Via Resolution #A62/19, TRCA…

Via Resolution #A62/19,
TRCA recommends that:

1. The current purpose and objects in the Conservation Authorities Act remain broad and unchanged, to facilitate continued innovation and adaptation for local watershed-based solutions to current and emerging issues;

2. The role of CAs in the land use planning and environmental protection process, as linked to legislation including the Planning Act, Environmental Assessment Act, and the CA Act in supporting the implementation of provincial and municipal priorities, be recognized as a core mandatory program and service;

3. The Province leverage the expertise of CAs in natural resource management, where capacity exists, for additional opportunities for efficiencies in public review processes to enable more timely reviews and approvals;

4. The core mandatory programs of CAs be consistent with the purpose of the Act and the Made-in-Ontario Environment Plan to include reference to the management and conservation of natural resources;

5. The identification of the management of conservation authority lands as a core mandatory function is important to include in the CA Act. Non-core functions such as restoration, recreation, education and community engagement functions of CAs on CA owned lands should be acknowledged as necessary to support these core activities in the amended Act and implementing regulations;

6. As school boards are enabled to enter into agreements with conservation authorities for the provision of lands, programs or services related to natural science or out-of-classroom experiences under Section 197.7 of the Education Act, the Conservation Authorities Act should be amended to explicitly acknowledge and permit the important role that CAs play in providing greenspace, scientific knowledge and experiences for Ontario students by including reference to natural science and outdoor education in the Act;

7. The Province maintain their financial and technical support for the Drinking Water Source Protection Program and that the identification of this program as a core mandatory program include continued financial support from the Ministry of Environment, Conservation and Parks for the role of Conservation Authorities, as prescribed under the Clean Water Act;

8. Consistent with the CA Act, the ability to manage local environmental issues on a watershed basis, be maintained for all conservation authorities;

9. The key role that many CAs play in the protection and restoration of the Great Lakes be identified and acknowledged as one of their core mandatory programs and services;

10. Increased transparency in how conservation authorities levy municipalities for mandatory programs and services be supported;

11. The review of non-mandatory programs occur every four years, coinciding with the second year of our partner municipality councils’ four-year terms;

12. Further guidance from the Ministry regarding the apportionment of levy be addressed within the update to the Act, to address cost constraints of our municipal partners while ensuring equity and timely resolution of disagreements;
13. The Province update the Act with general principles for transparency in levy funding, such as requiring cost recovery pricing for mandatory programs, based on transparent, full cost accounting and consultation with stakeholders, and require that all non-mandatory programs charge cost plus pricing to ensure they pay for their portion of a CA’s administration functions;

14. Entering into agreements for the delivery of non-core programs and services be mandatory practice, and proposes that the transition period for entering into these agreements be extended to December 2022, to coincide with the existing term end of municipal councils;

15. The Province or any partner municipality be allowed to request an audit of special purpose financial information limited strictly to how their funds have been spent, at their cost, and that overall financial accountability remain as a fiduciary responsibility of the CA’s Board of Directors;

16. TRCA supports the amendment to clarify that the duty of conservation authority board members is to act in the best interest of the CA;

17. The Province examine the size of CAs’ Board of Directors in the context of this review and any consider amendments to the CA Act regarding the maximum number of board members that may be appointed to a conservation authority by partner municipalities;

18. Flexibility be provided to CAs in respect of the charging of fees for diverse programs and services and that the CA Act be updated with general principles to be followed such as requiring cost plus pricing for associated fees, based on transparent, full cost accounting and consultation with stakeholders;

19. A clause of indemnification or statutory immunity for the good faith operation of essential flood and erosion control infrastructure and programming be added to the CA Act; and

20. Enhanced provisions for enforcement and compliance be added to the CA Act, including stop work orders, orders to comply, clarification for “after the fact” permits and a definition of an “officer” for enforcement purposes.