Review of Conservation Authority Fees for Planning
and Permitting Activities
by the
Conservation Authorities Liaison Committee
October 2012
Table of Contents
1. History of the Conservation Authorities Liaison Committee
2. Mandate and Goals
3. Background: MNR Policies and Procedures for Charging of
Conservation Authority Fees
4. Environics Research Group report
5. Summary of Input to Conservation Authorities Liaison
Committee
6. Overview of Discussions and Comments
7. Conclusions
8. Appendix A. MNR Policies and Procedures for Charging of
Conservation Authority Fees, 1997
1. History of the Conservation Authorities Liaison Committee
In 2007, the provincial government created the Conservation Authorities Liaison
Committee (CALC) in response to perceived lack of clarity on conservation
authority roles and responsibilities in plan review and permitting approvals. The
Committee brought together representatives from the building industry, the
province, municipalities, conservation authorities, Conservation Ontario and
environmental organizations and tasked them with clarifying the role of
conservation authorities in the municipal planning process and in the issuance of
permits under Section 28 of the Conservation Authorities Act (CA Act).
The Committee proposed new guidelines, the ‘Policies and Procedures for
Conservation Authority Plan Review and Permitting Activities’, to outline a
consistent approach to the permitting function undertaken by conservation
authorities under the Conservation Authorities Act and to suggest serviceoriented improvements to the permitting process pertaining to pre-consultation,
complete permit applications, permit decision timelines, and administrative
review mechanisms. The ‘Policies and Procedures for Conservation Authority
Plan Review and Permitting Activities’ was finalized and approved by the Minister
of Natural Resources in May of 2010.
In June, 2010, CALC reconvened with a new role as an “advisory group” for the
Minister of Natural Resource (MNR). The terms of reference was revised to
reflect the shift in CALC’s focus from consensus body to an advisory role related
to conservation authority matters. CALC was to facilitate dialogue amongst the
members and the sectors they represent and to present advice to government.
This dialogue would clarify interrelated roles and promote efficient delivery of
provincial and municipal (local) interests in land use planning, clarify the
relationship of the Conservation Authorities Act to other legislation, and identify
priorities for further action.
2. CALC Mandate and Goals for CA Fees Review
The Minister asked the MNR to conduct a review of conservation authority fees
by the fall of 2010. Based on the report findings, MNR would consider the need
to update existing policies and procedures or options to address identified issues
related to fees.
Goals:
MNR’s goals for the ‘Review of Conservation Authority Fees’ were to:
 Measure compliance of each conservation authority’s fee administration
with MNR’s ‘Policies And Procedures for the Charging of Conservation
Authority Fees’, part of MNR’s Conservation Authority Policies and
Procedures Manual, as related to fee schedule establishment, criteria for
determining fees, transparency and public notification, appeals process
and governance.
•
Assess consistency across the province for services for which
conservation authorities are charging fees, in terms of amount of fee,
coordination with municipal services and fees, structure and establishment
of fees, transparency, and accessibility of appeal processes.
•
Assess fairness and transparency of conservation authority fee structures
and governance.
3. Background: MNR Policies and Procedures for Charging of
Conservation Authority Fees
In January, 1996, the province amended the Conservation Authorities Act to
enable conservation authorities to collect fees for services as approved by the
Minister.
Conservation Authorities Act Section 21 (1)(m.1) states that “For the purposes of
accomplishing its objects, an authority has power to charge fees for services
approved by the Minister.”
The Minister sets out which services conservation authorities may charge fees
for but does not approve individual conservation authority fee schedules or
amounts. These are approved by the conservation authority boards.
The ‘Policies and Procedures for the Charging of Conservation Authority Fees’
outlines specific policies for the conservation authority to use when establishing
fees (a copy is enclosed in Appendix A). MNR reserves the right to audit
conservation authorities for adherence to the Policies and Procedures outlined in
the Manual.
The ‘Policies and Procedures’ outlines the following services for which fees can
be charged:
 Section 28 permit fees
 Plan review
 Response to legal, real estate and public enquiries
 Extension services (e.g., technical advice/implementation of
erosion control measures, forest management/tree planting,
wildlife/fisheries habitat management, management of
forests/recreational land owned by others, technical studies)
 Community relations/information/education services (e.g., tours,
presentations, workshops, demonstrations, special events)
 Sale of products (e.g. reports, maps, photographs)
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
Any services under other legislation (e.g., EPA, LRIA, PLA)
authorized under agreement with the lead ministry
This is provided the service is not supported through provincial grant funding.
Each conservation authority must develop written policy or add to its
Administrative Resolutions, a fees administration guideline which includes:
 A fees schedule
 A process for public notification about new or changes to existing
fees schedule
 A clearly defined review and revision process
 A process for appeal of fee structures.
For planning and permitting services, fee structures should be designed to cover
but not exceed the costs associated with administering and delivering the
services.
Fees should be developed in a manner that does not deter applicants from
receiving due process.
