REPORT CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY

Transcription

1 4-10 REPORT CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY DATE: August 18, 2011 FILE: IMS: ACAD19 S.R.: APPROVED BY C.A.O. MEMO TO: Chair and Members, CLOCA Board of Directors FROM: Chris Darling, Director, Development Review & Regulation SUBJECT: Amending Ontario Regulation 42/06, Central Lake Ontario Conservation Authority: Regulation of Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Purpose The purpose of this report is to recommend the adoption of amendments to Ontario Regulation (O. Reg.) 42/06 to bring it into conformity with recent amendments made to Ontario Regulation (Generic O. Reg.) 97/04 and to clarify the intent of certain provisions in the Regulation. Background O. Reg. 97/04 under the Conservation Authorities Act is an approved template or generic regulation that dictates the form and content of each individual conservation authorities regulation. Pursuant to S. 28 of the C.A. Act and O. Reg. 97/04, in 2005, CLOCA developed an individual regulation, O. Reg. 42/06 Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulations which was approved by the Province in In March of 2011, the Province approved amendments to O. Reg 97/04 as described below. Each individual conservation authority regulation made under S. 28 of the C.A. Act must be subsequently amended and approved by the Minister of Natural Resources to reflect and enact the new amendments to the O. Reg. 97/04. The amendments are intended to simplify, streamline and clarify the permitting process that conservation authorities undertake. The Ministry proposes three types of amendments for consideration by conservation authorities: 1. CA Act S. 28 regulation amendments to conform to the amended O. Reg. 97/04: Enabling the conservation authority to delegate its powers under the regulation including the power to make positive permit decisions to the conservation authority s executive committee or conservation authority employees. Extending the maximum period of validity of a permit from 24 months to 60 months under certain criteria and conditions. cont d..2

2 S.R.: August 18, 2011 IMS: ACAD19 Page 2 2. MNR promoted amendments that include: An amendment to clarify the intent of the regulation by deleting a clause that has led to legal interpretations of the regulation inconsistent with legislative intent; 3. Housekeeping Amendments confirmed through a survey of conservation authorities by Conservation Ontario in 2010 and considered eligible by the Ministry. Attachment 1 to this report illustrates the recommended additions and deletions to the current O.Reg. 42/06. Attachment 2 to this report illustrates the final draft of the O.Reg. with all amendments incorporated. Process for Approving and Amending Individual CA Act S. 28 Regulations The Ministry requires a resolution of adoption from the Authority Board of Directors in order for the amended O. Reg. to proceed. Following the adoption, the Ministry will review each amendment and provide written notification as to the outcome of their review. When all conservation authority amendments have been reviewed by the Ministry, the consultation and approval process follows these general steps: MNR posts the 36 individual regulations for public consultation on Ontario s Regulatory Registry for 45 days MNR staff compile comments and submissions received and make recommendations based on comments and may consult conservation authorities as required MNR sends the draft proposed 36 regulations to Legislative Counsel to draft new regulations with new numbers MNR sends to the conservation authorities the Legislative Counsel written regulations for conservation authority board review and resolution to approve the proposed amended Regulation Conservation authorities send their board resolution and signed original proposed regulation to MNR MNR submits an approval package for the Minister s consideration If approved by the Minister, each conservation authority will receive a letter to that effect and the new regulations will come into effect when filed and posted on elaws (approx. March, 2012) Staff Comments 4-11 The amendments illustrated in Attachments 1 and 2 to CLOCA s O-Reg 42/06, Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation have been prepared in conformity with the provisions outlined in Section 28 of the Conservation Authorities Act and the amended Ontario Regulation 97/04, and as per the eligible amendments identified by the Ministry of Natural Resources. The recommended amendments to O.Reg 42/06 will assist in streamlining the approval process and add clarity to the intent of certain provisions in the Regulation. The amendment to allow the delegation of positive decisions to staff is in effect very similar to the current protocol that CLOCA adopted in Currently, the only permit applications that are referred to the Authority Board for a decision are those that involve alterations to a watercourse and any application considered to be major development within a flood or erosion hazard. All other routine/minor permit applications are issued by staff and later endorsed by the Board at the subsequent meeting. The amendment will formalize CLOCA s current practice and will allow for continued efficiencies and streamlining in processing permit applications. Once the new O.Reg. comes into effect, staff will prepare a subsequent report advising the Board with recommendations for delegated approvals. cont d.3

