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HomeMy WebLinkAboutFlood Control & Water Conservation Advisory Board 1968Metropolitan 7oronto and Ieeion Coiaierva1jon Athoritv MINUTES C -1 Flood Control & Water Conservation Adv. Board Thur - May -16 -196$ #1/68 The Flood Control and Water Conservation Advisory Board met in the Board Room, 17 Mill Street on Thursday, May 16, 1968, commencing at 2:00 p.m. PRESENT WERE Chairman Vice - Chairman Members Authority Chairman Secretary - Treasurer Director of Operations Adm. - F.C. & W.C. Div. ABSENT WERE Members MINUTES R.G. Henderson A. O'Donohue C.A. Balsdon W.C. Davidson Mrs. N. Horwood C.F. Kline F.J. McKechnie W.G. Parsons K.G. Waters Dr. G. Ross Lord F.L. Lunn K.G. Higgs E.F. Sutter E.A. Horton P. Hunt J.L. Mould J.A. Wm. Whiteacre, Q.C. J.R. Williams The Minutes of Meeting #3/67 were presented. Res. #1 Moved by: C.F. Kline Seconded by: W.C. Davidson RESOLVED THAT: The Minutes of Meeting #3/67, as presented, be adopted. CARRIED UNANIMOUSLY: STAFF PROGRESS REPORT Mr. Sutter presented the Staff Progress Report for the Division for the period January 1 to April 30, 1968. Res. #2 Moved by: Seconded by: C.A. Balsdon Mrs. N. Horwood RESOLVED THAT: The Staff Progress Report for the period January 1 to April 30, 1968, be received and filed. CARRIED UNANIMOUSLY; PRELIMINARY ENGINEERING STUDY FOR EROSION CONTROL - ROUGE RIVER A communication and proposal was presented having regard to a preliminary engineering study for erosion control on the Rouge River in the vicinity of West Point Crescent. Res. #3 Moved by: C.F. Kline Seconded by: A. O'Donohue C -2 -2- RESOLVED THAT: The communication and Engineers' proposal having regard to an Engineering Study for Erosion Control at West Point Crescent, Rouge River, be received; and further in this connection, THE BOARD RECOMMENDS THAT: In connection with the Engineering Study for Erosion Control at West Point Crescent, Rouge River, the following action be taken: (a) The Township of Pickering be advised that a preliminary engineering study for the problem referred to in their communication of April L1., 1968, could be undertaken at a cost not to exceed $8,000.00; (b) Subject to the Township of Pickering requesting this preliminary study and agreeing to assume the Authority's share, or 25% of the cost, the Minister of Energy and Resources Management be requested to approve the study and a grant of 75% of the cost thereof. CARRIED UNANIMOUSLY; PRELIMINARY ENGINEERING STUDY ETOBICOKE CREEK A communication from the Township of Chinguacousy was presented, enclos- ing a Report adopted by Council, requesting that the Authority give consideration to carrying out an engineering study of flood control problem on the Etobicoke Creek in the Township of Chinguacousy. Res. #4 Moved by: K.G. Waters Seconded by: Mrs. N. Horwood RESOLVED THAT: The communication and Engineers' report in connection with an engineering study of flood control on the Etobicoke Creek in the Township of Chinguacousy be received; and further THE BOARD RECOMMENDS THAT: In connection with the Engineering Study of Flood Control on the Etobicoke Creek in the Township of Chinguacousy, the following action be taken: (a) The Township of Chinguacousy be advised that a preliminary engineer- ing study of the problem referred to in their communication of April L., 1968, could be undertaken at a cost not to exceed $3,000.00; (b) Subject to the Township of Chinguacousy requesting this preliminary study and agreeing to assume the Authority's share or 25% of the cost, the Minister of Energy and Resources Management be requested to approve the study and a grant of 75% of the cost thereof. CARRIED UNANIMOUSLY; PRELIMINARY ENGINEERING STUDY VILLAGE OF CALEDON EAST Mr. D. Sexsmith of the firm James F. Mac Laren Limited, presented a Report on the Preliminary Engineering Study for Flood Control purposes carried out in the Village of Caledon East. Res. #5 Moved by: C.F. Kline Seconded by�: Dr. G. Ross Lord RESOLVED THAT: The Preliminary Engineering Report for Flood Control in the Village of Caledon East, as prepared by the firm of James F. MacLaren Limited, be received; and further in this connection THE BOARD RECOMMENDS THAT: In connection with the Preliminary Engineer- ing Report for Flood Control in the Village of Caledon East, as prepared by the firm of James F. MacLaren Limited, the following action be taken: (a) A committee of R.G. Henderson and C.F. Kline be appointed and that they be directed to present this Report to the Village of Caledon East. CARRIED UNANIMOUSLY; -3- C -3 FLOOD CONTROL - HUMBER RIVER AT BOLTON A communication from the Village of Bolton and a Staff Report having regard to a flood control problem on the