Monday January 17, 2023 – Bill 23, More Homes Built Faster Act has received Royal Assent from the Province and the associated Regulations were issued on December 28, 2022.
The passing of this Bill modifies the way in which the Lake Simcoe Region Conservation Authority provide comments to our municipal partners for development and other applications under the Planning Act.
Reviews under the Lake Simcoe Protection Plan remain a mandatory service. The Lake Simcoe Region Conservation Authority will continue to make certain that all planning and development applications provided to us are reviewed to ensure conformity to this Plan. We will also continue to meet our provincially delegated responsibility regarding natural hazards, under the Provincial Policy Statement (PPS, 2020).
The Lake Simcoe Region Conservation Authority is working with our municipal partners to ensure minimal disruptions in service delivery and will be updating our Memorandums of Understanding to reflect these changes.
There are no changes to the current permitting process for lands regulated under Ontario Regulation 179/06.
Transition Plan
Any application in which the Conservation Authority received first submission and provided written comments on prior to January 1, 2023, will continue to be reviewed in the context of the Conservation Authority’s current Memorandums of Understanding. As of April 28, 2023, the Natural Heritage Reviews in the affected areas for these transition files will fully revert to the approval authority.
Any application received after January 1, 2023, or any application that did not get reviewed by the Conservation Authority prior to January 1, 2023, will be reviewed in the context of the current legislation.
Frequently Asked Questions
Question: Is the Lake Simcoe Region Conservation Authority continuing to review municipal development applications?
Answer: Yes. We will continue reviewing development applications in the context of our mandatory programs and services, including, the Lake Simcoe Protection Plan and Provincial Policy Statement Section 3.0 relating to natural hazards and source water protection.
Need clarification on the different plan review roles? View the Areas of Review Chart.
Question: If my property is regulated do I still need a permit from the Conservation Authority for development?
Answer: Yes, permits are still required from the Conservation Authority prior to development occurring within a regulated area.
Question: Is the Lake Simcoe Region Conservation Authority continuing with the review of the Ministry of the Environment, Conservation and Parks Environmental Compliance Approval applications under the Transfer of Review Program?
Amswer: No, the Transfer of Review program has been cancelled by Bill 23.
Question: I have an existing application being reviewed by the Lake Simcoe Region Conservation Authority, what will happen to my application?
Answer: Existing applications are subject to the transition plan. Any application in which the Conservation Authority received 1st submission and provided written comments prior to January 1, 2023, will continue to be reviewed in the context of the Conservation Authority’s current Memorandums of Understanding. As of April 28, 2023, the Natural Heritage Reviews in the affected areas for these transition files will fully revert to the approval authority.
Any application received after January 1, 2023, or any application that did not get reviewed by the Conservation Authority prior to January 1, 2023, will be reviewed in the context of the current legislation.
Question: Will Phosphorus offsetting, ecological offsetting and water balance recharge policies continue to be applicable?
Answer: The applicability of these policies will be reviewed on a site-specific basis depending on the context of the application. The Conservation Authority will consult with Municipalities and the applicant where offsetting may be required. Where offsetting is currently a condition of approval, the offsetting will be required to be provided in order to obtain a clearance letter for draft plan conditions.
Question: Is the Conservation Authority continuing to review Natural Heritage studies on behalf of Municipalities or the Region?
Answer: The Conservation Authority will retain natural heritage review in areas outside of the Oak Ridges Moraine and Greenbelt plans and settlement areas. This includes the review in those settlement areas that have been approved after the effective date of the Lake Simcoe Protection Plan – June 2, 2009. The Conservation Authority will also retain natural heritage review for applications within 120m of the Lake Simcoe Shoreline to ensure conformity with the Lake Simcoe Protection Plan.
The above map of the Lake Simcoe watershed shows what organization is responsible for leading Natural Heritage reviews. The Conservation Authority will lead the Natural Heritage reviews in the green highlighted sections and municipalities will lead Natural Heritage reviews in the purple highlighted sections.
Question: Will the Conservation Authority continue to assist with staking for natural heritage features?
Answer: Yes, the Conservation Authority can assist in staking exercises for natural hazards such as wetlands and valleylands
Question: Is the Conservation Authority continuing to review Functional Servicing/Stormwater Management Reports?
Answer: The Conservation Authority will continue to review stormwater management plans for flooding and erosion hazards and conformity with the Stormwater Management policies of the Lake Simcoe Protection Plan. This includes quality, quantity, and water balance.
Question: Is the Conservation Authority continuing to review for Source Water Protection?
Answer: The Conservation Authority will continue to provide advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Source water protection is a mandatory program under Ontario Regulation 686/21
Question: Will the Conservation Authority be revising its fee schedule?
Answer: Bill 23 put a freeze on conservation authority fees. The current 2023 fee schedule remains applicable.
Question: Will the Conservation Authority be providing refunds for applications?
Answer: The Conservation Authority continues to have a review role in planning applications and as such, requires the retention and payment of fees for these services.
Customer Service:
Phone: 905-895-1281
Toll Free: 1-800-465-0437
Email: ✉ info@LSRCA.on.ca
Resources:
- Permits and Regulations
- View the Areas of Review Chart to get clarification on the different plan review roles.