reg adm and pol gula minis d co licie ation stra ompl es n 165 ation

Transcription

DEV
VELOPMEN
NT,
INTE
ERFE
ERENC
CE WITH
W
WET
TLAN
NDS AND
A
ALT
TERAT
TION
TO SHOR
S RELIN
NES AND
A
WAT
TERC
COUR
RSES
REG
GULA
ATION
N 165
5/06
ADM
MINIS
STRA
ATION
N
AND
D CO
OMPLIANC
CE
POL
LICIE
ES
TABLE OF CONTENTS
PART A –
Policies For The Administration Of The Development,
Interference With Wetlands and Alteration To Shorelines
And Watercourses Regulation ........................................................1
1.0
Background To The Regulation ................................................................2
1.1
History of the Mattagami Region Conservation Authority...................2
1.2
The Conservation Authorities Act ......................................................3
1.3
Land Use Planning and Management Policies ..................................4
1.4
Other Legislation for Works In or Near Water ....................................4
2.0
Section 28 Policy Objectives .....................................................................5
2.1
Section 28 Policy Intent .....................................................................5
3.0
Ontario Regulation 165/06 .........................................................................6
3.1
Areas Regulated By Ontario Regulation 165/06 ................................6
3.2
Activities Regulated by Ontario Regulation 165/06 ............................7
3.3
Activities Deemed To Have Permission by Approval ........................7
4.0
General Policies To Prohibit or Regulate Development ..........................9
4.1
Background – What Are Hazardous Lands ........................................9
4.1.1 Prohibited Uses .......................................................................9
4.1.2 Permitted Uses........................................................................9
4.1.3 Safe Access – Consideration of Ingress/Egress .....................10
5.0
Riverine Flooding Hazards ........................................................................11
5.1
One-Zone and Two-Zone Areas ........................................................11
5.2
Conditional Development Zones (CDZs) ...........................................12
5.3
Policies for One-Zone Policy Areas ...................................................14
5.3.1 Existing Uses ..........................................................................14
5.3.2 Residential ..............................................................................14
5.3.3 Rural Residential .....................................................................16
5.3.4 Commercial/Industrial/Institutional ..........................................16
5.3.5 Renovation/Conversion of Use ...............................................17
5.3.6 Stormwater Management ........................................................17
5.3.7 Public Infrastructure ................................................................17
5.3.8 Recreational Uses ...................................................................18
5.3.9 Agricultural Uses .....................................................................19
5.3.10 Exceptions ..............................................................................20
5.4
Policies for Fill Placement, Excavation and Grading ..........................21
5.5
Policies for Two-Zone Policy Areas ...................................................22
5.5.1 No Development .....................................................................23
5.5.2 Structures ................................................................................23
5.5.3 Relocation of Flood Line and Utilization of Flood Fringe .........23
i
6.0
7.0
Riverine Erosion Hazards ..........................................................................25
6.1
River Bank and Steep Slope General Policies – Apparent Valley ......25
6.1.1 Development Within the 15 Metre Allowance ..........................26
6.1.2 Development Within the Erosion Hazard ................................27
6.2
Meander Belt General Policies – Not Apparent Valley .......................30
6.2.1 Development Within The Adjacent Allowance .........................31
Wetlands and Areas of Interference .........................................................33
7.1
Wetlands ............................................................................................33
7.2
Areas of Interference .........................................................................33
7.3
Policies for Wetlands and Areas of Interference ................................34
8.0
Large Inland Lakes .....................................................................................35
8.1
Large Inland Lake Shoreline Policies .................................................37
9.0
Hazardous Lands........................................................................................39
9.1
Hazardous Lands Policies .................................................................39
10.0
Alteration to Shorelines and Watercourses .............................................40
10.1 Alteration to Shorelines and Watercourses Policies ..........................40
Appendices
Figures
A - Definitions ..........................................................................42
B – Flood Proofing Guidelines ................................................49
C – Ontario Regulation 165/06 ................................................52
D – Conservation Authorities Act R.S.O. 1990 ........................58
1 – Mattagami Region Watershed Area .............................................2
2 – Hierarchy of Legislation and Policies ...........................................4
3 – Regulation Mapping .....................................................................11
4 - One–Zone Policy Areas ...............................................................12
5 – Two-Zone Policy Areas ................................................................12
6 – Riverside Drive Conditional Development Zone ..........................13
7 – Bristol Road Conditional Development Zone ...............................13
8 - Location of 1 in 100 Year Flood, Flood Fringe and Fill Lines ........24
9 – Condition One – Apparent River With Stable Valley Slopes ........25
10 – Condition Two – Apparent River With Unstable Toe of Slope....26
11 – Condition Three – Apparent Valley With Active Toe Erosion .....26
12 – Riverine Erosion Hazard – No Apparent Valley .........................30
13 – Inland Lake – Dynamic Shoreline Flooding ................................35
14 – Inland Lake – Dynamic Shoreline Erosion Hazard .....................36
15 – Inland Lake – Dynamic Beach Hazard .......................................36
ii
PART B -
Policies And Procedures For Compliance With The
Development, Interference With Wetlands and
Alteration To Shorelines And Watercourses Regulation .............88
1.0
Approval Process .......................................................................................89
1.1
Consideration of Applications ............................................................89
1.2
Other Considerations .........................................................................90
1.3
Required Information and Administrative Fees ..................................90
1.4
Agreement On Title ............................................................................91
2.0
Violations ................................................................................................92
2.1
Access To Private Property ...............................................................92
3.0
General Policies..........................................................................................93
4.0
Procedures ................................................................................................94
Appendices
A - Fee Schedule ....................................................................96
iii
MATTAGAMI REGION CONSERVATION AUTHORITY
ONTARIO REGULATION 165/06
PART A
POLICIES FOR THE ADMINISTRATION OF THE
DEVELOPMENT, INTERFERENCE WITH WETLANDS AND
ALTERATION TO SHORELINES AND WATERCOURSES
REGULATION
Effective March 1, 2014
Amendments
This Regulation Policies document has been prepared under the direction of the
Board of Directors of the Mattagami Region Conservation Authority (MRCA) to provide
clarification and consistency in the implementation of Ontario Regulation 165/06, the
MRCA’s Development, Interference With Wetlands and Alteration to Shorelines and
Watercourse Regulation, adopted pursuant to Section 28 of the Conservation
Authorities Act of Ontario.
-1-
1.0
BACKGROUND TO THE REGULATION
Conservation Authorities across Ontario work in partnership with their member
municipalities to deliver a comprehensive program of water and related land
management over their watershed areas. The key mandates of this program are to
prevent the loss of life and property due to flooding and erosion, and to conserve,
protect and enhance natural resources. Ontario Regulation 165/06, the Development,
Interference with Wetlands and Alteration to Shorelines and Watercourses, is one of the
key tools used by the Mattagami Region Conservation Authority to prevent or restrict
development in areas where the control of flooding, erosion, dynamic beaches, pollution
or the conservation of land may be affected by development, in order to prevent the
creation of new hazards or the aggravation of existing ones. This Regulation, which is
enabled through Section 28 of the Conservation Authorities Act, is used in conjunction
with other provincial acts and related regulations, including but not limited to the
Planning Act, the Building Code and the Lakes and Rivers Improvement Act, to deal
with development associated with our water resources. Although an approval may be
granted by the Conservation Authority under this Regulation, it does not take
precedence over other legislation. As such, applicants must still comply with all other
applicable legislative regulations and requirements.
1.1
History of the Mattagami Region Conservation Authority
The Mattagami Region Conservation
Authority (MRCA) was first established as the
Mattagami Valley Conservation Authority by OrderIn-Council on November 30, 1961 following serious
flooding on the Mattagami River in 1960 and Town
Creek in 1961. Upon amalgamation of the City of
Timmins in 1974, the Conservation Authority was
enlarged through Order-In-Council 322/74 to
incorporate the entire Upper Mattagami River
Watershed upstream of Jocko Creek to the Height
of Land as well as a portion of the Abitibi River
Watershed. This enlargement not only extended
the jurisdiction of the Conservation Authority over
the entire City of Timmins, but made it the largest
Conservation Authority in total area in the Province
at 11,060 square kilometers.
Since its
establishment the MRCA has undertaken a
comprehensive program of water and land
management that has included land acquisition,
infrastructure construction, maintenance, flood
forecast and warning, and land use regulation.
Figure 1: Mattagami Region Watershed Area
-2-
1.2
The Conservation Authorities Act
The Conservation Authorities Act, under Section 28 regulation, enables
Conservation Authorities to:

prohibit, regulate or provide permission for straightening, changing, diverting or
interfering in any way with the existing channel of a river, creek, stream,
watercourse or changing or interfering with a wetland,

prohibit, regulate or provide permission for development if the control of flooding,
erosion, dynamic beaches, pollution or the conservation of land may be affected
by the development.
Since its inception, the Mattagami Region Conservation Authority has used
Section 28 Regulations to meet its water and land management objectives. This
particular Regulation, Ontario Regulation 165/06, was approved and implemented in
response to the Province’s Red Tape Reductions Act of the late 1990’s. The Mattagami
Region Conservation Authority approved this Regulation on January 25, 2006, which
was subsequently approved by His Honour, the Lieutenant Governor in Council on May
4, 2006. It replaces Ontario Regulation 611/86, the former Fill, Construction and
Alteration to Waterways Regulation. The new Regulation is designed to streamline the
review and approval process and provide consistency to watershed management
across the Province. It brings changes to what and where the Conservation Authority
can regulate and includes a broader definition for identifying flood and erosion
susceptible areas. It also empowers the Conservation Authority to regulate Provincially
significant wetlands.
This Regulation recognizes the intent of the Provincial Policy Statement (PPS)
2005, which provides policy direction on matters of provincial interest related to land use
planning and development. Section 3 of the PPS provides guidance on planning
matters related to Natural Hazards and Natural Heritage and states that development
shall generally be directed to areas outside hazardous lands adjacent to river and lake
systems which are impacted by flooding and erosion hazards. It also restricts
development from occurring in certain wetland areas. The policies, guidelines and
procedures contained within this document have been developed with the aim of being
“consistent with” the Provincial Policy Statement.
Since the Conservation Authorities Act does not contain a subsection that
specifically “binds the Crown”, activities of Provincial Ministries, Federal Departments
and Crown Agencies or “Crown Corporations”, are not bound by the Act. As such,
these entities are not legally required to obtain permission under the Conservation
Authorities Act. However, voluntary compliance with the technical review process is
encouraged with the Crown and its Agencies.
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1.3
Land Use Planning and Management Policies
In addition to its delegated resource management responsibilities under the
Conservation Authorities Act, the MRCA is required to provide plan input and review
under a variety of municipal and provincial planning legislation including the Planning
Act (severances, minor variances, etc.), the Environmental Assessment Act and the
Fisheries Act. As such, the Conservation Authority will be guided by the following
principles when reviewing and commenting on various development proposals.

Ensure conformity with the Provincial Policy Statement and other provincial
plans.

Recognize and consider the potential impacts on floodways, hazardous lands
and hazardous sites.

Recognize and consider the potential impacts to water resources including
surface and ground water features and their hydrologic function.

Ensure the proposal incorporates the principles of integrated watershed
management and best management practices.
Figure 2: Hierarchy of Legislation and Policies
1.4
Other Legislation for Works In or Near Water
Approvals under Section 28 do not exempt the applicant from complying with
other laws and statutes that may affect the property. The MRCA will ensure that the
review process includes notification of the proposed works to the Department of
Fisheries and Oceans (Fisheries Act), the Ministry of Natural Resources (Public Lands
Act and Lakes and Rivers Improvement Act), the Ministry of the Environment
(Environmental Assessment Act), and the City of Timmins (Planning Act).
-4-
2.0
SECTION 28 POLICY OBJECTIVES
The following Policy Objectives have been used by the MRCA in guiding the
development of its Policy, Guidelines and Procedures for the administration of Ontario
Regulation 165/06, its Development, Interference With Wetlands and Alterations to
Shorelines and Watercourses Regulation.

To prevent loss of life, minimize property damage and social disruption, and
avoid public and private expenditure for emergency operations, evacuation,
disaster relief and restoration due to natural hazards including flooding and
erosion.

To prohibit development which, singularly or cumulatively, may restrict riverine
channel capacities to pass flood flows, reduce storage capacity in floodplains and
wetlands resulting in increased flood levels, and create potential danger to
upstream and downstream landowners.

To prohibit development of flood and erosion susceptible river or stream valleys
and shorelines which may increase hazard risk, create new hazards or aggravate
existing hazards that would in future years require expensive protection
measures.

To prevent interference with the hydrologic functions of wetlands throughout the
watershed.

To avoid the degradation and loss of significant natural features and hydrologic
and ecological functions in river and stream valleys, wetlands, shorelines and
hazardous lands, and promote restoration and enhancement, wherever possible.

To prevent pollution of surface and ground waters associated with development
in river or stream valleys, wetlands, shorelines and hazardous lands.

To reduce potential nuisances associated with development by limiting the
potential for floating objects and debris during flood events.
2.1
Section 28 Policy Intent
The policies and guidelines contained in this document will guide the MRCA in
making decisions regarding the outcome of all applications made under Ontario
Regulation 165/06. This will ensure a consistent, timely and fair approach to the review
of applications, staff recommendations and MRCA decisions.
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3.0
3.1
Areas Regulated By Ontario Regulation 165/06
Ontario Regulation 165/06 applies to certain natural features on the landscape
where if development were permitted to occur, such development could result in a
hazard or interfere with the feature’s hydrologic function. These landscape features
include river or stream valleys, shorelines of inland lakes, hazardous lands and
wetlands. The regulated area represents the greatest extent of the combined hazards
plus a prescribed allowance as set out in the Regulation. Although some of these areas
have been mapped according to the criteria and standards approved by the Ministry of
Natural Resources and Conservation Ontario, not all areas regulated by this Regulation
have been mapped. It should be noted that it is not necessary to map a feature before
it can be regulated since the legal basis for defining regulated areas remains with the
written text.
This Regulation applies to hazardous lands, wetlands and shorelines and
watercourses.

Hazardous Land means lands that could be unsafe for development because of
naturally occurring processes associated with flooding, erosion, dynamic
beaches or unstable soil or bedrock.

Wetlands are lands that:
o are seasonally or permanently covered by shallow water or has a water
table close to or at its surface,
o directly contribute to the hydrological function of a watershed through
connection with a surface watercourse,
o has hydric soils, the formation of which has been caused by the presence
of abundant water, and
o has vegetation dominated by hydrophytic plants or water tolerant plants,
the dominance of which has been favoured by the presence of abundant
water.
Wetlands do not include periodically soaked or wet land that is used for
agricultural purposes and no longer exhibits a wetland characteristic.

Shorelines and Watercourses applies to all watercourses or parts of
watercourses, including lake shorelines, within the Mattagami Region watershed.
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3.2
Activities Regulated by Ontario Regulation 165/06
Ontario Regulation 165/06 gives the Conservation Authority the mandate to
prohibit or regulate development for all Regulated Lands in the Mattagami Watershed.
Development is defined as:

the construction, reconstruction, erection or placing of a building or structure of
any kind, as defined under the Ontario Building Code, and including retaining
walls, docks and pools,

any change to a building or structure that would have the effect of altering the
use or potential use of the building or structure, increasing the size of the building
or structure or increasing the number of dwelling units in the building or structure,

site grading, or

the temporary or permanent placing, dumping or removal of any material,
originating on the site or elsewhere.
The Regulation also gives the authority to prohibit or regulate alterations which
would result in the straightening, changing, diverting or interfering in any way with the
existing channel of a river, creek, stream, watercourse or changing or interfering in any
way with a wetland.
3.3
Activities Deemed To Have Permission by Approval of
These Policies
With the exception of activities in wetlands, the MRCA will generally not require
permission for activities that are considered not to have measurable impacts. These
activities include but are not limited to:

non-habitable accessory buildings associated with existing residential uses less
than 10 square meters (108 square feet), (The Authority encourages that a
minimum 7.5 meter setback from the top of slope or the toe of a valley slope
and/or a 15 meter setback from the channel bank of any watercourse is
maintained.),

maintenance and upkeep of existing buildings and structures which do not
change the existing footprint (e.g. replacement of windows, siding, roofs, stairs,
etc.),

fencing which is considered not to aggravate potential flood or erosion hazards,
(This does not include stone or concrete walls)
-7-

unenclosed decks and patios associated with existing uses,

replacement of existing service connections (e.g. telephone, water, sewer),

seasonal or floating docks that do not require permanent structures to support
them and that can be moved in the event of flooding,

non-structural agricultural uses such as cropping and pasturing,

minor works such as landscaping or grading (excavation or filling) in an area of
less than 1 hectare (2.5 acres) to depth of less than 150 mm (6 inches) or a
volume of less than 10 cubic metres (13 cubic yards or one standard dump truck
load) provided that;
o a minimum setback of 7.5 metres (25 feet) from the top of slope and a
minimum setback of 15 metres (50 feet) from the channel bank of any
watercourse is maintained,
o the filled and re-graded area is immediately stabilized, and,
o the fill does not have an effect on Regulatory Flood elevations.

on-going maintenance to stormwater management facilities that would not affect
the control of flooding, erosion, pollution or the conservation of land,

other non-structural uses such as gardens,
management areas and recreational areas.

alteration of a watercourse with an upstream drainage area of 125 hectares (310
acres) or less, and

other minor development activities that, based on the size and scale of the
proposal and the specific site conditions, the MRCA determines will not result in
a negative impact to flood, erosion or the conservation of land.
nurseries,
forestry/wildlife
Any development that occurs in a regulated area requires the permission of the
MRCA. Each application will be evaluated on its own merits, on a case-by-case basis
and consistent with the policies outlined in the following sections. Development that
occurs without the permission of the MRCA is in violation of the Conservation
Authorities Act. (See Part B - Policies and Procedures for Compliance With the
Development, Interference With Wetlands and Alteration to Shorelines and
Watercourses Regulation)
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4.0
POLICIES TO PROHIBIT OR REGULATE DEVELOPMENT
4.1
Background – What Are Hazardous Lands
Hazardous land is defined as land that could be unsafe for development because
of naturally-occurring processes associated with flooding, erosion, dynamic beaches or
unstable soil or bedrock. Other hazardous lands could include organic soils and
unstable bedrock. Any development within hazardous land requires permission from
the MRCA.
4.1.1 Prohibited Uses
Development, Interference or Alteration within a Regulated Area will not be
permitted except in accordance with the Policies in Sections 5 to 9. In addition, this will
also include any development where the use is:

associated with the disposal, manufacture, treatment, transfer or storage of
hazardous substances where their release may pose an unacceptable threat to
public safety,

an institutional use associated with hospitals, nursing homes, pre-school
nurseries, day care or schools, where there is a threat to the safe evacuation of
the sick, the elderly, persons with disabilities or the young,

associated with essential services such as those provided by fire, police and
ambulance stations and electrical substations that may be impaired during an
emergency, and

associated with the temporary or permanent outdoor storage of any materials.
4.1.2 Permitted Uses
Development, Interference or Alteration within a Regulated Area may be
permitted where it can be demonstrated through appropriate technical studies and/or
assessments, site plans and/or other plans as required by the MRCA that:

the risk to public safety is not increased,

susceptibility to natural hazards is not increased or new hazards created,

there are no adverse hydraulic or fluvial impacts on rivers or watercourses,

there are no adverse impacts on natural shoreline processes,
-9-

the placing and removing of fill is minimized and maintains stage-storage
discharge relationships and flood plain flow regimes for a range of rainfall events,

there are no negative or adverse hydrologic impacts on wetlands,

pollution, sedimentation and erosion during and after construction is minimized
using best management practices including site, landscape, infrastructure and/or
facility design, construction controls, and appropriate remedial measures,

intrusions on significant natural features or hydrologic or ecological functions are
avoided, and no adverse impacts to significant natural features or hydrologic or
ecological functions will occur,

groundwater discharge areas which support significant natural features or
hydrologic or ecological functions on-site and adjacent to the site are avoided,

groundwater recharge areas which support significant natural features or
hydrologic or ecological functions on-site and adjacent to the site are maintained
or enhanced,

access for emergency works and maintenance of flood or erosion control works
is available, and

