Conservation Authorities Act

Part I Purpose and Interpretation

0.1 The purpose of this Act is to provide for the organization and delivery of programs and services that further the conservation, restoration, development and management of natural resources in watersheds in Ontario. 2017, c. 23, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 1 - 12/12/2017

1 In this Act, “advisory board” means an advisory board appointed by an authority; (“conseil consultatif”) “Agency” means the corporation established under section 35.1; (“Agence”) “authority” means a conservation authority established or continued under this Act or a predecessor of this Act; (“office”) “executive committee” means the executive committee appointed by an authority; (“comité de direction”) “land” includes buildings and any estate, term, easement, right or interest in, to, over or affecting land; (“bien-fonds”) “Minister” means the Minister of the Environment, Conservation and Parks or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”) “municipality” means a local municipality, and includes a band under the Indian Act (Canada) that is permitted to c…

1.1 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2020, c. 36, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 6, s. 1 - 02/02/2021

PART I.1 TRANSITION TO NEW AUTHORITIES

1.2 (1) In this Part, “new authority” means an authority set out in Column 2 of the Table to section 1.3; (“nouvel office”) “predecessor authority” means an authority set out in Column 1 of the Table to section 1.3; (“office remplacé”) “transition committee” means, in respect of a new authority, the committee established under subsection 1.6 (1) for that authority; (“comité de transition”) “transition date” means February 1, 2027 or such later date as may be prescribed by the regulations; (“date de transition”) 2026, c. 2, Sched. 3, s. 2. Same (2) Despite the definition of “new authority” in subsection (1), a reference to a new authority includes, where the context so requires, the authority as it is being planned for before the amalgamation and continuation provided for under subsection 1.3 (2) occur. 2026, c. 2, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2026, c. 2, …

1.3 (1) In this section, (a) a reference to a predecessor authority’s new authority is a reference to the new authority into which the predecessor authority is to be amalgamated; and (b) a reference to a new authority’s predecessor authorities is a reference to the predecessor authorities that are to be amalgamated into the new authority. 2026, c. 2, Sched. 3, s. 2. Amalgamations (2) On the transition date, the predecessor authorities set out in Column 1 of the Table to this section are amalgamated and continued as conservation authorities under the applicable name set out opposite the predecessor authorities in Column 2 of the Table. 2026, c. 2, Sched. 3, s. 2. Rules (3) The following rules apply on and after the transition date to each amalgamation: 1. All rights, obligations, assets and liabilities of the predecessor authorities that existed immediately before the transition date beco…

1.4 (1) On the transition date, the Lakehead Region Conservation Authority is continued as a conservation authority under the name Northwestern Ontario Regional Conservation Authority in English and Office régional de protection de la nature du Nord-Ouest de l’Ontario in French. 2026, c. 2, Sched. 3, s. 2. Participating municipalities (2) The participating municipalities of the Northwestern Ontario Regional Conservation Authority shall be the municipalities that were the participating municipalities of the Lakehead Region Conservation Authority immediately before the transition date. 2026, c. 2, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2026, c. 2, Sched. 3, s. 2 - 24/04/2026 Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2026, c. 2, Sched. 3, s. 3 (1))

1.5 (1) No later than the day immediately before the transition date, the council of each municipality that will be a participating municipality of a new authority shall appoint to the new authority such number of members as determined in accordance with subsections (3), (5) and (6), which members must be resident in a participating municipality of the new authority. 2026, c. 2, Sched. 3, s. 3 (1). Same, Northwestern Ontario Regional Conservation Authority (2) No later than the day immediately before the transition date, the council of each municipality that will be a participating municipality of the Northwestern Ontario Regional Conservation Authority shall appoint to the authority such number of members as determined in accordance with subsections (3), (5) and (6), which members must be resident in a participating municipality of the authority. 2026, c. 2, Sched. 3, s. 3 (1). Minimum …

1.6 (1) The Agency shall, for each new authority, establish a committee in accordance with this section whose purpose is to prepare for the amalgamation of the predecessor authorities into the new authority. 2026, c. 2, Sched. 3, s. 4 (1). Appointments by predecessor authorities (2) No later than 90 days after the day the Plan to Protect Ontario Act (Budget Measures), 2026 receives Royal Assent, each predecessor authority shall appoint the following individuals to be members of the transition committee for its new authority: 1. One of its members that is a member of a municipal council. 2. Subject to subsection (3), the chief administrative officer or general manager of the predecessor authority. 2026, c. 2, Sched. 3, s. 4 (1). Same (3) If a predecessor authority is of the opinion that its chief administrative officer or general manager is not available to serve on the transition committ…

1.7 (1) The Agency may issue directions to a transition committee, the transition committee’s project executive or to both, in accordance with this section, governing the roles, responsibilities, practices and procedures of the transition committee and project executive and requiring the transition committee, project executive or both to take specified actions to prepare for the amalgamation of the predecessor authorities into the new authority, which may include actions respecting the development of a transition plan mentioned in subsection 1.10 (1) and the plan’s contents. 2026, c. 2, Sched. 3, s. 4 (1). Copy of direction (2) The Agency shall provide a copy of each direction issued under this section to the transition committee’s project executive, every member of the transition committee and to the chair of each of the new authority’s predecessor authorities. 2026, c. 2, Sched. 3, s. …

1.8 (1) For the purposes of ensuring a transition committee and its project executive satisfy the requirements of this Act and any applicable directions of the Agency, the project executive may require one or more of the new authority’s predecessor authorities to provide information to the project executive at the time and in the manner specified by the project executive. 2026, c. 2, Sched. 3, s. 4 (1). Same (2) Subsections 35.23 (2) to (8) apply in respect of a requirement by a project executive to provide information under subsection (1), subject to necessary modifications. 2026, c. 2, Sched. 3, s. 4 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, section 1.8 of the Act, as enacted by subsection (1), is repealed. (See: 2026, c. 2, Sched. 3, s. 4 (2)) Section Amendments with date in force (d/m/y) 2026, c. 2, Sched. 3, s. 4 (1) - 24/04/2026; 2026, c. 2, Sc…

1.9 Every member, employee and agent of a new authority’s predecessor authorities shall co-operate with the new authority’s transition committee and the transition committee’s project executive and shall assist the transition committee and the project executive when requested by them for the purposes of ensuring the transition committee and the project executive satisfy the requirements of this Act and any applicable directions of the Agency. 2026, c. 2, Sched. 3, s. 4 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, section 1.9 of the Act, as enacted by subsection (1), is repealed. (See: 2026, c. 2, Sched. 3, s. 4 (2)) Section Amendments with date in force (d/m/y) 2026, c. 2, Sched. 3, s. 4 (1) - 24/04/2026; 2026, c. 2, Sched. 3, s. 4 (2) - not in force

1.10 (1) Each transition committee shall develop a transition plan to prepare for the amalgamation of the predecessor authorities into its new authority. 2026, c. 2, Sched. 3, s. 4 (1). Submission to Agency (2) The transition committee shall submit the transition plan to the Agency for the Agency’s review by the date specified by the Agency. 2026, c. 2, Sched. 3, s. 4 (1). Revisions to transition plan (3) After the Agency has reviewed the transition plan, the Agency shall, (a) provide comments on the plan and may issue directions to the transition committee respecting revisions that the committee must make to the plan including the date by which the revisions must be made; or (b) confirm that no revisions to the plan are necessary. 2026, c. 2, Sched. 3, s. 4 (1). Same (4) Upon receipt of the Agency’s comments or a direction under subsection (3), the transition committee shall revise the …

