Submit Comments on Proposed Changes to the Conservation Authorities Act

Act Proposal Notice: Title: Proposed amendments to the Conservation Authorities Act as part of Bill (139), the the Building Better Communities and Conserving Watersheds Act, 2017.

EBR Registry Number:   013-0561 Ministry: Ministry of Natural Resources and Forestry Date Proposal loaded to the Registry: May 31, 2017

Comment Period: 30 days: submissions may be made between May 31, 2017 and June 30, 2017.

Description of Act: In order to ensure that the Conservation Authorities Act is meeting the needs of Ontarians in a modern context, the Ministry of Natural Resources and Forestry (MNRF) has, with input from Stakeholders, Indigenous communities and the general public, undertaken an extensive review of the roles, responsibilities, funding and governance of conservation authorities in the context of natural resource management. In the coming weeks the ministry will be posting ‘Conserving our Future: A Modernized Conservation Authorities Act’ which outlines the suite of legislative, regulatory, policy and program changes proposed to be made as a result of the review. Bill (139), the Building Better Communities and Conserving Watersheds Act was introduced in the legislature on May 30, 2017, and proposes the outlined amendments to the Conservation Authorities Act that will enable the regulatory and policy changes contained within the Conserving Our Future document. Key highlights of the proposed changes to Conservation Authorities Act will achieve the following: STRENGTHEN OVERSIGHT AND ACCOUNTABILITY IN CONSERVATION AUTHORITY DECISION MAKING • Enable municipalities to set the term of appointments and replace authority members as appropriate; • Enable the province to prescribe board composition and qualifications for board members; • Move requirements related to conservation authority governance practices from regulations to by-laws, and updating those requirements for greater consistency with municipal expectations; • Enable MNRF to conduct reviews of conservation authority programs, services and operations; and • Update requirements for amalgamation decisions including requirements for public notice and MNRF approval. INCREASE CLARITY AND CONSISTENCY IN PROGRAMS AND SERVICES • Clarify that conservation authorities are created to provide programs and services that further the conservation, restoration, development and management of natural resources; • Clarify that conservation authorities must provide programs and services assigned by the province in accordance with regulations made under the authority of the Act; • Clarify that conservation authorities may provide programs and services on behalf of municipalities in accordance with memorandums of understanding (MOU) between municipalities and conservation authorities; • Clarify that conservation authorities may develop additional programs and services deemed advisable by the authority to further the conservation, restoration, development and management of natural resources within their jurisdiction; and • Enable the Lieutenant Governor in Council to assign the delivery of additional programs and services to all or individual conservation authorities in the future. INCREASE CLARITY AND CONSISTENCY IN REGULATORY REQUIREMENTS • Clarify that the purpose of conservation authorities’ existing development and interference regulation is to manage impact(s) to the control of water-related natural hazards; • Update the suite of compliance tools that can be used by a conservation authority to enforce compliance with regulatory requirements (e.g. ability to issue stop work orders, increases to fines); and • Enable the Lieutenant Governor in Council to regulate any activity that impact the conservation, restoration, development or management of natural resources in the future.  IMPROVE COLLABORATION AND ENGAGEMENT • Enable, where appropriate, the regulation of requirements for consultation and outreach undertaken by conservation authorities - including the ability for the Lieutenant Governor in Council to make regulations mandating the use of advisory boards. MODERNIZE FUNDING MECHANISMS TO SUPPORT CONSERVATION AUTHORITY OPERATIONS • Enable the Lieutenant Governor in Council to make regulations that determine the manner in which municipal levies are apportioned and appealed; • Increase transparency in and use of fees by requiring conservation authorities to establish policies that include a fees schedule, public notification requirements and timelines; and • Enable the minister to establish regulations to support the development and use of conservation authority fees Purpose of Act: Conservation authorities play an important role in supporting the conservation, restoration, development and management of natural resources in Ontario, and in protecting Ontarians from water-related natural hazards. The purpose of this proposal is to modernize the Conservation Authorities Act framework to ensure it continues to meet the needs of Ontarians today and in the future. Other Information: A web link to Bill (139) containing the proposed legislative amendments to the Conservation Authorities Act is provided: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=4936 Background information on the Conservation Authorities Act review can be found in the Environmental Registry posting # 012-7583 The following web links provide the supporting/additional information about this notice: • The Conservation Authorities Act http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90c27_e.htm • Ontario Regulation 97/04 – Content of Conservation Authority Regulations http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_040097_e.htm • Ontario Regulation 139/96 – Municipal Levies http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_960139_e.htm • Ontario Regulation 670/00 – Conservation Authority Levies http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_000670_e.htm Public Consultation: This proposal has been posted for a 30 day public review and comment period starting May 31, 2017. If you have any questions, or would like to submit your comments, please do so by June 30, 2017 to the individual listed under "Contact". Additionally, you may submit your comments on-line. All comments received prior to June 30, 2017 will be considered as part of the decision-making process by the Ministry if they are submitted in writing or electronically using the form provided in this notice and reference EBR Registry number 013-0561. Please Note: All comments and submissions received will become part of the public record. Comments received as part of the public participation process for this proposal will be considered by the decision maker for this proposal. Your personal information may be used in the decision making process on this proposal and it may be used to contact you if clarification of your comment is required. It may be shared (along with your comment) with other Ontario Ministries for use in the decision making process. Questions about this collection should be directed to the contact mentioned on the Proposal Notice page. Other Public Consultation Opportunities: Written submissions to this posting may be made between June 1, 2017 and June 30th, 2017 by contacting the Ministry of Natural Resources and Forestry via email to mnrwaterpolicy@ontario.ca Contact: All comments on this proposal must be directed to: Finn MacDonald Policy Officer Ministry of Natural Resources and Forestry Policy Division Natural Resources Conservation Policy Branch 300 Water Street Peterborough Ontario K9J 8M5 Phone: (705) 755-1374 Fax: (705) 755-1971