3 4-12 S.R.: August 18, 2011 IMS: ACAD19 Page 3 The recommended amendment to allow for extended time periods for permits up to 5 years under specific circumstances will also result in increased efficiency and improved client service while maintaining the integrity of the regulations. Generally, the need to issue a permit beyond two years will be infrequent and will apply to applications such as major infrastructure works spanning over multiple years. All other recommended amendments are meant to clarify the implementation of the regulations and do not alter the intent. For example, the current Regulation contains a provision that has been interpreted incorrectly that development approved under the Planning Act is exempt from requiring permits under the Conservation Authorities Act. The intent was not to allow for a blanket exemption as planning approvals do not necessarily address hydrologic interference and/or site alteration matters. Once the new regulation takes effect, staff will apply the revisions to all permit applications not yet approved. RECOMMENDATION: Whereas a local Conservation Authorities Act Section 28 Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation has been prepared in conformity with the provisions outlined in Section 28 of the Conservation Authorities Act and the amended Ontario Regulation 97/04, and as per the eligible amendments identified by the Ministry of Natural Resources, THEREFORE BE IT RESOLVED THAT the Central Lake Ontario Conservation Authority adopts the proposed amendments to the subject regulation as illustrated in Attachment 1 and 2 to this report, AND THAT the said regulation proposal with eligible amendments be submitted to the Ministry of Natural Resources for review, posting on the Regulation Registry, and depending on the results of the registry posting, for subsequent consideration for approval by the Ministry of Natural Resources, AND THAT a copy of Staff Report # be forwarded to the partner municipalities within CLOCA s watershed. CD/klt s:\reports\2011\sr doc

4 4-13 ATTACHMENT 1 PAGE 1 OF 5 Conservation Authorities Act ONTARIO REGULATION 42/06 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY: REGULATION OF DEVELOPMENT, INTERFERENCE WITH WETLANDS AND ALTERATIONS TO SHORELINES AND WATERCOURSES Definition 1. In this Regulation, Authority means the Central Lake Ontario Conservation Authority. Development prohibited 2. (1) Subject to section 3, no person shall undertake development, or permit another person to undertake development in or on the areas within the jurisdiction of the Authority that are, (a) adjacent or close to the shoreline of the Great Lakes-St. Lawrence River System or to inland lakes that may be affected by flooding, erosion or dynamic beaches, including the area from the furthest offshore extent of the Authority s boundary to the furthest landward extent of the aggregate of the following distances: (i) the 100 Year flood level, plus the appropriate allowance for wave uprush shown in the column headed 100 Year Flood Limit found in Table 7.1 of the document entitled most recent Lake Ontario Shoreline Management Plan, December 1990, which is available at or through the Authority at its head office located at 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 and an allowance to be determined by the Authority for other water related hazards such as ship generated waves and ice jamming. (ii) the predicted long term stable slope projected from the existing stable toe of the slope or from the predicted location of the toe of the slope as that location may have shifted as a result of shoreline erosion over a 100-year period, (iii) where a dynamic beach is associated with the waterfront lands, the appropriate allowance inland to accommodate dynamic beach movement shown in the right-hand column of Table 7.1 of the document entitled most recent Lake Ontario Shoreline Management Plan, December 1990, which is available at or through the Authority at the address given in subclause (i), and (iv) an allowance of 15 metres inland; (b) river or stream valleys that have depressional features associated with a river or stream, whether or not they contain a watercourse, the limits of which are determined in accordance with the following rules: (i) where the river or stream valley is apparent and has stable slopes, the valley extends from the stable top of bank, plus 15 metres, to a similar point on the opposite side, (ii) where the river or stream valley is apparent and has unstable slopes, the valley extends from the predicted long term stable slope projected from the existing stable slope or, if the toe of the slope is unstable, from the predicted location of the toe of the slope as a result of stream erosion over a projected 100-year period, plus 15 metres, to a similar point on the opposite side, (iii) where the river or stream valley is not apparent, the valley extends the greater of, (A) the distance from a point outside the edge of the maximum extent of the flood plain under the applicable flood event standard, plus 15 metres, to a similar point on the opposite side, and (B) the distance from the predicted meander belt of a watercourse, expanded as required to convey the flood flows under the applicable flood event standard, plus 15 metres, to a similar point on the opposite side; (c) hazardous lands; (d) wetlands; or (e) other areas where development could interfere with the hydrologic function of a wetland, including areas within 120 metres of all provincially significant wetlands and wetlands greater than 2 hectares in size, and areas within 30 metres of wetlands less than 2 hectares in size, but not including those where development has been approved pursuant to an application made under the Planning Act or other public planning or regulatory process.