1.11 (1) Each new authority shall implement the final transition plan provided to its members under subsection 1.10 (10), or the amended final transition plan if any amendments are made to the plan under this section. 2026, c. 2, Sched. 3, s. 4 (1). Request for amendments (2) The new authority may request, in writing, that the Agency authorize the authority to amend the final transition plan. 2026, c. 2, Sched. 3, s. 4 (1). Contents of request (3) A request under subsection (2) must identify the portions of the final transition plan that the new authority wishes to amend, describe its proposed amendments and explain the rationale for the proposed amendments. 2026, c. 2, Sched. 3, s. 4 (1). Agency review of request (4) The Agency shall consider a request under subsection (2) and do one or more of the following by providing written notice to the new authority: 1. Authorize the new authorit…

1.12 (1) Despite subsection 18 (1.1) and subject to subsections (2) and (3), starting on the transition date, the project executive appointed in respect of a transition committee for a new authority is the chief administrative officer of the new authority for a term of two years. 2026, c. 2, Sched. 3, s. 4 (1). Notice re replacement of chief administrative officer (2) During the two-year term mentioned in subsection (1), the Agency may provide written notice to the authority and the project executive that the project executive mentioned in subsection (1) is no longer the chief administrative officer of the authority, effective on such date as may be specified in the notice. 2026, c. 2, Sched. 3, s. 4 (1). Same (3) If a notice is provided under subsection (2), the Agency may also include in the notice to the authority the name of a new individual appointed by the Agency as the chief admin…

1.13 (1) Despite sections 2, 3 and 9, (a) no request shall be made to the Minister to call a meeting mentioned in subsection 2 (1) or section 9; (b) the Minister shall not call a meeting mentioned in subsection 2 (1) or section 9; and (c) no conservation authority shall be established by the Lieutenant Governor in Council under section 3. 2026, c. 2, Sched. 3, s. 4 (1). Enlargement of authority’s area (2) Despite section 10, (a) no council of a municipality shall call a meeting mentioned in subsection 10 (1); and (b) no resolution mentioned in subsection 10 (4) shall be passed. 2026, c. 2, Sched. 3, s. 4 (1). Amalgamation of authorities (3) Despite section 11, (a) no authority or council of a municipality shall call a meeting mentioned in subsection 11 (1); and (b) the Minister shall not approve a resolution described in subsection 11 (4), with or without changes, terms and conditions. 2…

1.14 (1) The Minister may, for the purpose of facilitating the transition to a regional watershed-based framework for authorities, issue a direction to an authority, (a) prohibiting the authority from making a decision in relation to its exercise of any of its powers under this Act or any other Act in the circumstances specified in the direction and subject to any specified conditions; (b) requiring the authority to give notice, in accordance with the direction, of a decision that it has made; (c) requiring the authority to send notices under subsection 25 (2), 27 (3) or 27.2 (3) by the date specified in the direction; (d) governing budgetary and apportionment matters relating to the authority that are otherwise addressed in a regulation made under clause 40 (1) (c), (e) or (f) or clause 40 (3) (k). 2026, c. 2, Sched. 3, s. 4 (1). Same (2) Without limiting the generality of clause (1) (a…

Part II Establishment of conservation Authorities

2 (1) Where the councils of any two or more municipalities situate either wholly or partly within a watershed by resolution request the Minister to call a meeting for the establishment of an authority for the watershed or any defined part thereof, the Minister shall fix a time and place for such a meeting and shall forthwith notify the council of every municipality either wholly or partly within the watershed or part thereof. R.S.O. 1990, c. C.27, s. 2 (1). Representatives at meeting (2) The council of each municipality may appoint representatives to attend the meeting in the following numbers: 1. Where the population is 1,000,000 or more, seven representatives. 1.1 Where the population is 500,000 or more but less than 1,000,000, six representatives. 1.2 Where the population is 250,000 or more but less than 500,000, five representatives. 2. Where the population is 100,000 or more but les…

3 (1) Upon receipt by the Minister of a resolution passed at a meeting held under section 2 and at which a quorum was present by not less than two-thirds of the representatives present thereat requesting the establishment of an authority, the Lieutenant Governor in Council may establish a conservation authority and designate the municipalities that are the participating municipalities and the area over which the authority has jurisdiction. R.S.O. 1990, c. C.27, s. 3 (1); 2017, c. 23, Sched. 4, s. 5 (1). Where only part of municipality in watershed (2) Where a municipality is only partly within the watershed, the Lieutenant Governor in Council may include the whole or that part of the municipality in the area over which the authority has jurisdiction. R.S.O. 1990, c. C.27, s. 3 (2). (3) Repealed: 2026, c. 2, Sched. 3, s. 5. Corporate body (4) Every authority is a body corporate. R.S.O. 19…

4 (1) An upper-tier municipality that was established as a regional municipality before the day subsection 6 (1) of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, (a) shall act in the place of the local municipalities within the regional municipality for the purpose of appointing representatives to attend a meeting for the establishment or enlargement of a conservation authority or the amalgamation of conservation authorities and for the purpose may appoint representatives in the numbers to which the local municipalities would otherwise have been entitled; and (b) shall be a participating municipality in the place of such of the local municipalities within the regional municipality as are wholly or partly within the area under the jurisdiction of a conservation authority and shall appoint to each such authority the number of members to…

5 (1) The Metropolitan Toronto and Region Conservation Authority is continued under the name Toronto and Region Conservation Authority in English and Office de protection de la nature de Toronto et de la région in French, and has jurisdiction in all matters provided for in this Act over the area under its jurisdiction on December 31, 1990, as it may be altered under this Act. 1997, c. 26, Sched. (2) Repealed: 2001, c. 9, Sched. K, s. 1 (2). Designation of participating municipalities and area (3) The Lieutenant Governor in Council may designate, (a) the municipalities that are the participating municipalities of the Toronto and Region Conservation Authority; and (b) the area over which the Toronto and Region Conservation Authority has jurisdiction. 1997, c. 26, Sched. Members (4) Despite subsections 14 (1), (2) and (5) but subject to subsection 14 (2.1), the number of members appointed t…

6 (1) The Hamilton Region Conservation Authority is continued under the name Hamilton Region Conservation Authority in English and Office de protection de la nature de la région de Hamilton in French, and has jurisdiction in all matters provided for in this Act over the area under its jurisdiction on the 31st day of December, 1990, as it may be altered under this Act. R.S.O. 1990, c. C.27, s. 6 (1). (2) Repealed: 2001, c. 9, Sched. K, s. 1 (4). Designation of participating municipalities and area (3) The Lieutenant Governor in Council may designate the municipalities that are the participating municipalities of the Hamilton Region Conservation Authority and the area under its jurisdiction. R.S.O. 1990, c. C.27, s. 6 (3). (4) Repealed: 2000, c. 5, s. 8. Note: On a day to be named by order of the Lieutenant Governor in Council, section 6 of the Act is repealed. (See: 2026, c. 2, Sched. 3, …

