Lake Simcoe protection plan

© 2009, Queen’s Printer for Ontario

PIBS 6932e01

Approved by the Lieutenant Governor in Council, Order-in-Council No. 977/2009.

The Lake Simcoe Protection Plan was prepared and approved under the Lake Simcoe Protection Act, 2008, to take effect on June 2, 2009.

The maps shown in this report are for illustration purposes only and are not suitable for site-specific use or applications. Ministry of the Environment provides this information with the understanding that it is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. While every effort has been made to use data believed to be accurate; a degree of error is inherent in all maps. Map products are intended for reference purposes only, and the Ministry of the Environment will accept no liability for consequential and indirect damages arising from the use of these maps. These maps are distributed ‘as-is’ without warranties of any kind, either expressed or implied, including but not limited to warranties of suitability to a particular purpose or use.

Information provided by the Ministry of the Environment, Ministry of Natural Resources, Lake Simcoe Region Conservation Authority and © 2008 DMTI Spatial.

Vision

We believe …

• that the lake is life and the health of the lake determines the quality of life.

We see a Lake Simcoe watershed …

• where a healthy environment provides the foundation for healthy communities, healthy people and a healthy economy
• where the well-being of diverse life forms – fish, wildlife, plants and human beings are enhanced
• where we protect our natural environment for future generations
• where natural shorelines are maintained and where development is well planned and ecologically sound
• where citizens, governments, businesses and industries are stewards of the land, water and natural heritage
• where there is greater cooperation, leadership and responsibility among all parties to protect the Lake Simcoe watershed for present and future generations
• where our children can take their children to the beach and our grandchildren can take their grandchildren fishing and canoeing.

Chapter 1: Introduction

Ecological Health of Lake Simcoe and its Watershed

The Lake Simcoe watershed contains significant natural, urban and agricultural systems including parts of the Oak Ridges Moraine and the Greenbelt. It also holds provincially-significant wetlands, woodlands, and prime agricultural areas, including specialty crop areas such as the Holland Marsh.

Ontarians have made clear their support for a comprehensive plan to protect and restore the ecological health of Lake Simcoe and its water-shed. There are serious environmental problems that demand our attention and our collaboration to find solutions.

The Lake Simcoe watershed has experienced a wide range of interrelated pressures affecting the watershed – excessive nutrients, pollutants, invasive species, impacts of climate change, and increasing pressures from human activities.

The last four decades of research, monitoring, and scientific studies show how human-related activities, including urban and rural uses, recreation and agriculture, have impaired the health of the Lake Simcoe watershed ecosystem through direct and indirect changes. The threats include:

• degraded water quality due to excessive nutrients, such as phosphorus, contaminants, and pathogens, that directly or indirectly affect the health of the ecosystem and the suitability of the water for recreational uses;
• newly introduced species, such as zebra mussels that compromise the condition and equilibrium of the ecosystem and its resistance to other stresses;
• emerging threats, such as climate change, that also affect the condition, equilibrium, and resistance of the ecosystem;
• loss and fragmentation of sensitive natural areas and habitat, such as shorelines, wetlands, streamside areas, or forested lands, directly affecting the health of the watershed ecosystem;
• water quantity changes that alter ecosystem function, the quality and availability of aquatic habitats, as well as the amount of water available for human uses; and
• other human pressures, such as fishing and other resource uses, that may remove key resources from the ecosystem beyond its capacity to replenish itself.

Some of these challenges are not unique to this lake, but Lake Simcoe has particular characteristics that need a targeted plan to address its specific needs.

Stresses from Human Activities

Human activities have influenced the Lake Simcoe watershed ecosystem for more than 200 years and development has changed the natural landscape, the composition and quality of vegetative cover and interfered with natural ecological functions. Wetlands and natural areas have been lost, fragmented and/or degraded. The loss of natural areas has reduced greenspace and the biodiversity of the watershed and has had negative impacts on the quality and quantity of water and quality of life.

Stresses from Phosphorus

Phosphorus is a key water quality concern in Lake Simcoe. While some phosphorus is required to support a healthy aquatic ecosystem, too much of this nutrient leads to excessive growth of plants. When these plants decay, oxygen that is required by fish and other aquatic species is depleted. There is little evidence in the past several decades of natural recruitment of lake trout or lake whitefish attributed primarily to low dissolved oxygen levels in the hypolimnion of the lake. The continued existence of these fish species in the lake is almost entirely due to a hatchery stocking program. Although reductions in phosphorus have led to improved oxygen conditions in the lake, the improvements are not yet sufficient for the fish to fully sustain themselves naturally.

