Summary of Proposed Changes…

Summary of Proposed Changes and Comments

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 and protection of the Lake Simcoe watershed

Bill 108:
Mandatory programs - a new program area is identified - programs and services related to the authority's duties, functions and responsibilities under an Act prescribed by the regulations; S. 21.1(1) sub-clause 4

Standards and Requirements: Identifies standards and requirements for mandatory programs and services which may be set out in regulations S.21.1(3)

Comment:

The legislation amendments proposed would identify service standards for three primary program areas for our watershed namely,
1. natural hazards protection and management,
2. conservation and management of Conservation Authority lands and
3. drinking water source protection.

In carrying out these primary program areas it will be important for the province to consider the other supporting programs which allow these core programs to function. For instance, technical staff that include GIS/mapping specialists and wetland specialists are required to accurately identify, delineate, and map wetlands within a Conservation Authority watershed at the property level in order to direct development away from these areas to avoid impacts associated with unstable soils and flooding. Aquatic specialists/hydrologists are required to help identify the extent of the erosion hazards/meander belts associated with watercourses so that public infrastructure (stormwater outfalls, roads, etc.) and private development (bridges, homes, etc.) are constructed in areas that will not be subject to future damage from flooding or erosion. They are also qualified to help the development industry with addressing erosion hazards and sediment controls on construction sites in and around water. Water quality specialists and hydrogeologists are key to ensuring a safe and continuous supply of drinking water. Watershed planning and monitoring programs are the backbone for policy decision-making as well as local decisions related to the core programs identified. Involvement of a water quality specialist who is familiar with lake conditions through monitoring will be able to prevent or suggest development considerations to ensure pollution does not become an issue. Similarly through the planning and permitting process our stewardship department is regularly engaged to provide services that clients are looking for to prevent erosion of their shorelines and waterfront properties. These departments also rely on our information technology and GIS platforms to readily access information that is key to the processing of application and handling permits on a daily basis. The Province would be encouraged to consider this as it refines the details around service standards.

The inclusion of programs and services related to authority duties which are mandatory obligations under other acts is important, as this will address various employer and organization related responsibilities such as WSIB, Occupational Health and Safety Act, Human Rights, Employment Standards Act, AODA. The regulation may also consider the financial aspect of Authority business under this key mandate.

2) Increase transparency and how conservation authorities levy municipalities for mandatory and non-mandatory programs and services and review levies for non-core programs after a certain period of time (example – 4 to 8 years)

Bill 108:
Municipal programs and services may be provided in whole or in part, under a memorandum of understanding or other such agreement as may be entered into with the municipality, with clauses identified for public transparency and periodic review of the agreement; S.21.2.20(1)

Other programs and services may be provided within the watershed area that is determined to be advisable to further its objectives, which will require an agreement with municipalities if costs are to be apportioned. The agreement will include specific details regarding apportioned costs, termination date, review process and other requirements that may be prescribed by regulations; S.21.1.2

Comment
This proposed change is intended to provide clarity to municipalities for programs and services that are funded to differentiate between mandatory and non-mandatory programs through a memorandum of understanding with a term between 4 and 8 years. There are no details outlining how this would be accomplished, whether by one agreement amongst all watershed municipalities or individually amongst municipalities. If the intent is to have individual MOU’s with each of our municipalities, the watershed concept and the furtherance of municipalities working together for the benefit of the watershed or lake could be eroded. Otherwise, the proposal would enable a clear outline of activities and services performed under this new framework which could be beneficial. Our budgets undergo an annual scrutiny and the implementation of a MOU to clarify or understand our programs the programs offered is reasonable.

The notion of an agreement for other programs and services, while beneficial to clarify the types of activities that are support by municipalities, should be implemented in a fashion that will not result in a fracturing of common programming between municipal partners, which has the potential to result in increased confusion from the public, stakeholders and partners regarding the services a conservation authority provides within its watershed. The proposed amendments have the potential to confuse a general benefiting levy in relation to the proposed agreement with municipalities for services provided, and care should be taken to ensure this does not exist.

3) Establish a transition (example – 18 to 24 months) and process for conservation authorities and municipalities to enter into agreements

Bill 108:
A transition plan will be required when an agreement is required to provide other programs and services advisable to further the objects of a conservation authority.

The plan will include details that will be identified in regulations, and will include an inventory of programs and services, consultation with participating municipalities on the inventory and the development of an agreement to fund costs; S. 21.1.3

Comment
Providing a time frame for planned adaptation is reasonable and a two-year time frame would be preferred, and the ability to extend this transition period if amenable and agreed to by the partner municipalities.

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

Bill 108:
An investigator may be appointed to conduct an investigation of an authority's operations including the programs and services it provides; S. 23.1 (4)

An investigator may inquire into any or all of an authority's affairs, require the production of any records and inspect, examine and audit them, conduct a financial audit of the authority's operations and require any member of the authority and any other person to appear before the investigator and give evidence on oath about the authority's affairs; S. 23.1.5

A report will be provided to the Minister, and a copy provided to the authority. S. 23.1.7
The Minister may require the authority to pay all or part of the cost of an investigation conducted. 23.1.8

Comment
There is no current clarity in the act on resolution in matters of governance or audit. This is a reasonable provision to include in amendments.