7 (1) The Grand River Conservation Authority is continued under the name Grand River Conservation Authority in English and Office de protection de la nature de la rivière Grand in French as a conservation authority under this Act. R.S.O. 1990, c. C.27, s. 7 (1). Designation of participating municipalities and area (2) The Lieutenant Governor in Council may designate the municipalities that are the participating municipalities of the Grand River Conservation Authority and the area over which it has jurisdiction. 2001, c. 9, Sched. K, s. 1 (5). (3) Repealed: 2001, c. 9, Sched. K, s. 1 (5). Note: On a day to be named by order of the Lieutenant Governor in Council, section 7 of the Act is repealed. (See: 2026, c. 2, Sched. 3, s. 6) Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. K, s. 1 (5) - 29/06/2001 2026, c. 2, Sched. 3, s. 6 - not in force

8 The participating municipalities may designate any group of municipalities that shall be considered as one municipality for the purpose of appointing a member or members to a conservation authority and provide for the appointment of the member or members to be appointed by a group of municipalities. R.S.O. 1990, c. C.27, s. 8; 1998, c. 18, Sched. I, s. 2. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 2 - 18/12/1998

9 Where the councils of any three municipalities situate either wholly or partly within the area comprising two or more watersheds by resolution request the Minister to call a meeting for the establishment of an authority for such watersheds or any defined parts thereof, the provisions of sections 2 and 3 apply with necessary modifications. R.S.O. 1990, c. C.27, s. 9.

Part III Enlarging Areas of Jurisdiction, Amalgamations and Dissolutions

10 (1) If an authority has been established, the council of a municipality that is completely or partly outside the jurisdiction of the authority may call a meeting to consider the enlargement of the area over which the authority has jurisdiction to include an area specified by the municipality. 1998, c. 18, Sched. I, s. 3 (1). Notice of meeting (1.1) Notice of the meeting shall be given to each participating municipality of the authority and to any municipality that is completely or partly within the area specified under subsection (1). 2017, c. 23, Sched. 4, s. 8. Representatives (2) Each municipality that receives notice of the meeting may appoint the number of representatives to attend the meeting that is determined in accordance with subsection 2 (2). 2017, c. 23, Sched. 4, s. 8. Quorum (3) At any meeting called under this section, a quorum consists of two-thirds of the representati…

11 (1) If two or more authorities have been established for adjoining watersheds or parts thereof, one or more of the authorities or the council of a participating municipality of one of the authorities may call a meeting to consider the establishment of one authority to have jurisdiction over the areas that are under separate jurisdictions. 1998, c. 18, Sched. I, s. 4 (1); 2017, c. 23, Sched. 4, s. 9 (1). Notice of meeting (1.1) Notice of the meeting shall be given to each participating municipality of the relevant authorities. 2017, c. 23, Sched. 4, s. 9 (2). Public notice (1.2) The body or bodies that call a meeting under subsection (1) shall ensure that, at least 14 days before the meeting, notice of the meeting is, (a) published in a newspaper having general circulation in each participating municipality, including in the electronic version of the newspaper where available; or (b) i…

12 Repealed: 1998, c. 18, Sched. I, s. 5. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 5 - 18/12/1998

13 Where a new municipality is erected or two or more municipalities are amalgamated or any area is annexed to a municipality and any part of the resulting municipality is within the area over which an authority has jurisdiction, such resulting municipality shall be deemed to have been designated a participating municipality by the Lieutenant Governor in Council. R.S.O. 1990, c. C.27, s. 13.

13.1 (1) An authority shall call a meeting of the members of the authority to consider the dissolution of the authority if, by resolution, the councils of two or more participating municipalities request the meeting. 1996, c. 1, Sched. M, s. 41. Public notice (1.1) The authority that calls a meeting under subsection (1) shall ensure that, at least 14 days before the meeting, notice of the meeting is, (a) published in a newspaper having general circulation in each participating municipality, including in the electronic version of the newspaper where available; or (b) if there is no newspaper of general circulation in a participating municipality, posted on a website maintained by the municipality and in at least one prominent place in the municipality. 2017, c. 23, Sched. 4, s. 10 (1). Quorum (2) Despite subsection 16 (2), a quorum at a meeting called under this section consists of two-th…

Part IV Membership and Governance

14 (1) Subject to subsection (3), members of an authority shall be appointed by the respective councils of the participating municipalities in the numbers set out in subsection 2 (2) for the appointment of representatives. 2017, c. 23, Sched. 4, s. 12 (1); 2020, c. 36, Sched. 6, s. 2 (1). Members of council appointed (1.1) When appointing members of an authority, the council of a participating municipality shall ensure that at least 70 per cent of its appointees are selected from among the members of the municipal council, subject to subsection (1.2). 2020, c. 36, Sched. 6, s. 2 (2). Exception (1.2) Upon application by a participating municipality, the Minister may grant permission to the municipality to select less than 70 per cent of its appointees to an authority from among the members of the municipal council, subject to such conditions or restrictions as the Minister considers appro…

14 (1) The council of each participating municipality of an authority shall appoint to the authority such number of members as determined in accordance with subsections (2), (4) and (5) which members must be resident in a participating municipality of the authority. 2026, c. 2, Sched. 3, s. 7. Minimum number (2) The number of members to be appointed to the authority by each participating municipality shall be determined in accordance with the method prescribed by the regulations, but a minimum of one member shall be appointed by the council of each participating municipality. 2026, c. 2, Sched. 3, s. 7. Method (3) The method mentioned in subsection (2) for determining the number of members to be appointed by each participating municipality shall be based on each municipality’s population within the authority’s area of jurisdiction in proportion to the total population within that area of…

14.1 Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 2, s. 3 - no effect - see 2020, c. 36, Sched. 6, s. 28 - 08/12/2020

15 (1) The first meeting of an authority shall be held at such time and place as may be determined by the Minister and, in each year thereafter, the authority shall hold at least one meeting before the 1st day of March and at least one meeting after the 1st day of July and such other meetings as it considers necessary to effectively conduct the affairs of the authority. R.S.O. 1990, c. C.27, s. 15 (1). Copies of minutes to members (2) Within 30 days after any meeting of an authority or of an executive committee, the secretary-treasurer of the authority shall send a copy of the minutes of the meeting to each member of the authority. R.S.O. 1990, c. C.27, s. 15 (2); 1998, c. 18, Sched. I, s. 7. Agenda, minutes to be made public (2.1) Subject to the Municipal Freedom of Information and Protection of Privacy Act, the authority shall, (a) make the agenda for a meeting of the authority or of i…

16 (1) Each member of an authority is entitled to one vote. 1998, c. 18, Sched, I, s. 8. Quorum (2) At any meeting of an authority, a quorum consists of one-half of the members appointed by the participating municipalities, except where there are fewer than six such members, in which case three such members constitute a quorum. R.S.O. 1990, c. C.27, s. 16 (2); 2006, c. 22, s. 113 (2). Majority vote (3) A majority vote of the members present at any meeting is required upon all matters coming before the meeting. R.S.O. 1990, c. C.27, s. 16 (3). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 8 - 18/12/1998 2006, c. 22, s. 113 (2) - 03/07/2007

