Loading...
HomeMy WebLinkAboutENG 11-22 Report to Executive Committee Report Number: ENG 11-22 Date: June 6, 2022 From: Richard Holborn Director, Engineering Services Subject: Toronto and Region Conservation Authority - Non-mandated Programs and Services - File: A-1440 Recommendation: 1. That Report ENG 11-22, regarding Toronto and Region Conservation Authority (TRCA) Non-mandated Programs and Services, be received for information; 2. That City staff be authorized to continue discussions with TRCA on the development of a Memorandum of Understanding (MOU) for municipally requested non-mandatory programs and services; 3. That staff report back to the Executive Committee on progress of developing a MOU no later than June, 2023; and, 4. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Executive Summary: In October 2021 and January 2022, the Province filed seven regulations making changes to the Conservation Authorities Act. The intent of the changes is to improve overall governance, oversight, transparency, and accountability of conservation authority operations. O. Reg 687/21 requires conservation authorities to execute Memorandums of Understanding (MOUs) and Service Level Agreements (SLAs) with partner municipalities to deliver non-mandatory programs and services that are requested by those municipalities. Through Resolution #704/21, Council directed staff to enter into discussions with the Toronto and Region Conservation Authority (TRCA) regarding the municipal funding of non-mandated services, and to report back to Council prior to June 2022. Staff have commenced discussions with TRCA on the preparation and the financial implications of the required MOUs and SLAs. The Province has set a deadline of January 1, 2024 for the execution of MOUs and SLAs. City staff and the TRCA are working toward having these agreements completed for consideration of Council by Q3/Q4 of 2023. Financial Implications: There are no immediate or direct financial implications related to the recommendations set out within Report ENG 11-22. Throughout the balance of 2022 and into 2023, prior to a MOU being executed, there will be no change, financially, with how the ENG 11-22 June 6, 2022 Subject: Toronto and Region Conservation Authority Non-mandated Programs and Services Page 2 City conducts business with TRCA. As development of the MOU progresses, and staff have a better understanding of which programs and services are recommended to be provided by TRCA on a fee-for-service basis, staff will be able to determine the financial implications going forward. Discussion: At the Council meeting of October 25, 2021 Council received Correspondence 49-21 from the Association of Municipalities of Ontario regarding the release of Phase 1 Regulations of the Conservation Authorities Act, and directed staff to enter into discussions with the Toronto and Region Conservation Authority (TRCA) regarding the municipal funding of non-mandated services, and to report back to Council prior to June 2022 (See Resolution #704/21 attached as Attachment 1). On October 7, 2021, as part of Phase 1, the Province filed three new regulations under the Conservation Authorities Act to implement changes in how programs and services are provided to municipalities. The new regulations are: • O. Reg 686/21 Mandatory Programs and Services, • O. Reg 687/21 Transition Plans and Agreements for Programs and Services, and, • O. Reg 688/21 Rules of Conduct in Conservation Areas. The province introduced four Phase 2 regulations in January 2022 and these were filed on April 20, 2022. The Phase 2 regulations are: • O. Reg 399/22 Amending O. Reg 687/21, • O. Reg 400/22 Information Requirements, • O. Reg 401/22 Determination of Amounts Under Subsection 27.2 of the Act, and, • O. Reg 402/22 Budget and Apportionment. City staff have entered into preliminary discussions with TRCA staff to specifically review the requirements of O. Reg 687/21 as that regulation determines how municipalities and the conservation authority will conduct business in the future. O. Reg 687/21 requires conservation authorities such as the TRCA to prepare a transition plan, outlining the steps to develop an inventory of programs and services, and to enter into agreements with municipalities, such as the City of Pickering, in order to deliver non-mandated, municipally requested services. TRCA has prepared a draft inventory of programs and services to fulfill the requirements of O. Reg 687/21 and have organized them according to nine service areas: 1. Watershed Studies and Strategies 2. Water Risk Managements 3. Regional Biodiversity 4. Greenspace Securement and Management 5. Tourism and Recreation 6. Planning and Development Review 7. Education and Outreach 8. Sustainable Communities 9. Corporate Services ENG 11-22 June 6, 2022 Subject: Toronto and Region Conservation Authority Non-mandated Programs and Services Page 3 The inventory within each service area has been divided into three main categories: Category 1 – Mandatory programs and services: Mandatory programs and services represent the core mandate of TRCA, and will continue to be provided through the Regional municipality levy. Local municipalities, such as the City of Pickering, are not levied for conservation authority services. Category 2 – Municipally requested programs and services: Non-mandatory, municipally requested programs and services will be provided through Memorandums of Understanding (MOUs) and Service Level Agreements (SLAs) with local municipalities on a fee-for-service basis. Category 3 – Other programs and services: Other programs and services are specific to private sector partners or non-municipal