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 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.
Analysis of Regulatory Impact:
By clearly communicating the circumstances under which the Minister would consider whether to issue an order and make permitting decisions in place of a conservation authority or to review a conservation authority permitting decision, this proposal would ensure that development proponents pursue the appropriate permitting channel. Efficiently navigating the permitting process is expected to save proponents time and resources. We expect that there will be some minor administrative costs for development proponents based on the time needed to learn about and understand the proposed changes
Further Information:
Link to Environmental Registry
Proposal Number:
24-MNRF003
Posting Date:
April 5, 2024
Comments Due Date:
May 6, 2024