Wetlands Policy

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=56 BGCOLOR="#666633" TEXT="#080000" bgproperties="fixed" background="00fc8c83.jpg"> <div>  <A NAME="wetlands_policy"><IMG BORDER="0" SRC="1x1.gif" HEIGHT="1" ALIGN="bottom" WIDTH="1" HSPACE="0" VSPACE="0" ></A>Wetlands policy</div> <div> </div> </td> </tr><tr> <td valign="top" width=160 BGCOLOR="#666633" TEXT="#080000"> <div> <B>The only way  Provincially Significant wetlands in Haliburton County and the rest of northern Ontario can be protected is to change the policy! You CAN make a difference!</B></div> <div> <B>Write to:</B></div> <div> <B>Premier Dalton McGuinty</B></div> <div> <B>Queen's Park</B></div> <div> <B>99 Wellesley St. W., Whitney Block,</B></div> <div> <B>6th Floor</B></div> <div> <B>Toronto ON</B></div> <div> <B>M7A 1W3</B></div> <div> <B>or</B></div> <div> <B>Room 281, Main Legislative Building</B></div> <div> <B>Toronto ON</B></div> <div> <B>M7A 1A4</B></div> <div> <B>Fax  613-736-9573</B></div> <div> <B>email</B></div> <div> <A HREF="mailto:dalton_mcguinty-mpp@ontla.ola.org" TARGET="_top" TITLE="mailto:dalton_mcguinty-mpp@ontla.ola.org"><U><B>dalton_mcguinty</B></U></A></div> <div> <A HREF="mailto:dalton_mcguinty-mpp@ontla.ola.org" TARGET="_top" TITLE="mailto:dalton_mcguinty-mpp@ontla.ola.org"><U><B>-mpp@ontla.</B></U></A></div> <div> <A HREF="mailto:dalton_mcguinty-mpp@ontla.ola.org" TARGET="_top" TITLE="mailto:dalton_mcguinty-mpp@ontla.ola.org"><U><B>ola.org</B></U></A></div> <bR> <div> <B>Leona Dombrowsky, Minister of the Environment</B></div> <div> <B>Queen's Park</B></div> <div> <B>Ministry of the Environment</B></div> <div> <B>135 St. Clair Ave. W., 12th Floor</B></div> <div> <B>Toronto ON</B></div> <div> <B>M4V 1P5</B></div> <div> <B>Fax 416-314-6748</B></div> <div> <B>Tel 416-314-6750</B></div> <div> <B>email  </B></div> <div> <A HREF="mailto:leona.dombrowsky@ene.gov.on.ca" TARGET="_top" TITLE="mailto:leona.dombrowsky@ene.gov.on.ca"><U><B>leona.</B></U></A></div> <div> <A HREF="mailto:leona.dombrowsky@ene.gov.on.ca" TARGET="_top" TITLE="mailto:leona.dombrowsky@ene.gov.on.ca"><U><B>dombrowsky</B></U></A></div> <div> <A HREF="mailto:leona.dombrowsky@ene.gov.on.ca" TARGET="_top" TITLE="mailto:leona.dombrowsky@ene.gov.on.ca"><U><B>@ene.gov.on.ca</B></U></A></div> <bR> <div> <B>David Ramsay, Minister of Natural Resources</B></div> <div> <B>Queen's Park</B></div> <div> <B>Ministry of Natural Resources</B></div> <div> <B>6630-99 Wellesley St W, 6th Floor, Whitney Block</B></div> <div> <B>Toronto ON</B></div> <div> <B>M7A 1W3</B></div> <div> <B>email</B></div> <div> <A HREF="mailto:david_ramsay-mpp@ontla.ola.org" TARGET="_top" TITLE="mailto:david_ramsay-mpp@ontla.ola.org"><U><B>david_ramsay-</B></U></A></div> <div> <A HREF="mailto:david_ramsay-mpp@ontla.ola.org" TARGET="_top" TITLE="mailto:david_ramsay-mpp@ontla.ola.org"><U><B>mpp@ontla.</B></U></A></div> <div> <A HREF="mailto:david_ramsay-mpp@ontla.ola.org" TARGET="_top" TITLE="mailto:david_ramsay-mpp@ontla.ola.org"><U><B>ola.org</B></U></A></div> <bR> <div> <B>John Gerretsen, Minister of Municipal Affairs</B></div> <div> <B>Queen’s Park</B></div> <div> <B>Ministry of Municipal Affairs,</B></div> <div> <B>777 Bay St, 17th Flr</B></div> <div> <B>Toronto ON M5G 2E5</B></div> <div> <B>Fax 416-585-6470</B></div> <div> <B>Tel 416-585-7000</B></div> <div> <B>email</B></div> <div> <A HREF="mailto:john_gerretsen-mpp@ontla.ola.org" TARGET="_top" TITLE="mailto:john_gerretsen-mpp@ontla.ola.org"><U><B>john_gerretsen</B></U></A></div> <div> <A HREF="mailto:john_gerretsen-mpp@ontla.ola.org" TARGET="_top" TITLE="mailto:john_gerretsen-mpp@ontla.ola.org"><U><B>-mpp@ontla.</B></U></A></div> <div> <A HREF="mailto:john_gerretsen-mpp@ontla.ola.org" TARGET="_top" TITLE="mailto:john_gerretsen-mpp@ontla.ola.org"><U><B>ola.org</B></U></A></div> <bR> <div> <B>Laurie Scott, MPP for Haliburton-</B></div> <div> <B>Victoria-Brock:</B></div> <div> <B>Queen's Park</B></div> <div> <B>Room 159, Main Legislative Building</B></div> <div> <B>Toronto ON</B></div> <div> <B>M7A 1A8</B></div> <div> <B>Fax</B></div> <div> <B>416-325-3562</B></div> <div> <B>Tel</B></div> <div> <B>416-325-9910</B></div> <div> <B>email  </B></div> <div> <B>LScott@ontla.</B></div> <div> <B>ola.org </B></div> <div> <B>Constituency Office</B></div> <div> <B>14 Lindsay St N</B></div> <div> <B>Lindsay ON K9V 1T4</B></div> <div> <B>Fax705-324-6938</B></div> <div> <B>Tel  705-324-6654</B></div> <bR> <bR> <bR> <bR> </td> <td valign="top" height=424 BGCOLOR="#FFFFFF" TEXT="#080000"> <div> On this page is the Provincial Policy that presently allows development in Provincially Significant Wetlands<FONT SIZE="4" COLOR="#FF0000" FACE="Arial" > </FONT>in northern Ontario -- including the Haliburton Highlands.</div> <div> <IMG SRC="173c0200.jpg" border=0 width="192" height="288" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> To read EH's comments on Elephant Lake's Site Evaluation Report, <A HREF="id51_contains_environment_haliburton_s.htm" TARGET="_top" TITLE="Letters"><U>click here.</U></A></div> <div> To see the letter EH! sent to the Minister of Municipal Affairs, </div> <div> <A HREF="id51_wetlands_provincial_policy_statement.htm" TARGET="_top" TITLE="Letters"><U>click here.</U></A></div> <div> To find out more about policy affecting our wetlands, read on ..</div> <div> As long as a study is done to show that development won't have a negative impact on a Provincially Significant Wetland in northern Ontario (like this one in Elephant Lake, Haliburton County), development is permitted.</div> <div> Who pays for these studies? Usually the developer.</div> <div> Who approves a development proposal on Provincially Significant Wetlands? Usually local councillors who generally have limited expertise in biology or wetlands. Their decisions are largely based on information presented within the study.</div> <div> In other words, a study is no guarantee of protection for northern Ontario's most significant wetlands.</div> <div> In southern Ontario, no development is allowed on Provincially Signficiant Wetlands at all. Why? Because 70% of them have already been destroyed.</div> <div> Northern Ontario wetlands need the same protection afforded southern wetlands. The provincial policy must be changed.</div> <bR> <div> HERE'S THE NATURAL HERITAGE POLICY, which can be found on the Ministry of Municipal Affairs' website:</div> <bR> <div> 2.3 Natural Heritage</div> <bR> <div> 2.3.1 Natural heritage features and areas will be protected from incompatible development.</div> <bR> <div> 1. Development and site alteration will not be permitted in:</div> <bR> <div>          * significant wetlands south and east of the Canadian Shield; and</div> <div>          * significant portions of the habitat of endangered and</div> <div>            threatened species.</div> <bR> <div>  2. Development and site alteration may be permitted in:</div> <bR> <div>          * fish habitat;</div> <div>          * significant wetlands in the Canadian Shield2;</div> <div>          * significant woodlands south and east of the Canadian Shield2;</div> <div>          * significant valleylands south and east of the Canadian Shield2;</div> <div>          * significant wildlife habitat; and</div> <div>          * significant areas of natural and scientific interest</div> <div>      if it has been demonstrated that there will be no negative impacts</div> <div>      on the natural features or the ecological functions for which the</div> <div>      area is identified.