the control of flooding, erosion, dynamic beaches, pollution or the conservation of
land is not adversely affected during and post development.
Notwithstanding the above, Development, Interference or Alteration in a
Regulated Area may be permitted subject to the supplementary policies or the standalone policies as specified in Sections 5 to 9 and out outlined in Appendix B.
4.1.3 Safe Access - Consideration of Ingress/Egress
The ability for the public and emergency operations personnel to access safely a
property during a flooding or erosion event is paramount and therefore a key
consideration in the review of a development application under this Policy and
Guideline. Ingress and egress should be “safe” pursuant to Provincial Flood Proofing
Guidelines (MNR 2002). Safety risks are a function of both the occupancy of the
structure and the available access routes during an emergency. (See Appendix B-2)
According to the Provincial Flood Proofing Guidelines the maximum acceptable
depth for access by a vehicle or by a pedestrian is 0.3 metres (1 foot) with an
acceptable flow velocity of 1.7 metres per second. For an existing lot of record, the
standard changes to a maximum depth of 0.8 metres (2 feet) with a maximum velocity
of 0.5 metres per second.
- 10 -
5.0
RIVERINE FLOODING HAZARDS
Flooding typically occurs during the spring melt from late April to early June or
throughout the summer months as a result of extreme rainfall events. Generally, the
larger river systems such as the Mattagami River and the Porcupine River are
susceptible to spring flooding while the smaller watercourses such as Town Creek and
Crawford Creek pose a hazard during intense, short duration rainfall events. Flooding is
also associated with channel icing and beaver dams.
For the Mattagami Region watershed, the riverine flooding hazard is based on
the greater of the Timmins Storm event or the 1 in 100 Year Return Period Flood. The
flood produced through these calculations is called the Regulatory Flood, the limits of
which define the extent of the Riverine Flooding Hazard.
Mapping of the riverine
hazard within the City of Timmins
was originally undertaken in 1974
by M. M. Dillon who mapped out
the main flood centres throughout
the watershed including the
Mattagami River, the Mountjoy
River, Kraft Creek, Town Creek,
Kamiskotia Lake, Porcupine Lake
and River and Pearl Lake.
Figure 3: Regulation Mapping
5.1
One-Zone and Two-Zone Areas
The MRCA has implemented both a One-Zone Policy Area and a Two-Zone
Policy Area as per the Provincial Technical Guidelines. In a One-Zone Policy Area the
entire Regulatory Floodplain is considered the floodway. A Two-Zone Policy Area
however consists of both a floodway and a flood fringe. The flood fringe is that portion
of the flood plain between the 1960 Historical Flood Line and the Regulatory Flood Line.
The Mattagami River between Sandy Falls and the Ogden Township line is the only
watercourse to which the Two-Zone Policy applies.
For the Mattagami River, the Regulatory Flood Line is defined by the water
elevation of the 1960 Mattagami River flood plus a freeboard allowance of .5 metres
(1.65 feet) or the water elevation generated at Sandy Falls by a flow of 807 cubic
metres per second (cms) or 28,500 cubic feet per second (cfs). The floodway is defined
by the 1960 Historical Flood Line which is the water elevation generated by a flow of
681 cms (24,000 cfs) at Sandy Falls. For all other watercourses, the Regulatory Flood
Line is defined by either the Timmins Storm event or the 1 in 100 Year Return Period
Flood.
- 11 -
5.2
Conditional Development Zones (CDZs)
In addition to these One-Zone and Two-Zone Policy Areas, the MRCA has
identified two Conditional Development Zones (CDZ) which are generally treated as
Flood Fringe areas. These CDZs are located on the Mattagami River and on Porcupine
Lake and fall under the policies listed in Section 5.3.10 - Exceptions.
Figure 4: In a One-Zone Policy Area the entire Flood Plain as defined by the Regulatory Flood
is considered the Floodway and as such delimits the area where development is prohibited or
restricted.
Figure 5: In a Two-Zone Policy Area the Flood Plain is divided into the Floodway, as defined by
the 1960 flood, and the Flood Fringe. It is in the Flood Fringe where conditional development
may occur.
- 12 -
CONDITIONAL DEVELOPMENT ZONES
Conditional Development Zones have been established for both Riverside Drive
and Bristol Road. The Riverside Drive CDZ includes the south side between Shirley
Street and Girouard Road for a distance of 82 metres (270 feet) from the front lot line
and the north side between Clifford Street and Joseph Street. The Bristol Road CDZ is
that area between Bannerman Street and Florence Street.
Figure 6: Riverside Drive Conditional Development Zone
Figure 7: Bristol Road Conditional Development Zone
- 13 -
5.3
Policies for One-Zone Policy Areas
The following policies apply to development proposed in a One-Zone Policy Area
subject to a Riverine Flooding Hazard.
Development will not be permitted within the Riverine Flooding Hazard except in
accordance with the policies listed in Section 3.3 and those listed within Sections 5.3.1
to 5.3.10. These policies are supplemented with information in Appendix B – Flood
Proofing Guidelines.
5.3.1 Existing Uses
Development associated with existing uses located within a Riverine Flooding
Hazard may be permitted where it can be demonstrated that:





there is no feasible alternative site outside the Riverine Flooding Hazard,
the site is not subject to frequent flooding,
ingress and egress is “dry” where this standard can be practically achieved, or
flood-proofed to an elevation which is practical and feasible, but no less than
“safe”, (See Section 4.1.3 – Safe Access)
flood-proofing is undertaken to the extent practical, where flood-proofing to the
elevation of the Regulatory Flood is not technically feasible, and
there is no risk of structural failure due to potential hydrostatic/dynamic pressures
5.3.2 Residential
Ground Floor Additions to an existing residential structure may be permitted
where it can be demonstrated that:






the addition is 50 per cent or less of the original habitable ground floor area to a
maximum footprint of 46.5 m2 (500 ft2) or in the case of multiple additions, all
additions combined are equal to or less than 50 per cent of the original habitable
ground floor area to a maximum footprint of 46.5 m2 (500 ft2),
the number of dwelling units is the same,
all habitable floor space as well as any attached garage has a finished floor
elevation that is a minimum .3 meters (1 foot) above the Regulatory Flood
Elevation,
there is no basement for any addition and any crawl space is non-habitable,
designed to facilitate services only, and is no greater than 120 cms (48 inches) in
height, and
the addition will not be subject to flows that could cause structural damage.
a site plan is submitted by a qualified professional showing elevations of existing
and proposed grades and lowest openings of existing and proposed structures.
- 14 -
The 50 per cent addition guideline is applicable only once to any given property
and will be based on all previous approvals issued by the Conservation Authority.
Additional Stories may be permitted where it can be demonstrated that the
number of dwelling units is the same.
Replacement of residential structures damaged or destroyed by causes other
than flooding may be permitted provided that:






the structure to be replaced is relocated outside the Riverine Flooding Hazard or
where this is not feasible the structure is relocated to an area where the risk of
flooding and property damage is reduced to the greatest extent possible,
the new structure is the same size or larger to a maximum of 50 per cent of the
original habitable ground floor area to a maximum footprint of 46.5 m2 (500 ft2),
the foundation of the structure is of a “slab on grade” design with no basement or
crawl space and with a minimum elevation of .3 meters (1 foot) above the
Regulatory Flood Elevation,
ingress and egress is “dry” where this standard can be practically achieved, (See
Section 4.1.3), and
there is no risk of structural failure due to potential hydrostatic/dynamic
pressures.
and will be based on all previous approvals issued by the Conservation Authority. The
replacement or reconstruction of those structures substantially damaged or destroyed
by natural flooding will be considered as new construction and the corresponding
policies for new buildings shall apply.
Relocation of existing residential structures may be permitted provided that the
risk of flooding and property damage is reduced to the greatest extent wherever
possible, through the relocation.
Non-Habitable Accessory Structures that are associated with an existing
residential/seasonal use including detached garages, tool sheds, on-shore boathouses,
etc., may be permitted provided that:





the structure is located as far away from the shoreline as possible where flood
flows are reduced, or if available, on non-flooding lands on the same land parcel,
the structure is used for purposes of storage, horticulture or other uses which
complement the residential nature of the property,
the accessory structure is larger than 9.3 m2 (100 ft2) but less than 58 m2 (600 ft2)
in size,
only one accessory structure shall be allowed per residential dwelling,
the structure is securely anchored to either a concrete pad or footings, such that
it does not become a floating hazard during times of high water,
- 15 -




flood-proofing measures are undertaken to the greatest extent that is practical,
where dry floodproofing cannot be achieved, wet floodproofing will be undertaken
in accordance with floodproofing standards,
there is no habitable floor space associated with the structure, and
there no is opportunity for conversion into habitable floor space in the future.
Above or Below Ground Swimming Pools will not be permitted in the
floodway.
Portable (Mobile) Structures will not be permitted in the floodway with the
exception of those activities listed in Section 5.3.10 – Exceptions.
Single Lots of Record, will be permitted to be developed within a flood hazard
zone provided that:






there is no feasible alternative site outside the flooding hazard,
the site is not subject to frequent flooding,
a balanced cut and fill can be implemented to provide a suitable building
envelope outside the hazard,
safe access is present,
the dwelling is flood proofed to 0.3 metres above the Regulatory Flood Elevation,
no basement is proposed and any crawl space is for services only.
New multiple residential development will not be permitted within a flooding
hazard regardless of previous approvals provided under the Planning Act.
5.3.3 Rural Residential
Non-Habitable Accessory Structures associated with an existing rural
residential structure may be permitted in accordance with the policies set out in Section
5.3.2 - Residential and where it can be demonstrated that the structure is greater than
9.3 m2 (100 ft2) but less than 58 m2 (600 ft2) .
5.3.4 Commercial/Industrial/Institutional
Additions and Non-Habitable Accessory Structures may be permitted in
accordance with the policies set out in Section 5.3.2 - Residential for these specific
development activities and where it can be demonstrated that the structure is greater
than 9.3 m2 (100 ft2) but less than 58 m2 (600 ft2). As well, it must be demonstrated that
the cumulative impact of multiple accessory structures on the subject property is
negligible.
- 16 -
Parking Lots associated with non-residential uses located wholly or partially
within the Riverine Flooding Hazard may be permitted and where it can be
demonstrated that the risk to property damage is minimized through site design and the
implementation of flood emergency plans. This includes the ability to provide sufficient
flood warning so that all vehicles can be quickly and safely removed to non-flooding
lands when required to do so. As such, parking lots would not be permitted on the
smaller watercourses like Town Creek and Crawford Creek.
5.3.5 Renovation/Conversion of Use
Renovation or Conversion of an existing residential use to a commercial or
industrial use will generally be permitted. In order to restrict the creation of new
dwelling units, the conversion of a structure from a non-residential use to residential will
not be permitted.
5.3.6 Stormwater Management
Stormwater Management Facilities may be permitted within the Riverine
Flooding Hazard but outside of the riparian zone or effective flow area, whichever is
greatest, in accordance with the policies in Section 4.1.2 – General Policies – Permitted
Uses, provided that there is no feasible alternative site outside the Riverine Flooding
Hazard and where it can be demonstrated that:



there is no loss of flood storage,
natural erosion and sedimentation processes within the receiving watercourse
are not impacted, and
where unavoidable, intrusions on significant natural features and hydrologic and
ecological functions are minimized and that best management practices for site
and infrastructure design have been incorporated.
5.3.7 Public Infrastructure
Public Infrastructure including but not limited to roads, sanitary sewers, utilities,
water and sewage treatment plants, water supply wells and pipelines may be permitted
in accordance with the policies in Section 4.1.2 – General Policies – Permitted Uses,
provided that there is no feasible alternative site outside the Riverine Flooding Hazard
as determined by studies provided by the proponent, and where it can be demonstrated
that:


adverse hydraulic or fluvial impacts are limited and any risk of flood damage to
upstream or downstream properties is not increased or minimized through site
design,
there is no loss of flood storage wherever possible, and
- 17 -

and infrastructure design have been incorporated.
5.3.8 Recreational Uses
General Recreational Uses such as passive parks, trails, seasonal
campgrounds, river access points and other uses deemed appropriate by the MRCA
may be permitted in accordance with the policies in Section 4.1.2 – General Policies –
Permitted Uses, and Section 5.3.10 – Exceptions, and where it can be demonstrated
that:
 there is no feasible alternative site outside the Riverine Flooding Hazard,
 there is no loss of flood storage,
 where unavoidable, intrusions on significant natural features and hydrologic and
and infrastructure design have been incorporated,
 the risk to property damage is minimized through site and facility design and
flood emergency plans, and
 where dry floodproofing cannot be achieved, wet floodproofing will be undertaken
in accordance with the floodproofing standards identified in Appendix B.
Marinas and Permanent Docks may be permitted in accordance with the
policies in Section 4.1.2 – General Policies – Permitted Uses, and where it can be
demonstrated that:






there is no measurable loss of flood storage,
and infrastructure design have been incorporated,
facilities are designed to take advantage of existing impacted or open space
areas on the channel bank, wherever possible,
the risk to property damage is minimized through site and facility design and
flood emergency plans,
there is no habitable floor space associated with any of the structures, and,
where dry floodproofing cannot be achieved, wet floodproofing will be undertaken
in accordance with the floodproofing standards identified in Appendix B.
Golf Courses or Golf Course Expansions may be permitted in accordance
with the policies in Section 4.1.2 – General Policies – Permitted Uses, and where it
can be demonstrated that:


all associated permanent, closed structures including clubhouses, washrooms
with septic systems and maintenance buildings are located outside of the
Riverine Flooding Hazard,
there is no loss of flood storage,
- 18 -


the risk of property damage is minimized through site and facility design and
flood emergency plans, and
the risk of pollution from the application of fertilizers and pesticides or other
organic compounds is minimized and addressed in a turf management plan.
5.3.9 Agricultural Uses
Additions to existing agricultural buildings or structures may be permitted in
accordance with the policies in Section 5.3.1 - Policies for One-Zone Policy Areas –
Existing Uses, and where it can be demonstrated that:



the addition is 50 per cent or less of the original ground floor area of the structure
or in the case of multiple additions, all additions combined are equal to or less
than 50 per cent of the original ground floor area of the structure,
no basement is proposed and any crawl space is designed to facilitate services
only, and,
a site plan has been submitted by a qualified professional showing elevations of
existing and proposed grades and lowest openings of existing and proposed
structures.
Accessory Structures associated with agricultural uses may be permitted in
accordance with the policies in Section 5.3.1 - Policies for One-Zone Policy Areas –
Existing Uses, and where it can be demonstrated that:






the structure is located as far as away from the river shoreline as possible where
flood flows are reduced, or if available, on non-flooding lands on the same lot or
parcel of land,
electrical, mechanical and heating services are located above the level of the
Regulatory Flood, wherever possible,
in size,
the cumulative impact of multiple accessory structures on the subject property is
negligible,
the structure has no basement and is securely anchored such that it does not
become a floating hazard during times of high water,
flood-proofing is undertaken to the greatest extent that is practical, and
Replacement of agricultural structures greater than 100 m2 (1076 ft2) damaged
or destroyed by causes other than flooding may be permitted in accordance with the
policies in Section 4.1.2 – General Policies – Permitted Uses, and where it can be
demonstrated that:

the structure to be replaced is relocated outside the Riverine Flooding Hazard or
where this is not feasible, the structure is relocated to an area within the existing
- 19 -





lot where the risk of flooding and property damage is reduced to the greatest
extent possible, wherever possible,
original habitable ground floor area,
the structure is flood-proofed to an elevation of .3 meters (1 foot) above the
the structure is of a “slab on grade” design with no basement or crawl space,
ingress and egress is “dry” where this standard can be practically achieved, (See
Section 4.1.3 – Safe Access) and
there is no risk of structural failure due to potential hydrostatic/dynamic
pressures.
and will be based on all previous approvals issued by the Conservation Authority. The
replacement or reconstruction of those structures substantially damaged or destroyed
by natural flooding will be considered as new construction and the corresponding
policies for new buildings shall apply.
Relocation of existing agricultural structures greater than 100 m2 (1076 ft2) may
be permitted in accordance with the policies in Section 5.3.1 - Policies for One-Zone
Policy Areas, provided that the risk of flooding and property damage is reduced to the
greatest extent wherever possible through relocation.
5.3.10 Exceptions

Development may be permitted in a Conditional Development Zone (CDZ) (See
Section 5.2 – Conditional Development Zones) that is located within the Riverine
Flooding Hazard provided that:
o the building is of a “slab on grade” design with no basement/crawl space,
o the slab is constructed at a minimum finished elevation of .3 metres (1
foot) above the Regulatory Flood Elevation,
o ingress and egress to the building site is “dry” where this standard can be
practically achieved. (See Section 4.1.3 – Safe Access),
o for the Bristol Road CDZ, any fill apron around the foundation of the
building can extend to a maximum of 4.5 metres (15 feet) into the Riverine
Flooding Hazard. This apron must be graded up to at least the Regulatory
Flood Elevation and be graded away from the foundation slab, and
o for the Riverside Drive CDZ, any new structure and the fill required for the
development must be located as closely as possible to non-flooding lands.

Development of certain temporary (seasonal) water-based commercial uses
including campgrounds and water-based rental businesses may be permitted in
the Riverine Flooding Zone provided that:
- 20 -
o there is no feasible alternative site outside the Riverine Flooding Hazard,
o there is no loss of flood storage,
o where unavoidable, intrusions on significant natural features and
hydrologic/ecological functions are minimized and that best management
practices for site and infrastructure design have been incorporated,
o the risk to property damage is minimized through site and facility design,
the development of a flood emergency plan, and the removal of all
temporary structures when there is a risk of flooding, and
o a site development agreement addressing annual start and finish dates of
occupation, site and facility design and permitted uses be entered into with
the Conservation Authority and the City of Timmins and placed on title, the
costs of which will be borne by the applicant.
5.4
Policies for Fill Placement, Excavation and Grading
The placement, excavation and grading of fill is generally not permitted within the
One-Zone flood plain or the Floodway of a watercourse. However, where it is permitted
by other policies in this document including but not restricted to minor landscaping, road
maintenance or flood proofing structures, the following conditions apply. Filling
activities include excavations, stockpiling, site grading, installation of sewage disposal
systems and other grade altering activities.

Fill placement may be considered on flood plain lands only if flood plain storage
volume impacts are addressed and upstream and downstream water levels
and/or flow velocities related to increased flood risk or damage are unaffected.
An acceptable hydraulic analysis may be required, at the discretion of the
Authority, to ensure that these matters have been addressed.

Fill placement, excavation and lot grading activities must not adversely affect the
flood and/or erosion susceptibility of buildings or properties located at the fill site,
or upstream or downstream of the fill site.

Controls will be required to ensure that sediment transport from the fill site into
adjacent watercourse, wetlands and other water bodies shall not occur. These
controls must be in place before and during construction and until the site is
permanently stabilized.

For regulated areas in which permanent fill placement, fill excavation or lot
grading activities could result in slope instability, geotechnical analysis may be
required at the landowner/applicant’s expense.

Permitted fill placement, excavation and lot grading activities may be seasonally
restricted and subject to a specified time frame. Only clean fill may be placed.
- 21 -

Upon completion of a permitted fill placement, excavation and lot grading
activities, the landowner/applicant may be required to submit a plan to the MRCA
showing that finished grades are in accordance with the grading plan approved
by the Authority. This plan shall be prepared and certified by a professional
Engineer or Ontario Land Surveyor and must be referenced to geodetic datum.
This submission must be received within 30 days following completion of the fill
operation.

Fill placement, excavation and lot grading activities will not be permitted where it
may result in pollution and/or adversely affect conservation of land.

The MRCA may waive any of the above requirements where there will clearly be
no detrimental effects on the control of flooding, pollution or the conservation of
land.

Fill placement, excavation and lot grading activities for septic systems must be
limited to the required area and depths as specified by the approving agency
under Part 8 of the Ontario Building Code.

