Conservation Authorities: Where Are They Now?

Over the last five years, Ontario implemented significant changes to the Conservation Authorities Act (theCAA), reshaping the roles and powers of Conservation Authorities. These amendments have been driven by the government's objectives to streamline development approvals and promote housing construction. The below explores the current role of Conservation Authorities and how land use planning and development applications are impacted by recent legislative amendments to the CAA and other environmental legislation.

The role of Conservation Authorities prior to the amendments

Conservation Authorities are governed by the CAA and were established in 1946. The initial mandate given to Conservation Authorities was to address the province's concerns over watersheds, including flood control and management. The role of Conservation Authorities expanded beyond this original mandate and, in recent years, Conservation Authorities had increasingly become involved in planning and development matters, as a regulatory authority under the CAA, commenting bodies under legislation, and empowered via various agreements and memoranda of understanding with the province and municipalities which defined their role, providing comment on provincial natural heritage and stormwater policies.

Key changes to the role of Conservation Authorities

Key changes to the role of Conservation Authorities were introduced in Ontario through a series of legislative and regulatory changes over the last few years, including amendments to the CAA enacted through a series of bills introduced by the province: Bill 139: Building Better Communities and Conserving Watersheds Act, 2017, Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020, Bill 245: Accelerating Access to Justice Act, 2021 and Bill 23: the More Homes Built Faster Act, 2022. The amendments were intended to clarify the role of Conservation Authorities and, as with many of the province's other recent legislative and regulatory changes to land use planning and development, to encourage the construction of new housing by simplifying the development approvals process.

In response to these amendments, the government also enacted Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits under the CAA, which introduced major changes to the permitting system under the CAA, resulting in a curtailment of the role and authority of Conservation Authorities and increased ministerial powers. Ontario Regulation 41/24 came into effect on April 1, 2024, replacing the 36 individual regulations that previously governed each of the Conservation Authorities. This consolidation aimed to simplify the regulatory framework and enhance the Minister of Natural Resources and Forestry's (the Minister) oversight powers.

The key changes including those resulting from the CAA amendments and Ontario Regulation 41/24 are summarized below and include:

Enhanced Ministerial authority

The Minister can direct Conservation Authorities not to issue permits for specified activities, even if those activities are otherwise permissible. The Minister can also modify conditions imposed by a Conservation Authorities on a permit.¹

Streamlining the permit process

Activities requiring a permit from a Conservation Authority no longer includes "conservation of land" and are limited by section 28 of the CAA to include:

Activities to straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse or to change or interfere in any way with a wetland.
Development activities in areas that are within the authority's area of jurisdiction and are,
1. hazardous lands,
2. within 30 m of wetlands,
3. within 15 m of river or stream valleys the limits of which shall be determined in accordance with the regulations,
4. within 15 m of areas that are adjacent or close to the shoreline of the Great Lakes-St. Lawrence River System or to an inland lake and that may be affected by flooding, erosion or dynamic beach hazards, such areas to be further determined or specified in accordance with the regulations, or
5. other areas in which development should be prohibited or regulated, as may be determined by the regulations.

Ontario Regulation 41/24 provides definitions for both "development activity" and "wetland."²

"Development activities" means:

the construction, reconstruction, erection or placing of a building or structure of any kind,
any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure,
site grading, or
the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere.

"Wetland" as defined by Ontario Regulation 41/24 extends the area of jurisdiction of Conservation Authorities beyond the wetland mapping maintained by the Ministry of Natural Resources and Forestry (MNRF) and defined in the Provincial Policy Statement, 2024, and means land that:

is seasonally or permanently covered by shallow water or has a water table close to or at its surface,
directly contributes to the hydrological function of a watershed through connection with a surface watercourse,
has hydric soils, the formation of which have been caused by the presence of abundant water, and
has vegetation dominated by hydrophytic plants or water tolerant plants, the dominance of which have been favoured by the presence of abundant water.

In addition, section 28.1 gives Conservation Authorities the discretionary power to issue a permit otherwise prohibited by section 28 if:

the activity is not likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock;
the activity is not likely to create conditions or circumstances that, in the event of a natural hazard, might jeopardize the health or safety of persons or result in the damage or destruction of property; and
any other requirements that may be prescribed by the regulations are met.

