Kawartha Highlands Signature Site Park Act, 2003 Eves, Hon. Ernie Premier — Bill 100 (37th Parliament, 4th Session)

Bill 100, 37-4

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Bill 100, Kawartha Highlands Signature Site Park Act, 2003

Eves, Hon. Ernie Premier

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[37] Bill 100 Royal Assent (PDF)

Bill 100 2003

An Act respecting the

Kawartha Highlands

Signature Site Park

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

"all-terrain vehicle" means a self-propelled vehicle that is designed to

be driven primarily on trails or terrain on which a road has not been

constructed; ("véhicule tout terrain")

"management advisory board" means the Kawartha Highlands Signature Site

Park Management Advisory Board established under

section 5; ("conseil

consultatif de gestion")

"management plan" means a plan prepared under

section 8 of the

Provincial Parks Act ; ("plan de gestion")

"Minister" means the Minister of Natural Resources or such other member of

the Executive Council to whom the administration of this Act may be assigned

under the Executive Council Act ; ("ministre")

"Ministry" means the Ministry of Natural Resources or the ministry of the

member of the Executive Council to whom the administration of this Act may be

assigned under the Executive Council Act ; ("ministère")

"motor vehicle" means any vehicle propelled or driven otherwise than by

muscular power, including an automobile, bus, all-terrain vehicle, motorcycle

or motor assisted bicycle, but does not include a motorized snow vehicle;

("vehicule automobile")

"motorized snow vehicle" means a self-propelled vehicle designed to be

driven primarily on snow; ("motoneige")

"Park" means the Kawartha Highlands Signature Site Park referred to in

subsection 3 (1); ("parc")

"pre-existing road or trail" means,

(

a) during the 12-month period that begins on the day

section 13 comes

into force, any road or trail that was constructed and in use on and before

March 29, 1999, and

(

b) after the end of the 12-month period described in clause (a), a road

or trail referred to in clause (

a) that has been approved by the Minister as

a pre-existing road or trail for the purposes of this Act and is shown as

such on a map that,

(

i) is included in the management plan for the Park, or

(ii) is available at the Ministry and is identified as having been

prepared with a view to being included in the management plan for the Park;

("route ou piste préexistante")

"road" means a route with a specially prepared surface that is intended to

be used by automobiles and other vehicles licensed for use on a highway as

defined in the Highway Traffic Act ; ("route")

"superintendent" means the superintendent designated by the Minister for

the Park under the Provincial Parks Act . ("directeur")

Purpose

2. The purposes of this Act are to ensure,

(

a) that the protection of the ecological integrity of the Kawartha

Highlands Signature Site Park is recognized as the overriding priority in the

management and administration of the Park, so as to preserve, protect and

enhance the natural composition and abundance of native species, biological

communities and ecological processes in the Park;

(

b) that the policies governing the Park, including its management, will

protect the Park's natural and cultural values, maintain its traditional uses

and provide the opportunity for recreational activities that are compatible

with the natural heritage values and semi-wilderness character of the

Park;

(

c) that the Park will be managed so as to permit continued access to and

enjoyment of private property and of Crown land that is subject to a land use

permit, licence of occupation or lease under the Public Lands Act

where that private property or Crown land is surrounded by Park lands or

abuts Park lands; and

(

d) that decisions with respect to the development and any major revision

of the management plan for the Park are made with prior public

consultation.

Application to Park

(1) This Act applies to the

Kawartha Highlands Signature Site Park established under the Provincial

Parks Act .

Lands included

(2) The Park shall be comprised of such lands as are set apart

under the Provincial Parks Act and described in regulations made

under that Act.

Provincial Parks Act applies

(3) The Provincial Parks Act and any regulation made

under that Act applies to the Park.

Excluded lands

(4) The following types of lands shall not be included in the

description of Park lands set out in the regulations made under the

Provincial Parks Act , even though those lands are otherwise

surrounded by Park lands:

1. Lands that have been patented under or by authority of any statute,

including mining patents, unless,

i. the lands are owned by the Crown in right of Ontario, or

ii. the lands are subject to an agreement under which the owner of the

lands authorizes the Ministry to include the lands in the description of park

lands in the regulations and to treat the lands as park lands for the

purposes of the Provincial Parks Act .

2. Roads that, on the day this

section comes into force, are under the

jurisdiction and control of a municipality, including any right of way

adjacent to the roads.

3. Any portion of an unopened road allowance that abuts the shoreline of a

lake or river on one side of the allowance and, on the other side of the

allowance, private property.

4. Land owned by the Crown in right of Canada.

5. Lands that, on the day this

section comes into force, are subject to a

lease, or occupied pursuant to a permit, granted under or by authority of any

statute, regulation or order in council respecting mines, minerals or mining

or aggregate extraction.

6. Lands that, on the day this

section comes into force, have been staked

and recorded in accordance with the Mining Act .

