Full Authority Agenda April 15, 2020 KCCA Admin Centre 10:00 a.m.

This meeting will be held immediately following the April 15, 2020 Special Meeting to consider changes to KCCA’s Administrative By-Law to allow for electronic meetings in accordance with the Minister’s Direction. The recording and draft minutes will be posted to KCCA’s web site on April 16, 2020. It can be viewed by the public at the following links:

Youtube - https://www.youtube.com/channel/UCsRj8PQR0y41BIosTZ84yhQ Facebook Page - https://www.facebook.com/KettleCreekCA/

Audio/Video Recording Notice “Board members, staff, guests and members of the public are reminded that the Full Authority Board/Committee meeting is being recorded, and will be posted to the Authority’s web site along with the official written minutes. As such, comments and opinions expressed may be published and any comments expressed by individual Board members, guests and the general public are their own, and do not, represent the opinions or comments of the Full Authority and/or the KCCA Board of Directors.

The recorded video of the Full Authority meeting is not considered the official record of that meeting. The official record of the Full Authority meeting shall consist solely of the Minutes approved by the Full Authority.”

Introductions and Declarations of Pecuniary Interest

Hearing Board

Minutes of Meetings a) February 12, 2020 Full Authority Meeting ...... 4 b) February 19, 2020 Annual General Meeting ...... 10 Recommendation: That the minutes of the February 12 Full Authority Meeting and the February 19, Annual General Meeting be approved.

Matters Arising a) Media Report ...... 17 b) April Watershed Conditions ...... 30 c) Elgin Clean Water Program 2019 Year End Report ...... 32 d) MECP Consultation on CA Act - Update ...... 36 Recommendation: That the Staff Reports under Matters Arising a) through d) be received. e) Kettle Creek Dog Park Agreement Renewal ...... 39 Recommendation: That the Kettle Creek Dog Park Agreement be renewed for another five year term.

Full Authority Agenda April 15, 2020 KCCA Admin Centre 10:00 a.m. Correspondence a) From Conservation Re: Comments on the Drainage Act Discussion Paper Feb. 18,2020….42 b) From Municipality of Central Elgin to Minister Yurek Re: Conservation Authorities Feb. 25, 2020…46 c) From City of London Re: 2020-2023 Multi-Year Operating Budget March 3, 2020 ...... 47 d) From Conservation Ontario to Minister Yurek Re: Minister’s Direction March 27, 2020 ...... 49 e) From MNRF to KCCA Re: Operating Funding April 1, 2020 ...... 50 Recommendation: That the correspondence be received.

Statement of Revenue and Expenses

New Business a) COVID-19 Employee Plan ...... 51 Recommendation: That the staff report on the COVID-19 Employee Plan be received; AND THAT the General Manager be directed to implement the employee plan as outlined in the staff report. b) COVID-19 Programs and Services Plan ...... 53 Recommendation: That the staff report on the COVID-19 Programs and Services Planning be received;

AND THAT the Chair and Vice Chair be delegated to make any required decisions on facilities opening or closing or program continuation before the next scheduled Full Authority meeting based on the information provided in the staff report. c) CO Guidance: Enforcement of Public Safety and Security Order ...... 60 d) CO Guidance: Procedure Regulating Permit Hearing ...... 62 Recommendation: That Conservation Ontario’s guidance on the Enforcement of Public Safety and Security Order, and the guidance on Procedures Regulating Permit Hearings be received. e) Kettle Creek Clean Water Initiative ...... 64 Recommendation: That Project 20-01 be supported through the Kettle Creek Clean Water Initiative for the amount of $3,000. g) April Planning and Regulations Report ...... 66 That the March/April 2020 Planning and Regulations Activity Report be received.

Full Authority Agenda April 15, 2020 KCCA Admin Centre 10:00 a.m.

Closed Session a) February 12, 2020 Closed Session Minutes b) Section 28 Violation Update (V18-003) c) Section 28 Violation Update (V19-003/004) d) Section 28 Violation (V20-001/002) e) Section 28 Violation (V20-003) f) Litigation or Potential Litigation g) Litigation or Potential Litigation

Up Coming Meetings Full Authority Meeting May 20, 2020 KCCA Administration Centre 10:00 a.m.

Full Authority Minutes February 12, 2020

A meeting of the Full Authority of the Kettle Creek Conservation Authority was held on Wednesday, February 12, 2020 at 10:00 a.m. at the Administration Centre.

Members Present: Dominique Giguère Township of Malahide Grant Jones Southwold Township Bill Mackie City of London Steve Peters City of St. Thomas (Alternate) Joe Preston City of St. Thomas Ralph Winfield City of London

Members Absent: Dennis Crevits Central Elgin Stephen Harvey Middlesex Centre Elizabeth Peloza City of London Linda Stevenson City of St. Thomas Alison Warwick Thames Centre

Staff Present: Michael Buis LWCA Coordinator Jennifer Dow Water Conservation Supervisor Joe Gordon Assistant Manager/Supervisor of Planning and CAs Jeff Lawrence Forest and Soils Supervisor Marianne Levogiannis Public Relations Supervisor Betsy McClure Stewardship Program Supervisor Scott Pinnell Maintenance Coordinator Kathleen Sebestyen-Scott Financial Services Supervisor Rob Lindsay DWCA Coordinator Elizabeth VanHooren General Manager/Secretary Treasurer

Guests: Scott Trevors Graham Scott Enns Jim Frederick Graham Scott Enns Pat Prodanovic GHD Group

Audio/Video Record Notice

Grant Jones called the meeting to order at 10:00 a.m. and read the following statement:

Board members, staff, guests and members of the public are advised that the Full Authority Board/Committee meeting is being video/audio recorded, and will be posted to the Authority’s web site along with the official written minutes. As such, comments and opinions expressed may be published and any comments expressed by individual Board members, guests and the general public are their own, and do not represent the opinions or comments of the Full Authority and/or the KCCA Board of Directors.

The recorded video of the Full Authority meeting is not considered the official record of that meeting. The official record of the Full Authority meeting shall consist solely of the Minutes approved by the Full Authority.

Introductions & Declarations of Pecuniary Interest

There were no declarations of pecuniary interest.

Hearing Board

There was no Hearing required.

Minutes of Meeting

FA28/2020 Moved by: Ralph Winfield Seconded: Joe Preston That the minutes of the January 23, 2020 Full Authority meeting be approved. Carried

Matters Arising a) February Watershed Conditions Report

FA29/2020 Moved by: Bill Mackie Seconded: Steve Peters That the February Watershed Conditions Report be received as information. Carried

Correspondence

FA30/2020 Moved by: Joe Preston Seconded: Dominique Giguère That the correspondence be received as presented. Carried

Full Authority Meeting Minutes February 12, 2020 Page 2 of 6

2019 Audited Draft Financial Statements a) 2018 Audited Financial Statement (staff report) b) Audit Finding Letter c) Draft Financial Statements

Scott Trevors and Jim Frederick from Graham Scott Enns presented the results of the audit. As noted in the Audit Finding Letter the auditors did not identify any significant matters to be brought to the attention of the Board. No correcting entries were required. The Audited Financial Statements will be presented at the Annual General Meeting on February 19, 2020 for adoption.

FA31/2020 Moved by: Ralph Winfield Seconded: Dominique Giguère That the Audit Finding Letter be approved. Carried

New Business a) Dalewood Dam Hazard Potential Classification Report

Pat Prodanovic, hydrotechnical engineer from GHD Group presented the findings and key recommendations of the Dalewood Dam Hazard Potential Classification Report and answered questions from members.

FA32/2020 Moved by: Ralph Winfield Seconded: Joe Preston That the Dalewood Dam Hazard Potential Classification Report be received. Carried b) 2020 WECI Submission – Dalewood Dam

FA33/2020 Moved by: Ralph Winfield Seconded: Joe Preston That staff prepare applications for the Water and Erosion Control Infrastructure program for a Geotechnical and Slope Stability Assessment of the Dalewood Dam and a second application for repair and safety measures around the Dalewood Dam with the total budget impact for both projects not to exceed $65,000. Carried

Full Authority Meeting Minutes February 12, 2020 Page 3 of 8

c) Draft 2020 Budget - Updated

Staff presented a final draft of the 2020 Budget. Minor adjustments were made to reflect the 2020 amortization rate and better reflect comparisons to 2019 actuals. This was a last opportunity for members to ask questions; no questions were received. The 2020 Budget will be presented for final consideration at the Annual General Meeting on February 19, 2020.

FA34/2020 Moved by: Bill Mackie Seconded: Steve Peters That the staff report on the 2020 Budget be received. Carried

c) MECP Multi-Stakeholder Consultations on Conservation Authorities Staff reviewed the format for the upcoming Multi-Stakeholder Engagement Consultation being coordinated by the Ministry of Environment, Conservation and Parks (MECP) in London February 14, 2020. Members were provided a backgrounder that included key messages.

FA35/2020 Moved by: Bill Mackie Seconded: Ralph Winfield That the staff report on the Multi-Stakeholder Consultation be received. Carried d) February Planning and Regulations Activity Report

FA36/2020 Moved by: Steve Peters Seconded: Dominique Giguère That the February 2020 Planning and Regulations Activity Report be received. Carried

Closed Session

The Closed Session meeting began at 11:01 a.m.

FA37/2020 Moved by: Joe Preston Seconded: Dominque Giguère That the Full Authority move to Closed Session to discuss Legal, Personnel or Property matters. Carried

Full Authority Meeting Minutes February 12, 2020 Page 4 of 6

FA38/2020 Moved by: Steve Peters Seconded: Joe Preston That the Full Authority revert to Open Session and Report. Carried

The Open Session resumed at 11:25 a.m. a) January 23, 2020 Closed Session Minutes

FA39/2020 Moved by: Bill Mackie Seconded: Ralph Winfield That the minutes of the Closed Session meeting of the Full Authority of January 23, 2020 be approved. Carried b) Litigation or Potential Litigation

No report.

c) Litigation or Potential Litigation

FA40/2020 Moved by: Steve Peters Seconded: Dominque Giguère That staff proceed as directed on a legal matter. Carried d) Property Matter

No report. e) Legal Matter

No report.

