Consultation on Proposed Governance Regulations for Regional Conservation Authorities and the Ontario Provincial Conservation Agency

1. Proposed regulation setting out the method for determining the number of members appointed to regional conservation authorities (CAs)  

Subsection 2(2) of the Conservation Authorities Act (CAA)sets out the number of members each participating municipality can currently appoint to a CA based on its population within the CA's area of jurisdiction. Using this approach for the planned regional CAs would result in very large numbers of members (i.e., large board sizes). This could create governance and decision-making challenges. The ministry is therefore proposing a new approach for determining how many members each participating municipality appoints to a regional CA.

Recent amendments to the CAA established the governance framework for regional CAs. Under this framework, participating municipalities responsible for appointing members to regional CAs will be single-tier and upper-tier municipalities. Upper-tier municipalities are counties and regional municipalities.  

Sections 1.5 and 14 of the CAA provide that the number of members each participating municipality appoints to a regional CA is to be determined by a method set out in regulation. The proposed regulation would replace the current method used to determine the number of members appointed to CAs.   

The number of members each participating municipality appoints to a regional CA will be determined in accordance with the following:  

• The number of members appointed by a participating municipality must be based on its share of the population within the regional CA   
• Each participating municipality will be entitled to at least one member 
• The maximum number of members any single participating municipality may appoint will be set 
• A maximum number may the total number of members appointed to a regional CA by all the participating municipalities will be set 

The ministry is proposing a regulation that would establish a population-based method for determining the number of members each participating municipality appoints to the regional CA (see further details in attached supplemental document). The proposed method would apply to appointments to regional CAs following the transition date (February 1, 2027 or such later date as may be prescribed by the regulations) and would also apply to the initial appointments to be made before the transition date (s. 1.5(1)).  

Proposed method for how to determine the number of members each participating municipality appoints to the regional CA: Tiered Allocation Formula 

Under the proposed Tiered Allocation Formula, the number of members each participating municipality appoints to a regional CA would be based on its share of the regional CA’s total population. Participating municipalities would be assigned to one of four population-based tiers, with each tier corresponding to a set number of members, as follows: 

• Tier 4: Where a participating municipality’s population* represents more than 30 per cent of the total population within the regional CA, they appoint four members
• Tier 3: Where a participating municipality’s population* represents 15 per cent or more but less than 30 per cent of the total population within the regional CA, they appoint three members
• Tier 2: Where a participating municipality’s population* represents 5 per cent or more but less than 15 per cent of the total population within the regional CA, they appoint two members
• Tier 1: Where a municipality’s population* represents less than 5 per cent of the total population within the regional CA, they appoint one member

* For participating municipalities located entirely within a regional CA, the municipality's full population would be used. Where only part of a participating municipality falls within a regional CA, the municipality’s population would be adjusted based on the percentage of the municipality's geographic area that falls within the conservation authority area. For example, if 50 per cent of a participating municipality’s geographic area falls within a regional CA, then 50 per cent of its population would be used in the calculation. These population figures would be used to determine the total population of the regional CA and each participating municipality’s share of the regional CA population and its corresponding tier allocation. 

The proposed Tiered Allocation Formula would ensure that every participating municipality is represented on the regional CA with at least one appointed member, while supporting membership sizes (i.e., board sizes) that enable effective governance and decision-making. 
 

Agreement among participating municipalities on the number of members each appoints to regional CAs  

The CAA allows participating municipalities to enter into an agreement that determines how many members each municipality appoints to a regional CA, rather than using the proposed Tiered Allocation Formula. Any such agreement must be entered into by all participating municipalities of the CA. An agreement would not be required to provide every participating municipality with a minimum of one member. 

The CAA provides authority for a regulation to be developed to establish limits on both the number of members that may be appointed by an individual municipality and the total number of members that may be appointed to a regional CA.  

