Dear Minister, In regards…

Dear Minister,

In regards to the proposed changes to the Conservation Authorities Act: I have several outstanding concerns regarding the significant limitations of the language describing the proposed changes. Conservation Authorities (CAs) work to protect and enhance water quality, water flow, aquatic life and community health, creating additional benefits of a healthier living environment for people as well as the natural environment.

The value of CA’s guidance and expertise that they provide should not be overlooked. In response to the proposed recommendations made to” modernize CA operations”, there are a few concerns as found within documents ERO No. 013-4992 and 013-5018:

1. The absence of reference to the critical importance of protecting and rehabilitating natural infrastructure alongside built infrastructure;
2. The proposed constraints and changes to the role of CAs in permitting and municipal plan review and the limitations of their overall mandate; and
3. The absence of watershed management planning and investment in watershed science and the collection of data.

Concern 1: The absence of reference to the critical importance of protecting and rehabilitating natural infrastructure alongside built infrastructure.
I am disappointed to see a continued sole emphasis on improving the built infrastructure of the Province without the careful consideration of Ontario’s greatest resources – its natural infrastructure of land and waters, wetlands, forests and floodplains. This was especially noticeable within EO No. 013-4992 where it is stated “As more extreme weather events occur that threaten our homes, businesses and infrastructure…” By targeting the health and resiliency of the Province’s natural infrastructure to better manage water, sediments and nutrients as an equally important priority, this approach lessens the pressure and reduces potential damage on built infrastructure. This approach should be rigorously reviewed given that degraded natural infrastructure resulting in massive sedimentation, erosion and catastrophic flooding can lead to damage of built infrastructure.

Concern 2: The proposed constraints and changes to the role of CAs in permitting and municipal plan review and the limitations of their overall mandate.
According to EO No. 013-4992, the Province is seeking to streamline and concentrate CA development permitting and their role in municipal plan review. Alterations to the regulation include: “Exempt low-risk development activities from requiring a permit including certain alterations and repairs to existing municipal drains…”; and “Allow conservation authorities to further exempt low-risk development activities from requiring a permit provided in accordance with conservation authority policies”.

I strongly suggest that the Provincial Government explicitly defines the term “low-risk development” in order to ensure these thresholds are understood in greater detail, and to better understand the potential consequences of this request. Multiple, small-scale, “low-risk” developments have cumulatively led to major impacts on water volumes, water quality and degraded habitat. One of the greatest strengths of Conservation Authorities is their role in regulating development and floodplains so people are safe and costly damages are avoided from all activities in and near floodplains and wetlands.

Concern 3: The absence of watershed management planning and investment in watershed science and the collection of data.
Throughout both of the reviewed documents, the term “watershed” was worryingly absent whether intentionally or not. It is a fact that we cannot manage the quality and quantity of our aquatic resources if we are not considering the entire watershed as a whole. Watersheds are the fundamental units of management and has been demonstrated by the most rigorous science available. This contextual management of water resources provides the best pathway in managing balance between public good and private interest: a key role of government. Monitoring of water flow, groundwater recharge and other factors are critical for ensuring sound, factual and rational management of water resources.

Ongoing watershed streamflow and water monitoring before, during and after an event provides the necessary information to understand the watershed’s response to events and where the flood and erosion risks have formed. Additionally, watershed technical studies provide valuable input to municipal land use plans, future infrastructure design, regulation of development in and near floodplains, support for emergency response, and flood line maps. Without continual data collection and analysis, Conservation Authorities will no longer be able to “deliver on their core mandate of protecting people and property from flooding and other natural hazards” in the face of a rapidly changing climate. Experts are already recognizing that our regional and 100-year flood frequencies are changing with enormous implications on protecting people and property, as witnessed in the recent Muskoka floods.

The benefits of these long-sighted programs are often overlooked as it is only when these regulations are ignored that people comprehend the importance of these modern approaches to development and the value of the proactive work and services of Conservation Authorities. It was demonstrated in the 1990s and early 2000s during the previous activities in watershed planning that Conservation Authorities are perfectly situated to expedite and coordinate these studies since they are linked both to their local watershed municipalities and to Provincial interests.

I believe that this is still the case given that Provincial agencies are no longer in the business of active management of the environment or natural resources. In its submission to the 2001 O'Connor Inquiry into the Walkerton contaminated water tragedy, Conservation Ontario made the argument that, "Watershed management is not so much about managing natural resources, but about managing human activity as it affects those resources. The drainage area of the river provides the natural boundary for managing and mitigating human and environmental interactions. Because human activity includes actions by governments, municipalities, industries and landowners, watershed management must be a cooperative effort. Effective watershed management can prevent community water shortages, poor water quality, flooding and erosion. The expense of undertaking watershed management is far less than the cost of future remediation."

Thank you for listening to these concerns. Please avoid weakening the protection that the work of the Conservation Authorities provides to us. Your proposed changes would result in this weakening.