Humber River in the Village of Bolton was presented, Res. #6 Moved by: K.G. Waters Seconded by: C.A. Balsdon RESOLVED THAT: The Staff Report on Flood in the Village of Bolton be received; and THE BOARD RECOMMENDS THAT: Kline meet with the Council to review the flood control Bolton. Control on the Humber River further in this connection A Committee of R.G. Henderson and C.F. of The Corporation of the Village of Bolton problem on the Humber River, Village of CARRIED UNANIMOUSLY; SCHEME W.C.44 - "A SCHEME FOR CHANNEL IMPROVEMENTS - HUMBER RIVER FROM BLACK CREEK TO SCARLETT ROAD" A Report was presented advising that the costs of carrying out Scheme W.C.4!1. - "A Scheme for Channel Improvements - Humber River, from Black Creek to Scarlett Road" have exceeded the original estimates by approximately $30,000.00. The matter was discussed at some length. Res. #7 Moved by: W.G. Parsons Seconded by: Mrs. N. Horwood RESOLVED THAT: The Staff Report on Scheme W.C.44 - "A Scheme for Channel Improvements - Humber River, From Black Creek To Scarlett Road" be received; and further in this connection THE BOARD RECOMMENDS THAT: The Municipality of Metropolitan Toronto be advised that the cost of carrying out Scheme W.C.L4.4 - "A Scheme for Channel Improvements - Humber River, from Black Creek to Scarlett Road" has exceeded the original estimate by some $30,000.00; and that they be further advised that it will be necessary for the Authority to levy the said Municipality an additional $15,000.00, being 50% of the additional costs; and further THAT the Minister of Energy and Resources Management be requested for a grant of a similar amount to cover the additional expenditures involved. CARRIED UNANIMOUSLY; ADJOURNMENT On Motion, the Meeting adjourned at 4:00 p.m , May 16, to visit the works under progress in the York Mills Channel. R,G. Henderson F.L. Lunn Chairman Secretary- Treasurer Metropolitan, Y001t0 and Region c_,, Coneruatjon ...Authority MINUTES Flood Control & Water Conservation Adv.Board Fri- Sept -20 -1968 #2/68 The Flood Control and Water Conservation Advisory Board met in the Board Room, 17 Mill. Street on Friday, September 20, 1968, commencing at 2:00 p.m. PRESENT WERE Chairman R.G. Henderson Vice- Chairman A. O'Donohue Members C.A. Balsdon W.C. Davidson E.A. Horton C.F. Kline F.J. McKechnie K.G. Waters J.A. Wm. Whiteacre, Q.C. Secretary - Treasurer F.L. Lunn Director of Operations K.G. Higgs Adm. - F.C. & W.C. Div. E.F. Sutter ABSENT WERE Members Mrs. N. Horwood P. Hunt J.L. Mould W.G. Parsons J.R. Williams MINUTES The Minutes of Meeting #1/68 were presented. Res. #8 Moved by: K.G. Waters Seconded by: C.A. Balsdon RESOLVED THAT: The Minutes of Meeting ##1/68, as presented, be adopted. CARRIED UNANIMOUSLY; STAFF PROGRESS REPORT Mr. Sutter presented the Staff Progress Report for the Division for the period May to August, 1968. Res. #9 Moved by: E.A. Horton Seconded by: C.F. Kline RESOLVED THAT: The Staff Progress Report for the period May to August, 1968, be received and filed. CARRIED UNANIMOUSLY; PRELIMINARY ENGINEERING REPORT ETOBICOKE CREEK CHANNELIZATION AT HIGHWAY NO. 5 A representative of M.M. Dillon Limited, Consulting Engineers, presented a Preliminary Engineering Report on the Channelization of the Etobicoke Creek at Highway No. 5. The Report was discussed in some detail. Res. #10 Moved by: F.J. McKechnie Seconded by: C.F. Kline C -5 -2- RESOLVED THAT: The Preliminary Engineering Report on the Channelization of the Etobicoke Creek at Highway No. 5, as presented by M.M. Dillon Limited, be received; and THE BOARD RECOMMENDS THAT: The following action be taken: (a) A Committee be appointed to present this Report to the Councils of The Town of Mississauga and The Municipality of Metropolitan Toronto; and further (b) That the Clerk of the Borough of Etobicoke be notified. CARRIED UNANIMOUSLY; Res. #11 Moved by: F.J. McKechnie Seconded by A. O'Donohue RESOLVED THAT: The Consultants, M.M. Dillon Limited, be requested to review page 16 of the Preliminary Engineering Report, Etobicoke Creek at Highway No. 5 with regard to the valuation of lands in the area prior to presenting the Report to the municipalities. CARRIED UNANIMOUSLY; ONTARIO REGULATION #253/64 A Staff Report having regard to the present Authority Fill Regulations was presented. Res. #12 Moved by: C.F. Kline Seconded by: C.A. Balsdon RESOLVED THAT: The Staff Report concerning Ontario Regulation #253/64 be received and appended as Schedule "A" of these Minutes; and further, THE BOARD RECOMMENDS THAT: The following action be taken: (A) THAT no representation be made at this time for amendment to The Conservation Authorities Act, but that such possibility be con- sidered for the future when revisions