1.0 Introduction[1]

Conservation authorities regulate development and other activities through a permitting process under the Conservation Authorities Act for the purposes of natural hazard management and to protect people and property from natural hazards, such as flooding and erosion. Each conservation authority implements the permitting framework based on provincial legislation, regulatory requirements, and technical standards, as well as conservation authority board-approved policies that outline how the conservation authority administers regulations locally.

On April 1, 2024, significant amendments to the Conservation Authorities Act (the “CA Act”) and a new regulation under the Act, came into effect. This new regulation, Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits, ( “O. Reg. 41/24”), revoked and replaced the 36 individual regulations that governed Conservation Authorities. The new regulation governs prohibited activities, exemptions and permits under the CA Act. It has simultaneously expanded and reduced the jurisdiction of Conservation Authorities while enhancing the powers of the Minister of Natural Resources and Forestry (the “Minister”) under the CA Act.

These changes are the latest in a series of amendments to the enable legislation of Conservation Authorities. Initially introduced under Bill 139: the Building Better Communities and Conserving Watersheds Act and under Bill 23: the More Homes Built Faster Act, 2022[4] (“Bill 23”), which received Royal Assent in November of 2022, the Amendments form part of the Province’s strategy to simplify the development approvals process in an attempt to, in part, encourage construction of more housing. The Province’s stated objective in making the legislative and regulation changes under the CA Act are to support faster and less costly approvals, streamline conservation authority processes and help make conservation land available for housing.