5 4-14 ATTACHMENT 1 PAGE 2 OF 5 (2) The areas described in subsection (1) are the areas referred to in section 12 except that, in case of a conflict, the description of the areas provided in subsection (1) prevails over the descriptions referred to in that section. Areas included in the Regulation Limit 12. Hazardous lands, wetlands, shorelines and areas susceptible to flooding, and associated allowances, within the watersheds that are within the area of jurisdiction of the Authority, including the allowance associated with the areas, are delineated by the Regulation Limit shown on maps 1 to 31 dated May 2005 a series of maps and filed at the head office of the Authority at 100 Whiting Avenue, Oshawa, Ontario under the map title Ontario Regulation 97/04: Regulation for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. (previous subsection (12) (3) If there is a conflict between the description of areas in subsection (1) and the areas as shown on the series of maps referred to in subsection (2), the description of the areas in subsection (1) prevails. (previous subsection 2(2)) (4) The applicable flood event standards used to determine the maximum susceptibility to flooding of lands or areas within the watersheds in the area of jurisdiction of the Authority are the Hurricane Hazel Flood Event Standard, the 100 Year Flood Event Standard and the 100 Year flood level plus wave uprush, described in the Schedule. (previous subsection 11) (a) in the case of Pringle Creek and Darlington Creek, the 100 Year Flood Event Standard described in the Schedule to this Regulation; (b) in the case of Lake Ontario, the 100 Year flood level plus wave uprush described in the Schedule to this Regulation; and (b) in all other cases, the Hurricane Hazel Flood Event Standard described in the Schedule to this Regulation. Permission to develop 3. (1) The Authority may grant permission for development in or on the areas described in subsection 2 (1) if, in its opinion, the control of flooding, erosion, dynamic beaches, pollution or the conservation of land will not be affected by the development. (2) The permission of the Authority shall be given in writing, with or without conditions. (3) The Authority may designate the Authority s executive committee or one or more of its employees as a Regulation Approval Officer and that employee or employees may exercise the powers and duties of the Authority under subsection (1) and (2) with respect to the granting of permissions for development in or on the areas described in subsection 2 (1). Application for permission 4. A signed application for permission to undertake development shall be An application for permission to undertake a development in or on an area described in subsection 2 (1) shall be signed by the owner of the land on which the development is proposed or his or her agent and filed with the Authority and shall contain the following information: 1. Four copies of a plan of the area showing the type and location of the development. 2. The proposed use of the buildings and structures following completion of the development. 3. The start and completion dates of the development. 4. The elevations of existing buildings, if any, and grades and the proposed elevations of buildings and grades after development. 5. Drainage details before and after development. 6. A complete description of the type of fill proposed to be placed or dumped. 7. Such other studies or plans requested by the Authority. Alterations prohibited 5. Subject to section 6, no person shall straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse or change or interfere in any way with a wetland. Permission to alter 6. (1) The Authority may grant a person permission to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or to change or interfere with a wetland. (2) The permission of the Authority shall be given in writing, with or without conditions. (3) The Authority may designate the Authority s executive committee or one or more of its employees as a Regulation Approval Officer and that employee or employees may exercise the powers and duties of the Authority under subsection (1) and (2) with respect to the granting of permissions for alterations in or on the areas described in subsection 6 (1).

