Overview

The Conservation Authorities Act and regulations require you to get a permit for development and some other activities in areas like:

  • floodplains
  • shorelines
  • wetlands
  • watercourses

This is meant to help keep people and property safe from natural hazards like flooding and erosion, and is in addition to any local planning approvals.

Getting a permit

To develop or carry out other activities in regulated natural hazard areas, you need to apply for a permit from your local conservation authority.

Conservation authorities make permit decisions based on the rules and standards in:

  • provincial legislation
  • regulatory requirements
  • technical standards
  • conservation authority-approved policies

Application process

Submit your application to your local conservation authority.

You can ask for a meeting with the conservation authority ahead of time to understand what information you need for your application. This might include natural hazard technical studies that need to be completed by a professional.

The conservation authority will check and confirm if your application is complete within 21 days.

If you have made a complete application and don’t get a decision on your permit within 90 days, you can appeal to the Ontario Land Tribunal

There is a fee for the permit which you can find on each conservation authority’s website. If you think the conservation authority has charged you an inappropriate fee or a fee that is too high, you can ask for it to be reviewed.

To apply for a permit, contact your local conservation authority.

Special cases

If the Minister of Municipal Affairs and Housing issues a zoning order for the area where you are developing, the conservation authority must give you a permit for development and other activities allowed by the order.

The conservation authority may still add conditions to make sure the project doesn't cause problems like flooding or erosion. You are required to enter into an agreement with the conservation authority that addresses any ecological impacts or other impacts that come from the proposed development. For example, an agreement may require that any trees or wetlands that were removed in the regulated hazardous area be replaced in a different location.

Appealing a decision

You can appeal to the Ontario Land Tribunal within 90 days of getting the decision if the conservation authority:

  • denies your permit
  • adds conditions you don't agree with

You can also appeal to the Ontario Land Tribunal if you haven't received a decision on your permit within 90 days.

Minister’s powers to review or make permit decisions

There are 2 ways that the minister can get involved in Conservation Authorities Act permit decisions. These are set out in Ontario Regulation 474/24:

  • The minister can review a conservation authority permit decision if the applicant makes a request. This is called a minister’s review.
  • The minister can decide to not to let the conservation authority issue a permit and make the decision themselves. This is called a minister’s permit.

In both cases, the minister can only carry out a minister’s review or a minister’s permit for projects that support the following provincial interests:

  • housing
  • community services like schools, healthcare or recreation
  • infrastructure like roads, waste management or energy systems
  • jobs through businesses like factories, farms or stores
  • any other matter that, in the opinion of the minister, is a provincial interest

Minister’s reviews

The minister can only review a permit if the applicant makes a request.

For the minister to consider the request, the project must either:

  • support one of the provincial interests listed on this page
  • take place where under a zoning order that was made by the Minister of Municipal Affairs and Housing

Requesting a minister’s review

You can ask the minister to review a conservation authority’s permit decision within 15 days of getting the decision.

The request must include:

  • your name and contact information
  • the contact information for your agent or representative (if you have one)
  • a copy of the full application made to the conservation authority
  • a copy of the conservation authority’s decision
  • reasons why the review is needed — meaning, which specific conditions you think should be changed or why the minister should make a different decision on the permit
  • information about the proposed development, including how it relates to a listed provincial interest
  • information about any other approvals or permits that are needed for the proposed development

For more information see section 3 of Ontario Regulation 474/24 or email us at ca.office@ontario.ca.

Minister’s decision to undertake a review

The minister will decide within 30 days if they will review the permit or not. If the minister doesn’t reply in 30 days, it means the minister won’t review the permit.

If the minister doesn’t review the permit, you can still appeal to the Ontario Land Tribunal within the first 90 days of getting your decision from the conservation authority.

If the minister decides to review your permit, the applicant will be notified and the ministry will post an information notice on the Environmental Registry of Ontario.

