OHBA looks forward to future discussion with the MECP to ensure there is no additional future duplication through plan review through the MOUs with CAs and the various roles and functions of other Ministries. The MNRF is proposing to create a regulation further defining the ability of a CA to regulate prohibited development and other activities for impacts to the control of flooding and other natural hazards.
However, over the past several years, OHBA has consistently expressed concern that some CAs have expanded their areas of activity beyond their jurisdiction by their own discretion (rather than through a municipal MOU or provincially delegated authority). In this submission, OHBA outlines areas we believe that the province can modernize the CA legislative and regulatory framework to more effectively and efficiently deliver their mandate. Through environmental stewardship, building energy efficient new housing, upgrading aging homes, creating transit efficient complete communities and cleaning up brownfields sites, our members are important partners to the government in delivering upon a Made-in-Ontario Environment Plan. There should also be prescribed standards and timelines for plan review functions provided to a municipality under an MOU, similar to those above for permit applications. Municipalities should not be contracting out programs or services to CAs for which there will be any duplication or overlap.
OHBA recommends that as a Best Management Practice, that CAs should be required to produce reports that include: Governanceprioritiesandpolicy/serviceprioritiesthataCAisfocusedon; Standardizedreviewandresponsetimelinesforpermittingfunctionsandapplicationprocesses as well as reporting on the effectiveness of achieving those reasonable review timelines; RevenuesandexpensesassociatedwithMOUsandDelegatedAuthorities; Feeschargedforplanningandpermittingreviews; Annualreportsshouldmakespecificreferencetotheguidelinesandperformancemonitoring policies set out in Policies and Procedures for Conservation Authority Plan Review and Permitting Activities. OHBA strongly recommends that the “conservation of land” definition must be refocused on erosion, slope stability and hydrologic functions of wetlands (ability to attenuate flooding and erosion) and watercourses. CA permitting functions should be better integrated with municipal approvals (aligned with Planning Act timelines). The Endangered Species Act (ESA), the primary—and often only—means in the United States to prevent extinctions, is justly celebrated as perhaps the strongest model for endangered species protection worldwide. The MECP is proposing to clearly define the core mandatory programs and services provided by CAs to be: natural hazard protection, conservation and management of conservation authority lands, drinking water source protection (as prescribed under the Clean Water Act), and protection of the Lake Simcoe watershed (as prescribed under the Lake Simcoe Protection Act), 2. habitat for migratory species); Natural Feature buffer planting prescriptions; Valley Land integrity/ function (e.g. OHBA appreciates the opportunity to provide the provincial government with our feedback and recommendations and we share similar broad priorities with MECP and MNRF for modernization and renewal. Ensuring that CA permitting decisions focus and deliver on their core mandate of protecting people and property from flooding and other natural hazards is part of the government’s Made-in-Ontario Environment Plan. The roles and responsibilities of CAs need to be appropriately balanced with the broader legislative framework that CAs operate in, which allows planning authorities and our members to build strong, healthy communities. The first proposes changes to the Act and the second proposes changes to the regulatory scheme that governs how conservation authorities permit development and other activities. OHBA is generally supportive of the Made-in-Ontario Environment Plan and the Housing Supply Action Plan that any reforms to Conservation Authorities must be linked to.
. © Ontario Home Builders' Association.
Last amendment: 53/13. Timelines must be legislated to enable appeals. Greater clarity in legislative roles and responsibilities should assist with the issue of escalating approvals (multiple sequential approvals) and contradictory opinions that simply paralyze the approvals process when multiple agencies are involved. In the absence of this process, OHBA supports the establishments of a centralized permit process, with the end result being that multiple permits are not required from multiple CAs for one project. loss of natural areas, impacts to wildlife and species at risk).
Additional technical details on regulatory requirements and permit application and review procedures. Ontario Home Builders’ Association Submission The MECP is proposing to clarify that the duty of CA board members is to act in the best interest of the CA, similar to not-for profit organizations. Furthermore, smaller structures should be exempt. OHBA supports ongoing discussions with the MECP with respect to Plan Review, future regulations and disentaglement of roles and responsibilities. This is a key transparency issue for OHBA members that must be addressed through the current consultation. OHBA is supportive of a process for appeals for fees that are proposed or in place, and recommends that the LPAT/OMB be that appeals body.Transparency and accountability: OHBA strongly supports modernizing the Conservation Authorities Act to enhance accountability mechanisms within the legislation and through future regulations, including increasing the transparency and oversight of CA decision making. OHBA notes further consultation is required for future regulations and suggests the MECP meet with all stakeholders to finalize a template for scoping of MOU’s. Once the approval authority (municipality) reviews and approves a planning application (and the CA has signed off on it), the CA should not hold off or deny the section 28 permit.
OHBA , suggest that the Canadian Wetland Classification System definition for wetland is used:“Land that is saturated with water long enough to promote wetland or aquatic processes as indicated by poorly drained soil, hydrophytic vegetation and various kinds of biological activity which are adapted to a wet environment (National Wetlands Working Group 1988). Where CAs are providing conditions on planning approvals and where they are involved in a review role and function, there should be no additional CA permits required. Wherenewmappingimpactsexistingplandesignations,landowner,propertyrightsshouldbe respected with opportunities for mitigation of hazard measures. ��q�7k���j]��DV�K|�N�#���1?���^,_�J����u. vb!i�����zyL �zk�rN����輶���F4� �C���l����Ω�"D�,j;`���|�x��� �
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