September 15th - Central Lake Ontario Conservation Authority
Transcription
September 15th - Central Lake Ontario Conservation Authority
NOTICE TO CLOCA BOARD OF DIRECTORS Please find enclosed the Agenda and supporting documents for the CLOCA Board of Director’s meeting on Tuesday, September 15, 2015, 4:00 p.m., at the Authority’s Administrative Office, Boardroom. The list below outlines upcoming meetings and events for your information. UPCOMING MEETINGS & EVENTS DATE TIME EVENT Tuesday, September 15/15 4:00 pm CLOCA Board of Director Meeting Tuesday, September 15/15 5:00 pm CLOCA Board of Director Strategic Plan Meeting Thursday September 24/15 1:00 pm to 1:30 pm Waterfront Trail Media Event Thursday September 24/15 9:00 am to 4:00 pm Friday October 2/15 9:00 am to 12:00 noon Wednesday October 7/15 11:00 am – 11:30 am Intact Insurance Buckthorn Management Event Deloitte Impact Day Trail Work and Planting The Ontario Aggregate Rehabilitation Corporation Media Event LOCATION 100 Whiting Avenue Authority’s Office Boardroom 100 Whiting Avenue Authority’s Office Boardroom Lynde Shores Conservation Area 1225 Victoria Street, Whitby Lynde Shores Conservation Area 1225 Victoria Street, Whitby Heber Down Conservation Area 500 Lyndebrook Road, Whitby Heber Down Conservation Area 500 Lyndebrook Road, Whitby Check Out our Website! www.cloca.com Discover your local Conservation Area. Register as a Conservation Volunteer Programs & Services Mobile access to online information with CLOCA’s new mobile website and Free Conservation Areas App CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY AGENDA AUTHORITY MEETING Tuesday, September 15, 2015 - 4:00 P.M. MEETING LOCATION: 100 WHITING AVENUE, OSHAWA AUTHORITY’S ADMINISTRATIVE OFFICE, BOARDROOM CIRCULATION LIST Authority Members: Municipalities: Don Mitchell, Chair Bob Chapman, Vice-Chair John Aker Lorne Coe Shaun Collier Joe Drumm Adrian Foster Ron Hooper Joe Neal John Neal Gerri Lynn O’Connor David Pickles Nester Pidwerbecki Tom Rowett Elizabeth Roy Town of Ajax, Clerk Municipality of Clarington, Clerk City of Oshawa, Planning City of Pickering, Clerk Town of Whitby, Public Works Town of Whitby, Planning Township of Uxbridge, Clerk Authority Staff: C. Darling, Chief Administrative Officer H. Brooks, Director, Watershed Planning & Natural Heritage R. Catulli, Director, Corporate Services G. Geissberger, Marketing & Communications Coordinator D. Hope, Land Management & Operations Supervisor C. Jones, Director, Planning & Regulation P. Lowe, Director, Stewardship, Education & Communication P. Sisson, Director, Engineering & Field Operations M. Stauffer, Administrative Assistant/Recording Secretary Media: Ajax Pickering News Advertiser CHEX TV CKDO Compton Cable TV 94.9 The Rock KX-96 Radio Orono Times Oshawa Express Oshawa/Whitby/Clarington This Week Rogers Cable TV The Scugog Standard Region: Region of Durham, Clerk Region of Durham, Planning & Economic Development Commissioner AGENDA ITEM: 1. DECLARATIONS of interest by members on any matters herein contained 2. ADOPTION OF MINUTES of July 21, 2015 3. DEVELOPMENT REVIEW & REGULATION (1) Staff Report #5307-15 Re: Permits Issued for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses – July 1 to August 32, 2015 4. 5. DIRECTOR, STEWARDSHIP, EDUCATION & COMMUNICATION (1) Staff Report #5306-15 Re: Education Programs – Report September 2014 to August 2015 DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE (1) Staff Report #5304-15 Re: Wetland Conservation in Ontario: A Discussion Paper CLOCA Review and Comments SUPPORTING DOCUMENTS 3-1 to 3-6 4-1 to 4-5 5-1 to 5-8 (report attached separately) cont’d….2 AUTHORITY MEETING AGENDA – SEPTEMBER 15, 2015 – PAGE 2 AGENDA ITEM: 5. DIRECTOR, WATERSHED PLANNING & NATURAL HERITAGE (continued) (1) 6. SUPPORTING DOCUMENTS CONFIDENTIAL Staff Report #5305-15 Re: Property Matter 5-9 (Members & Staff only) CHIEF ADMINISTRATIVE OFFICER (1) Staff Report #5308-15 Re: Conservation Authorities Act Review 6-1 to 6-16 (2) 6-17 to 6-28 CLOSPA Staff Report #SP-012-15 Re: Approval of CTC Source Protection Plan 7. MUNICIPAL AND OTHER BUSINESS 8. ADJOURNMENT (report attached separately) AGENDA SUPPORTING DOCUMENTS MEETING OF: Authority DATE: Tuesday, September 15, 2015 TIME: 4:00 P.M. LOCATION: 100 Whiting Avenue, Oshawa, Administrative Office, Boardroom Schedule 3-1 of September 15, 2015 REPORT _______________CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: FILE: S.R.: MEMO TO: FROM: SUBJECT: September 3, 2015 RPRG3974 5307-15 Chair and Members, CLOCA Board of Directors Chris Jones, Director, Planning & Regulation Permits Issued for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses – July 1 to August 31, 2015 Attached are Development Interference with Wetlands and Alterations to Shorelines and Watercourses applications, pursuant to Ontario Regulation 42/06, as approved by staff and presented for the members’ information. RECOMMENDATION: THAT Staff Report 5308-15 be received for information. CJ/ms Attach. Schedule 3-2 of September 15, 2015 Permits Issued from 7/1/2015 to 8/31/2015 Row No. Municipality Owner/Applicant Street Name/ Lot/Con Permit No Description 1 AJAX MEJJ ENTERPRISE INC/MOHAN ROOPCHAND 639 KINGSTON ROAD/LOT 02 CON 01 A15-194-GH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE DEWATERING AND BACKFILLING OF A POND 2 CLARINGTON MUNICIPALITY OF CLARINGTON/CIMA NASH ROAD AND GREEN ROAD/LOTS 15-19 CON 2/3 C15-132-GAW 3 CLARINGTON REGIONAL MUNICIPALITY OF DURHAM /JSW + ASSOCIATES REGIONAL ROAD 57/ LOTS 16/17 CON 8 C15-147-GA PHASE 1 (2015) - WIDENING AND REHABILITATION OF NASH ROAD; MAPLE GROVE ROAD TO REGIONAL ROAD 57 WITH REPLACEMENT OF EXISTING CROSS CULVERT AT GREEN ROAD (CROSSING 1C) & EXTENSION OF EXISTING CROSS CULVERT (CROSSING 1E) PHASE 2 (2016) - GREEN ROAD WIDENING AND REHABILITATION - FUTURE LONGWORTH ROAD TO NASH ROAD REPLACE EXISTING 1200 MM CROSS CULVERT 4 CLARINGTON MUNICIPALITY OF CLARINGTON/CIMA 143 SIMPSON AVE. (SOPER CREEK PARK) LOT 08 CON 01 C15-160-A STREAMBANK STABILIZATION/EROSION CONTROL/CHANNEL IMPROVEMENTS AT THREE LOCATIONS ALONG SOPER CREEK WITIN SOPER CREEK PARK 5 CLARINGTON DARLINGTON MUNICIPALITY OF CLARINGTON/CIMA NASH ROAD/LOT 32 CON 23 C15-133-A INSTALL NEW CONCRETE INVERT LINER ALONG WITH THE REMOVAL OF DEBRIS AND ACCUMULATED SEDIMENT AT THE UPSTREAM END OF EXISTING DETERIORATED 1600 MM CSP. 6 CLARINGTON DARLINGTON CLARINGTON DARLINGTON THE REGIONAL MUNICIPALITY OF DURHAM NANCY BARNOSKI/HARD-CO 93 PORT DARLINGTON ROAD/LOT 09 BFC 121 CEDARCREST BEACH RD/LOT 12 BFC C15-134-A RELOCATE AND EXTEND EXISTING CULVERTS AT THE ENTRANCE TO THE PORT DARLINGTON WPCP DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE REPAIR TO AN EXISITING ARMOR STONE WALL AS PER ATTACHED PLANS CLARINGTON DARLINGTON CLARINGTON DARLINGTON REGIONAL MUNICIPALITY OF DURHAM/JSW + ASSOCIATES ROBERT OWENS HOLDING LIMITED/TREVELYAN ARCHITECT INC DAVE VAILLANCOURT REGIONAL ROAD 57/LOT 18 CON 08 2728 COURTICE ROAD/LOT 29 CON 02 C15-146-GA 1792 NASH ROAD/LOT 28 CON 03 C15-148-GB 7 8 9 C15-140-GBH C15-149-GB 10 CLARINGTON DARLINGTON 11 CLARINGTON DARLINGTON ENBRIDGE GAS DISTRIBUTION INC. 3048 CONCESSION ROAD 3/LOT 02 CON 03 C15-155-GBH 12 CLARINGTON DARLINGTON JUSTIN P GEORGE 2046 HIGHWAY 2/LOT 23 CON 02 C15-157-GAH INSTALLATION OF A NEW CULVERT LINER (2700 MM) INTO EXISTING 3300 MM CULVERT. DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE ADDITION TO EXISTING BUILDING DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A DETATCHED 40 FT X 24 FT GARAGE DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE INSTALLATION OF THE GAS SERVICE PIPELINE UNDER CREEK CROSSING DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE INSTALLTION OF HYDRO, GAS AND WATER SUPPLY Schedule 3-3 of September 15, 2015 Row No. Municipality Owner/Applicant Street Name/ Lot/Con Permit No Description 13 CLARINGTON DARLINGTON PORT DARLINGTON HARBOUR CO. 125 PORT DARLINGTON ROAD/LOT 09 BFC C15-156-GHF DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE DREDGING OF PORT DARLINGTON HARBOR AND TEMPORARY STOCKPILING FOR DE-WATERING PURPOSES ON THE EASTERLY BANK OF THE HARBOUR 14 CLARINGTON DARLINGTON HOLLAND HOMES INC/KATRINA METENER 160 KING lANE/LOT 19 CON 05 C15-170-GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE DEMOLISHION OF EXISTING DWELLING AND SEPTIC AND RECONSTRUCTION OF NEW SINGLE FAMILY DWELLING AND SEPTIC 15 CLARINGTON DARLINGTON VEYANCE TECHNOLOGIES CANADA INC/GRECK AND ASSOCIATES LIMITED C15-173-A ALTERATION OF LOCATION OF ARMOUR STONE AT THE FISHWAY OUTLET TO IMPROVE FISH PASSAGE PERFORMANCE 16 CLARINGTON DARLINGTON BEN NIEUWENHUIS/HARD-CO CONSTRUCTION GOODYEAR DAM, WESTSIDE OF BOWMANVILLE CREEK/LOT 12 CON 01 2587 TAUNTON ROAD/LOT 12 CON 05 C15-177-GHL DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE PLACEMENT OF 40,000 METRES CUBED OF CLEAN FILL 17 CLARINGTON DARLINGTON JUDITH KREPS HAWKINS & BART HAWKINS KREPS 50 WEST BEACH ROAD/LOT 10 BFC C15-178-GBFH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE ADDITION OF A COVERED, ENCLOSED, UNHEATED PORCH OVER EXISTING DECK ON WEST SIDE OF EXISTING DWELLING 18 CLARINGTON DARLINGTON JOHN DUGWELL 45 PERRY AVENUE/LOT 18 CON 05 C15-179-GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A NEW HOME, DETACHED GARAGE, WELL AND SEPTIC SYSTEM ON A VACANT LOT 19 CLARINGTON DARLINGTON OCCO VAN TIJN 9500 GRASSHOPPER PARK ROAD /LOT 14 CON 09 C14-130-GBH 20 CLARINGTON DARLINGTON BRYAN NORRIS 2820 MAPLE GROVE ROAD/LOT 19 CON 02 C15-187-GBH 21 CLARINGTON DARLINGTON 4560 REGIONAL ROAD 57/LOT 15 CON 04 C15-188-GBH 22 CLARINGTON DARLINGTON DALE AND LOYD HOSKIN/ENBRDIGE GAS DISTRIBUTORS REGION OF DURHAM WORKS DEPARTMENT DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A 20 FT X 24 FT DETATCHED GARAGE DEVELOPMENT ACTIVITIES ASSOAITED WITH THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AND SEPTIC DEVELOPMENT ACTIVITIES ASSOCIATED WITH AN ENBRIDGE INTEGRITY DIG COURTICE ROAD- 850 M SOUTH OF BLOOR STREET/LOT 29 CON 01 C15-195-A EXCAVATE AND REMOVE EXISTING 900 MM DIAMETER CSP CROSS CULVERT AND REPLACE WITH NEW 1200 MM DIAMETER CSP 23 CLARINGTON DARLINGTON 1494339 ONTARIO LTD (THE FOLEY GROUP)/D.G.BIDDLE & ASSOCIATES LOT 31 CON 03 C15-196-GB DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE FINAL GRADING OF THE SITE AND INSTALLATION OF UNDERGROUND SERVICES 24 OSHAWA CITY OF OSHAWA/MMM GROUP SOUTH SIDE OF BRITANNIA AVENUE, EAST SIDE OF SIMCOE STREET/LOT 11 CON 05 O15-143GFAW DEVELOPMENT ACTIVITIES ASSOICATED WITH OSHAWA CREEK TRIBUTARY E1 DOWNSTREAM OF BRITANNIA AVENUE EAST TO REDUCE EROSION POTENTIAL Schedule 3-4 of September 15, 2015 Row No. Municipalit y Owner/Applicant Street Name/ Lot/Con Permit No Description 25 OSHAWA MINTO METROPIA (WINDFIELDS) GP INC./MMM GROUP EAST SIDE OF SIMCOE STREET NORTH, NORTH OF BRITANNIA AVENUE/LOT 12 CON 05 O15-144GFAW (REVISED) DEVELOPMENT ACTIVITIES ASSOCIATED WITH OSHAWA CREEK TRIBUTARY E1 UPSTREAM OF BRITANNIA AVENUE EAST TO REDUCE EROSION POTENTIAL 26 OSHAWA DONALD LEGREE/IVORS KULITIS 210 GREENWOOD AVENU/LOT 12 CON 01 O15-154-RH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF AN UNHEATED PORCH ENCLOSURE 27 OSHAWA MIKE AND OWEN GEORGE 1400 RAGLAN ROAD/LOT 02 CON 09 O15-139-GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE DEMOLITION AND RECONSTRUCTION OF HOUSE, NEW SEPTIC INSTALLATION AND WELL 28 OSHAWA ENBRIDGE GAS DISTRIBUTION INC. LOT 10 CON 05 O15-165-GBH 29 OSHAWA REGION OF DURHAM LOT 09 CON 04 O15-172GFHA DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE INSTALLATION OF THE PROPOSED NPS 4 PE IP GAS PIPELINE CROSSING ABOVE A TRIBUTARY OF OSHAWA CREEK ON THE NORTH SIDE OF SYMINTON AVENUE, APPROX. 285M WEST OF BRIDLE ROAD MINOR CREEK REALIGNMENT AND SLOPE REHABILITATION USING FILTREXX FILTER SOXX, COBBLE STREAM LINING, AND LIVE STAKING 30 OSHAWA 2007 ARBORWOOD DRIVE/LOT 01 CON 04 O15-171-GBH DEVELOPMENT ACTIVITIES ASSOCAITED WITH THE INSTALLATION OF AN INGROUND POOL 31 OSHAWA CHRIS AND JENNIFER CAMERON/NATURE BOUND POOLS MINTO METROPIA (WINDFIELDS) GP INC./MMM GROUP O15-175-GA 32 OSHAWA SILWELL DEVELOPMENTS LTD & 1229403 ONTARIO LIMITED C/O THE METRONTARIO GROUP/GHD EAST SIDE OF SIMCOE STREET NORTH, NORTH OF BRITANNIA AVENUE/LOT 12 CON 05 GRANDVIEW ROAD/LOT 03 CON 04 DEVELOPMENT ACTIVITIES ASSOCIATED WITH SITE SERVICING AND CONSTRUCTION OF ROADS FOR PHASE 4B OF THE KINGSMEADOW RESIDENTIAL SUBDIVISION (S-O-2006-02) DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE ROUGH SITE GRADING, TOPSOIL STRIPPING AND PLACING OF ENGINEERED FILL FOR THE LOTS AND ROADWAYS AS WELL AS FOR THE TEMPORARY STEEL PLATE CREEK CROSSING IN ORDER TO TRUCK THE TOPSOIL TO THE WEST SIDE OF THE PROPERTY. 33 OSHAWA 1850875 ONTARIO/CONEX ONTARIO INC LOT 15 CON 04 O15-184GHWL DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE PLACEMENT OF 5000M3 OF TOPSOIL ON AN EXISTING AGRICULTURAL FIELD TO ALLOW FOR CROPPING 34 OSHAWA 1850875 ONTARIO/NICK CONFORTI LOT 15 CON 04 O15-182GHWL DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE PLACEMENT OF 2180 M3 OF FILL AND TOPSOIL 35 OSHAWA CITY OF OSHAWA/DAVID ADAM 155 ARENA STREET/LOT 12 CON 02 O15-185-BH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A SCOREBOARD SIGN 36 OSHAWA JASON AND VICTORIA BEST/JONES POOLS 1253 SLAWMERS DRIVE/LOT 02 CON 04 O15-186-GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF AN INGROUND POOL 37 SCUGOG DOUG SUMMERS 90 CHALK LAKE/LOT 01 CON 02 S15-164-GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A DWELLING SEPTIC AND WELL O15-112GBFH AMENDED Schedule 3-5 of September 15, 2015 Row No. Municipalit y Owner/Applicant Street Name/ Lot/Con Permit No Description 38 WHITBY TOWN OF WHITBY LOT 31 CON 02 W15-135-GF STORMWATER MANAGEMENT POND SEDIMENT REMOVAL (POND PD23-02) CONSTRUCTION OF A NEW RESIDENTIAL ADDITION TO EXISTING SINGLE FAMILY DWELLING 39 WHITBY 1519448 ONTARIO INC/MAURICE TREMBLE 35 MEADOW CRESCENT/LOT 18 CON 02 W15-138-R 40 WHITBY JOHN AND CAROLEA PINEDA 44 ENDEAVOUR COURT/LOT 31 CON 03 W15-137-GBH 41 WHITBY STEVE PEONIDIS/SMITH POOLS INC 171 TORMINA BLVD/LOT 28 CON 04 W15-142-GBH 42 WHITBY KELLY AND JASON GARANT 1 WYTHE COURT/LOT 29 CON 03 W15-151-GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE INSTALLATION OF AN IN-GROUND POOL 43 WHITBY BELL CANADA/GLEN THOMPSON PART LOT 24 & 25 BROKEN FRONT CONCESSION W15-141-GBH 44 WHITBY FARHAN KHAN 29 SHEPHERD ROAD/LOT 31 CON 05 W15-158-GB 45 WHITBY GRANT SIMPSON/GHD (ANDREW WATSON) 4145 COUNTRY LANE ROAD/LOT 29 CON 04 W15-163-G DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE DIGGING OF A TRENCH FOR APROXIMATELY 200M AND INSTALLATION OF CONDUIT DEVELOPMENT ACTIVITIES RELATING TO THE CONSTRUCTION OF AN INGROUND POOL AND SURROUNDING FENCE. DEVELOPMENT ACTIVITIES ASSOCIATED WITH TOPSOIL STRIPPING OF A RESIDENTIAL PLAN OF SUBDIVISION, AND PRELOADING OF A BLOCK WITHIN SAME. 46 WHITBY STELIANA DAVIDSON/JUSTIN DAVIDSON 33 PETALUMA COURT/LOT 24 CON 08 W15-153-GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE INSTALLATION/CONSTRUCTION OF AN INGROUND SWIMMING POOL 47 WHITBY THE CORPORATION OF THE TOWN OF WHITBY/VALDOR ENGINEERING - (PETER ZOURNTOS) 650-690 GORDON STREET/LOT 29 BFC W15-167-GB DEVELOPMENT ACTIVITIES RELATING TO THE RECONSTRUCTION OF A SECTION OF STORM SEWER WITHIN/ADJACENT GORDON STREET. 48 WHITBY BARRY WILLIAMS 6 CAMBER COURT/LOT 24 CON 06 W15-174-GBH DEVELOPMENT ACTIVITIES ASSOCIATE WITH THE CONSTRUCTION OF AN INGROUND POOL, LANDSCAPING, SHED AND GAZEBO 49 WHITBY COUGS (THICKSON) LTD. 4295 THICKSON ROAD NORTH/LOT 20 CON 04 W15-189-GB DEVELOPMENT ACTIVITIES INCLUDING GRADING AND CONSTRUCTION OF ROADS AND SERVICES RELATING TO A NEW RESIDENTIAL PLAN OF SUBDIVISION. 50 WHITBY BEN VILLANI MYRTLE ROAD WEST/LOT 34 CON 08 W15-190-GB 51 WHITBY MARMIKE FARMS/ASTRO EXCAVATING INC 1535 BRAWLEY ROAD/LOT 35 CON 07 W15-193-GHL DEVELOPMENT ACTIVITIES RELATING TO THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING WITH ATTACHED 3 CAR GARAGE, PRIVATE SEWAGE DISPOSAL SYSTEM, INGROUND POOL AND DETACHED WORKSHOP. DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE PLACEMENT OF 30817 METRES CUBED OF CLEAN FILL DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF AN INGROUND POOL AND ASSOCIATED LANDSCAPING DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION/INSTALALTION OF A 16 X32 FT INGROUND POOL AND WATERFALL Schedule 3-6 of September 15, 2015 Row No. Municipality Owner/Applicant Street Name/Lot/Con Permit No 13 OSHAWA CAMERON MCLEAN 1048 STONE COTTAGE CRESCENT/LOT 04 CON 03 O15-115GBH 14 OSHAWA CITY OF OSHAWA / HOSS HELE 15 OSHAWA TRANSCANADA PIPELINE LTD 2520 RITOSN RD N. PT LOT 09 CON 05 16 OSHAWA TRANSCANADA PIPELINE LTD LOT 06 CON 05 O15-114GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE EXPOSING AND CUTTING INTO THE PIPELINE FOR THE PURPOSE OF INSTALLATION OF A TEST HEAD DEVELOPEMNT ACTIVITIES ASSOCIATED WITH INTEGRITY DIG AT MLV 133+19.72 17 OSHAWA KHALED KATTEN/JACLYN RODO 997 HARMONY ROAD NORTH/LOT 04 CON 03 O15-122GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE ROUTINE MAINTENANCE RE SITE MP-302.6-2015 18 OSHAWA CITY OF OSHAWA/TERRI LYNN LAROCQUE GOODMAN CREEK SOUTH OF BERMUDA AVE./LOT 16 CON 03 O15-130GFHA CREEK BANK STABILIZATION.  