(Version 1.0, June 25, 2018)

XXX  Ontario Conservation Authority (XXXOCA)

X Conservation Authority (XXA)

Conservation Authority (XCA) and the

Corporation of the Township of XXX

MEMORANDUM OF UNDERSTANDING

Procedures to Regulate Excess Soil and Site Alteration Under the Municipal Act, 2001, the Conservation Authorities Act and the Planning Act

AND

To Define the Roles of Conservation Authorities and the Township in the Regulation of Excess Soil and Site Alteration within the Township

Basis

Pursuant to Subsection 142 (2) of the Municipal Act, 2001 the Township may:

(a) prohibit or regulate the placing or dumping of fill;

(b) prohibit or regulate the removal of topsoil;

(c) prohibit or regulate the alteration of the grade of the land;

(d) require that a permit be obtained for the placing or dumping of fill, the removal of topsoil or the alteration of the grade of the land; and

(e) impose conditions to a permit, including requiring the preparation of plans acceptable to the municipality relating to grading, filling or dumping, the removal of topsoil and the rehabilitation of the site.

Pursuant to Subsection 28 (1) of the Conservation Authorities Act, a conservation authority may make regulations:

(a) prohibiting, regulating or requiring the permission of the authority for straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream or watercourse, or for changing or interfering in any way with a wetland;

(b) prohibiting, regulating or requiring the permission of the authority for development if, in the opinion of the authority, the control of flooding, erosion, dynamic beaches or pollution or the conservation of land may be affected by the development.

Pursuant to Subsection 28 (25) of the Conservation Authorities Act, development includes:

(a) the construction, reconstruction, erection or placing of a building or structure of any kind,

(b) 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,

(c) site grading, or

(d) the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere.

Within the statutory powers set out above, the Township has enacted By-law Number 2010-084 and each conservation authority has made a regulation approved by the Province of Ontario.  Accordingly, the Township regulates the placement of excess soil and site alteration throughout the township whereas each conservation authority also regulates development activities, including the placement of excess soil and site alteration within a certain geography defined by its regulation.  This regulatory overlap requires close collaboration and cooperation between the Township and the conservation authorities to ensure that shared objectives for environmental protection and public safety are addressed and to ensure that proponents of development are served efficiently and effectively.

Purpose

In general, the purpose of this Memorandum of Understanding between the conservation authorities and the Township is to provide for environmental protection and protection of public health and safety through the effective and efficient regulation of excess soil and site alteration through collaboration and cooperation within the statutory powers of each body.

Principles

This Memorandum of Understanding is based upon the following principles:

·       The Township is supported and enabled to exercise its full jurisdiction and powers conferred upon it by Subsection 142 (2) of the Municipal Act, 2001 and the Planning Act to regulate excess soil and site alteration;

·       The conservation authorities roles with respect to natural hazards, public safety and environmental protection will be supported;

·       Where a conservation authority has jurisdiction on a site, as defined by its regulation, final decisions on proposals for excess soil placement and site alteration will be made following collaboration between the Township and the relevant conservation authority;

·       Pre-consultation efforts will be promoted and centralized at the Township with support provided by conservation authorities;

·       Duplication of effort will be avoided to the extent possible;

·       Proponents of development finance the regulatory function through a user-pay approach;

·       Compliance and enforcement is undertaken on a cooperative and collaborative basis between the township and the conservation authorities.

Jurisdiction

This Memorandum of Understanding apples to all lands within the jurisdiction of the Township of XXXX and within each of the respective conservation authority’s watershed jurisdiction.

Roles

Township of XXXX

1.       The Township will exercise its full jurisdiction and powers conferred upon it by the Municipal Act, 2001, the Planning Act and any other relevant legislation, Council-adopted policy, resolution or direction in conformity with this Memorandum of Understanding.

2.       The Township will be the final decision-maker with respect to excess soil and site alteration applications in instances where all, or a portion of, a site is also within the jurisdiction of a conservation authority.

3.       In instances where all, or a portion of, a site is also within the jurisdiction of a conservation authority, the Township will make its determination to refuse, modify or approve an application after consultation with the relevant conservation authority.

4.       For an area of land where a permit from a conservation authority is required for the placement of excess soil or site alteration, and where both the Township and conservation authority have no objection to the proposed works following the submission and review of the required complete permit applications and supporting information, the Township will issue its permit after the issuance of the conservation authority permit.

5.       The Township will convene all pre-application meetings with proponents of development and will make best efforts to schedule meetings based on the availability of the relevant conservation authority staff.

6.       Township staff will collaborate with the relevant conservation authority staff during the course of the review and approval of permit applications in instances where the conservation authority has jurisdiction on all or a portion of a site.

7.       The Township will collaborate with the relevant conservation authority, to the extent possible, with respect to compliance and enforcement activity, including prosecutions for offences.

8.       The Township will support the relevant conservation authority with respect to its review of flooding and erosion natural hazards, public safety and environmental protection including protection of key natural heritage features, key hydrologic features, key hydrologic areas, and designated vulnerable areas identified pursuant to the Clean Water Act, 2007 including seeking conformity with the natural heritage and water resource policies of any Provincial Plan that may apply to the subject site.

Conservation Authority

9.       The Conservation Authority will exercise its full jurisdiction and powers conferred upon it by Section 28 of the Conservation Authorities Act and any other Board-adopted policy, resolution or direction in conformity with this Memorandum of Understanding.

10.   The conservation authority will place a condition on each permit approval that falls under the scope of this Memorandum of Understanding requiring that the Township issue its approval before the conservation authority permit may take effect. 

11.   The conservation authority will make its determination to refuse, modify or approve an application after consultation with the Township.

12.   The conservation authority will refer all inquiries related to filling and site alteration that fall under the scope of this Memorandum of Understanding to the Township for initial consultation and the convening of a pre application consultation meeting.

13.   Conservation authority staff will collaborate with the relevant Township staff or appointed agents during the course of the review and approval of conservation authority permit applications.

14.   The conservation authority will collaborate with the Township, to the extent possible, with respect to compliance and enforcement activity, including prosecutions for offences.

15.   The conservation authority will be responsible for reviewing applications within the scope of its regulatory and policy interests, which shall include, where relevant, the review of flooding and erosion natural hazards, public safety and environmental protection including protection of key natural heritage features, key hydrologic features, key hydrologic areas, and designated vulnerable areas identified pursuant to the Clean Water Act, 2007 including seeking conformity with the natural heritage and water resource policies of any Provincial Plan that may apply to the subject site.

Monitoring and Cancellation

This Memorandum of Understanding will be reviewed on an ongoing basis to evaluate its effectiveness.  This MOU may be amended by mutual agreement from time to time in order to reflect any changing policies or programs at the provincial, watershed or municipal level.  At any time, the Township or a conservation authority (upon 30 days notice) may withdraw from this Memorandum of Understanding via written notice.

MEMORANDUM OF UNDERSTANDING

Signatory Parties

I hereby agree to implement the terms and provisions contained in this Memorandum of Understanding:

   Date XXX  XXXXXX

Chief Administrative Officer

Township of XXX

  Signature lines for each CAO/GM of each of the conservation authorities.