Under certain circumstances an incrementally balanced cut and fill operation may
be considered in situations where:
o the loss of flood plain storage volume within the 1 in 100 year flood plain
which will result from the placement of fill shall be fully compensated for by
an incrementally balanced cut (or excavation) to be carried out in close
proximity to and concurrently with the placement of the fill,
o the area of the proposed cut or fill zones will be equal to one another,
o safe access is available, and
o the resulting development meets all flood proofing requirements contained
in the policies in this document.
5.5
Policies for Two-Zone Policy Areas
The following policies apply to development proposed in a Two-Zone Policy Area
subject to a Riverine Flooding Hazard. A Two-Zone Area applies only to the Mattagami
River and consists of both the Floodway and the Flood Fringe. The Flood Fringe refers
to that area between the highest recorded flood (1960) and the Regulatory Flood Line.
The Flood Fringe defines the area where development may be permitted subject to
appropriate flood-proofing.
The following policies apply only to the Flood Fringe portion of the flood plain
where the Two-Zone Area is applied.
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5.5.1 No Development
Development in the floodway of a Two-Zone Policy Area will not be permitted
except in accordance with the policies in Sections 5.3.6 to 5.3.8. Within the Flood
Fringe Zone itself, institutional uses such as hospitals, nursing homes and senior citizen
units, essential services centres such as police, fire and ambulance stations and
development associated with substances of a chemical, hazardous or toxic nature, will
not be permitted.
5.5.2 Structures
Structures associated with residential, commercial, recreational or industrial uses
may be permitted within the flood fringe of a Two-Zone Policy Area provided that:

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


the site is prepared as per the conditions set out in Section 5.5.3,
non-flooding ingress and egress is possible via a public road which is above the
the structure is flood-proofed to .3 meters (1 foot) above the Regulatory Flood
Elevation including the lowest opening in the foundation,
the basement is designed by a professional engineer that takes into account
openings in the foundation wall, location of utilities, sewer connections as well as
the effects of water infiltration and hydrostatic pressures,
any additions to existing structures located within the flood fringe will be required
to meet the same conditions as a new structure,
basements shall be used as non-habitable space as defined both in Appendix A
– Definitions in this Policy and by the City of Timmins, and
no below ground swimming pools will be permitted.
5.5.3 Relocation of Flood Line and Utilization of Flood Fringe Areas
Infilling and grading of the flood fringe zone will be permitted for development
provided that:




the works to be completed do not adversely affect stage storage, hydraulic
characteristics of the watercourse, or upstream and downstream flows and
elevations,
the direction of the grading is perpendicular to and in a direction away from the
river such that it does not adversely affect overbank flows or result in increases
to flood elevations or flow velocities,
the horizontal extension of the relocated Flood Fringe line into the Floodway is
minimized,
the total area of Flood Fringe land that may be developed is the same before and
after grading,
- 23 -

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


all graded slopes shall generally be a maximum of three horizontal to one
vertical. Any slope exceeding a 3:1 gradient shall be protected by erosion control
measures designed by a professional engineer and approved by the
Conservation Authority,
all Flood Fringe lands scheduled for development shall have a finished grade
elevation at the Regulatory Flood Elevation plus 0.3 m (1 ft.) or higher,
only those Flood Fringe lands located within the cross section of the Mattagami
River that is to be developed can be considered,
only clean fill that is free of rubble and debris may be imported to and placed
within the flood fringe zone, and
grading of on-site fill material to relocate a Flood Fringe line shall not result in the
creation of a pond or swamp.
Figure 8: Location of 1 in 100 Year Flood, Flood Fringe and Fill Lines
- 24 -
6.0
RIVERINE EROSION HAZARDS
Erosion is the process of soil loss due to human or natural processes. The
Riverine Erosion Hazard within river or stream valleys is that area of river bank and
lands adjacent to watercourses where erosion is actively occurring and/or where
development could create slope stability issues.
The Riverine Erosion Hazard applies to those portions of the valleyland system
that are both Apparent (confined) and Not Apparent (unconfined). The extent of the
hazard varies and is dependent on the type of soil, general slope stability, and whether
or not active erosion is occurring.
6.1
River Bank and Steep Slope General Policies – Apparent
Valley
An Apparent Valley system may consist of a river or stream valley where:
Condition One the slopes are stable
Condition Two - the slopes are unstable but the toe of slope is stable
Condition Three - the slopes are unstable and there is active toe erosion
As shown in the Figures below, the regulation limit of banks associated with
these types of watercourses is based on three components: an erosion allowance; a
stable slope limit; and a 15 metre allowance setback. Where the criteria for determining
the hazard limits are deemed insufficient or where the identified setbacks come into
question, a geotechnical slope evaluation by a Professional Engineer may be required,
at the landowner’s/applicant’s expense, for any new development in the vicinity of a
steep bank or slope.
Figure 9: Condition One - Apparent (Confined) River or Stream Valley Where
Valley Slopes Are Stable
- 25 -
Figure 10: Condition Two - Apparent (Confined) River or Stream Valley Where
Valley Slopes Are Unstable But Toe of Slope Is Stable
Figure 11: Condition Three - Apparent (Confined) River or Stream Valley
Where Valley Slopes Are Unstable With Active Toe Erosion
6.1.1 Development Within the 15 Metre Allowance
Development may be permitted within the 15 metre allowance, without the need
for a geotechnical assessment, subject to information and site plans being submitted
that demonstrates:
- 26 -







the development does not create or aggravate an erosion hazard,
the development is set back a sufficient distance from the stable top of bank to
avoid increases in loading forces on the top of slope,
the development does not prevent access to and along the top of the valley
slope,
the development does not change drainage or vegetation patterns that would
compromise slope stability or increase erosion of the slope face,
the potential for surficial erosion has been addressed through proper drainage,
erosion and sediment control and site stabilization/restoration plans,
natural features and/or ecological functions contributing to the conservation of
land are protected, pollution is prevented and flooding hazards have been
adequately addressed, and
if the above requirements cannot be met to the satisfaction of the Authority, it
may be a requirement that a geotechnical assessment by a qualified accredited
professional be carried out at the landowner’s cost. See Appendix F
To ensure that slope stability will not be compromised, standard mitigation
measures may be required as part of the submitted plans and/or as conditions of
approval. They may include:



measures to address potential drainage impacts,
requirements to ensure that access for emergency and maintenance purposes to
and along the top of slope is maintained, and
stabilization and/or sediment control measures to prevent surficial erosion.
Plans should be designed to maintain an access allowance along the stable top
of bank for emergency and maintenance access. This allowance should be 6 metres
from the stable top of slope as per Provincial Guidelines.
6.1.2 Development Within the Erosion Hazard
Development Not Permitted
Development will not be permitted within the erosion hazard of an Apparent river
valley including:

any uses associated with the disposal, manufacture, treatment, transfer or
storage of hazardous substances where their release may pose an unacceptable
threat to public safety,

any institutional use associated with hospitals, nursing homes, pre-school
nurseries, day care or schools, where there is a threat to the safe evacuation of
the sick, the elderly, persons with disabilities or the young, and
- 27 -

any uses associated with essential services such as those provided by fire,
police and ambulance stations and electrical substations that may be impaired
during an emergency.
Permitted Development
Development may be permitted within the erosion hazard if it has been
adequately demonstrated that the control of flooding, erosion, pollution or the
conservation of land will not be affected. This may include:






development associated with public parks that is of low impact,
minor development associated with existing uses as per the applicable policies
under the section including minor additions, replacement of structure, etc.,
minor removal and placement of fill and site grading,
stream bank, slope and valley stabilization to protect existing development or
conservation or restoration projects, subject to the activity being approved under
a satisfactory Environmental Assessment,
public infrastructure and various utilities subject to the activity being approved
under a satisfactory Environmental Assessment, and
the provisions of safe access are met.
New Buildings
No new buildings will be permitted within the erosion hazard of an Apparent river
or stream valley. If there is insufficient space for a new building outside the stable slope
limit, a minor encroachment may be permitted after the completion of a geotechnical
assessment has been carried out at the landowner’s expense by an accredited
professional. This new development must incorporate all structural and drainage
requirements contained in the assessment.
Additions to Existing Building
An addition to an existing building within the stable slope allowance but outside
of the toe erosion allowance may be permitted provided that:




the size of the minor addition does not exceed 50 % of the original gross floor
area or 50 square metres whichever is less,
the addition does not extend any further into the stable slope limit than the
existing building,
the addition does not extend into the toe erosion allowance, and
a geotechnical assessment completed by a qualified accredited professional has
been carried out at the landowner’s expense to confirm that the lot can be safely
developed.
- 28 -
Reconstruction/Replacement of an Existing Building
The reconstruction or replacement of a building within the erosion hazard of an
apparent river or stream valley may be permitted provided that it has not been damaged
or destroyed by erosion. It must also be demonstrated to the satisfaction of the
Conservation Authority that the control of flooding, erosion, pollution or conservation of
land will not be affected. The submitted plans should demonstrate that the new building
has been designed including the conditions that:





it cannot be relocated to an area outside the erosion hazard and if there is no
feasible alternative site that it is located in an area of lowest acceptable risk,
it will be protected from the erosion hazard through the incorporation of
appropriate building design,
the replacement does not encroach any closer to the stable top of bank than the
existing development at its closest point,
the replacement structure must be situated at least 6 metres from the top of bank
to provide for an erosion access allowance, and
a geotechnical study may be required at the expense of the landowner by a
qualified engineer to determine the location of the stable top of bank and to
determine if the proposed development will have a negative impact on slope
stability.
Sewage Disposal Systems
The replacement of a sewage disposal system may only be permitted within the
erosion hazard zone of an Apparent river or stream valley when it can be demonstrated
that:





there is no feasible alternative location outside of the erosion hazard,
the septic system does not extend into the toe erosion allowance and it is located
in the area of lowest risk,
a geotechnical assessment is completed to demonstrate that the development
activities will not aggravate the hazard and that the slope is stable enough to
support the development that is proposed,
the design of the system must incorporate all structural, landscaping and surface
drainage requirements that were recommended through the geotechnical
assessment, and
a new sewage disposal system shall not be permitted within the erosion hazard
of an Apparent river or stream valley.
Access, Driveways and Private Roads
The development of access roads and driveways to access non-hazardous lands
may be permitted within an erosion hazard zone provided that there is no viable
alternatives outside the regulated area and the provisions for safe access are
addressed. Depending on the site characteristics, a geotechnical assessment may be
- 29 -
required demonstrating that the development activities will not aggravate the hazard
and that the slope remains stable.
Fill Placement, Excavation or Grading Activities
Minor lot grading, excavation or placing of fill may be permitted when undertaken
in association with the activities listed above or in association with slope stabilization,
erosion control or flood proofing works. A geotechnical assessment may be required
depending on the site characteristics and the scale of the undertaking.
Swimming Pools
Swimming pools shall not be permitted within the erosion hazard of an apparent
river or stream valley.
6.2
Meander Belt (Erosion Hazard) General Policies – Not
Apparent Valley
Where there is a Not Apparent valley, the flow of water is free to shift across the
shallower land. Although toe erosion and slope stability are not deemed potential
hazards, consideration for the meandering tendencies of the system must be provided.
In these valley sections, the Regulated Area is the greater of the extent of the Riverine
Flooding Hazard plus the prescribed allowance or the Meander Belt Allowance plus an
allowance of 15 metres or 50 feet. The Meander Belt Allowance provides a limit to
development within the areas where the river system is likely to shift. This allowance is
based on twenty (20) times the bankfull channel width, where the bankfull channel width
is measured at the widest riffle section of the reach. A riffle is a section of shallow
rapids where the water surface is broken by small waves. The meander belt is centered
over the channel.
Figure 12: Riverine Erosion Hazard – Regulated area
Not Apparent Valley
- 30 -
6.2.1 Development within the Adjacent Allowance – Not Apparent Valley
Development Not Permitted
The following policies apply to the allowance adjacent to the erosion hazards
associated with Not Apparent valleys.



No new development shall be permitted within the meander belt of a Not
Apparent river or stream valley with the exception of those listed in this policy.
Development associated with institutional uses, emergency services and uses
associated with hazardous substances shall not be permitted.
Stormwater management facilities and stabilization works to allow for
future/proposed development or to provide for an increase in the development
area will not be permitted.
Development Permitted
Development may be permitted within the erosion hazard if it has been
demonstrated to the satisfaction of the Conservation Authority that the control of
flooding, erosion, pollution or the conservation of land will not be affected. The
submitted plans should demonstrate that:




the development does not create or aggravate the erosion hazard,
the development does not prevent access to and along the meander belt,
the potential for surficial erosion has been addressed through proper drainage,
erosion and sediment control and site stabilization/restoration plans, and
natural features and/or ecological functions contributing to the conservation of
land are protected, pollution is prevented and flooding hazards have been
adequately addressed.
Development associated with the following activities/uses may be permitted
within the erosion hazard subject to the activity being approved through a satisfactory
Environmental Assessment process (if required). They include:




development associated with public parks including trail systems and outdoor
recreation,
public infrastructure such as road and sewers and various utilities,
bank and slope stabilization to protect existing development or a conservation or
restoration project, and
minor removal of fill or placement of fill or site grading.
Access through the Erosion Hazard
Development associated with the construction of a driveway or access way
through the erosion hazard of an apparent river or stream valley in order to provide
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access to lands outside the valley may be permitted where it has been demonstrated
that there is no viable alternative outside of the regulated area.
Development Associated With Existing Uses
Development associated with existing uses located within the meander belt, such
as minor additions, non-habitable accessory buildings, pools, landscaping retaining
walls, grading, etc., may be permitted where it can be demonstrated to the satisfaction
of the Conservation Authority that:







there is no feasible alternative site outside of the meander belt and the proposed
development is located in an area of least and acceptable risk,
the development will not prevent access into and through the meander belt in
order to undertake preventative actions/maintenance or during an emergency,
the development will have no negative impacts on natural stream
meandering/fluvial processes,
the potential for surficial erosion has been addressed through the submission of
proper drainage, erosion and sediment control and site stabilization plans,
natural features and ecological functions contributing to the conservation of land
are protected, pollution is prevented and flooding hazards have been adequately
addressed,
non-habitable structural development would not be susceptible to stream erosion,
and
minor additions to habitable structures would not be susceptible to stream
erosion.
Reconstruction/Relocation of a Building
Development may be permitted for the reconstruction or relocation of a building
within the meander belt provided that it has not been damaged or destroyed by erosion
and that it has been demonstrated to the satisfaction of the Conservation Authority that:



the structure cannot be relocated to an area outside the erosion hazard, and, if
there is no feasible alternative site that is located in an area of least and
acceptable risk,
the structure will be protected from the erosion hazard through incorporation of
appropriate building design parameters, and
the original habitable floor area or the original footprint area does not exceed that
of the previous structure.
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7.0
WETLANDS AND AREAS OF INTERFERENCE
7.1
Wetlands
Wetlands are important natural features on the landscape, whether permanently
or seasonally wet. They moderate water flow by absorbing much of the surface water
runoff from the land and then slowly releasing it. This helps to reduce flooding and to
sustain stream flows during dry spells. Many wetlands recharge groundwater by moving
surface water into the groundwater system. Other benefits include protecting and
improving water quality, providing habitat for fish and wildlife, and providing recreational
opportunities. The lands which surround wetlands are also important to sustaining their
essential hydrologic and ecological functions.
Wetlands are defined in the Conservation Authorities Act as lands with the
following characteristics.




The land is seasonally or permanently covered by shallow water or has a water
table close to or at the surface.
It contributes directly to the hydrological function of a watershed through
connection with a surface watercourse.
The soils are hydric, the formation of which has been caused by the presence of
abundant water.
The land has vegetation dominated by hydrophytic plants or water tolerant
plants, the dominance of which has been favoured by the presence of abundant
water.
For the Mattagami Region Watershed Area, wetland evaluations have been
completed for:
Porcupine Lake and River Complex
 Carmen Bay
 Frederick House River
 Moose Lake
 Driftwood River
Little Goose Creek
 Gold Lake
 Kraft Creek/Murphy Creek
7.2
Areas of Interference
The areas surrounding wetlands where development could interfere with the
hydrological function of the wetland are called areas of interference. These areas
include lands that are 120 metres (394 feet) from the boundaries of Provincially
Significant Wetlands (as identified and approved by the Ontario Ministry of Natural
Resources) and other wetlands greater than or equal to 2 hectares (5 acres) or 30
metres (100 feet) from smaller (less than 2 hectares), non-provincially significant
wetlands. These areas may be adjusted where detailed hydrological studies define a
more accurate area of interference. Any development or interference within wetlands or
development in areas of interference requires the permission of the Conservation
Authority.
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7.3
Policies for Wetlands and Areas of Interference
Development/Interference within a wetland or development within an area of
interference will not be permitted except in accordance with the following policies.

Development within a naturally-occurring wetland may be permitted where the
wetland is less than 0.5 hectares (1.25 acres) and it can be demonstrated that
the wetland is not:
o part of a Provincially Significant Wetland,
o located within a floodplain,
o a Provincially or municipally designated natural feature or hazard land,
o a bog or fen,
o fish habitat,
o significant wildlife habitat,
o part of an ecologically functional corridor or linkage between larger
wetlands or natural areas,
o part of a groundwater recharge area, and
o part of groundwater discharge area associated with any of the above.

Public infrastructure including roads, sewers and utilities may be permitted
within a wetland larger than 0.5 hectares (1.25 acres) provided that:
o an Environmental Assessment or other comprehensive plan demonstrates
that all alternatives to avoid wetland loss or interference have been
considered and that the proposed alignment minimizes wetland loss or
interference to the greatest extent possible, and
o where unavoidable, intrusions on significant natural features or hydrologic
or ecological functions are minimized and it can be demonstrated that best
management practices including site and infrastructure design and
appropriate remedial measures will adequately restore and enhance
features and functions.

Development within an area of interference less than 30 metres (100 feet)
from a wetland may be permitted in accordance with the policies of Section 4.1.2
– Permitted Uses and where an Environmental Impact Study demonstrates that:
o there is no negative or adverse hydrological or ecological impacts on the
wetland,
o all development is located outside of the wetland and maintains as much
setback as feasible,
o development is located above the water table, and
o septic systems are located a minimum of 15 metres from the wetland and
0.9 metres above the annual maximum water table.

Development within an area of interference between 30 metres (100 feet) and
120 metres (394 feet) from a wetland may be permitted where an Environmental
Impact Study demonstrates that the policies of Section 4.1.2 – Permitted Uses
(Page 9) are met.
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8.0
LARGE INLAND LAKES
Within the Mattagami Region watershed both Nighthawk Lake and Frederick
House Lake are considered large inland lakes. The shorelines of these lakes are
affected by flooding, erosion and dynamic beaches and as such policies and guidelines
have been developed to disallow or restrict the use of these potential hazard areas.
For the purposes of defining the extent of the Regulated Area for Large Inland
Lakes, a 15-metre (50 foot) allowance is added to the furthest landward extent of the
Shoreline Flooding Hazard, the Shoreline Erosion Hazard and the Dynamic Beach
Hazard. In general, development will not be permitted in these hazard areas as defined
below.