45M ENCAPSULATED SOIL POLYPROPYLENE BAGS - ENVIROLOK OR EQUIV., BOULDERS AND ASSOCIATED PLANTINGS 19 OSHAWA CITY OF OSHAWA/TERRI LYNN LAROCQUE O15-129GFHA CREEK BANK STABILIZATION, SANITARY SEWER PROTECTION, GABION RESTORATION, 200M ARMOUR STONE REVETMENT 20 OSHAWA SILWELL DEVELOPMENTS LTD & 1229403 ONTARIO LIMITED C/O THE METRONTARIO GROUP/MALONE GIVEN PARSONS LTD. HARMONY CREEK BRANCH 1 FROM DARCY STREET TO OSHAWA BLVD N/LOT 09 CON 03 GRANDVIEW ROAD/LOT 03 CON 04 O15-112-G DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE ROUGH SITE GRADING, TOPSOIL STRIPPING AND PLACEMENT OF ENGINEERED FILL FOR THE LOTS AND ROADWAYS 21 WHITBY ROGERS COMMUNCATIONS DUNDAS STREET EAST/LOT 24 CON 01 W15-106GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE DIRECTIONSL BOREHOLE 1-4" CONDUIT 22 WHITBY JASON YOSHIDA 283 CACHET BLVD/ LOT 20 CON 06 W15-107GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE INSTALLATION OF AN INGROUND POOL 23 WHITBY ELAINE KING/SEAWAY POOLS 6 ANAVITA COURT LOT 28 CON 04 W15-108GBH DEVELOPMENT ACTIVITIES ASSOCAITED WITH THE CONSTRUCTION OF AN INGROUND POOL 24 WHITBY TOWN OF WHITBY GARDEN ST./BURNS ST./LOT 24 CON 1 W15-072-G TEMPORARY STORAGE OF PULVERIZED GRANULAR AND ASPHALT MATERIAL (APPROX. 2,300 CUBIC METRES). 25 WHITBY DAVID TURNER/PETER KAISER 116 RAGLAN STREET/LOT 30 CON 09 W15-125GBH DEVELOPMENT ACTIVITIES ASSOCIATED WITH INSTALLATION OF A PREFAB CABANA O15-126GFHA O15-110GBH Description DEVELOPMENT ACTIVITIES ASSOCIATED WITH THE INSTALLATION OF AN INGORUND POOL, LANDSCAPING AND POOL CABANA BEAVER DAM/DEBRIS REMOVAL Schedule 4-1 of September 15, 2015 REPORT CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: FILE: S.R.: MEMO TO: FROM: SUBJECT: September 3, 2015 ACEH22 5306-15 Chair and Members, CLOCA Board of Directors Patricia Lowe, Director –Stewardship, Education & Communications Cathy Grant, Education Instructor Education Programs – Report September 2014 to August 2015 For the past 27 years, Central Lake Ontario Conservation Authority has delivered formal and informal education programs to ensure environmental literacy for students and constituents in our jurisdiction. The following is a summary of our accomplishments from September 2014 to August 2015. CURRICULUM PROGRAMS In Your Watershed Staff continue to prepare new programs and upgrade old ones to fit into the new public education curriculum. “In Your Watershed” now offers 16 programs to elementary schools and 3 programs to secondary schools in CLOCA’s jurisdiction. Within these programs we deliver a variety of hands-on, see and do activities, to reach a variety of curriculum expectations. Teachers are able to select the program and location for delivery – either one of Enniskillen, Lynde Shores, Purple Woods or Heber Down Conservation Areas. The Enniskillen Conservation Area continues to be the most popular choice, this in part because of its modern facilities, indoor classroom space, and accessibility to water features, trails and indoor plumbing. We generally service the Durham District, Durham Catholic, Peterborough Victoria Northumberland Clarington Catholic, Kawartha Pineridge, Toronto District School Boards and various Montessori schools. We engaged just over 7,200 students during the 2014/2015 school year, up from 6,700 students last year. This increase in numbers, in part, is a result of the continued government funding for outdoor education which has seen a growth in the use from the Catholic school board. Education staff continue to work with Ducks Unlimited Canada education staff to deliver their Project Webfoot wetland program. Project Webfoot is funded through the Royal Ashburn Golf Club annual golf tournament, which raises funds to cover the costs of sending a classroom to a Project Webfoot program. This year 9 classes took part in Durham Region. With the high cost of bussing, staff continue to build on programs they can deliver at local schools. Currently we have 5 programs that can be delivered at the schools. The in-school program, “Watershed In My Backyard”, gives students an opportunity to explore their local creeks and valley lands and the animals that live there. Staff deliver the program to incorporate single and multiple grades as well as special needs classes. Promotion Our promotional activities continue to rely on the annual August mailing of our “In Your Watershed” brochure to all schools within our watershed. Programs are broken down by grade level to make it easier for teachers to see what is available to their specific grade. Emails are also sent out to our School Board contacts as well as reminder postcards which are sent in advance of special program registration like the Purple Woods Maple Syrup Festival. Purple Woods Maple Syrup 2015 The Sugar Bush Tours continue to be well received by students, teachers and parents. In 2015, we were booked to capacity with just over 1,500 students participating over 10 days. The pancake lunch option continues to be a popular choice with schools booking the 10:45 am or 1:00 pm tours. Schedule 4-2 of September 15, 2015 FILE: ACEH22 S.R.: 5306-15 September 3, 2015 Page 2 Winter Feels Good, Winter Snowshoe Program The snow shoeing program continues to be a huge draw providing the snow conditions are favourable. To assist with rising bus costs, staff will go to the school and offer 1 hour programs for each grade at the school. The 1 hour program allows us to see several classes over the course of a day; however, it is weather dependent in our more urban areas of the watershed. We delivered our winter programs to 1,540 students. Farm Connections On April 7, 8 and 9, Central Lake Ontario Conservation participated in the 10th annual Durham Farm Connections held at the Luther Vipond Arena in Whitby. Organized by the farming community, Farm Connections gives Grade 3 students the opportunity to be a “farmer for a day.” and discover how farming puts food on their table. Consisting of 8 activity centres, CLOCA hosts the Soil & Water Centre and has been coordinating this activity since 2007. Through the Soil & Water activity students gain an increased awareness of watersheds and stewardship and what they can do to protect the watershed in which they live. More than 1,200 Grade 3 students attended the event along with over 850 visiting the Wednesday evening public open house. Garlic Mustard Management Program – Purple Woods Conservation Area Garlic Mustard is an invasive plant with the ability to displace native plants like Trilliums, Blue Cohosh, Wild Leeks and Trout Lily’s. Six culinary and environmental classes of high school students were invited to help remove this invasive species from the Purple Woods Conservation Area sugar bush by pulling and bagging the plants. Following the pull, students were treated to a culinary experience in the kitchen with help from a local chef, making some delicious garlic mustard pesto and appetizers using the harvested plants. Monitoring of the Garlic Mustard is on-going with over 120 kg of this plant being removed from this site to date. This program is a joint initiative between education and natural heritage staff. NON CURRICULUM PROGRAMS CLOCA Watershed Wilderness Nature Hikes (sponsored in part by Ontario Power Generation - Darlington) These free programs are offered to the general public to engage them in hands-on family experiences at our Conservation Areas. Our goal with this program is to take advantage of seasonal changes in our watershed and provide our participants with the skills and comfort to explore natural environments on their own. The following is a list of programs offered through the Watershed Wilderness Nature Hikes program in 2014/2015. DATE ACTIVITY LOCATION ATTENDANCE Saturday February 14/15 Valentine Snowshoe Purple Woods 40 Saturday May 9/15 Garlic Mustard Management Event Purple Woods 20 Friday June 19/15 Summer Solstice Purple Woods 90 Schedule 4-3 of September 15, 2015 FILE: ACEH22 S.R.: 5306-15 September 3, 2015 Page 3 Participants in our Valentine Snow Shoe and Garlic Mustard Management Watershed Wilderness Events Tuesdays On the Trail Every summer CLOCA education staff assist Ontario Power Generation (OPG) Darlington, with delivery of their summer outdoor environmental education program. This year, due to construction at OPG, the Tuesdays on the Trail summer program was hosted at Enniskillen Conservation Area. The program is offered 3 Tuesdays in July and 3 in August. This change of venue allowed for us to reach a new audience of an estimated 100 participating families and OPG has requested to run the programs here again in 2016. The programs are themed and have 6 different guests providing aboriginal, environmental and health and wellness in the Conservation Area. CLOCA education staff delivered one of these events with a focus on terrestrial and aquatic wildlife on our trails and in the pond. We had 80 participants for our program. Summer Day Camp Bookings Staff continue to deliver their education programs to various summer day camps in July and August from the Town of Ajax, Durham District School Board, Day Care Centres and the Robert Bateman Get To Know Program. Butterfly Art created by participants in the Robert Bateman Get To Know Day Camp hosted by A Gift of Art and Ontario Power Generation Schedule 4-4 of September 15, 2015 FILE: ACEH22 S.R.: 5306-15 September 3, 2015 Page 4 Nature Ways Day Camp This year we opened the Enniskillen Education Centre up to the Nature Ways Day Camp. The Camp ran for 3 weeks Monday-Friday from July 27-August 14. Nature Ways Outdoor Education summer camp programs are based on environmental education, which promotes stewardship and fosters awareness of the natural landscape to campers ages 413, high school volunteers, and staff. This includes leaving no footprint and campers are required to bring a litterless lunch. Campers also incorporate arts and crafts and cultural programs which focus on aboriginal and early settler themes. The camp had 20-25 children registered each week. In exchange for a reduced rental fee, the camp was responsible for their own clean up and maintenance supplies. They also participated in the removal of the invasive European Frog-bit from the Enniskillen Pond and conducted litter pickups along the trails. FACILITY IMPROVEMENTS Enniskillen Education Centre A $2,882 grant was received from TD Friends of the Environment and $1,500 from St. Mary’s Cement to install a stone learning circle at the Enniskillen Conservation Area in October 2015. A fresh coat of paint was added to the tables to start off the new school year. Participants from the Nature Ways Day Camp made stone plant markers for the pollinator garden at Enniskillen Conservation Area. PROFESSIONAL DEVELOPMENT Stream of Dreams Following a Stream of Dreams Training Workshop, staff obtained permission to use the trademark license to deliver this program in Durham Region. We have one school on the Oshawa Creek with 400 students committed for the program in September. We have received generous donations from corporate sponsors for paint and wood. High school students from Henry Street High School cut and sanded 400 fish shapes using templates for a species found in Lake Ontario and CLOCA creeks. Staff submitted a proposal in July to TD Friends of the Environment to pilot this project in the 2015 and 2016 school year with 5 additional schools. The program introduces students to their watersheds, including local creeks, and storm drains. After they have learned about the watershed and its importance students paint wooden fish. Once painted, these wooden fish become “dreamfish,” the artwork is then displayed along a chain-link fence in their neighbourhood to remind everyone that we are connected to our creeks and the lake. Schedule 4-5 of September 15, 2015 FILE: ACEH22 S.R.: 5306-15 September 3, 2015 Page 5 Farms at Work – Pollinator Workshop Staff attended this one-day workshop in November 2014 to learn about native bees and beneficial insects. Led by pollination biologist, Susan Chan, we were introduced to the fundamentals of bee biology, the inner workings of pollination systems, and the importance of healthy, diverse populations of native pollinating species on human ecology. This workshop gave us insight into the decline in our pollinators and ways to incorporate the discussion with our school groups and the public. Education staff are responsible for the maintenance and ongoing management of two interpretive pollinator gardens at our Conservation Areas. Pollinator Garden at Purple Woods CA RECOMMENDATION: THAT Staff Report #5306-15 be received for information. PL/ms Campers find Swallowtail caterpillar and Monarch egg Schedule 5-1 of September 15, 2015 REPORT _______________CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: FILE: S.R.: MEMO TO: FROM: SUBJECT: August 21, 2015 ACAF49 5304-15 Chair and Members, CLOCA Board of Directors Heather Brooks, Director, Watershed Planning & Natural Heritage Wetland Conservation in Ontario: A Discussion Paper CLOCA Review and Comments In August, 2015, the Province released “Wetland Conservation in Ontario: A Discussion Paper” (attached separately) to focus discussion and input in the development of a Provincial Wetland Strategic Plan. This discussion paper has been posted on the EBR and is available for review and comment until October 26, 2015. The paper provides information on wetlands, offers an overview on wetland conservation in Ontario, introduces the concept of no net loss, and poses seven questions. Staff has reviewed the discussion paper and provided responses to the seven questions (attached) which has been forwarded to Conservation Ontario for inclusion in a collaborative submission to the Province. RECOMMENDATIONS THAT Staff Report #5304-15 be received; and, THAT CLOCA’s comments be endorsed and circulated to the Region of Durham and watershed municipalities HB/ms Attach. Schedule 5-2 of September 15, 2015 MEMORANDUM To: Taylor Knapp, Conservation Ontario cc: Chris Darling, Chris Jones, Kathy Luttrell, Heather Pankhurst From: Heather Brooks, Director, Watershed Planning & Natural Heritage File: ACAF49 Date: August 28, 2015 Re: Wetland Discussion Paper – CLOCA Comments The Province has taken a positive step in the protection of wetlands. The establishment of a strategic plan that includes vision, goals and objectives as well as a number of actions that the province will take to improve wetland conservation and stop the net loss of wetlands in Ontario is applauded. CLOCA looks forward to the release of a Provincial Wetland Strategic Plan and the supporting implementation documents. The following is prepared in response to the 7 questions posed in “Wetland Conservation in Ontario: A Discussion Paper” with input provided by a number of CLOCA staff. Questions: 1) Do you think there are current challenges related to wetland conservation in Ontario? If so, what are the challenges? There are many challenges facing wetland conservation, with competition for land being the most significant challenge. The legislative and policy gaps which facilitate wetland removals for land conversion through urban development or agricultural activity under grandparented Planning Act applications or for activities viewed as ‘normal farming practices’ such as tile draining or cropping must be addressed. Many Municipal zoning by-laws have not been updated to ensure consistency with Municipal Official Plans. This creates a “loop-hole” where existing zoning permissions continue to be legal (prevail) despite lack of conformity with Municipal Official Plans. The Province should require municipalities to update zoning by-laws in a realistic and reasonable time frame. Page 1 of 7 Schedule 5-3 of September 15, 2015 Central Lake Ontario Conservation Taylor Knapp, Conservation Ontario Wetland Discussion Paper – CLOCA Comments August 18, 2015 Infrastructure projects in Ontario have a veto when it comes to locating within, though, or adjacent to wetlands. A recent example is the Highway 407 East project which has been approved passing through wetlands including PSWs. Through the EA, the impact to PSWs was reduced significantly, but the approved alignment still removes a small amount of PSW. Compensation is being provided. but at a 1:1 ratio. Wetlands cannot always be replicated, particularly fens, bogs and swamps and 1:1 compensation does not replace value, only area. Currently there exists disparate legislative, regulatory and policy contexts and standards for wetland conservation in Ontario. For instance, there are many “categories” of wetlands including; provincially significant wetlands, coastal wetlands, Oak Ridges Moraine wetlands, Greenbelt wetlands, and other wetlands. Unevaluated wetlands are at risk from development pressures in urban, urbanizing and near-urban areas and the lack of consistent protected status for these types of wetlands in land use planning under the 2014 PPS and Provincial Plans makes it difficult to protect these wetlands. The different standards applied to these wetlands in the various provincial legislation, regulations, and policies creates conflict and misunderstanding when communicating the