Policy Text:
The policy applies to all other policies contained in the Source Protection Plan for all activities and in all vulnerable areas described in those policies.
Where the term ‘existing activity’ is used in a source protection plan policy, the term
shall be interpreted to include:
1) an activity that existed or occurred on a property on the day prior to the
effective date of the Source Protection Plan; or
2) an activity that occurs seasonally or occasionally on the property and the
activity has occurred at some point within the four years prior to the effective
date of the Source Protection Plan; or
3) an activity where an application for one of the following approvals had been
submitted to the approval authority prior to the effective date of the Source
Protection Plan and a decision was pending or had been granted as of the
effective date of the Source Protection Plan:
a) an approval under one of the prescribed instruments (as defined by s. 1.0.1
of O.Reg 287/07); or
b) a building permit under the Building Code; or
c) an approval under the Planning Act or Condominium Act, including:
i. a request for an official plan amendment;
ii. an application for an amendment to a zoning by-law;
iii. an application for an approval of development in a site plan control area under subsection 41 (4) of the Planning Act;
iv. an application for a minor variance under section 45 of the Planning
Act;
v. an application to amend or revoke an order under section 47 of the
Planning Act;
vi. an application for the approval of a plan of subdivision under section
51 of the Planning Act;
vii. an application for a consent under section 53 of the Planning Act
viii. an application for the approval of, or an exemption from an approval
of, a condominium under section 9 of the Condominium Act, 1998;
Where an activity is considered to be an existing activity under clause (3) above:
A. other approvals as described by clauses 3(a) to 3(c) above which are necessary
for the activity may be granted by the approval authority at any time within
five years of the effective date of the Source Protection Plan.
Where the term ‘future activity’ is used in a source protection plan policy, the term
shall be interpreted to include:
i) activities that were not in existence prior to the effective date of the Source
Protection Plan, except as described in clauses (1) to (3) above;
ii) activities that commence on or after the effective date of the Source
Protection Plan, except as described in clauses (3) above;
iii) activities proposed on or after the effective date of the Source Protection Plan;
iv) activities where an application for an approval under one of the prescribed
instruments (as defined by s. 1.0.1 of O.Reg 287/07) is submitted on or after
the effective date of the Source Protection Plan, except when allowed under
clause 3(a) above;
v) activities where an application for a building permit under the Building Code is
submitted on or after the effective date of the first Source Protection Plan, except when allowed under clause 3(b) above;
vi) activities where an application for an approval under the Planning Act or
Condominium Act is submitted on or after the effective date of the first Source
Protection Plan, except when allowed under clause 3(c) above.
The policy takes effect on the effective date of the Source Protection Plan.