The Shoreline Flooding Hazard is the 100 year flood level plus the appropriate
allowance for wave uprush and other water-related hazards. (See Figure 11)
Figure 13: Inland Lake Dynamic Shoreline Flooding Hazard
Regulated Area (Stable Condition)

The Shoreline Erosion Hazard is defined as the average annual rate of recession
extended over a 100 year period. The erosion hazard is determined using a
stable slope allowance (equal to the horizontal distance measured landward from
the toe of the slope to 3 times the height of the cliff, bluff or bank) and an erosion
allowance equal to 100 times the average annual recession rate. (See Figure 12)
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Figure 14: Inland Lake Dynamic Shoreline Erosion Hazard
Regulated Area (Unstable Condition)

The Dynamic Beach Hazard is defined as the extent of flooding hazard plus a
dynamic beach allowance. (See Figure 13)
Figure 15: Inland Lake Dynamic Beach Hazard
Regulated Area (Dynamic Condition)
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8.1
Large Inland Lake Shoreline Policies
Development within the Regulated Area associated with Large Inland Lakes will
not be permitted except in accordance with the following exceptions.
Development associated with existing uses located within the Regulated Area of
Large Inland Lakes may be permitted in accordance with the policies of Sections 4.1.1
and 4.1.2 – Prohibited Uses and Permitted Uses and where there is no feasible
alternative site outside the flooding or erosion hazard, provided that::





the proposed development is located in an area of least (and acceptable) risk,
floodproofing, protection works and access standards are met,
protection works are designed to create or restore aquatic habitats to the
greatest extent possible,
no basement is proposed in the flooding hazard and any crawl space is nonhabitable and designed to facilitate services only, and
a maintenance access of at least 5 metres (15 feet) is retained to and along
existing shoreline protection works.
Ground Floor Additions to an existing residential structure may be permitted
where it can be demonstrated that:




the addition is 50 per cent or less of the original habitable ground floor area,
all habitable floor space has a finished floor elevation that is .3 meters (1 foot)
above the Regulatory Flood Elevation, and
there is no basement for any addition and any crawl space is non-habitable and
designed to facilitate services only.
Additional Stories may be permitted where it can be demonstrated that the
number of dwelling units is the same.
Replacement of residential structures damaged or destroyed by causes other
than flooding or erosion may be permitted provided that:



the structure to be replaced is relocated outside the Regulated Area or where this
is not feasible the structure is relocated to an area where the risk of property
damage from flooding or erosion is reduced to the greatest extent possible,
original habitable ground floor area,
- 37 -



the foundation of the structure is of a “slab on grade” design with no basement or
crawl space and with a minimum elevation of .3 meters (1 foot) above the
ingress and egress is “dry” where this standard can be practically achieved. (See
Section 4.1.3 – Safe Access), and
there is no risk of structural failure due to potential hydrostatic/dynamic pressures
Relocation of existing residential structures may be permitted provided that the
risk of property damage from flooding or erosion is reduced to the greatest extent
wherever possible, through relocation.
Non-Habitable Accessory Structures that are associated with an existing
residential use including detached garages, sheds, etc., may be permitted provided that:







the structure is located as far away from the shoreline as possible where the
effects of flooding and erosion are reduced, or if available, on non-flooding lands
on the same lot or parcel of land,
the structure is used for purposes of storage, horticulture or other uses which
complement the residential nature of the property,
in size,
only one accessory structure shall be allowed per residential dwelling,
the structure is securely anchored such that it does not become a floating hazard
during times of high water,
flood-proofing is undertaken to the greatest extent that is practical, and
there is no opportunity for conversion into habitable space in the future.
Public Infrastructure including but not limited to roads, sanitary sewers, utilities,
water and sewage treatment plants, water supply wells and pipelines may be permitted
in accordance with the policies in Section 4.1.2 – Permitted Uses, provided that there is
no feasible alternative site outside the Flooding and Erosion Hazard as determined by
studies provided by the proponent, and where it can be demonstrated that:


adverse impacts on shoreline processes are limited and any risk of flood or
erosion damage to neighbouring properties is not increased, and
where unavoidable, intrusions on significant natural features and hydrological
and ecological functions are minimized and that best management practices for
site and infrastructure design have been incorporated.
Shoreline Protection Works to protect existing development and other uses
deemed appropriate may be permitted provided that:


all feasible alignments have been considered through an Environmental
Assessment or other site specific study, and
floodproofing, protection works and access standards are met.
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9.0
HAZARDOUS LANDS
Hazardous land is defined as land that could be unsafe for development because
of naturally-occurring processes associated with flooding, erosion, dynamic beaches or
unstable soil or bedrock. The Mattagami River watershed contains other hazardous
lands including organic soils and unstable bedrock.
9.1
Hazardous Lands Policies
Development within hazardous lands will not be permitted except in accordance
with the following exceptions.
Development may be permitted within hazardous lands in accordance with the
policies in Sections 4.1.1 and 4.1.2 – Prohibited Uses and Permitted Uses (Page 9) and
where a technical site-specific study and/or an Environmental Impact Study established
a more precise hazard land boundary and where it can be demonstrated that:


there is no feasible alternative site outside the Regulated Area, and
the risk of instability which would result in structural failure or property damage is
minimized.
- 39 -
10.0 ALTERATIONS TO SHORELINES AND WATERCOURSES
The area along both sides of any river, creek, stream or watercourse, called the
riparian zone, not only provides habitat for a wide range of flora and fauna, it also filters
surface runoff before it reaches open waterways. A healthy riparian zone is essential
for good water quality but also assists in flood and erosion control. Alterations to the
channel of a watercourse can negatively impact the benefits of a healthy riparian zone.
Any alteration to the channel of a watercourse requires the permission of the
MRCA. This includes, but is not limited to, culvert placement, bridge construction,
pipeline crossings, channel diversions and channel dredging. The MRCA supports the
application of “Natural Channel Design” and “Best Management Practices” principles in
all proposals. The Authority’s review of shoreline protection/improvement applications
will be conducted in cooperation with the Ontario Ministry of Natural Resources, the
Department of Fisheries and Oceans and other partners where the proposed work may
interfere with fish habitat.
10.1 Alteration to Shorelines and Watercourses Policies
Straightening, changing, diverting or interfering with existing river, creek, stream
or watercourse channel is not permitted except in accordance with the following
exceptions.
Crossings
Crossings, including bridges and culverts, may be permitted provided all feasible
alternative sites and alignments have been considered through an Environmental
Assessment or through site-specific studies and where it can be demonstrated that:






crossings are located to take advantage of existing impacted or open areas on
the channel bank or valley slope,
crossing structures avoid the Riverine Erosion Hazard in order to accommodate
natural watercourse movement, wherever possible,
the risk of flood damage to upstream or downstream properties is reduced
through site and infrastructure design,
there is no inhibition of fish passage,
where unavoidable, intrusions on significant natural features or hydrologic or
ecological functions are minimized, and
best management practices and appropriate remedial measures are employed.
Water and Erosion Control Structures
Water and Erosion Control Structures to protect existing development or other
uses deemed appropriate by the MRCA, including dams, dykes, retaining walls and
berms, may be permitted where it can be demonstrated that:
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



all feasible sites and alignments have been considered through an Environmental
Assessment or other site specific study,
ecological functions are minimized, and
best management practices for the design and installation of the structure are
utilized, and,
appropriate remedial measures are employed.
Dredging of a River, Stream, Creek or Watercourse
Dredging of a watercourse may be permitted to improve hydraulic characteristics
and fluvial processes or to improve aquatic habitat or water quality in accordance with
the policies in Sections 4.1.1 and 4.1.2 – Prohibited Uses and Permitted Uses and
where a dredging plan and/or other site-specific study demonstrates that:



ecological functions are minimized,
best management practices and appropriate remedial measures are employed,
and
all dredged material is removed from the Riverine Flooding and Erosion Hazard
area and safely disposed of.
Realignment, Channelization or Straightening
Realignment, channelization or straightening of a watercourse may be permitted
to improve hydraulic characteristics and fluvial processes or to improve aquatic habitat
or water quality in accordance with the policies in Sections 4.1.1 and 4.1.2 – Prohibited
and Permitted Uses and where a site plan and/or other site-specific study demonstrates
that:




all feasible sites and alignments have been considered through an Environmental
Assessment or other site specific study,
where unavoidable, intrusions on significant natural features or hydrological or
ecological functions are minimized,
best management practices and appropriate remedial measures are employed,
and
stream bank stability is enhanced and natural channel design principles are
followed to the greatest extent possible.
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APPENDIX A - DEFINITIONS
Access (Ingress/Egress) means standards and procedures applied in engineering
practice associated with providing safe passage for vehicles and people to and from a
shoreline or river-side property during an emergency situation as a result of flooding,
other water related hazards, the failure of flood proofing, and/or protection works, and/or
erosion that have been reviewed and approved by the Mattagami Region Conservation
Authority and/or the Ontario Ministry of Natural Resources.
Accessory Building or Structure means a use or a building or structure that is
subordinate and exclusively devoted to a main use, building or structure and located on
the same lot.
Aquifer means an underground layer or water-bearing permeable rock or
unconsolidated materials (gravel, sand, silt or clay).
Areas of Interference means those lands where development could interfere with the
hydrological function of a wetland.
Backwater Area means a section of watercourse with an elevation that is increased
above normal because of a downstream human-made obstruction such as a narrow
bridge opening or culvert that restricts natural water flow.
Bankfull Width means the formative flow of water that characterizes the morphology of
a fluvial channel in a single channel stream, “bankfull” is the discharge, which just fills
the channel without flowing onto the floodplain.
Best Management Practices (BMPs) means “industry” or “commonly” accepted
methods, facilities and structures which are designed to protect or improve the
environment and natural features and functions from the effects of development or
interference.
Comprehensive Plan means a study or plan undertaken at a landscape scale such as
a watershed/subwatershed plan, an Environmental Assessment, a detailed
Environmental Implementation Report (EIR) that has been prepared to address and
document various alternatives and is part of a joint harmonized planning or
Environmental Assessment process, or a community plan that includes a
comprehensive Environmental Impact Statement.
Conservation of Land means the protection, preservation, management or restoration
of lands within the watershed ecosystem.
Creek means a natural stream of water normally smaller than and often tributary to a
river.
- 42 -
Cumulative Effects means the combined effects of all activities in an area over time
and the incremental effects associated with an individual project in an area over time.
Cut and Fill Balance means all fill placed at or below the flood elevation is balanced
with an equal amount of soil material removal within a defined reach of a watercourse.
Dam means a structure of work holding back or diverting water and includes a dam,
tailings dam, dyke, diversion, channel, artificial channel, culvert or causeway (Lakes and
Rivers Improvement Act, R.S.O. 1990 c. L3, s.1)
Development means:




the construction, reconstruction, erection or placing of a building structure of any
kind
any change to a building or structure that would have the effect of altering the use or
potential use of the building structure, increasing the size of the building or structure
or increasing the number of dwelling units in the building or structure,
site grading, or
the temporary or permanent placing, dumping or removal of material, originating on
the site or elsewhere.
Dynamic Beach Hazard – See Inland Lake Dynamic Beach Hazard.
Drainage Area means, for a point, the area that contributes runoff off to that point.
Dwelling Unit means a suite operated as a housekeeping unit, used or intended to be
used as a domicile by one or more persons and usually containing cooking, eating,
living, sleeping and sanitary facilities.
Ecological Function means the natural processes, products or services that living and
non-living environments provide or perform within or between species, ecosystems and
landscapes. These may include biological, physical and socio-economic interactions.
Effective Flow Area means that part of a river, stream, creek or watercourse where
there are significant flow velocities and most of the flow discharge is conveyed.
Environmental Assessment means a process that is used to predict the
environmental, social and economic effects of proposed initiatives before they are
carried out. It is used to identify measures to mitigate adverse effects on the
environment and can predict whether there will be significant adverse environmental
effects, even after the mitigation is implemented.
Environmental Impact Statement (EIS) means a report prepared by a qualified
professional to address the potential impacts of development or interference on natural
features and ecological functions. There are three types of reports including:
- 43 -
 a Comprehensive EIS is a landscape scale, watershed or subwatershed study which
sets the width of setbacks and offers guidance for the investigation, establishment
and maintenance of buffers.
 a Scoped EIS is an area or site-specific study that addresses the potential negative
impacts to features described previously in a comprehensive study.
 a Full EIS is an area or site-specific study prepared, in the absence of a
comprehensive study to address possible impacts from a development. Due to the
lack of guidance from a comprehensive study, the full EIS is typically much more
detailed than a scoped study, and will also include statements to address possible
negative impacts at a regional scale.
Existing Use means the type of activity associated with an existing building or structure
or site on the date of a permit application.
Fill means any material used or capable of being used to raise, lower or in any way
affect the contours of the ground, whether on a permanent or temporary basis, and
whether it originates on the site or elsewhere.
Flood Fringe means the outer portion of the floodplain between the floodway and the
Riverine Flooding Hazard limit where the depths and velocities of flooding are less
severe than those experienced in the Floodway.
Flood proofing means structural changes and/or adjustments incorporated into the
basic design and/or construction or alteration of individual buildings, structures or
properties to protect them from flood damage.
Floodway for river, stream, creek, watercourse or inland lake systems means the
portion of the floodplain where development would cause a danger to public health and
safety or property damage.


Where the one-zone concept is applied, the floodway is the entire contiguous
floodplain.
Where the two-zone concept or special policy area concept is applied, the flood
way is the contiguous inner portion of the floodplain, representing that area
required for the safe passage of flood flow and/or that area where flood depths
and/or velocities are considered to be such that they pose a potential threat to life
and /or property. Where the two-zone concept or special policy area applies, the
outer portion of the floodplain is called the flood fringe.
Groundwater Discharge means the flow of water from an aquifer. Discharge areas
are locations at which ground water leaves the aquifer and flows to the surface. Ground
water discharge occurs where the water table or potentiometric surface intersects the
land surface. Where this happens, springs or seeps are found. Springs and seeps
may flow into fresh water bodies such as lakes or streams, or they may flow into
saltwater bodies.
- 44 -
Groundwater Recharge means downward movement of water through the soil to the
groundwater or the process by which external water is added to the zone of saturation
of an aquifer, either directly into a formation or indirectly by way of another formation.
Most areas, unless composed of solid rock or covered by development, allow a certain
percentage of total precipitation to reach the water table. The sustainable yield of an
aquifer is mainly controlled by the amount of recharge it receives. If total discharges
(natural discharge plus water use from human activities) exceed recharge, water levels
in an aquifer will decline. This decline will continue until a new balance is reached
between total discharge and recharge, or the aquifer becomes depleted to the point
where further withdrawals are no longer feasible.
Quantifying recharge is not easy, because it depends on a number of variables
including:






soil type
geology and hydrogeology
precipitation (including amount, type, and melt (rate for snow) prior soil moisture
conditions
runoff
topography, and
evapotranspiration.
For a given climatic condition, recharge is much higher in areas of coarse sands and
gravels than in areas of low permeability clays.
Habitable Floor Space means any area that has the potential to be used as or
converted to residential living space, including basements. These uses can be further
divided into Habitable and Non Habitable uses or rooms.
HABITABLE ROOMS
Bedrooms
Kitchen
Living Room
Dining Room
Office
Recreation/Family Room
NON HABITABLE ROOMS
Bathrooms
Closets
Halls and Corridors
Storage Rooms
Utility Rooms: work shop, laundry room
electrical room, furnace room
Hazardous Land means land that could be unsafe for development because of
naturally-occurring processes associated with flooding, erosion, dynamic beaches or
unstable soil or bedrock.
Hazardous Substances means substances that individually or in combination with
other substances are normally considered to pose a danger to or threat to public health,
safety and the environment. These substances generally include a wide range of
materials that are toxic, ignitable, corrosive, reactive, radioactive or pathological.
Headwater means the source and extreme upper reaches of a river, creek, stream or
watercourse.
- 45 -
Hydrologic Function means the functions of the hydrologic cycle that include the
occurrence, circulation, distribution and chemical and physical properties of water on
the surface of the land, in the soil and underlying rocks and in the atmosphere, and
water’s interaction with the environment including its relation to living things.
Inland Lake Dynamic Beach Hazard means that portion of an Inland Lake shoreline
where accumulated unconsolidated sediment continuously moves as a result of
naturally occurring processes associated with wind and water and changes in the rate of
sediment supply. The extent of the dynamic beach hazard is defined as the extent of
the flooding hazard plus an allowance.
Inland Lake Erosion Hazard means the loss of land, due to human or natural
processes, that pose a threat to life and property. The erosion hazard limit is
determined using considerations that include the 100 year erosion rate (the average
annual rate of recession extended over a one hundred year time span), an allowance
for slope stability, plus a 15 metre allowance.
Inland Lake Flooding Hazard means the inundation under the 100 year flood including
wave uprush and other water-related hazards.
Meander Belt Allowance means a limit for development within the areas where the
river system is likely to shift. It is based on twenty (20) times the bankfull channel width
where the bankfull channel width is measured at the widest riffle section of the reach. A
riffle is a section of shallow rapids where the water surface is broken by small waves.
The meander belt is centered over a meander belt axis that connects the riffle section of
the stream.
Meander Belt Axis means the line or “axis” that the meander belt is centred over which
connects all the riffle sections of a stream.
Meander Belt means the area of land in which a watercourse channel moves or is likely
to move over a period to time.
Non-Apparent Valley or Unconfined Valley means that part of the valleyland system
where a river, creek, stream or watercourse is not contained within a clearly visible
valley section.
One Hundred Year Erosion Rate means the predicted lateral movement of a river,
creek, stream or watercourse or inland lake over a period of one hundred years.
Other Water-Related Hazards means water-associated phenomena other than
flooding hazards and wave uprush which acts on shorelines. This includes, but is not
limited to ship-generated waves, ice piling and jamming.
Pollution means any deleterious physical substance or other contaminant that has the
potential to be generated by development.
- 46 -
Protect in the context of wetlands, means the preservation of wetlands in perpetuity
through implementation of appropriate physical and/or legal mechanisms (e.g.
ecological buffers, development setbacks, zoning, fencing conservation easements etc.)
Protection Works means structural or non-structural works which are intended to
appropriately address damages caused by flooding, erosion and/or other water-related
hazards.
Qualified Professional means a person with specific qualifications, training, and
experience authorized to undertake work in accordance with the policies in accepted
engineering or scientific principles, provincial standards, criteria and guidelines, and/or
to the satisfaction of the MRCA.
Regulated Area means the area encompassed by all hazards and wetlands, plus any
allowances.
Regulatory Flood means the inundation under a flood resulting from the rainfall
experienced during the Timmins storm (1961) or in limited situations in headwater
streams, the 100 year flood, wherever it is greater, the limits of which define the riverine
flooding hazard.
Replacement means the removal of an existing building or structure and the
construction of a new building structure. Replacement does not include reconstruction
on remnant foundations or derelict or abandoned buildings or structures.
Riffle means a section of shallow rapids where the water surface is broken by small
waves.
Restore in the context of wetlands means the re-establishment or rehabilitation of a
former or degraded wetland with the goal of returning natural or historic functions and
characteristics that have been partially or completely lost by such actions as filling or
draining.
Riparian Vegetation means the plant communities in the riparian zone, typically
characterized by hydrophilic plants.
Riparian Zone means the interface between land and a flowing surface water body
Riparian is derived from Latin ripa, meaning river bank.
Riverine Erosion Hazard means the loss of land, due to human or natural processes,
that poses a threat to life and property. The riverine erosion hazard limit is determined
using considerations that include the 100 year erosion rate (the average annual rate of
recession extended over a one hundred year time span), an allowance for slope
stability, plus a 15 metre allowance or, in unconfined systems, the meander belt
allowance plus a 15 metre allowance.
- 47 -
Riverine Hazard Limit means the limit which encompasses the flooding and erosion
hazards and the river, creek, stream or watercourse.
Safe Access means locations where during the Regulatory Flood, the low flow velocity
does not exceed 1.0 m/s, the product of depth and velocity does not exceed 0.4 m 2/s,
the depth of flooding access routes to residential units does not exceed 0.8 metres or
2.0 metres along access routes to commercial or industrial buildings or structures, and
the depth of flooding adjacent to residential units does not exceed 1.2 metres or 2.0
metres adjacent to commercial or industrial buildings or structures.
Stage-Storage Discharge Relationship means the relationship of flood storage and
flood elevation values at various flood flow rates within a particular
watercourse/floodplain reach. This relationship is used as a factor to determine whether
the hydraulic function of the floodplain is preserved.
Toe of Slope means the lowest point on a slope, where the surface gradient changes
from relatively shallow to relatively steep.
Top of Slope means the point of a slope where the downward inclination of the land
begins or the upward inclination of the land levels off. This point is situated at a higher
topographic elevation of land than the remainder of the slope.
Valleyland means land that has depressional features associated with a river or
stream, whether or not it contains a watercourse.
Watercourse means an identifiable depression in the ground in which a flow of water
regularly or continuously occurs.
Watershed means an area that is drained by a river and its tributaries.
Wave Uprush means the rush of water up onto a shoreline or structure following the
breaking of a wave; the limit of wave uprush is the point of furthest landward rush of
water onto the shoreline.
Wetland means land that:




is seasonally or permanently covered by shallow water or has a water table close to
or at the surface,
directly contributes to the hydrological function of a watershed through connection
with a surface watercourse.
has hydric soils, the formation of which have been caused by the presence of
abundant water, and
has vegetation dominated by hydrophytic plants or water tolerant plants, the
dominance of which has been favoured by the presence of abundant water but does
not include periodically soaked or wet land that is used for agricultural purposes and
no longer exhibits wetland characteristics.
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APPENDIX B - FLOOD PROOFING GUIDELINES
Flood proofing encompasses all protective measures required to ensure that a
building and its contents will not sustain flood damages and that continued occupancy
of the building can occur at least throughout the early stages of a Regulatory Flood.
Since there will always be a probability of a flood event exceeding the Regulatory Flood,
total protection from flood damage cannot always be assured.
B.1





B.2
General Flood Proofing Principles
Development which is permitted through these policies must be protected by
accepted flood proofing actions and measures.
Access for new buildings must be such that vehicular and pedestrian movement
can occur during times of flooding.
Dry, passive flood proofing must be used whenever possible.
Residential/habitable buildings must always incorporate dry flood proofing
measures.
Wet flood proofing may only be considered for non-residential/non-habitable uses
and for buildings accessory to residential/habitable uses (i.e. garages).
Safe Access and Egress
The Provincial Policy Statement and associated technical guidelines identify safe
access as a primary consideration before approval is granted for flood plain
development. The availability of safe access is directly related to flood depth and water
velocity. Access is safest if it is flood proofed to the Regulatory Flood level. The
Authority may consider approval when access routes are affected by flooding if the
landowner demonstrated difficulty in meeting the Regulatory standard. Access
concerns include but are not limited to:


Vehicular access routes such as municipal roadways and private rights-of-way.
Pedestrian access routes such as laneways and walkways.
Access in Flood Hazard Areas



Access through a flood or erosion hazard area which requires filling or other
alterations to existing grades may only be permitted in situations where it
presents the only available means of securing a safe and appropriate building
site.
Wherever possible, vehicular access and parking lots must be flood proofed to
the Regulatory Flood level.
Where flood proofing to the Regulatory Flood level is not possible, vehicular
access and parking lots must be designed such that the maximum depth of
flooding will not exceed 0.3 metres and the maximum flood velocity will not
exceed 1.0 metres per second.
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



Driveways and access roads may be filled to a minimum of 0.3 metres below the
Regulatory Flood level and to a maximum of 0.3 metres above the Regulatory
Flood level, with the sides of the driveway tapering down to existing grade at a 3
to 1 slope.
Driveways and access road side slopes should be stabilized with appropriate
groundcover or another stabilization treatment.
Access routes must be designed to allow for passage of normal flow and flood
waters without obstructing or impeding flow.
An assessment by a Professional Engineer may be required, at the landowner’s
expense, for access in areas prone to flooding.
Access in Slope and/or Erosion Hazards


B.3
Access must be constructed such that it is not prone to erosion or instability and
will not cause or aggravate erosion or instability on neighbouring properties.
An assessment by a Professional Engineer may be required, at the landowners
expense, for access in areas prone to erosion or instability.
Design Requirements for Residential Buildings
New development, infilling, replacement and additions for a residential use must
be dry, passive flood proofed to the Regulatory Flood level. Where such requirements
impact on or are significantly out of context with neighbouring properties, other flood
proofing approaches may be considered.
The design requirements for dry passive flood proofing are as follows:






Where required by policy, a slab on grade construction will be used and set at an
elevation of 0.3 metres (1 foot) above the Regulatory Flood level.
The underside of the floor assembly closest to grade and all building openings
must be at least 0.3 metres (1 foot) above the Regulatory Flood level.
Living space, including a basement, is not permitted below the Regulatory Flood
level.
A crawlspace may be permitted subject to the following.
o Height must not exceed 1.8 metres (6 feet).
o For a concrete slab floor the drawings must be stamped by a Professional
Engineer, otherwise the floor must remain unfinished (i.e. gravel floor).
o The minimum floor elevation must be at the 5 year flood level.
Foundation walls and floors located below the Regulatory Flood level must be
designed to withstand hydrostatic pressures for that flood level.
All mechanical and electrical service shutoffs must be located at least 0.3 metres
(1 foot) above the Regulatory Flood level.
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B.4
Fill Aprons for the Flood Proofing of Buildings
Excessive filling in the flood plain can have negative impacts on water flow and
storage capacity of the flood plain which in turn can cause or increase flooding and/or
erosion on other nearby properties. It can also cause sedimentation resulting in impacts
to water quality. To reduce these negative impacts, fill placement within the flood plain
is generally limited to what is required for flood proofing purposes. The placement of
excessive fill for landscaping purposes is generally not permitted.



