Navigating the Swamp: Lessons on Wetland Offsetting for Ontario

Abstract

This report was produced in response to the proposal by the Ontario government to develop a wetland offsetting policy. The new policy would enable the compensation for negative impacts of development through the restoration or creation of other wetlands. The report surveys relevant laws and policies respecting wetland compensation regimes in the provinces of Alberta, New Brunswick, Nova Scotia, Quebec, Saskatchewan, British Columbia, and Newfoundland and Labrador, and in the federal domain in Canada and the United States. It looks at policy outcomes and lessons learned from those jurisdictions, noting that though there are no examples of resounding success, the experience in those jurisdictions point to challenges, best practices and promising approaches, which indicate a positive path forward. The report includes 22 recommendations to the Government of Ontario respecting the development of the new policy.

Keywords: Wetlands, Policy, Law, Water, Mitigation Hierarchy, Compensation, Offsetting, Compensatory Mitigation, Habitat Banking, Conservation Banking, Banking, In-Lieu Fees, Ontario, Canada, United States, Alberta, New Brunswick, Nova Scotia, Quebec, Saskatchewan, British Columbia, Newfoundland and Labrador