OFA provides feedback on the proposed regulations detailing the new Minister’s Permit and Review powers under the Conservation Authorities Act.

The consultation posting (ERO # 019-8320) outlines the circumstances in which the Minister may 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/or review a conservation authority permit decision at the request of the applicant.

OFA believes that landowners and their properties deserve ongoing protections and services at current levels or greater, without bearing significant cost increases. Assurances must be provided that the Minister’s permit and review powers under the Conservation Authorities Act will ensure those same protections.

OFA raises questions regarding these regulations. Who will be responsible for reviewing and interpreting the very technical documents required to assess potential flooding, erosion or natural hazard risks, and interpret those results for the Minister, and at what cost to Ontario’s taxpayers? Will there be a requirement for the Minister’s approval to include a response to the CA’s concerns raised with the applications, or the conditions that may have originally been placed on the permit by the CA?

OFA wants to ensure a process is in place that does not default to the courts, for landowners who are negatively impacted by a nearby development. For example, a landowner whose property experiences flooding as a result of a new development should not have to seek recourse through the court system. Checks and balances need to be put in place to ensure that a permit issued by the Minister under this process will also adhere to land use planning policies. For example, how will the Minister ensure that any permits that they issue or influence will protect the agricultural systems in the area, as well as meet Minimum Distance Separation (MDS) criteria, recognize normal farm practices, and drainage and flooding implications?

Previous related OFA submissions:

December 23, 2022 – OFA submission to the Ministry of Natural Resources and Forestry regarding proposed regulatory updates to streamline approvals under the Conservation Authorities Act (ERO 019-2927)

November 17, 2022 – OFA submission to the Ontario Ministry of Natural Resources and Forestry regarding proposed legislative and regulatory changes to the Conservation Authority Act (ERO 019-6141)