Conservation Authorities Act

Headwaters Workshop Eastern Region

February 25th, 2011 Garden Inn, Ottawa International Airport

Don Maciver MCIP, RPPDirector of Planning Rideau Valley Conservation Authority

Important Sourcing Information______________________

With respect, this presentation has been adapted from a previous presentation prepared by Laurie Nelson MCIP, RPP - Senior Manager, Development Planning and Policy at TRCA; imitation is the sincerest form of flattery.

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Conservation Authorities Act Legislated in 1946 in response to concerns of soil

erosion and flood damage; putting “the boys” from the war (WW II) to work….

Provided means for provincial and municipal governments to join together to form a conservation authority and undertake programs for natural resource management on awatershed basis

Broad responsibilities for watershed management, community based projects and municipal partnerships

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Conservation Authorities

Conservation Authorities ActThe powers of a Conservation Authority are described within Section 21(1), sub sections (a) through (q) of the Conservation Authorities Act, R.S.O., 1990.

In particular, for the purpose of accomplishing its objects, an Authority has power:

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Objects20. (1) The objects of an authority are to establish and undertake, in the area over which it has jurisdiction (the watershed), a program designed to further the conservation, restoration, development and management of natural resources other than gas, oil, coal and minerals. R.S.O. 1990, c. C.27, s. 20.

Same

(2) Despite subsection (1) and subject to any other legislation pertaining to these resources, authorities may enter into agreements to allow exploration, storage and extraction by others in order to share in the revenue from use of gas or oil resources owned by them if,

(a) the use is compatible with the conservation, restoration, development and management of other natural resources; and

(b) extraction occurs on land adjacent to, but not on, conservation authority land. 1998, c. 18, Sched. I, s. 10.

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Programs and Policies

• Flood Forecasting and Warning• Drought Response• Watershed Monitoring (terrestrial

and aquatic, surface water quality and quantity, sub-surface resources)

• Source Protection Planning • Watershed Plans and Strategies• Lake Planning • Watershed Information aggregation• Watershed Report Cards (existing

conditions /data gaps)• Planning Advisory Services and

Regulatory Policies• Septic Inspection / Re-inspection• Fisheries Management Plans• Stewardship / Environmental

Enhancement Programming • Clean Water Grants• Tree Planting programs• Conservation Areas ownership /

conservation lands management• Outdoor Education

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Connected / linked roleCA Role in Planning

Required circulation

(Planning Act) unless screening

agreed to

Provincially delegated responsibility for Natural Hazards (S. 3.1)

(One Window Planning)• MOU with CO, MNR and MMAH that CA’s

are the lead for natural hazard (flooding, soil and slope stability) issues for site specific applications; Province is policy lead.

Natural Heritage, Aquatic, Groundwater, Stormwater Management, etc. (S. 2.1, 2.2)

• MOU’s for Planning Act applications with upper tier / lower tier municipalities to provide technical review and advice vis-à-vis PPS and local OP conformity (wePm’s)

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Other connected / linked roles (other statutes)Other

Canada Fisheries Act Individual CA Agreements with

DFO (Level II, Level III re. habitat – Section 35 only, no enforcement)

Bringing what we know to the process

Environmental Assessment Act As required (local knowledge + regulatory requirements)

OWRA Permits to take Water

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CA Regulatory Role – CA Act Section 28 of the CA Act was updated in 1998 (red tape reduction) to

ensure more consistency among all conservation authority Regulations as well as complementarity with provincial policies (PPS)

“Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” Regulation (O. Reg. 97/04 the “Generic” Regulation) approved by the Province in 2004; established Regulation content requirements ….