Upcoming Meetings The next meeting will be the Annual General Meeting to be held at the St. Thomas Public Library on February 19, 2020 starting at 9:30 a.m.

Full Authority Meeting Minutes February 12, 2020 Page 5 of 8

FA41/2020 Moved by: Ralph Winfield Seconded: Dominque Giguère

That the meeting adjourn at 11:30 a.m. Carried

______Elizabeth VanHooren Grant Jones General Manager/Secretary Treasurer Vice Chair

Full Authority Meeting Minutes February 12, 2020 Page 6 of 6

Full Authority Minutes February 19, 2020

The Year 2019 Annual Meeting of the Kettle Creek Conservation Authority was held on Wednesday, February 19, 2020 at 9:37 a.m. at the St. Thomas Public Library.

Members Present: Dennis Crevits Central Elgin Dominique Giguère Township of Malahide Stephen Harvey Middlesex Centre Bill Mackie City of London Elizabeth Peloza City of London Joe Preston City of St. Thomas Alison Warwick Thames Centre Ralph Winfield City of London

Members Absent: Grant Jones Southwold Township Linda Stevenson City of St. Thomas

Staff Present: Jennifer Dow Water Conservation Supervisor Michael Buis LWCA Coordinator Tim Chapman Lead Hand Jessica Kirschner Resource Assistant Marianne Levogiannis Public Relations Supervisor Betsy McClure Stewardship Program Supervisor Scott Pinnell Maintenance Coordinator Jeff Lawrence Forestry and Soils Supervisor Rob Lindsay DWCA Coordinator Aaron Root Forest and Lands Technician Kathleen Sebestyen-Scott Financial Services Supervisor Elizabeth VanHooren General Manager/Secretary Treasurer

Ms. VanHooren noted that the election of officers had occurred at the First Full Authority Meeting of the year. Mr. Stephen Harvey was elected as Chair and Mr. Grant Jones as Vice Chair. She then turned the meeting over to Mr. Harvey, who called the meeting to order at 9:37 a.m.

Audio/Video Record Notice

The Chair welcomed everyone to the meeting and read the following statement:

Board members, staff, guests and members of the public are advised that the Full Authority Board/Committee meeting is being video/audio recorded, and will be posted to the Authority’s web site along with the official written minutes. As such, comments and opinions expressed may be published and any comments expressed by individual Board members, guests and the general public are their own, and do not represent the opinions or comments of the Full Authority and/or the KCCA Board of Directors.

The recorded video of the Full Authority meeting is not considered the official record of that meeting. The official record of the Full Authority meeting shall consist solely of the Minutes approved by the Full Authority.

Declaration of Pecuniary Interest

There were no declarations of pecuniary interest.

Chair’s Remarks The Chair introduced 2020 Board Members and warmly welcomed partners and supporters. The Chair spoke of the various challenges faced in 2019, specifically around water. However, he also spoke to conservation authorities’ resiliency and various projects undertaken by KCCA in 2019 including the implementation of rain gauges with funding from the RBC Foundation and wetland creation projects with funding from Environment and Climate Change Canada’s EcoAction Program.

The full text of the Chair’s remarks is attached.

General Business a) Presentation of 2019 Financial Statements

Mr. Scott Trevors presented a brief explanation of the Financial Statements.

AM1/2020 Moved by: Dennis Crevits Seconded: Elizabeth Peloza That the Year 2019 Financial Statements be adopted as presented. Carried

Annual General Meeting Minutes February 19, 2020 Page 2 of 8

b) Presentation of the 2019 Annual Report

Ms. VanHooren presented the 2019 Annual Report. Ms. VanHooren noted various projects that were included in the report including the restoration of two decommissioned lagoons at the Port Stanley Sewage Lagoons into wetland habitat, projects undertaken by the Environmental Youth Corps and the creation of an invasive plant management program to mitigate and control the spread of invasive species on Authority lands.

AM2/2020 Moved by: Joe Preston Seconded: Bill Mackie That the Year 2019 Annual Report be adopted as presented. Carried

c) Presentation of the 2020 Budget and Municipal Levy

A preamble to the budget and levy vote was read by Ms. VanHooren as follows:

To provide conformity with legislation and regulations governing approval of Conservation Authority levies:

1. The proposed Year 2020 Levy and Apportionment for KCCA was circulated by registered mail to member municipalities on November 21, 2019, in order to provide a minimum 30 day notice to budget and levy approval on February 19, 2020. There is a 3.0% averaged levy increase over 2019 levels or $29,318.00. 2. A recorded vote will be taken, with each member responding either “For” or “Against” the motion. The motion carries or is lost, according to the total of weighted votes assigned to each board member. This weighted vote is based upon the Modified Current Value Assessment apportioned to that portion of each municipality within the jurisdiction of the KCCA watershed. 2. The 2020 levy and budget approved by the Board will be circulated by registered mail to participating municipalities on February 20, 2020, who if not satisfied, may appeal to the Mining and Lands Commissioner by March 31, 2020. Thereafter, no appeals are allowed and the Year 2020 budget and levy will be final.

AM3/2020 Moved by: Ralph Winfield Seconded: Alison Warwick

That the 2020 Budget of the Kettle Creek Conservation Authority be approved as presented;

That the member municipalities be assessed for payment:

Annual General Meeting Minutes February 20, 2019 Page 3 of 7

Matching Levy $426,279.25 Non-Matching Levy $496,390.94 Special Levy $ 83,907.98 Total General Levy $1,006,578.17

And that each member municipality’s share of the 2020 General Levy be calculated using “Modified Current Value Assessment. Carried

By Regulation, a recorded Vote was taken for Year 2020 Levy and Budget Approval. In the event that not all of a municipality’s member(s) are present, the member(s) in attendance represent(s) only their proportion of the municipal weighting in the voting.

The vote carried with 79.7% of the weighted vote present.

AM3/2020 Recorded Vote Member Municipality Present Levy % Weight % In Favour Opposed Absent City of London 57.49 50 Bill Mackie 16.67 • Elizabeth Peloza 16.67 • Ralph Winfield 16.66 • City of St. Thomas 27.39 32.22 Joe Preston 16.11 • Linda Stevenson 16.11 • Central Elgin 7.66 Dennis Crevits 9.01 • Southwold 3.78 Grant Jones 4.45 • Thames Centre 1.36 Alison Warwick 1.60 • Middlesex Centre 1.63 Stephen Harvey 1.92 • Malahide 0.68 Dominique Giguère 0.80 • Total 100 100

Special Presentation a) Staff Recognition The Chair recognized Rob Lindsay, Dalewood Conservation Area Coordinator for five years of service. b) Perry Clutterbuck – Kettle Creek Environmental Trust Ms. VanHooren recognized Perry Clutterbuck as a founding member of the Kettle Creek Environmental Trust. Mr. Clutterbuck was a driving force behind the creation of the Trust and Annual General Meeting Minutes February 19, 2020 Page 4 of 8

remained an active trustee until his resignation in late 2019. The Trust began with a small endowment of $10,000 and now has assets just over $321,000. Mr. Clutterbuck graciously accepted.

Guest Speaker: Pete Zuzek Pete Zuzek, of Zuzek Inc., a world renowned coastal geomorphologist provided an overview of recent studies investigating the impact of current and future lake levels on the shoreline within the Lake Erie basin. Mr. Zuzek’s presentation is attached.

Following the presentation, the Chair asked guests to remain and continue to engage with each other and Mr. Zuzek. The Chair thanked Riggs Engineering and Graham, Scott Enns for sponsoring the meeting.

AM4/2020 Moved by: Alison Warwick Seconded: Dennis Crevits

That the meeting adjourn at 10:54 a.m. Carried

______Elizabeth VanHooren Stephen Harvey General Manager/Secretary Treasurer Chair

Annual General Meeting Minutes February 20, 2019 Page 5 of 7

Chair’s Remarks 2018 Annual General Meeting Stephen Harvey February 19, 2020

It is my pleasure to welcome you to KCCA’s Annual General Meeting. A warm welcome and expression of gratitude to our many partners and supporters in the room today - all important to our success and the concerted effort to make our local watershed a healthier, happier and greener place to work and play. Thank you.

I would like to take a moment and introduce the members who are present today.

Dennis Crevits Municipality of Central Elgin Dominique Giguere Township of Malahide Grant Jones Township of Southwold, Bill Mackie City of London Elizabeth Peloza City of London Joe Preston City of St. Thomas Linda Stevenson City of St. Thomas Steve Peters City of St. Thomas (alternate) Alison Warwick Municipality of Thames Centre Ralph Winfield City of London

Today we pause … two months into a fresh new decade full of promise … poised to embrace change … to look back on a challenging year.

And if I could sum up 2019 in one word it would be…. Water. Water… is a powerful resource. The hope is that you have the right amount, at the right time, and of the right quality. In 2019, we had too much water, at the wrong time and the programs and services that CAs have developed in partnership with our municipalities and the province ….to ensure the quality of our water, to mitigate against flooding and erosion continued to be evaluated for their effectiveness.

Normally the watershed receives about 76mm of rain in a month …. In the first two weeks of May, the watershed received 100 mm of rain… completely saturating the ground. Water ponded in our campgrounds, on sites and on roads – making it impossible for Lake Whittaker and Dalewood to open its doors on May 1 and cost us the premier camping weekend of the year – Victoria Day Long Weekend. Financially, the wet spring cost the Authority approximately thirty to forty thousand dollars in self- generated revenue.

