Thank you for the…

Thank you for the opportunity to provide comments on the proposed changes to the Conservation Authorities Act. Council for the Township of Perth South is in agreement with the current government’s philosophies to make Ontario open for business. We also fully appreciate the importance of the Province’s direction to municipalities to become more efficient and reduce long term costs.

It is our view that the Province needs to view the changes to the Conservation Authorities Act as a key step in making Ontario open for business. We fully appreciate the need to ensure that public safety in paramount. We also applaud the government for taking steps to make rules for development in hazardous areas more consistent to support faster, more predictable and less costly approvals. We agree that consistency in requirements across all conservation authorities is needed.

To the specifically proposed changes we offer the following comments:

1. Update definitions for key regulatory terms to better align with other provincial policy, including: “wetland”, “watercourse” and “pollution”;

• We support this proposed change. We also feel that other documents, such as municipal planning documents, should be updated with the same definitions, where applicable.

2. Defining undefined terms including: “interference” and “conservation of land” as consistent with the natural hazard management intent of the regulation;
• We support the proposed changes.

3. Reduce regulatory restrictions between 30m and 120m of a wetland and where a hydrological connection has been severed;
• We support the proposed changes.

4. Exempt low-risk development activities from requiring a permit including certain alterations and repairs to existing municipal drains subject to the Drainage Act provided they are undertaken in accordance with the Drainage Act and Conservation Authorities Act Protocol;
• We support this proposed change as it reduces red tape, cuts down on timeline required for repairs and reduces cost to ratepayers because conservation authority permit fee will not be required.

5. Allow conservation authorities to further exempt low-risk development activities from requiring a permit provided in accordance with conservation authority policies;
• We support this proposed change.

6. Require conservation authorities to develop, consult on, make publicly available and periodically review internal policies that guide permitting decisions;

• We agree that the government should require conservation authorities to develop, consult on, make publicly available and periodically review internal policies that guide permitting decisions. We would strongly encourage the government, through regulation, to specifically identify how municipalities will be consulted in the process, and specifically require that municipal input be acted upon. And further, we would strongly encourage that there be consistency between conservation authorities. For example, Perth South has two conservation authorities. Development and permitting should not be different. This will ensure transparency and predictability for developers across the province.

• Perth South Council, staff, hired consultants, potential and actual developers and residents have voiced their frustration in recent years with, what feels like an excessively tight interpretation of existing policies which, at times feels overly restrictive and portrays a general unwillingness to work together.

• We would encourage the government to go further and require that conservation authorities develop a policy governing how appeals of decisions will be addressed. To that end, we believe that within the legislation the government should establish some basic principles of how appeals of conservation authorities will be heard and dealt with. We also believe the government should legislate the basis upon which appeal decisions should be made. Too often we find that appeals must be heard by an internal committee of the conservation authority, and that this process only results in a decision that favours the conservation authority. It is inappropriate to have the conservation authority the law maker, law enforcer, as well as judge and jury. Preferably, we would like to see appeals of conservation authority decisions referred to an independent third party who evaluates their decision not strictly based on provincial policy statement guidance, but a common sense application of the rules within the local context so that we can be open for business.

7. Require conservation authorities to notify the public of changes to mapped regulated areas such as floodplains or wetland boundaries; and

• We feel that public notification of changes to mapped regulated areas such as floodplains or wetland boundaries is a step in the right direction; but that the requirements should go further to required notice to the landowners impacted by these types of changes. Too often we encounter landowners who are making a building permit application, but unbeknown to them, their lands were deemed to be within a Regulated Area (typically a wetland or floodplain), and any further development now requires a CA permit. No landowner should have the use of their land restricted without notice or ability to comment. An ad in the local newspaper or inclusion in the conservation authority’s board package is not adequate notice. 8. Require conservation authorities to establish, monitor and report on service delivery standards

including requirements and timelines for determination of complete applications and timelines for permit decisions.of Perth South appreciates the government’s efforts to provide a clear and consistent regulatory environment in which to operate and make approval processes fast, more predictable and less costly.

• We agree that the government should require conservation authorities to establish, monitor and report on service delivery standards including requirements and timelines for determination of complete applications and timelines for permit decisions. We would encourage the government to go further and to include specific deadlines for decisions within the regulations. The province is proposing changes to the Planning Act which would reduce the maximum allowable time for planning decisions, and we believe that this approach should be taken with the Conservation Authorities Act. Too often we find that developments are delayed by the conservation authority approvals process. These delays do not contribute to an Ontario that is open for business.

Thank you again for the opportunity to provide comments on the proposed changes. The Township of Perth South appreciates the government’s efforts to provide a clear and consistent regulatory environment in which to operate and make approval processes fast, more predictable and less costly.