada
Comment
Commenting is now closed.
This consultation was open from October 16, 2023
to November 30, 2023
Comments received
Through the registry
444By email
2,394By mail
0