O. Reg. 474/24: MINISTER'S REVIEWS UNDER SECTIONS 28.1 AND 28.1.2 OF THE ACT AND MINISTER'S ORDERS UNDER SECTION 28.1.1 OF THE ACT, Under: Conservation Authorities Act, R.S.O. 1990, c. C.27
Today, February 14, 2025, current consolidated laws on e-Laws are current (up-to-date) to February 11, 2025 (e-Laws currency date).
Conservation Authorities Act
MINISTER'S REVIEWS UNDER SECTIONS 28.1 AND 28.1.2 OF THE ACT AND MINISTER'S ORDERS UNDER SECTION 28.1.1 OF THE ACT
Consolidation Period: From January 1, 2025 to the e-Laws currency date.
No amendments.
This is the English version of a bilingual regulation.
CONTENTS
Definitions | |
Circumstances where Minister may review, s. 28.1 (8) of the Act | |
Request for Minister’s review, ss. 28.1 (8) and 28.1.2 (9) of the Act | |
Minister’s order under s. 28.1.1 (1) of the Act | |
Request for Minister’s order | |
Application for a permit issued by Minister, s. 28.1.1 (7) of the Act | |
Matters of provincial interest |
Definitions
“development activity” has the same meaning as in subsection 1 (1) of Ontario Regulation 41/24 (Prohibited Activities, Exemptions and Permits) made under the Act.
Circumstances where Minister may review, s. 28.1 (8) of the Act
2. The Minister may conduct a review under subsection 28.1 (8) of the Act only if, in the opinion of the Minister, the proposed development activity or other activity that is the subject of an application for a permit pertains to or supports a matter of provincial interest described in section 7.
Request for Minister’s review, ss. 28.1 (8) and 28.1.2 (9) of the Act
3. For the purposes of subsections 28.1 (8) and 28.1.2 (9) of the Act, a request for the Minister to review an authority’s decision, including any proposed conditions on a permit to which an applicant objects, shall include the following:
(a) the requestor’s name and contact information, including if applicable, the name and contact information of the requestor’s agent or representative;
(b) a copy of the complete application, within the meaning of Ontario Regulation 41/24 (Prohibited Activities, Exemptions and Permits) made under the Act, that was submitted to the authority;
(c) a copy of the written reasons for the authority’s decision that was provided to the applicant;
(d) if the request relates to conditions imposed by the authority to which the applicant objects, identification of:
(i) the specific conditions that are the subject of the request for a review,
(ii) the changes requested to the conditions, including any requests for the removal of a condition, and
(iii) the rationale in support of the requested changes;
(e) if the request relates to an authority’s decision to refuse to issue a permit, the rationale supporting a request for the Minister to vary the decision and issue the permit, with or without conditions;
(f) a summary of the proposed development activity or other activity, including,
(i) the name of the proposed project, if applicable,
(ii) the location of the proposed development activity or other activity, including every local and upper-tier municipality and geographic township in which the lands are located, the lot and concession numbers and any applicable civic addresses,
(iii) the current and proposed land use,
(iv) the type of development activity or other activity, and
(v) identification of the zoning applicable to the subject lands, including whether an order has been made under section 47 of the Planning Act;
(g) for requests under subsection 28.1 (8) of the Act, an explanation of how the proposed development activity or other activity pertains to or supports a matter of provincial interest described in section 7;
(h) reasons why a review by the Minister would be preferable to appealing to the Ontario Land Tribunal under subsection 28.1 (20) of the Act;
(i) confirmation of local endorsement, if any, of the proposed development activity or other activity or of the request for a Minister’s review such as a letter from the affected municipality or a municipal resolution, if applicable; and
(j) a description of any licences, permits, approvals, permissions or other matters that would be required before the development activity or other activity could proceed and the status of obtaining those.
Minister’s order under s. 28.1.1 (1) of the Act
4. The Minister may only make an order under subsection 28.1.1 (1) of the Act in the following circumstances:
1. On the Minister’s own initiative, provided that, in the opinion of the Minister, the specified activity or type or class of activity pertains to or supports a matter of provincial interest described in section 7.
2. A request is submitted to the Minister in accordance with section 5 with respect to an activity or a type or class of activity that, in the opinion of the Minister, pertains to or supports a matter of provincial interest described in section 7.
Request for Minister’s order
5. A request pursuant to paragraph 2 of section 4 of this Regulation for the Minister to make an order under subsection 28.1.1 (1) of the Act directing an authority not to issue a permit, shall be submitted to the Ministry and shall include the following:
(a) the requestor’s name and contact information, including if applicable, the name and contact information of the requestor’s agent or representative;
(b) a summary of the proposed development activity or other activity, including,
(i) the name of the proposed project, if applicable,
(ii) the location of the proposed development activity or other activity, including every local and upper-tier municipality and geographic township in which the lands are located, the lot and concession numbers and any applicable civic addresses,
(iii) the current and proposed land use,
(iv) the type of development activity or other activity, and
(v) identification of the zoning applicable to the subject lands;
(c) an explanation of how the proposed development activity or other activity pertains to or supports a matter of provincial interest described in section 7;
(d) a summary of the steps that have been taken, if any, to apply for a permit under subsection 28.1 (2) of the Act as of the date a request is submitted to the Ministry, including if an application for a permit has been submitted to the relevant authority, or a summary of any pre-submission consultation or site visits that have occurred;
(e) reasons why the issuance of an order under subsection 28.1.1 (1) of the Act would be the preferred approach, as opposed to applying for a permit under subsection 28.1 (2) of the Act;
(f) confirmation of local endorsement of the proposed development activity or other activity or of the submission of the request for an order, such as a letter from the affected municipality or a municipal resolution; and
(g) a description of any licences, permits, approvals, permissions or other matters that would be required before the development activity or other activity could proceed and the status of obtaining those.
Application for a permit issued by Minister, s. 28.1.1 (7) of the Act
6. (1) An application for a permit submitted to the Minister under subsection 28.1.1 (7) of the Act shall, in addition to any information that the Minister requests under subclause 28.1.1 (7) (a) (iii) of the Act, include,
(a) the applicant’s name and contact information, including if applicable, the name and contact information of the applicant’s agent or representative;
(b) 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;
(c) 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;
(d) the start and completion dates of the development activity or other activity;
(e) 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;
(f) 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;
(g) drainage details before and after the development activity or other activity;
(h) a complete description of any type of fill proposed to be placed or dumped;
(i) confirmation that the applicant is authorized to carry out the proposed development activity or other activity on the subject property, if the applicant is not the owner; and
(j) any other technical information, studies or plans that the Minister requests.
(2) Upon receipt of the information required under subsection (1) and payment by the applicant of any fee that is required to be paid to the Minister under subclause 28.1.1 (7) (a) (ii) of the Act, the Minister shall notify the applicant in writing, within 21 days, whether or not the application complies with subsection 28.1 (3) or clause 28.1.1 (7) (a) of the Act, as the case may be, and is deemed to be a complete application.
Matters of provincial interest
7. For the purposes of sections 2 to 5, the following activities are matters of provincial interest:
(a) the provision of housing;
(b) the provision of community services such as education, long-term care, public health, recreation, security and safety or socio-cultural activities;
(c) the provision of infrastructure, including communication, transportation, waste management, electrical power, energy, sewage and water services and systems;
(d) the provision of employment opportunities through the establishment of manufacturing, industrial, agricultural, commercial or agricultural enterprises; or.
(e) any other matter that, in the opinion of the Minister, is in the provincial interest.
8. Omitted (provides for coming into force of provisions of this Regulation).