Lake Erie itself was at an all-time high for most of 2019 … reaching a record breaking 175.19 metres above chart datum on June 22, 2019. At this height, Port Stanley and the Lake Erie shoreline areas were at a higher risk of flooding due to storm surge. Our Port community and shoreline faired far better than others in the western portion of the Lake Erie basin – but it was never the less a trying time for marina owners and residents of Port Stanley who often saw water levels fluctuate by 5-12cm over the course of Annual General Meeting Minutes February 19, 2020 Page 6 of 8

day depending on wind speed and direction. The change in water level from the beginning to the end of June was 10cm, which is five times higher than normal.

Then, on April 12, 2019 KCCA – along with the other 35 conservation authorities in the province - were advised by the Ministry of Natural Resources and Forestry (MNRF) that the Transfer Payment that directly funds flood management programs was being reduced by half – a financial impact of $58,000. To compensate for the loss – KCCA made the difficult decision to not replace the GIS/IT Supervisor that was open due to a resignation. The position was created just a few years earlier to facilitate updated floodplain and hydrology mapping – moving the Authority towards open-data and a digital-first approach to programs and services.

But, CAs are known for their resiliency. We’ve had good news stories over the past year too. RBC Foundation contributed $15,000 to empower citizens to become active in flood resiliency. With RBC’s assistance, KCCA was able to purchase rain gauges that landowners throughout the watershed will monitor - filling in data gaps to better inform flood forecasting. Over 20 landowners are interested in collecting rain data. Internet cameras are also being installed at key locations in the watershed so that flood waters can be safely monitored.

We received funding from Environment and Climate Change Canada’s EcoAction Program to implement wetland creation projects in our watershed over the next three years. Four wetland projects were completed in 2019. An additional 30 BMP projects that will improve habitat conditions and water quality across Elgin County were funded by the Elgin Clean Water Program, a program KCCA administers on behalf of the Elgin CAs with funding from Elgin County and the Green Lane Community Trust Fund.

And as we work with the Province, through comprehensive consultation on the proposed changes to the Conservation Authorities Act, Ontario’s Special Advisor on Flooding Report was released. It concluded that, “the development of the modern floodplain policy in Ontario, the watershed approach, the conservation authority model, and the flood standards have been extremely effective at reducing risks.”

The report went on to make 66 recommendations … 15 pertained directly to CAs. The report advocates that the province should work to update technical guides to support CAs in their delegated provincial responsibilities. It promotes that all levels of government work with Essex and Lower Thames Valley Conservation Authorities to undertake strategies to address the impacts of flood and erosion hazards on Lake Erie. And finally, it highlighted, CA’s integrated watershed management approach to flooding … that the province should support CAs and municipalities to create natural green infrastructure like wetlands and forests.

And on that point, we have truly come full circle. Because in KCCA’s 1967 Conservation Report … the report that outlined the authority’s purpose … it was recognized that even though CAs were, “brought into being because of flooding” … all were aware of the necessity to carry out supplementary measures such as reforestation, proper woodlot management, and prevention of pollution and recreation.

Conservation Authorities were created on a watershed scale, to work in cooperation with our member municipalities, the province and our many stakeholders to help protect life and property from the power of water – by respecting it enough to care about how it can be protected. I’m proud to be part of that vision – and look forward to a new decade of conservation.

Annual General Meeting Minutes February 20, 2019 Page 7 of 7

Attacking Ontario’s conservation authorities puts lives at risk

By Wendy BurtonContributor Thu., Feb. 20, 2020timer2 min. read First came the deluge — six inches of spring rain on snow over five days. River levels rose seven meters above normal.

Then came destruction — $52 million in today’s dollars, more than 1,000 homes and businesses damaged beyond repair, a man swept from a rescue boat, a train engineer and two passengers killed as an overpass gave way, a doctor rushing to the scene drowned when a bridge collapsed as he drove over it.

This was in 1937 in London, Ont., where unregulated development in the Thames River watershed had destroyed forests, wetlands, and green fields. The stripped landscape could not absorb the devastating floodwaters.

Now, Conservation Authorities prevent such disasters — but for how long? The future is in doubt as some developers demand a weakening of protection — and the provincial government indicates it is listening.

Conservation authorities (CAs) are an Ontario innovation — based on nature’s boundaries, rather than political boundaries. Municipalities within a single wa- tershed create CAs in order to share the costs of managing water quality and quantity, benefitting farmers and local residents and businesses.

Throughout the 1930s, farmers, conservationists, hunters and fishermen pressed for wiser watershed management. Finally, in 1946, the Progressive Conservative government of George Drew passed the Conservation Authorities Act.

It took the even bigger 1954 disaster of Hurricane Hazel to make more Ontarians embrace watershed management. Hurricane Hazel killed 81 people. The damage cost $1.3 billion (in current dollars).

In the aftermath of Hurricane Hazel, the Ontario government enhanced the flood protection mandate of Conservation Authorities. They even increased funding to buy and hold lands that would reduce runoff and flooding. Today, 36

CAs conserve, restore, and manage natural resources for the 95 per cent of On- tarians within their boundaries.

Thanks to Conservation Authorities, Ontario is a leader in Integrated Water Re- sources Management (IWRM). At a time when climate change is impacting wa- ter quality and quantity in disastrous ways, IWRM and Conservation Authorities are more important than ever.

Despite their important role, some CAs face opposition from short-sighted or self-interested parties wanting to build in flood plains, significant woodlands, or beside or in wetlands.

They argue that such protections must be swept aside to make room for more housing and perpetuate a myth that there is a scarcity of land zoned within our towns and cities for more building. This, although all municipalities have already set aside more than enough lands for projected future population growth.

The province should ignore the calls for hobbling CAs and help the ones in under -resourced areas operate as well as the better resourced ones can. Ontario’s CAs save lives, preserve economic prospects, and protect our environment. Let’s build on our successes and appreciate, rather than attack, this unique Ontario innovation.

Dr. Wendy Burton is a professor at the Department of Politics and Public Administration at Ryerson University.

Preserving the Watershed Approach and the Conservation Authority Model is Critical

Conservation authorities (CAs) are under the microscope again.

Since January 31, 2020, the Province has been hosting multi-stakeholder roundtable and online consultations asking people how they feel about the conservation authorities’ programs, the CA model, their planning and permitting roles, how they’re governed and whether or not they’re effective partners.

The consultations have been lively and crowded, with discussions focused on a specific series of questions posed by the Province. (These same questions are available on an online survey for anyone to respond to by March 13. Conservation Ontario’s submission to this survey can be found HERE).

We’ve heard both pros and cons about conservation authorities. Detractors have criticized the CAs saying there is a lack of accountability, transparency and consistency, or as in the case of one presenter, there should be no conserva- tion authorities at all.

However, there’s also been very strong support – particularly from municipalities and other agencies- for their plan- ning and regulatory roles which protects people and property as well as the broader watershed management responsi- bilities of conservation authorities.

It seems to us that recent efforts to constrain the budgets, role and mandate of conservation authorities is actually contradictory to the needs of the Province and municipalities. We just have to look at what’s happened in the last 12 months to see impacts to public health and safety as well as the budgets of all levels of government:

 Extreme flooding in 2019 started in the spring and continued throughout the summer and into the fall in many are- as of Ontario creating significant costly damages and business disruptions as well as prolonged stress for property own- ers.

 A number of municipalities recently declared climate change emergencies in response to what they’re seeing local- ly as a result of public health and costly environmental concerns.

 Residents along the shorelines of the Great Lakes and St. Lawrence River have been frequently battling high water levels. In fact, homes along a strip of Lake Erie shoreline have just been asked to evacuate the area in the event of a dyke failing (Feb 28, 2020). It is anticipated that the lake levels will be higher in 2020.

 A 2019 report on the environment from Ontario’s Auditor General says that Ontario’s watersheds are stressed. The report points out that ‘…Ontario’s watersheds have seen some positive trends, but continue to show signs of stress as well, mainly in southern Ontario where there is less green space and more people, industry, and development’.

If the Province wants to make sure they are doing all they can to help those struggling with flooding and other climate change impacts, the first step would be to support the conservation authorities by re-instating the provincial funding for natural hazards transfer payments and making sure changes to the Conservation Authority Act and its regulations still protect the watershed approach and the CA model.

Municipal Support for Conservation Authorities

Many municipalities are putting the Province on notice by sharing resolutions supporting their local conservation au- thorities. They see the local impacts first hand and want to protect the abilities of CAs to continue their roles around flood management, plan review and input, permitting, stewardship and a number of other activities. The Association of Municipalities of Ontario (AMO), which represents 444 municipalities across the province, are recommending im- provements, not wholesale change.

Conservation authorities recognize improvements can be made and have been working with the development sector, agricultural representatives, the Province and municipalities to improve their consistency, transparency and accounta- bility around planning and permitting – particularly in high growth areas. We know there are more improvements we can make and are committed to work towards them. Conservation Ontario will continue to support the CAs’ ability to make these consistent improvements by working on guidelines, templates and training with AMO and development sector provincial associations and the Province.

Through its Made-In-Ontario Environment Plan, the Province has committed to build environmental resilience, reduce emissions, tackle pollution and protect our air, lakes and rivers.

Conservation authorities are natural partners for this work. They can attract partners, leverage funding and share their extensive watershed knowledge and expertise.

Conservation Ontario has many recommendations to the Province in our submission to the online survey, however, there are a few very important messages we’re stressing:

Protect the watershed approach and keep the conservation authority model The Province’s own independent Provincial Flood Advisor, Doug McNeil, supported the watershed-based conservation authority model in his 2019 report to the Ministry of Natural Resources and Forestry (MNRF). The Mandatory programs being proposed by the Province need to capture the watershed-approach including a mix of watershed-wide programs and services that allow CAs to address multiple issues – both natural and human – which are connected and impact our environment. A watershed approach is the best way to address the impacts of climate change.

