On October 31, 2025, the Minister of the Environment, Conservation and Parks (the "MECP") announced the Province's intention to create the Ontario Provincial Conservation Agency (the "Agency") through forthcoming legislation. The Agency is proposed to be a board-governed agency with the stated purpose of providing centralized leadership, efficient governance and strategic direction and oversight of all conservation authorities. As part of this announcement, the MECP also indicated that the Province plans to consolidate the existing 36 conservation authorities into seven regional conservation authorities in an effort to avoid duplication, enable more consistent service delivery and increase the efficiency of resource and information sharing.
This announcement was followed by the introduction of Bill 68 on November 6, 2025, the Plan to Protect Ontario Act (Budget Measures), 2025 (No. 2) which received royal assent on November 27, 2025.1 While introduced as an Act to "implement budget measures", Bill 68 also amends the Conservation Authorities Act (the "CAA") to establish the Agency by adding a new Part VIII.1.
Among other things, new Part VIII.1 sets out the objects of the Agency, its general powers and its governance structure.2 Some of these objectives include:
- Overseeing the governance and other aspects of authorities such as their operations, including the programs and services they provide;
- Overseeing the transition to a regional watershed-based framework for authorities in Ontario;
- Assessing and reporting on the effectiveness of authorities in furthering the conservation, restoration, development and management of natural resources in watersheds;
- Overseeing and evaluating the financial performance of authorities;
- Guiding and evaluating the strategic planning by authorities to ensure it aligns with provincial objectives; and
- Any other objects prescribed by regulation.3
Bill 68 also added new section 35.21 to the CAA which sets out the directions the Agency can provide to authorities. In particular, it is proposed that the Agency may issue directions to authorities including but not limited to an authority's key performance indicators, service standards, information technology, procurement, training of members and employees, budgeting, asset management plans and strategic planning. However, before issuing said direction, the Agency must provide a copy of the direction to the MECP4 which will initiate a 45 day notice period. During the notice period, the MECP may take specified actions in relation to the proposed direction if it considers it to be in the public interest to do so. If the MECP does not issue a direction or the notice period expires, the Agency may proceed. Pursuant to new subsection 35.21(7), the conservation authority is required to comply with every direction of the Agency.
Also under new Part VIII.1. of the CAA, the Agency may:
- Issue guidelines to conservation authorities in respect of the same matters for which directions may be issued for the purpose of implementing said directions;
- Require that conservation authorities provide it with information that it needs for the purpose of achieving its objectives; and
- Establish and require the payment of fees in respect of any matter related to the performance of its duties.
To accompany the creation of the Agency, the Province posted Proposal 025-1257 to the Environmental Registry of Ontario which provides further details on the purpose of the Agency and seeks feedback on draft boundaries and criteria for the proposed regional authorities' consolidation. The draft mapping can be found here, and a supplemental explanation of the boundaries can be accessed here. The Proposal is open for public comment until December 22, 2025.
While the proposed amendments may seem like significant changes to the conservation authority regime, these amendments are consistent with numerous past amendments to the CAA, first seen in 2017 through Bill 139, all with the purpose of streamlining development and the permitting process under the CAA. For a detailed history of these amendments, check out Davies Howe's article posted on the Ontario Bar Association's website here: https://oba.org/one-conservation-authority-to-rule-them-all/.
Otherwise, we will continue to monitor the progress of any implementing regulations that will change the way conservation authorities are structured.
Please reach out if you have any questions as to how this impacts your development projects.
Footnotes
1. Bill 68, Plan to Protect Ontario Act (Budget Measures), 2025 (No. 2) (ordered for second reading on November 6, 2025) [Bill 68]
2. Bill 68, Schedule 3
3. Bill 68, Schedule 3, s. 35.4
4. Order in Council 863/2025 (approved and ordered June 26, 2025) assigns the MECP the powers and duties, functions and responsibilities that had been previously assigned to the Minister of Natural Resources under Order In Council 1172/2024 in relation to conservation authorities.
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