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Re Bill 229 Amendments to Conservation Acts

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Re Bill 229 Amendments to Conservation Acts December 01, 2020 Page 1 of 12 December 01, 2020 Page 2 of 12 December 01, 2020 Page 3 of 12 P a g e | 1 November 18, 2020 Doug Ford, Premier Legislative Building Queen's Park Toronto ON M7A 1A1 Sent via email: [email protected] To whom it may concern: Re: Grey Highlands Council resolution re: Bill 229 Please be advised that the following resolution was passed at the November 18, 2020 meeting of the Council of the Municipality of Grey Highlands. 2020-747 Cathy Little, Dane Nielsen Whereas the Province has introduced Bill 229, Protect, Support and Recover from COVID 19 Act - Schedule 6 – Conservation Authorities Act; and Whereas the Legislation introduces a number of changes and new sections that could remove and/or significantly hinder the conservation authorities’ role in regulating development, permit appeal process and engaging in review and appeal of planning applications; and Whereas we, the Municipality of Grey Highlands, rely on the watershed expertise provided by local conservation authorities to protect residents, property and local natural resources on a watershed basis by regulating development and engaging in reviews of applications submitted under the Planning Act; and Whereas the changes allow the Minister to make decisions without CA watershed data and expertise; and Whereas the Legislation suggests that the Minister will have the ability to establish standards and requirements for non-mandatory programs which are negotiated between the conservation authorities and municipalities to meet local watershed needs; and Whereas these proposed changes will impact Ontario’s ability to adapt to and mitigate the effects of climate change by undermining the work of conservation authorities to keep development out of high risk areas and protect natural infrastructure; and Whereas municipalities require a longer transition time to put in place agreements with conservation authorities for non-mandatory programs; and Whereas municipalities believe that the appointment of municipal representatives on conservation authority Boards should be a municipal decision; and the Chair and Vice Chair of the conservation authority Board should be elected as per the discretion of the conservation authority Board; and The Municipality of Grey Highlands 206 Toronto Street South, Unit One P.O. Box 409 Markdale, Ontario N0C 1H0 519-986-2811 Toll-Free 1-888-342-4059 Fax 519-986-3643 www.greyhighlands.ca [email protected] December 01, 2020 Page 4 of 12 P a g e | 2 Whereas the changes to the ‘Duty of Members’ contradicts the fiduciary duty of a conservation authority board member to represent the best interests of the conservation authority and its responsibility to the watershed; and Whereas conservation authorities have already been working with the Province, development sector and municipalities to streamline and speed up permitting and planning approvals through Conservation Ontario’s Client Service and Streamlining Initiative; and Whereas changes to the legislation will create more administrative burden and costs for the conservation authorities, and their municipal partners, and potentially result in delays in the development approval process; and Whereas the combined contribution of municipal levy and self-generated revenues support 93% of the Grey Sauble Conservation Authority budget; and Whereas the Provincial contribution to this budget is 7%, the majority of which is for Drinking Water Source Protection; and Whereas municipalities value and rely on the natural habitats and water resources within our jurisdiction for the health and well-being of residents; municipalities value the conservation authorities’ work to prevent and manage the impacts of flooding and other natural hazards; and municipalities value the conservation authority’s work to ensure safe drinking water; now Therefore be it resolved that the Province of Ontario work with conservation authorities to address their concerns by removing Schedule 6 from Bill 229 which affects changes to the Conservation Authorities Act and the Planning Act; and That the Province of Ontario delay enactment of clauses affecting municipal concerns; and That the Province of Ontario provide a longer transition period up to December 2022 for non-mandatory programs to enable coordination of conservation authority-municipal budget processes; and That the Province respect the current conservation authority/municipal relationships; and That the Province embrace their long-standing partnership with the conservation authorities and provide them with the tools and financial resources they need to effectively implement their watershed management role. CARRIED. Sincerely, Raylene Martell