public partners (such as Metrolinx, Hydro One, etc.) and are not applicable to the City of Pickering. Currently, City staff are reviewing TRCA’s draft inventory to determine which programs and services within Category 2 are of interest to the City of Pickering. Once it is determined which programs and services the City is interested in, City and TRCA staff will work together on developing an overarching MOU that will be brought forward to Council for consideration. Once a MOU is in place, specific projects, programs or services, that the City wishes to retain TRCA to provide, will be covered through standard letter agreements or purchase orders. The deadline for the execution of MOUs and SLAs between conservation authorities and partner municipalities for Category 2 programs and services is January 1, 2024. It is staff’s intention to continue with discussions with TRCA staff on MOU development over the next 12 months to be in a position to bring the required agreements to Council in Q3/Q4 of 2024. This schedule is a little less aggressive than TRCA’s schedule to have an MOU in place by the end of Q2 2023. Until such time as a MOU has been executed, there is no change in how the City conducts business with TRCA from a financial lens. As such, staff is advising that there are no financial or budgetary impacts in 2022 or 2023.When the MOU is brought to Council for consideration, the financial implications for 2024 will be addressed. Attachment: 1. Resolution #704/21 ENG 11-22 June 6, 2022 Subject: Toronto and Region Conservation Authority Non-mandated Programs and Services Page 4 Prepared/Approved/Endorsed By: Original signed by: Richard Holborn, P. Eng. Director, Engineering Services Original signed by: Brian Duffield Director, Operations Original signed by: Kyle Bentley, P.Eng. Director, City Development & CBO Original signed by: Paul Bigioni Director, Corporate Service & City Solicitor RH:mjh Recommended for the consideration of Pickering City Council Original signed by: Marisa Carpino, M.A. Chief Administrative Officer Legislative Services Division Clerk’s Office Directive Memorandum November 1, 2021 To: Kyle Bentley Director, City Development & CBO Richard Holborn Director, Engineering Services From: Susan Cassel City Clerk Subject: Direction as per Minutes of the Meeting of City Council held on October 25, 2021 Corr. 49-21 Association of Municipalities Ontario Re: AMO Policy Update – Phase I Regulations of Conservation Authorities Act Released Council Decision Resolution #704/21 1.That Corr. 49-21, from the Association of Municipalities Ontario, dated October 12, 2021, regarding the AMO Policy Update – Phase I Regulations of Conservation Authorities Act Released, be received; and, 2.That Staff be directed, through the CAO, to enter into discussions with the Toronto Region Conservation Authority (TRCA) regarding the Municipal funding of non-mandated services and report back to Council on budgetary impacts prior to June 2022. A copy of the original correspondence is attached for your reference. Please take any action deemed necessary. Susan Cassel Copy: Chief Administrative Officer Attachment #1 to Report ENG 11-22 October 12, 2021 AMO Policy Update – Phase I Regulations of Conservation Authorities Act Released On Thursday, October 7th the Province filed three new regulations under the Conservation Authorities Act to implement the changes that were required by Bill 229, the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020. The three regulations are described below: 1. Mandatory Programs and Services (O. Reg 686/21): prescribes the mandatory programs and services conservation authorities (CAs) would be required to provide, including core watershed-based resource management strategies. The regulation comes into effect January 1, 2022. 2. Transition Plans and Agreements for Programs and Services (O. Reg 687/21): requires each CA to have a ‘transition plan’ that outlines the steps to be taken to develop an inventory of programs and services and to enter into agreements with participating municipalities to fund non-mandatory programs and services through municipal funding. It also establishes the transition period to enter into those agreements. The regulation came into effect on October 1, 2021. 3. Rules of Conduct in Conservation Areas (O. Reg 688/21): consolidates the current individual CA ‘Conservation Area’ regulations under S. 29 of the Conservation Authorities Act into one Minister’s regulation that regulates the public use of CA owned land. This regulation will come into effect when the unproclaimed provisions of Part VI and VII of the Conservation Authorities Act that deal with development permissions come into effect. AMO is pleased to see these regulations moving forward. Now that O.Reg 687/21 is in effect, municipal governments are encouraged to start having conversations with Association of Municipalities of Ontario 200 University Ave. Suite 801,Toronto ON Canada M5H 3C6 To unsubscribe, please click here the CA(s) in their area as soon as possible. This will ensure that CAs are aware of the municipal budget process, goals and timelines, and enable CAs to create a workplan by the end of 2021. More information on the specific changes and next steps will be provided by AMO in the coming weeks. AMO’s COVID-19 Resources page is being updated continually so you can find critical information in one place. Please send any of your municipally related pandemic questions to covid19@amo.on.ca. *Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completeness of third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned. Please consider the environment before printing this.