The conditions for when an investigation may be carried out by the Minister should identify the circumstances in which an investigation would be warranted, either in the proposed amendments or in regulations. The cost of an investigation to be borne by a conservation authority in whole or in part should be removed from the proposed amendments. An investigation presumptuously would be conducted in the interests of the broader public and costs should remain with the Province.

5) Board members act in the best interest of the Conservation Authority

Bill 108:
A provision is included in the proposed amendments to this end; S. 14.1

Comment
This is a reasonable amendment and will help ensure a stronger governance model.

6) Proclaim un-proclaimed provisions

Bill 108:
Portions of the act will be proclaimed. This appears to include sections related to the Recovery of Capital Costs S.25 and the Review of apportionment of capital costs S.27

Comment
There are a number of un-proclaimed sections in the Conservation Authorities Act. These are the proposed sections to be proclaimed:
1) Fees for programs and services
2) Transparency and accountability
3) Approval of projects with provincial grants
4) Recovery of capital costs and operating expenses from municipalities (municipal levies)
5) Regulation of areas over which conservation authorities have jurisdiction (eg. development, permitting)
6) Enforcement and offences
7) Additional regulations

The details supporting the proposal to the proclaimed sections above would require regulatory additions which would define the context under which a modernization of our programs would be operating under. It is difficult to comment specifically on the impacts on our business which would present themselves in the details not yet defined. In general, enactment of un-proclaimed sections in the act would be beneficial as they have already been deliberated upon and been determined to be a reasonable course of action based on recent consultation. In developing the regulations and context under which un-proclaimed sections would be proclaimed, we would encourage the Province to consider the supporting programs for mandated areas of our business and the scale of Conservation Authority business operations in the establishment of service delivery standards, and setting of fee structures. There remain a number of other provisions which will continue to be un-proclaimed.

We urge the Province to proclaim other un-proclaimed sections specifically items contained within Part VII Enforcement and Offences of the Act, which includes stop work orders, offences and rehabilitation order sections.

7) Drinking Water Source Protection Costs

Bill 108 :
Definition of a specified municipality is provided for which identified municipalities that only participate in a conservation authority as a result of the Clean Water Act, 2006,

A provision is included that identifies that an authority may, from time to time an din accordance with the regulations, determine the amounts owed in connection with the programs and services that the authority provides in respect to the Clean Water Act and the Lake Simcoe Protection Act; S. 27.2 (1) and (2)

A Series of clauses are included in the proposed amendments to accommodate this new provision, which includes notice, payment of amounts, review of notice, hearings decisions, and debt due; S. 27.2 (3) through (11)

Comment
While the provision only applies to municipalities that are included as part of the Clean Water Act, this provision does represent a departure from the current funding framework. This program should remain provincially funded, which will remove the necessity of including this proposed amendment as it relates to the Clean Water Act.

8) Regulations

Bill 108:
Section 40 is proposed to be repealed and new content introduced regarding regulations that may be introduced.

Many proposed regulations that maybe introduced.

Many proposed regulations are consistent with the repealed section.

New/substituted regulations include the following with respect to the Lieutenant Governor in Council:
- prescribing programs and services for the purposes of defining core programs and services
- respecting standards and requirements applicable to programs and services for the purposes of identifying mandatory programs related to natural hazards and conservation and management lands; S. 40(1)

New/substituted regulations include the following with respect to the Minister:
- prescribing the period for the purposes of an agreement related to other programs and services offered
- prescribing the requirements of an agreement with a municipality related to the provision of other programs and services offered
-prescribing an effective day for the purposes of a prohibition of apportionment of benefit and maintenance and administration costs without an agreement for other programs and services
- prescribing circumstances for the purposes of extension of time where an agreement has not been struck with a municipality related to the apportionment of benefit and maintenance and administration costs for other program and services
-governing the determination of amounts owed by specified municipalities related to drinking water source protection; S. 40(2)

The proposed regulations with respect to natural hazards (S.28) by the Minister are similar to the repealed section, although placed in a separate section in the proposed amendment as S. 40(3)

Comment
When defining the programs and services for the purposes of defining core programs and services and the standards and requirements for the same, the Province is urged to consider the holistic nature of these programs. These programs rely on a number of support programs to achieve their objectives. For example, programs and services related to natural hazards are inclusive of permitting activities, planning comments, and flood forecasting; however, paramount to the success of these programs and services is the overarching watershed planning concept, which places discrete activities into a framework that can be managed as a whole, rather than in finite components that are not viewed as activities impacting and related to each other. This is a key concept that is not dissimilar to planning for growth in urban areas in a holistic way that seeks to balance a community’s needs for a better future.

In the determination of regulations prescribing agreement details with municipalities, the Province is urged to consider the effectiveness and efficiency of the provision of services. Enlisting the process with legislative requirements, while beneficial from the standpoint of consistency, may also encumber the speed of business and reduce the flexibility needed to address all situations.

Thank you for the opportunity to review and comment on the draft policy changes; we look forward to a further opportunity to provide input on the proposed regulation (in consultation with other conservation authorities) prior to the regulations taking effect.