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.

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.

These changes defines 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 is planning 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.


• 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 must be completed by January 2024.
2022.

• Ontario Regulation 688/21: Rules of Conduct in Conservation Areas. This regulation consolidates the current individual CA ‘Conservation Area’ regulations made under Section 29 of the Conservation Authorities Act into one Minister’s regulation that regulates the public use of CA owned land. This regulation will come into effect when the unproclaimed provisions of Part VI and VII of the Conservation Authorities Act that deal with development permissions come into effect.

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 now 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. 

  1. Reg. 402/22: BUDGET AND APPORTIONMENT
  2. Reg. 401/22: DETERMINATION OF AMOUNTS UNDER SUBSECTION 27.2 (2) OF THE ACT
  3. Reg. 400/22: INFORMATION REQUIREMENTS
  4. 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 will focus on development permits and how CAs regulate prohibited development and other activities,  NBMCA administers Ontario Regulation 177/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses (DIA) - pursuant to Section 28 of the Conservation Authorities Act.   Phase 3 has not yet been released by the province.