importance and value of wetlands and the need to protect these valuable features on the landscape. This is made worse by the fact that required amendments to Official Plans and Zoning By-laws to implement provincial wetland policies expose local planning authorities to OMB appeals under the current Planning Act framework and act as a disincentive to implement Planning Act protections. Wetland policies focus on impacts of a specific project and not the cumulative impacts of development on wetlands. The very nature of wetlands makes them particularly susceptible to additional stresses and the cumulative effects of non-adjacent development can result in significant loss of wetland habitat and function. Further effort is needed to ensure that cumulative impact is adequately and consistently addressed. More emphasis is needed on identifying hydraulically connected areas which support and maintain groundwater recharge to wetland areas. CLOCA has conducted an Ecologically Significant Groundwater Recharge Area (ESGRA) study which identifies groundwater recharge areas critical to wetlands and streams. Protection of these ESGRA areas will help to ensure that groundwater inputs to wetlands will not be sterilized. Additional effort needs to be made to protect adjacent wetland areas and associated upland habitats used by so many wetland species for breeding, hibernation, and rearing. To protect the wetland area, but not the associated and important adjacent upland habitat will significantly impact wetland function. Page 2 of 7 Schedule 5-4 of September 15, 2015 Central Lake Ontario Conservation Taylor Knapp, Conservation Ontario Wetland Discussion Paper – CLOCA Comments August 18, 2015 Regulation of Great Lake water levels preventing natural variation in water levels has had a tremendous impact on the health of coastal wetlands. This variation in water levels keeps coastal wetlands healthy and dynamic. In an attempt to restore this natural variation in water levels, Conservation Authority staff (and others) are undertaking wetland restoration projects. These projects, once completed, require continuous management and monitoring. Long term, secure resources are required to undertake this important work. Many landowners identify wetlands as “wastelands” and are of the opinion that they have no value whatsoever. These same people will not take advantage of important tax saving programs such as CLTIP. There seems to be a general lack of public support and/or awareness of the importance of wetlands. Increasing public support and awareness will help to reduce and minimize the contrasting opinions that exist amongst land owners and those involved in wetland protection, regulation and management. Greater emphasis is needed on improving awareness of the importance of wetlands through education, outreach and stewardship. Focusing and co-ordinating the efforts of various sectors on wetlands conservation have also been a challenge. Lastly, there has been a lack of a strong operational relationship/capacity at the Province in support of Conservation Authorities with respect to Section 28 regulations policy, interpretation, enforcement and prosecution under the Conservation Authorities Act and the Provincial Offences Act. 2) Three priority areas of focus for wetland conservation in Ontario are proposed: strengthen policy, encourage partnership and improve knowledge. What do you think of these three focus areas? Do you have other ideas for additional focus areas? These are all equally important, but with the addition of an incentive package and funding for wetland securement will see that the Province’s goals are more fully realized. An incentive package could include funding for securement of priority wetlands and perhaps even some improved income tax incentives. Indeed, property tax incentives already exists, as does the tax incentives available to land owners through the federal Ecogifts program, but there are many landowners where these programs are of no benefit. In the past, there were a number of organizations that had substantial funding set aside for land securement. These funding opportunities no longer exist and recent experiences in attempts to secure significant wetlands through donation and/or split receipts (cash and charitable receipt) have not been very successful. In CLOCA’s experience the vast majority of willing vendors are not interested in tax relief programs; their only interest seems to be full cash payment for the value of the property. The adoption of an incentive program which includes funding for wetland securement would be a positive step in the protection of wetlands by the Province. Page 3 of 7 Schedule 5-5 of September 15, 2015 Central Lake Ontario Conservation Taylor Knapp, Conservation Ontario Wetland Discussion Paper – CLOCA Comments August 18, 2015 3) Considering the three priority areas of focus, what are some actions and activities that government, organizations, and individuals could take to improve wetland conservation in Ontario? What partnerships should the Ontario Government explore to stop wetland loss? Strengthen Policy – Improving the requirements and standards for wetland protection and restoration will have a positive impact. This should come with improved monitoring and enforcement to ensure that policies are being appropriately implemented. The extended time lag that occurs between Official Plan Approval and Zoning By-law updates (see response to question 1) is a significant gap in ensuring that the latest wetland policies are implemented appropriately. There are zoning by-laws from the 1980’s (and before) that still prevail over updated Official Plans. The Province needs to address wetland loss through land use change not regulated by the Planning Act. For example, the conversion of wetlands to agriculture is one of the largest factors in wetland loss (more details are provided in response to question 1). Encourage Partnership – Conservation Authorities are the local agencies and “first responders” to receive questions about wetlands, identification of wetlands, wetland interpretation, and enforcement of wetland regulations and legislation. As MNRF administers the Conservation Authorities Act and regulations, a capacity building needs to take place at the ministry in order to provide timely and robust legislative, policy and operational support to CA’s to renew this longstanding partnership. The Province should encourage municipalities to utilize and adopt CA generated wetland mapping, ground-truthing exercises and wetland interpretation, in combination with MNR OWES mapping. Improve Knowledge – Promote ground-truthing by local agencies (Conservation Authorities) that have experience in wetland identification. Adopt and promote education programs for all ages, ethnicities, etc. on the value and importance of wetlands. 4) What do you think about Ontario’s current wetland policy framework? Can it be improved? Can it be made more effective? If so, how? It can be confusing trying to navigate the different policies and determining which applies; having policies that are clear and concise will reduce misinterpretation. However, having one overarching policy may not be the best for protecting Ontario wetlands as the local value of wetlands in a region could be lost. Regional variation in wetlands, including rarity and stresses (land use/climate change) will range and having one policy fits all may result in wetland loss in certain parts of the Province. Please see comments made in question 1, 2 and 3 for more on improving wetland protection. Page 4 of 7 Schedule 5-6 of September 15, 2015 Central Lake Ontario Conservation Taylor Knapp, Conservation Ontario Wetland Discussion Paper – CLOCA Comments August 18, 2015 Preparation of technical guidance to support effective implementation of Section 28 with respect to wetlands, “conservation of land” and “interference in any way” is needed. This guidance document must address all of the many functions and values of wetlands. 5) Should targets be considered to help achieve wetland conservation in Ontario? If so, what form should these targets take? The adoption of targets not only gives something to strive for, but generates something tangible to measure and evaluate how well we are doing in the protection of wetlands. Due to varying pressures, targets should be set regionally with timelines included for realization of the targets. These targets should include assessing functionality of wetlands, not just number of wetlands or overall wetland area. Many poorly functioning and unhealthy wetlands do not make up for the loss of healthy, high quality wetlands. 6) The Ontario government is considering approaches to achieve no net loss of wetlands. a. What do you think of the establishment of a mitigation/compensation hierarchy to achieve no net loss? Are there other approaches? It is difficult to properly bound and scope a no net loss approach in the land use planning context. Traditionally, Ontario has taken a prohibitive approach to development in provincially significant wetlands for Planning Act applications in Ecoregions 6E and 7E. A no net loss approach should not undermine the strong protections in place for provincially significant wetlands. A no net loss approach could be considered for qualifying nonprovincially significant wetlands. An exception may be linear infrastructure projects approved through the E.A. process provided a robust compensation process is established. In order to achieve a balance between growth and protection of wetlands, there needs to be an appropriate mechanism set up that can be fairly easily implemented. A policy that includes a hierarchy for decision making to include: 1) avoid; 2) minimize any potential disturbance; 3) provide mitigation; and 4) lastly, if the first 3 are not possible, provide compensation, should be adopted and heavily weighted to 1) avoidance. The standardization of criteria to assess impacts, mitigation and compensation in evaluation of project need vs. wetland value would be beneficial. DFO had for years operationalized a risk matrix decision making framework to address HADD’s. A similar approach could be used. The self-assessment process recently established by other government agencies for evaluation of ecological value and project impact is NOT recommended. Page 5 of 7 Schedule 5-7 of September 15, 2015 Central Lake Ontario Conservation Taylor Knapp, Conservation Ontario Wetland Discussion Paper – CLOCA Comments August 18, 2015 b. What tools (e.g. policy) could be used to implement approaches to achieve no net loss? The legal authority for no net loss should be established in legislation that would harmonize with all corresponding statutes that seek to regulate/influence wetland protection. The administration and decision making authorities should be clearly set out along with a transparent process for approvals. Policy, education, and incentives could also be used. If enforcement is necessary, it is because there has already been a violation of a Conservation Authority Section 28 regulation. In the case of violations, stronger penalties need to be applied along with remediation measures. c. What might the role of government, partners, private landowners and others be if no net loss approaches are implemented? Educate and Enforce – People need to know what the cost is if wetlands are destroyed. Many people don’t realize the importance of wetlands for improving and maintaining water quality, habitat diversity, flood storage and erosion control. The loss of wetlands and the implication to future generations needs to be conveyed to residents of Ontario. Education and stewardship are key in conveying this information. If no net loss is NOT ENFORCED, then people will continue to fill in, destroy and adversely impact wetlands. If the Province is really committed to no net loss, then they need to be ready to act on their commitment and provide timely and consequential enforcement. Given the current role of Conservation Authorities in wetland regulation and protection it makes sense that no net loss decision making be made through the Section 28 Regulation permit process. d. Should no net loss approaches be applied uniformly across Ontario? Or, only where the risk of wetland loss is greatest? In southern Ontario where more than 70% of wetlands have already been lost, a “net gain” approach should be considered. Again, not all wetlands should qualify for no net loss consideration, with the primary determinant being wetland significance ranking and ability to replicate on the landscape. The lessons learned in southern Ontario should not be ignored and as such, a no net loss approach should be taken in northern Ontario. Page 6 of 7 Schedule 5-8 of September 15, 2015 Central Lake Ontario Conservation Taylor Knapp, Conservation Ontario Wetland Discussion Paper – CLOCA Comments August 18, 2015 7) Do you have any additional suggestions for improving wetland conservation? The proposed strategic plan should lead to specific legislative and operational streamlining and enhancement. For example, the definition of a wetland in the Conservation Authorities Act and Planning Act/Provincial Policy Statement should be harmonized. In addition to policy and process, agencies with the capacity to operate locally on a site-by-site basis to deliver wetland management/regulation should be supported through any proposed legislative and policy change. In addition, more funding needs to be provided to the local agencies, including Conservation Authorities, as CA’s are the first responders to address questions about wetlands, including identification, interpretation, and enforcement. CA’s also provide education programming, outreach and stewardship activities, and assist landowners in developing conservation plans. As noted in question 1), more emphasis is needed to protect adjacent upland habitat areas, ESGRAs, and assessing cumulative impact of development on wetlands. Wetlands exist and work in a broader landscape, with many receiving water from upstream drainage areas or groundwater recharge areas located kilometres away. Wetlands provide critical habitat for essential life cycle stages for many wildlife species, including water fowl, amphibians and reptiles. Other Comments The Durham Region supports a distinct concentration of coastal wetlands on the shores of Lake Ontario. These wetlands provide unique ecological functions including flood control, sediment and nutrient filtration, and habitat for wildlife. They also provide recreation opportunities, shoreline protection and water quality improvements. This makes the protection of these ecosystems especially important. Mention of the Durham Region Coastal Wetland Monitoring Project (DRCWMP) in the discussion paper is appreciated. This is an important program that enables the consequences of human activities on wetland health to be assessed. It has also established the role and purpose of a long term and standardized monitoring program in evaluating health and in assessing restoration needs and success. S:\Heather\Wetlands\August 28 2015_Memo to Conservation Ontario_Knapp_Wetland Discussion Paper_Revised.doc of 7 Page 7 Schedule 6-1 of September 15, 2015 REPORT _______________CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: FILE: S.R.: MEMO TO: FROM: SUBJECT: September 3, 2015 IMS: ASLA3 5308-15 Chair and Members, CLOCA Board of Directors Chris Darling, Chief Administrative Officer Conservation Authorities Act Review On November 4, 2014 the Province made public for the first time provincial mandate letters. Eleanor McMahon, Parliamentary Assistant with the Ministry of Natural Resources and Forestry (MNRF), received a mandate letter from Minister Bill Mauro which gave her responsibility to: Engage with ministries, municipalities and stakeholders to initiate a review of the Conservation Authorities Act, including addressing roles, responsibilities and governance of conservation authorities in resource management and environmental protection. MNRF states that the objective of the review is to ‘identify opportunities to improve the legislative, regulatory, and policy framework that currently governs the creation, operation, and activities of conservation authorities that may be required in the face of a constantly changing environment.’ As a first step in the review, a discussion paper (attached separately) has been developed by the Ministry and has been posted on the provincial government’s Environmental Bill of Rights Registry. Feedback is being received by the Province until October 19, 2015. The purpose of the discussion paper is to seek feedback on the following three areas: 1. Governance – the processes, structures, and accountability frameworks within the Act which direct conservation authority decision-making and operations; 2. Funding Mechanisms – the mechanisms put in place by the Act to fund conservation authorities; and, 3. Roles and Responsibilities – the roles and associated responsibilities that the Act enables conservation authorities to undertake. In addition to the discussion paper, MNRF is holding a number of engagement sessions with ministries, municipalities, conservation authorities and stakeholders. The Ministry has indicated that if specific changes to the existing legislative, regulatory or policy framework are considered in the future, further public consultation will occur as appropriate. Attachment 1 provides a staff response to the specific questions posed in the discussion paper. Generally, the responses to the questions relate to five main themes: 1. The current conservation authority mandate as outlined in the Conservation Authorities Act which is the conservation, restoration, development and management of natural resources is appropriate and should be confirmed by the Ministry. cont’d…..2 Schedule 6-2 of September 15, 2015 FILE: IMS: ASLA3 S.R.: 5308-15 September 3, 2015 Page 2 2. There is a need to formalize and expand the conservation authority working relationships across Ontario provincial ministries in order to capitalize on the important contributions of CA programs and services, and to more widely leverage and support CA efforts in local watersheds. Attachment 2 provides a summary of the programs and services provided by conservation authorities that support provincial priorities. 3. The current governance model works well. Any discussion of changes to the governance model should only occur in relation to the funding model. 4. CAs have the necessary local knowledge and are well positioned to provide a “one-window” approach to effective an streamlined implementation of resource management programs and policies. 5. There is a need to develop a sustainable funding formula that captures and reflects the actual range of CA programs and services that support multiple provincial objectives. It is recommended that Attachment 1 be endorsed as CLOCA’s responses to the discussion paper and that the responses be forwarded to MNRF and to Conservation Ontario for inclusion in a collaborative submission to the Province. RECOMMENDATION: THAT Staff Report #5308-15 be received for information; THAT the comments contained in Attachment 1 to this report be endorsed as CLOCA’s comments on the Provincial Discussion Paper – Conservation Authorities Act; and, THAT a copy be forwarded to our watershed municipalities, and the Durham Region MPPs. S:\REPORTS\2015\sr5308_15.docx Schedule 6-3 of September 15, 2015 Attachment 1 CLOCA’s Comments on the Provincial Discussion Paper - Conservation Authorities Act QUESTION #1: In your view, how well is the current governance model as provided in the Conservation Authorities Act working? a. What aspects of the current governance model are working well? Governance is the dual process of decision-making and holding those that make decisions to account. The Conservation Authority governance model is guided by the fundamental principles of local decision-making, cost sharing, and watershed jurisdictions. It is these principles that provide the foundation for CAs to be innovative, solution driven, efficient, transparent and accessible at the grass roots in relation to decision-making, which in turn, enables our governance to be effective. The watershed based governance model fosters effective and innovative solutions to environmental management issues (e.g. flood management, drinking water and Great Lakes water quality, climate change, rapid urbanization/growth). Effective programs focused on watershed health have been initiated due to the flexibility provided in the Conservation Authorities Act. The CA Act provides that the province has broad oversight for the programs and services funded by the province. The broad oversight by the province allows for the development of programs and services that are adaptable to fit local circumstances. The governance model facilitates the ability for conservation authorities to establish partnerships at various levels of government and most importantly local watershed stakeholders. These partnerships are critical in successful locally driven actions aimed at improving watershed health. The governance model based on watershed jurisdiction also facilitates localized expertise and allows for local decision making. Progressive CA Boards of Directors have recognized the significant contribution of a watershed management approach for integration of water quantity and water quality and green infrastructure (e.g. rural stormwater management, Low Impact Development) for greater environmental and economic benefit. The governance model provides for efficient use of local, on the ground local service delivery for environmental management. The CA Act provides for the number of representatives that can be appointed to the Board by each municipality. The Act does not provide direction on criteria or directives on who should be appointed. This works well as it provides the municipality the flexibility to appoint who they deem appropriate to represent them. Having municipal representatives as the members on a watershed Board provides an effective mechanism for municipalities to have a greater say in defining issues, and their solutions, that lie outside their municipal administrative boundary. CLOCA’s model of appointing elected municipal councillors works well as it provides a measure of accountability. b. What aspects of the current governance model are in need of improvement? An enhanced Conservation Authority and Provincial Ministry relationship is needed. Conservation Authorities undertake work that supports and benefits provincial objectives. Closer collaboration would be jointly beneficial. To achieve this enhanced relationship, it is suggested that a Provincial Directive/Policy is necessary and that it would mandate coordinated, multi-ministry engagement with Conservation Authorities towards an integrated watershed management approach to environmental and resource management that delivers local program needs while meeting cross-ministry science, policy, and legislative objectives. This coordination would be premised on a return to a more equitable cost sharing partnership between the province and municipalities. This provincial directive could be given effect at the provincial level through some type of Provincial Watershed Governance Body (e.g. one ministry, or a lead CLOCA’s Comments /1 Schedule 6-4 of September 15, 2015 Attachment 1 agency, or a multi-ministry Secretariat or Steering Committee or even a standing agenda item for existing multi-ministry initiatives such as Ontario’s Great Lakes Strategy, and Climate Change Strategies). Such a formalized relationship would result in more efficient and effective approach to environmental and resources management and recognizes the contributions CA programs make to achieving multiple provincial objectives. In addition, the establishment of some type of Watershed Governance Body could provide centralized legal support for enforcement of Section 28 Regulations. With regard to provincial oversight for the water related natural hazard (e.g. flood, regional control, wetlands) prevention and management programs, there are legislative, policy and technical guideline and tool support that is necessary from the MNRF for consistency and modernization. It is noted that this requires a renewed commitment within the MNRF to provide this policy support (leveraging Conservation Authority expertise) to the modernized delivery of this program, and, other provincial partners are key such as MEDEI for infrastructure management, MMAH for land use planning policies to prevent development in hazard lands, EMO/MCSCS for flood emergency management and, MOECC for green infrastructure/LID approaches to stormwater management. The Governance model should be discussed in the context of the funding model. Assuming more and continued provincial interest in integrated watershed management and funding then provincial representatives/appointees on the CA Boards may have merit. Another approach the Province could consider is the model established under the Clean Water Act whereby provincial liaison officers played an important role to the source protection committees and to the Province by establishing and communicating provincial regulations and standards and funding for those regulations to be met for consistent program delivery. The following specific amendments to the CA Act are suggested as governance improvements: Section 14 (4) of the CA Act refers to a members appointment for no more than 3 years. This needs to be updated to 4 years to reflect municipal councillor’s term. Section 30 of the CA Act provides that an authority shall make administration regulations providing for calling of meetings and procedure at those meetings. The administration OF Board meetings could be improved by including additional direction in Section 30 similar to the content of the Municipal Act as it relates to municipal council meetings. Section 37 refers to OMB approval for members’ salaries, expenses and allowances. Requirement for OMB approval is not required as little to no provincial money is used to compensate CA members expenses. c. In terms of governance, what should be expected of: a. The board and its members? Meet current best practices of and requirements for any not-for-profit corporation Board Voting should be done in accordance with the best interest of the watershed Adhere to Municipal Conflict of Interest legislation, and Board approved policies, and protocols Direct and undertake performance review of the Chief Administrative Officer Setting strategic direction and operational policies ensure fiscal stability, approving budgets Making decisions that are consistent with the mandate to further the conservation, restoration, development, and management of natural resources. In this regard, the CA Act could be amended to include a provision requiring that CA Boards make decision consistent with Section 20 of the CA Act and that the Board act in the best interest of furthering the conservation, restoration, development, and management of natural resources. b. The general manager or chief administrative officer? Attending to day to day operational needs in accordance with approved policies Manages staff and programs Implements Board resolutions CLOCA’s Comments /2 Schedule 6-5 of September 15, 2015 Attachment 1 Engages participating municipalities in budget development and approval process Acts as spokesperson for the Authority in the absence of the Chair and Vice Chair of the Board. c. Municipalities? Appoint members Engage CAs in the budget development and approval process Engage and collaborate with CAs in the development and implementation of strategic initiatives (eg. Municipal Climate Adaptation strategies, water/watershed management strategies) Partner in projects with common goals and objectives. d. The Ministry of Natural Resources and Forestry? Lead the modernization/update of the provincial policy, science and standards that guide the natural hazards program in Ontario to address current environmental issues Address the shortfall in transfer payments for this delegated program responsibility Partner in projects with common goals and objectives. e. Other provincial ministries? Participate on a Provincial Watershed Governance Body to ensure coordination of delivery of cross-ministry science, policy, and legislative objectives Further to the first bullet, proactively fund programs supporting provincial environmental sustainability Partner in projects with common goals and objectives. f. Others? Various watershed stakeholders to participate in development and implementation of local projects (eg. Wetland restoration projects, watershed educational and outreach programs.) d. How should the responsibility for oversight of conservation authorities be shared between the province and municipalities? Oversight of conservation authorities is generally defined in the Conservation Authorities Act and appropriately provides for oversight by both the province and municipalities. Provincial oversight could be improved by establishing a Provincial Watershed Governance Body. Such a body would also ensure coordination of delivery of cross-ministry science, policy, and legislative objectives and a return to a more equitable cost sharing partnership between the province and municipalities. It would create better efficiencies between programs and avoid duplication of efforts in on-theground delivery with complimentary benefits. Municipalities provide oversight through the appointment of municipal representative(s) to the Board with each member having a vote. The Board is responsible to carry Directors and Officers Liability Insurance for their decisions around the programs delivered (including permits) and the budget. CAs are accountable to municipalities through the municipal budget process and request for levy through provision of accountability reports that could include detailed budget submissions outlining work completed in previous year and work to be completed and detailed breakdown of all revenue sources and expenditures. Finally, CAs are also accountable through the Section 25(2) of the CA Act allowing municipal councils to make an appeal of a levy apportionment. It is these processes that, in part, prevent duplication between CA and municipal services as well as up to date MOUs that outline the municipal/CA technical service agreements in support of municipal decision-making under the Planning Act. Oversight on permit decisions by the CA Board under Ontario Regulation are appropriately adjudicated (on appeal) by the Mining and Lands Commissioner as delegated by the Minister of Natural Resources and Forestry. This must remain a provincial responsibility to ensure the integrity of the natural hazards management program in Ontario. CLOCA’s Comments /3 Schedule 6-6 of September 15, 2015 Attachment 1 e. Are there other governance practices or tools that could be used to enhance the existing governance model? Improvements from the proposed Ontario Not for Profit Corporations Act and other legislation that institutes best practices (e.g. Municipal Conflict of Interest Act) could be integrated into the CA Act. Enhanced provincial policy supporting integrated watershed management with the establishment of some type of Provincial Watershed Governance Body would strengthen the ability to provide local resource management programs (e.g. one ministry, or a lead agency, or a multi-ministry Secretariat or Steering Committee or even a standing agenda item for existing multi-ministry initiatives such as Ontario’s Great Lakes Strategy, and Climate Ready Strategy). QUESTION #2: In your view, how are the programs and services delivered by conservation authorities best financed? a. How well are the existing funding mechanisms outlined within the Act working? The Conservation Authorities Act establishes a number of mechanisms which conservation authorities can use to fund programs. The Act allows the MNRF to provide conservation authorities with funding to support Ministry approved programs. A conservation authority may also apply for funding from the province to deliver programs on its behalf. Local resource management programs and services can be funded through municipal levies. Conservation authorities can generate revenue through service and user fees, resource development and fundraising. Conservation authority funding needs vary depending on watershed size, population levels, and watershed characteristics (such as the amount of hazard land and the potential for flood, drought, etc.). The number of water and erosion control structures owned or operated by a conservation authority has a significant impact on its budget requirements. One of the foundational principles of the Conservation Authority model is cost sharing; by the municipalities within the watershed jurisdiction and the provincial government. With the decline of provincial funding, Conservation Authorities’ budgets are largely dependent on the size of the watershed and the available municipal tax base. CA programs and services are both locally and regionally beneficial, and as a result, it is appropriate for the funding of watershed-based programs to be derived from the local tax base (the municipal levy). Equally, as much of the benefits are in the broader public interest and therefore require provincial leadership and financial support, it is appropriate for the funding to be derived from the provincial tax base. Municipal Funding: The funding partnership between the Province and Municipalities has undergone many changes over time. It has gravitated from a 50/50 partnership to a point where, today, Conservation Authorities derive the majority of their budgets from local municipalities through the levy process defined in Ontario Regulation 670/00 and enabled through Section 27(16). Funding for Conservation Authorities is derived from a variety of sources, but on the average 48% is provided through municipal levies; 40% comes from self-generated revenues; 10% comes from the Province [i.e. flood management (s.39 of Conservation Authorities Act) and source water protection (Clean Water Act) programs] and 2% is provided by federal grants or contracts (2013 