‘People could lose their lives’: Conservation authorities fear the possible effects of a new law by Doug Ford’s government that limits their powers

Thestar.com
Dec. 16
Noor Javed and David Rider

Jennifer Innis isn’t holding anything back.

The chair of the Toronto and Region Conservation Authority (TRCA) said the legislation pushed through by Doug Ford’s provincial government last week with significant changes to the Conservation Authorities Act isn’t just going to impact the province’s 36 conservation authorities.

It will impact every homeowner in the province.

“Not only are we going to see increased flooding, in people’s basements and people’s places of work, but we’re going to see huge costs rising to be able to deal with that,” said Innis, a councillor in Caledon who became TRCA chair in 2019.

“What people do on one property impacts properties around it and downstream -- it’s all connected,” said Innis, a longtime supporter of the Progressive Conservative party who wrote a letter last week telling the province that its recent actions “crossed the line.”

“Many people don’t even know they live in a watershed.”

Kim Gavine, the general manager of Conservation Ontario, said the risks from the province's new law include flooding, impacts to safe drinking water, and a loss of biodiversity.

Kim Gavine, general manager of Conservation Ontario, said there are still many questions about how the legislation will actually look on the ground when regulations are enacted.

But there is one thing she is certain of: the province’s conservation authorities, which her group represents, are worried that the delicate environmental balance that they managed for decades could collapse. And they are concerned about the inevitable impacts it will have on people’s homes and quality of life.

“You need to look at things holistically, at a watershed level, because if we are not able to manage it effectively as we have been doing for the last 70 years, we could be putting our environment at risk,” said Gavine. “What are those risks? Flooding, impacts to safe drinking water, loss of biodiversity.”

According to Conservation Ontario, approximately 90 per cent of Ontario’s population lives in the watersheds, which is defined as an area of land that catches rain and snow that drains or seeps into a marsh, stream, river, lake or groundwater.

Last week, despite criticism from dozens of municipalities, environmental groups and public outcry, the province passed legislation that will limit the ability of conservation authorities to assess the environmental impact of developments across the province, and in some cases force them to issue permits even in environmentally sensitive areas against their own scientific advice.

The legislation -- now law -- led to the resignations of nine of the 14 members of the Greenbelt Council, including former cabinet minister David Crombie.

Conservation authorities said this isn’t the first time they “have been knocked down.” In the 1990s, the Mike Harris government cut funding to them -- from $50 million to $8 million -- with municipalities making up for some of those cuts. In 2019, Doug Ford slashed the authorities’ flood management funding in half.

But conservation authorities all agree that this time, the effects will be severe.

Innis said despite weeks of discussions with the environment minister, Jeff Yurek, she was blindsided by the amendments -- particularly the ones that require conservation authorities to allow developments on lands which have been approved under ministerial zoning orders.

Jennifer Innis,the chair of the Toronto and Region Conservation Authority, wrote a letter last week telling the province that its recent actions "crossed the line."

Those orders, called MZOs, allow Minister of Municipal Affairs and Housing Steve Clark to override local planning rules and decide how property can be developed.

“I understand need for MZOs -- have asked for two in my own community,” said Innis. “But never in my wildest dreams would I be OK with not having them go through the permitting process.

“Not having to get a conservation permit and conditions is like them not having to get a building permit,” said Innis. “If MZOs increase flooding plus climate change, double whammy. This one amendment is irreversible damage. The consequences could be massive.”

The TRCA said it is watching two MZOs that will impact provincially significant lands, one in Pickering, and one in Vaughan, which TRCA CEO John MacKenzie said is a request to fill in a valley near Jane Street and Teston Road. He said 80 of the 200 acres of the property are on a provincially significant wetland, and would normally be “off-limit.”

On Monday, Conservation Ontario passed a motion asking the province to amend the legislation to indemnify conservation authorities from any liability that comes from being forced to issue permits in areas that could have environmental repercussions.

