INFORMATION REPORT. RE: Ontario Regulation 828/90 (The Development Control Permit Exemption Regulation) and Ontario Regulation 423/12

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1 Niagara Escarpment Commission 232 Guelph St. Georgetown, ON L7G 4B1 Tel: Fax: Commission de l escarpement du Niagara 232, rue Guelph Georgetown ON L7G 4B1 No de tel Télécopieur January 17, 2013 INFORMATION REPORT RE: Ontario Regulation 828/90 (The Development Control Permit Exemption Regulation) and Ontario Regulation 423/12 Background: Ontario Regulation 828/90 is the current parent Regulation made under the Niagara Escarpment Planning and Development Act (NEPDA) that exempts certain classes of development from the requirement of obtaining a Development Permit in the area of Niagara Escarpment Development Control. In general, development that is anticipated to have or has limited impact, or has been determined to be effectively dealt with under other regulations or approval processes is not subject to obtaining Permits from the Niagara Escarpment Commission (NEC). Regulation 828/90 was last amended in The NEC has reviewed the Regulation on a number of occasions since 1999 and made a number of recommendations to the Minister of Natural Resources about its improvement, streamlining and clarification. The objective of the NEC, based on its experience in actively administering the Regulation, is that the Regulation should be kept up to date and effective and where possible, reduce the need for the NEC to deal with minor matters where the impact on the Escarpment environment was deemed negligible. Discussion: On December 5, 2012, the Minister of Natural Resources, as part of the Province s regulation modernization initiative, approved an amendment to the NE Regulation based on the advice of the NEC. Ontario Regulation 423/12 was filed on December 18, 2012, and then came into force on January 1, The Regulation changes should assist in reducing the NEC s workload since fewer Permits will be required, and there will be less debate or litigation in instances where the existing provisions of the Regulation were unclear or outdated.

2 A copy of Regulation 423/12 is attached to this Report. Highlights of the changes include: Revised definition for general agriculture that also deals with equestrian tracks and riding schools. Modified definition for special agriculture that includes exotic animals and aquaculture. Definition for a wind machine to provide for a general exemption. New provision to exempt the remediation of land for environmental reasons (e.g., oil spills). New provisions to clarify development exemptions involving the opening of roads, maintenance of roads, scaling of roadside cliffs etc. New exemptions for fiber optic cables, public utility lockers for utilities, etc. New provisions to capture the building of berms and their exclusion as a general agricultural exemption. Clarification respecting farm irrigation systems (e.g., maintenance and repair, but not the alteration of a stream or watercourse or the building of a pond for such a system). Exemption for manure spreading including processed municipal bio-solids. Exemption of certain equestrian buildings. General agricultural buildings must now meet MDS as a condition of exemption. Exemption for the conversion of existing livestock, animal husbandry and poultry buildings to different livestock, animal husbandry and poultry uses, provided MDS is met. Any pond requiring the use of a well is not exempt. Expanded exemption for additions to a dwelling. Expanded exemption for roof alterations to a building. Expanded exemption for residential accessory buildings. Clarifications to tree cutting and forestry and increased exemptions. Broader exemption for new and replacement septic systems. Setbacks established for pools and decks/porches adjacent to the Escarpment cliff. Updating power line and pole exemptions (e.g., no longer limited to wooden poles). Exemptions for aggregate recycling in the extraction area of a licensed pit or quarry. Exemptions for removal of buildings and structures in the licensed extraction area of a pit or quarry. Broader exemption for underground fuel tank replacement. Exemption for environmental inventory work. Exemptions involving dam safety. Exemptions for certain activities and structures within a seasonal trailer park. 2

3 Exemptions for minor developments like outdoor playground equipment, garbage storage enclosures, minor retaining walls, historic plaques, bus shelters, hunting blinds, etc. Exemption for temporary farm signs advertising seasonal fresh produce. Exemptions for certain signs in Minor Urban Centres and Urban Areas of the Niagara Escarpment Plan. Exemptions for roof mounted solar panels and solar water heating systems. Exemptions for ground source heat pumps. Exemptions for an emergency Order to take water or to discharge water or for the renewal of a Permit to take Water or to discharge water where nothing has changed after an initial Development Permit had been issued for the taking or discharge of specified volumes of water. Exemption for the drilling of municipal wells. Exemptions for certain works within a NEPOSS Park that has an approved master plan for those master plans approved after January 1, 2013, where the works clearly are set out in the master plan. A consolidation of the new Regulation provisions into the existing Regulation has been completed and is now available to the public at the NEC offices and on the NEC web site. Municipalities and agencies have been notified about the changes and copies of the Regulation and the consolidation made available. The NEC has made itself available to municipalities and agencies to answer questions. Conclusion: The Regulation changes are a positive initiative that reflects the NEC and the MNR objectives for improvement, efficiency and good customer service in the delivery of the Escarpment program. In the future, the NEC and MNR will consider further refinements to the Regulation as ongoing activity related to the NEC Strategic Plan and the Provincial desire for Regulation modernization. Ken Whitbread Manager C/KW/ New DC Regulation

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