Protect the role of conservation authorities in plan review and permitting The CAs’ role in planning decisions under the Planning Act, Environmental Assessment Act and Niagara Escarpment Planning and Development Act ensure that developments do not result in changes to the floodplain and natural herit- age (e.g. wetlands) that would put communities at risk from flooding. The 2019 Flood Advi- sor’s report showed strong support for the conservation authority model in protecting Ontar- io from the impacts of climate change. This model only works if CAs have the power to inter- vene in planning decisions and development applications.

Equally important is the CA commenting role as a watershed management agency whereby CAs provide advice on the implications of the development application on the broader natu- ral resources (including for example, water and natural heritage) within its watershed.

Anyone – not just participants at the roundtables – can submit their comments to the online survey. Conservation Ontario’s responses can be found on our website.

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Page 1 of 2

TO: Board of Directors

FROM: Jennifer Dow

Date: April 15, 2020

Subject: April 2020 Watershed Conditions Report

Recommendation: For your information

PURPOSE To inform the Board of Directors of the current and seasonal watershed conditions.

REPORT SUMMARY  Water levels throughout the watershed are fluctuating with rain events.  Water levels in Lake Erie are currently breaking records set in 1986.  Lake Erie Shoreline Watershed Conditions Statement—Flood Outlook updated on April 1, 2020.

BACKGROUND

Due to ongoing high water levels in Lake Erie, KCCA maintained the Lake Erie Shoreline Watershed Conditions Statement—Flood Outlook for the month of March, which was updated on April 1, 2020. Water levels in Lake Erie remain above record-highs set in 1987, and are expected to remain elevated for the next several weeks. High water levels in Lake Erie can contribute to an increased risk for flooding and erosion along the shoreline due to storm surge.

As of April 5, 2020, Lake Erie’s static water level daily mean was 176.06m. This water level is 85cm above average and 29cm higher than this time last year. Water level data also indicates that the mean is 6cm higher than the record set in April 1986. This level does not account for any increase in water levels due to storm surge or wind driven waves.

Creeks and watercourses throughout the watershed, including Lake Erie, are ice free. At this time last year there was still lingering ice cover in the eastern basin of Lake Erie! Flood events at this time of year will be due to intense rain events or storm surge.

Recent rain events have helped to maintain water levels and base flows throughout the watershed. The watershed received about one and a half times more rain than normal in March, with the three month precipitation levels higher than normal for January to March.

March ended with a windy cold front that brought with it gusty winds from the southwest and enough rain to boost water levels throughout the watershed. This minor runoff event did not result in any significant flooding.

RECOMMENDATION For information. Page 2 of 2

2019 Year End Report

PROGRAM BACKGROUND

In 2012, the Elgin Clean Water Program was initiated as a collaboration between the four conservation authorities (CAs) responsible for watershed management within Elgin County: Catfish Creek CA, Kettle Creek CA, Long Point Region CA and Lower Thames Valley CA. The CAs recognized a need in Elgin County for a program that provides the necessary technical expertise and financial incentives for landowners that are interested in implementing environmental projects. CAs have the knowledge and resources to identify where BMPs are best suited on the landscape and the ability to monitor watershed conditions over the long-term to evaluate effectiveness and ensure accountability.

A Review Committee has been established to oversee the program and to review and approve projects. This Committee is comprised of representatives from the County of Elgin, the Elgin Soil and Crop Improvement Association, the Ministry of Natural Resources and Forestry and the Elgin Federation of Agriculture.

The following project categories have been approved by the Review Committee for implementation.  Well Management  Wetland/Riparian Protection/Restoration  Erosion Control Structures  Livestock Management  Clean Water Diversion  Other Projects

In 2017, the Elgin Clean Water Program established the Cover Crop Incentive Program which provides an incentive for farmers to plant cover crops on their farm in an effort to provide erosion control on fields over the winter months.

PROGRESS TO DATE

To date, 205 projects have been completed across Elgin County since the program began in 2012. Total project costs have exceeded $2,421,000. The ECWP has contributed $567,583 in grants to landowners to undertake projects. Landowners have leveraged the ECWP funding to obtain $1,020,151 in matching funding and contributed $833,886 of their own funds, labour and equipment.

2019 PROGRAM SUMMARY

In 2019, 30 projects were completed, totalling $85,461.22 in ECWP grants. The breakdown of completed projects was as follows:

 4 Erosion Control  15 Wetland and Riparian Protection/Restoration  8 Other Projects (4 tallgrass prairie planting, 2 tree planting, 1 septic system upgrade, 1 snake hibernaculum)  3 Cover Crop

SAMPLE PROJECTS

Wetland Creation

A wet area of agricultural land was restored through the excavation of a wetland. In addition, 3,500 native tree and shrub seedlings were planted in the surrounding area to provide additional wildlife habitat. In total, approximately 4 acres of land was naturalized.

Snake Hibernaculum A snake hibernaculum was excavated on a high knoll of this farm to provide valuable nesting and over- wintering habitat for a variety of snakes in the area. The hibernaculum complimented other restoration projects completed on the farm such as wetlands and tallgrass prairie.

Erosion Control Sheet erosion had been forming rills and gullies at the edge of ravine on this farm property. A total of 6 rock chutes were installed in key locations, helping slow the water down and reduce erosion. LARGE SCALE RESTORATION PROJECTS

The Elgin Clean Water Program supported a large partnership project between Kettle Creek Conservation Authority, the Municipality of Central Elgin, Elgin Stewardship Council, Ducks Unlimited and the St. Thomas Field Naturalist Club. Two of the lagoons at the Port Stanley Sewage Lagoons were decommissioned and restored to wetland habitat. The site is among the best-known spots in Elgin County to view birds due to the significant habitat provided by the lagoons in proximity to Lake Erie. Adjacent lands will be planted into tallgrass prairie and native trees and shrubs in 2020. In total, 30 acres will be restored.

This multi-year project will see the entire property restored through wetland creation and tall grass prairie planting on former agricultural land that is located a short distance from Lake Erie with Talbot Creek flowing through the property. With support from the Elgin Clean Water Program, 25 acres of tallgrass prairie was planted in 2019 and three wetland cells were created. Work at this site will continue into 2020 to provide erosion control, sediment and nutrient filtering, as well as connecting the landscape and providing habitat for species at risk.

2019 PROGRAM SPONSORS

2019 LANDOWNER TESTIMONIALS

 “The project not only improves the environment, protects nature but brings benefits to the community and our farming business. It’s a win-win result.”

 “ECWP is easy to work with and a great partner in making environmental improvements.”

 “The project is satisfying and the implementation has added an important conservation feature on our farm and aesthetic beauty.”

 “The ECWP makes it possible for farmers to be able to afford to protect waterways and wildlife.”

 “The financial support through ECWP has helped considerably to fund the planting of trees in a five acre field on our farm. The trees have become established and we are looking forward to watching them grow and become a haven for wildlife.”

The Elgin Clean Water Program is a partnership of:

TO: Board of Directors

FROM: Elizabeth VanHooren

Date: March 25, 2020

Subject: MECP Consultation on CA Act - Update

Recommendation: For the information of members

PURPOSE To provide members with information on the Ministry of the Environment, Conservation and Parks ongoing Consultations on the CA Act.

REPORT SUMMARY  The Ministry of Environment, Conservation and Parks hosted three multi- stakeholder engagement sessions to solicit insight for the development of amendments to the Conservation Authorities Act and associated regulations: January 31 (); Friday February 7 (Colborne) and Friday February 14 (London) and a fourth in Northern Ontario.  The province also conducted an on-line survey from February 14 – March 13, 2020 soliciting additional feedback based on similar questions asked at the multi- stakeholder sessions.  The Association of Municipalities of Ontario (AMO) wrote to Minister Yurek advising that it has received over 30 unsolicited municipal resolutions in the past year on the issue of Conservation Authorities. All but one supported CAs and many of the resolutions called for an increase in provincial funding.  Additional municipal letters/motions of support continue to be issued.

Recommendation: For the information of members.

Sent via email to: [email protected]

February 21, 2020

The Honourable Jeff Yurek Minister of the Environment, Conservation and Parks College Park 777 Bay St, 5th Floor, , ON M7A 2J3

Dear Minister Yurek:

On behalf of the Association of Municipalities of Ontario (AMO), I would like to thank you for the invitation to participate at the recent multi-stakeholder events to consider our Conservation Authorities. While the timelines did not permit an AMO presentation at each session, we appreciate the opportunity to offer the perspectives of municipal governments. We also appreciate your remarks at the London session and for dispelling some myths that had been circulating.

Enclosed are the resolutions that AMO has received over the past number of months on the issue of Conservation Authorities. All but one are supportive of the role conservation authorities play in supporting municipal responsibilities both from a land use planning perspective and a hazard avoidance or mitigation perspective. Many of these resolutions also call for increased provincial funding. Just to provide some context, the Green Energy Act came into being in 2009 and four years later there were 55 municipal anti-wind resolutions. To receive over 30 unsolicited municipal resolutions in the past year speaks to the passion with which many support Conservation Authorities. It stresses to AMO that municipal governments are looking for improvements, but not wholesale change.

The discussion around what activities are required to support the mandated responsibilities in the Conservation Authority Act is of vital interest to municipal governments. We are eager to learn what specific activities are required so that we can better understand what are non-mandated activities. We also are looking for greater clarity as to what activities will require a municipal memorandum of understanding and what would not. Draft legal agreements between municipal governments and conservation authorities will need to be addressed shortly if they are to be in place for fiscal 2021.

Thank you again for committing to a session in North Bay. This meeting will be very helpful for those who want to participate but found the time and cost to travel was beyond their budgets.

