Regulation detailing new Minister’s Permit and Review powers under the Conservation Authorities Act.

Conservation authorities regulate development and other activities through a permitting process under the Conservation Authorities Act and its regulations to protect people and property from natural hazards, such as flooding and erosion. Each conservation authority implements the permitting framework based on legislative and regulatory requirements and technical standards, as well as conservation authority board-approved policies.

New provisions in the Conservation Authorities Act came into effect on April 1, 2024, that included new powers for the Minister to 1) issue an order to prevent a conservation authority from issuing a permit and to take over the permitting process in the place of a conservation authority (“Minister’s permit”), and 2) review a conservation authority permit decision at the request of the applicant (“Minister’s review”).

A new regulation has been made which comes into effect January 1, 2025, that sets out the circumstances under which these Minister’s powers may be used and a process for requests for their use:

1)Minister’s permits

Existing requirements under section 28.1.1 of the Conservation Authorities Act regarding permits issued by the Minister include: 

• The Minister may issue an order directing a conservation authority not to issue a permit to a specific individual to engage in a specified activity, or to persons who may wish to engage in a certain type or class of activity, that would be prohibited under section 28 of the Conservation Authorities Act without a permit
• The Minister’s decision to issue an order is discretionary, and it may be issued either before or after an application for a permit has been submitted to the relevant conservation authority
• Notice of any order must be provided to affected conservation authorities, any person who applied for the permit in question prior to the order and be posted on the Environmental Registry of Ontario within 30-days of the order being made
• If an order is made, the Minister has the power to issue a permit in place of the conservation authority. When making a permitting decision, the Minister is required to consider the same legislative criteria concerning natural hazards and public safety as conservation authorities
• The Minister may refuse a permit or issue a permit subject to such conditions as the Minister determines appropriate.

The new regulation sets out the following additional requirements related to the use of the Minister’s permit power:

• The Minister may make an order to prevent a conservation authority from making a permitting decision and take over the permitting process only if, in the opinion of the Minister, the specified activity or type or class of activity pertains to or supports one of the following matters of provincial interest:
  • The provision of housing
  • The provision of community services such as education long-term care, public health, recreation, security and safety or socio-cultural activities
  • The provision of infrastructure, including communication, transportation, waste management, electrical power, energy, sewage and water services and systems
  • The provision of employment opportunities through the establishment of manufacturing, industrial, agricultural, commercial or agricultural enterprises
  • Any other matter that, in the opinion of the Minister, is in the provincial interest
• If an individual wishes to request that the Minister issue an order, the individual must submit a request to the Minister that includes the following information:
  • The requestor’s name and contact information, including if applicable the contact information of the requestor’s agent or representative
  • A summary of the proposed development activity or other activity (e.g., name, location, current and proposed land use, type of development activity or other activity, and identification of the applicable zoning)
  • An explanation of how the proposed activity pertains to or supports a matter of provincial interest
  • A summary of the steps that have been taken to date, if any, to apply for a permit with the conservation authority (e.g., pre-submission consultation, site visits)
  • Reasons why the issuance of an order by the Minister and applying for a Minister’s permit is the preferred approach, rather than applying to the conservation authority for a permit
  • A description of any licences, permits, approvals, permissions or other matters that would be required before the development or other activity could proceed and the status of obtaining those
  • Confirmation of local endorsement of the proposed development or of the submission of the request for an order (e.g., municipal resolution).
• If a Minister’s order has been issued, and an application has not already been made to a conservation authority for a permit, an application would instead be submitted to the Minister in accordance with the Conservation Authorities Act that must include a fee in the same amount that would have been submitted to the applicable conservation authority, and the following information:
  • The applicant’s and, if applicable, agent’s or representative’s name and contact information
  • A plan of the area showing the type and location of the proposed development activity or other activity
  • The proposed use of any buildings or structures, or a statement of the purpose of the activity to be carried out
  • Start and completion dates for the development activity or other activity
  • Methods to be used in carrying out activities that alter or interfere with a watercourse or wetland
  • The elevations of any existing buildings and grades and the proposed elevations of any buildings and grades after the development activity
  • Details of existing and proposed drainage
  • A description of any fill to be placed or dumped
  • Confirmation the applicant is authorized to carry out the proposed development activity or other activity on the subject property, if the applicant is not the owner
  • Any other technical information, studies or plans that the Minister requests
• Upon receipt of the information required for an application, and the payment of any applicable fee that is required to be paid to the Minister, the Minister shall notify the applicant in writing whether or not the application is deemed to be a complete application within 21-days.

