Section 28 Regulation Hearing

Mississippi Valley Conservation Authority enforces the Ontario Regulation 153/06 Development, Interference with Wetlands and Alterations to Shorelines and Watercourses under Section 28 of the Conservation Authorities Act.  CAs have been  delegated to comment on natural hazards through the Planning Act. The Provincial Policy Statement (PPS) provides direction in regard to natural hazards (flooding and erosion); surface and groundwater (protection, restoration and improvement),  and natural heritage (provincially significant wetlands).

Each application is subject to four tests in order to determine the impact of development:

  • Flooding
  • Erosion
  • Pollution
  • Conservation of Land

If work or development contravenes Section 28 Regulations and policies, and no prior authorization has been granted, MVCA may take legal action to bring the work into compliance.

Remedial action to restore the property in question is generally the preferred resolution. Staff are delegated by the Board of Directors to enforce the regulation.

The MVC Regulations Committee is a committee of the Board of Directors and represents the Board at hearings. Under Section 28 of the CA Act landowners have a right to a hearing should their application be refused based on a review of local policies. At the hearing landowners may present their case, with legal counsel, to the Committee. Should the Committee refuse the application, it may be appealed to the Mining and Lands Commission within 30 days of refusal.

A hearing is an official tribunal.

Powers of Authority

After a hearing the Committee may refuse the permission, or grant permission with or without conditions. Written reasons for the decisions must be provided. The reasons must be justifiable based on the facts presented at the hearing.

Rules of Procedure

  • All parties must have ample opportunity to be heard
  • All arguments and evidence are presented in a timely and efficient manner
  • All proceedings be conducted informally and expeditiously
  • Every case is reviewed and considered on its own merits

Tests of Fairness

  • Unbiased—Impartial
  • Honest—Free of Injustice
  • Open and Free of Fraud (Conflict of Interest)
  • Equitable
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