Central Lake Ontario Conservation Authority Proposed Class Environmental Assessment Review Fees

Transcription

1 January 31, 2014 Central Lake Ontario Conservation Authority (CLOCA) 100 Whiting Avenue Oshawa, ON L1H 3T3 Attention: Mr. Chris Darling Re: Central Lake Ontario Conservation Authority Proposed Class Environmental Assessment Review Fees Dear Mr. Darling, At the last regular meeting of the General Purpose and Admin istration Committee of the Township of Scugog held January 27, 2014, the above captioned matter was considered. I wish to advise that Committee concurred with the recommendations, as amended, in Staff Report OPS GP&A to the following effect: "THAT the Township of Scugog does not support the proposed fees for Class Environmental Assessment consultation. AND FURTHER, the Township of Scugog will not pay fees for Class EA consultation until such time as the Province of Ontario amends the EA Act to require proponents to pay such fees. AND FURTHER, that the Central Lake Ontario Conservation Authority be so advised along with the Region of Durham, Conservation Ontario and all lower tier municipalities within CLOCA's boundaries." I have enclosed a copy of the report as well as an excerpt from the Minutes for your information. Township of Scugog, 181 Perry St., PO Box 780, Port Perry, ON L9L 1A7 Telephone: Fax:

2 Should you require anything further in this regard, please contact lan Roger, Director of Public Works and Parks at (905) Ext 149. Yours truly, ri-= 7 / I /fl ( ~.1 Christopher Harris Municipal Clerk Encl. cc: Mr. lan Roger, Director of Public Works and Parks Conservation Ontario Deb Bowen, Clerk, Region of Durham Sandra Krane, Clerk, City of Oshawa Thorn Gettinby, Clerk, Township of Brock Debbie Shields, Clerk, City of Pickering Martin de Rand, Clerk, Town of Ajax Patti L. Barrie, Clerk, Town of Clarington Debi Wilcox, Clerk, Town of Whitby Debbie Leroux, Clerk, Township of Uxbridge

3 GP&A Meeting #2 January 27, PUBLIC WORKS & PARKS Councillor Corrigan presiding. PUBLIC WORKS OPS GP&A lan Roger, P. Eng. Director of Public Works and Parks Re: Central Lake Ontario Conservation Authority Proposed Class Environmental Assessment Review Fees Recommendation: THAT the Township of Scugog does not support the proposed fees for Class Environmental Assessment consultation. AND FURTHER, the Township of Scugog will not pay fees for Class EA consultation until such time as the Province of Ontario amends the EA Act to require proponents to pay such fees. AND FURTHER, that the Central Lake Ontario Conservation Authority be so advised along with the Region of Durham, Conservation Ontario and all lower tier municipalities within CLOCA's boundaries. Committee Recommendation: Moved by: Councillor Drew THAT this Committee concur with the recommendations as outlined in Report OPS GP&A, as amended. Carried CORRESPONDENCE- NIL OUTSTANDING MATTERS The status of the outstanding items was listed in the agenda for the Committee's information. Those items were reviewed with the following item discussed: i. Staff Report OPS GP&A Re: Barriers on Public Rightof-Ways and Unopened Road Allowances Director of Public Works and Parks advised that a report will be brought forward on this matter in the spring ii. Correspondence # William D. Connolly Re: Condition of Demara Road and a portion of Aldred Drive Councillor Wotten inquired why this was not included in the draft budget. Staff advised they will look into the matter for inclusion in the 2014 draft budget if appropriate. 24

4 TOWNSHIP OF c 9~9 Meeting: GENERAL PURPOSE & ADMINISTRATION COMMITIEE Date: January 27, 2014 CA;pp~~BLOCK Dept: Public Works and Parks DFIT Report No: OPS GP&A Title: CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY PROPOSED CLASS ENVIRONMENTAL ASSESSMENT REVIEW FEES RECOMMENDATION: THAT the Township of Scugog does not support the proposed fees for Class Environmental Assessment consultation. AND FURTHER, the Township of Scugog will not pay fees for Class EA consultation untirsuch time as the Province of Ontario amends the EA Act to require proponents to pay such fees. AND FURTHER, that the Central Lake Ontario Conservation Authority be so advised. BACKGROUND: The Central Lake Ontario Conservation Authority (CLOCA) advised constituent municipalities that it was considering the implementation of fees for consultation on Class Environmental Assessments (EA's). A copy of Correspondence is ~ttached. The Municipal Class EA was created under the auspices of the Environmental Assessment Act when a number of municipalities requested the Ministry of Environment streamline the EA process for typical municipal construction projects. Page 1 of 3

