Thank you for the…

Thank you for the opportunity to comment on EBR posting 013-4992.

The proposal outlines some positive directives, notably the definitions for wetland, interference, conservation of lands, and pollution.

As a member of the Drainage Act and Conservation Authorities Act Protocol (DART) team, I would like to provide some background on DART. The DART Team was formed as the result of a number of stalemate issues that cropped up in very specific areas within the province as they pertained to drain maintenance. Since neither the Conservation Authorities Act (Regulatory) nor the Drainage Act (Procedural) superseded one another (as directed), the province set out that the Ministry of Natural Resources and Forestry, and the Ministry of Agriculture and Rural Affairs needed to 'sort' the issue out, and develop an agreeable path forward. Representatives on the DART team were OMAFRA, MNRF, OFA, Association of Municipalities of Ontario (Rural Caucus), Drainage Superintendents, Ontario Land Drainage Committee (Drainage Engineers), Conservation Ontario, and Conservation Authorities.

Through the development of the Standard Compliance Requirements (SCR), we have jointly created a process to streamline the review of drain maintenance and repairs for a more consistent and timely outcome. I am concerned however, that 'exemptions' or self-assessing would undermine the existing process, of which was agreed to by both Municipalities and participating Conservation Authorities. I am confident that the DART team would be willing to look into further efficiencies, but not at the expense of a process which allows some oversight by both the Municipal Drainage Superintendent, and the Conservation Authority. Without the agreed to SCR in place, shortcuts have been taken, and will continue to be taken. These shortcuts could have potentially negative impacts on flooding and erosion, both locally and downstream. This may also result in more costly and regular drain maintenance and repairs.

The DART team has focused on S.74 (Drainage Act) Maintenance and Repair primarily, some works under S.77 (DA), and repairs under S.78 (DA) Drainage Reports. It has always been the intention of the DART team to look at efficiencies for new Drainage Reports, specifically under S.4 (DA) Petition Drains and S.78 (DA) Drainage Improvements.
As of April 2019, it is my understanding that the majority of the Conservation Authorities have adopted the DART Protocol.

Please find below, excerpts from the DART Terms of Reference:

Common Goals:
All members of the DART recognize and respect the need and responsibility for drainage in rural Ontario, as provided through the Drainage Act, and for public safety and the protection of people, property and communities through natural hazard management as provided by the regulations to the Conservation Authorities Act. Members of the DART recognize the importance of collaboration to ensure common understanding to find practical solutions.

The goals of the DART are to:
• maintain a focus on practical solutions
• facilitate and maintain good, collaborative working relationships
• meet Drainage Act and Conservation Authorities Act legislative requirements and
• develop a consistent approach and technical direction through for example BMPs or protocols
where possible for provincial consideration with regard to the construction, improvement,
maintenance, or repair and regulating of municipal drains.

Purpose of the Drainage Act & Section 28 Regulations Team:
The DART is a committee established by MNRF and OMAFRA to create a forum by which the members can jointly suggest practices and process to the province that may facilitate the implementation of both the Conservation Authorities Act regulations and municipal drainage under the Drainage Act.
The Drainage Act & Section 28 Regulations Team shall:
• Develop if possible a consistent administrative approach and technical direction with regard to
municipal drainage and the review of municipal drainage for permissions under the provincial
Conservation Authorities Act regulations; including construction or improvement, of municipal
drains. Clarify roles and responsibilities and intent under both pieces of legislation.
• Evaluate and update the Drainage Act and Conservation Authorities Act protocol as required.
• Undertake regular dialogue on topics of mutual interest.
• Initiate and organize training and education, as required.
• Develop a communications protocol, tools and materials, as required.
• Develop recommendations for when and how to form a Drainage Issues Resolution Team (DIRT) in the event that the Drainage Act and Conservation Authorities Act Protocol is not sufficient to resolve specific concerns between the two pieces of legislation.

Scope:
The Team is to find solutions using the current legislative and policy framework as provided by the Province.

The Team works collectively on practical, administrative or technical aspects of s.28 permitting under the Conservation Authorities Act related to municipal drainage works under the Drainage Act and may provide advice as to the implementation issues between the two Acts.
The Team will provide a forum where appropriate to discuss policy changes proposed by the Province that may affect the interface between the Drainage Act and Conservation Authorities Act.

Thank you for your time and consideration

Davin Heinbuck
Water Resources Coordinator
Ausable Bayfield Conservation Authority