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Home My WebLink AboutPSD-013-03 .v, 4"", .., t::~. ~~ _, '" ,"'; .... Cl~-!J!gron REPORT PLANNING SERVICES Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE ;fC}y &ftJo~-o3 File#: PLN 17,8.11 BY-laW#~3_0 r Monday, January 20, 2003 PSD-013-03 Subject: OAK RIDGES MORAINE CONSERVATION ACT- CONSERVATION AUTHORITIES AS MUNCIPAL AGENT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-013-03 be received; 2, THAT the by-law contained in Attachment 1 to this report be approved to recognize the Ganaraska Region Conservation Authority as an agent of the Municipality for the purposes of providing advice and comments on Planning Act issues within the Oak Ridges Moraine; and 3. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: (. Franklin Wu Chief Administrative Officer ~C~ --(J--k ' D id rome, M.C,I.P"R.P,P, Director. Planning Services CP*DC*df 15 January 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3AB T (905)623- 3379 F (905)623-0830 624 ,.... ";..-,. . REPORT NO.: PsD-013-03 PAGE 2 1.0 BACKGROUND 1,1 Bill 122, otherwise known as the Oak Ridges Moraine Conservation Act, is the enabling legislation of the ORM Conservation Plan. The Act sets out regulations that require, within a stipulated timeframe, both regional and local municipalities to prepare and adopt official plan amendments, and that local municipalities prepare and adopt zoning amendments to implement the ORM Conservation Plan. The Act places new policies and restrictions on properties located in the moraine area as it applies to the Planning Act and Condominium Act applications. 1.2 Section 20 of the ORM Conservation Act deals with indemnification and states that no cause of action may arise from the direct or indirect result of the application of any provision of the Act or its regulations, This section is defined as including the Crown, its employees and agents; members of Executive Council; and municipalities, their employees and agents, Conservation Authorities are not defined within this section, 1,3 Conservation Authorities advise the Municipality on Planning Act applications as a prescribed commenting agency. In addition the conservation authorities provide advice on various development enquiries and proposals. Inasmuch as the ORM Conservation Act does not appear to protect the Conservation Authority in its role of providing advice on planning applications within the Oak Ridges Moraine, the Ganaraska Region Conservation Authority has requested that Council acknowledge this designation by Council Resolution. 1.4 Staff discussed this issue with Central Lake Conservation Authority staff. CLOC advised that the issue has been a topic of discussion with the Conservation Authorities Coalition and they expect to pursue an approach to deal with the issue in conjunction with the Conservation Authorities Coalition, 625 ....~~. ~ . REPORT NO.: PsD-013-03 PAGE 3 2.0 COMMENTS 2,1 After reviewing Section 20 of the Act, it appears there may have been an oversight in drafting the legislation, which does not specify conservation authorities as being protected, Staff support the formal recognition of the conservation authority as agents of the Municipality, for the purposes of commenting on Planning Act and Condominium Act applications and providing advice on issues within the ORM. While GRCA want this clarified immediately, CLOC has requested that the Municipality not include them at this time. 3.0 CONCLUSION 3,1 It is recommended that Council adopt the resolution, recognizing the Ganaraska Region Conservation Authority as an agent of the Municipality of Clarington dealing with applications filed under the Planning Act or the Condominium Act or providing advise on issues within the Oak Ridges Moraine. Attachments: Attachment 1 - By-law Attachment 2 - Letter from GRCA Interested parties to be notified of Council's decision: Ganaraska Region Conservation Authority P.O, Box 328 Port Hope, ON L 1 A 3W4 626 "'-~ ATTACHMENT 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2003- being a by-law to recognize Ganaraska Region Conservation Authority as an agent of the Municipality for the purpose of reviewing applications under the Planning Act within the Oak Ridges Moraine WHEREAS Council of the Municipality of Clarington has considered report PSD-013-03 and finds it desirable to appoint the Ganaraska Region Conservation Authority as an agent of the Municipality as contemplated in Section 20 of Bill 122, an act to conserve the Oak Ridges Moraine by providing for the Oak Ridges Moraine Conservation Plan, NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enact as follows: 1, That Ganaraska Region Conservation Authority be appointed as an agent of the Municipality for review and comment on Planning Applications and provide advice on issues within the Oak Ridges Moraine, 2, That this By-law shall come into full force and effective immediately on the day of Final passing by Council. BY-LAW read a first time this th day of 2003 BY-LAW read a second time this th day of 2003 BY-LAW read a third time and finally passed this th day of 2003 John Mutton, Mayor Patti L. Barrie, Municipal Clerk 627 --~ ATTACHMENT 2 .- j. - ~~ ~~~ NOV 2 8 2002 November 26, 2002 GANARASKA REGION CONSERVATION A UTHORTTY MUNICIPALITY OF CLARINGTON ADMINISTRATOR'S OFFICE Mr. Frank Wu, CAO Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Dear Mr. Wu: Re: Oak Ridges Moraine Conservation Act Ganaraska Reaion Conservation Authoritv MuniciDal Aaent The province passed the Oak Ridges Moraine Conservation Act in December 2001. This Act places new policies and restrictions on properties in the moraine area as it applies to Planning Act and Condominium Act applications. Under Section 20 of the Act, no cause of action may arise from the direct or indirect result of application of any provision of the Act or its regulation. This covers the Crown, its employees and agents and municipalities, their employees and agents. Conservation Authorities are not defined within this section. The Conservation Authority does provide advice on Planning Act applications as a proscribed commenting agency, however the Oak Ridges Moraine Conservation Act and Oak Ridges Moraine Conservation Plan are separate pieces of legislation. Given that the Ganaraska Region Conservation Authority is following its mandate and providing advice on applications within your municipality on the Oak Ridges Moraine and does not appear to be protected in that role, the Conservation Authority requests its member municipalities designate it as a municipal agent for the purposes of this Act. The Conservation Authority requests that your municipality acknowledge this designation through correspondence or Council Resolution. If there are any questions regarding the above, please contact the undersigned or Rob Franklin, Planner. 8~s~~Ot General Manager, Secretary-Treasurer c.c. GRCA Board members Sheldon Laidman, MMAH ",..,".'0'.0,,,,. ~~. ': ;> .. ~ \. .; "l-~,;,-.",,-,,\,"< 6 ZIf.O, Box 328, Port Hope, ON LlA 3W4 Telephone: 905-885-8173 Fax: 905-885-9824 info@grca,on,ca B Ganaraska Forest Centre: 905-797-2721 Webslte: www.grca.on.ca