Regulation - Minister

Proposed Amendments to Conservation Authority Regulations made and approved under Section 28 of the Conservation Authorities Act

Regulation Number(s):
Ont. Regulations 42, 146, 147, 148, 150, 151, 152, 153, 155, 156, 157, 158, 159, 160, 161, 162
163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 174, 175, 176, 177, 178, 179,
180, 181, 182, 319
Instrument Type:
Regulation - Minister
Bill or Act:
Conservation Authorities Act
Summary of Decision:
O. Reg 180/06O. Reg 171A decision was made on February 6, 2013 to amend the 36 conservation authority regulations made under section 28 of the Conservation Authorities Act (1990) titled: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses and which include Ontario Regulations 42, 146, 147, 148, 150, 151, 152, 153, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 174, 175, 176, 177, 178, 179, 180, 181, 182, 319.

The amendments were implemented through 36 new amending regulations (Ontario Regulations 49/13, 50/13, 51/13, 52/13, 53/13, 54/13, 55/13, 56/13, 57/13, 58/13, 59/13, 60/13, 61/13, 62/13, 63/13, 64/13, 65/13, 66/13, 67/13, 68/13, 69/13, 70/13, 71/13, 72/13, 73/13, 74/13, 75/13, 76/13, 77/13, 78/13, 79/13, 80/13, 81/13, 82/13, 83/13, 84/13) titled: Ontario Regulation(s) made under the Conservation Authorities Act amending Ontario Regulation(s) 42, 146, 147, 148, 150, 151, 152, 153, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 174, 175, 176, 177, 178, 179, 180, 181, 182, 319.
The amending regulations were filed on February 8, 2013 by the Registrar of Regulations, published on e-Laws on February 11, 2013 and printed in The Ontario Gazette on February 23, 2013.
Further Information:
Proposal Number:
11-MNR018
Posting Date:
December 19, 2011
Summary of Proposal:
As part of the government's Open for Business initiative, the Ontario Ministry of Natural Resources (MNR) is proposing regulatory amendments to Section 28 of the Conservation Authorities Act to streamline conservation authority permitting process. Amendments also support compliance with timelines for permit application decisions now required by the Policies and Procedures for Conservation Authority Plan Review and Permitting Activities.

Conservation authorities are municipally-based public sector organizations established under the Conservation Authorities Act (1990) which is administered by the MNR. As of 1946, the Act has enabled municipalities to join with the Province to create a conservation authority to undertake a program in resource management at a watershed scale.

Each of the 36 conservation authorities has developed a regulation that conformed to Ontario Regulation 97/04 of the Conservation Authorities Act and was approved by the Minister. Under these regulations, conservation authorities regulate development in areas prone to water related natural hazards (i.e. flood plains) for impacts to the control of flooding, erosion, pollution or conservation of land. Activities are also regulated for interfering with a watercourse or a wetland.

Proposed amendments to Ontario Regulation 97/04 were posted on the Environmental Registry and the Regulatory Registry, approved and posted on eLaws in March 2011. Conservation authorities have now submitted their amended regulations to the MNR to conform to Ontario Regulation 97/04. The MNR is posting the intent of the proposed amendments to the individual conservation authority regulations for public consultation.

Amendments intended to streamline the permitting process include enabling the conservation authority to delegate positive permit approvals from the conservation authority board to senior staff and allowing a conservation authority to extend the maximum period of a permit from 24 months to 60 months under certain criteria and conditions.

Also being considered are amendments that do not expand any regulatory authority either in the considerations for a permit or in the regulated area of the permit. These include deleting a phrase that led to interpretations of the regulation inconsistent with legislative intent, allowing a land owner's agent to sign a permit application on the owner's behalf and enabling the conservation authority to request technical studies and plans as required by the circumstances of the permit application. Minor edits are proposed to remove the need to amend the regulations for routine updates. These amendments include deletion of dates on studies and on the regulation limit mapping, and the deletion of an authority's street address.
Contact Address:
Elizabeth Mikel, A/Senior Policy Advisor
Ministry of Natural Resources
Policy Division
Biodiversity Branch
Great Lakes & Water Policy Section
300 Water Street
Floor 5 South
Peterborough Ontario
K9J 8M5

Phone: (705) 755-1229
Fax: (705) 755-1957
Effective Date:
February 8, 2013
Decision:
Approved