to the Act are being contemplated; (B) THAT Ontario Regulation #253/64 be amended to read as follows: REGULATION MADE UNDER THE CONSERVATION AUTHORITIES ACT - 196$ FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS 1. In this Regulation, (a) "Authority" means The Metropolitan Toronto and Region Conservation Authority; (b) "building or structure" means a building or structure of any kind; (c) "fill" means earth, sand, gravel, rubble, rubbish, garbage, or any other material whether similar to or different from any of the aforementioned materials, used or capable of being used to raise, lower or in any way affect the contours of the ground; (d) "Fill Line" means any line designated as such on the Schedule, (e) "river ", "creek ", "stream" or "watercourse" means any river, creek, stream or watercourse under the jurisdiction of the Authority. 2. The areas delineated on the Schedules by the Fill Lines and coloured red are areas in which, in the opinion of the Authority, -3- C.-.6 the control of flooding or pollution or the conservation of land may be affected by the placing or dumping of fill, 3. Subject to section 4, no person shall, (a) construct any building or structure or permit any building or structure to be constructed in or on a pond or swamp or in any area below the high -water mark of a lake, river, creek or stream in or on the area under the jurisdiction of the Authority; (b) place or dump fill or permit fill to be placed or damped in the areas delineated on the Schedules by the Fill Lines and coloured red, whether such fill is already located in or upon such area, or brought to or on such area from some other place or places; (c) straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse in or on the area under the jurisdiction of the Autnor•ity; 4. Subject to The Ontario Water Resources Commission Act or to any private interest, the Authority may permit in writing the con- struction of any building or structure or the placing or dumping of fill in any area to which section 3 applies if, in the opinion of the Authority, the site of the building or structure or the placing or dumping and the method of construction or placing or dumping will not affect the control of flooding or pollution or the conservation of land. 5. No person shall commence to construct any building or structure or dump or place fill in any area to which section 3 applies before the permission required by section 4 has been obtained, 6. (1) A signed application for permission to construct a building or structure shall be filed with the Authority and shall includes (a) four copies of a plan of the property showing the proposed location of the building or structure, its elevation and the proposed final grade plan; (b) four copies of a complete description of the type of building or structure to be constructed, including drainage details; (c) four copies of a statement of the dates between which the construction will be carried out; and (d) four copies of a statement of the proposed use of the building or structure following completion of the construction., (2) A signed application for permission to place or dump fill shall be filed with the Authority and shall include: (a) four copies of a plan of the property on which the fill is to be placed, showing the proposed location of filling, the depth to which it is proposed to fill and the proposed final grade of the land when filling is completed; (b) four copies of a complete description of the type of fill proposed to be placed or dumped; (c) four copies of a statement of the dates between which the placing or dumping will be carried out; (d) four copies of a statement of the proposed use of the land following completion of placing or dumping; and C -7 (3) -4- (e) a bond in the form annexed as Appendix "A" to this Regulation. A signed application for permission to straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse shall be filed with the Authority and shall include: f our view ing, copies of a plan on which shall be shown in plan and cross section the details of such straighten - change, diversion or interference; four copies of a statement of the dates between which the straightening, changing, diverting or interfering will be carried out; (c) four copies of a statement of the purpose of the proposed work; and (d) a bond in the form annexed as Appendix Regulation. 