6 Application for permission ATTACHMENT 1 PAGE 3 OF 5 7. A signed application for permission to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or change or interfere with a wetland shall be An application for permission to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or change or interfere with a wetland shall be signed by the owner of the land on which the affected river, creek, stream or watercourse or wetland is situated, or his or her agent, and filed with the Authority and shall contain the following information: 1. Four copies of a plan of the area showing plan view and cross-section details of the proposed alteration. 2. A description of the methods to be used in carrying out the alteration. 3. The start and completion dates of the alteration. 4. A statement of the purpose of the alteration. 5. Such other technical studies or plans requested by the Authority. Cancellation of permission 8. (1) The Authority may cancel a permission if it is of the opinion that the conditions of the permission have not been met. (2) Before cancelling a permission, the Authority shall give a notice of intent to cancel to the holder of the permission indicating that the permission will be cancelled unless the holder shows cause at a hearing why the permission should not be cancelled. (3) Following the giving of the notice, the Authority shall give the holder at least five days notice of the date of the hearing. Validity of permissions and extensions (1) A permission of the Authority is valid for a maximum period of 24 months after it is issued, unless it is specified to expire at an earlier date. The maximum period, including any extensions, for which a permission granted under section 3 or 6 may be valid is, (a) 24 months, in the case of a permission granted for projects other than projects described in clause (b); and (b) 60 months, in the case of permissions granted for, (i) projects that, in the opinion of the authority, cannot reasonably be completed within 24 months from the day the permission is granted, or (ii) projects that require permits or approvals from other regulatory bodies that, in the opinion of the authority, cannot reasonably be obtained within 24 months from the day the permission is granted. (2) A permission may be granted for an initial period that is less than the maximum period specified in subsection (1) where, in the opinion of the authority, the project can be completed in less than 24 months. (3) A permission granted for less than the maximum period of validity may be extended to the maximum period if, (a) the person who was granted the permission submits a written application for the extension to the Authority at least 60 days before the expiry of the permission; (b) the application sets out the reasons why the extension is required and demonstrates that circumstances beyond the control of the person granted the permission prevented completion of the project within the initial period. (2) A permission shall not be extended. Appointment of officers 10. The Authority may appoint officers to enforce this Regulation. Flood event standards 11. (1) The applicable flood event standards used to determine the maximum susceptibility to flooding of lands or areas within the watersheds in the area of jurisdiction of the Authority are the Hurricane Hazel Flood Event Standard, the 100 Year Flood Event Standard and the 100 Year flood level plus wave uprush, described in the Schedule. (2) The Hurricane Hazel Flood Event Standard applies to all watersheds within the area of jurisdiction of the Authority except for, (a) Pringle Creek and Darlington Creek where the 100 Year Flood Event Standard applies; and (b) Lake Ontario in the Great Lakes-St. Lawrence River System where the 100 Year flood level plus wave uprush applies. Areas included in the Regulation Limit 12. Hazardous lands, wetlands, shorelines and areas susceptible to flooding, and associated allowances, within the watersheds in the area of jurisdiction of the Authority are delineated by the Regulation Limit shown on maps 1 to 31 dated May 2005 and filed at the head office of the Authority at 100 Whiting Avenue, Oshawa, Ontario under the map title Ontario Regulation 97/04: Regulation for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. (moved to Section 2)