Invasive Species

Invasive species are one of the greatest threats to Ontario’s waters, wetlands and woodlands. A variety of aquatic invasive species have been found in the Lake Simcoe watershed, several of which include the zebra mussel, round goby, spiny water flea, purple loosestrife and Eurasian watermilfoil. Many of the aquatic species found in Lake Simcoe have spread from the Great Lakes through activities such as boating, angling, and other pathways.

Terrestrial invasive species including giant hogweed, garlic mustard and others are introduced through ornamental gardening, or through the import of seeds in soil, or the treads of boots and tires.

Climate Change

In the winter of 2001-2002, Lake Simcoe did not completely freeze over. While not every winter will be mild, scientists say that we can expect more dramatic swings in weather patterns due to climate change.

Ontario is working on a comprehensive set of programs to reduce the province’s greenhouse gas emissions that contribute to climate change. But the effects of climate change are already being observed, requiring adaptive measures to minimize impacts.

General Authority

As part of the government’s overall strategy to protect and restore the ecological health of the Lake Simcoe watershed, the Lake Simcoe Protection Act, 2008 (Act) was passed by the Legislature and received Royal Assent in December 2008. This Act provides the authority for the establishment of and amendments to a Lake Simcoe Protection Plan.

This Plan generally applies to the Lake Simcoe watershed, which is defined in the Act as Lake Simcoe and the parts of Ontario, the water of which drains into Lake Simcoe. The General Regulation made under the Act provides a description of the boundaries of the watershed. The Act also allows policies in relation to research and monitoring to apply to areas outside of the watershed for the purpose of determining whether activities in those areas directly affect or indirectly affect the ecological health of the Lake Simcoe watershed. Future amendments to the Plan could apply certain policies of the Plan to areas outside of the watershed. Such amendments must be made in accordance with the requirements of the Act.

Objectives of the Plan

The objectives of the Plan as set out in the Lake Simcoe Protection Act, 2008 are to:

• protect, improve or restore the elements that contribute to the ecological health of the Lake Simcoe watershed, including, water quality, hydrology, key natural heritage features and their functions, and key hydrologic features and their functions;
• restore a self-sustaining coldwater fish community in Lake Simcoe;
• reduce loadings of phosphorus and other nutrients of concern to Lake Simcoe and its tributaries;
• reduce the discharge of pollutants to Lake Simcoe and its tributaries;
• respond to adverse effects related to invasive species and, where possible, to prevent invasive species from entering the Lake Simcoe watershed;
• improve the Lake Simcoe watershed’s capacity to adapt to climate change;
• provide for ongoing scientific research and monitoring related to the ecological health of the Lake Simcoe watershed;
• improve conditions for environmentally sustainable recreation activities related to Lake Simcoe and to promote those activities;
• promote environmentally sustainable land and water uses, activities and development practices;
• build on the protections for the Lake Simcoe watershed that are provided by provincial plans that apply in all or part of the Lake Simcoe watershed, including the Oak Ridges Moraine Conservation Plan and the Greenbelt Plan, and provincial legislation, including the Clean Water Act, 2006, the Conservation Authorities Act, the Ontario Water Resources Act, and the Planning Act; and
• pursue any other objectives set out in the Lake Simcoe Protection Plan.

Principles to Guide Our Efforts

The following principles will guide efforts – both individual and collective – to protect and restore the ecological health of the Lake Simcoe watershed.

Ecosystem approach

An ecosystem approach will be used, one that treats Lake Simcoe and its watershed as an interconnected system. Individual components of the system, including humans and our activities, affect and are affected by other parts of the system. The ecosystem approach uses best available science, considers cumulative impacts, and promotes watershed and subwatershed approaches. It recognizes that a healthy environment provides the foundation for healthy communities and a healthy economy.

Subwatershed approach

A multi-scale watershed approach will be used, where some policies and management actions may apply across an entire watershed, whereas others may be specific to the needs and priorities of a particular subwatershed. This approach can further focus effort in selected parts of a subwatershed and provide more detailed guidance for specific water resource issues such as the development of certain targets and actions at the subwatershed level.