</div> <bR> <div> 2.3.2 Development and site alteration may be permitted on adjacent lands to a) and b) if it has been demonstrated that there will be no negative impacts on the natural features or on the ecological functions for which the area is identified.</div> <bR> <div> 2.3.3 The diversity of natural features in an area, and the natural connections between them should be maintained, and improved where possible.</div> <bR> <div> 2.3.4 Nothing in policy 2.3 is intended to limit the ability of agricultural uses to continue.</div> <bR> <div> HERE'S THE PROVINCIAL POLICY STATEMENT REGARDING WETLANDS. IT WAS ROUNDLY CRITICIZED BY THE CANADIAN ENVIRONMENTAL LAW ASSOCIATION WHEN FIRST INTRODUCED FOR NOT PROTECTING WETLANDS ENOUGH. FOLLOWING THE POLICY IS CELA'S CRITIQUE.</div> <bR> <div> WETLANDS POLICY STATEMENT</div> <bR> <div> <B><U>PURPOSE</U></B></div> <bR> <div> This document is issued under section 3 of the <U>Planning Act</U> and is the Province of Ontario's Policy Statement on planning for the protection of wetlands within the province. This Policy Statement is issued jointly by the Ministry of Natural Resources and Ministry of Municipal Affairs.</div> <bR> <div> OBJECTIVE</div> <bR> <div> Wetlands are essential ecosystems that contain important ecological, hydrological and socio-economic values. The Province of Ontario is committed to the protection and conservation of all provincially significant wetlands (Classes I, II, and III), and encourages and supports the protection and conservation of all other wetlands within the province. The goal of this Policy Statement is to ensure that wetlands are properly identified and adequately protected through the land use planning process.</div> <bR> <div> In Ontario, wetlands in certain areas are under greater pressure from competing land uses than wetlands in other areas. This Policy Statement provides greater protection to wetlands in those areas where wetland loss is of particular concern. Accordingly, this Policy Statement defines the province on the basis of two distinct ecological regions: the Great Lakes - St. Lawrence Region, which largely consists of southern Ontario; and the Boreal Region, which largely consists of Northern Ontario (see the attached map for the delineation of the two areas).</div> <bR> <div> The objective of this Policy Statement is two-fold:</div> <bR> <div> To ensure that no loss of area or function of provincially significant wetlands occurs within the Great Lakes - St. Lawrence Region and the Boreal Region by prohibiting new development and land uses in such wetlands; and</div> <bR> <div> To ensure that only compatible development and land uses are permitted on lands adjacent to provincially significant wetlands or within other wetlands in the Great Lakes - St. Lawrence Region and the Boreal Region.</div> <bR> <div> INTERPRETATION</div> <bR> <div> This Policy Statement:</div> <bR> <div> <IMG BORDER="0" SRC="Aria006c002d00c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">replaces the "Guidelines for Wetland Management in Ontario" introduced by the Minister of Natural Resources in the Provincial Legislature in April 1984;</div> <bR> <div> <IMG BORDER="0" SRC="Aria006c002d00c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">shall be applied by all planning authorities listed in section 3(5) of the <U>Planning Act</U> to protect all provincially significant wetlands throughout Ontario;</div> <bR> <div> <IMG BORDER="0" SRC="Aria006c002d00c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">shall be applied by all planning authorities listed in section 3(5) of the <U>Planning Act</U> to protect other wetlands in Ontario;</div> <bR> <div> <IMG BORDER="0" SRC="Aria006c002d00c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">shall supersede or take priority over other Policy Statements approved under section 3 of the <U>Planning Act</U> or any other policy approved by the Lieutenant Governor in Council where there is conflict between the provisions of this Policy Statement and any other approved Policy Statement or policy.</div> <bR> <div> BACKGROUND</div> <bR> <div> <U>Wetland Values</U></div> <bR> <div> Wetlands provide valuable ecological, hydrological and socio-economic benefits. Accordingly, the Province of Ontario is committed to the protection and conservation of wetlands as part of its ecosystem-based approach to the sustainable management of natural resources and the maintenance of biological diversity. This Policy Statement is intended to form an integral part of other provincial programs and initiatives to protect and conserve wetlands. However, all planning authorities, including provincial ministries, agencies, boards, commissions, municipalities and local planning boards, share in the responsibility for wetlands protection and conservation.</div> <bR> <div> Wetlands perform many important functions, including:</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b700c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">sustaining intrinsic ecological values; </div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b700c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">maintaining and improving water quality;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b700c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">protecting shorelines from erosion;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b700c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">maintaining and protecting groundwater recharge and discharge;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b700c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">assisting in flood control and storage of surface water;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b700c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">trapping sediments, nutrients and contaminants present in surface water;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b700c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">providing important habitat for a wide variety of plant, animal  and fish species;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b700c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">protecting heritage and aesthetic values;</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b700c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">providing valuable resource benefits and recreational, educational and scientific opportunities; and</div> <bR> <div> <IMG BORDER="0" SRC="Symb075c00b700c800000000.gif" HEIGHT="13" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">contributing substantial social and economic benefits.</div> <bR> <div> The values of Ontario's wetlands have local, regional, provincial and international significance, particularly since wetlands provide critical staging and breeding habitat for migratory waterfowl. The majority of wetland values, however, are local or regional in nature, and they can significantly benefit the areas adjoining wetlands or the watersheds in which wetlands are situated. Accordingly, the abundance of wetlands within Northern Ontario does not compensate for the severe loss of wetlands throughout southern Ontario.</div> <bR> <div> <B><U>Wetland Loss</U></B></div> <bR> <div> Despite the well-documented values of wetlands, over 75% of the original wetlands in southern Ontario have been lost. In some areas, the amount of wetland loss is approaching 100%. This alarming rate of wetland loss is continuing as development pressures escalate as a result of competing urban land uses. In addition, related activities, such as land clearing, drainage, dredging and filling, continue to exert pressure on southern Ontario's remaining wetlands.