Technical assessment

As part of the review process, the minister will do a technical assessment based on the criteria set out in the Conservation Authorities Act. The assessment will include:

  • reviewing relevant provincial standards and policies
  • checking if the project affects flooding, erosion or safety of people and property

The minister will work with technical experts and may consult with the conservation authority and others if needed.

Final decision

The minister can confirm, change or make a new decision about the permit. The applicant and the conservation authority will be notified about the decision.

The minister’s decision cannot be appealed to the Ontario Land Tribunal.

If the minister has chosen to undertake a review but does not make a final decision within 90 days, the applicant can, in the next 30 days, choose to appeal the conservation authority’s permit decision to the Ontario Land Tribunal instead.

Minister’s permits

The minister can issue an order to direct a conservation authority not to issue a permit. Once the minister issues the order, they can make the permit decision instead of the conservation authority.

You may request the minister issue an order to take over a permit decision. For the minister to consider the request, the project must:

  • support the provincial interests listed on this page
  • be supported by the local municipality

A minister’s order generally cannot be issued if the project is taking place where a zoning order was made by the Minister of Municipal Affairs and Housing. In these cases, the conservation authority must give a permit for development and other activities allowed by the zoning order.

Requesting a minister’s order

If you want to request a minister’s order, email ca.office@ontario.ca for information on the process.

Minister’s decision whether to issue an order

The minister decides whether to issue an order. There is no set time for this decision.

If the minister issues an order, they will notify:

  • the conservation authority
  • anyone who applied for a permit before the order

Notice of the order will also be posted on the Environmental Registry of Ontario within 30 days.

Permit application process

If you already applied to the conservation authority for a permit, the conservation authority will send all documents to the minister. No extra payment is needed, but you might need to provide more information.

If you haven’t applied yet, submit your application and fee to the minister. Include all required information:

  • your name and contact information
  • the name and contact information your agent or representative (if you have one)
  • a plan of the area showing either:
    • the type and location of the proposed development activity
    • a plan of the area showing plan view and cross-section details of an activity to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse, or change or interfere with a wetland
  • the proposed use of any buildings and structures following completion of the development activity or a statement of the purpose of an activity 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
  • the start and end dates of your project
  • a description of the methods to be used in carrying out an activity to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse, or change or interfere with a wetland
  • the elevations of existing buildings, if any, and grades and the proposed elevations of any buildings and grades after the development activity or other activity
  • drainage details before and after your project
  • a full description of any type of fill you plan to have placed or dumped
  • proof that you have permission to do the project on the land, if you are not the owner of the property
  • any other technical information, studies or plans that the minister asks for to check impact on natural hazards and safety

Once the minister receives the permit application and fee, the minister will check and confirm if your application is complete within 21 days.

Technical assessment

Once you submit a complete permit application, the minister will do a technical assessment based on the standards set out in the Conservation Authorities Act. The assessment will include:

  • reviewing relevant provincial standards and policies
  • checking if the project affects flooding, erosion or safety of people and property

The minister will work with technical experts and may consult with the conservation authority and others if needed.

Final decision

After reviewing the application, the minister can either:

  • deny the permit
  • approve it, with or without conditions

The minister will inform the applicant and the conservation authority of the decision. The decision cannot be appealed to the Ontario Land Tribunal.

If the minister does not make a decision within 90 days after receiving a complete application for a minister’s permit, the applicant can appeal to the Ontario Land Tribunal.

Aboriginal and treaty rights

Minister’s permits and reviews are considered decisions of the Crown. They must be applied in a way that is consistent with the recognition and affirmation of existing Aboriginal and treaty rights in section 35 of the Constitution Act, 1982.

Other approvals

Getting a permit from a conservation authority or the minister does not mean you can start building right away. You may still need other approvals, such as:

  • plan of subdivision approval
  • environmental approvals
  • building permits
  • any other necessary permits

It is your responsibility to have all necessary approvals before starting your project.