On behalf of the Ontario…

On behalf of the Ontario Federation of Agriculture (OFA) please find attached our submission with respect to ERO # 019-2927 (Proposed updates to the regulation of development for the protection of people and property from natural hazards in Ontario).

OFA is in favour of the goal of increased coordination between conservation authority permitting and municipal planning approvals for all - not just those that relate to meeting Ontario’s housing supply needs.

OFA recommends the current definition of “Development Activity” stated in the regulation include a clause stating that “the full range of agricultural uses (as defined in the 2020 Provincial Policy Statement) do not constitute “Development Activity”.

OFA suggests that streamlined approvals proposed in the consultation guide should be limited to conservation authority authorizations and not necessarily apply to all approvals and permits. OFA supports including activities eligible for streamline approvals: fence installations; installation of tile drains and maintenance or repair of existing tile drains; installation and maintenance of an offline pond for watering livestock; installation of agricultural in-field erosion control measures; maintenance or repair of a driveway/access; and maintenance and repair activities for existing municipal drains. OFA recommends also adding offline ponds for irrigation as an activity eligible for streamline approvals.

OFA is concerned that a streamlined approval or exemption for well installations may negatively impact water quality and quantity. There must be assurances that all well installations remain robust to ensure protection of water quality and quantity for our aquifers and existing wells.

OFA is appreciative of the proposed change to the definition of “watercourse” to “a defined channel having a bed, and banks or sides”, as we have requested for many years now. However, we believe that in addition to this change, that the definition of a watercourse must exclude man-made ditches, roadside ditches, agricultural swales as well as drains constructed under the Drainage Act.

OFA believes that the existing definition of “wetland” must add another clause that explicitly states that the wetland definition also does not include:
• wetlands created for wastewater or stormwater,
• excavated ponds (including those created for watering livestock and/or irrigation ponds),
• wetlands within agricultural drainage ditches and drains constructed under the Drainage Act,
• wetlands that develop as the unintended consequence of agricultural development, and
• wetlands created on farms for agricultural purposes (including to treat barnyard runoff, milk house wash water, for tile drain outlets).

OFA supports the development of Program Service Delivery Standards, however we believe these standards must be provincially determined so that property owners throughout Ontario where conservation authorities operate will face the same service delivery standards. We recommend that the conservation authorities are adequately funded to be able to meet provincially-determined program service delivery standards.

OFA is concerned with full exemptions from permits under the Conservation Authorities Act anywhere in the province. We are apprehensive that the removal of some of the oversight currently provided by conservation authorities may lead to nearby properties being negatively impacted. We are opposed to changes that expose our members to increased risk, including risks related to water quality or quantity for both surface and/or groundwater.

OFA highly recommends further public consultation when a draft regulation is developed, prior to its implementation. This includes continued discussions with the agricultural community.

Thank you.