</div> <bR> <div> North of the southern boundary of the Canadian Shield, wetland loss is becoming significant, particularly in near-urban areas and along shorelines and other major bodies of water. Unlike southern Ontario, bogs are well-dispersed in broad areas of Northern Ontario. However, other wetland types, such as those supporting a diversity of wildlife species or providing other valuable functions, are relatively scarce and are being jeopardized by competing land uses such as industrial, extractive and recreational development.</div> <bR> <div> Recognition of the importance of wetlands, combined with strong concern over continuing wetland loss, has prompted the Province of Ontario to develop a comprehensive wetlands protection program, which includes this Policy Statement.</div> <bR> <div> <U>Ontario's Wetlands Management Program</U></div> <bR> <div> The Ministry of Natural Resources (MNR) has been developing and implementing a wetlands management program for more than a decade. In 1981, for example, the MNR released a discussion paper entitled "Towards a Wetland Policy for Ontario" which discussed wetland values and wetland losses. The public response overwhelmingly supported the development of provincial policy to protect and conserve wetlands.</div> <bR> <div> In 1983-84, the MNR participated in the development of a wetland evaluation system to identify and classify wetlands in southern Ontario on the basis of wetland functions and features. In 1984, the Province of Ontario introduced the "Guidelines for Wetlands Management" which stated the government's concern over wetland loss and expressed wetland protection objectives and strategies in the context of the municipal land use planning process.</div> <bR> <div> Similarly, the Province has initiated a public acquisition program to enable the government, together with Wildlife Habitat Canada and Ducks Unlimited, to purchase critical wetlands that are threatened by development. In addition, various habitat development and protection strategies are being implemented under the North American Waterfowl Management Plan, which has been jointly developed by federal, provincial, and state agencies and private organizations throughout North America. The Province has also established the "Conservation Land Tax Reduction Program" to offer tax rebates to landowners of Class I, II and III wetlands.</div> <bR> <div> <U>Wetland Ownership in Ontario</U></div> <bR> <div> Wetlands in Ontario are held in both public and private ownership, and thus are controlled by individuals, corporations and governments.</div> <bR> <div> At the present time, there is no provincial legislation that specifically addresses wetlands or expressly requires the protection and conservation of wetlands. However, wetlands may be influenced by activities permitted under a variety of provincial statutes, including the Drainage Act, the Lakes and Rivers Improvement Act and the Conservation Authorities Act and regulations thereunder.</div> <bR> <div> Some Ontario wetlands have been secured under some form of public ownership, such as Provincial Parks, Provincial Wildlife Areas or Conservation Areas. Similarly, several Ontario wetlands are owned and managed by the federal government in the form of National Parks or National Wildlife Areas. Wetlands may also be owned by municipalities, often as part of county or regional forests.</div> <bR> <div> Private citizens also own wetlands, particularly within southern Ontario. Some individual landowners have recognized the need to protect wetlands and have maintained their wetlands <FONT SIZE="2" COLOR="#0000FF" FACE="Arial" >in</FONT> a natural state, sometimes with the technical advice and assistance of MNR staff.</div> <bR> <div> <U>The Need for a Wetlands Policy Statement</U></div> <bR> <div> Despite the above-noted efforts to secure Ontario's wetlands, there remains a critical and overriding need for a policy that will protect wetland ecosystems from further loss or degradation caused by urban encroachment.</div> <bR> <div> In 1989, the Province released a draft Wetlands Policy Statement for public review and comment. Over 250 comments and briefs were received, most of which overwhelmingly favoured a strong wetlands Policy Statement. The public responses to the draft Policy Statement have been carefully considered and incorporated in the development of this Policy Statement.</div> <bR> <div> DEFINITIONS</div> <bR> <div> For the purposes of this Policy Statement:</div> <bR> <div> <B>Adjacent Lands</B> are those lands which are immediately outside of wetlands, wetland complexes and outside of the 120 metre buffer zone required by this Policy Statement, and which have a direct or indirect influence on wetlands by reason of slope, drainage, soils, cover type or any other factor;</div> <bR> <div> <B>Boreal Region</B> means the area of Ontario north of the boundary line on the attached map and corresponding with the boundary between the Boreal East and Great Lakes administrative regions of the Ministry of Natural Resources.</div> <bR> <div> <B>Buffer Zone</B> means an area of land which extends 120 metres outside of provincially significant wetlands in the Great Lakes - St. Lawrence Region, and which shall remain in a natural vegetated state in order to protect such wetlands from the impacts of development or land uses;</div> <bR> <div> <B>Compatible Development and Land Uses</B> are those which will not result in any loss of wetland area or function, and which do not conflict with existing site-specific wetland management practices;</div> <bR> <div> <B>Development</B> includes:</div> <bR> <div> the construction, erection, or placing of a building or structure of any kind;</div> <bR> <div> the making of an addition or alteration to any building or structure that has the effect of changing the size or usability thereof; or</div> <bR> <div> activities such as site grading, dredging, drainage, excavation, paving, drilling, tree or brush removal, and placing or removal of fill material.</div> <bR> <div> <B>Environmental Impact Study</B> means a study carried out by a proponent and submitted to the Ministry of Natural Resources for review and approval, and which includes an identification and evaluation of:</div> <bR> <div> the need for the proposed development or land use to be located in adjacent lands;</div> <bR> <div> the impacts of the proposed development or land use on wetland area and function;</div> <bR> <div> the measures or actions necessary to prevent or mitigate the impacts of the proposed development or land use;</div> <bR> <div> the compatibility of the proposed development or land use as defined by this Policy Statement; and</div> <bR> <div> the compliance of the proposed development or land use with all applicable federal, provincial, and municipal requirements.