B.5
Fill placement for the purposes of flood proofing a habitable dwelling shall be
limited to a fill apron extending a maximum of 4.5 metres (15 feet) out from the
foundation walls.
The top of the fill apron must be graded up to at least the Regulatory Flood level
where it meets the exterior of the foundation wall.
The fill apron must be graded away from the foundation wall at a slope no
steeper than 3 to 1.
Drainage Swales
Where a lot is being graded to an elevation that exceeds the grade of the
adjacent property, the lot grading must not result in additional runoff being directed onto
adjacent properties. Grassed drainage swales must be provided between the fill area
and the lot line where a natural drainage swale does not already exist.
Where drainage swales are required, they should be designed to the following
minimum standards.








The swale must be located entirely within the limits of the lot and shall not extend
beyond the side yard lot lines into neighbouring properties.
The base of the swale should be 0.2 to 0.3 metres in width.
The minimum depth of the swale should be 0.15 metres to a maximum depth of
0.6 metres.
The side slopes of the swale should not exceed a 3 to 1 slope.
A slope of between 2 and 8 per cent is recommended for proper drainage.
The bottom of the swale should be graded smoothly concave.
The inside surface of the swale should be permanently stabilized with grass and
mulch and/or other vegetation.
Rock check dams may be required in areas of potentially high flow.
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APPENDIX C - ONTARIO REGULATION 165/06
Conservation Authorities Act / Loi sur les offices de protection de la nature
MATTAGAMI REGION CONSERVATION AUTHORITY: REGULATION OF
DEVELOPMENT, INTERFERENCE WITH WETLANDS AND ALTERATIONS TO
SHORELINES AND WATERCOURSES
Definition
1. In this Regulation,
“Authority” means the Mattagami Region Conservation Authority. O. Reg. 165/06, s. 1.
Development prohibited
2. (1) Subject to section 3, no person shall undertake development or permit another person to
undertake development in or on the areas within the jurisdiction of the Authority that are,
(a) adjacent or close to the shoreline of inland lakes that may be affected by flooding, erosion
or dynamic beaches, including the area from the furthest offshore extent of the Authority’s
boundary to the furthest landward extent of the aggregate of the following distances:
(i) the 100 year flood level, plus the appropriate allowance for wave uprush, which
information is available at or through the Authority at its head office located at 100
Lakeshore Road, Timmins, Ontario, P4N 8R5,
(ii) the predicted long term stable slope projected from the existing stable toe of the slope
or from the predicted location of the toe of the slope as that location may have shifted
as a result of shoreline erosion over a 100-year period,
(iii) where a dynamic beach is associated with the waterfront lands, a 15 metre allowance
inland to accommodate dynamic beach movement, which information is available at or
through the Authority at the address given in subclause (i), and
(iv) 15 metres inland;
(b) river or stream valleys that have depressional features associated with a river or stream,
whether or not they contain a watercourse, the limits of which are determined in
accordance with the following rules:
(i) where the river or stream valley is apparent and has stable slopes, the valley extends
from the stable top of bank, plus 15 metres, to a similar point on the opposite side,
(ii) where the river or stream valley is apparent and has unstable slopes, the valley extends
from the predicted long term stable slope projected from the existing stable slope or, if
the toe of the slope is unstable from the predicted location of the toe of the slope as a
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result of stream erosion over a projected 100-year period, plus 15 metres, to a similar
point on the opposite side,
(iii) where the river or stream valley is not apparent, the valley extends the greater of,
(A) the distance from a point outside the edge of the maximum extent of the flood
plain under the applicable flood event standard, plus 15 metres, to a similar point
on the opposite side, and
(B) the distance from the predicted meander belt of a watercourse, expanded as
required to convey the flood flows under the applicable flood event standard, plus
15 metres, to a similar point on the opposite side;
(c) hazardous lands;
(d) wetlands; or
(e) other areas where development could interfere with the hydrologic function of a wetland,
including areas within 120 metres of all provincially significant wetlands and wetlands
greater than 2 hectares in size, and areas within 30 metres of wetlands less than 2 hectares
in size, but not including those where development has been approved pursuant to an
application made under the Planning Act or other public planning or regulatory process.
O. Reg. 165/06, s. 2 (1).
(2) The areas described in subsection (1) are the areas referred to in section 12 except that, in
case of a conflict, the description of the areas provided in subsection (1) prevails over the
descriptions referred to in that section. O. Reg. 165/06, s. 2 (2).
Permission to develop
3. (1) The Authority may grant permission for development in or on the areas described in
subsection 2 (1) if, in its opinion, the control of flooding, erosion, dynamic beaches, pollution or
the conservation of land will not be affected by the development. O. Reg. 165/06, s. 3 (1).
(2) The permission of the Authority shall be given in writing, with or without conditions.
O. Reg. 165/06, s. 3 (2).
Application for permission
4. A signed application for permission to undertake development shall be filed with the
Authority and shall contain the following information:
1. Four copies of a plan of the area showing the type and location of the development.
2. The proposed use of the buildings and structures following completion of the development.
3. The start and completion dates of the development.
4. The elevations of existing buildings, if any, and grades and the proposed elevations of
buildings and grades after development.
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5. Drainage details before and after development.
6. A complete description of the type of fill proposed to be placed or dumped. O. Reg.
165/06, s. 4.
Alterations prohibited
5. Subject to section 6, no person shall straighten, change, divert or interfere in any way with the
existing channel of a river, creek, stream or watercourse or change or interfere in any way with a
wetland. O. Reg. 165/06, s. 5.
Permission to alter
6. (1) The Authority may grant a person permission to straighten, change, divert or interfere
with the existing channel of a river, creek, stream or watercourse or to change or interfere with a
wetland. O. Reg. 165/06, s. 6 (1).
(2) The permission of the Authority shall be given in writing, with or without conditions.
O. Reg. 165/06, s. 6 (2).
Application for permission
7. A signed application for permission to straighten, change, divert or interfere with the existing
channel of a river, creek, stream or watercourse or change or interfere with a wetland shall be
filed with the Authority and shall contain the following information:
1. Four copies of a plan of the area showing plan view and cross-section details of the
proposed alteration.
2. A description of the methods to be used in carrying out the alteration.
3. The start and completion dates of the alteration.
4. A statement of the purpose of the alteration. O. Reg. 165/06, s. 7.
Cancellation of permission
8. (1) The Authority may cancel permission if it is of the opinion that the conditions of the
permission have not been met. O. Reg. 165/06, s. 8 (1).
(2) Before cancelling a permission, the Authority shall give a notice of intent to cancel to the
holder of the permission indicating that the permission will be cancelled unless the holder shows
cause at a hearing why the permission should not be cancelled. O. Reg. 165/06, s. 8 (2).
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(3) Following the giving of the notice, the Authority shall give the holder at least five days’
notice of the date of the hearing. O. Reg. 165/06, s. 8 (3).
Validity of permissions and extensions
9. (1) A permission of the Authority is valid for a maximum period of 24 months after it is
issued, unless it is specified to expire at an earlier date. O. Reg. 165/06, s. 9 (1).
(2) A permission shall not be extended. O. Reg. 165/06, s. 9 (2).
Appointment of officers
10. The Authority may appoint officers to enforce this Regulation. O. Reg. 165/06, s. 10.
Flood event standards
11. The flood event standards used to determine the maximum susceptibility to flooding of lands
or areas within the watersheds in the area of jurisdiction of the Authority are the Timmins Flood
Event Standard, the 100 Year Flood Event Standard and the 100 year flood level plus wave
uprush as described in Schedule 1. O. Reg. 165/06, s. 11.
Areas included in the regulation limit
12. Hazardous lands, wetlands, shorelines and areas susceptible to flooding, and associated
allowances, within the watershed in the jurisdiction of the Authority as shown on maps 1 (one) to
68 (sixty-eight) dated January 2006 and filed at the head office of the Authority at 100 Lakeshore
Road, Timmins, Ontario under the map title “Ontario Regulation 97/04: Regulation for
Development, Interference with Wetlands and Alterations to Shorelines and Watercourses”.
O. Reg. 165/06, s. 12.
13. OMITTED (REVOKES OTHER REGULATIONS). O. Reg. 165/06, s. 13.
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SCHEDULE 1
1. The Timmins Flood Event Standard means a storm that produces over a 12-hour period,
(a) in a drainage area of 25 square kilometres or less, rainfall that has the distribution set out in
Table 1; or
(b) in a drainage area of more than 25 square kilometres, a rainfall such that the number of
millimetres of rain referred to in each case in Table 1 shall be modified by the percentage
amount in Column 2 of Table 2 opposite the size of the drainage area set out opposite
thereto in Column 1 of Table 2.
TABLE 1
15 millimetres of rain in the first hour
20 millimetres of rain in the second hour
10 millimetres of rain in the third hour
3 millimetres of rain in the fourth hour
5 millimetres of rain in the fifth hour
20 millimetres of rain in the sixth hour
43 millimetres of rain in the seventh hour
20 millimetres of rain in the eight hour
23 millimetres of rain in the ninth hour
13 millimetres of rain in the tenth hour
13 millimetres of rain in the eleventh hour
8 millimetres of rain in the twelfth hour
TABLE 2
Column 1
Drainage Area (square km)
26 to 50 both inclusive
Column 2
Percentage
97
94
90
87
84
82
79
76
74
70
68
66
65
64
63
62
58
56
53
50
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2. The 100 Year Flood Event Standard means rainfall or snowmelt, or a combination of
rainfall and snowmelt producing at any location in a river, creek, stream or watercourse, a peak
flow that has a probability of occurrence of one per cent during any given year.
3. The 100 year flood level means the peak instantaneous still water level plus an allowance
for wave uprush and other water-related hazards for Nighthawk Lake that has a probability of
occurrence of one per cent during any given year.
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APPENDIX D - Conservation Authorities Act R.S.O. 1990, Chapter C.27
Consolidation Period: From June 6, 2011 to the e-Laws currency date.
Last amendment: 2011, c. 9, Sched. 27, s. 22.
CONTENTS
1.
Definitions
2.
Meeting to establish authority for watershed
3.
Establishment, jurisdiction and initial financing
4.
Regional municipality to act in place of local municipalities
5.
Toronto and Region Conservation Authority
6.
Hamilton Region Conservation Authority
7.
Grand River Conservation Authority
8.
Grouping of municipalities
9.
Establishment of authority for two or more watersheds
10.
Enlargement of authority’s area
11.
Amalgamation of authorities
13.
Participating municipalities following annexation, etc.
13.1
Dissolution of authority
14.
Members of authority
15.
Meetings of authority
16.
Decision-making at meetings
17.
Chair, vice-chair
18.
Employees and advisory boards
19.
Executive committee
20.
Objects
21.
Powers of authorities
22.
Agreement re road
23.
Minister’s powers
24.
Projects of authority
25.
Apportionment of benefit
26.
Determination of capital expenditure
27.
Maintenance and administration costs
28.
Regulations by authority re area under its jurisdiction
29.
Regulations by authority re lands owned by it
30.
Regulations by authority: mandatory regulations
30.1
Restriction on entry
31.
Expropriation
32.
Restrictions on projects
33.
Assessment of lands of authority
34.
Cemetery lands
35.
Right to use water power
36.
Assent of electors not necessary
37.
Payment to and spending by authority
38.
Annual audit
39.
Grants
40.
Regulations
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Definitions
1. In this Act,
“administration costs” means salaries and travelling expenses of members and employees of an
authority, office rent, maintenance and purchase of office equipment, expenses connected with
exhibits, visual equipment and printed matter for educational purposes, and all expenditures
necessary for carrying out the objects of an authority other than capital expenses and
maintenance costs of projects; (“frais d’administration”)
“advisory board” means an advisory board appointed by an authority; (“conseil consultatif”)
“authority” means a conservation authority established by or under this Act or a predecessor of
this Act; (“office”)
“executive committee” means the executive committee appointed by an authority; (“comité de
direction”)
“land” includes buildings and any estate, term, easement, right or interest in, to, over or affecting
land; (“bien-fonds”)
“maintenance costs” means all expenditures required specifically in relation to the operation or
maintenance of a project; (“frais d’entretien”)
“Minister” means the Minister of Natural Resources; (“ministre”)
“municipality” means a local municipality, and includes a band under the Indian Act (Canada)
that is permitted to control, manage and expend its revenue money under section 69 of that Act;
(“municipalité”)
“participating municipality” means a municipality that is designated by or under this Act as a
participating municipality; (“municipalité participante”)
“project” means a work undertaken by an authority for the furtherance of its objects; (“projet”)
“watershed” means an area drained by a river and its tributaries. (“bassin hydrographique”)
R.S.O. 1990, c. C.27, s. 1; 1996, c. 1, Sched. M, s. 40; 1998, c. 18, Sched. I, s. 1; 2002, c. 17,
Sched. F, Table.
Meeting to establish authority for watershed
2. (1) Where the councils of any two or more municipalities situate either wholly or
partly within a watershed by resolution request the Minister to call a meeting for the
establishment of an authority for the watershed or any defined part thereof, the Minister shall fix
a time and place for such a meeting and shall forthwith notify the council of every municipality
either wholly or partly within the watershed or part thereof. R.S.O. 1990, c. C.27, s. 2 (1).
Representatives at meeting
(2) The council of each municipality may appoint representatives to attend the meeting
in the following numbers:
1. Where the population is 1,000,000 or more, seven representatives.
1.1
Where the population is 500,000 or more but less than 1,000,000, six
representatives.
1.2
Where the population is 250,000 or more but less than 500,000, five
representatives.
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2.
Where the population is 100,000 or more but less than 250,000, four
representatives.
3.
Where the population is 50,000 or more but less than 100,000, three
representatives.
4.
Where the population is 10,000 or more but less than 50,000, two representatives.
5.
Where the population is less than 10,000, one representative. R.S.O. 1990,
c. C.27, s. 2 (2); 2001, c. 9, Sched. K, s. 1 (1).
Authority of representatives
(3) The representatives so appointed have authority to vote and generally act on behalf of
their respective municipalities at the meeting. R.S.O. 1990, c. C.27, s. 2 (3).
Quorum
(4) At any meeting called under this section, a quorum consists of two-thirds of the
representatives that the municipalities notified are entitled to appoint, but, where not fewer than
three representatives are present at a meeting or adjourned meeting, they may adjourn the
meeting or adjourned meeting from time to time. R.S.O. 1990, c. C.27, s. 2 (4).
Establishment, jurisdiction and initial financing
Establishment and jurisdiction of authority
3. (1) Upon receipt by the Minister of a resolution passed at a meeting or adjourned
meeting held under section 2 and at which a quorum was present by not less than two-thirds of
the representatives present thereat requesting the establishment of an authority, the Lieutenant
Governor in Council may establish a conservation authority and designate the municipalities that
are the participating municipalities and the area over which the authority has jurisdiction. R.S.O.
1990, c. C.27, s. 3 (1).
Where only part of municipality in watershed
(2) Where a municipality is only partly within the watershed, the Lieutenant Governor in
Council may include the whole or that part of the municipality in the area over which the
authority has jurisdiction. R.S.O. 1990, c. C.27, s. 3 (2).
Name of authority
(3) The name of each authority shall be determined by the Lieutenant Governor in
Council and shall conclude with the words “conservation authority” in English and shall include
the words “office de protection de la nature” in French. R.S.O. 1990, c. C.27, s. 3 (3).
Corporate body
(4) Every authority is a body corporate. R.S.O. 1990, c. C.27, s. 3 (4).
Borrowing power
(5) Every authority may, for its purposes, borrow on the promissory note of the
authority, at such rate of interest as the Minister approves, such money as may be required until
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payment to the authority of any grants and of sums to be paid to the authority by the participating
municipalities. R.S.O. 1990, c. C.27, s. 3 (5).
Regional municipality to act in place of local municipalities
4. (1) Where a regional municipality has been established, the regional municipality, on
and after the 1st day of January after it is established,
(a) shall act in the place of the local municipalities within the regional municipality for
the purpose of appointing representatives to attend a meeting for the establishment or
enlargement of a conservation authority or the amalgamation of conservation authorities and for
the purpose may appoint representatives in the numbers to which the local municipalities would
otherwise have been entitled; and
(b) shall be a participating municipality in the place of such of the local municipalities
within the regional municipality as are wholly or partly within the area under the jurisdiction of a
conservation authority and shall appoint to each such authority the number of members to which
the local municipalities would otherwise have been entitled as participating municipalities.
R.S.O. 1990, c. C.27, s. 4 (1).
Members appointed by local municipality continue
(2) When a regional municipality is established, the members of an authority then
holding office who were appointed by a local municipality wholly or partly within the regional
municipality shall continue to hold office until their respective terms of office expire and shall be
deemed to have been appointed by the regional municipality. R.S.O. 1990, c. C.27, s. 4 (2).
Toronto and Region Conservation Authority
5. (1) The Metropolitan Toronto and Region Conservation Authority is continued under
the name Toronto and Region Conservation Authority in English and Office de protection de la
nature de Toronto et de la région in French, and has jurisdiction in all matters provided for in this
Act over the area under its jurisdiction on December 31, 1990, as it may be altered under this
Act. 1997, c. 26, Sched.
(2) Repealed: 2001, c. 9, Sched. K, s. 1 (2).
Designation of participating municipalities and area
(3) The Lieutenant Governor in Council may designate,
(a)
the municipalities that are the participating municipalities of the Toronto and
Region Conservation Authority; and
(b)
the area over which the Toronto and Region Conservation Authority has
jurisdiction. 1997, c. 26, Sched.
Members
(4) Despite subsections 14 (1), (2) and (5) but subject to subsection 14 (2.1), the number
of members appointed to the Toronto and Region Conservation Authority by the City of Toronto
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shall, at all times, be equal to the total number of members appointed by the other participating
municipalities. 1997, c. 26, Sched.; 2001, c. 9, Sched. K, s. 1 (3).
Hamilton Region Conservation Authority
6. (1) The Hamilton Region Conservation Authority is continued under the name
Hamilton Region Conservation Authority in English and Office de protection de la nature de la
région de Hamilton in French, and has jurisdiction in all matters provided for in this Act over the
area under its jurisdiction on the 31st day of December, 1990, as it may be altered under this Act.
R.S.O. 1990, c. C.27, s. 6 (1).
(3) The Lieutenant Governor in Council may designate the municipalities that are the
participating municipalities of the Hamilton Region Conservation Authority and the area under
its jurisdiction. R.S.O. 1990, c. C.27, s. 6 (3).
(4) Repealed: 2000, c. 5, s. 8.
Grand River Conservation Authority
7. (1) The Grand River Conservation Authority is continued under the name Grand
River Conservation Authority in English and Office de protection de la nature de la rivière Grand
in French as a conservation authority under this Act. R.S.O. 1990, c. C.27, s. 7 (1).
(2) The Lieutenant Governor in Council may designate the municipalities that are the
participating municipalities of the Grand River Conservation Authority and the area over which
it has jurisdiction. 2001, c. 9, Sched. K, s. 1 (5).
Grouping of municipalities
8. The participating municipalities may designate any group of municipalities that shall
be considered as one municipality for the purpose of appointing a member or members to a
conservation authority and provide for the appointment of the member or members to be
appointed by a group of municipalities. R.S.O. 1990, c. C.27, s. 8; 1998, c. 18, Sched. I, s. 2.
Establishment of authority for two or more watersheds
9. Where the councils of any three municipalities situate either wholly or partly within
the area comprising two or more watersheds by resolution request the Minister to call a meeting
for the establishment of an authority for such watersheds or any defined parts thereof, the
provisions of sections 2 and 3 apply with necessary modifications. R.S.O. 1990, c. C.27, s. 9.
Enlargement of authority’s area
10. (1) If an authority has been established, the council of a municipality that is
completely or partly outside the jurisdiction of the authority may call a meeting to consider the
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enlargement of the area over which the authority has jurisdiction to include an area specified by
the municipality. 1998, c. 18, Sched. I, s. 3 (1).
Notice of meeting
(1.1) The council of every municipality completely or partly within the jurisdiction of
the authority or the area specified under subsection (1) shall be given notice of the meeting.
1998, c. 18, Sched. I, s. 3 (1).
Representatives
(2) With respect to each municipality so notified, subsection 2 (2) applies. R.S.O. 1990,
c. C.27, s. 10 (2).
Quorum
(3) At any meeting called under this section, a quorum consists of the number of
members of the existing authority required to constitute a quorum of the authority and two-thirds
of the representatives that the municipalities notified are entitled to appoint, but, where not fewer
than two members of the authority and three municipal representatives are present at a meeting
or an adjourned meeting, they may adjourn the meeting or adjourned meeting from time to time.
R.S.O. 1990, c. C.27, s. 10 (3).
Resolution
(4) A joint resolution, passed at a meeting held under this section, at which a quorum
was present, by not less than two-thirds of the members of the authority present at the meeting
and not less than two-thirds of the municipal representatives present at the meeting, agreeing to
the enlargement of the area over which the authority has jurisdiction, amends the order in council
establishing the authority and has the effect of enlarging the area and designating the additional
municipalities and the additional area over which the enlarged authority has jurisdiction in
accordance with the resolution. 1998, c. 18, Sched. I, s. 3 (2).
Amalgamation of authorities
11. (1) If two or more authorities have been established for adjoining watersheds or
parts thereof, one or more of the authorities or the council of a municipality situated completely
or partly within the jurisdiction of one of the authorities may call a meeting to consider the
establishment of one authority to have jurisdiction over the areas that are under separate
jurisdictions. 1998, c. 18, Sched. I, s. 4 (1).
Notice of meeting
(1.1) The council of every municipality situated completely or partly within the
jurisdictions of the authorities shall be given notice of the meeting. 1998, c. 18, Sched. I,
s. 4 (1).
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Representatives
(2) With respect to each municipality so notified, subsection 2 (2) applies. R.S.O. 1990,
c. C.27, s. 11 (2).
Quorum
(3) At any meeting called under this section, a quorum consists of two-thirds of the
representatives that the municipalities notified are entitled to appoint, but, where not fewer than
three representatives are present at a meeting or adjourned meeting, they may adjourn the
meeting or adjourned meeting from time to time. R.S.O. 1990, c. C.27, s. 11 (3).
Resolution
(4) A resolution, passed at a meeting held under this section, at which a quorum was
