• Conservation authorities…

The following is a brief summary of the key points of the comment dated May 21, 2019:

• Conservation authorities add complexity that is unnecessary, delays development proposals in an unwarranted manner and adds costs that is not unjustified.

• The current corporate structure should be dissolved in its entirety and floodplain management should be transferred to municipalities. At the very least, the role of conservation authorities should be limited to generating information on matters within their regulated boundaries for use by municipalities in development applications.

• The name of conservation authorities should be amended to better reflect their statutory mandate to ensure there is no confusion over the scope of their authority.

• Three key limitations should be imposed on section 21.2(2) of the CAA as it relates to fee structure:
(1) A conservation authority should not be permitted to charge fees on development applications;
(2) All fees that can be charged should be limited to cost recovery only; and
(3) The Minister should only be able to approve a program or service undertaken by the conservation authority if it falls within a conservation authorities regulated area.

• The Minister should pass one regulation containing mandatory sections that are required to be included in all regulations passed by conservation authorities, or that are incorporated by reference into any regulation passed by a conservation authority.

• All regulations approved by the Minister should only be approved where the prohibition, regulation, or requirement for permission of the authority is proven to be required based on recognized scientific methodology and that the work demonstrates that the area needs to be regulated to control flooding, erosion, etc. (section 28(1)(c)).

• The Minister should make clear in the regulations that establish “other areas” that only allows regulation of those areas already within regulated limits as established by the Minister’s approved mapping (section 28(5)(e)).

• To provide clarity on section 28(4) of the CAA, mapping should be approved by the Minister and publically available. Further, approval of maps that permit authorities to regulate an area should be subject to a public process, similar to official plans and zoning by-laws.

• Conservation authorities should have greater disclosure obligations.

• A regulation should be made that provides that any dispute relating to development applications, refusals, and permits related to development be reviewed by the LPAT rather than the Mining and Lands Commissioner.

• Definitions should only apply within the regulatory limits for the relevant conservation authority (relating to proposed provisions 28(4)(a)(vi) and 28(4)(c)).

• The minister should limit conservation authorities’ ability to take ecological compensation to criteria that is approved by the Minister and established only after consultation with the development industry.