Conservation Authorities Act – Regulation (Section 28)

Disclaimer

Effective April 1, 2024, changes to the legislative and regulation framework of the Conservation Authorities Act require UTRCA to review and update its policies and procedures, and regulatory mapping (as appropriate) to reflect the new regulatory requirements and areas of the Authority鈥檚 jurisdiction. UTRCA will consult with municipalities, stakeholders and the public throughout the process of preparing new policies and mapping resulting from these changes.

Overview

Conservation Authorities Act and Ontario Regulation 41/24 (鈥榯he Regulation鈥�)

Pursuant to section 28 of the Conservation Authorities Act, the 糖心直播 (UTRCA) prohibits, regulates, and requires an application for Permits from the UTRCA prior to any development activities or activities that may change or interfere in any way with a watercourse or wetland within an area of the Authority鈥檚 jurisdiction.

came into force on April 1, 2024 and replaces the former Ontario Regulation 156/06: Development, Interference with Wetlands and Alterations to Shorelines and Watercourses for the Upper Thames River watershed.

What areas are regulated? (Areas of Jurisdiction)

Ontario Regulation 41/24 applies to lands within the following areas as outlined in the Act and that are further described within section 2 of the Regulation:

  1. Hazardous lands,
  2. Wetlands,
  3. River or stream valleys,
  4. Areas adjacent or close to the shoreline of the Great Lakes 鈥� St. Lawrence River System or to an inland lake and that may be affected by flooding, erosion or dynamic beach hazards, and
  5. Other areas, including areas within 30 metres of a wetland.

Maps of regulated areas within the Upper Thames River watershed are available from UTRCA staff, at the Watershed Conservation Centre, and on .

What activities are regulated? (Prohibited Activities)

The Conservation Authorities Act states that no person shall carry on the following activities, or permit another person to carry on the following activities, in the area of jurisdiction of the Authority without a Permit (s.28(1), CA Act):

Activities to straighten, change, divert or interfere in any way with the existing channel of a creek, stream, or watercourse or to change or interfere in any way with a wetland.

Development Activities which include:

  1. The construction, reconstruction, erection or placing of a building or structure of any kind,
  2. Any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure,
  3. Site grading, or
  4. The temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere.

Exceptions

Section 5 of the Regulation provides a list of activities that are prescribed as exceptions where the prohibition and the requirement for a Permit under the Act does not apply.聽 However, each of the listed exceptions includes limitations and may still require a permit. Therefore, UTRCA encourages landowners to inquire with staff and obtain written confirmation prior to undertaking any of the listed activities within the area of UTRCA鈥檚 jurisdiction to avoid unnecessary enforcement of contraventions of the regulation due to misinterpretation or misunderstanding.

Application Requirements

Prior to applying for a permit, the applicant should engage in pre-submission consultation with UTRCA regulation staff for the purposes of identifying requirements of a complete application and determining the appropriate application fee amount.聽 The applicant should provide the following minimum information for consultation:

  • Initial information on the proposed activity such as a description of the project and any associated plans, and
  • Details about the property upon which the activities are proposed to be carried out, including copies of plans, maps or surveys.

UTRCA regulation staff may need to conduct a site visit to the property where the activities are proposed to assist in providing complete application requirements.

Pre-submission consultation discussions with UTRCA staff are highly encouraged prior to undertaking any site studies, project design and prior to submitting permit application submissions.

Consultation with UTRCA regulation staff allow applicants an opportunity to obtain information about current legislation, regulations and permit policies that may apply to their projects, the overall permit process, and submission requirements to ensure a complete permit application.聽 Pre-consultation helps to ensure a more efficient review and approval process.

Permit applications, technical reports and any associated documents submitted to UTRCA which are missing required information or are not in conformity with UTRCA and/or provincial technical design guidelines/standards and policy will automatically be deemed incomplete and will impact the overall timelines for when a decision will be made on the merits of the application.

An application form shall be completed, signed and submitted to UTRCA along with the supporting information or documentation required for a complete application.

In accordance with section 7 of the Regulation, an application for permit shall include the following minimum requirements:

  1. a plan of the area showing the type and location of the proposed development activity or a plan of the area showing plan view and cross-section details of an activity to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse, or change or interfere with a wetland;
  2. the proposed use of any buildings and structures following completion of the development activity or a statement of the purpose of an activity to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or to change or interfere with a wetland;
  3. the start and completion dates of the development activity or other activity;
  4. a description of the methods to be used in carrying out an activity to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse, or change or interfere with a wetland;
  5. the elevations of existing buildings, if any, and grades and the proposed elevations of any buildings and grades after the development activity or other activity;
  6. drainage details before and after the development activity or other activity;
  7. a complete description of any type of fill proposed to be placed or dumped;
  8. a confirmation of authorization for the proposed development activity or other activity given by the owner of the subject property, if the applicant is not the owner; and
  9. any other technical information, studies or plans that the authority requests including information requested during pre-submission consultations between the authority and the applicant.

Payment of the application fee is required once UTRCA Regulation Staff have an understanding of your application details and have confirmed the applicable amount.

Application fees can be paid by cheque, credit card, or e-transfer.

  • Cheques are payable to UTRCA
  • Credit card payment can be taken over the phone by contacting our main office at 519-451-2800 between the hours of 8:30 am – 4:30 pm
  • E-transfers can be sent to [email protected] using the password: river2026, if applicable

The UTRCA has developed various checklists to assist applicants in the preparation of technical studies required for support of an application.聽 Checklists should be completed in collaboration with UTRCA staff.聽 The checklists will be reviewed for completeness through scoping exercises and will serve as the terms of reference for technical studies required by UTRCA.

