Conservation Authorities have been the subject of ongoing reforms which started in 2017 with Bill 139 and most recently, with Bill 23, which received Royal Assent in November 2022. In between, two other bills, Bill 108 and Bill 229, were also passed impacting the operations of Conservation Authorities. More amendments may well be coming when the legislature resumes sitting this month. Not all amendments, including from 2017, are in force yet and await proclamation by the Lieutenant Governor in Council. The province’s stated objective is to ensure more housing can be built faster.
Conservation Authorities have a long history in the province, having been established by municipalities and the province in the 1940s in response to severe flooding and erosion problems in Ontario. The aftermath of Hurricane Hazel in 1954 brought a regional approach to flood control and water management in Ontario. Their major function was intended to be protection of life and property from natural hazards, such a flooding, though their role has expanded to the protection of natural heritage beyond that as municipalities have requested the services of Conservation Authorities beyond acting as a commenting agency for hazards in development applications.
In Ontario, we have a policy driven approach to hazard protection. Through the Provincial Policy Statement (PPS), passed under the Planning Act, we keep people out of flood zones rather than engineering controls to protect against hazards. The first PPS was passed in 1996 and has been reviewed and revised several times. The current PPS came into force on May 1, 2020.
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