present, by not less than two-thirds of the representatives present at the meeting, agreeing to the
establishment of one authority, has the effect of establishing the new authority, dissolving the
existing authorities and designating the municipalities that are the participating municipalities
and the area over which the new authority has jurisdiction in accordance with the resolution.
1998, c. 18, Sched. I, s. 4 (2).
Assets and liabilities of former authorities
(5) Upon the establishment of a new authority and the dissolution of the existing
authorities under subsection (4), all the assets and liabilities of the dissolved authorities vest in
and become assets and liabilities of the new authority. R.S.O. 1990, c. C.27, s. 11 (5).
12. Repealed: 1998, c. 18, Sched. I, s. 5.
Participating municipalities following annexation, etc.
13. Where a new municipality is erected or two or more municipalities are amalgamated
or any area is annexed to a municipality and any part of the resulting municipality is within the
area over which an authority has jurisdiction, such resulting municipality shall be deemed to
have been designated a participating municipality by the Lieutenant Governor in Council.
R.S.O. 1990, c. C.27, s. 13.
Dissolution of authority
13.1 (1) An authority shall call a meeting of the members of the authority to consider
the dissolution of the authority if, by resolution, the councils of two or more participating
municipalities request the meeting. 1996, c. 1, Sched. M, s. 41.
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Quorum
(2) Despite subsection 16 (2), a quorum at a meeting called under this section consists of
two-thirds of the members of the authority who were appointed by participating municipalities.
1996, c. 1, Sched. M, s. 41.
Members not entitled to vote
(3) Despite subsection 16 (1), members of the authority who were appointed by the
Lieutenant Governor in Council before section 42 of Schedule M of the Savings and
Restructuring Act, 1996 came into force are not entitled to vote at a meeting held under this
section. 1996, c. 1, Sched. M, s. 41.
Notice of meeting
(4) The authority shall ensure that notice of the meeting is published in a newspaper
having general circulation in each participating municipality at least 14 days before the meeting.
1996, c. 1, Sched. M, s. 41.
Public representations
(5) No vote shall be taken on a resolution requesting dissolution of the authority unless
members of the public have been given an opportunity at the meeting to make representations on
the issue. 1996, c. 1, Sched. M, s. 41.
Criteria for dissolution
(6) The Lieutenant Governor in Council may dissolve the authority, on such terms and
conditions as the Lieutenant Governor in Council considers appropriate, if,
(a)
the Minister receives a resolution requesting the dissolution passed by at least
two-thirds of the members of the authority present and entitled to vote at a meeting held under
this section and at which a quorum was present;
(b)
the Minister is satisfied that acceptable provision has been made for future flood
control and watershed interests and for the disposition of all assets and liabilities of the authority;
and
(c)
the Minister of the Environment is satisfied that acceptable provision has been
made for future protection of drinking water sources. 1996, c. 1, Sched. M, s. 41; 2006, c. 22,
s. 113 (1).
Authority continued by s. 5, 6 or 7
(7) If an authority continued by section 5, 6 or 7 is dissolved under subsection (6), the
Lieutenant Governor may, by proclamation, repeal that section on a day named in the
proclamation. 1996, c. 1, Sched. M, s. 41.
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Members of authority
14. (1) Members of an authority shall be appointed by the respective councils of the
participating municipalities in the numbers prescribed by subsection 2 (2) for the appointment of
representatives, and each member shall hold office until the first meeting of the authority after
the term for which he or she was appointed has expired. R.S.O. 1990, c. C.27, s. 14 (1).
Changes in number of members
(2) The total number of members of the authority and the number of members that each
participating municipality may appoint shall be adjusted as required to ensure compliance with
subsection (1) if the municipalities that are participating municipalities change or the population
of a participating municipality changes. 2001, c. 9, Sched. K, s. 1 (6).
Agreement on number of members
(2.1) Despite subsections (1), (2) and (5), the total number of members of the authority
and the number of members that each participating municipality may appoint may be determined
by an agreement that is confirmed by resolutions passed by the councils of all of the participating
municipalities. 2001, c. 9, Sched. K, s. 1 (6).
Qualification
(3) Every member of an authority shall be resident in a participating municipality in
which the authority has jurisdiction. R.S.O. 1990, c. C.27, s. 14 (3).
Term
(4) No member of an authority shall be appointed to hold office for more than three
years at any one time. R.S.O. 1990, c. C.27, s. 14 (4).
Where part of municipality in authority’s area
(5) Where part only of a municipality is situated in an area over which an authority has
jurisdiction, the number of members appointed for the municipality shall be based on the
population of that part only of the municipality, and the population shall be deemed to be the
same proportion of the total population of the whole municipality as the area of that part of the
municipality is of the total area of the municipality. R.S.O. 1990, c. C.27, s. 14 (5).
(6) Repealed: 1996, c. 1, Sched. M, s. 42.
Meetings of authority
15. (1) The first meeting of an authority shall be held at such time and place as may be
determined by the Minister and, in each year thereafter, the authority shall hold at least one
meeting before the 1st day of March and at least one meeting after the 1st day of July and such
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other meetings as it considers necessary to effectively conduct the affairs of the authority.
R.S.O. 1990, c. C.27, s. 15 (1).
Copies of minutes to members
(2) Within 30 days after any meeting of an authority or of an executive committee, the
secretary-treasurer of the authority shall send a copy of the minutes of the meeting to each
member of the authority. R.S.O. 1990, c. C.27, s. 15 (2); 1998, c. 18, Sched. I, s. 7.
Decision-making at meetings
16. (1) Each member of an authority is entitled to one vote. 1998, c. 18, Sched, I, s. 8.
Quorum
(2) At any meeting of an authority, a quorum consists of one-half of the members
appointed by the participating municipalities, except where there are fewer than six such
members, in which case three such members constitute a quorum. R.S.O. 1990, c. C.27,
s. 16 (2); 2006, c. 22, s. 113 (2).
Majority vote
(3) A majority vote of the members present at any meeting is required upon all matters
coming before the meeting. R.S.O. 1990, c. C.27, s. 16 (3).
Chair, vice-chair
17. (1) At the first meeting of an authority and thereafter at the first meeting held in each
year, the authority shall appoint a chair and one or more vice-chairs from among the members of
the authority. 1996, c. 1, Sched. M, s. 43.
Vacancy
(2) Subject to subsection (1), upon the death of the chair or a vice-chair, or upon the
incapacity of the chair or a vice-chair to act, or upon the chair or a vice-chair ceasing to be a
member of the authority, the remaining members may appoint a member to fill such vacancy.
R.S.O. 1990, c. C.27, s. 17 (2).
Absence of chair and vice-chairs
(3) In the event of the absence of the chair and the vice-chairs from any meeting of an
authority, the members present shall appoint an acting chair who, for the purposes of such
meeting, has all the powers and shall perform all the duties of the chair. R.S.O. 1990, c. C.27,
s. 17 (3).
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Employees and advisory boards
Employees
18. (1) An authority shall appoint a secretary-treasurer and may appoint such other
employees as it considers necessary who shall hold office during the pleasure of the authority
and shall receive such salary or other remuneration as the authority determines, payable out of
the funds of the authority. R.S.O. 1990, c. C.27, s. 18 (1).
Advisory boards
(2) An authority may appoint one or more advisory boards. R.S.O. 1990, c. C.27,
s. 18 (2).
Executive committee
19. (1) The authority may appoint an executive committee from among the members of
the authority. R.S.O. 1990, c. C.27, s. 19 (1).
Chair, vice-chair
(2) The chair and vice-chair of the authority shall be the chair and vice-chair of the
executive committee. R.S.O. 1990, c. C.27, s. 19 (2).
(3) Repealed: 1998, c. 18, Sched. I, s. 9.
Objects
20. (1) The objects of an authority are to establish and undertake, in the area over which
it has jurisdiction, a program designed to further the conservation, restoration, development and
management of natural resources other than gas, oil, coal and minerals. R.S.O. 1990, c. C.27,
s. 20.
Same
(2) Despite subsection (1) and subject to any other legislation pertaining to these
resources, authorities may enter into agreements to allow exploration, storage and extraction by
others in order to share in the revenue from use of gas or oil resources owned by them if,
(a)
the use is compatible with the conservation, restoration, development and
management of other natural resources; and
(b)
extraction occurs on land adjacent to, but not on, conservation authority land.
1998, c. 18, Sched. I, s. 10.
Powers of authorities
21. (1) For the purposes of accomplishing its objects, an authority has power,
(a)
to study and investigate the watershed and to determine a program whereby the
natural resources of the watershed may be conserved, restored, developed and managed;
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(b)
for any purpose necessary to any project under consideration or undertaken by the
authority, to enter into and upon any land and survey and take levels of it and make such borings
or sink such trial pits as the authority considers necessary;
(c)
to acquire by purchase, lease or otherwise and to expropriate any land that it may
require, and, subject to subsection (2), to sell, lease or otherwise dispose of land so acquired;
(d)
despite subsection (2), to lease for a term of five years or less land acquired by the
authority;
(e)
to purchase or acquire any personal property that it may require and sell or
otherwise deal therewith;
(f)
to enter into agreements for the purchase of materials, employment of labour and
other purposes as may be necessary for the due carrying out of any project;
(g)
to enter into agreements with owners of private lands to facilitate the due carrying
out of any project;
(h)
to determine the proportion of the total benefit afforded to all the participating
municipalities that is afforded to each of them;
(i)
to erect works and structures and create reservoirs by the construction of dams or
otherwise;
(j)
to control the flow of surface waters in order to prevent floods or pollution or to
reduce the adverse effects thereof;
(k)
to alter the course of any river, canal, brook, stream or watercourse, and divert or
alter, as well temporarily as permanently, the course of any river, stream, road, street or way, or
raise or sink its level in order to carry it over or under, on the level of or by the side of any work
built or to be built by the authority, and to divert or alter the position of any water-pipe, gas-pipe,
sewer, drain or any telegraph, telephone or electric wire or pole;
(l)
to use lands that are owned or controlled by the authority for purposes, not
inconsistent with its objects, as it considers proper;
(m)
to use lands owned or controlled by the authority for park or other recreational
purposes, and to erect, or permit to be erected, buildings, booths and facilities for such purposes
and to make charges for admission thereto and the use thereof;
(m.1) to charge fees for services approved by the Minister;
(n)
to collaborate and enter into agreements with ministries and agencies of
government, municipal councils and local boards and other organizations;
(o)
to plant and produce trees on Crown lands with the consent of the Minister, and
on other lands with the consent of the owner, for any purpose;
(p)
to cause research to be done;
(q)
generally to do all such acts as are necessary for the due carrying out of any
project. R.S.O. 1990, c. C.27, s. 21; 1996, c. 1, Sched. M, s. 44 (1, 2); 1998, c. 18, Sched. I,
s. 11.
Approval of Minister
(2) If the Minister has made a grant to an authority under section 39 in respect of land,
the authority shall not sell, lease or otherwise dispose of the land under clause (1) (c) without the
approval of the Minister except if,
(a)
the disposition is for provincial or municipal infrastructure and utility purposes;
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(b)
the province, the provincial agency, board or commission affected by the
disposition or the municipal government, agency, board or commission affected by the
disposition has approved it; and
(c)
the authority informs the Minister of the disposition. 2010, c. 16, Sched. 10, s. 1
(1).
Terms and conditions
(3) The Minister may impose terms and conditions on an approval given under
subsection (2), including a condition that the authority pay a specified share of the proceeds of
the disposition to the Minister. 1996, c. 1, Sched. M, s. 44 (3).
Agreement re road
22. An authority and any municipality may enter into agreement for the construction or
maintenance of a road or the reconstruction or maintenance of an existing road under the
jurisdiction of the municipality for the purpose of providing access to lands of the authority used
or to be used for park or recreational purposes. R.S.O. 1990, c. C.27, s. 22.
Minister’s powers
23. (1) Despite any powers conferred on an authority by this Act, the Minister may,
when and for such periods as he or she considers necessary in the public interest,
(a)
require an authority to carry out flood control operations in a manner specified by
the Minister;
(b)
require an authority to follow instructions issued by the Minister for the operation
of one or more of the authority’s water control structures; or
(c)
take over the operation of one or more of an authority’s water control structures
and require the authority to reimburse the Minister for any costs incurred by the Minister as a
result. 1996, c. 1, Sched. M, s. 45.
Areas not under jurisdiction of authority
(2) Despite any powers conferred on the council of a municipality under this or any other
Act, in an area that is not under the jurisdiction of an authority, the Minister may, when and for
such periods as he or she considers necessary in the public interest,
(a)
require the council of a municipality to carry out flood control operations in a
manner specified by the Minister;
(b)
require the council of a municipality to follow instructions issued by the Minister
for the operation of one or more of the water control structures operated by the council; or
(c)
take over the operation of one or more of the water control structures operated by
the council of a municipality and require the council to reimburse the Minister for any costs
incurred by the Minister as a result. 1996, c. 1, Sched. M, s. 45.
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Definition
(3) In subsection (2),
“municipality” includes an upper-tier municipality. 2002, c. 17, Sched. F, Table.
Projects of authority
24. (1) Before proceeding with a project, the authority shall file plans and a description
with the Minister and obtain his or her approval in writing. 1996, c. 32, s. 66 (1).
(2) Repealed: 1996, c. 32, s. 66 (1).
Notice re raising of portion of cost
(3) When the statement of apportionment of the cost of any project requires a
municipality to raise any portion of the cost in a subsequent year or years, the council shall,
within thirty days after it receives the notice of apportionment, notify the authority in writing
whether the portion of the cost will be provided by the issue of debentures or raised by taxation
in the subsequent year or years. R.S.O. 1990, c. C.27, s. 24 (3).
Time for notice where apportionment under review
(4) When a municipal council has, in accordance with subsection 25 (2), notified the
secretary of the Ontario Municipal Board that it is dissatisfied with any apportionment, the time
allowed for notifying the authority under subsection (3) shall be reckoned from the date of the
order confirming or varying the apportionment. R.S.O. 1990, c. C.27, s. 24 (4).
(5) Repealed: 1996, c. 32, s. 66 (2).
Approval of works on lakes or rivers
(6) Despite the Lakes and Rivers Improvement Act, a project for the construction of
dams or other works on a lake or river that has been approved under this section does not require
approval under that Act. R.S.O. 1990, c. C.27, s. 24 (6).
Application
(7) This section does not apply to a project unless the project involves money granted by
the Minister under section 39. 1996, c. 1, Sched. M, s. 46.
Apportionment of benefit
25. (1) When an authority has determined the proportion of the total benefit of any
project afforded to all the participating municipalities that is afforded to each of them, it shall
cause a notice containing a statement of the apportionment to be sent to the council of each
participating municipality by registered mail. R.S.O. 1990, c. C.27, s. 25 (1).
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Review of apportionment by O.M.B
.
(2) Any municipal council that is dissatisfied with any apportionment may, within thirty
days after it receives notice of the apportionment, notify the secretary of the Ontario Municipal
Board and the authority in writing by registered mail that it applies for a review of the
apportionment by the Ontario Municipal Board. R.S.O. 1990, c. C.27, s. 25 (2).
Hearing
(3) Upon application, the Ontario Municipal Board shall fix a date for the hearing of all
interested parties and shall give all necessary directions for the hearing. R.S.O. 1990, c. C.27,
s. 25 (3).
Powers of O.M.B. on hearing
(4) The Ontario Municipal Board has authority to take evidence, to confirm or vary the
apportionment of the authority and to fix and award costs, and its decision is final and conclusive
and is not open to appeal. R.S.O. 1990, c. C.27, s. 25 (4).
Variation of apportionment
(5) In the event of the authority varying any apportionment made by it, this section
applies with necessary modifications. R.S.O. 1990, c. C.27, s. 25 (5).
Determination of capital expenditure
26. (1) An authority may, from time to time, determine what money will be required for
capital expenditure in connection with any project. R.S.O. 1990, c. C.27, s. 26 (1).
Portion to be raised by participating municipalities
(2) The portion of the money so required that each participating municipality shall raise
shall be in the same proportion as the benefit derived by each such municipality bears to the total
benefit derived by all participating municipalities. R.S.O. 1990, c. C.27, s. 26 (2).
How money to be raised
(3) Upon notice in writing of the amount required to be raised, signed by the secretarytreasurer of the authority, each participating municipality shall raise by the issue of debentures or
otherwise such money as may be required by the authority for capital expenditure. R.S.O. 1990,
c. C.27, s. 26 (3); 1996, c. 32, s. 66 (3).
Enforcement of payment
(4) Subject to subsection (3), an authority may enforce payment against any participating
municipality of the portion of the capital cost required to be raised by the municipality as a debt
due by the municipality to the authority. R.S.O. 1990, c. C.27, s. 26 (4).
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Where only part of municipality in area
(5) Where only a part of a participating municipality is situated in the area over which
the authority has jurisdiction, the portion of the money required to be raised by that municipality
for capital expenditure may be charged only against the rateable property in that part of the
municipality. R.S.O. 1990, c. C.27, s. 26 (5).
(6) Repealed: 1994, c. 27, s. 127.
Maintenance and administration costs
27. (1) Repealed: 1997, c. 29, s. 54 (1).
Apportionment of maintenance costs
(2) Subject to the regulations made under subsection (16), after determining the
approximate maintenance costs for the succeeding year, the authority shall apportion the costs to
the participating municipalities according to the benefit derived or to be derived by each
municipality, and the amount apportioned to each such municipality shall be levied against the
municipality. R.S.O. 1990, c. C.27, s. 27 (2); 1996, c. 1, Sched. M, s. 47 (1).
Apportionment of administration costs
(3) Subject to the regulations made under subsection (16), after determining the
approximate administration costs for the succeeding year, the authority shall apportion the costs
to the participating municipalities and the amount apportioned to each such municipality shall be
levied against the municipality. 1997, c. 29, s. 54 (2).
Minimum levy for administration costs
(4) Subject to the regulations made under subsection (16), an authority may establish a
minimum sum that may be levied for administration costs by the authority against a participating
municipality, and, where the amount apportioned to any municipality under subsection (3) is less
than the minimum sum, the authority may levy the minimum sum against the municipality.
R.S.O. 1990, c. C.27, s. 27 (4); 1996, c. 1, Sched. M, s. 47 (3).
Notice of apportionment
(5) The secretary-treasurer of the authority, forthwith after the amounts have been
apportioned under subsections (2), (3) and (4), shall certify to the clerk of each participating
municipality the total amount that has been levied under those subsections, and the amount shall
be collected by the municipality in the same manner as municipal taxes for general purposes.
R.S.O. 1990, c. C.27, s. 27 (5).
Levy where only part of municipality in area
(6) Where only a part of a participating municipality is situated in the area over which
the authority has jurisdiction, the amount apportioned to that municipality may be charged only
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against the rateable property in that part of the municipality and shall be collected in the same
manner as municipal taxes for general purposes. R.S.O. 1990, c. C.27, s. 27 (6).
Enforcement of payment
(7) An authority may enforce payment against any participating municipality of any
portion of the maintenance costs or administration costs levied against the municipality as a debt
due by the municipality to the authority. R.S.O. 1990, c. C.27, s. 27 (7).
Appeal
(8) A municipality against which a levy is made under this section may appeal the levy
to the Mining and Lands Commissioner appointed under the Ministry of Natural Resources Act.
1996, c. 1, Sched. M, s. 47 (4).
Time for appeal
(9) The appeal must be commenced within 30 days after the municipality receives notice
of the levy from the authority. 1996, c. 1, Sched. M, s. 47 (4).
Parties
(10) The parties to the appeal are the municipality, the authority and any other person
added as a party by the Commissioner. 1996, c. 1, Sched. M, s. 47 (4).
Compliance pending determination
(11) The municipality shall comply with the levy pending the determination of the
appeal. 1996, c. 1, Sched. M, s. 47 (4).
Matters to be considered at hearing
(12) The Commissioner shall hold a hearing on the appeal and shall consider,
(a)
whether the levy complies with this section and the regulations made under
subsection (16); and
(b)
whether the levy is otherwise appropriate. 1996, c. 1, Sched. M, s. 47 (4).
Powers of Commissioner
(13) The Commissioner may, by order, confirm, rescind or vary the amount of the levy
and may order the authority or the municipality to pay any amount owing as a result. 1996, c. 1,
Sched. M, s. 47 (4).
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No appeal
(14) No appeal lies from the decision of the Commissioner. 1996, c. 1, Sched. M,
s. 47 (4).
When subss. (8-14) begin to apply
(15) Subsections (8) to (14) do not apply until the first regulation made under
subsection (16) comes into force. 1996, c. 1, Sched. M, s. 47 (4).
Regulations re levies
(16) The Lieutenant Governor in Council may make regulations governing the nature
and amount of the levies made by authorities under this section, including regulations that
restrict or prohibit the making of levies described in the regulations. 1996, c. 1, Sched. M,
s. 47 (4).
Regulations by authority re area under its jurisdiction
28. (1) Subject to the approval of the Minister, an authority may make regulations
applicable in the area under its jurisdiction,
(a)
restricting and regulating the use of water in or from rivers, streams, inland lakes,
ponds, wetlands and natural or artificially constructed depressions in rivers or streams;
(b)
prohibiting, regulating or requiring the permission of the authority for
straightening, changing, diverting or interfering in any way with the existing channel of a river,
creek, stream or watercourse, or for changing or interfering in any way with a wetland;
(c)
prohibiting, regulating or requiring the permission of the authority for
development if, in the opinion of the authority, the control of flooding, erosion, dynamic beaches
or pollution or the conservation of land may be affected by the development;
(d)
providing for the appointment of officers to enforce any regulation made under
this section or section 29;
(e)
providing for the appointment of persons to act as officers with all of the powers
and duties of officers to enforce any regulation made under this section. 1998, c. 18, Sched. I,
s. 12.
Delegation of powers
(2) A regulation made under subsection (1) may delegate any of the authority’s powers
or duties under the regulation to the authority’s executive committee or to any other person or
body, subject to any limitations and requirements that may be set out in the regulation. 1998,
c. 18, Sched. I, s. 12.
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Conditional permission
(3) A regulation made under clause (1) (b) or (c) may provide for permission to be