200 University Ave. Suite 801 www.amo.on.ca Tel 416. 971.9856 Toll Free in Ontario Toronto, ON, M5H 3C6 [email protected] Fax 416. 971.6191 877.426.6527 2

We share your interest in better understanding what ideas have been offered during the consultations to assist Conservation Authorities in being more effective. AMO is willing to work with you and other partners as the important next steps are contemplated.

Sincerely,

Jamie McGarvey AMO President Mayor of Parry Sound

cc: The Honourable Steve Clark, Minister of Municipal Affairs and Housing

Encl: Municipal Government Resolutions pertaining to Conservation Authorities

200 University Ave. Suite 801 www.amo.on.ca Tel 416. 971.9856 Toll Free in Ontario Toronto, ON, M5H 3C6 [email protected] Fax 416. 971.6191 877.426.6527

November 18, 2019

Mr. Donald N. Leitch By Email Chief Administrative Officer & Clerk Municipality of Central Elgin 450 Sunset Drive, Elgin County Administration Building St.Thomas, ON N5R 5V1

Mr. Wendell Graves, City Manager By Email City of St. Thomas PO Box 520, City Hall Annex 545 Talbot Street St Thomas, ON N5P 3V7 Re: Notice of Intended Renewal: Off-Leash Dog Park

Dear Messrs. Leitch and Graves:

Kettle Creek Conservation Authority, the Municipality of Central Elgin, and the City of St. Thomas jointly signed an agreement to undertake an Off-Leash Dog Park at Dan Patterson Conservation Area on February 5, 2014. Unless renewed in accordance with clause 1(b)(iii) Term/Renewal the agreement will terminate on June 30, 2020.

According to clause 1(b)(iii) the agreement may be renewed for one (1) additional term of five (5) years, commencing on July 1, 2020 and ending on June 30, 2025, provided that party proposing a renewal term delivers a “Notice of Intended Renewal” to the other Parties no later than December 31, 2019.

Please accept this as KCCA’s “Notice of Intended Renewal” to the City of St. Thomas and the Municipality of Central Elgin to renew the aforementioned agreement until June 30, 2025.

The City and Municipality now have thirty (30) days upon receipt of this Notice to deliver a Notice of Acceptance of Renewal, or alternatively, a Notice of Refusal of Renewal, failing which it will be deemed that the City and Municipality have accepted the proposed renewal.

I trust that based on the success of this mutual undertaking that KCCA can count on your interest in renewing this agreement for another term. I understand that staff are undertaking a meeting to discuss the ongoing arrangements and that any matters worthy of discussion may be raised at that time. If you have any questions, or concerns, please contact the undersigned.

Sincerely,

Elizabeth VanHooren General Manager/Secretary Treasurer

February 18, 2020

Sara Peckford Food Safety and Environmental Policy Branch 1 Stone Road West Ontario Government Building, 2nd Floor, Southwest , ON N1G 4Y2

Ms. Peckford:

Re: Conservation Ontario’s Comments on the “Drainage Act Discussion Paper” (ERO # 019- 1187)

Thank you for the opportunity to provide comments on the “Drainage Act Discussion Paper”. Conservation Ontario (CO) is the network of Ontario’s 36 conservation authorities (CAs). Conservation Ontario appreciates the webinar that the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) hosted to better inform CAs about this proposal and the acknowledgement within the discussion paper that CAs have worked closely with the agricultural and drainage communities to streamline approvals for low risk activities through the Drainage Act and Conservation Authorities Act Protocol (“DART”). These comments are not intended to limit comments provided directly by CAs on this discussion paper.

Comments on the Drainage Act Discussion Paper

1. Supporting technical protocols – Authority to adopt protocols by reference in regulation

Conservation Ontario is supportive of legislative changes that would allow for the Minister to collaboratively develop and sign off on technical protocol documents, such as the DART. Prior to Ministerial sign off, these protocols should also proceed through a public consultation process. Conservation Ontario agrees that the DART model is an appropriate model to emulate for future protocol development. The DART model has been successful as it focused on establishing mutually agreeable solutions that streamlined approvals, addressed stakeholder concerns and maintained environmental standards utilizing a multi-agency approach. Conservation authorities are prepared to assist in the development of future technical protocols and have identified additional potential protocols in response to question 1 below.

120 Bayview Parkway Newmarket Ontario L3Y 3W3 Tel: (905) 895-0716 Fax: (905) 895-0751 Email: [email protected] 1 www.conservationontario.ca

2. Streamlining Approvals – Creating a new process for minor improvements

Conservation Ontario is supportive in principle of the proposal to create a new process for minor improvements to municipal drains. Through their stewardship programs, conservation authorities have been involved in many projects that which could have benefited from a streamlined approval process (e.g. reconnecting flood plain area due to drain spoil bank placement, bank protection, buffer enhancement, etc.) Streamlining the approval process for these projects would have provided an additional incentive for landowners to undertake these actions. It is noted that these activities would generally fit into the “addition of a feature with environmental benefits” example provided within the discussion paper.

The other examples of minor improvements provided within the discussion paper require careful consideration and further discussion with affected stakeholders. For example, “creating or widening a crossing” would not necessarily be considered a minor activity if it was proposed on a large watercourse with extremely high flow velocities. This new crossing could potentially restrict flow capacity leading to potential ice jams or increased erosion. “Relocating a drain on an individual property” may also not be considered a minor activity, given the size of individual properties and the nature of individual watercourses will vary significantly. The current DART protocol streamlines maintenance and repair of existing municipal drains, with approved engineers reports and a municipal by-law. The proposed examples of minor improvements may not conform to regulations made under the Conservation Authorities Act and any proposal to create a new process for minor improvements to municipal drains should acknowledge that additional approvals under other pieces of legislation may still be required. Given the shared interest in streamlining approvals and managing watercourses, Conservation Ontario respectfully requests direct involvement with the development of proposed technical protocols and regulations to streamline minor improvements to municipal drains.

3. Simplifying Administrative Processes – Accounting for changes to drain design during construction

Conservation authorities are generally supportive of simplifying the process to account for minor changes to the design plans in the engineer’s report because of unforeseen site conditions in the field. The proposed “simplified process” should include a requirement to consult with the applicable CA. Any amendments to the engineer’s report must not contravene an existing permission under the Conservation Authorities Act and there may be a requirement to amend the permit to reflect the as-built condition. The requirement to consult with the applicable CA will prevent non-compliance issues under another piece of provincial legislation. The proposed simplified administrative process should require clearance from the local CA or the Ministry of Natural Resources and Forestry for areas outside of CA watersheds, prior to granting the municipality authority to maintain the drain “as built”.

Questions for Consultation

i. Beyond the DART Protocol, what additional protocols could be established to help streamline approvals?

Conservation Ontario welcomes the opportunity to work in partnership with the drainage community to develop additional protocols to help streamline approvals. As previously indicated, Conservation Ontario is supportive of the DART model and acknowledges that an update to the group’s Terms of Reference 120 Bayview Parkway Newmarket Ontario L3Y 3W3 Tel: (905) 895-0716 Fax: (905) 895-0751 Email: [email protected] 2 www.conservationontario.ca could assist in broadening the scope of its work. In general, it is recommended that a process be established to monitor and report on the effectiveness of the existing and proposed streamlined protocols, looking at parameters including reduction of administrative burden, improved drainage and the maintenance of environmental standards.

Additional protocols to be considered include:

 Bridge/Culvert Design and Approval Protocol (for upsizing) Currently, the Drainage Act does not allow deviation from an approved engineer’s report to upsize an existing bridge/culvert or to add a new bridge/culvert to the existing report without re-opening the entire report. This results in money that could be used on improved infrastructure being spent on the approval process. The current process deters private landowners and occasionally municipalities from properly upsizing a stream crossing even when the existing structure is causing flooding and/or erosion. A streamlined protocol (and corresponding clauses in a proposed regulation for minor improvements) would encourage the installation of appropriately-sized watercourse crossings and should include reference to the local flood event standards.

 Erosion Control Protocol It is recommended that a protocol document be developed which allows for the design, installation and streamlined approval/inclusion in the drainage report of field, bank and channel erosion controls. This will help to incentivize erosion control projects on municipal drains that do not currently conform to the existing drainage report.

 S. 78 Drainage Act Improvements Conservation Ontario would support a new DART protocol for S. 78 Drainage Improvements to streamline very low risk activities and to clearly identify the types of activities that are likely to require permissions under the Conservation Authorities Act.

 Invasive Species Management Protocol Given the shared concern between the municipalities and conservation authorities with regard to the spread of invasive species (e.g. Phragmites) via waterways, an invasive species management protocol may be appropriate. These invasive species can cause blockages that cannot be easily rectified via traditional drain maintenance.

 Drainage Act and Conservation Authorities Act Compliance Protocol While it is acknowledged that this protocol would not assist with streamlining approvals, it would assist with the maintenance of approved municipal drainage projects. As drainage works often meet the definition of a watercourse under the Conservation Authorities Act, municipal Drainage Superintendents and CA staff should work together to achieve compliance related to Drainage Act and Conservation Authorities Act approvals.

ii. What projects should be included in the definition of minor improvements? What else would you like a minor process to achieve?

Conservation Ontario recommends that the definition of minor improvements should be developed in a collaborative, forum, similar to that of DART. Potential projects to consider include: installing new

120 Bayview Parkway Newmarket Ontario L3Y 3W3 Tel: (905) 895-0716 Fax: (905) 895-0751 Email: [email protected] 3 www.conservationontario.ca appropriately-sized crossings, upsizing existing crossings, and the addition of a feature with environmental benefits (vegetative buffers, bio-engineering erosion control projects, etc.). Additional projects to discuss could include tile extensions/relocations/re-sizing; new catch basins/junction boxes; and works outside of a CA regulated area. In the development of the definition of minor improvements, there may need to be a differentiation between works within or outside of a CA regulated wetland.

iii. Do you have any specific concerns with any of the items discussed in the paper?