5 Categories in the Municipal Class EA have been created for water and wastewater, roads and bridges, transit and most recently cycling and recreational facilities. Depending on the schedule the project in the Class EA (Schedules A, A+, B and C), the proponent is required to undertake varying levels of notification and consultation with affected parties. A simple local road reconstruction may proceed without any notification or only require notification to adjoining residents (Schedule A or A+). Constructing a major road through an area with identified heritage, cultural and/or environmental issues (Schedule C) may require notification for consultation with any of the following: provincial ministries (MOE, MNR, MTO, Culture and Recreation, etc), the local Conservation Authority, the Department of Fisheries and Oceans, First Nations, utilities, railways, emergency services, school boards, etc. The Class EA process is undertaken to ensure that all affected parties are afforded the opportunity to provide input. If a project has contentious issues that cannot be resolved during the consultation process, affected parties have the right to request a Part II Order from the Minister of the Environment (formerly referred to as a bump-up). Once a Class EA is completed, a design can be finalized and the proponent will typically apply for requisite permits from a number of the commenting agencies. Staff has had dialogue with senior staff from CLOCA, and it is understood that CLOCA is looking at options to generate revenue to support its operation. The purpose of the Class EA is to ensure proponents give all parties an. opportunity for input, but the EA Act does not require proponents to pay fees for consultation. Proponents must give notice and the opportunity to consult but affected parties are not obligated to provide comments if they choose not to. A project's design is not finalized until after the completion of the Class EA process. In the case of permits to complete construction projects, these must be applied for and paid for by proponents in order to proceed. Page 2 of 3

6 ENVIRONMENTAL CONSIDERATIONS: N/A ACCESSIBILITY CONSIDERATIONS: N/A FINANCIAL IMPLICATIONS: Fees for Class EA consultation will add to project costs and the municipality will need to start budgeting for this fee. If all agencies/parties consulted during a Class EA start charging consultation f~es, this will add considerable cost to many municipal projects. CONCLUSION: As this is no legislative requirement in the EA Act for proponents to pay for consultation, staff cannot support CLOCA's proposed fee. It is staff's recommendation that CLOCA be advised the Township of Scugog does not support 'his fee nor will it be paid for any municipal projects in CLOCA's jurisdiction. Respectfully submitted: la~r, P. Eng. Director of Public Works and Parks Attach. Page 3 of 3

7 trd' Central ~ LalleOntario ~Conservation Corr# I J3 100 Whiting Avenue Oshawa, 0ntario L1H 3T3 Phone(905)57~411 Fax (905) Web: mail@cloca.com Member of ConseTVaUon Ontario April22,2013 Ms. Kim Coates Township ofscugog P.O. Box 780, 181 Perry Street PortPerryON L9L 1A7 Dear Ms. Coates: Subject: CLOCA Environmental Assessment Review Fee CLOCA IMS Flle: AFEAl At their meeting of February 20, 2013, the Central Lake Ontario Conservation Authority Board of Directors approved the following Resolution: Auth. Res. #27113, offebruary "THAT StD/1 Report # be receivedfor information; THATthefee schedule, as outlined in A ttllchment 1 ofsr # , be approved; THATthe approvedfee schedule bephased in over a oneyear period; THAT CLOCA staffreport baclc to the Authority Board in February 2014 advising ofany concerns or Issues that have been raised by proponents; and, THAT CLOCA stdff advise stakeholders and watershed partners ofthe newfee schedulesfor planning and regulation services for their information. " CARRIED The approved Environmental Assessment (EA) fee schedule includes the following: CLOCA Administrative Review Fee for Environmental A11sessment Services Application Type Application Fee Notes Individual EA $ plus applicable permit fee Subjectto negotiation Class EA Schedule C Class EA Schedule B $6,000 plus the applicable pennit fee $4,000 plus applicable pennit fee What we do on the land is mirrored in the water cont'd....2

8 Central Lake Ontario Conservation Ms. Kim Coates Township ofscugqg Aprill9, 2013 Page2 In accordance with the resolution, the fee will be phased in over a one year period. During the phase-in period, the EA fee will not be a fonnal requirement, however CLOCA staff will review each EA on a case-by-case basis with the applicable proponent to determine ifa portion ofthe applicable fee can be payable. CLOCA staffwill contact with the appropriate municipal staff to discuss the administration and implementation ofthe EA fee. If you have any questions, please contact the undersigned. Yours truly, ~l~.~p Director, Development Review & Regulation CD/ms G :\PLANNING\FEES\EA fees letter_c lerks_april