17 (1) If, at the first meeting held in each year or at such other meeting as may be specified by the authority’s by-laws, there is a vacancy in the office of chair or vice-chair, the authority shall appoint a chair and one or more vice-chairs, as the case may be, from among the members of the authority. 2026, c. 2, Sched. 3, s. 8. Term of chair, vice-chair (1.1) A chair or vice-chair appointed under subsection (1) shall hold office for a term not exceeding two years and shall serve as chair or vice-chair for no more than eight years in total, whether the years are served consecutively or otherwise. 2026, c. 2, Sched. 3, s. 8. (1.2), (1.3) Repealed: 2026, c. 2, Sched. 3, s. 8. Vacancy (2) Subject to subsection (1), upon the death of the chair or a vice-chair, or upon the incapacity of the chair or a vice-chair to act, or upon the chair or a vice-chair ceasing to be a member of the author…

18 (1) An authority shall appoint a secretary-treasurer and may appoint such other employees as it considers necessary who shall hold office during the pleasure of the authority and shall receive such salary or other remuneration as the authority determines, payable out of the funds of the authority. R.S.O. 1990, c. C.27, s. 18 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, section 18 of the Act is amended by adding the following subsection: (See: 2026, c. 2, Sched. 3, s. 9) Chief administrative officer (1.1) An authority shall appoint a chief administrative officer who shall be responsible for performing such duties as are assigned by the authority in the authority’s by-laws. 2026, c. 2, Sched. 3, s. 9. Advisory boards (2) An authority shall establish such advisory boards as may be required by regulation and may establish such other advisory boards as it…

18.1 (1) An authority shall, in accordance with the regulations, if any, establish one or more watershed councils for the purposes of assisting the authority in identifying local priorities with respect to its programs and services and to ensure that local interests are considered as part of the authority’s decision-making process. 2026, c. 2, Sched. 3, s. 10. Same (2) An authority shall comply with any requirements that may be prescribed by the regulations with respect to the composition, functions, powers, duties, activities and procedures of a watershed council. 2026, c. 2, Sched. 3, s. 10. Section Amendments with date in force (d/m/y) 2026, c. 2, Sched. 3, s. 10 - not in force

19 (1) The authority may appoint an executive committee from among the members of the authority. R.S.O. 1990, c. C.27, s. 19 (1). Chair, vice-chair (2) The chair and vice-chair of the authority shall be the chair and vice-chair of the executive committee. R.S.O. 1990, c. C.27, s. 19 (2). (3) Repealed: 1998, c. 18, Sched. I, s. 9. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 9 - 18/12/1998

19.1 (1) An authority may make by-laws, Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 19.1 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following: (See: 2026, c. 2, Sched. 3, s. 11 (1)) (1) An authority shall make such by-laws as are necessary for its proper administration, which may include, (a) respecting the meetings to be held by the authority, including providing for the calling of the meetings and the procedures to be followed at meetings, specifying which meetings, if any, may be closed to the public; (b) prescribing the powers and duties of the secretary-treasurer; Note: On a day to be named by order of the Lieutenant Governor in Council, clause 19.1 (1) (b) of the Act is amended by adding “and chief administrative officer” at the end. (See: 2026, c. 2, Sched. 3, s. 11 (2)) (c) designating and…

Part V Objects, Powers and Duties

20 (1) The objects of an authority are to provide, in the area over which it has jurisdiction, (a) the mandatory programs and services required under section 21.1; (b) any municipal programs and services that may be provided under section 21.1.1; and (c) any other programs or services that may be provided under section 21.1.2. 2020, c. 36, Sched. 6, s. 6 (1). Same (2) Subject to any other Act relating to gas or oil resources, authorities may enter into agreements to allow exploration, storage and extraction by others in order to share in the revenue from use of gas or oil resources owned by them if, (a) the use is compatible with the conservation, restoration, development and management of other natural resources; and (b) extraction occurs on land adjacent to, but not on, conservation authority land. 1998, c. 18, Sched. I, s. 10; 2020, c. 36, Sched. 6, s. 6 (2). Section Amendments with d…

21 (1) For the purposes of accomplishing its objects, an authority has power, (a) to research, study and investigate the watershed and to support the development and implementation of programs and services intended to further the purposes of this Act; (b) for any purpose necessary to any project under consideration or undertaken by the authority, to enter into and upon any land, with consent of the occupant or owner, and survey and take levels of it and make such borings or sink such trial pits as the authority considers necessary; (c) to acquire by purchase, lease or otherwise any land that it may require, and, subject to subsections (2) and (4), to sell, lease or otherwise dispose of land so acquired; (d) despite subsection (2), to lease for a term of five years or less land acquired by the authority; (e) to purchase or acquire any personal property that it may require and sell or othe…

21.1 (1) An authority shall provide the following programs or services within its area of jurisdiction: 1. Programs or services that meet any of the following descriptions and that have been prescribed by the regulations: i. Programs and services related to the risk of natural hazards. ii. Programs and services related to the conservation and management of lands owned or controlled by the authority, including any interests in land registered on title. iii. Programs and services related to the authority’s duties, functions and responsibilities as a source protection authority under the Clean Water Act, 2006. iv. Programs and services related to the authority’s duties, functions and responsibilities under an Act prescribed by the regulations. 2. Programs or services, other than programs or services described in paragraph 1, that have been prescribed by the regulations on or before the firs…

21.1.1 (1) Subject to subsection (1.1), an authority may provide, within its area of jurisdiction, municipal programs and services that it agrees to provide on behalf of a municipality situated in whole or in part within its area of jurisdiction under a memorandum of understanding, or such other agreement as may be entered into with the municipality, in respect of the programs and services. 2020, c. 36, Sched. 6, s. 8 (1). 2022, c. 21, Sched. 2, s. 3 (1). Exception, prescribed Acts (1.1) An authority shall not provide under subsection (1), within its area of jurisdiction, a municipal program or service related to reviewing and commenting on a proposal, application or other matter made under a prescribed Act. 2022, c. 21, Sched. 2, s. 3 (2). Memorandum, agreement available to public (2) An authority shall make a memorandum of understanding or other agreement available to the public in suc…

21.1.2 (1) Subject to subsection (1.1), in addition to programs and services described in sections 21.1 and 21.1.1, an authority may provide, within its area of jurisdiction, any other programs and services that it determines are advisable to further the purposes of this Act. 2020, c. 36, Sched. 6, s. 8 (1); 2022, c. 21, Sched. 2, s. 4 (1). Exception, prescribed Acts (1.1) An authority shall not provide under subsection (1), within its area of jurisdiction, a program or service related to reviewing and commenting on a proposal, application or other matter made under a prescribed Act. 2022, c. 21, Sched. 2, s. 4 (2). Agreement (2) On and after the day prescribed by the regulations, if financing under section 25 or 27 by a participating municipality is necessary in order for an authority to provide a program or service authorized to be provided under subsection (1), the program or service …

21.1.3 An authority shall carry out such consultations with respect to the programs and services it provides as may be required by regulation and shall do so in the manner specified by regulation. 2020, c. 36, Sched. 6, s. 8 (1). Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 2, s. 4 - no effect - see 2020, c. 36, Sched. 6, s. 28 - 08/12/2020 2020, c. 36, Sched. 6, s. 8 (1) - 01/10/2021

