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HomeMy WebLinkAboutPDS-010-24Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: March 18, 2024 Report Number: PDS-010-24 Submitted By: Reviewed By: Authored By: Carlos Salazar, Deputy CAO, Planning and Infrastructure Services Mary-Anne Dempster, CAO Resolution #: PD-015-24 Amanda Crompton, Principal Planner, Planning and Infrastructure Services File Number: PLN 1.1.28 By-Law Number: Report Subject: Bill 23 Update – Ontario Regulation 41/24 Recommendation: 1.That Report PDS-010-24, and any related delegations or communication items, be received for information. Municipality of Clarington Page 2 Report PDS-010-24 Report Overview Bill 23, More Homes Built Faster Act, 2022 is wide-ranging and makes changes to ten different acts and numerous related regulations. Several, but not all, of the changes proposed in Bill 23 came into effect on November 28, 2022. A new Minister’s Regulation was released on February 16, 2024 detailing changes to the Conservation Authorities Act under Bill 23. The purpose of this report is to summarize the recently approved legislative changes, which will come into effect on April 1, 2024. 1. Background 1.1 Bill 23, More Homes Built Faster Act, 2022, was introduced on October 25, 2022, and received Royal Assent on November 28, 2022. Bill 23 made changes to ten different acts and numerous related regulations, including changes to the Conservation Authorities Act. 1.2 In response to Bill 23, staff reported to Council on three occasions, as noted below:  December 5, 2022, Planning and Development Committee PDS-054-22 More Homes Built Faster Act, 2022 (Bill 23): Comments;  December 19, 2022, Briefing Note – Financial Impact – Bill 23, Development Charges and Grants; and  January 16, 2023, Special Planning and Development Committee PDS -006-23 Bill 23 Update – Conservation Authorities. 1.3 A new Minister’s Regulation (Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits) will come into effect on April 1, 2024. The approved changes to the Conservation Authorities Act sets out prohibited activities and areas where a conservation authority permit is required, exemptions for permits for certain low-risk activities, the process for applying for a conservation a uthority permit, and service requirements for conservation authorities in reviewing permit applications. 1.4 The approved changes will revoke the existing 36 conservation authority-specific regulations and the regulation governing their contents, and replace them with this new regulation, which governs prohibited activities, exemptions and permits under the Conservation Authorities Act. Municipality of Clarington Page 3 Report PDS-010-24 2. Summary of Changes to the Conservation Authorities Act Prescribes Where Development is Prohibited 2.1 The new Minister’s Regulation provides technical details of where certain development activities are prohibited. Some definitions, such as “watercourse”, and technical descriptions, such as “other areas”, are updated to clarify where activities are prohibited. 2.2 Watercourse now means “a defined channel, having a bed and banks or sides, in which a flow of water regularly or continuously occurs”, whereas it was previously defined as “an identifiable depression in the ground in which a flow of water regularly or continuously occurs”. 2.3 Other areas where prohibitions on development activities apply have been changed to within 30 metres of all wetlands. Previously, Provincially Significant Wetlands in some conservation authorities and wetlands greater than 2 hectares in size required a 120- metre regulated area around the wetland. 2.4 Conservation authorities are required to create publicly available maps depicting areas where a permit is required and to update their mapping annually. Exempts Low-Risk Activities from Conservation Authority Appro val 2.5 Some development activities are deemed low-risk and exempt from the requirement for a conservation authority permit (under certain conditions, such as occurring outside of wetlands and watercourses), including:  A seasonal or floating dock 10 square metres in size or less;  A rail, chain-link or panelled fence with a minimum of 75 millimetres of width between panels;  Agricultural in-field erosion control structures;  A non-habitable accessory building or structure (15 square metres or less);  An unenclosed detached deck or patio (15 square metres or less);  Installation, maintenance, or repair of tile drains;  Installation, maintenance, or repair of a pond for watering livestock;  Maintenance or repair of a driveway or private lane ; Municipality of Clarington Page 4 Report PDS-010-24  Maintenance or repair of municipal drains; and  Reconstruction of a garage that does not exceed the same footprint, with no basement or habitable space. Sets Out the Process for Applying for and Issuing Conservation Authority Permits 2.6 New rules and service standards are set out for applying for and issuing permits, including: a list of required permit application submission materials/information, an option for pre-submission consultation, and a requirement to deem applications complete within 21-days. Once an application is confirmed as complete, a conservation authority cannot request additional studies or technical information. 2.7 Conditions that can be included on a permit by a conservation authority are limited to matters related to natural hazards and public safety and general permit administration. 2.8 Conservation authorities are required to report annually on permitting statistics, including reporting on the level of conservation authority compliance with new regulatory requirements. 3. Financial Considerations Not Applicable. 4. Strategic Plan One of the three pillars of the Clarington Strategic Plan 2024 -27 is to grow responsibility with the objective to promote responsible and balanced growth by developing the economy while protecting the environment. The purpose of this report is to summarize the most recent changes to the Conservation Authorities Act, which according to the province, aim to clarify and streamline regulatory requirements to focus on natural hazards and public safety and provide greater transparency in the permitting process. Staff will continue to monitor and review future regulations and will report back as necessary, including on items related to protecting the environment. 5. Concurrence Not Applicable. 6. Conclusion This report provided a high-level summary of the recently approved changes to the Conservation Authorities Act. Staff will report back to Committee, if necessary, following Municipality of Clarington Page 5 Report PDS-010-24 discussions with the Central Lake Ontario Conservation Authority and Ganaraska Region Conservation Authority on the approved changes. Staff Contact: Amanda Crompton, Principal Planner, 905-623-3379 ext. 2444 or acrompton@clarington.net or Lisa Backus, Manager of Community Planning, 905-623-3379 ext. 24413 or lbackus@clarington.net. Attachments: Not Applicable Interested Parties: There are no interested parties to be notified of Council's decision.