</div> <bR> <div> <B>Fill Material</B> includes soil, rocks, sand, aggregate, waste of any kind, or any other material which displaces soil or water or which reduces water retention potential;</div> <bR> <div> <B>Great Lakes</B> - St. Lawrence Region means the area of Ontario south of the boundary line on the attached map and corresponding with the boundary between the Boreal East and Great Lakes administrative regions of the Ministry of Natural Resources; </div> <bR> <div> <B>Land Use</B> means any human undertaking or activity carried out on land, water or wetlands, but does not include:</div> <bR> <div> educational programs and scientific research projects which do not involve development within a wetland or adjacent lands, and which do not result in a loss of wetland area or function;</div> <bR> <div> outdoor recreational activities which do not involve development within a wetland or adjacent lands, and which do not result in a loss of wetland area or function;</div> <bR> <div> resource harvesting and resource management or conservation activities which do not result in a loss of wetland area or function;</div> <bR> <div> wetland restoration programs or projects approved by the Ministry of Natural Resources; or</div> <bR> <div> any activities which have been lawfully commenced prior to the effective date of this Policy Statement, provided such activities are not expanded, enlarged, changed or altered in a manner contrary to this Policy Statement.</div> <bR> <div> <B>Proponent</B> includes any person, partnership, sole proprietorship, corporation, municipality, conservation authority, or ministry or agency of the provincial government;</div> <bR> <div> Provincially Significant Wetland means:</div> <bR> <div> wetlands or wetland complexes identified and classified by the Ministry of Natural Resources as Class 1, II, or III wetlands; and</div> <bR> <div> b) wetlands or wetland complexes which, in the opinion of the Ministry of Natural Resources:</div> <bR> <div> contain habitats of critical importance to fish or wildlife;</div> <div> have a significant hydrologic role in the watershed in which they exist;</div> <div> provide significant social or economic benefits; or</div> <div> have unique or provincially significant features;</div> <bR> <div> <B>Structure</B> means anything constructed or erected with a fixed location on the ground, or attached to anything with a fixed location on the ground, and includes houses, mobile homes, retail or commercial facilities, bulkheads, piers, docks, dams, bridges, roads, waterway obstructions, and gas or liquid storage facilities;</div> <bR> <div> <B>Restoration</B> means a program or project approved by the Ministry of Natural Resources that is intended to rehabilitate a damaged or destroyed wetland to its former state;</div> <bR> <div> <B>Wetland Area</B> is a single continuous wetland that may be composed of one or more wetland types;</div> <bR> <div> <B>Wetland Complexes</B> are two or more individual wetland areas that are related in a functional manner and are grouped within a common wetland boundary.</div> <bR> <div> <B>Wetland Functions</B> means the biological, physical, hydrological and socio-economic interactions that occur within an environment because of the properties of wetlands that are present, including:</div> <bR> <div> groundwater recharge and discharge;</div> <div> flood storage and desynchronization;</div> <div> shoreline stabilization;</div> <div> sediment trapping;</div> <div> nutrient retention and removal;</div> <div> food chain support; and</div> <div> fish and wildlife habitat.</div> <bR> <div> <B>Wetland Types</B> are individual wetland ecosystems such as marshes, swamps, fens and bogs.</div> <bR> <div> <B>Wetland</B> means land,</div> <bR> <div> that is seasonally or permanently covered by shallow water, or</div> <bR> <div> in respect of which the water table is close to or at the surface,</div> <bR> <div> so that the presence of abundant water has caused the formation of hydric soils and has favoured the dominance of either hydrophytic or water tolerant plants.</div> <bR> <div> POLICIES</div> <bR> <div> <B><U>GENERAL</U></B></div> <bR> <div> It is the policy of the Province of Ontario that:</div> <bR> <div> All planning jurisdictions, including municipalities, planning boards, the Ministry of Natural Resources and all other management agencies, shall identify and protect all wetlands in Ontario.</div> <bR> <div> In the Great Lakes - St. Lawrence Region, new development and land uses are prohibited within the boundaries of provincially significant wetlands, and within a 120 metre buffer zone around provincially significant wetlands.</div> <bR> <div>  In the great Lakes - St. Lawrence Region, only new compatible development and land uses shall be permitted to occur within adjacent lands near or next to provincially significant wetlands. No proponent shall commence or undertake new compatible development and land uses within such adjacent lands except where the proponent has submitted an Environmental Impact Study to the Ministry of Natural Resources, and unless the Ministry of Natural Resources has reviewed and approved the Environmental Impact Study, and unless all other necessary approvals have been obtained by the proponent.</div> <bR> <div> In the Boreal Region, new development and land uses are prohibited within the boundaries of provincially significant wetlands.</div> <bR> <div> In the Boreal Region, only new compatible development and land uses shall be permitted to occur within adjacent lands near or next to provincially significant wetlands. No proponent shall undertake or commence new compatible development and land uses except where the proponent has submitted an Environmental Impact Study to the Ministry of Natural Resources, and unless the Ministry of Natural Resources has reviewed and approved the Environmental Impact Study and unless all other necessary approvals have been obtained by the proponent.</div> <bR> <div> Where a proponent has undertaken or commenced new development or land uses in contravention of this Policy Statement, the Ministry of Natural Resources shall order the proponent or the agents thereof to stop any activity or to restore any damaged or destroyed wetlands in a manner acceptable to the Ministry of Natural Resources. Where a proponent or agents thereof fail to comply with a restoration order, the Ministry of Natural Resources shall undertake the necessary restoration work and the proponent or the agents thereof shall be liable for the full cost of restoration. In addition to any other remedy available in law, the Ministry of Natural Resources or any other person may apply to court for an injunction to prevent or restrain contraventions of this Policy Statement or to recover the costs of restoration work undertaken in accordance with this Policy Statement. No proponent shall create or restore wetlands except where particulars of the proposed work have been submitted in writing to the Ministry of Natural Resources for review, and unless the Ministry of Natural Resources has approved the proposed work, and unless all other necessary approvals have been obtained by the proponent.</div> <bR> <div> Provincial ministries and agencies, as well as regional, county, and local municipalities and planning boards, shall identify and protect wetlands other than those of provincial significance in a manner consistent with this Policy Statement.</div> <bR> <div> This Policy Statement does not affect or relieve a proponent's duties and obligations under other applicable legislation, regulations or by-laws.</div> <bR> <div> 1.9 This Policy Statement binds the Crown.</div> <bR> <div> <B><U>2. OFFICIAL PLANS</U></B></div> <bR> <bR> <div> In the Great Lakes - St. Lawrence Region, all official plans shall identify and protect provincially significant wetlands through:</div> <bR> <div> a separate land use designation and policies that prohibit new development and land uses within the boundaries of provincially significant wetlands, and within a 120 metre buffer zone outside of provincially significant wetlands;</div> <div> a separate land use designation and policies that permit only compatible development and land uses within adjacent lands near or next to provincially significant wetlands; and</div> <div> policies which require proponents of proposed compatible development and land uses to submit an Environmental Impact Study to the Ministry of Natural Resources for review, and which prohibit such proponents from undertaking or commencing compatible development and land uses unless the Environmental Impact Study has been approved by the Ministry of Natural Resources, and unless all other necessary approvals have been obtained by the proponent.