7 The Authority may, at any time, withdraw any permission given under Section 4 if, in the opinion of the Authority, the re- presentations contained in the application for the permission are not carried out. to A" to this $. Ontario Regulation 253/64 is revoked. (C) The following Administrative Procedures will be adopted: The Director of Operations, the Administrator of Flood Control and Water Conservation and the Chief Patrol Officer are hereby appointed as Officers to enforce the Regulation of the Authority pertaining to the dumping of fill, the construction of buildings or structures in defined areas, and the straightening, changing, diversion or inter- ference in any way with the existing channel of a river, creek, stream or watercourse in or on the area under the jurisdiction of the Authority; and further, that the duties of the Officers shall be: (1) To enforce the Regulation; (2) To investigate complaints and make observations regarding the placing or dumping of fill within the area designated by the Schedules, the construction of buildings or structures in defined areas, and the straightening, changing, diversion or interference in any way with the existing channel of a river, creek, stream or watercourse in or on the area under the jurisdiction of the Authority; and take the necessary and proper action to abate nuisances therefrom; To issue permits and notices under this Regulation and to keep records of applications, plans, specifications, permits, violations, complaints and other matters on file for Authority purposes only; To examine the site, the plans and the specifications accompany- ing all applications for permits which meet the requirements of this Regulation; (3) To inspect all areas where permits have been issued; To enlist the co- operation of civic, groups and individuals in respect to this Regulation. technical and contractor the administration of CARRIED UNANIMOUSLY; 1? -5- C -8 1969 PRELIMINARY BUDGET ESTIMATES A Staff communication was presented, itemizing Budget requirements for 1969. Res. #13 Moved by: K.G. Waters ' Seconded by: P.J. McKechnie RESOLVED THAT: The Staff communication with regard to Budget require- ments for 1969 be received; and THE BOARD RECOMMENDS THAT: The following items be included in the 1969 Budget of the Authority: General Water Control Schemes Scheme W.C.Sc. - Flood Plain Land Acquisition Thornhill area Scheme W.C.41 - Stouffville Dam & Reservoir Scheme W.C.47 - Telemetering Pilot Study Maintenance of Water Control Structures Operation of Flood Warning System Claireville Dam & Reservoir Albion Hills Dam Bruce's Mill Dam Woodbridge Channel Milne Dam Stouffville Dam Brampton Diversion Lower Humber Channel Massey Creek Channel Black Creek Channel Highland Creek Channel York Mills Channel Goodwood Pumping Station General Maintenance PROPOSED MEETING RE EXPANSION OF TORONTO INTERNATIONAL AIRPORT $ 50,000 00 50,000.00 4,000.00 $ 104,000,00 $ 2,800,00 12, 900, 00 500.00 500,00 10,000,00 500.00 200,00 1,000.00 1,000.00 2,000.00 4,000.00 2,000,00 2,000,00 500.00 2,000,00 $ 41,900.00 CARRIED UNANIMOUSLY; Res. #14 Moved by: F.J. McKechnie Seconded by: W.C. Davidson RESOLVED THAT: The Chairman attempt to make arrangements with the Department of Municipal Affairs to permit a representative of the Board to attend the meeting being held on September 30, 1968 regarding the proposed expansion of Toronto International Airport, CARRIED UNANIMOUSLY; PROPOSED STUDY BY CONSULTANTS RE CONTROL OF EROSION Res. #15 Moved by: A, O'Donohue Seconded by: K.G. Waters RESOLVED THAT: The report on prepared by Mr. O'Donohue, be Meeting of this Board. CARRIED UNANIMOUSLY; a Proposed Study of Erosion Control, received and be considered at the next C -9 -6- ADJOURNMENT On Motion, the Meeting adjourned at 4:15 p.m., September 20. R.G. Henderson F.L. Lunn Chairman Secretary- Treasurer Schedule "A" TO: Flood Control and Water Conservation Advisory Board -- #2/68. RE: Ontario Regulation 253/64: C -10 Ontario Regulation 253 /64 gives the Authority power to regulate placing or dumping of fill and construction of structures in certain areas under the jurisdiction of the Authority. This Regulation was adopted by the Authority on February 21, 1964 (Meeting #2/64), and was approved by the Registrar of Regulations on October 1, 1964. The Regulation, as adopted, reads as follows: REGULATION MADE UNDER THE CONSERVATION AUTHORITIES ACT FILL AND CONSTRUCTION 1. In this Regulation, (a) "Authority' means The Metropolitan Toronto and Region Conservation Authority; (b) "building or structure" means a building or structure of any kind; (c) "fill" means fill of any kind. 2. The areas described in the schedules are areas in which in the opinion of the Authority the control of flooding or pollution or the conservation of land may be affected by the placing or dumping of fill. 3. Subject to section 4, no person shall, (a) construct any building or structure or permit any building or structure to be constructed in or on a pond or swamp or in any area below the high -water mark of a lake, river, creek or stream in or on the area under the jurisdiction of the Authority; (b) place or dump fill or permit fill to be placed or dumped in the areas described in the schedules. 