May 15, 2019 Alex McLeod,…

May 15, 2019

Alex McLeod, Policy Officer
Ministry of Natural Resources and Forestry
300 Water St. 6th Floor, South Tower
Peterborough, ON, K9J 8M5

Re: Focusing conservation authority development permits on the protection of people and property (ERO#013-4992)

Dear Mr. McLeod,

Thank you for the opportunity to comment on the Ministry of Natural Resources and Forestry’s proposal to regulate how conservation authorities permit development and other activities for impacts to natural hazards and public safety. Quinte Conservation offers the following comments for your consideration in finalizing the regulation and any associated documents. The comments provided are based on our experiences as a regulatory body under Section 28 of the Conservation Authorities Act, a commenting body under the Planning Act, and as the Quinte Region Source Protection Authority under the Clean Water Act.

Consolidation of 36 CA Regulations into 1, Minister-Approved Regulation
Quinte Conservation is supportive of the proposal to consolidate and harmonize the existing 36 individual conservation authority regulations into one Minister of Natural Resources and Forestry approved regulation. This regulation should include schedules which outline the appropriate regulatory storm for all 36 watersheds.

At this time, the Environmental Registry of Ontario (ERO) posting does not contain wording for the new regulation. Quinte Conservation looks forward to seeing the details of the proposed regulation in a future consultation process and would be more than happy to provide further input at that stage.

Update definitions for key regulatory terms to better align with other provincial policy

Quinte Conservation supports the Province’s desire for consistency and synchronization of terms within provincial policy and regulations. It is important that these definitions be easy to understand, thus providing greater certainty to affected landowners, greater alignment with municipal, provincial, and conservation authority implementation approaches, and finally, making them defendable in hearing and appeal circumstances. In order to achieve a consistent interpretation of these terms and to assist in future legal matters, the MNRF should also provide implementation support and guidance materials as part of this regulatory update.

Specific to the definition of ‘wetland’, Quinte Conservation suggests that the definition of a wetland under the Conservation Authorities (CA) Act (which makes direct reference to hydrological connection, hydric soil and water tolerant plants) is a more clearly defined/defensible definition of a ‘wetland’ than that currently described under the Provincial Policy Statement. Although the Provincial ‘Wetland Evaluation Course’ covers some of these wetland indicating parameters, the training is not specific to the CA wetland definition. Given this statement, QC would strongly suggest that Conservation Ontario/MNRF conduct training regarding the field definition of hydric soils & identification of the most common wetland indicator plants. Further, establishing a consistent minimum area for a wetland to be subject to the section 28 regulation would be appropriate.

Defining undefined terms including: “interference” and “conservation of land” as consistent with the natural hazard management intent of the regulation

Quinte Conservation is supportive of the establishment of definitions for undefined terms to address not only the role CAs have in protection life and property from natural hazards but also, as noted in the proposal summary, the important role that CAs play in strengthening Ontario’s resiliency to climate and land use changes.

The Province has indicated that it is proposing to proclaim sections of the Conservation Authorities Act following the approval of the proposed regulation. This includes Section 28.1 which states, “(1) An authority may issue a permit to a person to engage in an activity specified in the permit that would otherwise be prohibited by section 28, if, in the opinion of the authority, ... (b) the activity is not likely to create conditions or circumstances that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property.” Quinte Conservation suggests that “health and safety of persons” should include risks associated with flooding of water well and septic systems.

Reduce regulatory restrictions between 30m and 120m of a wetland and where a hydrological connection has been severed

Quinte Conservation supports the reduction of regulatory restrictions between 30 meters and 120 meters from wetlands for low risk activities that would not impact the hydrologic function or public safety.

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.

Quinte Conservation is supportive of the proposal to exempt some low-risk development activities from requiring a permit, including certain alterations and repairs to municipal drains subject to the Drainage Act provided they are undertaken in accordance with the Drainage Act and Conservation Authorities Act Protocol. When considering exemptions, the Province should contemplate the full range of tools embedded in the new S. 28 regulation, including opportunities for permit-by-rule, adopting a document by reference and registration. For example, as drainage works have the potential to impact flood control, it is essential that CAs be notified of the proposed work in advance. Quinte Conservation supports this enabling legislation, and would welcome the opportunity to review and consult on the details of the future regulation.

Require conservation authorities to (a) develop, consult on, make publicly available and periodically review internal policies that guide permitting decisions, (b) notify the public of changes to mapped regulated areas such as floodplains or wetland boundaries, and (c) establish, monitor and report on service delivery standards including requirements and timelines for determination of complete applications and timelines for permit decisions.

Quinte Conservation supports the proposed requirements for CA transparency and consultation as they align with Quinte’s current practices.

Bringing into force un-proclaimed sections of the Conservation Authorities Act
Quinte Conservation strongly supports the proposed enactment of Part VIII – Enforcement and Offences section of the Conservation Authorities Act.

Thank you again, for providing the opportunity to provide comments on the proposed regulation (ERO #013-4992). If you have any questions or concerns on these comments please do not hesitate to contact me at the contact information provided below.

Sincerely,

Quinte Conservation
613-968-3434
info@quinteconservation.ca