Ontario Regulation 41/24 also introduced a list of permit application requirements,³ pre-submission consultations upon request,⁴ and established timelines for decision-making.⁵ Applicants now have the right to request a review if a Conservation Authority fails to send a notice of "complete application" within 21 days,⁶ and the Conservation Authority is required to issue its decision within 90 days.⁷ Failure to do so allows applicants to appeal to the Ontario Land Tribunal.⁸

In addition, Ontario Regulation 41/24 also includes the following changes related to the permit process:

certain low-risk development activities that previously required a Conservation Authority permit are now exempted. The exempted developments include certain seasonal or floating docks smaller than 10 square meters, certain fences that are not within a wetland or watercourse, non-habitable accessory buildings, and certain unenclosed detached decks or patios; and⁹
conditions Conservation Authorities may attach to permits issued under section 28.1 of the CAA must be related to mitigating the impact of natural hazards or safety risks due to natural hazards, or to support the administration or implementation of the permit.¹⁰

In considering Conservation Authority issuance or refusal to issue permits, the Courts and Ontario Land Tribunal have determined that issuance of a permit is appropriate when it is demonstrated that there will be no negative impacts¹¹ and that permitting decisions must be consistent with provincial plans as they affect planning matters.¹²

Reduction in regulated areas

The regulated area around Provincially Significant Wetlands was reduced from 120 meters to 30 meters, decreasing the area within which Conservation Authorities can require permits before development can occur.¹³

Narrowed definition of "watercourse"

The amended definition of a "watercourse" in Ontario Regulation 41/24 has narrowed the prior definition to exclude smaller watercourses without defined banks that may have been captured under the previous definition. A "watercourse" is now "a defined channel, having a bed and banks or sides, in which a flow of water regularly or continuously occurs."¹⁴

Changes to the Wetland Evaluation Process

Amendments to the Ontario Wetland Evaluation System (OWES) Manual, effective January 1, 2023, shifted responsibility for evaluating wetlands from the MNRF to qualified wetland evaluators. Qualified evaluators now submit reports directly to the approval authority without oversight by the MNRF. Evaluators can also change wetland boundary mapping without re-evaluation through a mapping update and re-evaluate wetland complexes as single wetland units.

How are Conservation Authorities transitioning to Ontario Regulation 41/24?

While section 40 of the CAA permits the Lieutenant Governor in Council to make regulations to govern transitional matters related to section 28 of the CAA, no transition regulation for this section has been enacted. There are similarly no transition provisions within Ontario Regulation 41/24 itself to address how permits previously issued by Conservation Authorities, or applications for permits submitted prior to April 1, 2024, will be transitioned to the new regulation.

Some Conservation Authorities have provided guidance on how they will move forward with permit applications currently under review that were submitted under prior regulations in light of Ontario Regulation 41/24 coming into force.¹⁵ In general, Conservation Authorities are assessing permit applications submitted before April 1, 2024, under the old regulations, but if the proposed area of development is outside of the new, more limited area that the Conservation Authority now regulates, they will provide written correspondence confirming that a permit is not required.

Conservation Authorities will assess permit applications received on or after April 1, 2024, under Ontario Regulation 41/24. If a property owner has an existing permit with expiry dates beyond April 1, 2024, Conservation Authorities are requiring adherence to conditions on the existing permit. However, if an extension is required and the proposed area is now outside of the regulated area, Conservation Authorities will provide written confirmation that an extension is not required.

Section 5.2 of the Provincial Planning Statement, 2024, requires planning authorities to collaborate with Conservation Authorities to identify hazardous lands and sites, and manage development in these areas. Conservation Authorities are no longer involved in natural heritage matters.

What happens to Ontario Land Tribunal appeals?

The Planning Act has been amended to restrict appeal rights of Conservation Authorities in development applications, as Conservation Authorities are excluded from the definition of "person" or "public body."¹⁶ Conservation Authorities retain their rights with respect to natural hazard policies (with the exception of "hazardous forest types for wildland fire").The right to appeal planning applications by Conservation Authorities is restricted in all applications including Official Plan Amendments, Zoning By-law Amendments, minor variances and plans of subdivision. If a Conservation Authority was a party to an appeal in a matter now restricted by section 1(4.1) prior to January 1, 2023, they may continue as a party to that appeal.¹⁷

Other amendments to environmental legislation to expedite development

This spring, the Ontario government announced Bill 5, the Protect Ontario by Unleashing our Economy Act. Bill 5 aims to simplify requirements surrounding environmental, species and heritage protections to expedite development applications, approvals to resource and infrastructure projects and reduce costs for housing, transit and critical infrastructure. The second reading of Bill 5 was stalled in committee after Members of Provincial Parliament filibustered past midnight on May 28, 2025.