21.1.4 Repealed: 2026, c. 2, Sched. 3, s. 14. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 2, s. 4 - no effect - see 2020, c. 36, Sched. 6, s. 28 - 08/12/2020 2020, c. 36, Sched. 6, s. 9 - 01/10/2021 2026, c. 2, Sched. 3, s. 14 - 24/04/2026

21.2 (1) The Minister may determine classes of programs and services in respect of which an authority may charge a fee. 2017, c. 23, Sched. 4, s. 21. Publication of list (2) The Minister shall publish the list of classes of programs and services in respect of which an authority may charge a fee in a policy document and distribute the document to each authority. 2017, c. 23, Sched. 4, s. 21. Updating list (3) If the Minister makes changes to the list of classes of programs and services in respect of which an authority may charge a fee, the Minister shall promptly update the policy document referred to in subsection (2) and distribute the new document to each authority. 2017, c. 23, Sched. 4, s. 21. Where authority may charge fee (4) An authority may charge a fee for a program or service that it provides only if it is set out on the list of classes of programs and services referred to in s…

21.3 (1) The Minister may give a written direction to an authority directing it not to change the amount of any fee it charges under subsection 21.2 (10) in respect of a program or service set out in the list referred to in subsection 21.2 (2), for the period specified in the direction. 2022, c. 21, Sched. 2, s. 5. Compliance (2) An authority that receives a direction under subsection (1) shall comply with the direction within the time specified in the direction. 2022, c. 21, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2022, c. 21, Sched. 2, s. 5 - 01/01/2023

22 An authority and any municipality may enter into agreement for the construction or maintenance of a road or the reconstruction or maintenance of an existing road under the jurisdiction of the municipality for the purpose of providing access to lands of the authority used or to be used for park or recreational purposes. R.S.O. 1990, c. C.27, s. 22.

23 (1) Despite any powers conferred on an authority by this Act, the Minister may, when and for such periods as he or she considers necessary in the public interest, (a) require an authority to carry out flood control operations in a manner specified by the Minister; (b) require an authority to follow instructions issued by the Minister for the operation of one or more of the authority’s water control structures; or (c) take over the operation of one or more of an authority’s water control structures and require the authority to reimburse the Minister for any costs incurred by the Minister as a result. 1996, c. 1, Sched. M, s. 45. Areas not under jurisdiction of authority (2) Despite any powers conferred on the council of a municipality under this or any other Act, in an area that is not under the jurisdiction of an authority, the Minister may, when and for such periods as he or she cons…

23.1 (1) An authority shall provide the Minister with such information as the Minister may require in relation to its operations, including the programs and services it provides. 2017, c. 23, Sched. 4, s. 22. Same (2) The information shall be provided at the time and in the manner as the Minister may specify. 2017, c. 23, Sched. 4, s. 22. Publication (3) If directed by the Minister to do so, an authority shall publish all or such portion of the information provided to the Minister under subsection (1) and shall do so at the time and in the manner specified by the Minister. 2017, c. 23, Sched. 4, s. 22. Investigator (4) The Minister may, at any time, appoint one or more investigators to conduct an investigation of an authority’s operations, including the programs and services it provides. 2019, c. 9, Sched. 2, s. 5. Powers of investigator (5) For the purposes of an investigation under sub…

23.2 (1) If, after reviewing the report of an investigator made under subsection 23.1 (7), the Minister believes that an authority has failed, or is likely to fail, to comply with a provision of this Act or the regulations or of any other Act or regulation that applies to the authority, the Minister may, (a) order the authority to do or refrain from doing anything to avoid, prevent or remedy the non-compliance; or (b) if the Minister believes it is advisable to do so, recommend to the Lieutenant Governor in Council that an administrator be appointed to take over the control and operation of the authority under section 23.3. 2020, c. 36, Sched. 6, s. 12. Compliance with order (2) An authority shall comply with an order made under clause (1) (a) within the time specified in the order. 2020, c. 36, Sched. 6, s. 12. Public availability (3) The Minister shall make every order made under claus…

23.3 (1) If the Minister makes a recommendation under clause 23.2 (1) (b), the Lieutenant Governor in Council may make an order appointing an administrator to take over the control and operations of the authority, including the provision of programs and services that the authority provides. 2020, c. 36, Sched. 6, s. 12. Powers of administrator (2) The administrator may exercise all the powers and shall perform all the duties of the authority and of its members subject to such terms and conditions as may be specified in the appointment or by the Minister. 2020, c. 36, Sched. 6, s. 12. Notice to authority (3) The Minister shall ensure that a copy of an order under subsection (1) is delivered to the authority and to the participating municipalities as soon as is practical after it is made. 2020, c. 36, Sched. 6, s. 12. Powers of Minister (4) The Minister may issue directions to the administ…

24 (1) Before proceeding with a project that involves money granted by the Minister under section 39, the authority shall file plans and a description with the Minister and obtain his or her approval in writing. 2017, c. 23, Sched. 4, s. 23. Terms and conditions (2) The Minister may impose terms and conditions on an approval given under subsection (1). 2022, c. 21, Sched. 2, s. 6 (2). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. M, s. 46 - 30/01/1996; 1996, c. 32, s. 66 (1, 2) - 01/01/1993 2017, c. 23, Sched. 4, s. 23 - 01/07/2023; 2017, c. 23, Sched. 5, s. 20 - 03/04/2018 2021, c. 4, Sched. 6, s. 39 (2) - 01/06/2021 2022, c. 21, Sched. 2, s. 6 (1) - 01/01/2023; 2022, c. 21, Sched. 2, s. 6 (2) - 01/07/2023

25 (1) An authority may, from time to time, determine the amount of capital costs to be incurred in connection with a project and apportion the capital costs to the participating municipalities in accordance with the regulations. 2017, c. 23, Sched. 4, s. 23. Limitation (1.1) Subject to subsection (1.2), an authority shall not, on and after the day prescribed by the regulations, include in the apportionment any capital costs in connection with a project related to a program or service authorized to be provided under subsection 21.1.2 (1). 2019, c. 9, Sched. 2, s. 6; 2026, c. 2, Sched. 3, s. 15 (1). Same (1.2) An authority shall include in the apportionment of capital costs to a participating municipality any capital costs in connection with a project related to a program or service that has been identified in an agreement between the municipality and the authority as described in subsect…

26 (1) Any participating municipality that receives a notice of apportionment under section 25 may, within 30 days after receiving the notice of apportionment, apply to the Ontario Land Tribunal, or to such other body as may be prescribed by regulation, for a review of the apportionment among the participating municipalities of the capital costs for the relevant project. 2017, c. 23, Sched. 4, s. 23; 2017, c. 23, Sched. 5, s. 22; 2021, c. 4, Sched. 6, s. 39 (5). Same (2) The participating municipality that makes an application under subsection (1) shall send a copy of the notice of application to the authority and to every other participating municipality of the authority. 2017, c. 23, Sched. 4, s. 23. Hearing (3) The Ontario Land Tribunal, or such other body as may be prescribed by regulation, shall hold a hearing to reconsider the apportionment of capital costs among the participating …

