Regulation - LGIC
Regulation detailing new Minister's Permit and Review powers under the Conservation Authorities Act
Regulation Number(s):
-
Instrument Type:
Regulation - LGIC
Bill or Act:
Conservation Authorities Act
Summary of Decision:
A new regulation has been made specifying the circumstances under which the Minister of Natural Resources ("Minister") may issue an order to prevent a conservation authority from making a permitting decision and make the permitting decision in place of a conservation authority ("Minister's permit") or undertake a review of a conservation authority permitting decision ("Minister's review").
Please read the decision notice 019-8320 - Regulation detailing new Minister's Permit and Review powers under the Conservation Authorities Act on the Environmental Registry for additional information on the changes made.
Please read the decision notice 019-8320 - Regulation detailing new Minister's Permit and Review powers under the Conservation Authorities Act on the Environmental Registry for additional information on the changes made.
Analysis of Regulatory Impact:
The request for Minister's intervention, either for a Minister's permit or Minister's review, is voluntary and at the discretion of the proponent. As there is no legislative or regulatory requirement for proponents to request the Minister's intervention, and as proponents may continue to submit a permit application to the conservation authority, or appeal a conservation authority's permitting decision to the Ontario Land Tribunal, there are no new costs or savings being imposed upon proponents by the approved approach. However, if a proponent does choose to make a request, the regulation is expected to clarify the process for proponents, potentially saving them time and resources as compared to if there were no regulation detailing these application requirements.
Overall, while the regulation does not present new costs or cost savings to proponents, where proponents have elected to pursue the Minister's intervention, the approach is anticipated to have a net positive impact by saving proponents some time and resources in navigating the new permitting and review options.
Overall, while the regulation does not present new costs or cost savings to proponents, where proponents have elected to pursue the Minister's intervention, the approach is anticipated to have a net positive impact by saving proponents some time and resources in navigating the new permitting and review options.
Further Information:
Link to Environmental Registry
Proposal Number:
24-MNRF003
Posting Date:
April 5, 2024
Summary of Proposal:
Conservation authorities regulate development and other activities through a permitting process under the Conservation Authorities Act for the purposes of natural hazard management and to protect people and property from natural hazards, such as flooding and erosion. Each conservation authority implements the permitting framework based on provincial legislation, regulatory requirements, and technical standards, as well as conservation authority board-approved policies that outline how the conservation authority administers regulations locally.
Recently proclaimed provisions in the Conservation Authorities Act and associated regulations will come into effect on April 1, 2024, including new powers for the Minister to 1) issue an order to prevent a conservation authority from issuing a permit and to take over the permitting process in the place of a conservation authority, and 2) review a conservation authority permit decision at the request of the applicant.
The Ministry is proposing a regulation which would set out the circumstances under which these powers could be used. If the regulation is approved, public guidance would be made available on the criteria and processes outlined in the regulation.
Recently proclaimed provisions in the Conservation Authorities Act and associated regulations will come into effect on April 1, 2024, including new powers for the Minister to 1) issue an order to prevent a conservation authority from issuing a permit and to take over the permitting process in the place of a conservation authority, and 2) review a conservation authority permit decision at the request of the applicant.
The Ministry is proposing a regulation which would set out the circumstances under which these powers could be used. If the regulation is approved, public guidance would be made available on the criteria and processes outlined in the regulation.
Contact Address:
Effective Date:
January 1, 2025
Decision:
Approved