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NPCA's Role in Biodiversity Offsetting and Wetlands Legislation
- 1. Biodiversity Offsetting Legislation and wetlands NPCA’s Role Information Session – Balls Falls January 27, 2016
- 2. Legislation Conservation Authorities Act • Ontario Regulation 155/06 • NPCA Policies (October 2011) Land Use Planning (Provincial & Municipal) • Planning Act o Provincial Policy Statement • Niagara Escarpment Plan, Places to Grow and Greenbelt • Municipal Official Plans
- 3. Conservation Authorities Act • Section 28, Since May 2006, Conservation Authorities can regulate wetlands • Staff can issue permits that meet tests of CA Act and policies adopted by NPCA Board
- 4. NPCA Policies Policy 3.24. 1 allows for replacement structures, ponds, private roads, public infrastructure (except stormwater management) and Wetland Compensation and Reconfiguration for non-PSWs.
- 5. NPCA Policies Policy 3.24.1(e) Wetland Compensation and Reconfiguration for non-PSWs (1) Where no reasonable alternative exists to locate a proposed development…the Authority may require that an area of wetland be created…subject to criteria
- 6. NPCA Policies Policy 3.24.2 for existing lots of record where development cannot occur outside of a regulated wetland subject to criteria: • No Planning Act approvals required • 1 acre area allowed for development • Meets Health dept. requirements • EIS may be required to address hydrologic function of the wetland
- 7. NPCA Policies Criteria for non-PSW compensation: i)No impact on sensitive species or species at risk ii)No significant impact on hydrological or ecological function iii)The area of wetland within the wetland feature will not be significantly reduced iv) Supported by an EIS that is acceptable to NPCA and may require approval of NPCA Board
- 8. Planning Act & Provincial Policy Statement (PPS) • (s.2)Have regard to matters of Provincial Interest, including the protection of ecological systems, including natural areas, features & functions • (s.5,6)Decisions, comments, submissions or advice affecting planning matters shall be consistent with PPS & conform with Provincial Plans
- 9. Other Provincial Plans • NPCA has service agreements with municipalities to review Planning Act applications (e.g. subdivisions, site plans, consents) based on municipal environmental policies that incorporate the requirements of the Provincial Plans (e.g. Greenbelt, Places to Grow, Niagara Escarpment Plan)
- 10. Municipal Official Plans • NPCA has service agreements with municipalities to review Planning Act applications (e.g. subdivisions, site plans, consents) based on municipal environmental policies • NPCA provides comments on Official Plans, Official Plan Amendments, Comprehensive Zoning By-laws based on Board adopted policies & PPS Section 3.1 Natural Hazards
Editor's Notes
- Section 20 of the Conservation Authorities Act sets out the objects of a conservation authority (CA): 20. 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. section 21 of the Conservation Authorities Act assigns numerous powers to a conservation authority (CA) as follows: (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; Conservation of Land – the protection, management or restoration of lands within the watershed ecosystem for the purpose of maintaining or enhancing the natural features and ecological functions and hydrological functions, within the watershed. (Conservation Ontario, 2008) Conservation of land includes all aspects of the physical environment, be it terrestrial, aquatic, biological, botanic or air and the relationship between them (611428 Ontario Ltd. vs. Metropolitan Toronto and Region Conservation Authority). (Source TRCA Living City and work done by CO to define Conservation of land based on MLC decisions) Oxford Dictionary definition of Conservation: the action of conserving something in particular; preservation, protection or restoration of the natural environment and of wildlife, preservation and repair of archaeological, historical and cultural sites and artifacts; prevention of wasteful use of a resource. Merriam Webster definition of Conservation: a careful preservation and protection of something, especially: planned management of a natural resource to prevent exploitation, destruction or neglect Oxford Dictionary definition of Preservation: the action of preserving something Merriam Webster definition of Preservation: the effort of keeping from injury loss or decay 00 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. 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.
- Policy 3.24.1(b)(2) Allows for replacement structures within any wetland provided the structure has same dimensions, square footage and footprint. Need to examine viability of locating outside of area of interference with wetland and floodproofing (where applicable). Policy 3.24.1(b)(4) Ponds will only be permitted provided there is an appropriate study completed to demonstrate that it will not impact the existing hydrological function or regime of the wetland and will improve the overall function of the wetland & adjacent lands Policy 3.24.1(b)(5) Private Roads in non-PSWs subject to conditions: i)No other alternative ii)Max. size 30m long x6m wide Policy 3.24.1(b)(6) Public Infrastructure (e.g. roads, pipelines, sewers) other than stormwater management provided that it supported by an Environmental Assessment (EA) or Environmental Impact Study (EIS) Purpose of EA Act - the purpose of this Act is the betterment of the people of the whole or any part of Ontario by providing for the protection, conservation and wise management in Ontario of the environment. iii)Impacts to flood flows, flood storage or groundwater movement mitigated iv)Safe access and egress v) Designed to minimize impact on hydrological and ecological function
- “Have regard to” means to consider them carefully in relation to: their objectives; what they seek to protect; their totality; their affect on the matter in issue: and the circumstances at hand. Requires that the approval authority do more than pay lip service to the policies in question: the policies must be carefully considered in the context of the matter at hand “Consistent with”
- This slide includes the location of wetlands in the NPCA watershed, urban areas, Greenbelt Plan and Niagara Escarpment Plan Area. The Places to Grow Plan applies to the entire NPCA watershed. The Places to Grow Plan requires that 40% of new growth be accomodated in existing built boundary (2006) before the municipality can look at boundary expansion. The Region of Niagara is currently working on their Municipal Comprehensive Review (MCR) to look at where growth should go in Niagara to the year 2041. While there may be a lot of lands designated for urban uses (e.g. south Niagara), it is not located in the area where the market wants to be (North and west Niagara).