Commentary: Prescribed future pathway for Ontario conservation authorities: regulatory impacts and implications

Abstract

In our previous Commentary (Mitchell, Shrubsole, and Watson 2021), we examined the role of the conservation authorities (CAs) in Ontario. We considered whether CAs would end or evolve, or reach an interlude or epiphany following changes to their regulatory functions and rules of conduct proposed by the Ontario provincial government. As is common throughout Canada and many other democratic countries, in Ontario members of elected provincial governments have the power to propose new or amended legislation. Such proposals are then scrutinized and debated via provincial parliamentary procedures, resulting in decisions to accept, amend or reject the proposed legislation or regulations. Legislative and regulatory proposals are, in part, about substantive details—in this case, the operation of the CAs. However, such proposals are also about the promotion of political ideas and ideologies—such as the importance of economic development and the balance to be struck against environmental and social concerns, and also views regarding the appropriate organization of government and the use or power. Our previous Commentary covered experience of the CAs from their founding in the mid-1940s until the end of 2020. We noted that the Ontario government in December 2020 had created a Working Group to identify acceptable changes for the future role of conservation authorities. Prior to this, provincial government proposals had been met with a mix of support and opposition from CAs and other organizations with interests in resource conservation and development. The Working Group was directed to provide advice on proposed regulations under the Conservation Authorities Act, and also advice about how conservation authorities are governed, with particular regard to: (1) mandatory core programs and services conservation authorities would provide, (2) agreements between municipalities and conservation authorities and the transition period associated with conservation authorities providing non-mandatory programs and services, and (3) how local members of the community can better participate in their conservation authorities through community advisory boards (Ontario and Environmental Registry of Ontario 2021). In this follow-up Commentary, we examine the position taken by the provincial Conservative Government as expressed in reports published late in 2021 and in January 2022. The details covered in the two reports , and the potential impacts or implications for resource conservation and management in Ontario are considered below.