Fee Policy and Schedule (posted March 28, 2024)
The LTVCA is seeking feedback on our Fee Policy and Schedule.
Contact Valerie Towsley, Watershed Resource Planner, should you have any questions or comments around this process.
Policies and Procedures for Conservation Authorities Act and O.Reg. 41/24 Permitting (posted March 28, 2024)
Between 2017 and 2024, the Ontario government made a series of amendments to the Conservation Authorities Act and its regulations, which affected how Conservation Authorities administered, prioritized, funded, and conducted their work. With respect to natural hazards programming, Ontario Regulation 41/24 “Prohibited Activities, Exemptions, and Permits” was passed on February 16th, 2024. This one regulation replaced all the individual regulations that applied to each Conservation Authority, including the Lower Thames Valley Conservation Authority’s “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” O.Reg. 152/06. The regulation came into effect on April 1st, 2024, along with all the pending amendments to the Conservation Authorities Act that had yet to come into force. These legislative changes came into effect without any specific transitioning provisions, or “grandfathering”. The expectation was that Conservation Authorities would be fully implementing the new legislation starting April 1, 2024.
Generally speaking, under the revised legislation, the Conservation Authorities still regulate the same natural hazards and in a very similar way that they had previously. The Ontario government also posted proposed amendments to the Environmental Registry of Ontario for public input. These may be some of the reasons why a more thorough vetting of changes in policies and procedures was not required by the government before the April 1st implementation date.
Some of the changes with the new O.Reg. 41/24 and associated amendments to the Conservation Authorities Act include:
- A new definition of watercourse.
- The introduction of unstable soils and bedrock, and the removal of pollution and conservation of land, as considerations in issuing permits.
- A reduction in the regulated areas around Provincially Significant Wetlands (PSWs) from 120 m to 30 m.
- A series of exemptions for certain development activities the provincial government deemed “low risk”.
- Changes to timelines for Conservation Authorities to respond to permit applications.
- Changes to what documentation is required for a “complete application”.
The new Ontario Regulation 41/24 also added new requirements around mapping of regulated areas and documentation of policies and procedures.
Maps of Regulated Areas
4.1 An authority shall develop maps depicting the areas within the authority’s area of jurisdiction where development activities are prohibited under paragraph 2 of subsection 28 (1) of the Act which shall be filed at the head office of the authority and made available to the public on the authority’s website, and by any other means that the authority considers advisable.
4.2 At least once annually, the authority shall:
- review the maps referred to in subsection (1) and determine if updates to the maps are required;
- make and file such updates to the maps at its head office if required; and
- make the updated maps available to the public on its website and by any other means it considers advisable.
4.3 Where new information or analysis becomes available that may result in significant updates to the areas where development activities are prohibited under paragraph 2 of subsection 28 (1) of the Act, including enlargements or reductions to such areas, the authority shall ensure that stakeholders, municipalities and the public are notified of the proposed changes in any manner that the authority considers advisable, including making any relevant information or studies available online at least 30 days prior to an authority meeting during which the proposed changes are on the agenda.
4.4 Where significant changes to the areas where development activities are prohibited have been made in accordance with subsection (3), the authority shall promptly update the maps described in subsection (1).
4.5 For greater certainty, in case of a conflict regarding the boundaries of the areas where development activities are prohibited under paragraph 2 of subsection 28 (1) of the Act, the description of those areas in that paragraph and in section 2 of this Regulation prevail over the depiction of the areas in the maps referred to in subsection (1) of this section.
Policies and Procedure Documents RE: Permits
12. Each authority shall develop policy and procedure documents with respect to permit applications and reviews that, at a minimum, include the following:
- Additional details regarding the pre-submission consultation process described in section 6 as well as additional details related to complete permit application requirements.
- Procedures respecting the process for a review under section 8.
- Standard timelines for the authority to make a decision on permit applications following a notification that an application is complete under subsection 7 (2), as the authority determines advisable.
- Any other policies and procedures, as the authority considers advisable, for the purpose of administering the issuance of permits under Part VI of the Act.
- A process for the periodic review and updating of the authority’s policy and procedure documents, including procedures for consulting with stakeholders and the public during the review and update process, as the authority considers advisable.
Seeking Public Input
In order to be in compliance with the legislation on April 1st, 2024, the Lower Thames Valley Conservation Authority was required to have regulated areas screening mapping available online and to have a policy and procedure document available. Given that there was only 6 weeks available to create the mapping, to create the associated online mapping tool, and to update policies and procedures, it is expected that changes and improvements will be forthcoming over the next few months. However, given that these products are also required by the legislation, they should also be considered working drafts, until such time as they can be revised.
Therefore, the Lower Thames Valley Conservation Authority is seeking public input on its Online Mapping Tool and its “Policies and Procedures to Support Administration of the Conservation Authorities Act Part VI and Ontario Regulation 41/24”. The links below can be used to access these resources.
LTVCA Regulated Areas Screening Mapping Online Tool
These will remain posted for public input until May 15th. Given that these are working drafts, should significant errors or omissions be discovered prior to May 15th, these documents may be updated part way through the public input period. It is anticipated that a second round of public input will be sought once revisions have been made based on the first public input period.
Input can be provided to the Lower Thames Valley Conservation Authority by emailing: [email protected] or by delivering them to Lower Thames Valley Conservation Authority, Attn: Public Input on Regulations, 100 Thames Street, Chatham, Ontario, N7L 2Y8.
While the Lower Thames Valley Conservation Authority will give consideration to all comments provided, the public should remember that the Lower Thames Valley Conservation Authority has no ability to change those requirements placed on the process through the legislation, nor any ability to change interpretations provided in provincial policy and technical guidance.
Draft Strategic Planning Process (Posted June 25, 2023)
The LTVCA’s current Strategic Plan, September 11, 2015, has served the LTVCA well over the last eight years. However, the CA had committed to reviewing the plan every five years. This review was pushed back as a result of COVID, as well as from Regulations and Bills being brought forward that impacted the CA Act and how Authorities do business. An updated Strategic Plan is also key to the LTVCA moving forward with a new Watershed Based Resource Management Strategy, as required by the Province under O. Reg. 686/21, Mandatory Programs and Services.
Below is a link to a questionnaire that the Authority is hoping to receive feedback on for this planning process. Gaining feedback into our programs and services that the LTVCA currently provides will provide the Authority a sense of what’s working, what can be improved, and how the CA is to move forward for the next five years.
Fillable LTVCA Strategic Plan Survey
Email completed forms to [email protected]. No personal information will be shared.
Contact Valerie Towsley, Watershed Resource Planner, should you have any questions or comments around this process.