Conservation Ontario has previously identified concerns related to the proposed definition of minor improvements. Throughout this process of creating regulations and protocols it should be acknowledged that other approvals may still apply to the drainage works. These approval agencies (i.e. CAs) should be directly consulted with in the development of any protocols or regulations.

iv. Do you have any additional suggestions to reduce burden or contribute to additional opportunities for your business?

In addition to the current review, OMAFRA should consider:  Modernizing the technical design standards for drainage works to better assist with rural stormwater management, flood mitigation and resiliency, and erosion protection;  Modernizing the notification system regarding drain meetings under the Act (e.g. providing more options than regular mail) to encourage greater participation;  Amending the timeframe requirements for the submission of a new Engineer’s Report to Council to allow reasonable time for external agency review; and,  Modernizing the assessment of costs process to incentivize landowners who employ BMPs such as buffer strips.

Thank you for the opportunity to provide comments on the “Drainage Act Discussion Paper” and for facilitating a webinar on this topic for conservation authority staff. Conservation Ontario appreciates OMAFRA’s commitment to consult further on more specific changes to be included in a regulatory proposal for minor drain improvements and looks forward to working collaboratively with OMAFRA on this work, as well as in the development of future protocols. Should you have any questions about this letter, please feel free to contact me at [email protected] or extension 226.

Sincerely,

Leslie Rich Policy and Planning Liaison c.c. all CA GMs/CAOs Jennifer Keyes, Director, Natural Resources Conservation Policy Branch, Ministry of Natural Resources and Forestry Ling Mark, Director, Great Lakes and Inland Waters Branch, Ministry of Environment, Conservation and Parks

120 Bayview Parkway Newmarket Ontario L3Y 3W3 Tel: (905) 895-0716 Fax: (905) 895-0751 Email: [email protected] 4 www.conservationontario.ca

P.O. Box 5035 300 Dufferin Avenue London, ON N6A 4L9

March 3, 2020

A. L. Barbon Managing Director, Corporate Services and City Treasurer, Chief Financial Officer

I hereby certify that the Municipal Council, at its meeting held on March 2, 2020 resolved:

That the following actions be taken with respect to Environmental Services:

a) the net 2020-2023 Multi-Year Operating Budget for the following services within Environmental Services BE ADOPTED:

i. Page 81 – Kettle Creek Conservation Authority excluding provincial impacts - $2,199,000 ii. Page 81 – Kettle Creek Conservation Authority provincial impacts for consideration - $133,000 iii. Page 81 – Lower Thames Valley Conservation Authority excluding provincial impacts- $680,000 iv. Page 81 – Lower Thames Valley Conservation Authority provincial impacts for consideration - $19,000 v. Page 81 – Upper Thames River Conservation Authority excluding provincial impacts - $16,171,000 vi. Page 81 – Upper Thames River Conservation Authority provincial impacts for consideration - $451,000 vii. Page 80 – Environmental Action Programs and Reporting - $3,330,000 viii. Page 80 – Garbage Recycling and Composting - $82,011,000

b) the 2020-2023 Multi-Year Capital Budget for Environmental Services BE ADOPTED:

i. Page 82 – Lifecycle Renewal Capital Budget - $8,790,000 ii. Page 82 – Growth Capital Budget - $0 iii. Page 82 – Service Improvement Capital Budget - $51,500,000

c) the 2024-2029 Multi-Year Capital Forecast for Environmental Services BE ADOPTED in principle:

i. Page 82 – Lifecycle Renewal Capital Forecast - $9,315,000 ii. Page 82 – Growth Capital Forecast - $20,000,000 iii. Page 82 – Service Improvement Capital Forecast - $8,000,000. (4.3/4/SPPC)

C. Saunders City Clerk /hw

cc: K. Murray, Director, Financial Planning & Business Support M. Galczynski, Manager lll, Financial Planning & Policy J. Davies, Manager lll, Financial Planning & Policy

The Corporation of the City of London Office 519.661.2489 ext. 4599 Fax 519.661.4892 [email protected] www.london.ca

K. Scherr, Managing Director, Environmental and Engineering Services and City Engineer J. Stanford, Director, Environment, Fleet and Solid Waste Kettle Creek Conservation Authority c/o E. VanHooren, General Manager Lower Thames Valley Conservation Authority c/o M. Peacock, General Manager Upper Thames River Conservation Authority c/o I. Wilcox, General Manager

The Corporation of the City of London Office 519.661.2489 ext. 4599 Fax 519.661.4892 [email protected] www.london.ca

March 27, 2020

The Honourable Jeff Yurek Minister of Environment, Conservation and Parks (MECP) 777 Bay Street, 5th Floor Toronto, ON, M7A 2J3

RE: Minister's Direction for Conservation Authorities during the COVID-19 Outbreak

Dear Minister Yurek,

I am writing to congratulate you on the speed with which you released your Minister’s Direction for Conservation Authorities during the COVID-19 Outbreak. Your team has been responsive and collaborative in its approach to identify the needs of the conservation authorities and this is greatly appreciated. On behalf of our member conservation authorities, thank you for the timely release of the Minister’s Direction in support of all our efforts to continue to serve Ontarians during these challenging times.

Sincerely,

Wayne Emmerson Chair, Conservation Ontario c.c. The Honourable Steve Clark, Minister of Municipal Affairs and Housing (MMAH) The Honourable John Yakabuski, Minister of Natural Resources and Forestry Chloe Stuart, Assistant Deputy Minister, Land and Water Division, MECP CAOs, All Conservation Authorities

Ministry of Natural Resources and Ministère des Richesses naturelles et Forestry des Forêts Regional Operations Division Division des opérations régionales Integration Branch Direction de l'intégration

300 Water Street 300, rue Water Peterborough, ON K9J 3C7 Peterborough (Ontario) K9J 3C7 Tel.: 705-755- 1620 Tél.: 705-755- 1620

Fax.: 705-755- 1201 Téléc.: 705-755- 1201

April 1, 2020

Ms. Elizabeth VanHooren General Manager/Secretary-Treasurer Kettle Creek Conservation Authority R.R. #8 44015 Ferguson Line St. Thomas, Ontario N5P 3T3

[email protected]

Dear Ms. VanHooren,

The Ontario government recognizes the importance of conservation authorities, and the services that you provide to communities across this province.

Conservation authorities are a valued partner in protecting people and property from the effects of flooding. I am writing to inform you that the Ministry of Natural Resources and Forestry (MNRF) is maintaining operational funding this year. For the 2020/21 fiscal year, $3.85 million in funding will be provided to conservation authorities in the province.

This funding will help to assist conservation authorities in providing flood forecasting and warning, dam operations and municipal planning support related to natural hazards. The ministry will also provide $5 million in capital funding through the Water Erosion Control Infrastructure program to support the maintenance of critical water and erosion control infrastructure.

Building healthy and safe communities is our top priority and that is why we have developed Ontario’s Flooding Strategy, the province’s first comprehensive strategy to protect people and property from flooding impacts. For more information on the strategy, please visit our website.

Sincerely,

Kathy Woeller Director

TO: Board of Directors

FROM: Elizabeth VanHooren

Date: April 15, 2020

Subject: COVID-19 Employee Plan

Recommendation: That the staff report on the COVID-19 Employee Plan be received;

AND THAT the General Manager be directed to implement the employee plan as outlined in the staff report.

PURPOSE To provide members with an overview of the current level of staffing during the COVID- 19 Pandemic Emergency Declaration and implement a staffing plan for the conservation authority for the duration of the emergency.

REPORT SUMMARY  Management has devised this employee plan based on information shared and included in the declared state of emergency at both the provincial and municipal level, the province’s declaration to work from home if possible, and federal wage subsidy programs to avoid lay-offs.  KCCA’s office closed to the public on March 16 and full-time staff began working remotely the following day. This allowed for social distancing and flexible schedules due to child care concerns following school closures.  Staff have identified the workload and minimal staffing necessary to conduct business remotely and essential services for the duration of the emergency. Full- time staff will continue to be employed, and seasonal staff will not be hired until operations normalize.

BACKGROUND While the province directed the closure of all non-essential businesses on March 23, it did not preclude the provision of work and services by entities, not listed as essential either online, by telephone or by mail/delivery. In addition the Federal Government’s Wage Subsidy promises that businesses, including not-for-profits, will be eligible for a 75% wage subsidy for employees. Businesses must experience a 30% drop in revenue to qualify – but the aim is to keep people employed and avoid layoffs. At the time of this report full details of the programs are still forthcoming; KCCA is seeking guidance as to whether some of its business operations (i.e. the campgrounds) would qualify for this funding.

Staff have used the above noted guidance as rationale for the following employee plan.

Contract Staff Initially, management viewed staffing requirements on a two week basis. All employees in this category that were actively working on March 17 were paid based on scheduled work until April 3, 2020 whether they were actively working or not. Budget Impact: As contracts are associated with the campgrounds, employment was terminated April 3 due to lack of workload with the hopes to re-hire once operations normalize or additional wage subsidies are confirmed. The Forest and Lands Technician position is currently vacant due to employee accepting a new position. Vacancy was posted but hiring is currently on hold until after emergency.

Full-Time Staff For the duration of the emergency declaration, all full-time employees would continue to work on a full-time basis remotely or on a flexible working arrangement. This arrangement has already been in effect since March 17 and is working well. The arrangement is applicable to both office and field staff. Full-time staff have implemented a number of creative methods to ensure business is conducted as usual within the current restrictions including safe work procedures for field staff. Budget Impact: Minimal. Revenue decline being compensated with wage subsidy initiatives such as the Canadian Emergency Response Benefit 10% Wage Subsidy.

