In June 2019, the Government of Ontario introduced changes to the Conservation Authorities Act through the More Homes, More Choice Act, 2019 (Bill 108). On December 8, 2020, Bill 229 Protect, Support and Recover from COVID-19 Act received Royal Assent and included further legislative changes to the Conservation Authorities Act. On October 25, 2022, the government released More Homes Built Faster: Ontario’s Housing Supply Action Plan 2022-23. As part of this Action Plan, the government introduced Bill 23 – the More Homes Built Faster Act, 2022.
These changes define the mandatory programs and services that the province requires Conservation Authorities to deliver. The Act also allows for Conservation Authorities to deliver other programs and services to meet local watershed needs either by way of an agreement with Municipalities or at the CA board
members’ discretion.
To implement the province’s proposed legislative changes, the province planned a series of regulations, delivered in 3 phases.
Phase 1 was released by the Ontario government in October 2021 and includes the following three regulations.
• Ontario Regulation 686/21: Mandatory Programs and Services. This regulation prescribes the mandatory programs and services CAs would be required to provide, including core watershed-based resource management strategies. A Program and Services Inventory (identifying Category 1: Mandatory Programs and Services, Category 2: Municipally Negotiated Programs and Services, and Category 3: Other Programs and Services) was completed by NBMCA and circulated to member municipalities on by February 24, 2022. Based on feedback from the Ontario government and NBMCA member municipalities, the Programs and Services Inventory was updated further in 2023-2024.
• Ontario Regulation 687/21: Transition Plans and Agreements for Programs and Services Under Section 21.1.2 of the Act. This regulation requires each CA to have a ‘transition plan’ that would outline the steps to be taken to develop an inventory of programs and services and to enter into agreements with participating municipalities to fund Category 2 and 3 programs and services through a municipal levy. The Transition Plan, completed in December 2021, was circulated to municipalities and posted below. The Municipal Agreements are available at: https://nbmca.ca/governance/agreements-and-memorandum-of-understandings/
• Ontario Regulation 688/21: Rules of Conduct in Conservation Areas. Effective April 1, 2024, this regulation comes into effect. It sets out the rules of conduct in conservation areas across the province.
Phase 2 was posted by the Ministry of Environment, Conservation and Parks to the Environment Registry in January 2022 (comments closed Feb 25, 2022). A decision notice with links to the final regulations and policy is available on the Environmental Registry of Ontario (notice number 019-4610) Phase 2 contains regulatory and policy proposals regarding:
- the municipal levy
- the budget process
- the scope of the classes of programs and services that the Minister approves for CAs to charge fees
- requirements to increase transparency of CA operations
Phase 2 Regulations are posted to the Environmental Registry “Regulatory and policy proposals (Phase 2) under the Conservation Authorities Act, ERO#019-4610”.
The regulations can be viewed through the e-laws website or the links below.
- Reg. 402/22: BUDGET AND APPORTIONMENT
- Reg. 401/22: DETERMINATION OF AMOUNTS UNDER SUBSECTION 27.2 (2) OF THE ACT
- Reg. 400/22: INFORMATION REQUIREMENTS
- Reg. 399/22: TRANSITION PLANS AND AGREEMENTS FOR PROGRAMS AND SERVICES UNDER SECTION 21.1.2 OF THE ACT
The “Minister’s Fee Classes Policy” can be found in the Environmental Registry Decision Posting or the link below.
Minister's Fee Class Policy
Phase 3 focuses on development permits and how CAs regulate prohibited development and other activities, Effective April 1, 2024, O. Reg. 41/24: Prohibited Activities, Exemptions and Permits sets out details on: prohibited activities and areas where a conservation authority permit is required, exemptions from a permit for certain low-risk activities, the process for applying for a conservation authority permit, and service requirements for conservation authorities in reviewing permit applications. The new regulation will apply to all conservation authorities. The existing 36 conservation authority-specific regulations (“Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”) and the regulation governing their contents (O. Reg. 97/04) will be revoked. This new regulation will ensure clear and consistent requirements for conservation authorities and permit applicants while still addressing local differences. Amendments to O. Reg. 686/21: Mandatory Programs and Services, also in effect April 1, 2024, prescribes requirements for conservation authorities to prepare an annual report that outlines statistics on permits, including reporting on their level of compliance with the requirements set out in O. Reg. 41/24.
