My main concern with the…

My main concern with the Conservation Act deals with jurisdiction. This is the central issue for a Conservation Authority. Jurisdiction is referenced 53 times in the Conservation Authorities Act. No where is it clearly defined what the Jurisdiction is.

Section 28.1 says they can make regulations for land within their jurisdiction.

Regulations by authority re area under its jurisdiction
28(1) Subject to the approval of the Minister, an authority may make regulations applicable in the area under its jurisdiction,

(a) restricting and regulating the use of water in or from rivers, streams, inland lakes, ponds, wetlands and natural or artificially constructed depressions in rivers or streams;

(b) prohibiting, regulating or requiring the permission of the authority for straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream or watercourse, or for changing or interfering in any way with a wetland;

(c) prohibiting, regulating or requiring the permission of the authority for development if, in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development;

(d) providing for the appointment of officers to enforce any regulation made under this section or section 29;

(e) providing for the appointment of persons to act as officers with all of the powers and duties of officers to enforce any regulation made under this section. 1998, c. 18, Sched. I, s. 12.

Section 28.20 allows powers of entry without a warrant. It all comes down to jurisdiction.

Powers of entry
(20) An authority or an officer appointed under a regulation made under clause (1) (d) or (e) may enter private property, other than a dwelling or building, without the consent of the owner or occupier and without a warrant, if,

(a) the entry is for the purpose of considering a request related to the property for permission that is required by a regulation made under clause (1) (b) or (c); or

(b) the entry is for the purpose of enforcing a regulation made under clause (1) (a), (b) or (c) and the authority or officer has reasonable grounds to believe that a contravention of the regulation is causing or is likely to cause significant environmental damage and that the entry is required to prevent or reduce the damage. 1998, c. 18, Sched. I, s. 12.

Section 23.2 says there is land outside the jurisdiction of a conservation authority.

Areas not under jurisdiction of authority
(2) Despite any powers conferred on the council of a municipality under this or any other Act, in an area that is not under the jurisdiction of an authority, the Minister may, when and for such periods as he or she considers necessary in the public interest,

(a) require the council of a municipality to carry out flood control operations in a manner specified by the Minister;

(b) require the council of a municipality to follow instructions issued by the Minister for the operation of one or more of the water control structures operated by the council; or
(c) take over the operation of one or more of the water control structures operated by the council of a municipality and require the council to reimburse the Minister for any costs incurred by the Minister as a result. 1996, c. 1, Sched. M, s. 45.

Not surprisingly, Private Property or Private Land is only mentioned twice

Powers of authorities
21(1) For the purposes of accomplishing its objects, an authority has power,

objects;

(g) to enter into agreements with owners of private lands to facilitate the due carrying out of any project;

Question 1: So how is jurisdiction gained or lost, and who agrees to that jurisdiction? Can a landowner opt out? does he have to agree? What rights do I have on my land that the Conservation Authority has claimed as being under their jurisdiction ?

Second question would be Section 31 of the CA act that says any use of their authority falls under the Expropriations act, so does all the wetland designation cost them anything, and if not, why not?

Expropriation
31 The Expropriations Act applies where land is expropriated by an authority or where land is injuriously affected by an authority in the exercise of its statutory powers. R.S.O. 1990, c. C.27, s. 31.

I've downloaded maps from the Halton Conservation website. The website says that these maps are for information purposes only, but friends of mine were convicted on charges laid by Halton Conservation for putting a horse ring too close to a wetland based on these maps. They are appealing the decision. The yellow line represents land claimed to be within the Conservation Authorities Regulation Limit. How are these lines set ? At one time Conservation Authourities only had jurisdiction on land owned by the CA or a Municipality, not private property. That has changed drastically. Also, insignificant wetlands, eg small ponds that had been dug, are being marked as Wetland Hazards with a buffer zone around them. As well, CA's used to only claim 30m from a river, stream, etc. But now they are claiming up to 120m as shown on the maps. Do Land owners have any rights over their property ?

I also want to make clear that I am a responsible land owners. I have always been environmentally conscious. I have planted many trees over the years and will be planting more.

The Conservation Authorities across Ontario have for decades been moving away from their intended mandate as established by Queens Park.

The original mandate of CA’s was to protect property from flooding, build and maintain dams, build storm ponds, ensure Municipal drains are maintained by Municipalities and kept free of debris, keep waterways clear of debris, siltation, removal of beaver dams that cause woodland damage and put property at risk, stop erosion, mapping of watersheds, wetlands and flood zones.

They should not take over septic system approvals, building permit approvals, stop property owners from protecting their land from flooding or erosion, restrict land use on property not owned by the CA’s or where land contracts are not in place. Place setbacks onto property not owned by the CA’s with restrictions as to what a property owner can and can not do with their land.

Thank you for allowing me to comment.