The Province is proposing to…

The Province is proposing to make amendments to the Conservation Authorities Act to help conservation authorities focus and deliver on their core mandate and improve governance. The summary of the proposed changes in the ERO posting includes five points:

1. Clearly define the core mandatory programs and services provided by conservation authorities to be, natural hazard protection and management, conservation and management of conservation authority lands, drinking water source protection (as prescribed under the Clean Water Act), and protection of the Lake Simcoe watershed (as prescribed under the Lake Simcoe Protection Act);

LPRCA Response:
LPRCA supports the province’s initiative to clearly define the core mandatory programs and services and the comments on the four areas are noted below.

• Natural hazard protection and management:

Conservation authorities undertake watershed-based programs to protect people and property from flooding and other natural hazards. The Long Point Region watershed has many communities located on the banks of its rivers and the shore of Lake Erie. Well-developed flood forecasting and warning systems are vital to the safety and security of watershed communities. Emergency response plans and water management plans help municipalities and conservation authorities jointly prepare for climate change. Having these plans in place assists the Province in achieving outcomes in the Made In Ontario Environment Plan by being prepared for climate change and keeping people safe. Regulations to limit new development in floodplains and other natural hazard areas are an important part of reducing longer term risk of flooding. Municipalities depend on conservation authorities to provide technical information to support development of municipal emergency preparedness plans. Many other LPRCA programs support and enhance the natural hazard program. Tree planting, restoring natural areas, and land stewardship programs are examples of conservation authority activities that make the watershed more resilient to the variations in rainfall and snow melt patterns that result from climate change.

• Conservation and management of conservation authority lands:

The Made in Ontario Environment Plan includes the following statement about the core mandate of conservation authorities: Work in collaboration with municipalities and stakeholders to ensure that conservation authorities focus and deliver on their core mandate of protecting people and property from flooding and other natural hazards, and conserving natural resources. This core mandatory programs and services theme is interpreted to mean “conservation of natural resources and management of conservation authority lands”.
LPRCA’s programs to “protect people and property from flooding and other natural hazards and to conserve natural resources” are inter-related and provide a wide range of benefits to watershed residents.

Conservation Authority programs and services protect water, provide green spaces and build watershed resilience. This investment helps us to avoid future costs around challenges such as flood damages, business disruptions and public health issues. We rely on clean and sustainable water, breathable air, green spaces, healthy soils, forests, wetlands and a rich mix of wildlife for drinking water, food, fuel, industry, public health and many other uses. Being in nature restores people and helps them to stay active and healthy.
LPRCA supports the management of conservation authority lands being identified as a part of the CA core mandate. LPRCA operates five conservation areas where user fees are collected to help cover operating costs. The LPRCA owns 4,460 hectares; in addition to fee-supported conservation areas, much of LPRCA’s land holdings were purchased for hazard mitigation and/or conservation purposes. Pressures on these lands are increasing and resources are required to manage them.

• Drinking water source protection (as prescribed under the Clean Water Act): The LPRCA as part of the Lake Erie source protection region has completed source protection plans for the Long Point Region watershed. While many of the major municipalities in Ontario get their drinking water from the Great Lakes, the Long Point Region watershed gets much of its water supply from groundwater. Surface and groundwater monitoring programs, carried out in partnership with the Ministry of Environment, Conservation and Parks (MECP), and Private Land Stewardship programs play an important role in maintaining and improving water quality. These programs help the Province achieve the goals of the source water protection program and should be included as core programs that protect source water.

• Protection of the Lake Simcoe watershed (as prescribed under the Lake Simcoe Protection Act) does not impact LPRCA.

2. 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);

LPRCA Response:
Increasing transparency and clarity in how conservation authorities levy municipalities for mandatory and non-mandatory programs and services is an important step in ensuring a continuing collaborative working relationship between conservation authorities and municipalities.
A clear definition of core mandatory programs versus non-mandatory programs will be needed to ensure transparency standards are met. Additional clarification is required regarding entering into agreements with municipalities for the delivery of non-mandatory programs, and how these agreements will impact the current municipal levy approval and apportionment processes.

Programs that support the conservation of natural resources are part of Conservation Authorities’ core mandate as set out in the Made in Ontario Environment Plan. These inter-related, watershed-based programs should be included in the list of core programs even if they are not MNRF delegated programs currently eligible for provincial funding under the Conservation Authorities Act Section 39 provisions.

A 4 to 8 year review period is acceptable.

3. Establish a transition period (e.g. 18 to 24 months) and process for conservation authorities and municipalities to enter into agreements for the delivery of non-mandatory programs and services and meet these transparency standards;
LPRCA Response:
LPRCA supports the 18 to 24 months transition period as it will allow time to enter into agreements with the municipalities.

4. Enable the Minister to appoint an investigator to investigate or undertake an audit and report on a conservation authority;

5. Clarify that the duty of conservation authority board members is to act in the best interest of the conservation authority, similar to not-for profit organizations.

In addition, the province is proposing to proclaim un-proclaimed provisions of the Conservation Authorities Act related to:
• fees for programs and services
• transparency and accountability
• approval of projects with provincial grants
• recovery of capital costs and operating expenses from municipalities (municipal levies)
• regulation of areas over which conservation authorities have jurisdiction (i.e. development permitting)
• enforcement and offences
• additional regulations.

LPRCA supports the remainder of the proposed changes included in the ERO posting #013-5018 of point 4 and 5, as well as the proclamation of the un-proclaimed provisions of the Conservation Authorities Act.

LPRCA supports the goals of the modernization to improve consistency, transparency and accountability. Conservation Authorities are nimble and efficient organizations; LPRCA asks that the province look to minimizing the regulatory burden imposed to achieve these goals. There are issues relating to establishing municipal levy in the ERO postings and details are needed to implement the changes. Definitions for core versus non-core programs and capital costs versus operating and maintenance costs are required.