Conservation Ontario Survey). The reduction in provincial contributions to a cost sharing philosophy has resulted in municipal criticisms of provincial downloading which would diminish if the province returned to at least 50:50 cost sharing and considered inflation and the local ability to pay. Enabling the Conservation Authority through legislation to levy municipalities within the watershed is consistent with the recognition that management of the natural resources is most effectively done a watershed basis. There are accountabilities in the municipal budget process which are respected and make this arrangement work through councillor appointees to a CA Board and through detailed budget submissions outlining work completed in previous year and work to be completed and detailed breakdown of all revenue sources and expenditures. CLOCA’s Comments /4 Schedule 6-7 of September 15, 2015 Attachment 1 Provincial Funding: Since the mid-1990s, MNRF has only approved provincial funding for the water related natural hazard prevention and management role of Conservation Authorities which includes flood and erosion control. Funding for this program area has been cut since the mid-1990s with no inflationary increases let alone increases to address the increasing demands in managing the current and future impacts of more frequent flood events. Currently there is a significant shortfall in provincial transfer payments for the operation of the flood management program under the Conservation Authorities Act estimated to be approximately $5.1 million annually in Conservation Ontario’s 2013 Flood Management Business Case. In 2015, Conservation Ontario requested an interim amount of $5.9 million to address the shortfall and to enable Conservation Authorities to improve floodplain mapping, conduct strategic asset management planning, and improve delivery of cost effective flood programs that warn residents and prevent flooding. It is noted that in the delivery of this program, other provincial partners are key such as MEDEI for infrastructure management, MMAH for land use planning policies to prevent development in hazard lands, EMO/MCSCS for flood emergency management and, MOECC for green infrastructure/LID approaches to stormwater management thus reinforcing the need for the transfer payment for this program area to be more than an MNRF responsibility. Other notable co-benefits include provincial priorities around climate risk and resilience, and Great Lakes water quality. In addition to an updated understanding of what’s needed for an effective natural hazards program in Ontario, other CA programming initiatives should be reviewed in the context of an updated funding formula. For example, CAs provide services beyond flood management for MNRF, such as those related to natural heritage and species at risk; these may tie to addressing the Provincial (planning) Policy Statement or meeting targets under stewardship/biodiversity strategies thus reinforcing the need to potentially expand the transfer payment for other programs within MNRF. Notably, natural heritage systems are a component of green infrastructure referenced in the previous point. As well, provincial recognition of the role that Conservation Authorities play in areas of outdoor education, recreation and quality of life that contribute significantly to the health and well-being of our residents and visitors thereby reducing provincial health care costs would be of benefit. Many CAs provide extensive facilities and land base for recreational trails tied to existing communities and new growth areas. Similar discussions should involve MTCS for greenspace and recreational trail planning, and MMAH, MTCS, and MAA for aboriginal engagement with respect to conservation land management. With regard to MOECC Clean Water Act funding, the Discussion Paper indicates that “Future levels of funding are expected to move to a steady state once current source protection plans are approved” (p.16 Discussion Paper). The Province is encouraged to ensure a minimum level of capacity at the CA level to support the municipal implementation and the success of the program. With a $220 million investment of public funds it is imperative to keep the knowledge up to date and the expertise developed. The ongoing CA technical support function for implementation of this program is critical. The ‘delegated’ programs and other partnership agreements with the Province generally provide more services than recognized and financially supported by the Province. Funding for ongoing operation of programs has diminished significantly and also does not adequately reflect the diversity, complexity and range in CA capacity. The Province is encouraged to review basic operational activities/programs of CAs that support multiple provincial priorities and provide a broader public benefit with a view to providing long term funding to CAs and increasing the efficiency of environmental and resource management in Ontario. The Province should consider ‘operational costs’ in the delivery of all locally based programs to protect taxpayer investment. The previously referenced Provincial Watershed Governance Body is necessary to assist in addressing this issue. CLOCA’s Comments /5 Schedule 6-8 of September 15, 2015 Attachment 1 Finally, Section 4 of the Discussion Paper illustrates the wide diversity of CAs’ Revenue, Area, population and the ability to locally fund programs and services. Developing a more equitable means of allocating provincial funding to Conservation Authorities based on an analysis of the aforementioned factors should be considered a high priority. Self-generated revenue: On average, 40% of the Conservation Authorities’ budgets come from self-generated revenues. The ability to charge fees and to enter into partnerships has made the difference in the ability of many of the Conservation Authorities to operate effectively and in a business-like manner. However, self-generated revenue has limitations and generally cannot generate more that 40% of a CA overall budget. In addition, self-generated revenue is not a consistent revenue source and as such should not be considered a sustainable source. b. What changes to existing funding mechanisms would you like to see if any? An inter-ministry approach to transfer payments in support of the water related natural hazard prevention and management (which includes flood and erosion control) program transfer payment from MNRF is needed. As well, CAs provides a tremendous amount of work and value for the province. To achieve the greatest environmental and economic benefit for the residents of Ontario, the Province should develop a sustainable multi-ministry (e.g. MNRF, MOECC, MMAH, MEDEI, OMAFRA, MTCS) funding formula for basic operational activities of Conservation Authorities that support multiple provincial objectives. Without this investment, there will continue to be varying capacity to deliver on existing and any additional Provincial priorities. This is one of the most critical changes necessary to level the playing field and enable an equitable and effective program. Conservation Authorities are very good at leverage revenue for projects that support watershed health. However, too much reliance is put on one time financial grants/donations to fund projects. Without a sustainable funding source these one-time funded projects result in short term benefits and fall short of their potential for positive impacts to watershed health. Land Securement is an important tool in protecting natural heritage features and for providing opportunities for people to enjoy and appreciate nature. CLOCA has been CLOCA has been very active in land acquisition in the last decade. In the past the Province was a key partner in land acquisition through the provision of land securement funding. However, recently this funding has diminished significantly. The Province should reintroduce grants for conservation land securement. c. Which funding mechanisms, or combination of funding mechanisms, are best able to support the long term sustainability of conservation authorities? The existing municipal levy funding tool is essential for CA survival. Its use is time tested and effective and when used with discretion and full communications, it is well received and supported by municipalities. Levy is the only secure form of funding available to CAs. There must be continued property tax (municipal) and income tax (provincial) funding to support the core operating capacity of Conservation Authorities. The cost-sharing formula must take into account the local ability to pay. Carbon pricing revenues should be used as a potential new source of provincial revenue that could be used to support growth planning and climate change mitigation and adaptation activities of Conservation Authorities. d. Are there other revenue generation tools that should be considered? CLOCA’s Comments /6 Schedule 6-9 of September 15, 2015 Attachment 1 Recognizing the need for a new source of provincial revenue, consideration should be given to use of carbon pricing revenues to support growth planning and climate change mitigation and adaptation activities of CAs. There also needs to be recognition of the financial value of the ecological services that conservation authorities provide. These ecological services help support clean water and mitigate infrastructure costs. Accordingly, other sources of revenue that could be facilitated through legislative amendment or policy for CA eligibility include: Development Charges Act, enactment of the Sustainable Water and Sewage System Act (i.e. recoverable cost from water rates), stormwater fees/rates (e.g. Peel Region), Trillium Foundation, Infrastructure funding for recreational / outdoor education. QUESTION #3: In your view, what should be the role of conservation authorities in Ontario? a. What resource management programs and activities may be best delivered at the watershed The Conservation Authorities Act enables conservation authorities to undertake a wide range of activities on behalf of provincial, municipal and other interests. Conservation authorities are the only resource management agencies in Ontario that are organized on a watershed basis. The Act provides conservation authorities with the power to develop their own programs and services tailored to the local needs and interests they serve. This flexibility allows conservation authorities, and the municipalities that fund them, to focus their resources on areas of greatest need to the local population. It also results in variability in the scale and range of programs and services delivered by any individual conservation authority. Recent years have seen an increased interest in reviewing conservation authority roles in resource management in Ontario. The Commission on the Reform of Ontario’s Public Service in particular called on the province to undertake a review of the programs and services delivered by both the MNRF and conservation authorities to clarify responsibilities and eliminate any duplication. In 2007 the provincial government created a Conservation Authorities Liaison Committee with representatives from the building industry, province, municipalities, conservation authorities, Conservation Ontario and environmental organizations. MNRF approved the 2010 ‘Policies and Procedures for Conservation Authority Plan Review and Permitting Activities’ developed by the committee that clarifies the role of conservation authorities in the municipal planning process, and in issuing conservation authority permits. From a science perspective the watershed unit is the appropriate scale for the management of water for all uses and inputs to the Great Lakes and for modeling watershed responses to various land use and climate change scenarios. Conservation Authorities use this frame of reference to engage their local watershed residents in support for integrated watershed management. They provide science-based advice and to deliver services within their watersheds including: watershed/sub-watershed planning, water quality/quantity monitoring and modeling, natural hazards management and regulation, natural heritage and forestry, source protection, watershed stewardship and restoration, technical input and review for municipal land use planning and development, as well as, outdoor education and recreation. The CA Act serves to define CAs as watershed management bodies that are separate from the land use planning process, yet grants them the ability to administer a regulation which affects planning matters (including infrastructure and servicing). This is consistent with other environment and natural resource management legislation that issues permits. CAs as public commenting bodies under the planning and environmental assessment processes, play a significant role in managing the local natural resources of watersheds for the benefit of the municipalities that fall within them and for broader public benefit. The issues that CAs raise in the development review process are integral to environmental sustainability. Additionally, accountabilities are in place as per the 2010 ‘Policies and Procedures for Conservation Authority Plan Review and Permitting Activities’, which indicate the provincial expectation that “CAs should give public notice and undertake public and stakeholder consultation prior to submission for CA Board approval of all proposed policies, watershed and subwatershed plans, guidelines or strategies that are intended to be used by the CA to comment on future land use and land use planning and inform CA review of applications made pursuant to the Planning Act.” CLOCA’s Comments /7 Schedule 6-10 of September 15, 2015 Attachment 1 Conservation authorities have forged many successful working relationships with their participating municipalities, which appreciate the efficiency of utilizing watershed-based specialized science and technical expertise that many individual municipalities do not possess in-house, e.g., floodplain management, stormwater management, hydrogeology, fluvial geomorphology, ecology, and natural heritage systems planning. These services are delivered as outlined in MOUs with municipalities as part of planning and technical staff’s day-to-day work under the planning and environmental assessment processes, and ultimately in these projects’ detailed design stage where they may require a section 28 permit. CAs pride themselves in ensuring coordination of applications under the Planning Act and the CA Act to eliminate unnecessary delay or duplication in the process. CLOCA has a service agreement with Durham Region to provide technical input and advice on matters related to the assessment or analysis of water quality and quantity, environmental impacts, watershed science and technical expertise associated with activities near or in the vicinity of sensitive natural features, hydrogeology and storm water studies. This agreement has served CLOCA and our municipal partners well in assisting in making informed decisions under the Planning Act. Individually, Conservation Authorities generally operate at a tertiary watershed scale, but collectively, 36 CAs operate on a Great Lakes basin/watershed scale. Environment and natural resource management program efficiencies can be gained by examining opportunities to look at programs across individual watersheds. To date, the provincial modernization and transformation of provincial environment and natural resource management programs have focused on increasing efficiencies for an individual agency’s processes through computerization and proponent self-assessment. The ultimate effectiveness of these processes in meeting provincial environment and natural resource mandates is undetermined as are the cumulative impacts. CAs observe that overall these individual processes are less efficient in that applicants are having to wade through multiple processes and to make decisions for which they may have limited or no qualification to assess. Partnering with the CAs on environment and natural resource management programs best delivered on a watershed basis, could serve as the basis for more clarity and a ‘one window’ service delivery model. There is no agency responsible for coordinating and implementing the myriad of resource management programs by the provincial ministries and conservation authorities. The previously referenced need for a watershed governance body could address the coordination gap. In terms of implementation, conservation authorities are well structured to serve as the primary agency for implementing resources management programs of provincial agencies and ministries. Conservation authorities have the necessary local knowledge that is required for effective implementation of resource management programs and policies. This “one-window” approach would also help streamline and coordinate approvals. b. Are current roles and responsibilities authorized by the Conservation Authorities Act appropriate? Why or why not? What changes, if any, would you like to see? The legislation provides a broad mandate and suite of responsibilities