Precautionary approach

Caution will be exercised to protect the environment when there is uncertainty about environmental risks.

Adaptive management approach

Continuously improve and adapt our approaches, policies and management by incorporating new knowledge and innovative design, practices and technology from ongoing science and monitoring. This will allow the Plan to evolve and improve over time based on new science and implementation experience.

Sustainable development approach

Economies and communities in the Lake Simcoe watershed will need to continue to grow, but must do so in conformity with provincial plans including this Plan, the Growth Plan for the Greater Golden Horseshoe, the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan, as well as in keeping with the Provincial Policy Statement, so that growth is managed in a manner that sustains a healthy ecosystem, healthy communities and healthy economies.

Shared responsibility

Effective implementation of the Lake Simcoe Protection Plan will require collaboration amongst the Province, the First Nations and Métis communities, municipalities, the Lake Simcoe Region Conservation Authority, agricultural, commercial, and industrial sectors and small businesses, environmental groups, and the general public.

Cost-effectiveness

The Plan must be implemented in a cost-effective manner which delivers the maximum benefit to the watershed, while recognizing the fiscal realities of those who may share in the task of implementation.

Priorities of the Plan

While this Plan speaks in detail about the initial actions to be taken, it recognizes that protecting and restoring the ecological health of the Lake Simcoe watershed will be a long-term undertaking; initial strategies will evolve over time based on science and experience in implementing the plan.

In the near-term the Plan would focus on the issues most critical to the health of Lake Simcoe including:

• restoring the health of aquatic life within the Lake Simcoe watershed (see Chapter 3);
• improving water quality, including reducing loadings of phosphorus to the lake (see Chapter 4);
• maintaining water quantity (see Chapter 5);
• improving the health of the ecosystem by protecting and rehabilitating important areas, such as shorelines and natural heritage (see Chapter 6); and
• addressing impacts of invasive species, climate change, and recreational activities(see Chapter 7).

A subwatershed approach (see Chapter 8) will help determine priorities to focus on in different areas of the Lake Simcoe watershed, depending on environmental conditions and specific management considerations. This subwatershed approach will be critical to prioritizing initial actions and moving forward with an action plan into the future.

As the understanding of issues, such as conditions of subwatersheds, climate change, and impacts of atmospheric deposition, improves through research and monitoring, we will be better prepared to deal with future impacts. Ongoing monitoring and research will also help us detect changes in watershed conditions over time and measure the effectiveness of our management efforts.

How to Read this Plan

The Plan consists of targets, indicators and policies organized into chapters that address the following policy themes: aquatic life, water quality, water quantity, shorelines and natural heritage, other threats and activities (including invasive species, climate change and recreational activities), and implementation. Each Chapter provides background, context and explains the intent of the policies. Abbreviated terms are defined in the List of Acronyms. Terms in italics are defined in the Glossary.

This Plan should be read in conjunction with relevant provincial policies, plans and Acts, including the Provincial Policy Statement, 2005, the Greenbelt Plan, the Growth Plan for the Greater Golden Horseshoe, the Oak Ridges Moraine Conservation Plan, the Clean Water Act, 2006, the Ontario Water Resources Act, the Conservation Authorities Act, the Environmental Protection Act, the Public Lands Act, and the Planning Act. This Plan, in conjunction with the other plans and Acts mentioned above, express the Province’s interest and direction with regard to protecting the ecological health and environmental sustainability of the Lake Simcoe watershed. As provided for in the Lake Simcoe Protection Act, 2008 subject to any policies in this Plan describing how to resolve conflicts between provincial policies or plans, if a conflict arises between a designated policy in this Plan and a provincial policy of another provincial plan the provision that gives the greatest protection to the ecological health of the Lake Simcoe watershed prevails.

Greenbelt Plan

The Greenbelt protects 1.8 million acres of environmentally sensitive and agricultural lands in the Greater Golden Horseshoe from urban development and sprawl.

The Greenbelt Plan encompasses the existing Niagara Escarpment Plan and Oak Ridges Moraine Conservation Plan as well as the new Protected Countryside. The Plan covers approximately 58% of the land area of the Lake Simcoe watershed.

The Greenbelt Plan works in conjunction with the Growth Plan for the Greater Golden Horseshoe, with the Growth Plan directing where future growth will occur.

