The Government of Ontario is poised, yet again, to undermine the role of Conservation Authorities (CAs) in protecting our watersheds (ERO No. 019-8320). Specifically, a proposed regulation under the Conservation Authorities Act would enable the Minister of Natural Resources and Forestry to override a broad suite of CA permitting decisions that prohibit or impose strict conditions on development in wetlands, watercourses, river valleys and other areas under CA jurisdiction.

In effect, when the Minister chooses to intervene, permitting decisions would no longer be informed by the deep local knowledge, technical expertise and watershed-health mandate of CAs. Instead, they would be politically driven at the request of development proponents seeking to increase their profits through otherwise prohibited activities.

The Ministry of Natural Resources and Forestry (MNRF) anticipates that the proposed regulation would “save proponents time and resources.” But at what risk and cost to the public and natural infrastructure?

Here are our three greatest concerns:

1. Breadth of Minister’s powers: The Minister’s new powers would apply to permits for a broad suite of activities pertaining to housing, transportation, economic development, employment and mixed-use developments. This would set the stage for widespread application to most if not all types of development activities requiring a CA permit.

2. Lack of Ministry expertise: CAs are uniquely positioned to arrive at technically-sound, watershed-appropriate permitting decisions based on their ability to model and map flood hazards and their understanding of local conditions and the local planning context. MNRF could only begin to try to replicate this expertise at enormous expense, borne by taxpayers. Worse yet, science-based decisions could simply become political decisions influenced by developers. 

3. Potential risk to life and property: The permitting role of CAs helps to ensure that development activities do not put communities at risk from flooding and other climate change impacts through loss of wetlands, woodlands, farmland, etc. In the absence of such local knowledge, technical expertise and seasoned judgement, decisions made by the Minister could result in cumulative adverse impacts and increased risk to public safety, and private and public property.  

As noted by Ontario’s Advisor on Flooding in 2019, the regulatory power of CAs with respect to permitting is a “critical component” of Ontario’s broader natural hazard management framework, designed to prevent loss of life, minimize property damage, reduce public and private expenditures, and control development impacts. The people of Ontario cannot afford to have this role undermined or circumvented at the behest of development proponents seeking to maximize private profits over the public interest.

Permitting decisions should be left to the experts. Please join Ontario Nature in urging MNRF not to proceed with the proposed regulation.  

The deadline for comment is May 6, 2024.

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Laurel Creek Conservation Area © Carl Hiebert and Grand River Conservation Authority CC BY-NC-ND 2.0