Conservation authorities should consider the following when developing fee
schedules:
 The fees of neighbouring conservation authorities, to promote
consistency
 Nature and level of fees charged by local municipalities and other
agencies and ministries for related services to prevent duplicative
fee structures and to promote consistency in fee schedules
 Complexity of applications and the level of effort required to
administer the application.
4. Environics Research Group report - Review of Conservation
Authority Fees
In the fall of 2010, MNR commissioned Environics Research Group to research
conservation authority fees charged for planning services and permitting. The
review excluded fees charged for other types of services such as recreation,
education programs and the sale of products.
Environics Research Group developed and administered a 25-question survey of
all conservation authorities to collect information regarding their policies and
procedures related to fees and fee administration. All 36 conservation authorities
participated in the survey.
The analysis of conservation authority fees included the following:

A summary of the guidelines in the “Policies and Procedures for the
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Adherence by conservation authorities to the MNR guidelines
Comparisons of conservation authority adherence based on geography
Comparisons of conservation authority adherence based on size (i.e.,
budget and number of staff)
Observations and Recommendations
The ‘Review of Conservation Authority Fees’ report was completed in June 2011.
The survey indicated there is general compliance by conservation authorities with
the MNR fee guidelines.
The report provided the following recommendations:
•
•
•
•
•
•
All conservation authorities should have a written set of fee guidelines to
allow for more transparency in the review and revision of fees.
Those conservation authorities that do not have an online Fee Schedule
should increase public accessibility to fees by making their Fee Schedule
available online.
There should be more consistency in the naming of plan review and
permitting services, which would allow for easier comparison of fees.
All fee and fee policy reviews should involve public consultation with
stakeholders to increase the transparency of fees and allow for more
public input.
There should be an effort to make comparisons to both local municipalities
and neighbouring conservation authorities’ fees
The appeals process, be it formal or informal, should be communicated to
the public.
5. Summary of Input to the Conservation Authorities Liaison
Committee
CALC heard many formal presentations from CALC members on various aspects
and perspectives related to fees for the review of development applications and
conservation authority permits. The presentations served as a starting point for
discussions and education on members’ viewpoints. It resulted in the sharing of
information and a better understanding of the issues by all members.
Presentations included:

MNR presentations: ‘Policies and Procedures for the Charging of
Conservation Authority Fees’ and the ‘Review of Conservation
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Regional Municipality of Durham presentation: Durham Region
Partnership Agreements with Conservation Authorities
Conservation Ontario presentation: Conservation Ontario and
Conservation Authority Representatives, Best Management Practices.
Ontario Home Builders’ Association, Hamilton-Halton Home
Builders’ Association and Building Industry and Land
Development: Conservation Authority Fees
Conservation Ontario/MNR presentation: Conservation Authority
Revenue Sources and Expenditures.
Upper Thames River Conservation Authority, Toronto and Region
Conservation Authority, Kawartha Region Conservation Authority
and Cataraqui Region Conservation Authority: Local Conservation
Authority funding/ fees examples.
Toronto and Region Conservation Authority presentation:
Overview of Toronto and Region Conservation Authority Planning and
Permit Administration Cost Recovery.
Ontario Home Builders’ Association and Hamilton-Halton Home
Builders’ Association and Building Industry and Land
Development presentation: Toronto and Region Conservation
Authority/Vaughan Case Study.
Regional Municipality of Durham Region presentation: Municipal
Fee Structure.
6. Overview of Discussions and Comments
Over the course of the discussions and input, the following three themes
emerged and were used to frame the discussions:
•
•
•
Process for Review or Revision of fees
Eligible Costs and Services and
Process for Mediation of Fee Disputes
The points below outline for each theme the main comments expressed during
discussions by the Committee.
Process for Review or Revision of fees:
•
•
A clear accountable and transparent methodology for setting fees should
be established.
A consistent schedule of applicable development services and categories
for which fees can be charged across all conservation authorities.
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•
•
There should be an explanation of what services are supported through
provincial grants, municipal levies and municipal service agreements.
Implement regular review of fees to ensure:
• No duplication of fees between the various types of planning
applications.
• Rationalized and justified measure of fees by category.
• Annual reports by conservation authorities that are published by
category.
• Stakeholder consultation on fees:
• Should include a background study that summarizes and
explains the financial requirements for the fees and
distinguishes between other funding sources.
• There should be an opportunity to comment on background
study.
Eligible Costs and Services:
•
•
•
•
•
•
There was general agreement on many principles and eligible costs
associated with fee administration.
Conservation authorities may strive for up to 100% full cost recovery for
development generated applications and services. However, the percent
is set by each CA Board.
There is a need to demonstrate that fees charged are relevant to the
application and costs not supported through provincial grant funding or
levy.
Conservation authority fees should not exceed the costs of delivering the
services.
Plan review costs should be split into a consistent schedule of categories
across all conservation authorities.
Fees established at time of application should not be altered/changed later
in the application review process unless application is significantly revised
by the proponent.
Process for Mediation of Fee Disputes:
There was consensus within CALC that the process for the mediation of fee
disputes should be open and transparent and include the following elements: the
applicant should be able to request an administrative review of the fee by the
Conservation Authority General Manager or Chief Administrative Officer and if
not satisfied, then by the Conservation Authority Board of Directors or a SubCommittee designated to hear fee-related matters.