May 2006, old “Fill, Construction and Alteration to Waterways” regulation rescinded and new individual Section 28(1) “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” Regulations approved by the Minister of Natural Resources for application by individual CA’s

N. Bay - Mattawa 177/06Quinte 319/09Cataraqui 148/06Mississippi 153/06Raisin 175/06Rideau 174/06South Nation 170/06

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The Development, Interference and Alterations Regulations

28(1) Subject to approval of the Minister, an authority may make regulationsapplicable in the area under its jurisdiction:

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;

b. 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 (the “tests”) may be affected by the development;

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Regulated AreasDevelopment prohibited 2. (1) Subject to section 3, no person shall undertake development, or permit another person to undertake development in or on the areas within the jurisdiction of the Authority that are…

Hazardous Land (flood, slope, unstable soil(s)) River or steam valley systems (depressional feature)Watercourses (any meeting def’n. in S. 28(25) of the Act)Shoreline of the Great Lakes – St. Lawrence River System & inland lakesWetlands (as defined in S. 28(25) of the Act)Other Areas - … where development could interfere with the hydrologic function of a wetland (typically the 120 m. adjacent lands)

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Where?

Regulated Areas

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Dominant Hazard

Wetland and “other

areas”

Any “water-course”

The Permission- O. Reg.

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Permission to develop 3. (1) The Authority may grant permission for development in or on the areas described in subsection 2 (1) if, in its opinion, the control of flooding, erosion, dynamic beaches, pollution or the conservation of land will not be affected by the development.

(2) The permission of the Authority shall be given in writing, with or without conditions.

Permission to alter 6. (1) The Authority may grant a person permission to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or to change or interfere with a wetland.

(2) The permission of the Authority shall be given in writing, with or without conditions.

Structures / Fill

Alter / change or interfere

Important Definition(s)

“wetland” means land that,

(a) is seasonally or permanently covered by shallow water or has a water table close to or at its surface,

(b) directly contributes to the hydrological function of a watershed through connection with a surface watercourse,

(c) has hydric soils, the formation of which has been caused by the presence of abundant water, and

(d) has vegetation dominated by hydrophytic plants or water tolerant plants, the dominance of which has been favoured by the presence of abundant water,

but does not include periodically soaked or wet land that is used for agricultural purposes and no longer exhibits a wetland characteristic referred to in clause (c) or (d). (“terre marécageuse”) 1998, c. 18, Sched. I, s. 12.

Headwater wetland features – Mississippi / Rideau watershed Hwy 7West Ottawa

“evaluated”

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MVC

RVCA

Important Definition(s)

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Conservation of Land: the protection, management, or restoration of lands within the watershed ecosystem for the purpose of maintaining or enhancing the natural features andhydrologic and ecological functions within the watershed.(*March 2008)

Not as yet formally defined in CA Act or policy; interpreted (by a Committee) as meaning this based on a pattern in decisions over the years by the Ontario Mining and Lands Commissioner who conducts hearings on appeal of CA decisions on behalf of the Minister of Natural Resources

*Draft Guidelines to Support Conservation Authority Administration of the “Development, Interference with Wetlands and Alteration to Shorelines and Watercourse Regulation”, MNR/CO, April 18, 2008 (unapproved)

Important Definition(s)“Watercourse”“An identifiable depression in the ground in which a flow of water regularly or continuously occurs”

Section 28 (5), CA Act

“Interfering in Any Way”

Also not as yet defined in CA Act…Interpreted as:

“any anthropogenic act or instance which hinders, disrupts, degrades or impedes in any way the natural features or hydrologic and ecologic functions of a wetland or watercourse” (*March 2008)

*Draft Guidelines to Support Conservation Authority Administration of the “Development, Interference with Wetlands and Alteration to Shorelines and Watercourse Regulation”, MNR/CO, April 18, 2008 (unapproved)

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Ephemeral Intermittent Perennial

Natural features and hydrologic / ecologic functions “hinders, disrupts, degrades or impedes …”

Features•Channel morphology•Substrate•Vegetation•Wetland

Functions•Hydrology / transport

of Water •Sources of Water•Sediment transport•Habitat

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Legislation and Policies

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Implementation

Local policies developed and approved by Board of Directors to ensure consistent implementation of Section 28 regulations.

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Implementation Guidelines

The next

step?!

Laura Del Giudice TRCA

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