Conservation Authorities Act
Headwaters Workshop
Eastern Region
February 25th, 2011
Garden Inn, Ottawa International Airport
Don Maciver MCIP, RPP
Director 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 a
watershed basis

Broad responsibilities for watershed
management, community based
projects and municipal partnerships
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Conservation Authorities
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Conservation Authorities Act
The 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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Objects
20. (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
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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 role
CA 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-àvis 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
Provision of local knowledge
to MOE (esp. on site and / or
downstream constraints)
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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
177/06
Quinte
319/09
Cataraqui
148/06
Mississippi
153/06
Raisin
175/06
Rideau
174/06
South 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 regulations
applicable 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;
c.
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 Areas
Development 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 lakes
Wetlands (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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Regulated Areas
Dominant
Hazard

Wetland
and “other
areas”

Any “watercourse”
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The Permission- O. Reg.
Structures
/ Fill
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.
Alter / change or interfere
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.
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Important
Definition(s)
“
evaluated”
“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.
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MVC
RVCA
Headwater wetland features – Mississippi / Rideau watershed Hwy 7
West Ottawa
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Important Definition(s)
Conservation of Land: the protection, management, or
restoration of lands within the watershed ecosystem for the
purpose of maintaining or enhancing the natural features and
hydrologic 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)
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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
Ephemeral
“Interfering
Intermittent
Perennial
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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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
Over to:
Laura Del Giudice TRCA