Environment Ministry settles NPCA debate
It turns out the 24-year-old, never-before-used regulation isn’t the law after all.
In a letter to Niagara political leaders, the Ministry of Environment, Conservation and Parks said Niagara municipalities alone have the power to appoint and replace members of the Niagara Peninsula Conservation Authority board.
“Under the Conservation Authorities Act participating municipalities are responsible for the appointment of members to a conservation authority,” wrote assistant deputy minister Bruce Bateman.
“Recent amendments to the act in 2017 include provisions that give participating municipalities clear authority to appoint and replace the members of an authority.”
Bateman’s letter also said a 1994 provincial directive about the selection of NPCA board members — out-going authority chair Sandy Annunziata said it was the law of the land — was rendered invalid in 1998.
Bateman said the order in council, which if used would have seen Annunziata preside over a series of board selection meetings, did not have to be actively revoked because those types of directives automatically end when the legislation they are attached to is amended.
In this case, Section 8 of the Conservation Authorities Act, which guides the selection of board members, was amended in 1998. The act was further amended in 2017.
The letter, addressed to Niagara Region CAO Carmen D’Angelo, is the result of multiple requests for information about the process of selecting the next NPCA board.
Those requests followed a letter sent Nov. 23 by Annunziata to the Region claiming the old order had to be followed.
That order, a gerrymandering effort to ensure Niagara kept control of NPCA, said three groups of Niagara municipalities had to vote on potential board members in selection meetings led by the NPCA chair.
Citing the opinion of NPCA lawyer Paul DeMelo, Annunziata said he and the current board would remain in place until a new board was selected using the 1994 process.
Annunzita and most Niagara members of the NPCA board were defeated in the Oct. 22 municipal election.
The NPCA did not respond to interview requests for this story.
In an interview on CKTB 610 AM last week, Annunziata claimed that “a lot of people trying to pull the wool over people’s eyes” about the NPCA board selection. He did not answer a question about who was doing that and why but said the order in council is “the law.”
The Standard reported on the ruling Sunday after Welland NDP MPP Jeff Burch issued a news release saying the MNRF has said the 1994 directive was invalid.
On Tuesday, Burch said his request was sent to the MNRF, which passed it onto the MECP, which issued the ruling. He said the wrong ministry was identified in his release.
“Hopefully, this puts an end to his issue. Niagara municipalities choose the NPCA board members,” said Burch.
“Sandy Annunziata is no longer a member of regional council, he is no longer an NPCA board member or its chair.”
Since Annunziata’s missive, a researcher at the legislative library and Brock University political science professor David Siegel said the 1994 directive is invalid.
NPCA board members are selected by Niagara’s regional council either from among regional councillors or by approving a person chosen by a local municipal council. St. Catharines, Welland and Niagara Falls have all put out calls for citizen appointees. Fort Erie has chosen its citizen.
Niagara has 12 members on the board, while Hamilton appoints two and Haldimand selects one.
The new regional council is sworn in this morning and has a meeting scheduled on Dec. 13 to select members of boards and committees. Multiple sources have told The Standard a special meeting may be called Friday specifically to appoint a new NPCA board.
Annunziata did not respond to an interview request for this story.