If the applicant is not the registered owner of the property to which the proposed activity will occur, a landowner authorization form must be filled out by the landowner and accompany the application.

In addition, if any of the proposed activities, including construction access, vehicle, material or equipment laydown areas, topsoil or other material stockpiling locations, dewatering, or sediment and erosion control locations, are proposed upon neighbouring properties or public lands, a landowner authorization form from the associated owners must also accompany the application.

Any associated municipal Planning Act approvals must be in place before submitting an application to UTRCA. This ensures that the project is aligned with both municipal planning rules and UTRCA regulations. Written receipt of confirmation for any associated planning approvals will be required as part of a complete application.

Upon receipt of an application and payment of the applicable fees, UTRCA staff shall notify the applicant in writing within 21 days, whether or not the application complies with requirements of the Conservation Authorities Act and Ontario Regulation 41/24 and is deemed to be a complete application.

If additional information or documentation is required, UTRCA staff will advise the applicant of the additional requirements for a complete application within 21 days of receipt of the application. Where the application has been deemed incomplete, UTRCA will place the application 鈥渙n-hold鈥� for a maximum period of 24 months and no further review of the application will occur until receipt of the required information as identified in the notice.

The applicant may request a review of the application requirements if:

  1. The applicant has not received a notice from the Authority within 21 days,
  2. The applicant disagrees with the staff鈥檚 determination that the application for permit is incomplete, or
  3. The applicant is of the view that a request by the Authority for other information, studies, or plans is not reasonable.

Request for reviews for disputes to complete application requirements will be processed in accordance with UTRCA鈥檚 Administrative Review Policies.

Once an application has been deemed complete, UTRCA may ask the applicant for clarification or further details regarding any matter related to the application but shall not require new studies, technical information, or plans.

Decision

Once an application has been deemed complete, UTRCA staff shall make a decision on the merits of the application within the following timelines:

  • Minor Application = 30 days

Applications considered minor in nature due to project size, level of risk, location, and/or other factors. These projects have minor impacts on the control of flooding, erosion, dynamic beaches or unstable soil or bedrock. Based on the proximity of the project to the hazard, minor permit applications are reviewed by UTRCA staff and generally require standard recommendations or conditions. Minor permit applications could be those involving, for example, minor fill, minor development, and minor site alteration where there is a high degree of certainty that issues associated with natural hazards are minimal.

  • Major Application = 90 days

Major applications require significant UTRCA staff involvement. They could be highly complex projects, for example, large subdivisions requiring technical review supported by comprehensive analysis, or smaller scale site specific applications that require complex technical reviews. The proposals may involve high risk locations, developments with significant natural hazards, or multiple approval process requirements. Generally, these would include Plans of Subdivision and Condominium, large Site Plan Control applications, and major infrastructure development. Major applications could also include those where works have been undertaken or are in the process of being undertaken, without prior approval from the UTRCA, and those where works have been undertaken that do not comply with UTRCA Section 28 policies and restoration/remediation measures are required.

If a decision on a complete application has not been made within 90 days, the applicant may appeal a no-decision of the Authority to the Ontario Lands Tribunal.

If the application is deemed to be in compliance with requirements of the Conservation Authorities Act, Ontario Regulation 41/24, and UTRCA鈥檚 Board of Directors-approved policies and procedures, a permit will be issued by staff to engage in the activity specified in the permit that would otherwise be prohibited by Section 28 if, in the opinion of the Authority, the activity is (s.28.1(1), CA Act):

  1. Not likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock, and
  2. Not likely to create conditions or circumstances that in the event of a natural hazard might jeopardize the health or safety of persons or result in the damage or destruction of property.

A permit may be issued with or without conditions. Conditions may be applied to a permit if, in the opinion of the Authority, the conditions:

  1. Assist in preventing or mitigating any effects on the control of flooding, erosion, dynamic beaches or unstable soil or bedrock;
  2. Assist in preventing or mitigating any effects on human health or safety or any damage or destruction of property in the event of a natural hazard; or
  3. Support the administration or implementation of the permit, including conditions related to reporting, notification, monitoring and compliance with the permit.

If conditions are attached on a permit and the applicant disagrees with the condition(s), the applicant may request an opportunity for a hearing with the UTRCA鈥檚 Hearing Committee to dispute the conditions imposed on the permit.

If staff are recommending refusal of an application for permit, the applicant will be notified with staff鈥檚 reasons and provided with an opportunity to request a hearing before the UTRCA Hearing Committee (a subcommittee of the Board of Directors) prior to final decision on the application. Further details on Hearing procedures can be found within UTRCA鈥檚 Section 28 Hearing Guidelines.

Appeals

Where the Authority refuses a permit or imposes any conditions on a permit to which the applicant objects, the applicant may within 15 days of receiving the reasons for the authority鈥檚 decision, submit a request for review by the Minister of the Ministry of Natural Resources.

The Minister shall reply to the applicant within 30 days of the request to advise whether the Minister intends to conduct a review of the Authority鈥檚 decision.

Further details regarding Minister Review can be found within .

Within 90 days after receiving the reasons for the Authority鈥檚 decision to refuse a permit or impose conditions, the applicant may appeal the decision to the Local Planning Appeal Tribunal (LPAT). Restrictions apply to LPAT appeals when a request for Minister Review has been requested.

Further details on appeals to decisions made under section 28 Regulations of the Act can be found within

How to Apply for a Permit

Follow our step-by-step overview of how to apply for a permit.

For more information on UTRCA鈥檚 Application and Permit process