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The Central Lake Ontario Conservation Authority would like to remind residents that before starting projects that include the placement of fill, construction or alteration to waterways, please check with the Conservation Authority. Depending on the project and the location, a permit may need to be issued to the property owner from the Authority. The following activities are regulated under Ontario Regulation 42/60:
- Construct any building or structure or permit any building or structure to be constructed in or on a pond or swamp or in any area susceptible to flooding during a regional storm; (residences, buildings, additions, pools, culverts, bridges)
- Place or dump fill of any kind or permit fill to be placed or dumped in the area described in the schedule, whether such fill is already located in or upon such area or brought to or on such area from some other place or places; (filling, grading) or
- Straighten, change, divert, or interfere in any way with the existing channel of a river, creek, stream or watercourse. (erosion control works, culverts, natural channel realignment, footings for bridges / creek crossings, any water works associated with the physical bed or bank(s) of a watercourse.
Please refer to How Do I Apply For Permits? for questions pertaining to the Authority’s fee schedule.
Ontario Regulation 42/06 IS ACTIVELY ENFORCED.
Any site grading, the temporary or permanent removal of material, and / or the placement of material originating on - site or elsewhere (within a regulated area); construction / renovation of a building or structure within the Regulatory flood plain; or the alteration of a watercourse without the requisite permits from the Authority may result in a fine and prosecution under the Conservation Authorities Act. Every person who is found guilty of an offence under Ontario Regulation 42/06 is liable to a fine of not more than $10,000, or to a term of imprisonment of not more than three months.
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The Authority advises that you contact Development Review and Regulations staff
directly to confirm as to whether or not permits are required. Please note that
the Authority regulates filling
activities in fill regulated areas, construction of buildings or structures within the
Regulatory flood plain and alterations to watercourses.
Should you wish to obtain written confirmation from Authority staff as to whether or not your property is subject to Ontario Regulation 42/06 (ie. situated within a fill regulated area, whether or not there is flood plain on the subject lands, delineation of environmentally sensitive lands, outstanding breaches of our Regulation etc.) Authority staff also provides a Property / Solicitor Inquiry Service for a fee of $150. In
requesting this service, please provide the following information;
- Survey of property (location map if survey cannot be obtained)
- Municipal address (and legal description if known)
- Municipal Lot and Concession
- Other helpful information (ie. landmarks, “northeast corner of intersection” etc)
- $150 fee (cheques made payable to CLOCA)
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In some instances permit applications filed under Ontario Regulation 42/06 may also require approvals under Section 35(1) of the Canadian Fisheries Act (Department of Fisheries & Oceans - D.F.O.). Section 35(1) of the Fisheries Act states "no person shall carry on any work or undertaking that results in the harmful alteration, disruption, or destruction of fish habitat (HADD)." CLOCA has a Memorandum of Understanding and a Level III Agreement with DFO which means that the Authority can screen and process some applications on their behalf. During review of the submitted permit application, Authority staff may determine that there is a potential HADD present. CLOCA will provide the applicant with the following options:
- Revise the application in order to avoid any impact to fish habitat
- Advise the proponent of mitigation (measures/procedures to lessen the
effects/impacts of the project on fish habitat)
- Provide a compensation package that will untimately require authorization
from D.F.O.
** Applications requiring approvals under the Canadian Fisheries Act often
require 8 - 10 weeks for approval. The process may take longer if drawings
need to be revised and / or are incomplete.
For more information in this regard please also refer to
Working Around
Water.
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