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Section 1 [Interpretation]

Bill 139 introduced new defined terms, which are identified with (*).


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  • 1.(1) INTERPRETATION

    1. (1) In this Act,

  • “area of employment”

    “area of employment” means an area of land designated in an official plan for clusters of business and economic uses including, without limitation, the uses listed in subsection (5), or as otherwise prescribed by regulation; (“zone d’emploi”)

  • “area of settlement”

    “area of settlement” means an area of land designated in an official plan for urban uses including urban areas, urban policy areas, towns, villages, hamlets, rural clusters, rural settlement areas, urban systems, rural service centres or future urban use areas, or as otherwise prescribed by regulation; (“zone de peuplement”)
  • “committee of adjustment”

    “committee of adjustment” means a committee of adjustment constituted under section 44; (“comité de dérogation”)

  • “First Nation”

    “First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”)
  • "higher order transit" (*)

    "higher order transit" means transit that operates in whole or in part in a dedicated right of way, including heavy rail, light rail and buses; (“transport en commun d’un niveau supérieur”)

    Legislative History

    This definition was introduced through Bill 139.

    Wood Bull Commentary

    Bill 139 adds this as a new defined term to the Planning Act , as the amendments to section 16 provide that a municipality may include policies that identify the area surrounding and including an existing or planned higher order transit station or stop as a protected major transit station area.  The identification of major transit station area is a new concept in the Planning Act that has ramifications in terms of approval and/or appeal rights.

    The new definition for “Higher Order Transit” in the Planning Act  is similar to the definition in the Growth Plan for the Greater Golden Horseshoe (2017) (the “2017 Growth Plan”).  The 2017 Growth Plan defines “Higher Order Transit” as “transit that generally operates in partially or completely dedicated rights-of-way, outside of mixed traffic, and therefore can achieve levels of speed and reliability greater than mixed-traffic transit.  Higher order transit can include heavy rail (such as subways and inter-city rail), light rail, and buses in dedicated rights-of-way”. 

  • “land division committee”

    “land division committee” means a land division committee constituted under section 56; (“comité de morcellement des terres”)
  • “local appeal body”

    “local appeal body” means an appeal body for certain local land use planning matters, constituted under section 8.1; (“organisme d’appel local”)
  • “local board”

    “local board” means any school board, public utility commission, transportation commission, public library board, board of park management, board of health, police services board, planning board or any other board, commission, committee, body or local authority established or exercising any power or authority under any general or special Act with respect to any of the affairs or purposes of a municipality or of two or more municipalities or portions thereof; (“conseil local”)
  • “Minister”

    “Minister” means the Minister of Municipal Affairs and Housing; (“ministre”)
  • [“Municipal Board” (repealed)] (*)

    Legislative History

    Bill 139 repealed the definition of "Municipal Board".  

    Bill 139 replaced the Ontario Municipal Board with the Local Planning Appeal Tribunal (the "Tribunal").

  • “payment in lieu”

    “payment in lieu” means a payment of money in lieu of a conveyance otherwise required under section 42, 51.1 or 53; (“paiement tenant lieu de cession”)
  • “prescribed”

    “prescribed” means prescribed by the regulations;(“prescrit”)
  • "provincial plan" (*)

    “provincial plan” means,

    (a) the Greenbelt Plan established under section 3 of the Greenbelt Act, 2005

    (b) the Niagara Escarpment Plan established under section 3 of the Niagara Escarpment Planning and Development Act,

    (c) the Oak Ridges Moraine Conservation Plan established under section 3 of the Oak Ridges Moraine Conservation Act, 2001,

    (d) a development plan approved under the Ontario Planning and Development Act, 1994,

    (e) a growth plan approved under the Places to Grow Act, 2005

    (e.1) a designated policy as defined in section 2 of the Lake Simcoe Protection Act, 2008,

    (e.2) a designated policy as defined in section 3 of the Great Lakes Protection Act, 2015,

    (e.3) a designated Great Lakes policy or a significant threat policy, as those terms are defined in subsection 2 (1) of the Clean Water Act, 2006, or

    (f) a prescribed plan or policy or a prescribed provision of a prescribed plan or policy made or approved by the Lieutenant Governor in Council, a minister of the Crown, a ministry or a board, commission or agency of the Government of Ontario. (“plan provincial”)

    Legislative History

    Bill 139 added (e.1) to (e.3) regarding the Lake Simcoe Protection Act, 2008, the Great Lakes Protection Act, 2015, and the Clean Water Act, 2006

    Related Statutes

    Section 2 of the Lake Simcoe Protection Act, 2008 defines a "designated policy" as "a policy designated in the Lake Simcoe Protection Plan as a designated policy".

    Section 3 of the Great Lakes Protection Act, 2015 defines a "designated policy" as "a policy described in Schedule 1 that has been designated in an initiative under subsection 19(4)".  Schedule 1 of the Great Lakes Protection Act, 2015 describes the policies that may be included in an initiative and given legal effect for the purposes of one or more of the provisions of sections 20 to 24 of the Great Lakes Protection Act, 2015.

    Subsection 2(1) of the Clean Water Act, 2006 defines a "designated Great Lakes policy" as "a policy designated in a source protection plan as a designated Great Lakes policy".

    Subsection 2(1) of the Clean Water Act, 2006 defines a "significant threat policy" as,

    (a) a policy set out in a source protection plan that, for an area identified in the assessment report as an area where an activity is or would be a significant drinking water threat, is intended to achieve an objective referred to in paragraph 2 of subsection 22 (2), or

    (b) a policy set out in a source protection plan that, for an area identified in the assessment report as an area where a condition that results from a past activity is a significant drinking water threat, is intended to achieve the objective of ensuring that the condition ceases to be a significant drinking water threat.

  • “public body”

    “public body” means a municipality, a local board, a ministry, department, board, commission, agency or official of a provincial or federal government or a First Nation; (“organisme public”)
  • “public work”

    “public work” means any improvement of a structural nature or other undertaking that is within the jurisdiction of the council of a municipality or a local board; (“travaux publics”)
  • “regulations”

    “regulations” means regulations made under this Act; (“règlements”)
  • “renewable energy generation facility”

    “renewable energy generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production d’énergie renouvelable”)
  • “renewable energy project”

    “renewable energy project” has the same meaning as in the Green Energy Act, 2009; (“projet d’énergie renouvelable”)
  • “renewable energy testing facility”

    “renewable energy testing facility” has the same meaning as in the Green Energy Act, 2009; (“installation d’évaluation du potentiel en énergie renouvelable”)

 


Bill 139 received Royal Assent on 12 December 2017, and came into force on 3 April 2018, the day named by proclamation of the Lieutenant Governor. 

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Note: Material on the Wood Bull website is intended as general information and commentary.  Please consult the e-Laws website for the legislation.  In order to make these Wood Bull Guides useful resources, we welcome any comments and suggestions.  

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