4. Subject to The Ontario Water Resources Commission Act or to any private interest, the Authority may permit in writing the construction of any building or structure or the placing or dumping of fill in any area to which section 3 applies if, in the opinion of the Authority, the site of the building or structure or the placing or dumping and the method of construction or placing or dumping will not affect the control of flooding or pollution or the conservation of land. 5. No person shall commence to construct any building or structure or dump or place fill in any area to which section 3 applies before the permission required by section 4 has been obtained. 6. (1) A signed application for permission to construct a building or structure shall be filed with the Authority and shall include, (a) four copies of a plan of the property showing the proposed location of the building or structure, its elevation and the proposed final grade plan; (b) four copies of a complete description of the type of building or structure to be constructed, including drainage details; (c) four copies of a statement of the dates between which the construction will be carried out; and (d) four copies of a statement of the proposed use of the building or structure following completion of the construction. C -11 RE: Ontario Regulation 253/64. 2. (2) A signed application for permission to place or dump fill shall be filed with the Authority and shall include, (a) four copies of a plan of the property on which the fill is to be placed, showing the proposed location of filling, the depth to which it is proposed to fill and the proposed final grade of the land when filling is completed; (b) four copies of a complete description of the type of fill proposed to be placed or dumped; (c) four copies of a statement of the dates between which the placing or dumping will be carried out; and (d) four copies of a statement of the proposed use of the land following completion of placing or dumping. 7. The Authority may, at any time, withdraw any permission given under section 4 if, in the opinion of the Authority, the representations contained in the application for the permission are not carried out. $. Ontario Regulation 136/61 is revoked. At the time this Regulation was adopted, the following administrative procedures were also adopted: "The Director of Operations, the Assistant Director of Operations and the Chief Conservation Patrol Officer are hereby appointed as Officers to enforce the Regulation of the Authority pertaining to the dumping of fill and construction in areas defined; and further, that the duties of the Officers shall he: (1) To enforce the Regulation; (2) To investigate complaints and make observations rr %csarding the construction of buildings or structures, or the placing or dumping of fill within the area designated by Schedule "A" of the Regulation; and take the necessary and proper actions to abate nuisances therefrom; To issue permits and notices under this Regulation and to keep records of applications, plans, specifications, permits, violations, complaints, and other matters on file for Authority purposes only; To examine the site, plans and specifications accompanying all applications for permits which meet the requirements of this Regulation; (5) To inspect all areas where permits have been issued; (6) To enlist the co-- operation of civic, technical and contractor groups and individuals in respect to administration of this Regulation;" Since December of 1965, it has been the practice of the Staff to submit to the Executive Committee, on a monthly basis, a report concerning the administration of the Regulation, and the following resume for the period October 19, 1965 to August 30, 1968, is submitted for the information of the Board. (3) (4r) RE: Ontario Regulation 253/614.. C -12 3. Number of Infraction Notices issued by the Patrol Staff Violation Notice, forwarded to offenders Applications for Permits received Number Number Number *Number *Note: of Permits issued of Prosecutions initiated of Convictions registered of Charges withdrawn One charge withdrawn on the advice of the solicitor in view of the fact that a conviction was unlikely. The other charge withdrawn when the offender under- took remedial measures to the satisfaction of the Authority Staff. ... 217 ... 196 ... 123 ... 