Growth Plan for the Greater Golden Horseshoe

The Growth Plan for the Greater Golden Horseshoe provides a 25-year vision and strategic direction for managing growth in the Greater Golden Horseshoe.

The Growth Plan encourages the development of more compact and complete communities. This type of development will make more efficient use of infrastructure and protect important natural spaces and agricultural lands from urban sprawl.

Municipalities are required to bring their official plans into conformity with the Growth Plan by June 2009. The Lake Simcoe Protection Plan will work in concert with and allow for completion of the Growth Plan conformity process.

Clean Water Act, 2006

The Clean Water Act, 2006 protects drinking water at the source, as part of an overall commitment to safeguard human health and the environment through a multi-barrier approach. The legislation sets prevention as its fundamental principle. A key focus of the legislation is the preparation of locally-developed terms of reference, science-based assessment reports and source protection plans. The intent is for communities to use a science-based approach to protect both the quality and quantity of drinking water supplies.

Legal Effect of the Plan Under Lake Simcoe Protection Act, 2008

The policies in the Plan are grouped into four categories; the Act gives legal effect to the first three of these. The first category of policies is the “designated policies” in the Plan and they are coded as DP. The second category of policies is the “have regard to” policies; they are coded as HR. These first two categories of policies affect how decisions are made under specific statutes. The third category of policies relates to monitoring by public bodies; in the Plan they are coded as M. The fourth category of policies is not given legal effect by the Act. These policies set out strategic actions that public bodies should take in order to meet the Plan’s objectives; in the Plan these policies are coded as SA.

Designated policies and have regard to policies (Coded as “DP” and “HR”, respectively)

The Act requires that decisions under the Planning Act or the Condominium Act, 1998 or decisions related to a “prescribed instrument” conform with the applicable designated policies in the Plan and have regard to the other applicable policies. Comments, submissions and advice of a public body must also conform with the applicable designated policies and have regard to the other policies that apply to such decisions. At the end of this Plan is a Schedule which sets out the “designated policies” and the “have regard to” policies in the Plan and the type of decision to which each policy applies.

1. Designated Policies and Have Regard To Policies Affecting Decisions under the Planning Act and Condominium Act, 1998

   The Act requires decisions under the Planning Act or the Condominium Act, 1998, to conform to the applicable designated policies in the Plan and have regard to other applicable policies. Comments, submissions and advice given by a public body in relation to such decisions must also conform to the applicable designated policies and have regard to any other applicable policies. The Act also requires that municipalities bring their official plans into conformity with the applicable “designated policies” at their five-year official plan review.

2. Designated Policies and Have Regard to Policies Affecting Decisions in Relation to Prescribed Instruments

   The General Regulation under the Act lists the following instruments as “prescribed instruments”:

   • A permission that is granted under the Conservation Authorities Act:
     • for development in or on the areas described in subsection 2 (1) of Ontario Regulation 179/06 (Lake Simcoe Region Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) made under that Act.
     • to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or to change or interfere with a wetland.
   • A permit to take water that is issued under the Ontario Water Resources Act.
   • An approval to establish, alter, extend or replace new or existing sewage works that is granted under the Ontario Water Resources Act.
   • A work permit that is issued under the Public Lands Act.
   • A licence within the meaning of subsection 1 (1) of the Fish and Wildlife Conservation Act, 1997 that is issued under that Act.
   • An approval issued under the Lakes and Rivers Improvement Act for the location of a dam and its plans and specifications.

The Act requires that all decisions to create or amend a prescribed instrument conform with the applicable designated policies in the Plan, and have regard to other applicable policies. The Act also allows the Plan to require that a prescribed instrument be amended by a specified date to conform with the applicable designated policies in the Plan. Comments, submissions and advice given by a public body in relation to such decisions must also conform to the applicable designated policies and have regard to any other applicable policies. While policies that apply to prescribed instrument decisions affect how such decisions are made, the Act makes clear that such policies cannot alter the scope of the authority to issue, create or amend the instrument that is provided under the instrument’s enabling statute.

Even though permits to take water under the Ontario Water Resources Act and licences under the Fish and Wildlife Conservation Act are specified as prescribed instruments, in this version of the Plan there are no policies applicable to them. Therefore at this time the Plan does not affect decisions related to these instruments, but may do so in the future once certain strategic actions specified in the Plan are completed.

