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HomeMy WebLinkAboutPDS-008-26Staff 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: January 19, 2026 Report Number: PDS-008-26 Authored By: Sarah Allin, Principal Planner, Planning and Infrastructure Services Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: File Number: PLN 1.1.37 Report Subject: Bill 68: Amendments to the Conservation Authorities Act and an ERO Posting consulting on the proposed consolidation of Ontario’s 36 conservation authorities into seven regional conservation authorities Recommendations: 1.That Report PDS-008-26, and any related delegations or communication items, be received; 2.That Report PDS-008-26, including the Draft Staff Responses forming Attachment 3, be endorsed as the Municipality’s comments to the Province on the proposal for the consolidation of Ontario’s 36 conservation authorities into seven regional conservation authorities (Environmental Registry of Ontario Posting: 025-1257) and forwarded to the Minister of Environment, Conservation, and Parks; and 3.That all interested parties listed in Report PDS-008-26, be advised of Council’s decision. PD-012-26 Municipality of Clarington Page 2 Report PDS-008-26 Report Overview Plan to Protect Ontario Act, 2025 Conservation Authorities Act boundaries and criteria for the consolidation of Ontario’s 36 existing conservation authorities and topics open for consultation, and (ii) present staff’s to Council’s ratification, 1. Background 1.1 On November 6, 2025, the Ontario government released Bill 68, the Plan to Protect Ontario Act, 2025. This report focuses on the amendments to the Conservation Authorities Act (Schedule 3 of Bill 68) which enable the Province to create the Ontario Provincial Conservation Agency to oversee conservation authorities and support the transition to a regional, watershed-based framework for conservation authorities in Ontario. 1.2 Concurrently, on November 7, 2025, the Province initiated consultation on the proposed boundaries and criteria for the consolidation of Ontario’s 36 existing conservation authorities into seven regional conservation authorities via Environmental Registry of Ontario (ERO) posting ERO #025-1257. Feedback will help inform further changes to the Conservation Authorities Act that may be introduced later. A 45-day comment window was provided, ending on December 22, 2025. Municipality of Clarington Page 3 Report PDS-008-26 1.3 The Province acknowledges that Ontario’s 36 conservation authorities play a vital role in watershed management and protecting communities from natural hazards like floods. Conservation authorities deliver programs and services that further the conservation, restoration, and management of natural resources. 2. Conservation Authority Consolidation Proposal Summary and Key Comments 2.1 The following section provides a high-level summary of relevant changes introduced by Bill 68 and key comments. Detailed staff comments on the proposed changes are provided in Attachment 3. Bill 68 Changes to the Conservation Authorities Act 2.2 Bill 68 established the Ontario Provincial Conservation Agency, a provincial board - governed agency, which will now oversee conservation authorities, have power to issue directions to conservation authorities, and be authorized to establish and require the payment of fees and take steps to recover its costs and expenses. 2.3 The Ministry of Environment, Conservation, and Parks will provide oversight of the agency and will also retain policy responsibility for the Conservation Authorities Act and associated regulations. Proposal to consolidate conservation authorities 2.4 Information released by the Province to support of the consolidation proposal indicates the current system of 36 conservation authorities is fragmented, with each conservation authority following different policies, standards, fees and levels of staffing and technical capabilities. The current system has resulted in unpredictable and inconsistent turnaround times for approvals across conservation authorities, creating uncertainty and delays for builders, landowners and farmers seeking permits, and undermining conservation authorities’ ability to protect communities from floods and natural hazards. 2.5 The Province proposes to improve the conservation authority system by consolidating 36 existing conservation authorities into seven. The intent is that the boundaries would still align with watershed boundaries, and would serve to reduce duplication in administration, free-up resources for frontline conservation, and better align conservation authorities’ services with provincial priorities on housing, the economy, infrastructure and climate resilience. 2.6 The Province has stated the proposed seven regional conservation authorities would continue to focus on managing natural hazards and watershed health, drawing on decades of local knowledge and partnerships. With better tools and more resources for front-line staff, the regional conservation authorities would operate with greater consistency and transparency, deliver faster services to municipalities and permit applicants. Municipality of Clarington Page 4 Report PDS-008-26 2.7 Currently, the Municipality of Clarington is primarily located within the jurisdiction of two conservation authorities: Central Lake Ontario Conservation Authority (CLOCA), and Ganaraska Region Conservation Authority (GRCA). Small areas along Clarington’s northern boundary are within the Kawartha Region Conservation Authority (KRCA) and Otonabee Region Conservation Authority (ORCA), as shown in Attachment 1. 