27 (1) Every year an authority shall determine its operating expenses for the subsequent year and apportion those expenses to the participating municipalities in accordance with the regulations. 2017, c. 23, Sched. 4, s. 24 (1). Limitation (1.1) Subject to subsection (1.2), an authority shall not, on and after the day prescribed by the regulations, include in the apportionment any operating expenses related to a program or service authorized to be provided under subsection 21.1.2 (1). 2019, c. 9, Sched. 2, s. 7 (1); 2026, c. 2, Sched. 3, s. 16 (1). Same (1.2) An authority shall include in the apportionment of operating expenses to a participating municipality any operating expenses related to a program or service that has been identified in an agreement between the municipality and the authority as described in subsection 21.1.2 (2). 2019, c. 9, Sched. 2, s. 7 (1). (1.3) Repealed: 2026, …

27.1 (1) Any participating municipality that receives a notice of apportionment under section 27 may, within 30 days of receiving the notice, apply to the Ontario Land Tribunal, or to such other body as may be prescribed by regulation, for a review of the apportionment of the operating expenses. 2017, c. 23, Sched. 4, s. 24 (1); 2021, c. 4, Sched. 6, s. 39 (7). Same (2) The participating municipality that makes an application under subsection (1) shall send a copy of the notice of application to the authority and to every other participating municipality of the authority. 2017, c. 23, Sched. 4, s. 24 (1). Hearing (3) The Ontario Land Tribunal, or such other body as may be prescribed by regulation, shall hold a hearing to reconsider the apportionment of the operating expenses, including considering whether the apportionment complies with section 27 and the regulations and whether the port…

27.2 (1) In this section, “specified municipality” means, when used in reference to an authority, (a) a municipality that is designated under the regulations made under the Clean Water Act, 2006 as a participating municipality for the authority for the purposes of that Act but that is not one of the authority’s participating municipalities under this Act, or (b) a municipality that is designated under the regulations made under the Lake Simcoe Protection Act, 2008 as a participating municipality for the Lake Simcoe Region Conservation Authority for the purposes of that Act but that is not one of the authority’s participating municipalities under this Act. 2019, c. 9, Sched. 2, s. 8 (1). Determination of amounts owing by specified municipality (2) An authority may, from time to time and in accordance with the regulations, determine the amounts owed by any of its specified municipalities i…

Part VI regulation of Areas over which Authorities have Jurisdiction

28 (1) No person shall carry on the following activities, or permit another person to carry on the following activities, in the area of jurisdiction of an authority: 1. Activities to straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse or to change or interfere in any way with a wetland. 2. Development activities in areas that are within the authority’s area of jurisdiction and are, i. hazardous lands, ii. wetlands, iii. river or stream valleys the limits of which shall be determined in accordance with the regulations, iv. areas that are adjacent or close to the shoreline of the Great Lakes-St. Lawrence River System or to an inland lake and that may be affected by flooding, erosion or dynamic beach hazards, such areas to be further determined or specified in accordance with the regulations, or v. other areas in which develo…

28.0.1 Repealed: 2020, c. 36, Sched. 6, s. 15 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 6, s. 15 (1) - 08/12/2020; 2020, c. 36, Sched. 6, s. 15 (2) – 01/04/2024 2021, c. 4, Sched. 6, s. 39 (12) - 01/06/2021 2022, c. 21, Sched. 2, s. 8 (1-13) - 28/11/2022

28.1 (1) An authority may issue a permit to a person to engage in an activity specified in the permit that would otherwise be prohibited by section 28, if, in the opinion of the authority, (a) the activity is not likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock; (b) the activity is 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; and (c) any other requirements that may be prescribed by the regulations are met. 2017, c. 23, Sched. 4, s. 25; 2022, c. 21, Sched. 2, s. 9 (1). Application for permit (2) A person who wishes to engage in an activity that is prohibited under section 28 in an area situated in the jurisdiction of an authority may apply to the authority for a permit under this section. 2017, c. 23,…

28.1.1 (1) Despite subsection 28.1 (1) and subject to the regulations, the Minister may, by order, (a) direct an authority not to issue a permit to a person who wishes to engage in a specified activity that, without the permit, would be prohibited under section 28 in the area of jurisdiction of the authority; or (b) direct the authorities that are specified in the order not to issue permits to persons who may wish to engage in a type or class of activity described in the order that, without the permit, would be prohibited under section 28 and to continue to refrain from doing so for such period as may be specified in the order. 2020, c. 36, Sched. 6, s. 17. Minister’s power (2) If an order is made under subsection (1), the Minister has the power to issue a permit to engage in any activity described in the order that would otherwise be prohibited under section 28 if, in the Minister’s opi…

28.1.2 (1) This section applies to any application submitted to an authority under section 28.1 for a permit to carry out a development project in the authority’s area of jurisdiction if, (a) an order has been made by the Minister of Municipal Affairs and Housing under section 47 of the Planning Act authorizing the development project under that Act; (b) the lands in the authority’s area of jurisdiction on which the development project is to be carried out are not located in the Greenbelt Area designated under section 2 of the Greenbelt Act, 2005; and (c) such other requirements as may be prescribed are satisfied. 2020, c. 36, Sched. 6, s. 17; 2022, c. 21, Sched. 2, s. 10 (1); 2024, c. 16, Sched. 12, s. 16 (1). Definition (2) In this section, “development project” means development activity as defined in subsection 28 (5) or any other act or activity that, without a permit issued under t…

28.2 A permit shall be valid for a period to be determined in accordance with the regulations. 2017, c. 23, Sched. 4, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 25 – 01/04/2024

28.3 (1) An authority may cancel a permit issued under section 28.1 or 28.1.1 if it is of the opinion that the conditions of the permit have not been met or that the circumstances that are prescribed by regulation exist. 2017, c. 23, Sched. 4, s. 25; 2020, c. 36, Sched. 6, s. 18 (1). Notice (2) Before cancelling a permit, an authority shall give a notice of intent to cancel to the permit holder indicating that the permit will be cancelled on a date specified in the notice unless the holder requests a hearing under subsection (3). 2017, c. 23, Sched. 4, s. 25. Request for hearing (3) Within 15 days of receiving a notice of intent to cancel a permit from the authority, the permit holder may submit a written request for a hearing to the authority. 2017, c. 23, Sched. 4, s. 25. Hearing (4) The authority shall set a date for the hearing and hold the hearing within a reasonable time after rece…

28.4 An authority may delegate any of its powers relating to the issuance or cancellation of permits under this Act or the regulations, or to the holding of hearings in relation to the permits, to the authority’s executive committee or to any other person or body, subject to any limitations or requirements that may be prescribed by regulation. 2017, c. 23, Sched. 4, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 25 – 01/04/2024

28.5 (1) The Lieutenant Governor in Council may make regulations with respect to activities that may impact the conservation, restoration, development or management of natural resources and that may be carried out in the areas of jurisdiction of authorities, including regulations, (a) identifying activities that have or may have an impact on the conservation, restoration, development or management of natural resources for the purposes of the regulation; (b) regulating those activities; (c) prohibiting those activities or requiring that a person obtain a permit from the relevant authority to engage in the activities in the authority’s area of jurisdiction. 2017, c. 23, Sched. 4, s. 26. Same (2) A regulation under clause (1) (c) that requires that a person obtain a permit from the relevant authority to engage in an activity described in subsection (1) may, (a) provide for applications to b…

