City of Waterloo staff agree…

City of Waterloo staff agree that Ontario’s 36 conservation authorities have a vital role in watershed management and protecting communities from natural hazards like floods. Staff have reviewed the proposed changes to the Conservation Authorities Act, which include the creation of the Ontario Provincial Conservation Agency to provide centralized and efficient leadership, governance, strategic direction, and oversight to Ontario’s conservation authorities, as well as to consolidate the 36 existing conservation authorities into 7 regional conservation authorities. It is understood that the rationale for consolidation includes addressing variations in service delivery, modernization, capacity, and ability to meet provincial expectations regarding consistency in policy application.

Staff are supportive of the goal for a common, shared strategic direction, however, suggest it be considered whether this can be best achieved by supporting continued implementation of specific policies that are applied most effectively at a local watershed level under the broader strategic direction. Acknowledging the challenges that may be associated with a larger number of conservation authorities following different policies and standards, the variability can also serve to meet the specific needs of different watersheds on a local level. Within the proposed Lake Erie Regional Conservation Authority boundary, the watershed hydrology, form of features, ecology, natural hazards, typical impacts experienced by features, risks and mitigation approaches that work well in Essex County, for example, vary from those in the Region of Waterloo. The variation in policies that may exist between the local conservation authorities can serve to reflect the differing characteristics of watersheds within the Lake Erie watershed and the contexts they exist within. It is our opinion that policies should continue to reflect local conditions and context and be applied in consideration of the same.

The criteria applied for determining the proposed boundaries for regional conservation authority includes relationships between conservation authorities and municipalities – reducing administrative duplication and overlap for municipalities and conservation authorities to simplify accountability and strengthen local partnerships. We are happy to have fostered a positive working relationship with our partners at the Grand River Conservation Authority and are hopeful that the regional conservation authority consolidation can continue to provide a similar local expertise and contact structure within the larger Lake Erie Regional Conservation Authority. When consistent local contacts are assigned to specific municipalities, it is possible to form good working relationships that facilitate efficient knowledge sharing. This serves to provide a resource for both the conservation authorities and municipalities, and to assist planners in providing answers to stakeholders with short turn around times. As the Lake Erie Regional Conservation Authority would span 81 municipalities, consistency in local accountability and partnerships will require a strong connection for effective watershed management. In short, there appears to be considerable risk that the proposed approach results in a significant loss of connection between municipalities and the new regional conservation authorities.

The criteria applied in determining the proposed boundaries also includes service continuity – ensuring uninterrupted delivery of local conservation authority programs including flood forecasting and warning, permitting, and source water protection, through and after consolidation. In our experience, conservation authorities work closely with landowners, prospective buyers, and developers at the local level, resulting in open communication, knowledge sharing and prompt replies. It is our request that these direct local lines of communication be maintained, as they allow for efficient knowledge sharing that reduces waiting periods and review timelines.

Towards the goal of service continuity, we acknowledge the number of recent regulatory changes affecting the role of conservation authorities prior to this proposal for restructuring of the watershed management framework. It takes time and effort from conservation authorities, municipalities, developers, and landowners to respond to these recent changes effectively. The collective adaptation to these changes further emphasizes the importance of maintaining consistent local lines of communication. We strongly suggest that the implementation of consistent permitting practices, technical standards, and service levels can be achieved through alternative methods that are more efficient and cost-effective, such as verifying consistent compliance with regulations.

The proposed changes could result in significant financial and procedural changes for municipalities. An important aspect of implementation will include transparent communication and plans to address the proposed framework for funding. The proposed changes involve continued municipal funding of conservation authority operations, with the addition of financial responsibility for new regional structures and potentially the Ontario Provincial Conservation Authority. Municipalities will need to understand the proposed changes well in advance of their enactment and require detailed information on the ongoing financial implications to plan budgets effectively, to assess the financial impact on municipalities and existing funding models. We request clarification on the governance of the proposed Ontario Provincial Conservation Authority to understand the relationship between municipal financial responsibility for a new provincial agency, and the decision-making influence and oversight framework.

In addition, City staff are concerned about how locally funded reserves, land assets, flood prevention infrastructure (e.g. Laurel Creek Reservoir and dam in the City of Waterloo) and capital programs will be handled and will seek clear and timely communication on any potential changes or effects to this as a result. Under the proposed restructuring, there appears to be a significant concern that local assets developed through local community investment and future municipal levy/apportionment funding models may be diverted within the regional framework. We request that implementation details clearly outline the strategic direction and evaluation of priorities within a regional framework in a manner that respects the importance of locally funded and managed infrastructure and services.

A further implementation consideration relates to a specific policy of the Provincial Planning Statement, and the role Conservation Authorities play on behalf of the province regarding natural hazards identified in Section 5.2 of the Provincial Planning Statement. Specifically, per Policy 5.2.5, joint-Ministerial approval is currently required for Official Plan Amendments within Special Policy Areas. We request that this review and approval process be delegated to conservation authorities where the Minister deems it appropriate (e.g. Official Plan Amendments that are deemed to be minor in nature). Such a delegation would result in faster services to municipalities and permit applicants. Such a delegation of authority would align with recent efforts of the provincial government to streamline the development approvals process as it would not require an additional level of review through elevation to a provincial agency.

Supporting a shared strategic direction can align priorities and goals within a central or regional organization framework and encourage efficiency and effective watershed protection. Clear details should be provided to all stakeholders to provide transparent communication of the proposed responsibilities for funding a new provincial agency and reciprocal oversight between agencies under the proposed framework. This should include clarity on proposed strategic direction and evaluation of priorities that recognizes the importance of local reserve and funding management for critical flood prevention infrastructure. Staff see the maintenance of local presence, consistent local contact, and delegation of Official Plan Amendments deemed to be minor in nature to conservation authorities as extremely important priorities to maintain under any updated organizational framework. It will be important that a transition plan providing a clear outline of the timelines, deliverables, and responsibilities be developed and provided to all stakeholders to ensure that major watershed restructuring and the merging of multiple complex organizations may occur in an efficient process, without impacts to service delivery and in a transparent manner should the proposed changes proceed.