The Conservation Authorities (CAs) are corporate bodies created
through the Conservation Authorities Act at the
request of two or more municipalities. Their purpose is to
establish and undertake programs to further conservation,
restoration, development and management of natural resources other
than gas, oil and minerals. There are currently 36 CAs in Ontario,
each with its own geographic jurisdiction.
In their role as a regulatory authority, they may make
regulations to prohibit, restrict regulate or give required
permissions for certain activities in and adjacent to watercourses,
wetlands, and shorelines. This power is set out in section 28(1) of
28. (1) Subject to the 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
(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 may be affected by the development;
These powers are exercised in accordance with Ontario Regulation 97/04, Content Of
Conservation Authority Regulations Under Subsection 28 (1) Of The
Act: Development, Interference With Wetlands And Alterations To
Shorelines And Watercourses.
Under the Regulations, a permit cannot be extended. If works
covered by the application are not completed within the legislated
timeframe, the applicant must reapply and, according to the
Policies and Procedures document, delays in approval may
result. The Policies and Procedures document, also notes
that the policies in place at the time of re-application will apply
(see page 21).
It seems like a logical step to allow a permit that has gone
through this process, and would have to go through it again, to
remain valid for a longer period of time. Under the current
Regulation, the maximum period for a permit may be 60 months where
it is granted for a project that, in the opinion of the authority,
either cannot be reasonably completed within 24 months or requires
permits or approvals that cannot reasonably be obtained within 24
months (see s. 7.1).
Comments on the proposed amendments must be submitted by
February 2, 2012.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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