which empower Conservation Authorities to set local programs and priorities in collaboration with member municipalities, government ministries and partners. Section 21 of the CA Act outlines the ‘Powers of Authorities’ including the ability “to study and investigate the watershed” and “to cause research to be done” and to establish watershed-based resource management programs. These ‘powers’ have resulted in innovations by Conservation Authorities in partnership with municipalities and the provincial and even federal governments that have raised the respect for watershed management to the point that it is recognized in the PPS of the Planning Act and in the Great Lakes Water Quality Agreement. As well, other ‘powers’ necessary for effective delivery of watershed management are included in Section 21 such as the ability to charge fees for services approved by the Minister of Natural Resources and Forestry; and to enter into agreements with other implementers. The current Conservation Authority ‘mandate’, as broadly outlined in sections 20 (objects) and 21 (powers) of the Conservation Authorities Act, remains as relevant today as when it was envisioned in 1946 because these sections have enabled integrated watershed management. While Sections 20 and 21 enable integrated watershed management they could be made more explicitly supportive with inclusion of updated language that reflects current roles and responsibilities best undertaken at a watershed scale. For example, the “roles and activities” which the 2010 ‘Policies and Procedures for Conservation Authority Plan CLOCA’s Comments /8 Schedule 6-11 of September 15, 2015 Attachment 1 Review and Permitting Activities’ states, “CAs may undertake” should be embedded in the CA Act. This would clarify confusion surrounding CAs’ ‘mandate’. The provincially recognized roles in plan review and permitting include: regulatory authorities (s.28) and delegated provincial interest in plan review for natural hazards management, resource management agency (with clear emphasis on watershed-based), public commenting bodies, service providers, and, landowners. Overall, the challenge in the drafting of these clauses will be to ensure that they clarify the Conservation Authority mandate without having the unintended consequence of being limiting for effective and innovative local environmental and resource management on a watershed basis. It is proposed that to achieve this ideal definition and better CA/provincial coordination of implementation, a Provincial Directive/Policy should mandate coordinated, multiministry engagement with Conservation Authorities towards an integrated watershed management approach to environmental and resource management that delivers local program needs while meeting cross-ministry science, policy, and legislative objectives. c. How may the impacts of climate change affect the programs and activities delivered by conservation authorities? Are conservation authorities equipped to deal with these effects? Impacts of climate change including rising temperatures and changing precipitation patterns in Ontario have already reduced river flows, warmed surface waters and impacted wetlands. These impacts will likely continue and other threats to environmental, public health and our economy are expected to materialize including increased flooding and reduced quantity and quality of drinking water and disruption to businesses and costly damage to infrastructure. As leaders in natural resource protection in Ontario, Conservation Authorities are uniquely positioned to support measures to conserve, preserve, restore, mitigate and adapt to climate change. Conservation Authorities cannot deal with these effects alone. They need the Province to take a leadership role in providing funding to support CA programs related to climate change mitigation and adaptation. d. Is the variability in conservation authorities’ capacity and resourcing to offer a range of programs and services a concern? Should there be a standard program for all authorities to deliver? Why or why not? The funding inequity for Conservation Authority programs accounts for the financial variability in Conservation Authority capacity to deliver on existing and any additional Provincial priorities unless they are funded (see more details on Funding and local ability to pay in responses to question #2). Better funded and more consistent Conservation Authority watershed management programs around both water and land resources ensures clean and sustainable water and land resources needed for our daily lives and our economy. Provincial priorities (e.g. climate change, Great Lakes protection, source water protection, natural hazards management, growth, economy) that are best delivered at the watershed scale should be funded as such with standard program design for all Conservation Authorities to deliver. Any rigid legislative program standards for all CAs to follow would adversely affect the ability of a CA to develop unique programs required for their specific watershed. Beyond the standard requirements for provincially delegated programs referenced above, the intent or origins of the conservation authority movement is to allow for local watershed issues and concerns to be addressed. This should not change; the existing flexibility should be retained for CA Board approved programs that support local watershed needs. e. What are some of the challenges facing conservation authorities in balancing their various roles and responsibilities? Are there tools or other changes that would help with this? The Provincial funding shortfall for the natural hazards management program is considered to be a major challenge in delivery of that role and responsibility; as well as, the need for the MNRF and partner ministries to provide leadership and support in modernizing the Provincial technical guidelines. CLOCA’s Comments /9 Schedule 6-12 of September 15, 2015 Attachment 1 The lack of a sustainable funding formula that recognizes the multi-ministry benefits of the Conservation Authority watershed management program in general is another major challenge. As previously referenced, there are a myriad of government bodies that have objectives towards protecting and managing natural resources. Conservation authorities are well positioned to as a “one-window” service delivery that would enhance the ability to protect natural resources and natural heritage systems. In terms of tools or other changes, as described in more detail above, funding and a provincial directive for coordinated multi-ministry engagement with Conservation Authorities towards an integrated watershed management approach to environmental management that delivers local program needs while meeting cross-ministry science, policy, and legislative objectives would be helpful. Enforcement of Section 28 Regulations is compromised by not having the ability to issue stop work orders. Stop work orders are required to minimize continuing violations, environmental damage and to gain confidence quickly. Section 28 (16) refers to fines for contravention to the regulation. Fines need to be increased significantly to be consistent with other environmental legislation. Increased fine should also provide for a method of cost recovery for the conservation authority. Section 28 (25) defines wetlands. The definition should be updated to reflect more frequently used definitions such as provided in the Planning Act and Provincial land use plans. Section 28 (10) uses the term interfere. This section should be amended to provide that no regulation made under this section shall “prohibit”. There are many activities that fall under exceptions that have implications on natural hazards and the environment. In these cases, the authority should be able to issue permissions with conditions to ensure impacts are minimized. There are many terms used throughout Section 28 that require definitions. For example, the term conservation of land should be defined. Conservation of land should be defined as the protection, management, or restoration of lands within the watershed ecosystem for the purpose of maintaining or enhancing the natural features and hydrologic and ecological functions within the watershed. This provides for the much needed support of the provincial policy protecting wetlands. The definition of wetlands in the Conservation Authorities Act is different than the definition found in the Provincial Policy Statement and the various Provincial Plans which creates challenges when undertaking various programs and services aimed at protecting wetlands. The definition in the CA Act should be harmonized with other provincial policy and planning documents. f. Are there opportunities to improve consistency in service standards, timelines and fee structures? What are the means by which consistency can be improved? What are some of the challenges in achieving greater consistency in these areas? Conservation Authorities have a shared commitment to improve information sharing and networking and to develop templates and guidelines for greater consistency. For example, in 2015, Conservation Ontario hosted a Section 28 Regulations workshop on the 2008 “Draft Guidelines to Support Conservation Authority Administration of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation”. Further to this workshop, work is underway with the CO Section 28 Regulations Committee to update the 2008 Guidelines. In general, having updated guidelines that are endorsed by the Province would lead to more consistency. CLOCA’s Comments /10 Schedule 6-13 of September 15, 2015 Attachment 1 To further drive consistency, additional training sessions for the municipal and development sectors should be provided by the Province to remind them of the provincial expectations of Conservation Authority service delivery and fees. As well, MNRF could undertake more CA audits/reviews where complaints are most prevalent. Challenges in achieving greater consistency include: differences in CA Board direction with regard to an expectation of 100% cost recovery through fees versus an expectation that the services be delivered through the municipal levy and provincial transfer payment; the amount and complexity of development applications within a watershed; regional differences in costs (e.g. wages, consultants); and, the amount and severity of natural hazards existing within a Conservation Authority’s jurisdiction thus contributing to complexity of review. In general, provincial leadership regarding minimum standards would assist and the establishment of a provincial watershed governance body could also help address any potential gaps in minimum standards regarding policy requirements, programs and processes to support integrated watershed management and local delivery of environmental and resource management. Key areas for minimum standards such as Section 28 fees, asset and risk management, and administrative by-laws, to name a few, would be helpful to ensure that all 36 CAs are operating at the same basic level. As well, as previously indicated, it is critical to have a sustainable funding formula that recognizes, the multiple benefits of CA programs to provincial priorities, inflation and the local ability to pay. The concern of consistency amongst CAs is an on-going criticism of the CA Program and it would be most helpful to determine the priority programs that will be supported by a sustainable funding formula and then to communicate to stakeholders, partners and the general public where they can expect some consistency across all CAs. QUESTION #4: Are there any other areas, questions or concerns regarding the Conservation Authorities Act or conservation authorities in general that you feel should be considered as part of the review? The CA Act is dated and needs to be refreshed to reflect todays realities and needs. There needs to be some effort put towards harmonizing the Act with other legislation such as the Planning Act, ORM Act, and Provincial Offences Act. Harmonization includes ensuring that CAs are recognized and legally defined consistently and their roles and responsibilities are recognized. The CA Act still has old provisions dating back to the time when MNR provided 70% of the CA project funding. Section 50 (3) (e) of the Planning Act (CA land Acquisition) requires approval of a project by the Minister under Section 24 of the CA Act. “ the land or any use of or right therein is being acquired for the purposes of flood control, erosion control, bank stabilization, shoreline management works or the preservation of environmentally sensitive lands under a project approved by the Minister of Natural Resources under Section 24 of the Conservation Authorities Act…..” Ministry staff has interpreted Section 24 of the CA Act such that approval can only be given by the Minister if there is grant money provided by the Province in accordance with Section 39 of the Act. The effect of Section 24 would seem that a CA could only receive approval for acquisition purposes only if the Province also contributes financially to that project. The problem is, the Ministry no longer provides funding for securement/acquisition of lands for erosion control, bank stabilization, shoreline management or preservation of environmentally sensitive lands. The Ministry should consider amending the CA Act to specify that Section 24 approval to activate Section 50 (3) of the Planning Act does not require Section 39 approval. CLOCA’s Comments /11 Schedule 6-15 of September 15, 2015 ATTACHMENT 2 ADDING VALUE How Conservation Authorities support provincial priorities Climate change Local adaptation strategies such as green infrastructure, urban and rural stormwater management, tree planting Flood management programs to address climate change Data collection, monitoring, modelling and research Healthy Great Lakes Rural stewardship, urban and rural stormwater management, nutrient management, green infrastructure and other programs reduce nutrient impact on Great Lakes Great Lakes Guardian Fund projects Data collection, monitoring, modelling and research Growth and urbanization Conservation Authorities Act Section 28 regulations control development in and near wetlands, floodplains, steep slopes and Great Lake shorelines Advice to municipalities to ensure development is compatible with a healthy and sustainable environment and consistent with the Provincial Policy Statement and provincial plans (e.g. Greenbelt Plan, Oak Ridges Moraine Conservation Plan, Growth Plan for the Greater Golden Horseshoe) Flood warning and protection $2.7 billion worth of public infrastructure including more than 900 dams, dikes, channels and erosion control structures Floodplain mapping, flood monitoring and warning systems to protect lives and properties Flood damage reduced $100 million annually Conservation Ontario | 120 Bayview Parkway | Newmarket, ON | L3Y 3W3 | 905-895-0716 conservationontario.ca Schedule 6-16 of September 15, 2015 ATTACHMENT 2 ADDING VALUE How Conservation Authorities support provincial priorities Natural heritage and biodiversity 146,000 hectares of natural land protected through CA ownership Tree planting, forest management, river habitat and wetland protection and improvements Support provincial efforts to protect Species at Risk and manage Invasive Species Recreation, health and tourism 250 Conservation Areas attracting 6.8 million visitors annually 2,500 kilometres of trails connecting people to nature Education Close to 50 outdoor education facilities serving more than 400,000 students annually at 3,800 schools in partnership with 50 of the province’s 72 district school boards Partners in Water Festivals: fun, interactive way for kids to to learn about water issues Partners in Specialist High Skills Major Program Water quality Implementing the Clean Water Act for drinking water source protection Stewardship programs protect water quality on farm and rural land Water supplies Implement Low Water Response Program during dry conditions Water budgets and other research guide informed decisions on municipal water supplies Some CAs operate reservoirs used to maintain river flows in summer and fall Monitoring and reporting Partner in Provincial Water Quality Monitoring Network and Provincial Groundwater Monitoring Network, Hydrometric Network and others CA Watershed Report Cards provide an overview of watershed health Conservation Authorities are proud to work with these ministries: Natural Resources & Forestry, Environment & Climate Change, Municipal Affairs & Housing, Agriculture, Food & Rural Affairs, Economic Development, Employment & Infrastructure, Health, Tourism Culture & Sport, Education, Northern Development & Mines Schedule 6-17 of September 15, 2015 REPORT CENTRAL LAKE ONTARIO SOURCE PROTECTION AUTHORITY DATE: FILE: S.R.: MEMO TO: FROM: SUBJECT: September 3, 2015 NSPG1 SP-012-15 Chair and Members, CLOSPA Board of Directors Chris Darling, C.A.O. Approval of CTC Source Protection Plan Background The Credit Valley – Toronto and Region – Central Lake Ontario Source Protection Plan (SPP) was approved by