7 4-16 SCHEDULE ATTACHMENT 1 PAGE 4 OF 5 FLOOD EVENT STANDARDS 1. The Hurricane Hazel Flood Event Standard means a storm that produces over a 48-hour period, (a) in a drainage area of 25 square kilometres or less, rainfall that has the distribution set out in Table 1; or (b) in a drainage area of more than 25 square kilometres, rainfall such that the number of millimetres of rain referred to in each case in Table 1 shall be modified by the percentage amount shown in Column 2 of Table 2 opposite the size of the drainage area set out opposite thereto in Column 1 of Table millimetres of rain in the first 36 hours 6 millimetres of rain in the 37th hour 4 millimetres of rain in the 38th hour 6 millimetres of rain in the 39th hour 13 millimetres of rain in the 40th hour 17 millimetres of rain in the 41st hour 13 millimetres of rain in the 42nd hour 23 millimetres of rain in the 43rd hour 13 millimetres of rain in the 44th hour 13 millimetres of rain in the 45th hour 53 millimetres of rain in the 46th hour 38 millimetres of rain in the 47th hour 13 millimetres of rain in the 48th hour TABLE 1 TABLE 2 Column 1 Column 2 Drainage Area (square kilometres) Percentage 26 to 45 both inclusive to 65 both inclusive to 90 both inclusive to 115 both inclusive to 140 both inclusive to 165 both inclusive to 195 both inclusive to 220 both inclusive to 245 both inclusive to 270 both inclusive to 450 both inclusive to 575 both inclusive to 700 both inclusive to 850 both inclusive to 1000 both inclusive to 1200 both inclusive to 1500 both inclusive to 1700 both inclusive to 2000 both inclusive to 2200 both inclusive to 2500 both inclusive to 2700 both inclusive to 4500 both inclusive to 6000 both inclusive to 7000 both inclusive to 8000 both inclusive The 100 Year Flood Event Standard means rainfall or snowmelt, or a combination of rainfall and snowmelt, that has a probability of occurrence of one per cent during any given year. 3. The 100 Year flood level means the peak instantaneous still water level plus an allowance for wave uprush and other waterrelated hazards that has a probability of occurrence of one per cent during any given year.

8 4-17 ATTACHMENT 1 PAGE 5 OF 5 Revocation 11. Ontario Regulation 42/06 is revoked. Commencement 12. This Regulation comes into force on the day it is filed.

9 4-18 ATTACHMENT 2 PAGE 1 OF 4 Conservation Authorities Act ONTARIO REGULATION CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY: REGULATION OF DEVELOPMENT, INTERFERENCE WITH WETLANDS AND ALTERATIONS TO SHORELINES AND WATERCOURSES Definition 1. In this Regulation, Authority means the Central Lake Ontario Conservation Authority. Development prohibited 2. (1) Subject to section 3, no person shall undertake development, or permit another person to undertake development in or on the areas within the jurisdiction of the Authority that are, (a) adjacent or close to the shoreline of the Great Lakes-St. Lawrence River System or to inland lakes that may be affected by flooding, erosion or dynamic beaches, including the area from the furthest offshore extent of the Authority s boundary to the furthest landward extent of the aggregate of the following distances: (i) the 100 Year flood level, plus the appropriate allowance for wave uprush shown in the column headed 100 Year Flood Limit found in Table 7.1 of the most recent Lake Ontario Shoreline Management Plan, which is available at or through the Authority at its head office located at 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 and an allowance to be determined by the Authority for other water related hazards such as ship generated waves and ice jamming. (ii) the predicted long term stable slope projected from the existing stable toe of the slope or from the predicted location of the toe of the slope as that location may have shifted as a result of shoreline erosion over a 100-year period, (iii) where a dynamic beach is associated with the waterfront lands, the appropriate allowance inland to accommodate dynamic beach movement shown in the right-hand column of Table 7.1 of the most recent Lake Ontario Shoreline Management Plan, which is available at or through the Authority at the address given in subclause (i), and (iv) an allowance of 15 metres inland; (b) river or stream valleys that have depressional features associated with a river or stream, whether or not they contain a watercourse, the limits of which are determined in accordance with the following rules: (i) where the river or stream valley is apparent and has stable slopes, the valley extends from the stable top of bank, plus 15 metres, to a similar point on the opposite side, (ii) where the river or stream valley is apparent and has unstable slopes, the valley extends from the predicted long term stable slope projected from the existing stable slope or, if the toe of the slope is unstable, from the predicted location of the toe of the slope as a result of stream erosion over a projected 100-year period, plus 15 metres, to a similar point on the opposite side, (iii) where the river or stream valley is not apparent, the valley extends the greater of, (A) the distance from a point outside the edge of the maximum extent of the flood plain under the applicable flood event standard, plus 15 metres, to a similar point on the opposite side, and (B) the distance from the predicted meander belt of a watercourse, expanded as required to convey the flood flows under the applicable flood event standard, plus 15 metres, to a similar point on the opposite side; (c) hazardous lands; (d) wetlands; or (e) other areas where development could interfere with the hydrologic function of a wetland, including areas within 120 metres of all provincially significant wetlands and wetlands greater than 2 hectares in size, and areas within 30 metres of wetlands less than 2 hectares in size. (2) The areas described in subsection (1) that are within the jurisdiction of the Authority, including the allowance associated with the areas, are delineated by the Regulation Limit shown on a series of maps filed at the head office of the Authority at 100 Whiting Avenue, Oshawa, Ontario under the map title Ontario Regulation 97/04: Regulation for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses.