121 • • • 3 1 2 Thus, for the nearly three years from October, 1965 to September, 1968, the Staff has processed 664 individual items pertain- ing to the administration of the Regulation. This figure, in itself, does not tell the complete story, as there have been many other sites investigated on the basis of preliminary enquiry and where, as the advice given was that a permit could not be issued, no formal application was made. It is significant that, of the 664 items involved, only three were connected with the laying of charges, and only one conviction was registered in that period. Elaboration of this seeming imbalance is obviously required. Firstly, the Staff has taken the approach that this Regulation is preventative, the object being to ensure that the valleys are kept open for the safe passage of maximum flood flows, and to prevent, as far as possible, the creation of hazards to life and property or damage to the aesthetics of the valleys in this region. The objective, therefore, has not been to obtain convictions, but to have infractions cease and, where necessary, remedial measures undertaken. In the majority of instances where violation notices were issued, the offenders have indicated that they were unaware of the Regulation and have expressed a sincere willingness to co- operate in correcting the particular problem. Secondly, with the administration of the Regulation over a continuing period of time, the public at large has become more and more aware of the Regulation and its objectives, and particularly with many of the construction group, the trend has been to applications for permit prior to commencement of work rather than our having to submit violation notices for works already in progress. Thirdly, and of the greatest concern to the Staff, experience has revealed certain weaknesses in the Regulation and administrative procedures which, although of a technical nature, have made it extremely difficult to achieve a stricter enforcement of the Regulation. With this problem in view, the Staff has sought the advice of legal counsel, and the following are the salient print which have been reviewed by our solicitor: f'1. It appears to us from the standpoint of the Authority it would be preferrable that the Act and Regulation be amended so the area within which construction may be prohibited or regulated is to be determined in a manner similar to that in which the prohibition or regulating of the placing or dumping of fill is dealt with, i.e. by enabling the Authority to pass regulations prohibiting or regulating construction in an area defined by the Authority. You may have some reservations as to whether 0 -13 RE: Ontario Regulation 253/64. 4. such a solution would be palatable politically. 2. The Regulation and Schedules thereto should be amended to describe with greater particularity the areas within which the placing or dumping of fill may be regulated. The amendments proposed are as shown in the draft of a revised Regulation which is enclosed herewith. In this respect it will be necessary to colour the area between the fill lines red. Further, it will also be necessary to have the Schedules each bear the following legend:- It Fill Line The area to which Section 2, Subsection (b) of Section 3, Section 5, Section 6, and Section 7 of Ontario Regulation 253/64 apply is the area delineated by the fill line end coloured red." 3. The Regulation should contain a provision making it explicit that any movement of material within the regulated area falls within the prohibition even though the "fill" may have been located in or on the area. The proposed amendment also is dealt with in the draft Regulation. 4. The Authority can not, in the existing state of the Act and Regulations, as a condition of issuing a permit to build or to fill, require the Applicant for permit to pay a fee. We are strengthened in this view by the explicit provisions of clause (c) of Subsection (1) of Section 20a of the Act. The power explicitly conferred to make Regulations prescribing fees in one area of the Authority : s operation leads, as a matter of interpretation, to the conclusion that there is no such po-:.nr in an area where it is not explicitly conferred. An amendment to the statute would be required which could be a very simple amend- ment as set out in paragraph 6 of this letter. 5. The Authority corn in the existing state of the Act require the Applicant for permit to enter into a bond to complete the work consistently with the terms of the permit. An amendment to the regulations in somewhat the form proposed the annexed draft would be required. Some difficulty exists in determining the amount of the bond since the Regulation must be one of general application and may not be one reserving to the Authority the right to vary the amount depending on the Applicant and the nature of the application. Regulations enabling the Authority to fix the amount of the bond in individual cases would have to be conferred by the statute and hence. would require an amendment which might be in the following form: - Section 21(d) would read as follows: +Prohibiting or regulating the construction of any building or structure in or on a pond or swamp or in any area below the high water mark of a lake, river, creek, or stream, and Rresc-_ibinrfees "or and_fi::inEr the amount of P " ar_yy bond r ^auirnci for ��n; �rmit. C -14 RE: Ontario Regulation 253/64. 