Ministry of the Environment and Climate Change (MOECC) on August 14, 2015. The SPP applies to the Credit Valley Source Protection Area, Toronto and Region Source Protection Area (TRSPA) and the Central Lake Source Protection Area which collectively form the CTC Source Protection Region. In order to allow time to prepare for implementation, the SPP will take effect on December 31, 2015. The SPP contains both mandatory and have-regard-for policies, per the requirement of the Clean Water Act (CWA) and Ontario Regulation 287/07 that were developed to address both water quality and water quantity threats to groundwater and water quality threats to surface water sources (in this case Lake Ontario) from existing or potential future activities. The province’s focus is on protecting sources of municipal drinking water from threats from 21 prescribed activities. With provincial approval, a source protection committee could add potential threat activities to the list if there was a local activity of concern. In the CTC Source Protection Region, two additional activities were added: spills from petroleum pipelines; and releases of tritiated water from nuclear generating stations. The SPP policies specify how drinking water threats will be reduced, eliminated, or monitored; who is responsible for implementing the policies and taking action; timelines; and how progress will be measured. The plan considers both existing and future threat activities and future water uses, and is aimed at preventing threats from developing and not just responding to current threats. The SPP contains policies to protect source water against all the significant and some of the moderate and low drinking water threats identified in the Central Lake Ontario Protection Authority Assessment Report (CLOSPA). During the development of the SPP, the CTC Source Protection Committee undertook extensive public consultation per the requirements of the CWA. This included meetings with municipalities and the public, as well as electronic postings of the documentation. All public feedback was considered by the CTC Source Protection Committee in developing and amending policies. The consultation comments were also compiled and submitted with the proposed SPP to the Minister in October 2012 and again when the amended proposed plan was submitted in December 2014. cont’d…..2 Schedule 6-18 of September 15, 2015 FILE: NSPG1 S.R.: SP-012-15 Page 2 September 3, 2015 The SPP contains 110 policies for the protection of municipal water systems. The member municipalities have been identified as implementers of approximately forty five (45) groundwater quality policies, six (6) groundwater quantity policies and one (1) Lake Ontario-related policy. Within CLOSPA the majority of applicable policies relate to Lake Ontario drinking water threats. The CTC SPP contains several policies to protect Lake Ontario drinking water sources focusing on activities where the potential has been demonstrated for a land based activity to contaminate the lake in the vicinity of a municipal water intake. Such activities include: Municipal sewage treatment plants disinfection failures; Municipal trunk sewer breaks; Tritium releases from nuclear generating stations; Spills of fuel at bulk storage facilities; and, Petroleum product pipeline breaks. These Lake Ontario policies generally address improved spill notification and response, enhanced monitoring of lake conditions to aid in predicting where contaminants may move in the event of a spill and to aid in preparing spill response protocols; and use and ongoing improvement of three-dimensional models as risk management and decision-making tools. Next Steps The implementation of the SPP policies directed at municipalities, source protection authorities and specific provincial ministries and agencies is required by law under the CWA. As of December 2015, all such stakeholders identified as implementers of specific policies must ensure that the requirements are met per the established deadlines. Every policy which addresses a significant drinking water threat also has a monitoring policy which requires the implementing body to report to the Source Protection Authority (SPA) every February on the actions taken in the previous calendar year to implement the policy. In turn the Authority must report to the Minister each May (starting in 2018) on progress. The Minister has also set November 30, 2018 as the date for submission of Terms of Reference for the review and update of the SPP including any updates to the assessment report as required. Staff of the CLOSPA and the CTC Source Protection Region have been working with member municipalities since 2012, consulting on the plan and holding workshops and meetings to assist with understanding and implementation of the plan. The CTC and CLOSPA staff will continue during the early implementation period to work with municipal (and other) personnel to ensure that they fully understand their responsibilities under the SPP and to provide support and tools as necessary. This includes training workshops and exercises. The CTC has also developed a web-based interactive tool designed to aid in this process, whereby municipalities and land owners are able to check land parcels on a map, and identify the specific policies that may apply to them (www.ctcswp.ca). cont’d…..3 Schedule 6-19 of September 15, 2015 FILE: NSPG1 S.R.: SP-012-15 Page 3 September 3, 2015 The province has fully funded the source protection authorities and municipalities to undertake the technical work and development of the initial source protection plan. Cost of implementation is the responsibility of the implementing body and the affected property or business owner. For its role in assisting the municipalities with implementation, the three conservation authorities in the CTC Source Protection Region have been entirely funded through grant funding agreements administered between the TRCA and the province. Currently funding has been committed until March 31, 2016. Staff salaries and benefit costs related to the development and implementation of the SPP are also covered by funding from the province. With approval of many of the source protection plans, the province is currently reviewing the future funding that it will provide to source water. The Source Protection Authority has ongoing responsibilities to administer the program, maintain data and provide support as well as undertake future reviews and updates. It is expected that the province will continue to fund this liability but the amount of funding is expected to be substantially reduced in line with the lowered effort required. Attached are a series of questions and answers provided by the province that accompanied the plan approval announcement for the CTC and the Halton-Hamilton Source Protection Regions that may be useful to the municipalities and the public. RECOMMENTATION: THAT Staff Report #SP-012-15 be received for information. CD/ms Attach. Schedule 6-20 of September 15, 2015 Attachment 1 CTC Region and Halton-Hamilton Source Protection Region — Source Protection Plan Approval Questions and Answers Local announcement: August 14, 2015 KEY MESSAGES Ontario has approved action plans to protect the water sources that supply municipal drinking water systems in the GTA, and Halton-Hamilton areas. These plans pertain to three adjacent source protection areas — Central Lake Ontario, Toronto and Region, and Credit Valley — collectively known as the CTC source protection region (“CTC”), and the Halton-Hamilton source protection region. After years of work and public consultation, the CTC and Halton-Hamilton source protection committees have developed sound plans that protect their municipal drinking water systems, and in so doing, provide numerous actions to defend the integrity of Lake Ontario. The Clean Water Act ensures communities protect their drinking water supplies through prevention — by developing collaborative, watershed-based source protection plans that are locally driven and based on science. Local leadership continues to play a key role in protecting our drinking water sources now and in the future. Protecting our local drinking water sources is part of Ontario’s drinking water safety net. Thanks to our strong framework with safeguards at every step of the process, Ontarians can be confident in the quality and quantity of their drinking water. Q1. What’s the news? Ontario has approved action plans to protect the water sources that supply municipal drinking water systems in the GTA, and Halton-Hamilton areas. These plans pertain to three adjacent source protection areas — Central Lake Ontario, Toronto and Region, and Credit Valley — collectively known as the CTC source protection region (“CTC”), and the Halton-Hamilton source protection region. Both plans come into effect December 31, 2015. Source protection planning and implementation is all about protecting existing and future sources of drinking water. Protecting local drinking water sources is part of Ontario’s drinking water safety net that starts at the source and continues until you turn on your tap. Q2. Where is the CTC source protection region? The CTC source protection region is situated in southern Ontario. It is comprised of three source protection areas: Central Lake Ontario, Toronto and Region, and Credit Valley. The source protection region is complex and diverse – it spans from Oak Ridges Moraine in the north to Lake Ontario in the south. It also includes portions of the Niagara Escarpment, the Greenbelt, and Canada’s most densely populated area: the Greater Toronto Area. It borders several source protection regions including Halton-Hamilton to the southwest; Lake Erie to the west; South Georgian Bay Lake Simcoe to the north; and Trent Conservation Coalition to the east. The region contains 25 watersheds and measures over 10,000-square kilometres, and is home to approximately 6.78 million people. Almost half reside in Toronto. Schedule 6-21 of September 15, 2015 The area has 27 municipal residential drinking water systems – 17 draw from 66 groundwater wells, and 10 draw from Lake Ontario. Over 95% of the population in the region is served by these systems. Q3. Where is the Halton-Hamilton source protection region? The Halton-Hamilton source protection region is situated in southern Ontario along the north shore and western end of Lake Ontario. It includes parts of the Niagara Escarpment and borders a number of source protection regions including Lake Erie to the west and CTC to the northeast, as well as Niagara Peninsula source protection area to the south. The region measures over 1400 square kilometres and is home to approximately 900,000 people. Urban areas in the region include the City of Burlington, Town of Oakville, Town of Milton, and the City of Hamilton. The area has ten municipal residential drinking water systems – six draw from an aquifer, and four draw from Lake Ontario. Over 90 per cent of the population in the region is served by these systems. Q4. How were these source protection plans developed? The plans are the result of many years of work and public consultation. The source protection committee led scientific evaluations of their drinking water sources, and mapped out vulnerable areas around each of these sources. Then they assessed activities in these areas with the potential to pose a risk to these local water supplies. Members then led local discussions with key stakeholders and the public on the best way to address these risks, using this input to develop the source protection plans. The CTC source protection committee consists of a chair and 21 members speaking for the local interests of the area. This source protection committee is one of 19 established through the Clean Water Act. The Halton-Hamilton source protection committee consists of a chair and 15 members speaking for the local interests of the area. This source protection committee is one of 19 established through the Clean Water Act. Q5. Was the public consulted in the development of these source protection plans? Community engagement is a very important part of plan development. The CTC source protection committee held public meetings, posted the draft plan on the internet, then the proposed plan, and consulted again with the public on proposed amendments. The Halton-Hamilton source protection committee held public meetings, posted the draft plan on the internet, then the proposed plan, and consulted again with the public on proposed amendments. The committees met their public consultation requirements. Schedule 6-22 of September 15, 2015 Q6. What areas are identified in the CTC area plans? Source protection plans protect the lakes, rivers and aquifers that supply water to municipal drinking water systems. These plans outline actions to protect the 27 local municipal drinking water systems in the region — 17 that draw from 66 groundwater wells, and 10 that draw from Lake Ontario. The area where policies address water quality represent 2 per cent of the region, and the area where policies address water quantity represent 16 per cent of the region. Q7. What areas are identified in the Halton-Hamilton area plans? Source protection plans protect the lakes, rivers and underground aquifers that supply water to municipal drinking water systems. These plans outline actions to protect the ten local municipal drinking water systems in the region — six that draw from an aquifer, and four that draw from Lake Ontario. The area where policies address water quality represent 6.5 per cent of the region, and the area where policies address water quantity represent less than 1 per cent of the region. Q8. How serious are the risks to the CTC drinking water supply? The CTC source protection committee identified significant risks that could occur in the protection zones of their municipal drinking water systems. The committee identified the following existing activities as potential significant risks: waste disposal sewage facilities application and storage of manure management of aquaculture application, handling and storage of biosolids, pesticides and commercial fertilizers livestock grazing and pasturing including farm-animal yards application, handling and storage of road salt storage of snow handling and storage of fuel, dense non-aqueous phase liquids and organic solvents consumptive water taking activities that reduce the recharge of aquifers in the region spills from pipelines transporting petroleum products across tributaries, rivers and streams that flow into Lake Ontario Tritium spills from a nuclear generation station in the region. There are also a number of similar activities that are prohibited in the future if they are close to municipal intakes. Q9. How serious are the risks to the Halton-Hamilton drinking water supply? The Halton-Hamilton source protection committee identified significant risks that could occur in the protection zones of their municipal drinking water systems. The committee identified the following existing activities as potential significant risks: sewage facilities application and storage of manure handling and storage of commercial fertilizers application of pesticides Schedule 6-23 of September 15, 2015 livestock grazing and pasturing including farm-animal yards application of road salt handling and storage of fuel, dense non-aqueous phase liquids conveyance of oil in pipelines There are also a number of activities that are prohibited in the future if they are close to municipal intakes, such as waste disposal sites, gas stations, salt storage, and snow storage. Q10. Why are you taking extra steps to protect source water through the Clean Water Act? We learned from the events in Walkerton that the first step in ensuring safe drinking water is to protect the local supply of drinking water at the source. The Clean Water Act ensures communities protect their drinking water supplies through prevention — by developing collaborative, watershed-based source protection plans that are locally driven and based on science. Source protection planning and implementation helps to ensure that local drinking water is protected in communities across the province. Q11. What do the CTC plans include? Protecting Ontario’s sources of drinking water is a shared responsibility. The CTC source protection plan gives responsibilities to municipalities, several provincial ministries, and the local conservation authorities. Examples of municipal actions include: establishing risk management plans for the following: o storage of fuel and organic solvents o handling and storage of manure and pesticides if located in protection zones closest to municipal wells, and commercial fertilizers, known to contain nitrate, in broader protection zones o generators of hazardous and liquid industrial and PCB waste storage o application of pesticides o application, handling and storage of road salt o chemicals used in de-icing aircraft o activities that reduce aquifer recharge o farm yards known to have nitrates and pathogens in run-off o handling, application and storage of manure, biosolids, livestock