The following comments from…

The following comments from the Region of Waterloo were endorsed at the June 22, 2021 Committee of the Whole meeting, with final approval to be received at the June 30th Council meeting. The full report with appended comments is attached as a PDF.

Liz Mikel
Conservation and Source Protection Branch
40 St Clair Ave W
14th Floor
Toronto, ON
M4V 1M2
Canada

To date, the province has limited the core programs and services that should be provided by Conservation Authorities to those related to the risk of natural hazards, conservation on the lands they control, and source water protection, but is also proposing that other potential programs or services may be prescribed by the regulation including Core Watershed-based Resource Management Strategy and Provincial Water Quality and Quantity Monitoring.

The Region has the following comments on the proposed Phase 1 regulations included in the ERO Posting #019-2986, dated June 22, 2021:

• The core mandate of Conservation authorities must be expanded. Water and natural heritage resources are provincial interests that are best managed at a watershed scale, with active leadership from Conservation Authorities.
o The Provincial Policy Statement (PPS) requires that planning authorities use the watershed as the ecologically meaningful scale for integrated and long-term planning to protect, improve or restore the quality and quantity of water (2.2.1).
o Growth Plan and Greenbelt Plan policies also require watershed planning to be undertaken to inform the protection of water resource systems and decisions related to planning for growth. Growth Plan policy 4.2.1.1 identifies that municipalities may partner with conservation authorities, as appropriate, to undertake watershed planning, and policy 3.2.6.4 directs municipalities that share an inland water source or receiving water body to coordinate their planning for potable water, stormwater, and wastewater systems based on watershed planning.
o The provincial Natural Heritage System and Agricultural System are an important part of watershed characterization. Natural heritage features and areas identified as part of the NHS and beyond are important for maintaining ecological health within a watershed, while agricultural activities may have impacts on the health of the watershed. Land use planning at the appropriate watershed scale can account for the influence of these broad land use designations.
o The province also requires municipalities to plan for and respond to a changing climate. Climate change has the potential to place increased stress on water resource systems and municipal infrastructure that can by mitigated through effective watershed-based planning and program implementation.

• Mandatory programs and services can be more effectively and equitably implemented. Programs that support provincial interests, are watershed-based, provide benefits beyond individual property or municipal boundaries, and require inter-municipal collaboration should be included in the Conservation Authority’s core mandate. These include:
o Programs that focus on land stewardship, water quality and quantity, wetland conservation, and watershed ecological health; and
o Services including comprehensive watershed planning, local non-fee-based recreation and greenspace provision, monitoring, and conservation land securement.
o The Grand River Conservation Authority has established strong watershed-wide programs that enable municipalities to work together to meet targets, respond to spills, optimize water treatment, etc. This valuable watershed approach is at risk of being lost without the support and oversight of the province.

• If these key programs and services are non-mandatory, the province needs to provide municipalities and/or Conservation Authorities with a mechanism to negotiate and secure appropriate inter-municipal participation and funding.
o Under the proposed regulation, non-mandatory programs would need to be supported through separate service/funding agreements and funded through municipal levies. This program format makes these programs and services vulnerable to municipalities opting out, under/un-equitable funding, and reduced program benefits.

• The province needs to maintain or increase funding for the existing provincially mandated programs and services, and to consider funding additional proposed programs and services of provincial interest that go beyond municipal boundaries.
o Although not currently being suggested, the proposed regulation provides a legal framework for the province to download mandatory Conservation Authority programs and services, to be included in a Memorandum of Understanding with individual municipalities, to be covered all or in part by municipal levies.
o The current provincial source water protection program is also vulnerable as it is funded through an annual grant program.

In addition, the Region recommends the following specific changes to the proposed regulations:

• Conservation Authorities should be required to provide input on and review of Official Plans and other relevant planning documents with respect to their mandated programs and services should. This input should be provided early in the planning process and be done consistently across the watershed.
o Conservation Authorities have technical information and expertise that is critical to informing the land use planning processes
o Early consultation and input can complement the existing requirement for review and approval through the provincial “one window” system

• If community advisory boards are provincially required, staff and administrative support for the committees should be recognized as a mandated service and be funded as such.

• The proposed transition period is unrealistic in a large and complex watershed with multiple municipalities, upcoming elections, and known budget cycles and deadlines.

Please feel free to contact Kate Hagerman, Manager of Environmental Planning at khagerman@regionofwaterloo.ca or 519-501-8271 if you require any additional information or have any questions.

Regards,

Rod Regier
Commissioner of Planning, Development and Legislative Services
Region of Waterloo