If passed, Bill 5 will introduce a new act, the Special Economic Zones Actwhich would permit the Lieutenant Governor in Council power to exempt projects and proponents of their choosing in areas of their choosing from provincial laws and municipal by-laws. In other words, the government will be able to exempt companies or projects from compliance with provincial laws and municipal by-laws for projects within a special economic zone. Bill 5 also proposes to amend and eventually repeal the Endangered Species Act, replacing it with a new Species Conservation Act. TheSpecies Conservation Act proposes a new "registration-first approach" where projects will no longer require a permit to proceed, but may proceed as soon as the project is registered online. The goal of the "registration-first approach" is to eliminate the need for the Minister of the Environment's review and issuance of permits, streamlining development projects. It also proposes to amend the Ontario Heritage Act to authorize the Lieutenant Governor in Council to exempt a property from archaeological and heritage conservation requirements if it could potentially advance provincial priorities such as transit, housing, health and long-term care and infrastructure.

For a more in-depth analysis of the changes introduced by Bill 5, please see Denton's bulletin Spring brings more changes: Ontario announces the 2025 budget, and Bills 2, 5 and 17 to cut red tape, speed up home construction and protect the economy.

Conclusion

The amendments to the Conservation Authorities Act over the past five years reflect Ontario's focus on expediting development processes, increasing housing availability and returning Conservation Authorities to their original mandate — watershed management. While these changes aim to streamline operations, they also raise concerns about the balance between development and environmental protection. As municipalities adapt to these new frameworks, ongoing dialogue and assessment will be essential to ensure that environmental stewardship remains a priority alongside development goals.

Footnotes

1. Conservation Authorities Act, RSO 1990, c C27, s 28.1.1.

2. Prohibited Activities, Exemptions and Permits, O Reg 41/24, s, 1(1).

3. Prohibited Activities, Exemptions and Permits, O Reg 41/24, s 7.

4. Prohibited Activities, Exemptions and Permits, O Reg 41/24, s 6.

5. Prohibited Activities, Exemptions and Permits, O Reg 41/24, s 7(2) and 8.

6. Prohibited Activities, Exemptions and Permits, O Reg 41/24, s 7(2).

7. Conservation Authorities Act, RSO 1990, c C27, s 28.1(20)

8. Conservation Authorities Act, RSO 1990, c C27, s 28.1(22).

9. Prohibited Activities, Exemptions and Permits, O Reg 41/24, s 5.

10. Prohibited Activities, Exemptions and Permits, O Reg 41/24, s 9.

11. Laforme v The Corporation of the Town of Bruce Peninsula,2021 ONSC 5287 at para 36;Williams v Rideau Valley Conservation Authority,2022 CanLII 5476 at paras 22-24(ON LT).

12. Gilmor v. Nottawasaga Valley Conservation Authority,2017 ONCA 414 at para 51.

13. Prohibited Activities, Exemptions and Permits, O Reg 41/24, s 2(3).

p>14. Prohibited Activities, Exemptions and Permits, O Reg 41/24, s, 1(1).

15. Thames River Conservation Authority, "UTRCA Transitional Procedures and Guidelines (Transitioning from Ontario Regulation 157/06: Development, Interference with Wetlands and Alterations to Shorelines and Watercourses to the NEW Ontario Regulation 41/24)" (26 March 2024), online https://thamesriver.on.ca/wp-content/uploads/UTRCA-Transitional-Procedures-for-the-Implementation-of-OReg-41-24.pdf; Nottawasaga Valley Conservation Authority, "New Conservation Authorities Act Regulations", online: https://www.nvca.on.ca/new-conservation-authorities-act-regulations/?utm_source=chatgpt.com; Niagara Peninsula Conservation Authority, "NOTICE: LEGISLATIVE AND REGULATORY CHANGES AFFECTING CONSERVATION AUTHORITY DEVELOPMENT PERMITTING (EFFECTIVE APRIL 1, 2024)", online: https://npca.ca/services/permits.

16. Planning Act, RSO 1990, c P13 s 1(4.1).

17. Planning Act, RSO 1990, c P13 s 1(4.2).

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