Seasonal Staff No seasonal staff are currently being hired. Interviews were conducted remotely with the anticipation that offers could be made once restrictive measures are lifted. No seasonal hires will be made until operations normalize and once needs are identified. For instance, a shortened camping season may result in fewer hires. Other seasonal hires will simply not occur. Budget Impact: None at this time.

Recommendation: That the staff report on the COVID-19 Employee Plan be received;

AND THAT the General Manager be directed to implement the employee plan as outlined in the staff report.

TO: Board of Directors FROM: Elizabeth VanHooren

Date: April 15, 2020

Subject: COVID-19 Programs and Services Planning

Recommendation: That the staff report on the COVID-19 Programs and Services Planning be received;

AND THAT the Chair and Vice Chair be delegated to make any required decisions on facilities opening or closing or program continuation before the next scheduled Full Authority meeting based on the information provided in the staff report.

PURPOSE To provide members with a current level of programs and services offered by KCCA during the current state of emergency.

REPORT SUMMARY  In an effort to stop the spread of COVID-19 the Province of Ontario extended the Declaration of Emergency and associated measures, including the closure of non-essential workplaces and restrictions on gatherings until April 13, 2020. In addition, the Province ordered the closure of all outdoor recreational amenities on March 30, 2020.  Conservation Ontario is working with the Ministry of Environment, Conservation and Parks (MECP) to determine if conservation authorities fall under Schedule 1, Section (5) (2) of Regulation 82/20 i.e. nothing in the Order precludes operation or delivery of services by publicly-funded organizations that deliver or support government operations and services. In the meantime, KCCA is evaluating each of its programs and services in the context of the essential workplace listing to determine what should be offered at this time and to what extent.  Staff have identified the workload and minimal staffing necessary to conduct business remotely and essential services based on the best available information. The following is a description of current services and programs and how extension of emergency orders may impact the program/service area. Budgetary impacts are also outlined to the extent that is known or can be predicted at this time.

BACKGROUND

Program Program Impact Budget Impact Decision Required Financial Low - all payroll, payables, receivables being Low Not at this time. Administration processed remotely. E-Transfers established to enhance payment options for users; service providers encouraged to submit invoices electronically and establish EFT payment if not already using these services. Public Low – Staff are working remotely. Low Not at this time. Relations Community events and outdoor classroom activities are cancelled. Flood Low – Province and staff have moved Low Not at this time. If WECI application is Forecasting program remotely. Stream gauges, trouble approved, ability to proceed with shooting must be completed in person but project will be based on timing and social distancing can be followed. Safe budgetary pressures. Operating Procedure (SOP) established for response/field monitoring if required in flood situation. Status of WECI application is unknown. Planning and Low/Medium - KCCA continues to accept and Low – although permit fee Not at this time. Regulations process permit applications. KCCA continues to revenue expected to drop accept circulations and submissions for Planning Act applications, and will be working closely with its member municipalities in consideration of their amended processes and policies to ensure timely responses. Face to

face meetings are not occurring. Staff continue with enforcement of the regulation. Notice of violations are being issued and low impact violations will be rectified following the emergency. Based on guidance from the Province any section 28 Hearings will be postponed until after the emergency. Statute of limitations will be extended based on the duration of the emergency. Tree and Low - Staff continue with enforcement of Low Not at this time. Woodlot Woodlands By-Law to the extent possible remotely. Site visits are being conducting using SOP. Environmental Medium – The MECP Lab is not currently Low – decreased revenue will Decision will be made after April 15 if Monitoring accepting samples, however some private be matched by decreased spring samples can be obtained using labs are. Spring sampling can still occur well expenses in sampling. SOP. Depending on the parameter, into May/early June. At this time staff are samples have limited hold/storage time delaying sampling season. Data loggers are before they must be processed. Samples being retrieved following Field Work SOPs. will only be collected if they can be submitted to an accredited lab facility. There is the potential of extending sampling season into winter months if suitable weather conditions occur. Tree Planting Medium – High Medium – High Decision on large scale plantings will be Currently, over the counter tree sales are Nurseries are currently determined once SOP are developed in continuing with payments being processed considered essential and will coordination with best management remotely or via mail. Staff are working on proceed with lifting of trees. practices established with neighbouring SOP for over the counter tree pick up. If KCCA chooses to cancel all CAs and will be dependent on nurseries Community planting events are being or part of its 50,000 seedling establishing similar cancelled or rescheduled to after the order, the expense would be procedures/workforce in a timely emergency. Staff are currently discussing the borne by the Authority. The manner. May require temporally re-

feasibility of planting sites on private majority of the large stock assigning some staff to avoid costs of properties by the KCCA crew. Planting could trees ordered for roadside or seasonal labour. be delayed as much as two weeks as community volunteer nurseries try to adapt to social distancing and plantings is potted stock that off-shore workers that have not yet arrived. can be maintained until the emergency is over however The Forest and Lands Technician position is there is a small amount of currently vacant due to employee accepting a bareroot large stock trees new position. Vacancy was posted but hiring that will need to be planted is currently on hold until after emergency. or will perish. Many of the sites to be planted by the KCCA crew are are tied to funding through Forests Ontario or OPG, resulting in possible loss of funding for failure to meet the contract in addition to the cost of trees. Budget impact is $60,000 or greater. The watershed rehabilitation reserve can be used to shield losses. Stewardship The St. Thomas-Elgin Children’s Water Staff working with Not at this time. and Education Festival scheduled for May is cancelled and funders/volunteers to ensure will be re-booked for spring 2021. The Forest resources already secured for Festival scheduled for October will proceed the Water Festival could be for now. Staff are still working to secure held for 2021. funding for 2020 projects and working with landowners remotely to facilitate planning. Projects will be implemented following the emergency.

Trails Medium Impact to public is loss of Not at this time. All of KCCA’s Trails are closed annually until outdoor recreation May 1. Based on the recommendations from opportunities. No budgetary the province to close all outdoor recreational impact. amenities, minimal staffing levels, insurance recommendations, and public and staff safety, increased barriers and signage was installed on April 1. It should also be noted that KCCA’s trails are looped, single lane trails and do not allow for social distancing. In addition, all playgrounds were signed as closed. Three field staff are concentrating on property security and basic maintenance that can be conducted with safe work procedures. No hazard management or maintenance of trails is being conducted. Conservation High High Decision required and options are Areas and All properties open annually on May 1. Staff have blocked outlined below. Campgrounds Dalewood and Lake Whittaker campgrounds reservations for May in on- are most impacted by the emergency orders. line reservation system. Loss Opening procedures includes confined space of revenue in May just from work, outside contractors and significant transient camping would be manual labour that is usually offset by approximately $40,000 at seasonal employees and team work units. each campground. Seasonal staff training would require face-to- face interaction. Full-time staff are developing SOP for some opening procedures that can be performed individually, other procedures involving confined spaces and water systems could not be undertaken until emergency orders are lifted. Once lifted it is

estimated that staff would require a minimum of two weeks to open – less if sufficient staff can be hired and trained. On March 30 staff alerted users to the potential for a delayed opening – exact date to be determined by weather and provincial direction.

For reasons, outlined above the opening of the campgrounds will depend on when the emergency orders are lifted. In the coming months decisions will be required on the viability of extending the camping season, cancelling the entire season or only opening certain areas. A more detailed report will be provided at the May Full Authority Meeting providing staff additional time to evaluate the season with updated information.

Staff are proposing the following be enacted for KCCA’s two campgrounds if emergency is extended past April 13. Direction/advice will be sought from the Chair and Vice Chair for any additional decisions that are required prior to the May 20 Full Authority meeting.

Emergency Order Extended for a further two week period beyond April 13 Opening Day: June 1* Transient Refunds: Campers with reservations in May would be offered a full refund or the ability to transfer the reservation to a later date at no charge. Seasonal Refunds: Seasonals could choose from the following options:

1. Due to financial hardships related to COVID 19 seasonals can apply for a full refund including administration charges. Refund requests must be submitted prior to new opening day of June 1. Site number would be held for 2021 seasonal provided Intent to Camp for 2021 was submitted with payment by September 30. 2. Seasonals hold their reservation without refund in the hopes that the season could be extended. Length of season extension or extension itself would be determined and not guaranteed.

New Seasonal Applications: Applicants for 2020 would be notified of acceptance. Sites would be held. Payment would not be processed until June 1 to ensure that opening day is secured.

*Opening Date could be adjusted in consultation with Chair and Vice Chair to allow for earlier opening if staffing and conditions allow either at both or one campground.

Staff will bring further detailed scenarios for the Board’s consideration at the May 20 Full Authority meeting.

Recommendation: That the staff report on the COVID-19 Programs and Services Planning be received;

AND THAT the Chair and Vice Chair be delegated to make any required decisions on facilities opening or closing or program continuation before the next scheduled Full Authority meeting based on the information provided in the staff report.

April 2, 2020 Conservation Ontario Guidance During Pandemic Conditions Enforcement of Public Safety and Security Orders Issue The corona virus disease (COVID-19) was declared a pandemic by the World Health Organization on March 11, 2020. Source of information: https://www.who.int/.

The Provincial government has signed a ministerial designation under the Provincial Offences Act to authorize Provincial Offences Officers to enforce orders under the Emergency Management and Civil Protection Act. Advice

On March 17, 2020 the provincial government declared a provincial emergency through the authority granted under the Emergency Management and Civil Protection Act (EMCPA). Since that declaration, several emergency orders have been made under the Act to contain the spread of COVID-19 and to ensure that essential services continue to be provided and Ontarians are supported. A list of the Emergency Orders are available here: ontario.ca/alert .

Previously, only police officers and constables who have been appointed under an Act have the ability to enforce orders made under the EMCPA. Due to COVID-19, police resources are being stretched and police services have made requests to have other enforcement personnel assist with enforcing the emergency orders being made by the province.