The TRCA has asked the province for the indemnification clause so agencies and directors can’t be held financially responsible for any costs related to damages that might ensue if “a minister can make whatever political decision they will, not based on science,” said Innis.

But the province refused, she said.

“If the minister waives the technical advice and conditions of a conservation authority, and then an entire neighbourhood floods? They’re going to sue somebody. The conservation authority will be named because we issued a permit,” said Innis. “It’s not just physical damage, people could lose their lives because of decisions made and who’s now liable? The province should be liable, not the conservation authority and the municipalities that it represents.”

Gary Wheeler, a spokesperson for the Ministry of Environment, said it is “aware of the request from conservation authorities for indemnity with respect to their flood and erosion control activities. We will continue to engage with conservation authorities about their request for indemnity.”

Hassan Basit, CEO with Conservation Halton, said the mandate of conservation authorities was expanded and government responsibilities “downloaded” to them in the aftermath of crises such as Hurricane Hazel in 1954 and the Walkerton crisis in 2000. He said that instead of legislation, the province should be giving conservation authorities “the right tools to do their job.”

“Environmental threats are not about to recede, they are getting worse,” he said. “Are we going to squander the advantage Ontario has over every other province when it comes to flooding and flood risk, or are we going to take that and improve it further?”

In 2019, a report by a flooding adviser hired by the Ford government lauded conservation authorities for their efforts in “reducing and mitigating flood risks in Ontario.”

Wheeler said “in coming weeks, we will quickly be moving forward with consulting on a series of proposed regulations, which will be posted on the environmental registry for comment. We will be seeking public feedback on those proposals, including from conservation authorities.”

Conservation authorities said while they are hoping to take part in creating the regulations around the new laws, many are wondering why the legislation was even necessary.

Previously, the province said that the legislation was intended to define the “core mandate” of conservation authorities, and improve the governance, oversight and accountability.

David Wilkes, the CEO of the housing lobby group BILD, said he believes the changes will “provide clarity” around the role of conservation authorities and remove the “mandate creep.”

“The oversight that the province will provide … to ensure that the areas of focus remain the areas of focus, that we don’t see delays in approvals because they are looking at other areas like engineering and construction with the municipal offices,” he said. “We need to make sure we have a streamlined process.”

The new legislation will now allow developers to appeal any conditions put in place by conservation authorities at a Local Planning Appeal Tribunal (LPAT) or directly to the minister of environment. Authorities say that will likely further bog down the process, which many were recently working to streamline.

Basit also said there was already an appeal mechanism in place, which allowed an applicant to go to the board of the authority or the provincial Mining and Lands commissioner, in the rare case a permit was denied.

MacKenzie said the TRCA hasn’t had an appeal in nearly a decade.

“It’s a little disheartening when we’ve done such a good job at TRCA, to make great things happen. I think we’ll try to continue to work with everybody in the system. A lot of the developers are going to work with us because they do anyway,” said MacKenzie.

“The flashpoints will be the projects where people are not doing the studies and are trying to make it political. On those we’re going to have some very contentious and challenging processes.”

Mike Walters, the CAO of the Lake Simcoe Region Conservation Authority, said he doesn’t believe the legislation will achieve what the government is hoping for.

“A lot of the issues that we are facing are not going to go away with legislation,” he said, including around funding, and inconsistencies between authorities. “A collaborative approach with the authorities would have achieved a much better product.”

He added that he did not see any of the consultations that took place last year reflected in the legislation.

In and around Toronto, Innis said “we’re going to have to make an extra effort in communicating our position,” by using social media, or newsletters to monitor MZOs and to alert the public where the minister overrules their advice.

MacKenzie said they also plan to “work closer with municipalities and with provincial staff, hoping they build our input into whatever MZO is going to be issued.”

Basit said despite the legislation, conservation authorities will continue to fulfil their mandate.

“Our job is not to protect the environment from the people, it’s to protect it for the people. Our job is to enable growth, it’s to enable development and its to enable economic prosperity but to do it in a way that things are balanced.”