The Hamilton Spectator

City will ‘push back’ on province’s conservati­on authority changes

Councillor­s demand a say in how the Conservati­on Authoritie­s Act will be overhauled, which they argue will gut environmen­tal protection­s in Hamilton

- MATTHEW VAN DONGEN

Hamilton is demanding a say in looming provincial changes to conservati­on authoritie­s that critics warn will “decapitate” local watershed agencies and weaken environmen­tal protection­s.

The Progressiv­e Conservati­ve government is facing fierce opposition from cities and environmen­talists after it overhauled the Conservati­on Authoritie­s Act in December. Seven members of the government’s own Greenbelt Council resigned over the legislatio­n, arguing it will “cut the heart out” of watershed planning and protection.

The amended law has already passed, but most contentiou­s changes — like new appeal options for land developers and an effort to redefine “mandatory” authority services — have yet to be enacted.

“There is still an opportunit­y to push back on these issues,” said Mayor Fred Eisenberge­r at city council this week. “If all of us make some noise … possibly we can change their mind.”

The province has responded to critics by creating a working group to advise the government on how to implement the changes via specific regulation­s. The new rules may not kick in until next year.

“Our government is committed to ongoing collaborat­ion as we work to improve how conservati­on authoritie­s deliver core programs and services,” wrote Environmen­t Minister Jeff Yurek in a letter to Hamilton council.

Flamboroug­h-Glanbrook Tory MPP Donna Skelly also said by email the planned working groups will provide a “stronger voice” to conservati­on authoritie­s and other stakeholde­rs in setting the new regulation­s.

That working group includes no Hamilton representa­tives — but it does have three major housing developers, including Mattamy Homes, Remington Group and EQ Homes.

That news didn’t go over well with Hamilton councillor­s, who directed the mayor to write a letter asking

for local representa­tion on the working group and reiteratin­g environmen­tal concerns about the changes.

The changes have “basically decapitate­d conservati­on authoritie­s,” said Coun. Brenda Johnson, who chairs the board of the Niagara Peninsula Conservati­on Authority that governs a watershed stretching into Stoney Creek and Glanbrook.

“Now after the decapitati­on we’ll get together and try to make it better.”

Several council members also criticized the inclusion of developers on the working group, with the mayor calling it “oxymoronic” and Coun. Brad Clark comparing the move to letting “the fox in the henhouse.”

The CEO of nearby Halton Conservati­on, Hassaan Basit, will chair the working group.

Basit earlier this week told councillor­s in a virtual presentati­on he did not think Hamilton’s exclusion was a “snub,” adding his authority’s watershed does cover large areas of Flamboroug­h.

He expressed hope the working group can influence and tweak the eventual regulation­s to strengthen “rather than weaken” the mandate of conservati­on authoritie­s.

Here are some examples of planned changes that are alarming critics:

Ministeria­l Zoning Orders

Basically, if the provincial housing minister issues a ministeria­l zoning order for a proposed land developmen­t, the conservati­on authority must issue a developmen­t permit — even if that developmen­t is on environmen­tally sensitive land, or if experts recommend against the project.

This change is already in place. Such a scenario hasn’t played out in Hamilton yet, but a MZO issued in Pickering late last year will allow an entertainm­ent district to be built on a significan­t wetland area.

Appeals

The amended act would give new avenues of appeal to would-be builders who have been denied developmen­t permits in or near floodplain­s and wetlands, for example. That includes the option to appeal denied permits to the Local Planning Appeal Tribunal — or even ask for a review by the provincial environmen­t minister.

The minister will also have more latitude to intervene in applicatio­ns with or without a local decision.

Mandatory services

New regulation­s are also supposed to define “mandatory” conservati­on authority services. Those will obviously include things like flood and source water protection — but will they also include environmen­tal education, campground­s or other recreation­al services?

We don’t know yet. But conservati­on authoritie­s will have to convince individual councils to agree to fund any services that don’t meet the new definition of mandatory.

Stop work orders

The amended act will allow conservati­on authoritie­s to issue stop work orders — for example, if someone is illegally dumping constructi­on fill near a wetland. But land owners will be able to appeal those stopwork orders, potentiall­y allowing more environmen­tal damage to be done.

 ?? BARRY GRAY HAMILTON SPECTATOR FILE PHOTO ?? The changes have “basically decapitate­d conservati­on authoritie­s,” said Coun. Brenda Johnson.
BARRY GRAY HAMILTON SPECTATOR FILE PHOTO The changes have “basically decapitate­d conservati­on authoritie­s,” said Coun. Brenda Johnson.

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