As a result, the provincial government signed a ministerial designation under the Provincial Offences Act to authorize additional personnel to enforce EMCPA orders, including all persons or classes of persons designated in writing by a minister of the Crown as provincial offences officers, notwithstanding the offence or class of offences of that designation. As a result, CA staff who have been appointed following the Class Designation Process for Section 28 and Section 29; and CA staff who have been appointed as a Risk Management Inspector (by the Source Protection Authority pursuant to S.48 of the Clean Water Act, 2006) are now empowered to enforce orders made under the EMCPA. Note that Risk Management Officials are not empowered to enforce orders made under the EMCPA.

These new powers do not include the power of arrest or additional search powers however Schedule 1 of the Enforcement of Orders does make it a requirement for an individual to provide an officer with the individual’s correct name, date of birth and address.

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Provincial direction indicates that no further approvals or authorizations are needed for Provincial Offences Officers to enforce orders under the EMCPA however Provincial Offences Officers are not required to do so. It is recommended that conservation authorities should consider the severity of each infraction in relation to the potential risk to public health and the spread of COVID-19 when taking enforcement action. As always, providing educational messaging or warnings to members of the public around the emergency orders is the most important first step.

Potential offences under the EMCPA include failure to comply with an emergency order, or to obstruct any person acting pursuant to such an order. The maximum punishment is one-year imprisonment or a fine of up to $100, 000 for an individual, $500, 000 for a director of a corporation, or $10, 000, 000 for a corporation itself. If the defendant gained a financial benefit from their violation of an emergency order, the court may increase the maximum fine to match the benefit the defendant received. Officers have discretion to charge under Part I (Certificate of Offence) or Part III (Information).

It is important to note that during this declaration of emergency, the limitation periods that normally apply under the Provincial Offences Act¸ Clean Water Act and Conservation Authorities Act have been suspended pursuant to order 73/20.The suspension is retroactive to Monday, March 16, 2020. As a result of this suspension, Justices of the Peace are no longer receiving Part III Informations and municipal courts are no longer accepting the filing of Certificates of Offences (Part I). Proceedings may be initiated once the declaration of provincial emergency is lifted by the provincial government. As well, the Limitation Period associated with the appeal provision that must be included in Risk Management Official or Risk Management Inspector Orders per Section 70 of the Clean Water Act (i.e., 60 days for the appeals to the Tribunal), in now an unlimited period of time for the duration of the emergency.

To assist enforcement personnel, the COVID-19 Enforcement Support Line has been established at 1- 866-389-7638. Assistance is available Monday to Sunday from 8 am to 9 pm. The dedicated COVID-19 Enforcement Support line is available only to policing personnel and other enforcement personnel who are designated as provincial offences officers for the purpose of enforcing emergency orders under the EMCPA. The Ministry of the Solicitor General has also prepared a list of Frequently Asked Questions that may be of assistance.

NOTE: Conservation Ontario guidance memos are not to be considered as legal advice. Conservation authorities are encouraged to obtain a legal opinion where appropriate.

Questions or More Information

Section 28 and Section 29 Provincial Offences Risk Management Inspectors Officers Chitra Gowda Leslie Rich 905-251-2802 705-716-6174 [email protected] [email protected]

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April 1, 2020 Conservation Ontario Guidance During Pandemic Conditions Amendment to Procedures Regarding Permit Hearings Issue The corona virus disease (COVID-19) was declared a pandemic by the World Health Organization on March 11, 2020. Source of information: https://www.who.int/.

Conservation authorities require direction on providing Section 28 hearings during the state of emergency as a result of the COVID-19 virus. Advice

Subsection 28(12) of the Conservation Authorities Act stipulates that permission under S. 28 shall not be refused or granted subject to conditions unless the person requesting the permission has been given the opportunity to require a hearing before the authority or its executive committee. Further, subsection 28(15) provides that a person who has been refused permission or who objects to conditions imposed on a permission may, within 30 days of receiving the reasons appeal to the Minister of Natural Resources and Forestry. This appeal has been assigned to the Mining and Lands Tribunal through Order in Council 332/2018.

As a result of the COVID-19 Pandemic, a number of conservation authorities have sought guidance regarding how to manage hearings under Section 28 in the interim.

Given the unprecedented nature of the COVID-19 pandemic, the provincial government through the Lieutenant Governor in Council has made order 73/20 under s. 7.1 of the Emergency Management and Civil Protection Act suspending limitation periods and procedural time periods. The suspension is retroactive to March 16, 2020. As a result of this order,

1. Any provision of any statue, regulation, rule, by-law or order of the Government of Ontario establishing any limitation period shall be suspended for the duration of the emergency, and the suspension shall be retroactive to Monday, March 16, 2020. 2. Any provision of any statute, regulation, rule, by-law or order of the Government of Ontario establishing any period of time within which any step must be taken in any proceeding in Ontario, including any intended proceeding, shall, subject to the discretion of the court, tribunal or other decision-maker responsible for the proceeding, be suspended for the duration of the emergency, and the suspension shall be retroactive to March 16, 2020.

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As a result of this order, it is recommended that conservation authorities suspend any scheduled hearings at this time. It is noted that other provincial tribunals are currently suspending scheduled hearings. For example, following the emergency order, the Local Planning Appeal Tribunal (LPAT) has made the decision to suspend all hearings, teleconferences and mediation events until June 30, 2020. No additional hearings are being scheduled by LPAT during this time period.

CAs should be aware that during the time the Emergency Order is in place, the applicant’s requirement to file an appeal with the Mining and Lands Tribunal within 30 days is also suspended. This means that the applicant may submit an appeal at a later date.

On a longer-term basis, Conservation Ontario can provide additional supports to CAs who wish to proceed with electronic Section 28 hearings. Depending upon need, this advice may be released at a later time.

NOTE: Conservation Ontario guidance memos are not to be considered as legal advice. Conservation authorities are encouraged to obtain a legal opinion where appropriate.

Questions or More Information

Leslie Rich 705-716-6174 [email protected]

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TO: Board of Directors

FROM: Betsy McClure

Date: April 15, 2020

Subject: Kettle Creek Clean Water Initiative

Recommendation: That Project 20-01 be supported through the Kettle Creek Clean Water Initiative for the amount of $3,000.

PURPOSE Information on Project 20-01 of the Kettle Creek Clean Water Initiative for consideration by the Board of Directors.

REPORT SUMMARY  Staff are seeking $3,000 in funding support from the Kettle Creek Clean Water Initiative in support of the planting of ~3 acres of tallgrass prairie.  Total cost of the project is estimated at $7,000 with $4,000 in pending funding from the Elgin Clean Water Program

BACKGROUND This project will see the planting of ~3 acres of tallgrass prairie on the bluff adjacent to Lake Erie. Landowner is looking to diversify habitat on the property and attract pollinators and Monarchs along a major migration route. The planting will be setback from the bluff edge.

Site Photo:

Recommendation: That Project 20-01 be supported through the Kettle Creek Clean Water Initiative for the amount of $3,000. TO: Board of Directors

FROM: Joe Gordon

Date: April 15, 2020

Subject: March/April 2020 Planning and Regulations Activity Report

RECOMMENDATION:

That the March/April 2020 Planning and Regulations Activity Report be received.

REPORT SUMMARY

The following is a summary of KCCA’s Plan Input and Review responses and Section 28 permits issued by staff during the period of February 6 to April 9, 2020.

Plan Input and Review: KCCA # File No. Municipality Application Type Support Conditions E1/20 2006 42057 Fruit Ridge Central Elgin Consent (Severance) Yes None Line B3/20 Thames 2007 Consent (Severance) Yes None 705 Scotland Dr Centre A01/20 2008 St.Thomas Minor Variance Yes None 197 Balaclava St E7/20 Address 2009 Central Egin Consent (Severance) Yes 87 Cresent Av Drainage E8/20 2010 Central Elgin Consent (Severance) Yes None 263 Frances Street

Section 28 Permit(s): Permit No. Address Municipality Description Construction of a small deck to rear of dwelling P20-004 162 William Street Central Elgin located above and the Lake Erie flood uprush elevation. Repair work to existing armourstone shoreline P20-005 240 Edward Street Central Elgin protection. Bridge deck rehabilitation with parial depth St.George Street P20-006 St.Thomas concrete repairs to girder ends, abutments, Bridge ballast walls, wing walls, sidewalsk and curbs. P20-007 pending

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Reconstruction and enlargement of an existing accessory building that is located at a distance P20-008 6253 Fairview Road Central Elgin from an abutting valley slope consistent with provincial technical guide in absence of engineering. Construction of a single detached residential 5680 Wellington P20-009 London dwelling located approximately 120m from a Road provincially significant wetland. To undertake emergency dredging of a portion of the channel of Kettle Creek beneath the King George VI Lift Bridge in Port Stanley to maintain Kettle Creek @ King navigable waters during rehabilitation works of P20-010 Central Elgin George VI Lift Bridge the bridge. Work Permits have been issued by MNRF which has allowed for an exention to the in-water timing restriction to occur up until April 14, 2020. A Waiver of Permit has been issued to the Chief Building Official for the Municipality of Central Elgin to undertake works pursuant to orders under 15(9) of the Ontario Building Code Act. WP20-001 3767 Old Dexter Line Central Elgin The Municipality has satisfied the KCCA policy with regard to Policy Excemption: Chief Building Official – Building Code Act and the “Waiver of Permit” was executed by both Regulations Approval Officers (ie. GM & Chair) Reconstruction of the Lift Bridge in Port Stanley.To accommodate scheduled timelines the permit was issued with the following condition “The applicant must provide details of the final proposed floodproofing measures for the King George VI Lift backup emergency generators for permission of P20-011 Central Elgin Bridge, Bridge Street KCCA prior to any associated construction activities related to such generators.” In the event of a major flood event, the lift bridge can be lowered during re-construction and barricades removed to allow for safe access and egress of resdients of Port Stanley and emergency services.

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