Policies Governing Monitoring By Public Bodies (Coded as "M")

If a public body is identified in the Plan as being responsible for the implementation of a policy governing monitoring, the Act requires the public body to comply with any obligations imposed on it by the monitoring policy. For this reason, monitoring policies are placed in a separate category from the other policies that commit public bodies to specified actions.

Policies in Relation to Strategic Actions (Coded as “SA”)

As envisioned by the Act, this Plan includes many other types of policies that are equally essential to achieving the Plan’s objectives but are not given legal effect by the Act, such as policies respecting stewardship programs, pilot programs, research, outreach and education, and, in several instances, policies that specify actions for public bodies. These policies are not designated policies. Under the Act, these policies are not legally enforceable, nor do they create legal duties. Rather, accountability for these policies is achieved through methods other than courts or tribunals, such as through the periodic progress reports on the Plan that are mandated under the Act. Chapter 8 contains more information on oversight in relation to the implementation of the policies in the Plan, including the SA policies.

Most of the SA policies have timeframes indicating when these actions are anticipated to be completed. Where an SA policy is silent on a timeframe, this may be an indication that the action specified is an ongoing action. It also may be an indication that a timeframe for completion is not predictable because the action is dependant on other actions or requires further analyses or discussions amongst the specified persons or bodies to develop an implementation strategy for the policy. Significant progress is anticipated on these actions within the period preceding Plan review, and this progress will be reported through the progress reports required under the Act. Further, some SA policies use the term in “collaboration” while others use the term in “partnership”. Partnership is used to convey a more structured relationship amongst the persons and bodies responsible for a policy; collaboration is used to convey a less structured relationship. For example, a more structured relationship may include a memorandum of understanding or a formal cost-sharing arrangement amongst the persons or bodies responsible for a SA policy.

In chapter 8 of the Plan, there are also policies governing the types of Plan amendments that the Minister is authorized to approve, pursuant to paragraph 10 of subsection 5 (2) of the Act. Where the Minister is not authorized to approve a Plan amendment, the Act requires that it be approved by the Lieutenant Governor in Council.

No matter is being specified in the Plan for the purpose of paragraph 5 of subsection 5 (2) of the Act. Therefore, there is nothing in this Plan that limits the ability of decision makers on planning applications to adopt policies more restrictive than the provisions in the Plan unless doing so would conflict with any of the policies or objectives of the Plan. Decision-makers who are considering applications in relation to prescribed instruments may also adopt policies more restrictive or protective than the provisions in the Plan.

Effective Date of the Plan

The effective date of the Lake Simcoe Protection Plan is June 2, 2009. As of this date the policies in this Plan have legal affect as provided by the Lake Simcoe Protection Act, 2008, subject to the transition rules described below.

Transition

Section 27 of the Lake Simcoe Protection Act, 2008 provides authority for a regulation addressing transitional matters. The General Regulation under the Act provides transition rules both in relation to applications, matters or proceedings that were commenced prior to the Plan coming into effect but were not disposed of as of the effective date of the Plan, and in relation to specific applications, matters or proceedings commenced after the effective date of the Plan. This regulation can be viewed at the Canadian e-laws website.

Watershed Boundary

The policies of this Plan currently apply solely within the Lake Simcoe watershed. Authority is provided in the Lake Simcoe Protection Act, 2008 , to prescribe areas outside of the watershed boundary for the purpose of applying future policies to those areas. There are currently no areas prescribed as outside areas.

The Lake Simcoe watershed is defined in section 2 of the Act as Lake Simcoe and the part of Ontario, the water of which drains into Lake Simcoe or, if the boundaries are described more specifically in the regulations, the area within those boundaries. The General Regulation under the Act describes the area of the watershed and includes a reference to an electronic watershed boundary in the Land Information Ontario (LIO) warehouse, called “Lake Simcoe Protection Act Watershed Boundary”. This watershed boundary may be accessed through the internet at both LIO webpage and the MOE's Lake Simcoe webpage.

The watershed boundary referenced by the General Regulation may be amended from time to time. The LIO warehouse will contain the current version of the boundary, as well as previous versions of the boundary after it has been amended.

1.1-DP: In relation to any matter affected by a policy in this Plan, the boundary of the Lake Simcoe watershed that applies to the matter is the boundary that was in effect at the time the matter is commenced. Whether a matter is considered commenced shall be determined in accordance with the rules specified in the General Regulation under the Lake Simcoe Protection Act, 2008.

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