</div> <bR> <div> In the Boreal Region, all official plans shall identify and protect provincially significant wetlands through:</div> <bR> <div> a separate land use designation and policies that prohibit new development and land uses within the boundaries of provincially significant wetlands;</div> <bR> <div> a separate land use designation and policies that permit only compatible development and land uses within adjacent lands near or next to provincially significant wetlands; and</div> <bR> <div> policies which require proponents of proposed compatible development and land uses to submit an Environmental Impact Study to the Ministry of Natural Resources for review, and which prohibit such proponents from undertaking or commencing compatible development and land uses unless the Environmental Impact Study has been approved by the Ministry of Natural Resources, and unless all other necessary approvals have been obtained by the proponent.</div> <bR> <div> In the Great Lakes - St. Lawrence Region and the Boreal Region, all official plans shall contain land use designations and policies which identify and protect wetlands other than those of provincial significance in a manner consistent with this Policy Statement.</div> <bR> <div> In the Great Lakes - St. Lawrence Region and the Boreal Region, all official plans shall contain policies, prepared in consultation with appropriate ministries and provincial and regional agencies, which:</div> <bR> <div> specify the information required and the matters to be considered by a municipality or planning board prior to deciding on proposed compatible development and land uses in adjacent lands or wetlands other than those of provincial significance; and</div> <bR> <div> identify the planning implementation mechanisms required to give effect to these policies, as described in the Wetlands Policy Statement Implementation Guidelines.</div> <bR> <div> All existing approved official plans shall be amended by local and regional municipalities to reflect the requirements of this Policy Statement within two years of the effective date of this Policy Statement. No new official plans shall be made or approved unless they reflect the requirements of this Policy Statement.</div> <bR> <div> <B><U>ZONING BY-LAWS AND ZONING ORDERS</U></B></div> <bR> <div> It is the policy of the Province of Ontario that:</div> <bR> <div> 3.1 In the Great Lakes - St. Lawrence Region, all provincially significant wetlands and associated buffer zones shall be placed in a zone that prohibits new development and land uses in accordance with the requirements of this Policy Statement.</div> <bR> <div> 3.2 In the Boreal Region, all provincially significant wetlands shall be placed in a zone that prohibits new development and land uses in accordance with the requirements of this Policy Statement.</div> <bR> <div> In the Great Lakes - St. Lawrence Region and the Boreal Region, adjacent lands near or next to provincially significant wetlands shall be placed in a zone that permits only compatible development and land uses in accordance with the requirements of this Policy Statement.</div> <bR> <div> Wetlands other than those of provincial significance shall be placed in zones that either prohibit new development and land uses, or that permit only compatible development and land uses, in accordance with the requirements of this Policy Statement.</div> <bR> <div>  In municipalities not subject to an official plan and in territories without municipal organization, wetlands shall be placed in a zone in accordance with sections 3.1 to 3.4 of this Policy Statement.</div> <bR> <div>  Existing approved by-laws and zoning orders shall be amended by the relevant planning jurisdiction to reflect the requirements of this Policy Statement within two years of the effective date of this Policy Statement. No new by-laws or zoning orders shall be made or approved unless they reflect the requirements of this Policy Statement.</div> <bR> <div> <B><U>LAND USE COMPATIBILITY</U></B></div> <bR> <div> It is the policy of the Province of Ontario that:</div> <bR> <div> 4.1 Compatibility of proposed development and land uses within adjacent lands or wetlands other than those of provincial significance shall be determined by assessing the short- and long-term impacts, including cumulative impacts, according to the following criteria:</div> <div> that the proposed development or land use will not result in a loss of wetland area or function; and</div> <div> that the proposed development or land use will not conflict with existing site-specific wetland management practices.</div> <bR> <div> 4.2 Proposed development and land uses may be permitted within adjacent lands or wetlands other than those of provincial significance if the compatability criteria in section 4.1 are satisfied. Where compatible development and land uses are permitted, the relevant planning authority shall impose conditions which ensure that the proponent undertakes the development or land use in a manner that prevents, mitigates, or minimizes impacts upon wetlands and adjacent lands.</div> <bR> <div> Where a proponent has proposed to undertake a compatible development or land use, the relevant municipality or planning authority shall apply the compatibility criteria in section 4.1, and shall record in writing the reason(s) why the proposed development or land use satisfies or does not satisfy the criteria. Where the relevant municipality or planning authority fails to record the reasons for its decision under this section, then the decision shall have no force or effect under the <U>Planning Act.</U></div> <bR> <div> <B><U>CONSTRUCTION OF PUBLIC FACILITIES AND UTILITIES</U></B></div> <bR> <div> It is the policy of the Province of Ontario that:</div> <bR> <div> 5.1 Major new public facilities and utilities, such as those relating to transportation, communication, or sanitation, shall not be located within provincially significant wetlands or associated buffer zones. Existing public facilities and utilities shall not be expanded into provincially significant wetlands or associated buffer zones.</div> <bR> <div> IMPLEMENTATION</div> <bR> <div> In exercising any authority that affects a planning matter, the council of every municipality, every local board, every Minister of the Crown, and every ministry, board, commission or agency of the government, including the Ontario Municipal Board and Ontario Hydro, shall act in accordance with the objectives and requirements of this Policy Statement.</div> <bR> <div> The Ministry of Natural Resources and the Ministry of Municipal Affairs will jointly administer this Policy Statement, and will advise and explain its content and application to municipalities and other planning jurisidictions.</div> <bR> <div> Other provincial ministries and agencies having an interest in wetlands will provide input into the municipal land use planning process as may be appropriate. Fill, Construction and Alteration of Waterways Regulations issued by conservation authorities will be used to assist in the implementation of this Policy Statement.