29 (1) The Minister may make regulations with respect to land and other property owned by authorities including regulations, (a) regulating and governing the use by the public of the lands and the works, vehicles, boats, services and things of the authority; (b) providing for the protection and preservation from damage of the property of the authority; (c) prescribing fees for the occupation and use of lands and works, vehicles, boats, recreational facilities and services; (d) prescribing permits designating privileges in connection with use of the lands or any part thereof and prescribing fees for permits; (e) regulating and governing vehicular and pedestrian traffic and prohibiting the use of any class of vehicle or classes of vehicles; (f) prohibiting or regulating and governing the erection, posting up or other display of notices, signs, sign boards and other advertising devices; (g)…

30 Repealed: 2017, c. 23, Sched. 4, s. 28. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 105 - 25/07/2007 2017, c. 23, Sched. 4, s. 28 - 12/12/2017

Part VII Enforcement and Offences

30.1 An authority may appoint officers for the purposes of ensuring compliance with this Act and the regulations. 2017, c. 23, Sched. 4, s. 29. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 14 - 18/12/1998 2017, c. 23, Sched. 4, s. 29 – 01/04/2024

30.2 (1) An officer appointed by an authority under section 30.1 may enter any land situated in the authority’s area of jurisdiction, without a warrant and without the consent of the owner or occupier, if, (a) an application has been submitted under section 28.1 or 28.1.1 for a permit to engage in an activity with respect to the land; (b) the entry is for the purpose of determining whether to issue a permit; and (c) the officer has given reasonable notice of the entry to the owner or occupier of the property. 2020, c. 36, Sched. 6, s. 19 (1). Entry without warrant, compliance (1.1) An officer appointed by an authority under section 30.1 may enter any land situated in the authority’s area of jurisdiction, without a warrant and without the consent of the owner or occupier, if, (a) the entry is for the purpose of ensuring compliance with subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1), with…

30.3 (1) An officer may obtain a search warrant under Part VIII of the Provincial Offences Act in respect of an offence under this Act. 2017, c. 23, Sched. 4, s. 29. Assistance (2) The search warrant may authorize any person specified in the warrant to accompany and assist the officer in the execution of the warrant. 2017, c. 23, Sched. 4, s. 29. Search without warrant (3) If an officer has reasonable grounds to believe that there is something on land that will afford evidence of an offence under this Act but that the time required to obtain a warrant would lead to the loss, removal or destruction of the evidence, the officer may, without warrant, enter and search the land. 2017, c. 23, Sched. 4, s. 29. No entry to buildings (4) The power to enter land under subsection (3) does not authorize the entry into a dwelling or other building situated on the land. 2017, c. 23, Sched. 4, s. 29. S…

30.4 (1) An officer appointed under section 30.1 may make an order requiring a person to stop engaging in or not to engage in an activity if the officer has reasonable grounds to believe that, (a) the person has engaged in, is engaging in or is about to engage in the activity and, as a result, is contravening or will contravene, (i) subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1) or a regulation made under section 28.5, or (ii) the conditions of a permit issued under section 28.1, 28.1.1 or 28.1.2 or issued under a regulation made under clause 28.5 (1) (c); (b) the activity has caused, is causing or is likely to cause significant damage and, (i) the damage affects or is likely to affect the control of flooding, erosion, dynamic beaches or unstable soil or bedrock, or (ii) in the event of a natural hazard, the damage will or is likely to create conditions or circumstances that might jeopa…

30.5 (1) Every person is guilty of an offence if the person contravenes, (a) subsection 28 (1), 28.1.2 (19) or 28.1.2 (19.1); (b) a regulation respecting activities permitted under subsection 28 (3), (4) or (4.1) or a regulation made under section 28.5; (c) the conditions of a permit that was issued under section 28.1, 28.1.1 or 28.1.2 or under a regulation made under clause 28.5 (1) (c); or (d) a stop order issued under section 30.4. 2020, c. 36, Sched. 6, s. 21; 2022, c. 21, Sched. 2, s. 13. Penalty (2) A person who commits an offence under subsection (1) is liable on conviction, (a) in the case of an individual, (i) to a fine of not more than $50,000 or to a term of imprisonment of not more than three months, or to both, and (ii) to an additional fine of not more than $10,000 for each day or part of a day on which the offence occurs or continues; and (b) in the case of a corporation, …

30.6 A proceeding shall not be commenced with respect to an offence under subsection 30.5 (1), (4) or (5) more than two years after the day on which the offence first comes to the attention of an officer appointed under section 30.1. 2017, c. 23, Sched. 4, s. 29. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 29 – 01/04/2024

30.7 (1) In addition to any other remedy or penalty provided by law, the court, upon convicting a person of an offence under clause 30.5 (1) (a) or (b), may order the convicted person to, (a) remove, at the convicted person’s expense, any development within such reasonable time as the court orders; and (b) take such actions as the court directs, within the time the court may specify, to repair or rehabilitate the damage that results from or is in any way connected to the commission of the offence. 2017, c. 23, Sched. 4, s. 29. Non-compliance with order (2) If a person does not comply with an order made under subsection (1), the authority having jurisdiction may arrange for any removal, repair or rehabilitation that was required of a person under subsection (1) to be carried out. 2017, c. 23, Sched. 4, s. 29. Liability for certain costs (3) The person to whom an order is made under subsec…

Part VIII Matters relating to Land and Water use

31 Repealed: 2020, c. 36, Sched. 6, s. 22. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 6, s. 22 - 02/02/2021 Restrictions on projects

32 (1) Where any land required for the carrying out of a project or a part thereof is Crown land, a plan and description of the land prepared and signed by an Ontario land surveyor and signed by the chair or vice-chair of the authority shall be deposited with the Minister, and the project or the part thereof shall not be proceeded with until the authority has received the approval in writing of the Minister. R.S.O. 1990, c. C.27, s. 32 (1). Interference with public work (2) Where a project or a part thereof may interfere with a public work of Ontario, the authority shall file with the Minister of Infrastructure a plan and description of the project or a part thereof together with a statement of the interference with the public work that may occur and a statement of the manner in which the authority proposes to remedy the interference, and the project or the part thereof shall not be proc…

33 (1) Land vested in an authority, except works erected by an authority for the purposes of a project, is taxable for municipal purposes by levy under section 312 of the Municipal Act, 2001 or section 277 of the City of Toronto Act, 2006, as the case may be, upon the assessment and classification of such land determined in each year by the Municipal Property Assessment Corporation and the land shall be assessed under the Assessment Act as if the works erected by the authority on the land had not been erected. 1997, c. 5, s. 64 (1); 1997, c. 43, Sched. G, s. 19; 2001, c. 8, s. 203; 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 8. Assessment of rented property (2) Despite subsection (1), section 18 of the Assessment Act applies with necessary modifications in respect of lands vested in an authority. R.S.O. 1990, c. C.27, s. 33 (2). Notice (3) The Municipal Property Assessment Co…