5. Section 20(1)(e) would read as follows: - "Prohibiting or regulating the placing or dumping of fill of any kind in any defined part of the area over which the Authority has jurisdiction in which in the opinion of the Authority the control of flooding or pollution or the conser- vation of land may be affected by the placing or dumping of fill and prescribing fees for and fixing the amount of any bond required for any permit." In this respect we have drawn up a draft bond which might be used in connection with the granting of the permit and would form a part of the permit. However, before settling on the final form of the bond or proposed amendments to the Statute or Regulations, we would like to examine the permit form and the documents comprising and related to the application for permit which the Authority now uses. If the Authority is of the opinion that they do not wish to have the Statute amended, they would still be entitled to require a bond from any Applicant under our suggested amend- ments to the Regulations. However, they would not be able to vary the amount of the bond according to individual situations unless the Statute were to be amended as suggested above. In making these recommendations, we have reviewed the Conservation Authorities Act, 1968, and the provisions of that new Act do not in any way affect the recommendations that we have just se% out." At approximately the same time as this report was prepared by our solicitor, the Conservation Authorities Act was amended to give the Authority the following additional power: "Section 26 (1) (b): restricting and regulating the straightening, changing, diverting or interfering in any way with the existing channel of a river, creek, stream or watercourse;" At the recommendation of the Finance Sub - Committee, the Executive Committee of the Authority has referred this particular amendment to the Flood Control and Water Conservation Advisory Board for consideration. From the foregoing, it would appear that consideration of Ontario Regulation 253/64 must be given to three separate spheres: a). The Legislation; b). The Regulation; c). The Administrative Procedures. RECOMMENDATIONS: THAT the Staff report concerning Ontario Regulation 253/64 received; and further in this connection, THAT the following action be taken: A. That no representation be made at this time for amendment to the Conservation Authorities Act, but that such possibility be considered for the future when revisions to the Act are being contemplated; be C -15 RE: Ontario Regulation 253/64. 6. B. That Ontario Regulation 253/64 be amended to read as follows: "REGULATION MADE UNDER THE CONSERVATION AUTHORITIES ACT, 196$ FILL, CONSTRUCTION AND ALTERATION TO WATERWAYS 1. In this Regulation, (a) "Authority" means The Metropolitan Toronto and Region Conservation Authority; (b) "building or structure" means a building or structure of any kind; (c) "fill" means earth, sand, gravel, rubble, rubbish, garbage, or any other material whether similar to or different from any of the aforementioned materials, used or capable of being used to raise, lower or in any way affect the contours of the ground; (d) "Fill Line" means any line designated as such on the Schedules; (e) "river ", "creek ", "stream" or "watercourse" means any river, creek, stream or watercourse under the jurisdiction of the Authority. 2. The areas delineated on the Schedules by the Fill Lines and coloured red are areas in which, in the opinion of the Authority, the control of flooding or pollution or the conservation of land may be affected by the placing or dumping of fill. 3. Subject to section 4, no person shall, (a) construct any building or structure or permit any building or structure to be constructed in or on a pond or swamp or in any area below the high -water mark of a lake, river,creek or stream in or on the area under the jurisdiction of the Authority; (b) place or dump fill or permit fill to be placed or dumped in the areas delineated on the Schedules by the Fill Lines and coloured red, whether such fill is already located in or upon such area, or brought to or on such area from some other place or places; (c) straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse in or on the area under the jurisdiction of the Authority; 4. Subject to The Ontario Water Resources Commission Act or to any private interest, the Authority may permit in writing the construction of any building or structure or the placing or dumping of fill in any area to which section 3 applies if, in the opinion of the Authority, the site of the building or structure or the placing or dumping and the method of construction or placing or dumping will not affect the control of flooding or pollution or the conservation of land. 5. No person shall commence to construct any building or structure or dump or place fill in any area to which section 3 applies before the permission required by section 4 has been obtained. 