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500 - 5/21/2019 12:01:24 PM  

Statutory Requirements Not Being Met
Statutory Requirements not being met in Proposals Regarding Changes to the Conservation Authorities Act

For Immediate Release May 21, 2019 

On April 5, 2019, two proposal notices regarding conservation authorities modernization (operations and permitting) were posted to the Environmental Registry of Ontario (ERO) for public comment. 

In a news release on the same day, it was stated, “These recommended changes are part of Ontario's commitment to support conservation and environmental planning and improve Ontario's resilience to climate change.” 

A week later, Conservation Ontario received the news that the province will cut the natural hazards funding in half (from $7.4million shared across Ontario’s 36 conservation authorities) as a result of the 2019 budget entitled “Protecting What Matters Most”

On May 2, 2019, Bill 108, the proposed More Homes, More Choices Act, 2019 was introduced for first reading. Schedule 2 of Bill 108 proposes amendments to the Conservation Authorities Act. We are deeply disappointed that amendments to the Conservation Authorities Act were tabled in the Ontario Legislature, well before the close of the public consultation (ERO Number: 013-5018 comments are due May 20, 2019 and ERO Number: 013-4992 comments are due May 21, 2019). The Environmental Bill of Rights, 1993 (EBR) requires that a Minister shall do everything in his or her power to ensure that there will be at least 30 days of notice before a proposal is implemented (1) and that the Minister shall consider giving more than 30 days of notice for proposed legislative changes to permit “more informed public consultation”.(2) Further, the EBR requires that a Minister “shall take every reasonable step to ensure that all comments” received “are considered when decisions about the proposal are made in the ministry”.(3) These statutory requirements are not being met in the Ministry of the Environment, Conservation and Parks proposals regarding changes to the Conservation Authorities Act

Further, and contrary to the media statement on April 5, 2019, Bill 108 is not aimed at improving Ontario’s resilience to climate change, rather (as the preamble states): 

-  The government’s vision is that all people and their families find a home that meets their needs and budget. The best way to achieve this is to increase housing supply by: ... 

-  Giving municipal government greater authority over conservation authorities to make them more accountable; 

Debate on second reading of Bill 108 has emphasized the government’s focus on “speed, cost, mix, rent and innovation.” (4 )Specifically, the government wishes to increase speed and reduce cost of development through so-called “red tape reduction”: 

We strongly encourage the Ministries to hold fulsome and meaningful public consultations, aimed at ensuring that the proposed budgetary, legislative, and any future regulatory changes meet the desired vision of improving Ontario’s resilience to climate change. Until such time as a full assessment of the proposed changes is complete, we call on the government to delay enacting Bill 108, Schedule 2. 

(1)  Environmental Bill of Rights, 1993, SO 1993, c 28, s 15(1). 3 
(2)  Ibid., s17(1). 
(3)  Ibid., s35(1). 
(4)  Ontario, Legislative Assembly, Hansard, 42nd Parl, 1st Sess, No 103 (8 May 2019) at 4846 (Hon Steve Clark). 

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About Wellington Water Watchers 

Founded in 2007, Wellington Water Watchers (WWW) is a volunteer-run, non-profit organization based in Guelph, Ontario, with a focus on the Grand River watershed. WWW is committed to the protection, restoration and conservation of groundwater. WWW works to affect local water policy and protect water sources. WWW also sponsors and supports guest speakers, debates, and are actively encouraging bottled-water free community events. 






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