The ministry is proposing that: 

• A participating municipality may appoint a maximum of five members under a municipal agreement 
• The total number of members appointed to a regional CA under a municipal agreement may not exceed the total number that would be allocated under the proposed Tiered Allocation Formula

This means that where an agreement provides additional appointments to one municipality above what it would otherwise receive under the proposed Tiered Allocation Formula, another participating municipality would need to receive fewer appointments than it would otherwise receive under the proposed Tiered Allocation Formula in order to not exceed the total maximum size.  

Because municipal populations may change over time, the total number of members allocated under the proposed Tiered Allocation Formula may also change. As a result, the maximum total number of members permitted under a municipal agreement may change over time as well.  

Important: The proposed Tiered Allocation Formula would need to be used for the initial appointments to regional CAs before the transition date (February 1, 2027, or such later date as may be prescribed by the regulations), as required under the CAA. Agreements setting out an alternative method may only be entered into after the transition date.  
 

2. Proposed regulation for Ontario Provincial Conservation Agency board member ineligibility   

The ministry is proposing a regulation that would establish additional ineligibility criteria for appointments to the board of directors of the Ontario Provincial Conservation Agency (OPCA). Specifically, the following individuals would be ineligible for appointment:  

• a registered lobbyist under Ontario's Lobbyists Registration Act 
• a current member of a CA 
• an individual currently employed as an officer or senior staff member of a CA  

These proposed restrictions are intended to support public confidence in the governance of OPCA and help avoid potential conflicts of interest or undue influence.  

The CAA provides that a person is not eligible to be appointed by the Lieutenant Governor in Council to serve on the board of directors of OPCA if the person is a member of Parliament, a member of the Legislative Assembly, or satisfies any additional criteria prescribed by regulation (s. 35.6(2)). The ministry is proposing this regulation pursuant to that authority.  

Analysis of regulatory impact 

There are no new regulatory impacts associated with this proposal. The CAA already requires participating municipalities to appoint members to each CA. The proposed regulation would establish the method for determining how many members each participating municipality appoints to a regional CA.  

The proposed appointment method is intended to minimize regulatory burden and compliance costs for municipalities and CAs while supporting implementation of the governance framework established under the CAA. 

Context 

In November 2025, the CAA was amended to establish OPCA. OPCA is responsible for overseeing the transition to a regional watershed-based framework for CAs and providing centralized leadership and oversight of the regional CA system.  

In April 2026, the CAA was amended to provide for the consolidation of CAs into nine regional CAs, anticipated to occur on February 1, 2027, or such later date as may be prescribed by regulation. The amendments also established transition rules and activities to be coordinated by OPCA in support of implementation.  

OPCA will also support consistent service delivery across regional CAs through provincewide performance standards, centralized data management, updated floodplain mapping, and the development of a single digital permitting platform.  

This proposal notice seeks feedback on two proposed regulations under the CAA: 

• a proposed Tiered Allocation Formula for determining how many members each participating municipality appoints to a regional CA 
• proposed additional ineligibility criteria for appointments to the board of directors of OPCA 

The proposals are described above. Additional detail on the proposed Tiered Allocation Formula is provided in the attached supplemental document. 

Key terms used in proposal: 
 

Participating municipality means a municipality that is designated by or under the CAA as a participating municipality for a regional CA.

Member means an individual appointed to a CA by a participating municipality. In practice, the role of a member of a CA is similar to that of a director on a board.

Tiered Allocation Formula means the proposed method for determining how many members a participating municipality appoints to a regional CA, based on the municipality's share of the regional CA population. Municipalities would be assigned to one of four population-based tiers, with each tier corresponding to a set number of members.

Transition date means February 1, 2027, or such later date as may be prescribed by the regulations. On the transition date, CAs are consolidated to create nine regional CAs.

Regional conservation authority (regional CA) means one of the nine regional CAs that would be in place following the consolidation of CAs on the transition date.

Ontario Provincial Conservation Agency (OPCA) is a provincial, board-governed agency overseen by the Ministry of the Environment, Conservation and Parks that is leading the consolidation of CAs and providing oversight of the regional CA system.