10 4-19 ATTACHMENT 2 PAGE 2 OF 4 (3) If there is a conflict between the description of areas in subsection (1) and the areas as shown on the series of maps referred to in subsection (2), the description of the areas in subsection (1) prevails. (4) The applicable flood event standards used to determine the maximum susceptibility to flooding of lands or areas within the watersheds in the area of jurisdiction of the Authority are: (a) in the case of Pringle Creek and Darlington Creek, the 100 Year Flood Event Standard described in the Schedule to this Regulation; (b) in the case of Lake Ontario, the 100 Year flood level plus wave uprush described in the Schedule to this Regulation; and (b) in all other cases, the Hurricane Hazel Flood Event Standard described in the Schedule to this Regulation. Permission to develop 3. (1) The Authority may grant permission for development in or on the areas described in subsection 2 (1) if, in its opinion, the control of flooding, erosion, dynamic beaches, pollution or the conservation of land will not be affected by the development. (2) The permission of the Authority shall be given in writing, with or without conditions. (3) The Authority may designate the Authority s executive committee or one or more of its employees as a Regulation Approval Officer and that employee or employees may exercise the powers and duties of the Authority under subsection (1) and (2) with respect to the granting of permissions for development in or on the areas described in subsection 2 (1). Application for permission 4. An application for permission to undertake a development in or on an area described in subsection 2 (1) shall be signed by the owner of the land on which the development is proposed or his or her agent and filed with the Authority and shall contain the following information: 1. Four copies of a plan of the area showing the type and location of the development. 2. The proposed use of the buildings and structures following completion of the development. 3. The start and completion dates of the development. 4. The elevations of existing buildings, if any, and grades and the proposed elevations of buildings and grades after development. 5. Drainage details before and after development. 6. A complete description of the type of fill proposed to be placed or dumped. 7. Such other studies or plans requested by the Authority. Alterations prohibited 5. Subject to section 6, no person shall straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse or change or interfere in any way with a wetland. Permission to alter 6. (1) The Authority may grant a person permission to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or to change or interfere with a wetland. (2) The permission of the Authority shall be given in writing, with or without conditions. (3) The Authority may designate the Authority s executive committee or one or more of its employees as a Regulation Approval Officer and that employee or employees may exercise the powers and duties of the Authority under subsection (1) and (2) with respect to the granting of permissions for alterations in or on the areas described in subsection 6 (1). Application for permission 7. An application for permission to straighten, change, divert or interfere with the existing channel of a river, creek, stream or watercourse or change or interfere with a wetland shall be signed by the owner of the land on which the affected river, creek, stream or watercourse or wetland is situated, or his or her agent, and filed with the Authority and shall contain the following information: 1. Four copies of a plan of the area showing plan view and cross-section details of the proposed alteration. 2. A description of the methods to be used in carrying out the alteration. 3. The start and completion dates of the alteration.