Expiry of lease, permit

(5) If a lease or permit referred to in paragraph 5 of

subsection (4) expires or is revoked, cancelled or otherwise terminated, the

lands that were the subject of the lease or permit shall form part of the

Park on and after the day of the expiration, revocation, cancellation or

termination, whether or not the regulation made under the Provincial

Parks Act containing the description of Park lands has, as of that day,

been amended to include those lands.

Same

(6) Subsection (5) applies to lands described in paragraph 5 of

subsection (4) where,

(

a) the lands are surrounded by Park lands; or

(

b) the lands abut lands that are excluded from the Park under paragraph 1

of subsection (4) and together those lands are surrounded by Park lands.

Termination of mining claim

(7) If a mining claim in respect of lands that are excluded

from the Park under paragraph 6 of subsection (4) expires or otherwise

becomes invalid, the lands shall form part of the Park on and after the day

of the expiration or invalidity, whether or not the regulation made under the

Provincial Parks Act containing the description of Park lands has,

as of that day, been amended to include those lands.

No expropriation

4. Despite subsection 3 (3) of the

Provincial Parks Act , no land shall be expropriated under subsection

8 (3) or (4) of the Ministry of Government Services Act for the

purpose of increasing the area of the Park.

Management Advisory Board

(1) The Kawartha Highlands

Signature Site Park Management Advisory Board is hereby established.

Members

(2) The management advisory board shall consist of such members

as may be appointed by the Lieutenant Governor in Council.

Board function

(3) The management advisory board shall provide advice to the

Minister with respect to the planning and management of the Park

including,

(

a) the identification of roads or trails that are to be approved as

pre-existing roads and trails for the purposes of this Act;

(

b) the preparation of the management plan for the Park;

(

c) advertising and marketing with respect to the Park;

(

d) Park fees;

(

e) matters relating to the long-term sustainability of the Park; and

(

f) such other matters as may be specified by the Minister.

Park management, zoning

6. Any decisions, designations or approvals

made or issued by the Minister under

section 7 of the Provincial Parks

Act with respect to the planning and management of the Park, the

designation of zones or the construction, acquisition, operation or use of

Park facilities, utilities or equipment shall be consistent with the purposes

set out in

section 2 of this Act.

Management plan

(1) The Minister shall ensure

that the preparation of a management plan for the Park is initiated under

section 8 of the Provincial Parks Act no later than one year after

the day this

section comes into force.

Same

(2) The Minister shall ensure that the management plan for the

Park is consistent with the purposes set out in

section 2.

Public consultation

(3) The Minister shall ensure that the management plan for the

Park and any major revisions to that plan are prepared with prior public

consultation.

Management of natural resources

8. The Park's natural resources shall be

managed so as to protect the Park's ecological integrity in accordance with

the purposes set out in

section 2, the Park's management plan and with any

document approved by the Minister relating to the management of natural

resources in the Park, including a plan for the recovery of an extirpated,

endangered, threatened or vulnerable species.

Restrictions on Park development

9. No facility that is intended to be used by

the public shall be erected or constructed by the Ministry at a location that

is within 100 metres of private property that is surrounded by Park lands or

abuts Park lands on or after the day this

section comes into force.

Roads and trails

No new roads

(1) Despite

section 9 of the

Provincial Parks Act , no new roads, including roads constructed

solely to provide access to private property that is surrounded by Park lands

or that abuts Park lands, shall be constructed in or through the Park on or

after the day this

section comes into force.

Exception

(2) Despite subsection (1), two new roads may be constructed in

the Park, one of which shall provide public access to the Park from the

western border of the Park and the other shall provide public access to the

Park from the eastern border of the Park, if,

(

a) the exact location of the entrances to the Park and of their route

through the Park is approved by the Minister; and

(

b) the construction begins within 30 months of the day this

section comes

into force.

Considerations for approval

(3) In approving the location of entrances to the Park and of

the route of new roads constructed in the Park under clause (2) (a), the

Minister shall take into consideration public concerns and shall ensure that

the degree of intrusion into the Park and of potential environmental impacts

are minimized.

Same

(4) Despite subsection (1), a new road may be constructed in

the Park if the road is intended to be used solely for park management

purposes.

Reconstruction

(5) Nothing in subsection (1) shall prevent the reconstruction

or maintenance of an existing road in the Park in accordance with

section 9

of the Provincial Parks Act .

No new trails

(6) No new trails for all-terrain vehicles or motorized snow

vehicles shall be constructed in the Park on or after the day this

section

comes into force.

Alteration of existing trails

(7) Despite subsection (6) and subject to the requirements of

the Environmental Assessment Act , the superintendent may authorize

the route followed by a pre-existing trail to be altered.

Exception

(8) Despite subsection (6), a new trail may be constructed in

the Park if the trail is intended to be used solely for park management

purposes.

Hunting, fishing and trapping

(1) For greater certainty, a

person may hunt, fish a

Document details

Collection	Ontario — Bills
Citation	Bill 100, 37-4
Type	bill
Volume / chapter	p37 s4 bill 100 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4ecf408fcbd6ab46fd0e0187e18cb78f25e0e135

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