2) Minister’s reviews

Existing requirements under the Conservation Authorities Act relating to requests for review under section 28.1 for conservation authority permits and section 28.1.2 for permits issued under an order made by the Minister of Municipal Affairs and Housing under section 47 of the Planning Act include: 

• An applicant who has been refused a permit or had conditions attached to a permit by a conservation authority to which they object can, within 15-days of receiving reasons for the conservation authority’s decision, submit a request to the Minister to review the conservation authority’s decision. Alternatively, an applicant also has the option to appeal the conservation authority’s decision to the Ontario Land Tribunal
• After receiving a request, the Minister must provide a reply to the applicant within 30-days indicating whether or not the Minister’s intends to conduct the review. If the Minister decides to conduct the review, a notice shall be posted on the Environmental Registry within 30-days of the reply indicating the decision to conduct the review. If the Minister does not reply within 30-days of the request, this is deemed to indicate that the Minister does not intend to conduct a review
• After conducting a review, the Minister may confirm or vary the conservation authority’s decision or make any decision that the Minister considers appropriate, including issuing the permit subject to conditions
• The Minister is required to base the decision on the same legislative criteria concerning natural hazards and public safety that are considered by conservation authorities

The new regulation sets out the following additional requirements related to the use of the Minister’s review power:

• The Minister may conduct a review of a conservation authority permit decision only if, in the opinion of the Minister, the proposed development activity or other activity pertains to or supports one of the following matters of provincial interest:
  • The provision of housing
  • The provision of community services such as education long-term care, public health, recreation, security and safety or socio-cultural activities
  • The provision of infrastructure, including communication, transportation, waste management, electrical power, energy, sewage and water services and systems
  • The provision of employment opportunities through the establishment of manufacturing, industrial, agricultural, commercial or agricultural enterprises
  • Any other matter that, in the opinion of the Minister, is in the provincial interest

Note: This requirement does not apply in the case of a request for the Minister to review the conditions on a permit issued where a Minister’s Zoning Order has been made by the Minister of Municipal Affairs and Housing under the Planning Act.

• A request for the Minister to review a conservation authority’s permitting decision, including any proposed conditions on a permit to which the applicant objects, would be required to include the following information:
  • The requestor’s name and contact information, including if applicable the contact information of the requestor’s agent or representative
  • A copy of the complete application that was submitted to the conservation authority
  • A copy of the written reasons for the conservation authority’s decision that was provided to the applicant
  • If the request relates to conditions imposed by the conservation authority to which the applicant objects, identification of the conditions that are subject to the request for review, the changes requested to the conditions, including any request for the removal of a condition, and the rationale to support the requested changes
  • If the request relates to a conservation authority’s decision to refuse a permit, the rationale in support of requesting that the Minister varies the decision and issues the permit, with or without conditions
  • A summary of the proposed development activity or other activity (e.g., project name, location, current and proposed land use, development or activity type and identification of the applicable zoning)
  • An explanation of how the proposed activity pertains to or supports a matter of provincial interest, unless the request relates to a permit that was issued where a Minister’s Zoning Order has been made
  • Reasons why a review by the Minister would be preferable to appealing to the Ontario Land Tribunal
  • Confirmation of local endorsement, if any, of the proposed development or other activity
  • A description of any licences, permits, approvals, permissions or other matters that would be required before the development activity or other activity could proceed and the status of obtaining them