2.8 The changes would place Clarington entirely within the proposed Eastern Lake Ontario Regional Conservation Authority, which includes watershed s draining into Lake Ontario in the west, the Bay of Quinte in the east, including the Trent and Cataraqui systems. This is a vast area that would encompass seven existing conservation authorities, and over 50 lower- and single-tier municipalities. The proposed extent of the Eastern Lake Ontario Regional Conservation Authority is shown in Attachment 2. 2.9 The Province has indicated no changes would be proposed to the overall extent of conservation authority jurisdiction within the Province, and that the following criteria was applied to determine the proposed boundaries for the regional conservation authorities:  Maintaining watershed-based jurisdictions – aligning with natural hydrological boundaries to support effective flood and water management, consistent with drinking water Source Protection Areas and Regions  Relationships between conservation authorities and municipalities – reducing administrative duplication and overlap for municipalities and conservation authorities to simplify accountability and strengthen local partnerships  Balancing expertise and capacity across conservation authorities – enhancing technical skills and resources across conservation authorities to improve service and program delivery  Service continuity – ensuring uninterrupted delivery of local conservation authority programs – including flood forecasting and warning, permitting, and source water protection – through and after consolidation Key Comments 2.10 Staff responses to the Province’s discussion questions have been drafted by Planning and Infrastructure Services staff. Responses are included as Attachment 3 to this report. Key messages are articulated below. 2.11 Staff supports changes that strengthen conservation authorities by ensuring adequate resources for consistent staffing, technical expertise, and service delivery. This is in recognition of the vital role conservation authorities play in watershed management, protecting communities from natural hazards, and delivering programs that further the conservation, restoration, and management of natural resources. 2.12 Staff also supports the continued use of watershed boundaries and a transition towards a more predictable, criteria-based permitting system for development or site alteration within conservation authority regulated areas. Municipality of Clarington Page 5 Report PDS-008-26 2.13 Staff would not support the proposed consolidation where it would lead to changes in processes, policies, standards or fees that could hinder the protection of the natural environment, adversely affect development application processes or timelines, or result in increased costs for Clarington. 2.14 Staff is concerned about the size and diversity of the proposed Eastern Lake Ontario Conservation Authority. As a large and fast-growing municipality, Clarington’s growth forecasts and expected urbanization patterns align more closely with GTA lakeshore municipalities to the west than with the rural areas to the north and east. The Province is requested to provide additional details as to how it will ensure all regional authorities are equally resourced to handle urban and rural contexts. 2.15 Conservation authority staff possess specialized knowledge of local natural heritage, hydrogeology, and agriculture. Staff is concerned that consolidation risks losing this expertise and institutional knowledge. The Province is requested to prioritize staff continuity and retention of local technical capacity throughout the process. 2.16 Staff is concerned that larger boards representing many more municipalities may reduce local input and generate conflicts over budgeting and program delivery across the vast regional conservation authority. The Province is requested to clarify how municipal and stakeholder voices will be maintained under a regional conservation authority framework. 2.17 Staff looks forward to working collaboratively with the Province to better support conservation authorities by improving consistency and finding efficiencies in process while maintaining (i) the valuable local knowledge and technical expertise of conservation authority staff, and (ii) the established collaborative working relationships between conservation authorities and municipalities. 3. Financial Considerations 3.1 Financial implications of Bill 68 and the consolidation of Ontario’s conservation authorities resulting from the ongoing provincial consultation are difficult to assess at this time, as many details are still under consideration or have not yet been released. 3.2 Staff will continue to monitor the financial implications of these changes and report to Council as needed. 4. Strategic Plan 4.1 The changes proposed have the potential to impact how Clarington achieves the Lead priorities of the Strategic Plan to protect and enhance Clarington’s natural heritage system through collaboration with partners, including conservation authorities, to achieve a healthy and resilient environment. Municipality of Clarington Page 6 Report PDS-008-26 5. Climate Change 5.1 Conservation authorities are important partners in working towards go als identified in Clarington’s Corporate Climate Action Plan, including protecting ecosystems and diversity, minimizing risks to buildings and properties, minimizing disruption to operations and services, and building community resilience. 6. Concurrence 6.1 Not Applicable. 7. Conclusion 7.1 The purpose of this report is to (i) provide a high-level summary of the proposed changes, and topics open for consultation, and (ii) present staff’s draft comments which were submitted to the Province on December 22, 2025, to meet the commenting deadline, subject to Council’s ratification. 