grazing, commercial fertilizers, and pesticides, in certain identified parts of the protection zones. developing or updating water conservation plans, and collaborating with other municipalities that share the same groundwater sources to plan and manage their water supply. developing and implementing a drought management plan for York Region. requiring salt management plans to accompany development applications delivering education and outreach programs to raise awareness and promote best management practices for handling and storage of small quantities of hazardous and liquid industrial wastes; handling, storage and application of commercial fertilizers, pesticides, and road salt; storage of snow; and handling and storage of fuel and organic solvents. Working with the conservation authority to investigate the sources of sodium and chloride that contribute to drinking water issues in the Orangeville and Georgetown area, and sample the raw water at affected drinking water systems monthly. Schedule 6-24 of September 15, 2015 Conducting research with the local conservation authority to determine how Orangeville’s wastewater treatment plant affects the sodium and chloride levels in aquifers in the area. Q12. What do the Halton-Hamilton plans include? Protecting Ontario’s sources of drinking water is a shared responsibility. The Halton-Hamilton source protection plans give responsibilities to municipalities, several provincial ministries, and the local conservation authorities. Examples of municipal actions include: establishing risk management plans for the following: o application of manure o application, handling and storage of commercial fertilizer o fuel storage o Handling and storage of organic solvents o Outdoor livestock yards, including grazing and pasturing implementing septic inspection and maintenance programs update their salt management plans to include wellhead protection areas and other vulnerable areas, and enhance their best management practices implement education and outreach plans to promote: o best management practices for the application or storage of commercial fertilizers by golf course operators, fertilizer application technicians, home and business owners, and retail establishments. o proper pesticide use and storage methods, and their impacts on drinking water sources. o effective spill response protocols for homeowners with home fuel tanks o impacts of road salt, and the use of best management practices. o hazardous waste disposal and waste reduction. o the broadening of best management practices to septic system users. Q13. How were the local First Nations involved in the CTC plan? There are no First Nations reserves in the CTC source protection region. None of the policies in the plans are directed at First Nations, nor do the policies impact Aboriginal or Treaty rights. Q14. How were the local First Nations involved in the Halton-Hamilton plan? There are no First Nations reserves in the Halton-Hamilton source protection region. None of the policies in the plans are directed at First Nations, nor do the policies impact Aboriginal or Treaty rights. Q15. Ontario has given money to municipalities for source protection. Did anyone in the CTC region receive a grant? Ontario is giving grants to small, rural municipalities to help offset start-up costs associated with implementing their source protection plans and collaborating with each other in this regard. In this region, 14 municipalities met the eligibility criteria when the program was launched in November 2013, and received over $572,000 in total. The province also invested over $24.6 million in the scientific assessment and development of the plans for the CTC source protection region. Schedule 6-25 of September 15, 2015 As well, Ontario gave approximately $1.3 million to residents living in the source protection region, under the Ontario Drinking Water Stewardship Program. This program helped landowners make voluntary changes to reduce or remove potential drinking water risks on their properties, in advance of the approval of the source protection plans. Q16. Ontario has given money to municipalities for source protection. Did anyone in the Halton-Hamilton region receive a grant? Ontario is giving grants to small, rural municipalities to help offset start-up costs associated with implementing their source protection plans and collaborating with each other in this regard. In this region, two municipalities met the eligibility criteria, and received over $90,000 in total. The province also invested over $8.5 million in the scientific assessment and development of the plans for the Halton-Hamilton source protection region. As well, Ontario gave about $507,000 to residents living in the source protection region, under the Ontario Drinking Water Stewardship Program. This program helped landowners make changes to reduce or remove potential drinking water risks on their properties, in advance of the approval of the source protection plans. Q17. How do the CTC plans help protect the Great Lakes (Lake Ontario)? The plans include policies that call for the Ministry of the Environment and Climate Change to reconvene the Lake Ontario Collaborative working group to help further protect the lake. In the past, this working group brought together municipal and provincial representatives, and local scientists, to identify how to work together to protect Lake Ontario. The ministry is continuing to work through existing collaborative approaches such as the Canada-Ontario Agreement on Great Lakes Water Quality and Ecosystem Health (COA), and the proposed Great Lakes Protection Act. If passed, the Act would enable various watershed approaches to help solve the complex problems in the Great Lakes. The COA includes commitments to take action with the Great Lakes community to address priority lakewide and nearshore issues. With the approval of these source protection plans the ministry will continue to seek opportunities to address the objectives of these policies through ongoing work on the Great Lakes. Q18. How do the Halton-Hamilton plans help protect the Great Lakes (Lake Ontario)? The plans include policies that call for the Ministry of the Environment and Climate Change to share information of water resources obtained through source protection planning with Environment Canada, to enhance the knowledge of Lake Ontario’s shoreline. As well, the plans request the ministry reach out to Environment Canada, New York State, and the United States government agencies, to discuss the findings and policies of the source protection planning process, to encourage collaboration on protecting the Great Lakes, and raising the profile of Lake Ontario. The ministry is continuing to work through existing collaborative approaches such as the Canada-Ontario Agreement on Great Lakes Water Quality and Ecosystem Health (COA), and the proposed Great Lakes Protection Act. If passed, the Act would enable various watershed approaches to help solve the complex problems in the Great Lakes. The COA includes commitments to take action with the Great Lakes community to address priority lakewide and nearshore issues. With the approval of these source protection plans the ministry will continue to Schedule 6-26 of September 15, 2015 seek opportunities to address the objectives of these policies through ongoing work on the Great Lakes. Q19. What does source protection planning in CTC and Halton-Hamilton do to address the risk of spills to Lake Ontario from oil pipelines, such as the Enbridge Line 9 B Project? The plans ask the Ministry of the Environment and Climate Change to work with pipeline owners and provincial and federal regulators to update spill prevention and contingency plans to include source protection. Interprovincial pipelines, such as Enbridge’s Line 9B, are federally regulated and subject to the jurisdiction of the National Energy Board (NEB). The plans also ask the Ministry of the Environment and Climate Change to include maps of protection zones and locations of known significant risks to municipal sources of drinking water, and modify existing procedures to ensure that operators of all water treatment plants that could be affected by oil pipeline spills are notified. The ministry has revised all its spills response and notification procedures to reflect these suggestions, for all source protection areas within the province. The Ontario Government actively participated in the NEB hearing process to ensure that Ontario’s concerns, including potential environmental impacts arising from the Enbridge Line 9B Project, were fully considered by the NEB in its decision. Pipeline companies and first responders must be prepared to respond to pipeline spills in a timely and effective manner to protect people, property and the environment. The ministry has ensured that Enbridge (and other pipeline owners) have access to source protection mapping information to use in developing their watercourse crossing and emergency management plans. Enbridge has confirmed in their regulatory filings with the NEB that their analysis of “High Consequence Areas” was re-drafted to incorporate vulnerable areas identified in source protection plans, and that this information is being added to their emergency response plans. This analysis includes considering drinking water sources that could be affected in the event of a pipeline rupture. On October 6, 2014, the NEB requested additional information from Enbridge related to two conditions (16 and 18) outlined in the NEB decision to approve Line 9B which relate to the placement of valves and the company’s water crossing management plan for Line 9B. Enbridge provided this on October 28, 2014 for the NEB’s review. On February 5, 2015, the NEB approved Enbridge’s revised filings for conditions (16 and 18). The NEB found that Enbridge has adequately demonstrated that its methodology for the number and placement of valves is currently appropriate and has approved Enbridge’s water crossing management plan. The Board also imposed new conditions on Enbridge in order to consider and assess the ongoing valve placement needs on Line 9B. Within the next 12 months, Enbridge must submit engineering studies and analyses relating to whether additional valves are required. In addition, the NEB appointed Dr. Ron Wallace – a member of the Board – to review all future filings for this project. The NEB has granted provisional “Leave to Open” (approval to operate the pipeline), once Enbridge completes hydrostatic testing of certain stretches of Line 9B. Schedule 6-27 of September 15, 2015 Q20. What does source protection planning in CTC do to address the risk of spills to Lake Ontario from bulk fuel storage? The plans include policies that call for the ministry to work with owners and operators of bulk fuel storage facilities to develop risk management plans, and with the Ministry of Consumer Services, and the Technical Standards and Safety Authority, to develop information materials about fuel storage and handling, for delivery to municipalities and industry associations. Additionally, policies call for this ministry to work with the appropriate authorities to develop, review, update, and test spill prevention, spills management, risk reduction and contingency plans along shipping lanes and certain areas along railways and highways. Q21. What does source protection planning in Halton-Hamilton do about the blue-green algae in the western part of Lake Ontario? The Halton-Hamilton source protection committee reviewed water quality data for the drinking water intakes that draw from Lake Ontario when developing their local assessment reports. While there is some evidence of blue-green algae in the western basin of Lake Ontario, it has not impacted any of the drinking water intakes in the region that draw from Lake Ontario. Recent confirmed blue-green algae blooms in the Halton area of Lake Ontario were confined to the shorelines and did not impact the drinking water intakes, which are as far as a kilometre from the shoreline. Furthermore, the Ministry of the Environment and Climate Change has never detected algal toxins in any of the treated drinking water samples at these intakes at or above the Ontario drinking water quality standard level of 1.5 micrograms per litre. This summer, the ministry is continuing with implementing precautionary monitoring in the area. In addition to these local actions, the Ministry of the Environment and Climate Change has implemented a 12-point blue-green algae plan to diminish algal blooms in the Great Lakes and other lakes and rivers. To learn more about the plan, please visit: https://www.ontario.ca/environment-and-energy/blue-green-algae Q22. Why is blue-green algae a concern to drinking water safety? Cyanobacteria, commonly called blue-green algae, occur naturally in ponds, rivers, lakes and streams. Usually the algae are not visible, until they become a bloom. Typically, blooms form when nutrients are readily available in the water. Nutrients come from agricultural or urban runoff, effluent from sewage treatment and industrial plants, and leaching from septic systems. Reducing or eliminating these nutrient inputs is a proactive way to reduce the occurrence of blue-green algal blooms. Some blooms produce toxins — a real threat to water quality, and human and animal health. Blooms may also produce compounds that affect how the water tastes and smells, and clog filters at drinking water treatment plants. Q23. When do the CTC and Halton-Hamilton source protection plans take effect? The effective date for the CTC and Halton-Hamilton source protection plans is December 31, 2015. This timing will allow source protection partners, including municipalities and the local conservation authorities, to continue to work together and effectively prepare for plan implementation. Schedule 6-28 of September 15, 2015 Q24. Will the CTC source protection plans be updated in the future? The Minister of the Environment and Climate Change requires the Toronto and Region Conservation Authority, the lead source protection authority, to work with the two other source protection authorities in the region, the source protection committee, the ministry, and the municipalities in the area, to develop a workplan outlining the future plan’s review. The workplan will also have regard for the first annual progress report on the implementation of the source protection plans, which is due in May 2018. The workplan is due in November 2018. Q25. Will the Halton-Hamilton source protection plans be updated in the future? The Minister of the Environment and Climate Change requires the Halton Region Conservation Authority, the lead source protection authority, to work with the Hamilton Region Conservation Authority, the source protection committee, the ministry, and the municipalities in the area, to develop a workplan outlining the future plan’s review. The workplan will also have regard for the first annual progress report on the implementation of the source protection plans, which is due in May 2018. The workplan is due in November 2018. Q26. How do the source protection plans relate to sewage bypass notification? The CTC and Halton-Hamilton source protection plans require the ministry and municipalities to take action to protect sources of municipal drinking water from sewage spills and bypasses. The ministry is required to review environmental compliance approvals for wastewater treatment plants that discharge into Lake Ontario to ensure they protect these sources, as well as updating protection zone mapping to ensure that drinking water system operators and the public are notified in the event of a spill or bypass. The ministry has updated this mapping information. Municipalities will be required to update emergency response and contingency plans in the event of spills or bypasses. The plans take effect on December 31, 2015. The ministry recognizes that during significant storms or wet weather events, bypasses may be required to prevent flooding of a sewage treatment system and streets and homes. Bypasses are meant to be temporary, emergency measures and not part of a treatment system’s normal operation. The ministry monitors incidents at sewage facilities to confirm contingency plans are in place to reduce bypasses and overflows. The ministry believes the public should be made aware of potential impacts to water quality following storms. Having real-time information on sewage bypasses and any associated health risks will better protect the public. The ministry is looking at developing a provincial approach that is more transparent and includes real-time public reporting by municipalities of bypasses and overflows. Right now, we are consulting with the City of Toronto on a public notification plan that could be used as a model for other municipalities. We will be looking for the best ways to make sure the public has detailed and real-time information on bypasses which could include amendments to the City’s approvals. We are committed to undertaking this work now and expect to develop a public notification plan in the coming months.