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NOTICE: LEGISLATIVE AND REGULATORY CHANGES AFFECTING CONSERVATION AUTHORITY DEVELOPMENT PERMITTING (EFFECTIVE APRIL 1, 2024)

On February 16, 2024, a new Minister’s regulation (Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits) under subsection 28(1) of the Conservation Authorities Act was approved by the Province.

This regulation replaced the existing individual “Development, Interference with Wetlands and Alterations to Shorelines and Watercourses” regulation (Ontario Regulation 155/06) held by NPCA. Ontario Regulation 41/24 is now used by all conservation authorities.

The new regulation came into effect on April 1, 2024.

The NPCA still requires that a permit be obtained before undertaking development, interference and alteration activities in regulated areas as defined under the Conservation Authorities Act and in Ontario Regulation 41/24.

• Applications submitted prior to the enactment of Ontario Regulation 41/24 will follow the previous process in place up to March 31, 2024.
• New permit applications submitted on or after April 1, 2024 will follow the new processes outlined in Section 28.1 of the Conservation Authorities Act and Ontario Regulation 41/24. 

The NPCA continues to work on its transition plan, discussing details with municipal partners to minimize disruptions to approval processes for development and permit applications. Staff are available to help answer any questions you may have on these changes and how they may affect any proposed project.
 

PLANNING AND PERMITS

The NPCA is responsible for regulating development activities within areas described in Section 28 of the Conservation Authorities Act and Ontario Regulation 41/24, commonly referred to as Regulated Areas. These include:

• watercourses (including flood plains and meander belt)
• hazardous lands
• wetlands (and adjacent lands up to 30 metres)
• river or stream valleys
• 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

Construction, site alteration and development (collectively termed development activities) in these areas is regulated to control changes to watercourses, floodplains, wetlands and steep slopes, in order to prevent flooding and erosion problems. 

The term 'Development activities' is defined in Ontario Regulation 41/24 and include:

• the construction, reconstruction, erection or placing of a building or structure of any kind
• any change to a building or structure that would have the effect of altering the use or potential use of the building or structure, increasing the size of the building or structure or increasing the number of dwelling units in the building or structure
• site grading
• the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere;

In addition, any activity 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 is also regulated under Ontario Regulation 41/24.
 

APPLYING FOR A PERMIT

The Conservation Authorities Act requires that a permit be acquired before undertaking development activities within a Regulated Area.

Before applying for this permit, contact NPCA staff to confirm the information that will need to be included with the application. This process is referred to as Pre-Consultation. If you do not pre-consult with NPCA staff, your application may be deemed incomplete, resulting in delays to your project.
 

MAPPING OF REGULATED AREAS

The NPCA maintains mapping that shows the approximate limit of regulated areas and makes this information available to the public through its Watershed Explorer Mapping tool.

Although we strive to keep our mapping up to date, not all areas regulated by NPCA are depicted on the mapping. Where there is a discrepancy between NPCA’s mapping and the description of a regulated area in Ontario Regulation 41/24, the description in the Regulation prevails.
 

ARE YOU MAKING A FORMAL INQUIRY ABOUT A PROPERTY?

NPCA staff can assist you in determining if your property is within a Regulated Area and how NPCA’s Planning and Permitting Policies apply.

You can contact us by phone (905-788-3135) or email: planninginfo@npca.ca. 

If you require a formal written letter verifying NPCA Regulated areas for your property, please submit the Property Information Request Form (right column) along with the required fee to planninginfo@npca.ca.
 

FOR MUNICIPAL PROJECTS AND OTHER PUBLIC UTILITIES

For utility providers (e.g. phone, internet, gas, etc.) or municipal partners working on different infrastructure/capital projects and maintenance works within an NPCA Regulated area, please send inquiries or applications to infrastructurereview@npca.ca.