34 (1) Where the carrying out of a project will require the use of a cemetery or other place of interment of human remains, the authority shall acquire other suitable lands for the interment of the bodies contained in the cemetery or other place of interment. R.S.O. 1990, c. C.27, s. 34 (1). Notice to plot owners (2) The authority shall forward a notice to the owner of each lot in the cemetery or other place of interment, but, if the owner or the owner’s whereabouts is unknown, the notice shall, wherever possible, be forwarded to some other person having an interest in the plot through relationship or otherwise to a deceased person buried therein. R.S.O. 1990, c. C.27, s. 34 (2). Publication of notice (3) The authority shall also cause a notice to be published once a week for at least three weeks in a newspaper having general circulation in the locality where the cemetery or other place …

35 (1) The authority has the right to use any water power created upon lands vested in it for its own uses. 1998, c. 15, Sched. E, s. 3 (5). (2) Repealed: 2006, c. 3, Sched. D, s. 1. Obligation to pay (3) Any person using water power created upon authority lands shall pay to the authority an annual reasonable compensation for the use of the water power. 1998, c. 15, Sched. E, s. 3 (5). Arbitration (3.1) Where the authority and a person described in subsection (3) are unable to agree on the amount of the annual compensation, the matter shall be arbitrated under the Arbitration Act, 1991. 1998, c. 15, Sched. E, s. 3 (5). Charge for power (4) Subject to review by the Minister of Natural Resources, an authority shall charge persons who at the time of the establishment of the authority are, or thereafter become, users of power derived by them from the use of the waters of the watershed for an…

PART VIII.1 THE AGENCY

35.1 A corporation to be known in English as Ontario Provincial Conservation Agency and in French as Agence ontarienne de protection de la nature is established as a corporation without share capital. 2025, c. 15, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 15, Sched. 3, s. 4 - 27/11/2025

35.2 The Agency is an agent of the Crown and may exercise its powers only as an agent of the Crown. 2025, c. 15, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 15, Sched. 3, s. 4 - 27/11/2025 Application of other Acts Not-for-Profit Corporations Act, 2010

35.3 (1) Except for section 41, subsection 43 (1) and section 46 of the Not-for-Profit Corporations Act, 2010, which apply to the Agency with necessary modifications, that Act does not apply to the Agency except as prescribed by regulation and subject to such modifications as may be prescribed by regulation. 2025, c. 15, Sched. 3, s. 4. Same, indemnity (2) The Agency shall not give an indemnity under section 46 of the Not-for-Profit Corporations Act, 2010 to any person unless the indemnity has been approved in accordance with section 28 of the Financial Administration Act. 2025, c. 15, Sched. 3, s. 4. Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 35.3 (2) of the Act is repealed. (See: 2026, c. 2, Sched. 5, s. 8) Corporations Information Act (3) The Corporations Information Act does not apply to the Agency, except as prescribed by regulation and sub…

35.4 The objects of the Agency are the following: 1. Oversee the governance of authorities and other aspects of authorities such as their operations, including the programs and services they provide, to further the purposes of the Act. 2. Oversee the transition to a regional watershed-based framework for authorities in Ontario. 3. Promote consistent policies, standards and fees for programs and services provided by authorities. 4. Assess and report on the effectiveness of authorities in furthering the conservation, restoration, development and management of natural resources in watersheds in Ontario, including outcomes related to the implementation of their programs and services. 5. Oversee and evaluate the financial performance of authorities to ensure their long-term operational and capital financial sustainability, including the financial sustainability of their programs and services …

35.5 (1) Except as limited by this Act and the regulations, the Agency has the capacity, rights and powers of a natural person for carrying out its objects. 2025, c. 15, Sched. 3, s. 4. Financial activities (2) The Agency shall not borrow money, invest funds or manage financial risks except in accordance with a by-law of the Agency that has been approved by the Minister of Finance. 2025, c. 15, Sched. 3, s. 4. Co-ordination of certain financial activities (3) Subject to subsection (4), the Ontario Financing Authority shall co-ordinate and arrange all borrowing, investing of funds and managing of financial risk of the Agency. 2025, c. 15, Sched. 3, s. 4. Direction of Minister of Finance (4) The Minister of Finance may, in writing, direct a person other than the Ontario Financing Authority to perform the functions referred to in subsection (3). 2025, c. 15, Sched. 3, s. 4. Same (5) A direc…

35.6 (1) Subject to the regulations, the Agency shall consist of at least five and not more than 12 members appointed by the Lieutenant Governor in Council who shall form the board of directors of the Agency. 2025, c. 15, Sched. 3, s. 4. Ineligibility (2) A person is not eligible to be appointed if the person is a member of Parliament or a member of the Assembly or satisfies such criteria as may be prescribed by regulation. 2025, c. 15, Sched. 3, s. 4. Considerations (3) The Lieutenant Governor in Council shall, in appointing a person as a member of the board of directors, take into consideration, (a) the person’s knowledge and experience in public administration, corporate governance and finance; (b) the person’s knowledge of programs and services provided by authorities; and (c) such other matters as may be prescribed by regulation. 2025, c. 15, Sched. 3, s. 4. Term (4) A member of the…

35.7 (1) The board of directors shall meet regularly throughout the year and in any event shall hold at least four meetings in each year. 2025, c. 15, Sched. 3, s. 4. Quorum (2) A majority of the board of directors constitutes a quorum for the conduct of the business of the board. 2025, c. 15, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 15, Sched. 3, s. 4 - 27/11/2025

35.8 (1) The Secretary of the Cabinet shall appoint the first chief executive officer to be employed by the Agency. 2025, c. 15, Sched. 3, s. 4. Same (2) The Agency shall appoint and employ a chief executive officer following the completion of the term of the first chief executive officer and shall appoint subsequent chief executive officers. 2025, c. 15, Sched. 3, s. 4. Role (3) The chief executive officer is responsible for the management and administration of the affairs of the Agency, subject to the supervision and direction of the board of directors. 2025, c. 15, Sched. 3, s. 4. Restriction (4) The chief executive officer shall not be a member of the board of directors. 2025, c. 15, Sched. 3, s. 4. Remuneration (5) The Agency shall pay such remuneration and benefits to the Chief Executive Officer as is determined by the board of directors. 2025, c. 15, Sched. 3, s. 4. Section Amendm…

35.9 The chief executive officer may, as the chief executive officer considers necessary for the proper conduct of the affairs of the Agency, appoint employees, arrange for facilities and equipment and obtain expert or technical services. 2025, c. 15, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 15, Sched. 3, s. 4 - 27/11/2025

35.10 (1) Subject to this Act, the board of directors shall manage or supervise the management of the activities and affairs of the Agency. 2025, c. 15, Sched. 3, s. 4. By-laws and resolutions (2) The board of directors may make by-laws and pass resolutions regulating its proceedings and generally for the conduct and management of the affairs of the Agency. 2025, c. 15, Sched. 3, s. 4. Officers (3) Without limiting the generality of subsection (2), the board of directors may make by-laws or pass resolutions to appoint officers and assign to them such powers and duties as the board considers appropriate. 2025, c. 15, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2025, c. 15, Sched. 3, s. 4 - 27/11/2025