</div> <bR> <div> The Ministry of Natural Resources and the Ministry of Municipal Affairs will issue "Wetlands Implementation Guidelines" to assist planning jurisdictions, including municipalities and planning boards, interpreting and applying the requirements of this Policy Statement. The Guidelines will contain both mandatory and recommended approaches for identifying and protecting wetlands through official plans, zoning by-laws, plans of subdivisions, consents, minor variances and other planning instruments.</div> <bR> <DIV ALIGN="LEFT"></DIV> <div> *****</div> <bR> <div> <B>CELA'S CRITIQUE:</B></div> <bR> <div> SUBMISSIONS OF THE CANADIAN ENVIRONMENTAL LAW ASSOCIATION TO THE MINISTRY OF NATURAL RESOURCES REGARDING THE DRAFT WETLAND POLICY STATEMENT</div> <bR> <div> Prepared by:</div> <div> Zen Makuch</div> <div> Counsel</div> <bR> <div> Richard D. Lindgren</div> <div> Counsel</div> <bR> <div> December 1991</div> <bR> <div> December 18, 1991</div> <div> Mr. Doug Hagan, Manager</div> <div> Wildlife Policy Branch</div> <div> 6<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> Floor, ICI House</div> <div> 90 Sheppard Ave., East</div> <div> North York, Ontario</div> <div> M2N 3A1</div> <bR> <div> Dear Mr. Hagan,</div> <div> <I><B>RE: DRAFT WETLANDS POLICY STATEMENT</B></I></div> <div> Further to our recent meetings and correspondence, we are writing to reiterate our concerns about the draft Wetlands Policy Statement. We have also enclosed a copy of our proposed policy statement, which we offer for the Ministry's consideration. We acknowledge that it may not be immediately possible to implement some of the provisions contained in our policy statement. Nevertheless, our policy statement sets out the clear policy direction that the government must head towards when revising its own policy statement and reforming the land use planning process in general.</div> <bR> <div> As you know, it is our view that the latest Draft Policy Statement falls far short of its potential as a wetland protection instrument. Several of its key provisions are fundamentally flawed and it fails to provide the necessary measures for preventing any further wetland losses. It is our position that the Draft Policy Statement needs to be rewritten in order to ensure that wetlands are adequately protected throughout Ontario.</div> <bR> <div> Accordingly, this letter attempts to summarize our main concerns with the Draft Policy Statement. In addition, due to our fundamental disagreement with the approach taken in this Draft Policy Statement, we have attached considerable support from a number of environmental and conservation groups throughout Ontario.</div> <bR> <div> When you review our proposed policy statement, you will immediately note the similarity between it and the version which was produced by the MNR in April of this year. It is our contention that the April document had considerable merit, despite some minor difficulties which we have addressed in our version. Frankly, we are puzzled by the government's decision to replace the April document with one that fails to sufficiently protect our wetlands. The following analysis provides a summary account of the deficiencies within the MNR's current draft Policy statement.</div> <bR> <div> <B>Critique of MNR Draft Policy Statement</B></div> <bR> <div> <U>Objective</U></div> <bR> <div> The Policy Statement does not contain a section which identifies fundamental objectives. Such provisions should be inserted as a means of clarifying the tone and intent of the Policy Statement, thereby making it more coherent. If the objective of the Policy Statement is clear and unequivocal, then this will also facilitate its implementation by the relevant authorities.</div> <bR> <div> It is submitted that "no loss of wetland area or function" should serve as the guiding objective of the Policy Statement.</div> <bR> <div> The April version also included a valuable statement which provided that the goal of the policy "is to ensure that wetlands are identified and adequately protected through the land use process." This direction should also form part of an "Objective" section.</div> <bR> <div> <U>Interpretation</U></div> <bR> <div> This portion should use imperative language of the kind that requires all planning authorities subject to the <U>Planning Act</U> to apply the Policy Statement in their decision-making processes. As it stands, the "Interpretation" section gives no encouragement to planning authorities to protect wetlands. Policy #1 addresses this concern adequately through a half-hearted gesture which suggests that planning authorities merely "consider the implications" of their actions as they pertain to provincially significant wetlands.</div> <bR> <div> In addition, to the extent that a municipality may protect provincially significant wetlands, it may be less inclined to protect other significant wetlands. For this reason the "Interpretation" section should provide the direction that the Policy Statement should be applied to other wetlands.</div> <bR> <div> <U>Background</U></div> <bR> <div> Our greatest concern with this section focuses on the necessity of elaborating upon the discussion of wetlands functions, values and losses. Under this heading we would also add discussion of Ontario's regulatory and management framework and the rationale for a strong Policy Statement. Once again, some reference might be made to the protection of wetlands that are not provincially significant but may be deserving of protection because of other functions or values. As it stands, the discussions raised under each of the "Background" sub-headings is simply too short to be informative or persuasive.</div> <bR> <div> <U>Definitions</U></div> <bR> <div> Our Policy Statement departs markedly from the Draft Policy Statement in the "Definitions" section. This is especially true with regard to the definition for adjacent lands, compatible development and land uses, development, environmental impact study, provincially significant wetland and wetland functions. We have also added definitions for buffer zones, land use and restoration as further wetland protection devices.</div> <bR> <div> Among our most serious concerns with the MNR's definitions are the following: First, no definition of "land use" is offered yet "new land uses" which adversely affect wetlands may be permitted pursuant to Policies 2 and 3. In our view, land uses should be defined very broadly to include human undertakings and activities and then a list of exceptions would be applied (i.e. certain harvesting activities, scientific research, educational activities, passive recreational activities such as fishing, etc.).</div> <bR> <div> Secondly, the definition of "compatible land use or development" is too inclusive. It is felt that this deficiency can be remedied by adding the requirement that compatible land uses or development should not result in any loss of wetland area or function. In this way the definition will be more consistent with overall wetland protection objectives.</div> <bR> <div> Third, the definition of "development" places too much emphasis on buildings and structures. Buildings and structures do not necessarily pose the greatest threat to wetlands. There are other development activities which do not require buildings which will still result in wetlands destruction. In order to deal with this issue, we recommend the addition of other activities, such as dredging, excavation, drainage and vegetation removal, to the definition of "development."