The proposed changes to the…

The proposed changes to the Ontario Wetland Evaluation System (OWES) indicates that a Provincially Significant Wetland (PSW) under these amendments must achieve the same score. The scoring system of the OWES system is a science based ranking system that considers different values and their respective functions. However, this proposal removes the considerations that often designate as a wetland as significant. Southern Ontario more specifically than other parts of Ontario has contributed to the loss of wetlands over the past century and has not entirely considered the ecological services that these wetlands provide. Municipalities in the GTA are constantly measuring natural hazard risks and assessing costly solutions for them - as public safety is a clear and sound priority. The increasing risk of natural hazards should include utilizing these natural wetlands in compliment to the risk management solutions.

It is important for wetland evaluations to be reviewed by arm's length agencies with an objective view. The proposed legislation is not allowing the Ministry of Natural Resources and Forestry or conservation authorities to review wetland evaluations, leaving this responsibility to municipalities. By removing aspects of the current scoring system of OWES, this means that the organizations that have decades of specialized in reviewing and conducting these evaluations will be removed. Assigning this responsibility to municipalities introduces further risks.

If municipalities are responsible for development, as well as preserving natural heritage like wetlands, where do they find the balance? Many wetlands cross municipal boundaries. How will the different municipalities determine the level of importance for the wetland?

Ontario has legislated habitat protection laws for good reason. Since the 1970s, waterfowl populations have bounced back thanks to wetland protection. Species that did not enjoy the same habitat protection, such as grassland birds, have seen a significant decline within this same time period.

Many wetlands in Ontario are grouped together in complexes – this includes wetlands big and small that are less than 750 metres apart. This is important for fish and wildlife that live in wetlands, as the entire complex makes up their habitat. There is also plenty of benefits to humans, the existing catchment area, and the adjacent watershed.

The proposed legislation changes will no longer allow wetlands to be grouped together, treating each wetland as its own entity. Smaller wetlands will most likely not meet the criteria to be provincially significant and may be open for development. Offsetting is not the solution, the natural functions of wetlands, more specifically Provincially Significant Wetlands cannot be replicated.

Additionally, purpose of the proposed OWES changes are to support the construction of 1.5 million new housing units over the next ten years by streamlining the wetland evaluation process. Yet, this purpose is misguided and misleading, given that a shortage of land isn’t the cause of the housing shortage, as Ontario’s Housing Affordability Task Force explained in its 2022 report. It is unclear that this explanation has not been emphasized enough given that the amount of greenfield land already designated for development and added to municipal settlement boundaries, but still sitting unbuilt far exceeds what is needed to meet long range housing targets. That includes, for example, more than 86,000 acres within the Greater Toronto and Hamilton Area alone.

It appears that approval authority will be downloaded to municipalities, many of which have little expertise and would no longer be able to consult with conservation authorities (due to proposed Bill 23 amendments to the Conservation Authorities Act). Instead, the onus would be on the wetland evaluator (working in most cases for the development proponent) to inform the municipality and landowners in writing about the outcome of the evaluation or re-evaluation.

MNRF would:

Be unaware of wetland evaluations and outcomes
No longer ensure wetland evaluations were accessible to the public through Land Information Ontario
Have no authority to intervene on behalf of the public regarding an evaluation of questionable merit
The proposed changes to the OWES are going forward at the same time as Bill 23 and other proposed law and policy amendments that will negatively impact wetland conservation in Ontario. The broad scope of the proposals and the speed with which they are being pushed forward severely compromises the public’s ability to comprehend and respond.

I am urging the consideration and consultation of the public. It is agreeable that more homes are needed to be built to solve current housing issues and population growth. However, the potential fragmentation, removal and proposal to offset wetlands as needed neglects not only the environment and human safety but also removes the recreational and scientific uses of these complex systems. The pandemic has shown that there is a great desire to increase current greenspace and has generated interest in the natural beauty of Ontario.