Ontario Court Upholds Environmental Laws: Saugeen Conservation Case Victory

Ontario Court of Justice sides with Saugeen Conservation; Landowner to Restore Property and Undergo Probation with Fine

In an important affirmation of environmental regulations, the Ontario Court of Justice in December 2023
ruled against a landowner in the Municipality of West Grey for infringing upon four sections of Ontario
Regulation 169/06. The court recognized the severity of the breaches by convicting the individual under
the Conservation Authorities Act, resulting in penalties that include a $4,000 fine, a twelve-month
probationary period, and an order for land restoration to Saugeen Valley Conservation Authority's
standards.

Concerns reported by neighboring property owners prompted Saugeen Conservation Environmental
Regulations and Planning staff to open an investigation. The findings were unequivocal: alterations had
been made to the property that not only lacked the requisite permits from SVCA but also had the
potential to adversely affect both private and public properties, including essential infrastructure, with
additional implications for public safety.

The unauthorized project contravened specific provisions of S.2(1)(b) of Ontario Regulation 169/06 as
amended, namely unauthorized site grading and fill placement in both river/stream/valley areas and
designated hazardous lands. Despite SVCA's numerous efforts to reach an amicable resolution and the
individual's opportunity to rectify the situation voluntarily, no resolution was attempted, leading the
SVCA Board of Directors to sanction the pursuit of legal charges.

"I appreciate SVCA’s work and am pleased it was taken care of."
- Neighbour of the affected property

“While we are satisfied with the court's decision, it underscores a less favorable aspect of our
work. Ideally, our role is to work collaboratively with landowners to prevent such violations. Our
genuine hope is to resolve issues through compliance with regulatory requests made by our staff,
avoiding court proceedings entirely. It's in the best interest of the community and the
environment that we serve to foster a proactive culture of adherence to regulations designed to
protect our shared natural resources.”
- Matt Armstrong, Environmental Planning and Regulations Manager (Acting)

This case serves as a reminder of the importance of adhering to environmental regulations and the vital
role the SVCA plays in safeguarding the safety of our communities.

For those considering projects near watercourses, valleys, wetlands, slopes, or shorelines, the staff at Saugeen Conservation are ready to assist you. Utilize SVCA’s website mapping tool to determine if your project falls within a regulated area and whether it requires SVCA's attention.

Begin by visiting www.saugeenconservation.ca/plan
Reach out early to Saugeen Conservation by emailing planning@svca.on.ca or by calling 519-364-1255.

For more information, please contact:
Ashley Richards Communications Coordinator, Saugeen Valley Conservation Authority
Email: a.richards@svca.on.ca Cell: 519-369-4295