O. Reg. 46/11: CONTENT OF CONSERVATION AUTHORITY REGULATIONS UNDER SUBSECTION 28 (1) OF THE ACT: DEVELOPMENT, INTERFERENCE WITH WETLANDS AND ALTERATIONS TO SHORELINES AND WATERCOURSES

 

ontario regulation 46/11

made under the

Conservation authorities Act

Made: March 2, 2011
Filed: March 4, 2011
Published on e-Laws: March 8, 2011
Printed in The Ontario Gazette: March 19, 2011

Amending O. Reg. 97/04

(Content of Conservation Authority Regulations under Subsection 28 (1) of the Act: Development, Interference with Wetlands and Alterations to Shorelines and Watercourses)

1. Section 7 of Ontario Regulation 97/04 is revoked and the following substituted:

Application for permission

7. A regulation shall specify the information that a person is required to provide to the authority in an application for a permission referred to in subsection 4 (1) or 6 (1).

Validity of permission

7.1 (1) A regulation shall specify that the maximum period of validity of a permission referred to in subsection 4 (1) or 6 (1), including any extensions, is,

(a) 24 months, in the case of a permission granted for projects other than projects referred to in clause (b); and

(b) 60 months, in the case of permissions granted for,

(i) projects that, in the opinion of the authority, cannot reasonably be completed within 24 months from the day the permission is granted, or

(ii) projects that require permits or approvals from other regulatory bodies that, in the opinion of the authority, cannot reasonably be obtained within 24 months from the day the permission is granted.

(2) A regulation shall specify that the authority may grant a permission for an initial period of validity that is less than the maximum period specified in subsection (1) and shall specify,

(a) the circumstances in which the authority may grant an extension of a permission granted for such an initial period; and

(b) the procedures for obtaining the extension.

Delegation of powers

7.2 If, as permitted under subsection 28 (2) of the Act, a regulation delegates any of the authority’s powers or duties under the regulation, subject to any limitations and requirements that may be set out in the regulation, the regulation shall not delegate the powers and duties to,

(a) a body other than the authority’s executive committee; or

(b) a person other than an employee of the authority.

2. The Regulation is amended by adding the following section:

Application of s. 28 (7) of Act

9. Subsection 28 (7) of the Act does not apply, in respect of the amendments made by Ontario Regulation 46/11, to a regulation that was made by an authority under subsection 28 (1) before the day Ontario Regulation 46/11 was filed, until the second anniversary of that day.

3. This Regulation comes into force on the day it is filed.