6. (1) A signed application for permission bo construct a building or structure shall be filed with the Authority and shall include, (a) four copies of a plan of the property showing the proposed location of the building or structure, its elevation and the proposed final grade plan; C -16 RE: Ontario Regulation 253/6. 7. (b) four copies of a complete description of the type of building or structure to be constructed, including drainage details; (c) four copies of a statement of the dates between which the construction will be carried out; and (d) four copies of a statement of the proposed use of the building or structure following completion of the construction. (2) A signed application for permission to place or dump fill shall be filed with the Authority and shall include, (a) four copies of a plan of the property on which the fill is to be placed, showing the proposed location of filling, the depth to which it is proposed to fill and the proposed final grade of the land when filling is completed; (b) four copies of a complete description of the type of fill proposed to be placed or dumped; (c) four copies of a statement of the dates between which the placing or dumping will be carried out; (d) four copies of a statement of the proposed use of the land following completion of placing or dumping; and (e) a bond in the form annexed as Appendix "A" to this Regulation. (3) A signed application for permission to straighten, change, divert or interfere in any way with the existing channel of a river, creek, stream or watercourse shall be filed with the Authority and shall include, (a) four copies of a plan on which shall be shown in plan view and cross section the details of such straightening, change, diversion or interference; (b) four copies of a statement of the dates between which the straightening, changing, diverting or interfering will be carried out; • (c) four copies of a statement of the purpose of the proposed work; and (d) a bond in the form annexed as Appendix "A" to this Regulation. 7. The Authority may, at any time, withdraw any permission given under section 4 if, in the opinion of the Authority, the represen- tations contained in the application for the permission are not carried out. b. Ontario Regulation 253/64 is revoked. C. The following Administrative Procedures will be adopted: The Director of Operations, the Administrator of Flood Control and Water Conservation and the Chief Patrol Officer are hereby appointed as Officers to enforce the Regulation of the Authority pertaining to the dumping of fill, the construction of buildings or structures in defined areas, and the straightening, changing, diversion or interference in any way with the existing channel of a river, creek, stream or water- course in or on the area under the jurisdiction of the Authority; and rurther, that the duties of the Officers C -17 RE: Ontario Regulation 253/61+. E�. shall be: (1) To enforce the Regulation; (2) To investigate complaints and make observations regarding the placing or dumping of fill within the area designated by the Schedules, the construction of buildings or structures in defined areas, and the straightening, changing, diversion or interference in any way with the existing channel of a river, creek, stream or watercourse in or on the area under the juris- diction of the Authority; and take the necessary and proper action to abate nuisances therefrom; (3) To issue permits and notices under this Regulation and to keep records of applications, plans, specifications, permits, violations, complaints and other matters on file for Authority purposes only; (4) To examine the site, the plans and the specifications accompanying al] applications for permits which meet the requirements of this Regulation; (5) To inspect all areas where permits have been issued; (6) To enlist the co- operation of civic, technical and contractor groups and individuals in respect to the administration of this Regulation. E.F. Sutter, Administrator, Flood Control and Water Conservation. EFS /KC. 13.9.68.