June 25, 2021 Via electronic…

June 25, 2021

Via electronic submission at: https://ero.ontario.ca/notice/019-2986

Ministry of the Environment, Conservation and Parks

Dear Madam/Sir:

Re: Lake Simcoe Region Conservation Authority Comments “Regulatory Proposals (Phase 1) under the Conservation Authorities Act” (ERO#019-2986)

Please find below a summary of comments and recommendations on behalf of the Lake Simcoe Region Conservation Authority (Authority) for consideration. The Authority thanks Minister Yurek and the staff team at the Ministry of Environment, Conservation and Parks for the opportunity to participate on the Minister’s Conservation Authorities Act Working group over the past six months to provide insight in the development of required regulations.

Summary of Comments:
1. The COVID-19 pandemic has established without a shadow of doubt the importance of nature spaces and the ability to visit them. Visitor usage of the Authority’s properties and passive trail networks more than doubled from pre-pandemic numbers. This usage is expected to remain much higher with increased realization that amazing nature properties exist with trails and associated passive amenities. It will also be a significant challenge to try to breakdown the costs of what falls under mandatory land management and non-mandatory passive recreation as these aspects of conservation land management are intertwined.
Passive recreation and the supporting infrastructure must be reconsidered to become a mandatory program. Access to these natural spaces and trails is critical to assist in post-pandemic recovery and vibrant and healthy populace. The Authority strongly encourage this change.
2. The increased usage of Authority lands has come with increased challenges, including improper use, vandalism, and increased visitor confrontation. The Authority encourages the province to include “peace officer” in the definition of a conservation authority officer and to expand the Class Designation of authority staff enforcing S.29 to the equivalence of provincial park warden allowing for the enforcement of the following such as: Highway Traffic Act, Liquor Licence Act, Motorized Snow Vehicles Act, and the Off-Road Vehicles Act.
3. The Authority requests that the creation and implementation of a Community Advisory Board not be required until 2023. The regulation/s should clearly identify this a mandatory program which ensures any implementation costs fall within the mandatory levy funding.
4. The Authority supports the addition of water-based resource management strategies.
5. The Authority requests that the reference to “in accordance with Provincial One Window Planning Service protocols” be excluded from the text of the regulation implementing the mandatory service of providing land-use planning input related to the Natural Hazards policies of the Provincial Policy Statement (Statement) and the text for this mandatory activity be worded as follows:
Land-use planning input representing the provincial interest related to Section 2 of the Planning Act and the Natural Hazards policies of the Statement, (excluding policies associated with wildland fires) in relation to Official Plan reviews, Planning Act applications, including, when appropriate, Planning Act appeals to the Local Planning Appeal Tribunal related to Natural Hazard policies, and input into review of applications for new or amended Special Policy Areas.
6. Hazard management includes a wide range of activities to assist in the protection of people, property, and infrastructure. One key activity is focused on restoration activities that fully or partially reduce these risks. Watershed based restoration programs that assist in hazard management should be a mandatory program. The Authority has recently been involved in several projects that are focused on flood relief and reducing flood risks and decreasing flood prone areas, and accordingly this work is viewed as a fundamental activity within the mandate of conservation authorities.
7. The requirements for agreements and/or memorandums of understanding for non-mandatory programs in relation to formal municipal budget approvals represents a potential challenge simply best described as “chicken or egg – which comes first”. This challenge is compounded in that there is a municipal election in the fall of 2022. The Authority encourages the province to recognize that this new process may experience some challenges in the first budget transition year of 2023 and allow minor flexibility as it evolves.
8. The Authority encourages the province to provide for conservation authorities to establish reasonable timelines for the completion of conservation area management plans. The separation of mandatory and non-mandatory components of land management increases the complexity of developing plans or revising recent plans.
9. There is considerable work required over the next eighteen months and beyond to address all the new legislative and regulatory requirements. The Authority encourages the province to work collaboratively with Conservation Ontario to develop where possible consistent templates and standardized reporting to increase efficiency and consistent approaches across the extensive member municipalities.

Thank you for your consideration of our comments as the province finalizes the regulations to implement the legislative changes under the Conservation Authorities Act.
Sincerely,

Wayne Emmerson
Chair, Lake Simcoe Region Conservation Authority