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In addition to the above, the representatives of the building and development
industry on CALC recommended inclusion of a process for fees mediation to an
independent third party. The fee dispute mediation process could include the
elements above and, if the applicant was not satisfied with the Conservation
Authority Board of Directors’ decision, then the applicant could request an appeal
to an independent third party body such as Ontario Municipal Board or the Mining
and Lands Commissioner.
There was not consensus at CALC on the appeal of fees disputes to a third
party. MNR will not seek any legislative changes to the Conservation Authorities
Act at this time for a formal fee appeal mechanism but will continue to follow this
matter closely over the next years.
7. Conclusions
The information gathered as part of the ‘Review of Conservation Authority Fees’
allows MNR to better assess and monitor ongoing compliance of conservation
authorities with provincial ‘Policies and Procedures’. In addition, the insights
gained through the CALC process may be used to provide additional guidance
for conservation authorities in setting fee amounts, policies and appeal
processes to improve transparency and clarity and promote consistency across
the province. The presentation materials from the CALC members on review of
fees are available from MNR and could further support conservation authorities in
better developing, updating and implementing their fees policy
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APPENDIX A
POLICIES AND PROCEDURES
FOR THE CHARGING OF CONSERVATION AUTHORITY FEES
1.0
BACKGROUND
Conservation Authorities have become more business like in the delivery of their
programs and services to achieve greater program self-sufficiency. Prior to
1996, the Conservation Authorities Act addressed the charging of fees for the
use of Conservation Authority owned land and facilities. Fees for services,
however, were not recognized in the legislation. In January, 1996, a provincial
Omnibus Bill was passed which amended the Conservation Authorities Act to
empower Conservation Authorities to collect fees for services approved by the
Minister. This document addresses the policies and procedures under this new
provision.
2.0
LEGISLATION
2.1
Section 20 of the Conservation Authorities Act describes the objects of a
Conservation Authority, which are to establish and undertake, in an area
over which it has jurisdiction, a program designed to further the
conservation, restoration, development and management of natural
resources.
Section 21 of the Conservation Authorities Act lists the powers which
Conservation Authorities have for the purpose of accomplishing their
objects.
Subsection 21(m.1) gives Conservation Authorities the power to charge
fees for services approved by the Minister.
3.0
DEFINITIONS
3.1
Minister - Minister of Natural Resources
3.2
Charging of Conservation Authority Fees - Charging of user fees for
services rendered by a Conservation Authority. This does not include the
generation of revenue through undertaking of activities on Conservation
Authority owned land, as supported by Section 29 of the Conservation
Authorities Act.
4.0
POLICY PRINCIPLES
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4.1
Conservation Authorities are entitled to set rates, charge and collect fees
for services rendered.
4.2
Conservation Authorities are encouraged to make programs and services
more self-sufficient by applying the user-pay principle.
5.0
POLICY
5.1
Pursuant to Section 21(m.1) of the Conservation Authorities Act,
Conservation Authorities may charge fees for the following services:
.
Section 28 permit fees
.
Plan review
.
Response to legal, real estate and public enquiries
.
Extension services (e.g., technical advice/implementation of
erosion control measures, forest management/tree planting,
wildlife/fisheries habitat management, management of
forests/recreational land owned by others, technical studies)
.
Community relations/information/education services (e.g., tours,
presentations, workshops, demonstrations, special events)
.
Sale of products (e.g. reports, maps, photographs)
.
Any services under other legislation (e.g., EPA, LRIA, PLA)
authorized under agreement with the lead ministry
This is provided the service is not supported through provincial grant
funding.
5.2
5.3
Each Conservation Authority must develop written policy or add to its
Administrative Resolutions, a fees administration guideline which includes:
.
A fees schedule
.
A process for public notification about the establishment of or any
proposed changes to any fees schedule
.
A clearly defined review and revision process
.
A process for appeals for fee structures proposed or in place
For planning, and compliance-oriented activities such as regulatory or
permitting services, the Conservation Authority fee structures should be
designed to recover but not exceed the costs associated with
administering and delivering the services on a program basis.
Fees for planning services should be designed and administered in
conjunction with the appropriate planning authorities, in accordance with
Section 69 of the Planning Act.
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5.4
Conservation Authority fees should be determined in such a manner as to
not deter applicants from receiving due process.
5.5
When developing fee schedules, Conservation Authorities should
consider:
6.0
.
the fees of neighbouring Conservation Authorities to promote
consistency
.
the nature and level of fees charged by local municipalities, and
other agencies and ministries for related services to prevent
duplicative fee structures and to promote consistency in fee
schedules
.
setting fees dependent on the complexity of applications and the
level of effort required to administer the application.
REVENUES
Revenues generated through charging of fees as applicable under this policy, are
subject to the provisions of the MNR Policies and Procedures for the Treatment
of Conservation Authority Generated Revenue.
7.0
PROCEDURES
MNR reserves the right to audit Conservation Authorities for adherence to this
policy.
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