11 4. A statement of the purpose of the alteration. 5. Such other technical studies or plans requested by the Authority. Cancellation of permission ATTACHMENT 2 PAGE 3 OF 4 8. (1) The Authority may cancel a permission if it is of the opinion that the conditions of the permission have not been met. (2) Before cancelling a permission, the Authority shall give a notice of intent to cancel to the holder of the permission indicating that the permission will be cancelled unless the holder shows cause at a hearing why the permission should not be cancelled. (3) Following the giving of the notice, the Authority shall give the holder at least five days notice of the date of the hearing. Validity of permissions and extensions (1) The maximum period, including any extensions, for which a permission granted under section 3 or 6 may be valid is, (a) 24 months, in the case of a permission granted for projects other than projects described in clause (b); and (b) 60 months, in the case of permissions granted for, (i) projects that, in the opinion of the authority, cannot reasonably be completed within 24 months from the day the permission is granted, or (ii) projects that require permits or approvals from other regulatory bodies that, in the opinion of the authority, cannot reasonably be obtained within 24 months from the day the permission is granted. (2) A permission may be granted for an initial period that is less than the maximum period specified in subsection (1) where, in the opinion of the authority, the project can be completed in less than 24 months. (3) A permission granted for less than the maximum period of validity may be extended to the maximum period if, (a) the person who was granted the permission submits a written application for the extension to the Authority at least 60 days before the expiry of the permission; (b) the application sets out the reasons why the extension is required and demonstrates that circumstances beyond the control of the person granted the permission prevented completion of the project within the initial period. Appointment of officers 10. The Authority may appoint officers to enforce this Regulation. SCHEDULE FLOOD EVENT STANDARDS 1. The Hurricane Hazel Flood Event Standard means a storm that produces over a 48-hour period, (a) in a drainage area of 25 square kilometres or less, rainfall that has the distribution set out in Table 1; or (b) in a drainage area of more than 25 square kilometres, rainfall such that the number of millimetres of rain referred to in each case in Table 1 shall be modified by the percentage amount shown in Column 2 of Table 2 opposite the size of the drainage area set out opposite thereto in Column 1 of Table millimetres of rain in the first 36 hours 6 millimetres of rain in the 37th hour 4 millimetres of rain in the 38th hour 6 millimetres of rain in the 39th hour 13 millimetres of rain in the 40th hour 17 millimetres of rain in the 41st hour 13 millimetres of rain in the 42nd hour 23 millimetres of rain in the 43rd hour 13 millimetres of rain in the 44th hour 13 millimetres of rain in the 45th hour 53 millimetres of rain in the 46th hour 38 millimetres of rain in the 47th hour 13 millimetres of rain in the 48th hour TABLE 1

12 4-21 ATTACHMENT 2 PAGE 4 OF 4 TABLE 2 Column 1 Column 2 Drainage Area (square kilometres) Percentage 26 to 45 both inclusive to 65 both inclusive to 90 both inclusive to 115 both inclusive to 140 both inclusive to 165 both inclusive to 195 both inclusive to 220 both inclusive to 245 both inclusive to 270 both inclusive to 450 both inclusive to 575 both inclusive to 700 both inclusive to 850 both inclusive to 1000 both inclusive to 1200 both inclusive to 1500 both inclusive to 1700 both inclusive to 2000 both inclusive to 2200 both inclusive to 2500 both inclusive to 2700 both inclusive to 4500 both inclusive to 6000 both inclusive to 7000 both inclusive to 8000 both inclusive The 100 Year Flood Event Standard means rainfall or snowmelt, or a combination of rainfall and snowmelt, that has a probability of occurrence of one per cent during any given year. 3. The 100 Year flood level means the peak instantaneous still water level plus an allowance for wave uprush and other waterrelated hazards that has a probability of occurrence of one per cent during any given year. Revocation 11. Ontario Regulation 42/06 is revoked. Commencement 12. This Regulation comes into force on the day it is filed. CD/klt