The proposed change to the…

The proposed change to the Conservation Authorities Act that could affect how conservation authorities levy municipalities is as follows:

• Increase transparency in how conservation authorities levy municipalities for mandatory and non-mandatory programs and services. Update the Conservation Authorities Act, an Act introduced in 1946, to conform with modern transparency standards by ensuring that municipalities and conservation authorities review levies for non-core programs after a certain period of time (e.g., 4 to 8 years).

Section 27 of the Act outlines how levies are applied to municipalities. O.Reg. 670/00 provides additional details regarding the levy methodology. Links to each of these are provided below:

Conservation Authorities Act
O. Reg. 670/00 – Conservation Authority Levies

I am aware that there has been recent controversy regarding how conservation authorities have applied levies to municipalities (and specifically to the City of Hamilton) within their watershed. The City falls within the watershed of a number of different conservation authorities, which is why the methodology of the how they levy municipalities is of great importance to the City.

The city of hamilton will submit a second comment from our legal services and taxation areas specific to the levy methodology.

Looking at this, there is discussion about “non-mandatory” programs and services. A possible implication is that CA’s might be ordered to focus only on development review and management of their properties. This may have implications on how Confederation Beach park is operated. A related process is being undertaken regarding MNRF focussing conservation authorities on development permitting and municipal plan review : https://ero.ontario.ca/notice/013-4992. Not sure if this is being commented on as well?

This second review is also looking at proclaiming previously unproclaimed portions of the conservation authorities act which appear to have more teeth in the permitting and enforcement of decisions which may increase the permit process and regulatory teeth, but it’s hard to tell from the summary on the website.