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O. Reg. 254/23: PRESCRIBED AREAS - SECTION 41 OF THE ACT
filed August 9, 2023 under Planning Act, R.S.O. 1990, c. P.13
Skip to contentontario regulation 254/23
made under the
Planning Act
Made: August 8, 2023
Filed: August 9, 2023
Published on e-Laws: August 10, 2023
Published in The Ontario Gazette: August 26, 2023
Prescribed areas – section 41 of the Act
Prescribed areas
1. (1) The following areas are prescribed for the purposes of subsection 41 (1.2) of the Act:
1. Any area that is within 300 metres of a railway line other than a railway line set out in subsection (2).
2. Any area that is within 120 metres of,
i. a wetland,
ii. the shoreline of the Great Lakes-St. Lawrence River System,
iii. an inland lake, or
iv. a river or stream valley that has depressional features associated with a river or stream, whether or not it contains a watercourse.
(2) For the purposes of paragraph 1 of subsection (1), a railway line excludes,
(a) a railway line to which the Canada Transportation Act (Canada) applies and whose operations have been discontinued under section 146 of that Act;
(b) an abandoned railway line to which the Canada Transportation Act (Canada) does not apply; and
(c) a railway line on which the only railway that operates is an urban rail transit system.
(3) Subsection (1) does not apply in respect of any development for which a building permit has been issued on or before August 9, 2023.
Commencement
2. This Regulation comes into force on the day it is filed.
Le ministre des Affaires municipales et du Logement,
Steve Clark
Minister of Municipal Affairs and Housing
Date made: August 8, 2023
Pris le : 8 août 2023