7.2 The Province has indicated it will be engaging in future consultation on any additional legislative and regulatory proposals needed to enable the regional consolidation of conservation authorities. Staff will monitor and report to Council as needed. 7.3 It is respectfully recommended that the Recommendations be adopted as presented. Staff Contact: Sarah Allin, Principal Planner, sallin@clarington.net or 905-623-3379 ext. 2419 or Lisa Backus, Manager of Community Planning, lbackus@clarington.net or 905 -623-3379 ext. 2413. Attachments: Attachment 1 – Map of Conservation Authorities in Clarington Attachment 2 – Proposed Eastern Lake Ontario Regional Conservation Authority Boundary (source: Ministry of Environment Conservation and Parks) Attachment 3 – Draft Staff responses to Consolidating Conservation Authorities Discussion Questions Interested Parties: List of Interested Parties available from Department. 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LE T N E R R O A D RO A D HA R R I S RO A D RO A D RO A D RO A D LI B E R T Y RO A D ROAD 7 RE I D R O A D RO A D WILCOX TO W N L I N E R O A D N O R T H (B O W M A N V I L L E A V E N U E ) Courtice Bowmanville Newcastle Orono C I T Y O F O S H A W A C I T Y O F O S H A W A C I T Y O F K A W A R T H A L A K E SC I T Y O F K A W A R T H A L A K E S M U N I C I P A L I T Y O F P O R T H O P E M U N I C I P A L I T Y O F P O R T H O P E T O W N S H I P O F S C U G O GT O W N S H I P O F S C U G O G ² Conservation Authority Central Lake Ontario Conservation Ganaraska Region Conservation Authority Kawartha Region Conservation Authority Otonabee Region Conservation Authority Lake Ontario Central Lake Ontario Conservation Authority Ganaraska Region Conservation Authority Attachment 1 to Report PDS-008-26 11 Map of Proposed Eastern Lake Ontario Regional Conservation Authority Attachment 2 to Report PDS-008-26 Attachment 3 to Report PDS-008-26 Attachment 3 DRAFT Staff responses to Consolidating Conservation Authorities Discussion Questions Item Number ERO/ORR Number Title of ERO/ORR Post Discussion Question Staff Comments 1 025-1257 Proposed boundaries for the regional consolidation of Ontario’s conservation authorities What do you see as key factors to support a successful transition and outcome of regional conservation authority consolidation? Dedicated stable Provincial funding to offset costs associated with consolidation as well as funding for the administration of the Regional Conservation Authority. All mandatory (Category 1) programs and current service levels must be maintained while avoiding added administrative burden. Preserve local technical expertise and institutional knowledge existing within local conservation authorities; prioritize staff continuity. Retain local flexibility for meetings and site visits to ensure efficient permit processing. Uphold existing MOUs to minimize service disruption through the transition. Conduct a cost-benefit analysis, financial impact assessment, and establish KPIs to assess impacts on conservation authorities and municipalities and to monitor whether improvements are achieving desired results. Consider moving forward with the creation of one regional conservation authority as a pilot project in order to capture any learnings or efficiencies that could be realized in a larger roll out. Implement a phased transition, recognizing the substantial time and resources that merging seven conservation authorities into one large, regional conservation authority (that will cover over 50 municipalities) would require. 2 What opportunities or benefits may come from a regional conservation authority framework? More consistent requirements and expectations across conservation authorities. Currently, larger jurisdictions like Central Lake Ontario Conservation Authority & Toronto and Region Conservation Authority have well-defined guidelines and expectations, whereas other conservation authority standards may be less specific and open to the interpretation of the reviewer. Under a centralized framework there is opportunity for development approvals to be more standardized and predictable for those seeking permits, etc. however, a standardized approach may not take into consideration more localized watershed conditions and may represent a change in practice and process than what the Municipality or a developer has become familiar with. 3 Do you have suggestions for how governance could be structured at the regional conservation authority level, including suggestions around board size, make-up and the municipal representative appointment process? The proposed Eastern Lake Ontario Regional Conservation Authority would include over 50 municipalities. Staff is concerned about reduced local representation and requests clarity on how equitable representation will be maintained while keeping boards functional and efficient. There is also concern that the future structure will not be as nimble and responsive to local issues, development approvals, or conservation area management. Further consultation will be necessary. Municipalities will be very hesitant to fund programs for a Regional Authority where they do not have direct representation on the Board. 4 How can regional conservation authorities maintain and strengthen relationships with local communities and stakeholders? Maintain local planning and regulation permitting teams, including existing administrative offices, local Boards, and advisory committees during the transition and going forward. Maintain local programs and service delivery beyond those that are provincially legislated, such as Clarington’s Trees for Rural Roads Program, to sustain community engagement and relationships with stakeholders.