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Ontario has announced its intention to create an Ontario Provincial Conservation Agency ("OPCA") and to consolidate the province's 36 conservation authorities into seven regional, watershed-based organizations.1 The proposal represents the most comprehensive restructuring of Ontario's watershed management framework since the Conservation Authorities Act (the "CA Act") was enacted nearly eight decades ago.
According to the Province, the changes are intended to modernize environmental approvals, improve consistency across jurisdictions and enhance permitting efficiency. They follow changes to the CA Act made by the Province in recent years to return conservation authorities to their core function of regulating natural hazards within their areas of jurisdiction and removing them as commenting authorities on development applications (read our bulletin here for more information these prior amendments).
The 2024 amendments and newly proposed changes arise from the continued efforts of the Province to get shovels in the ground faster to speed up development and build much-needed housing. However, these changes have prompted discussion among municipalities, conservation authorities, and other stakeholders regarding how a regionalized structure may affect representation, local expertise, and ongoing program delivery.2
Current Conservation Authority Framework
Conservation authorities are established under the CA Act, originally enacted in 1946 to enable municipalities within a shared watershed to manage natural resources collaboratively. The CA Act is jointly administered by the Ministry of Natural Resources and Forestry ("MNRF") and the Ministry of the Environment, Conservation and Parks ("MECP") and mandates authorities to conserve, restore, and manage natural resources and to protect people and property from flooding, erosion, and other natural hazards.3
Recent regulatory updates have already advanced standardization. Ontario Regulation 41/24, effective April 1, 2024, replaced 36 separate authority-specific permitting regulations with a single provincial framework, while Ontario Regulation 686/21 prescribes mandatory programs for all authorities, including natural-hazard management, management of authority-owned lands, and source-water protection under the Clean Water Act.
Conservation authorities may also deliver non-mandatory programs, such as habitat restoration and stewardship initiatives, under municipal agreements or memoranda of understanding ("MOUs"), funded through municipal levies or self-generated revenues. In addition, conservation authorities provide technical advice to municipalities on Planning Act applications, particularly those related to natural hazards.
Timelines and Consultation
The forthcoming proposal to be published by the Ontario government will amend the CA Act and related regulations to establish the OPCA and implement regional consolidation. A formal consultation will follow, allowing interested stakeholders to comment on the changes before they are finalized and enacted.
Consultation topics are anticipated to include the delineation of regional boundaries, the governance model for the OPCA board, and strategies to ensure continuity of core programs and services during the transition to governance under the OPCA. Implementation of the new framework is expected to occur after the October 26, 2026 municipal elections, with current boards continuing to serve until regional authorities are formally constituted.4
Structure and Objectives of the OPCA
Under the proposed model, the OPCA would provide province-wide leadership and coordination for watershed management. Its functions are expected to include setting performance standards, developing a centralized digital permitting platform, and overseeing the operations of seven new regional conservation authorities.
The government has indicated that these measures are intended to promote greater consistency and transparency in permitting, improve coordination among regions, and facilitate access to shared technical resources such as flood-risk mapping and data management systems. The reorganization would consolidate oversight functions within a single agency while maintaining delivery of conservation authority programs at the regional level.
In particular, the amendments are expected to:
- Transfer certain coordination and supervisory functions from individual authorities to the OPCA;
- Define the OPCA's role in watershed-based planning, permitting, and compliance monitoring;
- Align O. Reg. 41/24 and O. Reg. 686/21 with the new regional governance structure and standardized performance measures; and
- Clarify how OPCA oversight will interact with municipal representation and funding mechanisms.
These reforms are intended to build on the earlier legislative changes referenced above, including the More Homes Built Faster Act, 2022, which narrowed the purview of conservation authorities and expanded ministerial oversight powers.5 If the OPCA is assigned regulatory or quasi-regulatory responsibilities, further clarification will be required regarding the allocation of statutory discretion, liability, and appeal or review processes to ensure procedural transparency and fairness in the regulation and permitting of activities within conservation protected areas.
Policy Considerations and Looking Forward
The establishment of the OPCA represents a major reorganization of Ontario's conservation authority framework. The initiative seeks to promote consistency and efficiency in watershed governance while maintaining the core statutory mandate to manage natural hazards and protect property and the environment.
From a governance perspective, a regionalized framework may alter existing relationships among the province, municipalities, and conservation authorities. Municipalities that provide significant funding through levies have noted that representation and decision-making authority will need to be carefully structured to reflect their financial contributions within the new model.
Local expertise and watershed diversity also present practical considerations. Ontario's watershed systems vary widely, from clay plains and coastal deltas to the granite formations of eastern Ontario, making uniform application of province-wide standards complex. Ensuring that regional entities can adapt provincial standards to local hydrological and ecological conditions will be an important implementation issue.
Administrative and procedural aspects will also need to be addressed. Consolidation may affect existing rights of appeal, create new questions of procedural fairness, and require the establishment of consistent review mechanisms. Clear delineation of decision-making authority will be essential to maintain accountability and predictability for municipalities, proponents, and the public.
As the legislative process advances, municipalities, conservation authorities, Indigenous communities, and other stakeholders should monitor the consultation process closely and consider preparing submissions addressing governance structure, funding mechanisms, and approaches to preserving regional expertise and accountability within the new framework.
McMillan LLP will continue to monitor and provide updates on the status of the legislation. If you have questions, please contact the authors of this bulletin.
Footnotes
1. Ontario, "Ontario Creating New Conservation Authority Agency to Improve Service Delivery and Protect Communities" (31 October 2025), online: Ontario Newsroom.
2. Rob Gowan, "Proposed changes to Ontario's conservation authorities raising concerns in Grey-Bruce," Owen Sound Sun Times (30 October 2025), online.
3. "Conservation Authorities" (17 July 2014), online: Government of Ontario.
4. Association of Municipalities of Ontario (AMO), "Municipal Elections", online: AMO – Association of Municipalities of Ontario.
5. See previous McMillan bulletin dated November 16, 2022.
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2025