granted subject to conditions and for the cancellation of the permission if conditions are not met.
1998, c. 18, Sched. I, s. 12.
References to maps
(4) A regulation made under subsection (1) may refer to any area affected by the
regulation by reference to one or more maps that are filed at the head office of the authority and
are available for public review during normal office business hours. 1998, c. 18, Sched. I, s. 12.
Minister’s approval of development regulations
(5) The Minister shall not approve a regulation made under clause (1) (c) unless the
regulation applies only to areas that are,
(a)
adjacent or close to the shoreline of the Great Lakes-St. Lawrence River System
or to inland lakes that may be affected by flooding, erosion or dynamic beach hazards;
(b)
river or stream valleys;
(c)
hazardous lands;
(d)
wetlands; or
(e)
other areas where, in the opinion of the Minister, development should be
prohibited or regulated or should require the permission of the authority. 1998, c. 18, Sched. I,
s. 12.
Regulations by L.G. in C. governing content of authority’s regulations
(6) The Lieutenant Governor in Council may make regulations governing the content of
regulations made by authorities under subsection (1), including flood event standards and other
standards that may be used, and setting out what must be included or excluded from regulations
made by authorities under subsection (1). 1998, c. 18, Sched. I, s. 12.
Invalid regulation
(7) A regulation made by an authority under subsection (1) that does not conform with
the requirements of a regulation made by the Lieutenant Governor in Council under subsection
(6) is not valid. 1998, c. 18, Sched. I, s. 12.
Transition
(8) Subject to subsection (9), if a regulation is made by the Lieutenant Governor in
Council under subsection (6), subsection (7) does not apply to a regulation that was previously
made by an authority under subsection (1) until two years after the regulation made by the
Lieutenant Governor in Council comes into force. 1998, c. 18, Sched. I, s. 12.
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Same
(9) If a regulation made by the Lieutenant Governor in Council under subsection (6) is
amended by an amending regulation, subsection (7) does not apply, in respect of the amendment,
to a regulation that was made by an authority under subsection (1) before the amending
regulation, until such time as may be specified in the amending regulation. 1998, c. 18, Sched. I,
s. 12.
Exceptions
(10) No regulation made under subsection (1),
(a)
shall limit the use of water for domestic or livestock purposes;
(b)
shall interfere with any rights or powers conferred upon a municipality in respect
of the use of water for municipal purposes;
(c)
shall interfere with any rights or powers of any board or commission that is
performing its functions for or on behalf of the Government of Ontario; or
(d)
shall interfere with any rights or powers under the Electricity Act, 1998 or the
Public Utilities Act. 1998, c. 15, Sched. E, s. 3 (8); 1998, c. 18, Sched. I, s. 12.
Activities under the Aggregate Resources Act
(11) A requirement for permission of an authority in a regulation made under clause (1)
(b) or (c) does not apply to an activity approved under the Aggregate Resources Act after the
Red Tape Reduction Act, 1998 received Royal Assent. 1998, c. 18, Sched. I, s. 12.
Right to hearing
(12) Permission required under a regulation made under clause (1) (b) or (c) shall not be
refused or granted subject to conditions unless the person requesting the permission has been
given the opportunity to require a hearing before the authority or, if the authority so directs,
before the authority’s executive committee. 1998, c. 18, Sched. I, s. 12.
Powers of authority
(13) After holding a hearing under subsection (12), the authority or executive committee,
as the case may be, shall,
(a)
refuse the permission; or
(b)
grant the permission, with or without conditions. 1998, c. 18, Sched. I, s. 12.
Grounds for refusing permission
(13.1) If the permission that the person requests is for development related to a
renewable energy project, as defined in section 1 of the Green Energy Act, 2009, the authority or
executive committee, as the case may be,
(a)
shall not refuse the permission unless it is necessary to do so to control pollution,
flooding, erosion or dynamic beaches; and
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(b)
shall not impose conditions unless they relate to controlling pollution, flooding,
erosion or dynamic beaches. 2009, c. 12, Sched. L, s. 2.
Reasons for decision
(14) If the authority or its executive committee, after holding a hearing, refuses
permission or grants permission subject to conditions, the authority or executive committee, as
the case may be, shall give the person who requested permission written reasons for the decision.
1998, c. 18, Sched. I, s. 12.
Appeal
(15) A person who has been refused permission or who objects to conditions imposed on
a permission may, within 30 days of receiving the reasons under subsection (14), appeal to the
Minister who may,
(a)
refuse the permission; or
(b)
grant the permission, with or without conditions. 1998, c. 18, Sched. I, s. 12.
Offence: contravening regulation
(16) Every person who contravenes a regulation made under subsection (1) or the terms
and conditions of a permission of an authority in a regulation made under clause (1) (b) or (c) is
guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to a term of
imprisonment of not more than three months. 1998, c. 18, Sched. I, s. 12; 2010, c. 16, Sched. 10,
s. 1 (2).
Limitation for proceeding
(16.1) A proceeding with respect to an offence under subsection (16) shall not be
commenced more than two years from the earliest of the day on which evidence of the offence is
discovered or first comes to the attention of officers appointed under clause (1) (d) or persons
appointed under clause (1) (e). 2010, c. 16, Sched. 10, s. 1 (3).
Orders
(17) In addition to any other remedy or penalty provided by law, the court, upon making
a conviction under subsection (16), may order the person convicted to,
(a)
remove, at that person’s expense, any development within such reasonable time as
the court orders; and
(b)
rehabilitate any watercourse or wetland in the manner and within the time the
court orders. 1998, c. 18, Sched. I, s. 12.
Non-compliance with order
(18) If a person does not comply with an order made under subsection (17), the authority
having jurisdiction may, in the case of a development, have it removed and, in the case of a
watercourse or wetland, have it rehabilitated. 1998, c. 18, Sched. I, s. 12.
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Liability for certain costs
(19) The person convicted is liable for the cost of a removal or rehabilitation under
subsection (18) and the amount is recoverable by the authority by action in a court of competent
jurisdiction. 1998, c. 18, Sched. I, s. 12.
Powers of entry
(20) An authority or an officer appointed under a regulation made under clause (1) (d) or
(e) may enter private property, other than a dwelling or building, without the consent of the
owner or occupier and without a warrant, if,
(a)
the entry is for the purpose of considering a request related to the property for
permission that is required by a regulation made under clause (1) (b) or (c); or
(b)
the entry is for the purpose of enforcing a regulation made under clause (1) (a),
(b) or (c) and the authority or officer has reasonable grounds to believe that a contravention of
the regulation is causing or is likely to cause significant environmental damage and that the entry
is required to prevent or reduce the damage. 1998, c. 18, Sched. I, s. 12.
Time of entry
(21) Subject to subsection (22), the power to enter property under subsection (20) may
be exercised at any reasonable time. 1998, c. 18, Sched. I, s. 12.
Notice of entry
(22) The power to enter property under subsection (20) shall not be exercised unless,
(a)
the authority or officer has given reasonable notice of the entry to the owner of
the property and, if the occupier of the property is not the owner, to the occupier of the property;
or
(b)
the authority or officer has reasonable grounds to believe that significant
environmental damage is likely to be caused during the time that would be required to give
notice under clause (a). 1998, c. 18, Sched. I, s. 12.
No use of force
(23) Subsection (20) does not authorize the use of force. 1998, c. 18, Sched. I, s. 12.
Offence: obstruction
(24) Any person who prevents or obstructs an authority or officer from entering property
under subsection (20) is guilty of an offence and on conviction is liable to a fine of not more than
$10,000. 1998, c. 18, Sched. I, s. 12.
Definitions
(25) In this section,
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“development” means,
(a)
the construction, reconstruction, erection or placing of a building or structure of
any kind,
(b)
any change to a building or structure that would have the effect of altering the use
or potential use of the building or structure, increasing the size of the building or structure or
increasing the number of dwelling units in the building or structure,
(c)
site grading, or
(d)
the temporary or permanent placing, dumping or removal of any material,
originating on the site or elsewhere; (“aménagement”)
“hazardous land” means land that could be unsafe for development because of naturally
occurring processes associated with flooding, erosion, dynamic beaches or unstable soil or
bedrock; (“terrain dangereux”)
“pollution” means any deleterious physical substance or other contaminant that has the potential
to be generated by development in an area to which a regulation made under clause (1) (c)
applies; (“pollution”)
“watercourse” means an identifiable depression in the ground in which a flow of water regularly
or continuously occurs; (“cours d’eau”)
“wetland” means land that,
(a)
is seasonally or permanently covered by shallow water or has a water table close
to or at its surface,
(b)
directly contributes to the hydrological function of a watershed through
connection with a surface watercourse,
(c)
has hydric soils, the formation of which has been caused by the presence of
abundant water, and
(d)
has vegetation dominated by hydrophytic plants or water tolerant plants, the
dominance of which has been favoured by the presence of abundant water,
but does not include periodically soaked or wet land that is used for agricultural purposes and no
longer exhibits a wetland characteristic referred to in clause (c) or (d). (“terre marécageuse”)
1998, c. 18, Sched. I, s. 12.
Transition
(26) A regulation that was in force immediately before the day the Red Tape Reduction
Act, 1998 received Royal Assent and that was lawfully made under clause (1) (e) or (f) of this
section as it read immediately before that day shall be deemed to have been lawfully made under
clause (1) (c). 1998, c. 18, Sched. I, s. 12.
Regulations by authority re lands owned by it
29. (1) An authority may make regulations applicable to lands owned by the authority,
(a)
regulating and governing the use by the public of the lands and the works,
vehicles, boats, services and things of the authority;
(b)
providing for the protection and preservation from damage of the property of the
authority;
(c)
prescribing fees for the occupation and use of lands and works, vehicles, boats,
recreational facilities and services;
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(d)
prescribing permits designating privileges in connection with use of the lands or
any part thereof and prescribing fees for permits;
(e)
regulating and governing vehicular and pedestrian traffic and prohibiting the use
of any class of vehicle or classes of vehicles;
(f)
prohibiting or regulating and governing the erection, posting up or other display
of notices, signs, sign boards and other advertising devices;
(g)
prescribing terms and conditions under which horses, dogs and other animals may
be allowed on the lands or any part thereof;
(h)
subject to the Forest Fires Prevention Act and the regulations made thereunder,
prohibiting or regulating and governing the use, setting and extinguishment of fires. R.S.O.
1990, c. C.27, s. 29 (1); 1998, c. 18, Sched. I, s. 13 (1).
Regulations by L.G. in C. governing content of authority’s regulations
(1.1) The Lieutenant Governor in Council may make regulations governing the content
of regulations made under subsection (1), including the standards that may be used, and setting
out what must be included or excluded from regulations made under subsection (1). 1998, c. 18,
Sched. I, s. 13 (2).
Invalid regulation
(1.2) A regulation made under subsection (1) that does not conform with the
requirements of a regulation made under subsection (1.1) is not valid unless it has been approved
by the Minister. 1998, c. 18, Sched. I, s. 13 (2).
Offence: contravening regulation
(2) Every person who contravenes any regulation made under this section is guilty of an
offence and on conviction is liable to a fine of not more than $1,000. R.S.O. 1990, c. C.27,
s. 29 (2); 1998, c. 18, Sched. I, s. 13 (3).
Regulations by authority: mandatory regulations
30. (1) Subject to the approval of the Minister, an authority shall make regulations,
(a)
providing for the calling of meetings of the authority and prescribing the
procedure at those meetings;
(b)
prescribing the powers and duties of the secretary-treasurer;
(c)
designating and empowering officers to sign contracts, agreements and other
documents on behalf of the authority; and
(d)
delegating all or any of its powers to the executive committee except,
(i)
the termination of the services of the secretary-treasurer,
(ii)
the power to raise money, and
(iii)
the power to enter into contracts or agreements other than those contracts or
agreements as are necessarily incidental to the works approved by the authority. R.S.O. 1990,
c. C.27, s. 30 (1).
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Time for making regulations
(2) Every authority shall make regulations under subsection (1) within one year after its
establishment. R.S.O. 1990, c. C.27, s. 30 (2).
Legislation Act, 2006
(3) Part III (Regulations) of the Legislation Act, 2006 does not apply to regulations made
under this section. 2006, c. 21, Sched. F, s. 105.
Restriction on entry
30.1 (1) An authority or an officer appointed under a regulation made under clause 28
(1) (d) or (e) shall not enter land without,
(a)
the consent of the owner of the land and, if the occupier of the land is not the
owner, the consent of the occupier of the land; or
(b)
the authority of a warrant under the Provincial Offences Act. 1998, c. 18, Sched.
I, s. 14.
Exceptions
(2) Subsection (1) does not apply to entry under clause 21 (1) (b) or subsection 28 (20).
1998, c. 18, Sched. I, s. 14.
Expropriation
31. The Expropriations Act applies where land is expropriated by an authority or where
land is injuriously affected by an authority in the exercise of its statutory powers. R.S.O. 1990,
c. C.27, s. 31.
Restrictions on projects
Crown land affected
32. (1) Where any land required for the carrying out of a project or a part thereof is
Crown land, a plan and description of the land prepared and signed by an Ontario land surveyor
and signed by the chair or vice-chair of the authority shall be deposited with the Minister, and the
project or the part thereof shall not be proceeded with until the authority has received the
approval in writing of the Minister. R.S.O. 1990, c. C.27, s. 32 (1).
Interference with public work
(2) Where a project or a part thereof may interfere with a public work of Ontario, the
authority shall file with the Minister of Infrastructure a plan and description of the project or a
part thereof together with a statement of the interference with the public work that may occur and
a statement of the manner in which the authority proposes to remedy the interference, and the
project or the part thereof shall not be proceeded with until the authority has received the
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approval in writing of the Minister of Infrastructure. R.S.O. 1990, c. C.27, s. 32 (2); 1998, c. 15,
Sched. E, s. 3 (3); 2011, c. 9, Sched. 27, s. 22.
Interference with highway
(3) Where a project or a part thereof will interfere with a public road or highway, the
authority shall file with the Minister of Transportation a plan and description of the project or a
part thereof together with a statement of the interference with the public road or highway that
will occur and a statement of the manner in which the authority proposes to remedy the
interference, and the project or the part thereof shall not be proceeded with until the authority has
received the approval in writing of the Minister of Transportation. R.S.O. 1990, c. C.27,
s. 32 (3).
Costs, how to be borne
(4) The cost of rebuilding any road, highway, bridge, public work or any part thereof and
the cost of any other work that any of the Ministers of the Crown may require to be done under
this section shall be borne by the authority, except where an agreement providing for payment
thereof in some other manner has been entered into with the Crown in right of Ontario. R.S.O.
1990, c. C.27, s. 32 (4); 1998, c. 15, Sched. E, s. 3 (4).
Assessment of lands of authority
33. (1) Land vested in an authority, except works erected by an authority for the
purposes of a project, is taxable for municipal purposes by levy under section 312 of the
Municipal Act, 2001 or section 277 of the City of Toronto Act, 2006, as the case may be, upon
the assessment and classification of such land determined in each year by the Municipal Property
Assessment Corporation and the land shall be assessed under the Assessment Act as if the works
erected by the authority on the land had not been erected. 1997, c. 5, s. 64 (1); 1997, c. 43,
Sched. G, s. 19; 2001, c. 8, s. 203; 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 8.
Assessment of rented property
(2) Despite subsection (1), section 18 of the Assessment Act applies with necessary
modifications in respect of lands vested in an authority. R.S.O. 1990, c. C.27, s. 33 (2).
Notice
(3) The Municipal Property Assessment Corporation shall deliver or mail to each
authority concerned and to the clerk of each municipality in which any of the land is situated a
notice setting out the assessment and the classification of the land in the municipality. 1997,
c. 5, s. 64 (2); 1997, c. 43, Sched. G, s. 19; 2001, c. 8, s. 203.
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Reconsideration under Assessment Act
(4) The authority may request a reconsideration under section 39.1 of the Assessment
Act. 1997, c. 5, s. 64 (3).
Appeal to the Assessment Review Board
(5) The authority or the municipality may appeal to the Assessment Review Board under
section 40 of the Assessment Act and the last day for appealing is the day that is 90 days after the
authority or the clerk of the municipality, as applicable, is notified. 2008, c. 7, Sched. A, s. 19.
Assessment Act to apply
(6) The Assessment Act applies, with necessary modifications, with respect to a request
for a reconsideration or an appeal. 2008, c. 7, Sched. A, s. 19.
(7) Repealed: 1997, c. 5, s. 64 (3).
Assessment for next year’s taxation
(8) The assessment of land under subsection (1) shall be determined by the Municipal
Property Assessment Corporation in each year for the purpose of taxation in the following year.
R.S.O. 1990, c. C.27, s. 33 (8); 1997, c. 5, s. 64 (4); 1997, c. 43, Sched. G, s. 19; 2001, c. 8, s.
203.
Cemetery lands
34. (1) Where the carrying out of a project will require the use of a cemetery or other
place of interment of human remains, the authority shall acquire other suitable lands for the
interment of the bodies contained in the cemetery or other place of interment. R.S.O. 1990,
c. C.27, s. 34 (1).
Notice to plot owners
(2) The authority shall forward a notice to the owner of each lot in the cemetery or other
place of interment, but, if the owner or the owner’s whereabouts is unknown, the notice shall,
wherever possible, be forwarded to some other person having an interest in the plot through
relationship or otherwise to a deceased person buried therein. R.S.O. 1990, c. C.27, s. 34 (2).
Publication of notice
(3) The authority shall also cause a notice to be published once a week for at least three
weeks in a newspaper having general circulation in the locality where the cemetery or other
place of interment is located, which notice shall state,
(a)
that the cemetery or other place of interment has been acquired for the purposes of
the authority;
(b)
that other land, describing it, has been acquired by the authority for the purpose of
reinterring the bodies;
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(c)
that the authority will at its own expense proceed to remove the bodies from the
cemetery or other place of interment to the lands acquired for reinterment at a time not less than
one month after the forwarding or third publication of the notice, whichever is the later date; and
(d)
that the owner of any plot in the cemetery or other place of interment, or any other
person with the approval of the authority, may cause any body interred in the cemetery or other
place of interment to be removed to any other place of interment at the expense of the owner or
person if the owner or person obtains permission from the authority and effects the removal
within one month from the forwarding or insertion of the notice, whichever is the later date, or
before such later date as the authority determines. R.S.O. 1990, c. C.27, s. 34 (3).
Removal of bodies
(4) The authority has full power to cause the removal of any body from the cemetery or
place of interment to any lands acquired under subsection (1) despite any other Act and to
authorize the removal by any other person of the body for reinterment in any other cemetery or
place of interment. R.S.O. 1990, c. C.27, s. 34 (4).
Removal of headstones
(5) Where a body is removed and reinterred, any headstone or other stone shall be
removed and re-erected at the place of reinterment. R.S.O. 1990, c. C.27, s. 34 (5).
Conveyance of lands for reinterment
(6) The authority shall render land, including fences and buildings, acquired for the
reinterment of bodies, in a fit and proper condition and shall convey the land to the owner of the
cemetery or other place of interment from which the bodies were removed. R.S.O. 1990,
c. C.27, s. 34 (6).
Right to use water power
35. (1) The authority has the right to use any water power created upon lands vested in it
for its own uses. 1998, c. 15, Sched. E, s. 3 (5).
(2) Repealed: 2006, c. 3, Sched. D, s. 1.
Obligation to pay
(3) Any person using water power created upon authority lands shall pay to the authority
an annual reasonable compensation for the use of the water power. 1998, c. 15, Sched. E,
s. 3 (5).
Arbitration
(3.1) Where the authority and a person described in subsection (3) are unable to agree on
the amount of the annual compensation, the matter shall be arbitrated under the Arbitration Act,
1991. 1998, c. 15, Sched. E, s. 3 (5).
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Charge for power
(4) Subject to review by the Minister of Natural Resources, an authority shall charge
persons who at the time of the establishment of the authority are, or thereafter become, users of
power derived by them from the use of the waters of the watershed for any additional power
generated from increased head or flow due to the works undertaken by the authority. R.S.O.
1990, c. C.27, s. 35 (4); 1998, c. 15, Sched. E, s. 3 (6).
When section not to apply
(5) This section does not apply to water power reserved to the Crown under the Public
Lands Act. R.S.O. 1990, c. C.27, s. 35 (5).
Assent of electors not necessary
36. Where by this Act any power is conferred or duty imposed upon a municipality, or
the council of a municipality, including a power or duty to raise money, the power may be
exercised and the duty shall be performed by the council of the municipality without the assent
of the electors. R.S.O. 1990, c. C.27, s. 36.
Payment to and spending by authority
37. All money required by this Act to be raised for the purposes of an authority shall be
paid to the authority, and the authority may spend money as it considers proper, except that no
salary, expenses or allowances of any kind shall be paid to any of the members of the authority
without the approval of the Ontario Municipal Board. R.S.O. 1990, c. C.27, s. 37.
Annual audit
38. (1) Every authority shall cause its accounts and transactions to be audited annually
by a person licensed under the Public Accounting Act, 2004. R.S.O. 1990, c. C.27, s. 38 (1);
2004, c. 8, s. 46.
Auditor
(2) No person shall be appointed as auditor of an authority who is or during the
preceding year was a member of the authority or who has or during the preceding year had any
direct or indirect interest in any contract or any employment with the authority other than for
services within his or her professional capacity. R.S.O. 1990, c. C.27, s. 38 (2).
Auditor’s report
(3) An authority shall, upon receipt of the auditor’s report of the examination of its
accounts and transactions, forthwith forward a copy of the report to each participating
municipality and to the Minister. R.S.O. 1990, c. C.27, s. 38 (3).
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Grants
39. Grants may be made by the Minister to any authority out of the money appropriated
therefor by the Legislature in accordance with such conditions and procedures as may be
prescribed by the Lieutenant Governor in Council. R.S.O. 1990, c. C.27, s. 39.
Regulations
40. The Lieutenant Governor in Council may make regulations defining any term that is
used in this Act and that is not defined in this Act. 2010, c. 16, Sched. 10, s. 1 (4).
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PART B
POLICIES AND PROCEDURES FOR COMPLIANCE WITH THE
DEVELOPMENT, INTERFERENCE WITH WETLANDS AND
ALTERATION TO SHORELINES AND WATERCOURSES
REGULATION
Effective March 1, 2014
Amendments
Part B of this document outlines the policies and procedures for compliance
followed by the Mattagami Region Conservation Authority when:




considering an application to construct or place fill under this Regulation,
inspecting approved activities to ensure that the terms and conditions of the
permit are complied with,
investigating possible and confirmed violations under the Regulation, and,
initiating court proceedings, if necessary.
Application of these policies and procedures will ensure a consistent, timely and
fair approach to implementing Ontario Regulation 165/06.
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1.0
APPROVAL PROCESS
The Mattagami Region Conservation Authority issues permits for works/activities
that conform with the Board-approved objectives and policies for the administration of
Ontario Regulation 165/06.
All permit applications that are received by the Authority are reviewed by staff
using the Regulation 165/06 Administration Policy (Section 1.1). If the application
complies with Administration Policy, the General Manager can approve the
development, with or without conditions, and issue a permit. If staff recommends that
the application should not be approved, the owner shall be contacted and informed that
the undertaking cannot be recommended for approval. The applicant may then appeal
the decision denying approval or an approval with conditions to the Authority’s Board of
Directors. If the Board denies the application the applicant may subsequently appeal to
the Mining and Lands Commissioner of Ontario. The Commissioner is appointed by the
Minister of Natural Resources.
Permits are issued under two categories:


up to 24 months
over 24 months and up to 60 months (for complex “initiatives”)
To ensure that works/activities approved under Regulation 165/06 are in
conformance with the permission granted, MRCA staff are entitled to complete
inspections of the property to which a permit has been issued.
1.1
Consideration of Applications
The MRCA will follow a fair and timely process in the consideration of
applications that includes the following steps.





Authority staff will meet with the applicant to review the development proposal
and determine if it falls within a Regulated Area and whether or not an application
under Regulation 165/06 will have to be submitted to the Authority.
If the proposed development falls under the Regulation, the Policies and
Guidelines document will be reviewed with the applicant and development
restrictions detailed.
Applications under Regulation 165/06 are to be submitted to the General
Manager using the Conservation Authority’s standard application form. Required
drawings, studies and/or surveys as discussed with the General Manager must
be added as attachments.
Prior to receiving the application, the Authority will inform the applicant that other
permitting may be required (City of Timmins, Ministry of Natural Resources,
Public Health Unit, Department of Fisheries and Oceans, etc.)
After consultation with Conservation Authority staff, the applicant will be
requested to submit a formal application to the Authority. Upon receipt of a
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

completed application, the Conservation Authority will, within 30 days, review the
application and:
o approve the application as submitted,
o approve the application with conditions, or
o deny the application
If the applicant wishes to be exempt from any one or more development policies,
he or she will be given an opportunity to present the application to the full
Authority Board for their consideration as stipulated under Section 28(3) of the
Conservation Authorities Act. Authority staff will prepare a staff report outlining
the reasons why the application should not be approved as presented. This
report will be shared with the applicant prior to the meeting. If the application is
approved with conditions or denied, the Board shall give written reasons for its
decision to the applicant. The applicant will be notified in writing or by telephone
of the date and time of the Authority meeting at which the application will be
considered.
Under Section 28(5) of the Act, an applicant who has been refused permission
may, within thirty (30) days of the receipt of the reasons for the decision, appeal
to the Minister of Natural Resources who may dismiss the appeal or grant the
permission.
1.2



No application pursuant to this policy will be heard other than at a public meeting
of the Conservation Authority.
The Conservation Authority will not accept an application pursuant to Ontario
Regulation 165/06 from any person or corporation other than the registered
owner of the land or his designated agent. Proof of agency from the registered
owner will be required.
When the Authority has approved a permit pursuant to the Regulation for any
construction, placing of fill or alteration to a watercourse, all works shall be
completed within a period of two years from the date of approval. Continuation of
works already commenced but not completed during the two-year approval
period will require re-application to the Authority.
1.3




Other Considerations
Required Information and Administrative Fees
All Applications under Ontario Regulation 165/06 shall use the standard form as
issued by the Conservation Authority.
Copies of the Regulation, flood plain mapping and this Policy and Guideline will
be made available in whole or in part to the Applicant.
All Applications made under this Regulation must be complete, including
requested mapping, surveys and studies, before they can be considered.
An administration fee shall be levied for all applications and requests for
information made under Ontario Regulation 165/06 as per the Fee Schedule
attached as Appendix A.
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

No administrative charge will be levied for attendance at the Conservation
Authority offices to review the mapping, Regulation and policies.
No administration charge will be levied for any request for legal certification or
property appraisal if the property is found to be located outside the Regulated
Area.
1.4
Agreement On Title
The Conservation Authority may, at its discretion, require that an Agreement be
placed on title for a particular property for any approvals given under the Regulation.
The purpose of the Agreement is both to enforce the conditions of any approvals as well
as give notice to any future property owners that land use restrictions are in place. An
Agreement would include:

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
a legal description of the lands affected,
the legislation under which it is being applied,
a description of the permitted use along with all the conditions that are to be met
and any restrictions on any future use,
allocation of any legal and administrative costs associated with processing,
recognition by the owner of any and all conditions, and
a statement that indemnifies and holds harmless the Conservation Authority for
any future flood damages and impacts.
These Agreements would typically apply to the development of hazards lands
that are supported by the Policy and Guidelines including seasonal campgrounds,
marinas and reconstruction of existing structures.
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2.0
VIOLATIONS
A violation under Ontario Regulation 165/06 may occur when a development,
interference or alteration activity approved by the Conservation Authority has taken
place contrary to the terms and conditions of the approval, or when an activity has taken
place for which written permission has not been received. Under the Conservation
Authorities Act a person convicted of committing an offense may be subject to a fine of
up to $10,000 or to a term of imprisonment of not more than three months. In addition,
the development, interference or alteration may be required to be removed at the
expense of the landowner and the site rehabilitated.
2.1
Access to Private Property
The MRCA has the legal authority to investigate a possible violation and to
determine whether or not a contravention of Ontario Regulation 165/06 has occurred.
The terms and conditions for staff to access private property are outlined under
Sections 28 and 30 of the Conservation Authorities Act. Generally, the Conservation
Authority is permitted to enter onto private land without consent or warrant when:


the entry is for the purpose of considering a request for permission under the
Regulation, or
the entry is for the purpose of enforcing a regulation and the Authority has
reasonable grounds to believe that a contravention of the Regulation is causing
significant environmental damage.
The power to enter private property will not be used unless the land owner has
been given reasonable notice of the entry and there are reasonable grounds to believe
that significant environmental damage is likely to be caused during the time that would
be required to give notice.
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3.0
GENERAL POLICIES
Conservation Authority staff will follow these general policies when ensuring
compliance or investigating possible violations.

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
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Every effort will be made to resolve issues resulting from a contravention of the
Ontario Regulation within six (6) months of initiating an investigation.
The laying of charges against a landowner may be pursued where a resolution to
the issues is not achieved.
Where other legislation such the Fisheries Act or a Municipal By-law has been
contravened, the MRCA may notify the appropriate agency (ies) and work with
them to carry out a coordinated inspection, investigation and prosecution. The
agency with the strongest mandate will be encouraged to take the lead.
In addition to any penalty levied by the court, the Conservation Authority will seek
an order for removal and site rehabilitation.
MRCA staff will use field inspections as an opportunity to inform and educate
landowners about the Conservation Authority’s role under Ontario Regulation
165/06.
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4.0
PROCEDURES
Compliance with Approved Permits is achieved through the implementation of
follow-up inspections. These inspections will:



Ensure compliance with the terms and conditions of the permit.
Avoid costly corrective actions when terms and conditions are not met.
Improve communications with the public.
Violations occur as a result of development, interference or alteration activities
occurring within a Regulated Area without written permission from the Conservation
Authority or when the landowner is in non-compliance with a permit. Infractions may be
detected when a complaint has been received or if it has been observed in the field by
staff. Generally, the steps to be taken for a suspected violation include:

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

Staff will initiate both an office and a field investigation of the possible violation.
If the office investigation reveals that a violation has occurred, an initial
assessment of the site is undertaken by Authority staff from public lands. This
would include the taking of photographs and notes.
If the activity is not clearly visible from a public location, staff will attempt to
arrange a site visit with the landowner to determine whether or not an offence
has occurred.
If a violation is confirmed, a complete investigation report will be completed and a
Notice of Violation issued to the landowner.
A Notice of Violation is not a legal document but is used to notify the landowner
of the offence and requests the recipient to stop all work and to contact the
Conservation Authority to discuss options to resolve the violation. It is delivered
by registered mail.
A Notice of Violation contains the following information:
o A map showing the location of the property and the Regulated Area.
o An information sheet explaining the Regulation and the permit process.
o Date of the inspection
o Offence wording
o Section of Ontario Regulation 165/06 contravened
o Description of the work
o Contact information for the Conservation Authority
o Due date by which the Conservation Authority must be contacted
Resolution of a violation can be achieved by:
o Cease the activity and proceed through the proper permitting process
provided that the activity meets the Regulation Policies and Guidelines, or,
o Cease the activity, remove the offending development and restore the site
to its original condition.
Permit Application Process for Violations would require the offender to apply
to the Conservation Authority for a permit to which a fee surcharge would apply. If a
permit is granted, the works may proceed.
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Restoration of a site to its original condition by the landowner is the easiest way
to resolve a violation. This would apply to situations where works have been
undertaken without the approval of the MRCA or where the works do not meet the terms
and conditions of the approved permit. Site restoration would proceed in consultation
with the Conservation Authority.
Court Proceedings will only be used if violations cannot be resolved. Through
the prosecution, the Conservation Authority will seek an order for rehabilitation of the
site and/or removal of any building or structure ruled to be in contravention of the
Ontario Regulation 165/06, in addition to any penalty levied.
- 95 -
APPENDIX A - FEE SCHEDULE
Application Fee Schedule for Ontario Regulation 165/06
Effective January 1, 2007
Category
Small Works
Description




Standard Works

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
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Large Works
Fee
Accessory buildings and structures with a floor
area of less than 20 metres square
Additions with less than or equal to 20 metres
square
Fill activity less than 100 cubic metres
Toe protection less than 50 metres with
vegetative shoreland buffer
$50.00
New buildings, reconstruction, foundation
reconstruction, accessory buildings and
structures with a total gross floor area of 20 to
100 metres square
Fill activity of 100 to 500 cubic metres, or
grading on a property less than 0.5 hectares in
area
Infrastructure maintenance
Channel maintenance less than or equal to 200
metres in length or 0.5 hectares in area
$100.00
$200.00
 Buildings with a total gross floor area of 100 to
450 metres square
 Fill activity of 501 to 2000 cubic metres, or
grading on property 0.5 to 1.0 hectares in size
 Shoreline alterations between 50 and 500
metres in length
 Infrastructure such as, but not limited to, bridges,
culverts, utility crossings less than or equal to 25
metres in width/span
 Channel maintenance greater than 200 metres
in length or 0.5 hectares in area
- 96 -
Category
Major Works
Description
Fee
$500.00
 Multiple unit projects or buildings greater than
450 square metres in area or more than 1
hectare per property
 Fill activity greater than 2,000 cubic metres, or
grading on a property greater than 1.0 hectares
in area
 Shoreline alterations greater than 500 metres in
length
 Infrastructure such as, but not limited to, bridges,
culverts, utility crossings greater than 25 metres
in width/span, and storm water management
ponds
 Channelization and alteration to a waterway
Revisions
Applications which are amended or resubmitted
after approval and including modifications to
approved erosion and sediment plans
50%
surcharge
Renewals
Permits valid for two calendar years from the date
of application may be renewed prior to lapsing for
one more year only
$50.00
Property
Inquiries and
Clearances
For written responses to legal, real estate, financial
institutions, inquiries on behalf of landowners or
others
$40.00
Notes:
1. The City of Timmins is exempt from the fee schedule for the review and comment on any planning
matters including Zoning By-Law Amendments, Consents, Minor Variances, Plans of Subdivision and Site
Plan Control Agreements. In addition, although the Municipality is required to obtain permits under
Regulation 165/06 for any construction or infilling, no fees are charged.
2. Fees are charged per application. No portion of any fee will be refunded to the applicant.
3. All fees for the review of an application and supporting reports must be received prior to release of
written comments to an approval agency.
4. The Mattagami Region Conservation Authority reserves the right to revise this fee schedule at any
time without notice, subject to the approval of the Authority Board.
5. Charges are per application.
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reg adm and pol gula minis d co licie ation stra ompl es n 165 ation

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