Director of Legislative Services/Municipal Clerk Municipality of Grey Highlands The Municipality of Grey Highlands 206 Toronto Street South, Unit One P.O. Box 409 Markdale, Ontario N0C 1H0 519-986-2811 Toll-Free 1-888-342-4059 Fax 519-986-3643 www.greyhighlands.ca [email protected] December 01, 2020 Page 5 of 12 P a g e | 3 Cc: Hon. Rod Phillips, Minister of Finance ([email protected]) Hon. Jeff Yurek, Minister of Environment Conservation and Parks ([email protected]) Hon. John Yakabuski, Minister of Natural Resources and Forestry ([email protected]) Hon Bill Walker, MPP ([email protected]); Conservation Ontario ([email protected]); Saugeen Valley Conservation Authority ([email protected]) Nottawasaga Valley Conservation Authority ([email protected]) Grey Sauble Conservation Authority ([email protected]) All Ontario Municipalities The Municipality of Grey Highlands 206 Toronto Street South, Unit One P.O. Box 409 Markdale, Ontario N0C 1H0 519-986-2811 Toll-Free 1-888-342-4059 Fax 519-986-3643 www.greyhighlands.ca [email protected] December 01, 2020 Page 6 of 12 November 25, 2020 Hon. Sylvia Jones Solicitor General George Drew Building,18th Floor 25 Grosvenor St. Toronto, ON M7A 1Y6 RE - Bill 229 and the Conservation Authorities Dear Honourable Sylvia Jones: Shelburne Town Council passed the following resolution unanimously at its Council meeting held Monday November 23, 2020: Moved By Councillor Walter Benotto Seconded By Councillor Kyle Fegan WHEREAS the Province has introduced Bill 229, Protect, Support and Recover from COVID 19 Act - Schedule 6 - Conservation Authorities Act; and WHEREAS the Legislation introduces a number of changes and new sections that could remove and/or significantly hinder the conservation authority’s’ role in regulating development, permit appeal process and engaging in review and appeal of planning applications; and WHEREAS we rely on the watershed expertise provided by local conservation authorities to protect residents, property and local natural resources on a watershed basis by regulating development and engaging in reviews of applications submitted under the Planning Act; and WHEREAS the changes allow the Minister to make decisions without conservation authority watershed data and expertise; and 203 Main Street East, Shelburne, Ontario L9V 3K7 Tel: 519-925-2600 Fax: 519-925-6134 Web: www.shelburne.ca December 01, 2020 Page 7 of 12 WHEREAS the Legislation suggests that the Minister will have the ability to establish standards and requirements for non-mandatory programs which are negotiated between the conservation authorities and municipalities to meet local watershed needs; and WHEREAS municipalities believe that the appointment of municipal representatives on Conservation Authority Boards should be a municipal decision, and the Chair and Vice Chair of the Conservation Authority Board should be duly elected; and WHEREAS the changes to the 'Duty of Members' contradicts the fiduciary duty of a Conservation Authority Board member to represent the best interests of the conservation authority and its responsibility to the watershed; and WHEREAS conservation authorities have already been working with the Province, development sector and municipalities to streamline and speed up permitting and planning approvals through Conservation Ontario's Client Service and Streamlining Initiative; and WHEREAS changes to the legislation will create more red tape and costs for the conservation authorities, and their municipal partners, and potentially result in delays in the development approval process; and WHEREAS municipalities value and rely on the natural habitats and water resources within our jurisdiction for the health and well-being of residents; municipalities value the conservation authorities work to prevent and manage the impacts of flooding and other natural hazards; and municipalities value the conservation authority's work to ensure safe drinking water; NOW THEREFORE BE IT RESOLVED: 1. That the Province of Ontario repeal Schedule 6 of the Budget Measures Act (Bill 229); 2. THAT the Province continue to work with conservation authorities to find workable solutions to reduce red tape and create conditions for growth; 3. THAT the Province respect the current conservation authority and municipal relationships; and December 01, 2020 Page 8 of 12 4. THAT the Province embrace their long-standing partnership with the conservation authorities and provide them with the tools and financial resources they need to effectively implement their watershed management role. CARRIED, Mayor Wade Mills This motion was passed unanimously. Thank You J. Willoughby Jennifer Willoughby Director of Legislative Services/Clerk Town of Shelburne CC: Hon. Doug Ford, Premier Hon. Rod Phillips, Minister of Finance Hon. Jeff Yurek, Minister of the Environment,
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