</div> <bR> <div> Fourth, a less ambiguous definition of "wetland functions" is in order. What is meant by social/economic interactions and how are they measured? Does it mean that the more a wetland is commercialized or intensively used, the greater its inherent value? This is an important definition to clarify because decisions pertaining to land use compatibility will rely on the definition of wetland function.</div> <bR> <div> Fifth, the definition of "wetland complex" does not allow for the protection of the whole wetland complex. It leaves the land between "wetland areas" within a complex unprotected, which may result in a significant threat to the integrity of the wetlands within the complex and to the wider "wetland complex" itself.</div> <bR> <div> Sixth, with respect to the definition of "wetlands" it is submitted that the last sentence which reads "lands being used for agricultural purposes are not considered to be wetlands" should be taken out. It is important that we review the application of this Policy Statement to drainage activities in agricultural lands.</div> <bR> <div> Seventh, the definition of "environmental impact study" must be clarified and expanded. Normally, other agencies in the form of provincial ministries, federal agencies or the public may be involved in a commenting process leading up to the approval stage. These agencies are part of the decision-making process. Is it the intention of the present definition that they should be excluded? We also submit that the definition should set out the minimum requirements for an EIS (i.e. the issues of compatibility, mitigation measures, environmental impacts and the need for the proposed development). We also submit that the EIS requirement must apply to both northern and southern Ontario.</div> <bR> <div> Finally, part (b) of the MNR definition for "Provincially Significant Wetland" is puzzling when it refers to a (future) evaluation system. What would such a system look like? What criteria would a wetland have to meet in order to pass the provincially significant threshold?</div> <bR> <div> This concludes the section on our major definitional concerns. Other subtle definition changes are proposed in our draft policy statement and for this reason we request that you review them.</div> <bR> <div> <U>Policy 1</U></div> <bR> <div> As stated above, that the language of this policy provides a weak message to planning decision-makers as to how the Policy Statement should be applied. In addition, it is our opinion that "considering the implications of one's actions" further weakens the intent of s.3(5) of the <U>Planning Act</U> itself. We would suggest the language of "<U>shall</U> have regard to" (though still not as strong as we would like) provides for something more than a mere "consideration of implications." This rests on our view that the Ontario Legislature used the imperative word "shall" in s.3(5) rather than the non-imperative "may" as a means of giving stronger direction to planning bodies. Our message here is quite simple and direct. All planning decision-makers must identify and protect provincially significant wetlands (our definition).</div> <bR> <div> <U>Policy 2</U></div> <bR> <div> As stated above, "new land uses" is not defined and as a result we cannot fully understand the application of this concept in Policy #2 and #3. Similarly, the definitions of "land use" and "compatibility" will inevitably lead to confusion, debate and a multiplicity of OMB hearings, creating yet another unnecessary expense for the province and public interest groups. It is submitted that as a matter or principle, no form of development and no new land use may be permitted if it threatens of destroys the area or function of any provincially significant wetland.</div> <bR> <div> For example, in the Constance Creek Wetland case, the proposed "land use" policy would have allowed the developer to substantially gut the wetland, removing any trees and vegetation. According to the MNR Policy, if a new land use does not include a building or filling activities then virtually any use may be allowed. It is submitted that the only uses which should be permitted are those which already exist, which for the most part, includes conservation or recreation uses.</div> <bR> <div> <U>Policy 3</U></div> <bR> <div> The phrase "generally prohibited" leaves much to be desired since it provides a considerable loophole to any prohibition on development or new land uses as they pertain to Provincially Significant Wetlands in the Boreal Region. When added to the MNR assertion that northern wetlands are at less risk, it is clear that the potential approval of development applications will result in further destruction of Provincially Significant wetlands in the north. This position is simply untenable for those who support effective wetlands protection programs throughout the province. This loophole must be eliminated, and provincially significant Boreal wetlands must be given the same level of protection as southern Ontario wetlands.</div> <bR> <div> In addition, much of the Boreal Region is Crown Land. There must be some clarification as to whether this Policy Statement is intended to apply to such lands. It is our position that the Policy Statement should bind the Crown and should apply to wetlands on Crown Lands.</div> <bR> <div> <U>Policy 4</U></div> <bR> <div> Policy 4 represents another significant gap in wetlands protection objectives, one which was not evident in the MNR's 1989 draft policy statement. As discussed above in the critique of the definition "Wetland Complex," if lands within a "Wetland Complex" which separate "Wetland Areas" are not protected, the overall integrity of the complex and the constituent wetlands may be threatened by development. Accordingly, we cannot help but expect that, as development of unprotected areas within a Wetland Complex occurs, the tendency to leave other parts of the complex unprotected (or to downgrade the classification) will increase.</div> <bR> <div> <U>Policy 5</U></div> <bR> <div> Here, the primary concern is over the lack of any meaningful buffer zone requirement. It is also noteworthy that the MNR's proposed test of "loss of wetland area" does not preclude the destruction of critical wetland values or functions through the incursion of development and other uses immediately adjacent to wetlands. In these situations the wetland area may remain relatively intact but the wetland itself could be functionally degraded.</div> <bR> <div> Many American jurisdictions have recognized the necessity of providing vegetative buffer zones as an important component of wetlands protection. This has also been recognized by the Niagara Escarpment Commission which has proposed vegetative setbacks for <U>all</U> wetlands within the Niagara Escarpment Plan. It is significant that the MNR has apparently accepted this proposal by the NEC.</div> <bR> <div> It is submitted that significant portions of lands adjoining wetlands must be preserved in their natural state to protect against off-site migration of development and other land use impacts on Provincially Significant Wetlands. As you will note, we have suggested a 120 m buffer zone in our policy statement. This buffer zone requirement must be specified in the Policy Statement and cannot be left to the Implementation Guidelines, which carry no weight in law.