MC Board reviews changes to Conservation Authority Act

MAITLAND VALLEY – The Maitland Conservation (MC) board of directors reviewed the results of the new singular Conservation Authority Regulations that now replaces MVCA’s previous Regulations (Ontario Regulation 164/06 and R.R.O. Reg 117) and associated changes to the Conservation Authorities Act at the regular MC board meeting on April 17.

Supervisor of Planning and Regulations Patrick Huber-Kidby and Conservation Areas Coordinator Stewart Lockie presented a joint report to members outlining the changes.

“On February 16, 2024, a new Minister’s regulation (Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits and Ontario Regulation 688/21: Rules of Conduct in Conservation Areas) under the Conservation Authorities Act was approved by the province,” the report said. “The regulation’s effective date was April 1, 2024, as was the proclamation of associated sections within the Conservation Authorities Act. All changes are now in effect.

“This regulation will replace the existing individual ‘Development, Interference with Wetlands and Alterations to Shorelines and Watercourses’ regulation Ontario Regulations 164/06 held by the Maitland Valley Conservation Authority.”

Huber-Kidby reminded members that at the last meeting, a number of delegations were made so that staff could continue to issue permits for new applications, handle hearings, administer reviews, etc.

“There is a follow-up to that, which was expected,” said Huber-Kidby. So it is a class designation from the Ministry of Natural Resources that allows for the enforcement portions of the act.”

On March 20, the Minister of Natural Resources and Forestry restored a class designation to officers appointed under section 30.1 of the Conservation Authorities Act relating to offences under the Conservation Authorities Act (appointment attached).

Highlights / Updates:

- The Drainage Act and Conservation Authorities Act Protocol (DART Protocol) will effectively continue without the fee charged by the C.A. Conservation authorities will continue to provide documents and mitigation advice to municipalities to ensure appropriate mitigation measures are in place.

- The definition of watercourse and wetland has been revised to state that only wetlands directly connected to an open watercourse are included in the new regulation. This removes 2574 of 4766 currently identified wetlands located within MVCA’s area of jurisdiction (or 54 per cent) that were regulated in the previous regulation.

- Stop Orders (a.k.a. Stop Work Orders) are now a tool that conservation authorities can use to stop development and/or interference in regulated areas.

- The new regulation prescribes strict considerations for issuing permits within hazardous land, including that the Authority must be satisfied that “the activity is not likely to create conditions or circumstances that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property” this test was not present in Ontario Regulation 164/06 and provides for a stronger limitation on development activities that could possibly increase occupancy or

increase the substantial value of a real estate asset within hazardous land.

- Pre-submission consultations are a mandatory element of the application process if the applicant wishes. MVCA has voluntarily conducted such consultations previously and will continue to coordinate these with other agencies for the benefit of the applicant

- MVCA already reports on our permit review timelines to Conservation Ontario, but as per the new regulation, we will also post these annual statistics on our website.

The report said, “The Ministry of Natural Resources and Forestry has not responded to all policy inquiries to date but has provided additional guidance on how changes to previous municipal drainage approvals and protocols are to be handled.”

Alison Lobb (Central Huron) asked about the impacts of these changes, saying, “If you look back over, say, the last two years of the work you’ve done. If this were in place at that time, would you see it having a big impact on what you did or could do?”

‘Cooperative landowers’

“Honestly, I would say not,” Huber—Kirby responded. All in all, it’s a really great watershed and some very cooperative landowners…I think it’s going to be a pretty rare situation where a stop work order would aid us in our normal course of enforcement, and again, generally, we’re dealing with folks on all sides who want to be cooperative and do the right things.”

General Manager Phil Beard added, “Most of this is designed to address issues in the GTA and Toronto, where on the weekends, they have trucks lined up to go and fill a little wetlands here and there… So that’s where the big issues are on both sides’ development and conservation. So we’re just kind of rural collateral, a deal-with-it sort of situation.

“But it shouldn’t impact us much. We don’t see too many people wanting to build in a wetland around here.”

Lockie provided information regarding the Ontario Regulation 688/21. His portion of the report said, “This regulation replaces regulation R.R.O. 1990, Regulation 117 and deals with Rules of Conduct in Conservation Areas.”

Highlights / Updates

- The definition of “officer” for enforcing the Rules of Conduct in Conservation Areas has been updated to indicate an officer is appointed by an authority under section 30.1 of the act. This designation of officers is the same for enforcing all offences under the Conservation Authorities Act.

- Permits (camping, land use, hunting, etc.) can be issued by the secretary-treasurer or another person appointed by the Authority or the executive committee. Staff issuing permits should be appointed by the Members to follow the C.A. Act requirements.

The following staff positions were appointed as officers under Section 30.1 of the Conservation Authorities Act:

- General Manager / Secretary-Treasurer;

- Supervisor of Planning & Reg-ulations;

- Regulations Officer & Environmental Planner/ Regulations Officer;

- Conservation Areas Coordinator;

- Falls Reserve CA Superintendent

- Falls Reserve CA Assistant Superintendent;

- Field Services Specialist;

- Park Patrol Officer;

- Park Security;

All Conservation Area employees were appointed to issue permits under Ontario Regulation 688/21.

MC staff will continue to attend meetings with the building and development departments of its member municipalities to communicate about these changes.

Additionally, staff will continue to monitor and incorporate guidance from Conservation Ontario and the Ministry of Natural Resources and Forestry into its regulatory working practices as that guidance is developed and issued.

Cory Bilyea, Local Journalism Initiative Reporter, Wingham Advance Times