</div> <bR> <div> <U>Policy 6</U></div> <bR> <div> This section is unclear and provides little assurance in achieving wetlands protection objectives in the face of public sector development activities. Paragraph 2 of Policy #6 could be interpreted to mean that destruction of Provincially Significant Wetlands at the hands of the public sector is inevitable and that mitigation of damage is the best that can be done. The range of alternatives to locating such utilities and facilities in Provincially Significant Wetlands is sufficient to warrant an outright prohibition of these types of development in Provincially Significant Wetlands.</div> <bR> <div> There is the further problem that private proponents often play a significant role in building such utilities and facilities. For example, at Lagoon City the sewer and water infrastructure is being built by the developer. In the Leitrim case the developer is building a road through a Provincially Significant Wetland. Thus, Policy 6 must be crafted in a way which regulates such infrastructural activities even when they are undertaken by the private sector.</div> <bR> <div> <U>Implementation</U></div> <bR> <div> To date, a copy of the "Wetlands Implementation Guidelines" referred to in this section has not been made available to the public. Therefore, we are left with an important gap concerning exactly how the Policy Statement will work. As we have discussed we would request that the Implementation Guidelines be available for public review and comment before finalization.</div> <bR> <div> In our view, the Wetlands Implementation Guidelines should, <U>inter alia</U>, require municipalities to identify and protect wetlands through available land use tools such as official plans, zoning bylaws, plans of subdivisions, consents, minor variances and other planning documents. Where a municipality fails to comply with this requirement, the MNR could, <U>inter alia</U>, be empowered to apply for an order of <U>mandamus </U>forcing the municipality to do so, or alternatively, for an order of prohibition which would quash any decision by the municipality taken in defiance of the Policy Statement.</div> <bR> <div> Further, we strongly suggest that this Policy Statement should take precedence over other Policy Statements. For example, in the future developers and others may seek to justify wetlands destruction on affordable housing grounds pursuant to the Affordable Housing Policy Statement. In this case the Wetlands Policy Statement should prevail due to the multiple alternatives to siting an affordable housing project in the middle of a Provincially Significant Wetland. In short, resource protection imperatives must predominate over resource production or development imperatives in cases of conflict.</div> <bR> <bR> <div> General Remarks about Wetlands Protection</div> <bR> <div> The draft Policy Statement does not apply to Class 4 to 7 wetlands and ignores the existence of small wetlands. It is likely that, taken collectively, these small wetlands are more important to flora and fauna than are many class 1, 2, and 3 wetlands yet they have not been part of any inventory, let alone being deemed worthy of attention under the Policy Statement. These small wetlands are often of heightened significance in urban areas where  they represent the only remaining natural habitats in an otherwise overdeveloped landscape.</div> <bR> <div> The Policy Statement also needs to encourage ecosystem-based enhancement and restoration projects in wetland areas. Restoration should be mandatory when wetlands are destroyed or damaged through the contravention of the Policy Statement. The person(s) responsible for the loss or destruction should be liable to undertake and pay for restoration.</div> <bR> <div> More generally, it is unfortunate that the draft Policy Statement addresses an important but relatively small cause of wetlands loss and degradation in Ontario, <U>viz</U>. Activities requiring approval under the <U>Planning Act</U>. A 1987 Environment Canada study of wetland losses in southern Ontario (Working Paper #48: Wetlands Distribution and Conversion in Southern Ontario) documented that of the recent wetland conversions to other land uses, 81 per cent were converted to agriculture. Accordingly, it is clear that the draft Policy Statement does not attempt to address the most important threat to wetlands protection, namely grading, draining and filling for agricultural purposes.</div> <bR> <div> In this regard, the Ministry of Agriculture and Food must become an active participant in the drafting and implementation of wetland protection policies, and the Policy Statement's applicability to the drainage of agricultural land must be confirmed. Activities and approvals under the <U>Drainage Act</U> must also be re-examined and reformed in light of wetland protection imperatives.</div> <bR> <div> However, the goal of wetlands protection cannot be achieved by a policy statement alone. Hence, the MNR must play a lead role in enforcing existing statutes and regulations in a timely and effective manner to secure wetland protection. In so doing, the MNR should also encourage other ministries and agencies (i.e. MMA, MOE and Conservation Authorities) to use their respective wetlands protection objectives. The Province should also extend the Conservation Land Tax Program to all classes of wetlands, and should enhance public education and stewardship programs.</div> <bR> <div> At the same time, the Province must immediately develop and implement comprehensive wetlands protection legislation. Over the past two decades, the United States has set the standard for wetlands protection through the introduction of wetlands legislation in several states and at the federal level. Ontario must also develop appropriate wetlands legislation that applies to all wetlands within the province; that prohibits the further destruction or degradation of significant wetlands; and that provides for the restoration of wetlands that have already been lost or degraded. The statute should also establish a permit-issuing process to regulate land uses and activities which require buildings, structures or alterations of the natural environment within or beside wetlands. CELA's research regarding American wetlands legislation will be provided to you shortly.</div> <bR> <div> In conclusion, over the past ten years the Ontario government has been attempting to implement wetland protection policies in Ontario. The current draft Policy Statement is one of its weakest efforts to date. It has been shown to lack commitment, coherence, and credibility. The loopholes are considerable, leaving CELA at a loss as to why the superior April draft was abandoned in favour of an utterly deficient document.</div> <bR> <div> Wetlands can no longer be treated as casualties of the planning process, particularly in light of the historic loss of these valuable natural resources and their continued loss and degradation. We cannot help but see the latest Draft Policy Statement as an affront to widespread public support for wetlands protection and, more generally, for stronger environmental regulation. The time has come for the present government to ask itself whether it is committed to protecting wetlands in this province. If it is, then it must immediately improve and implement the Draft Policy Statement. In addition, the MNR must also start the development of wetlands protection legislation.</div> <bR> <div> We would be pleased to meet you to discuss this letter or our attached policy statement.</div> <bR> <div> Yours sincerely,</div> <div> CANADIAN ENVIRONMENTAL LAW ASSOCIATION</div> <bR> <div> Richard D. Lindgren</div> <div> Counsel</div> <bR> <div> Zen Makuch</div> <div> Counsel</div> <bR> <bR> <bR> <bR> </td> </tr></table></body>