Provincial Parks and Conservation Reserves Act, 2006 Ramsay, Hon. David Minister of Natural Resources — Bill 11 (38th Parliament, 2nd Session)

Bill 11, 38-2

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Bill 11, Provincial Parks and Conservation Reserves Act, 2006

Ramsay, Hon. David Minister of Natural Resources

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[38] Bill 11 Royal Assent (PDF)

Bill 11 2006

An Act to enact the

Provincial Parks and

Conservation Reserves Act, 2006,

repeal the Provincial Parks Act

and the Wilderness Areas Act

and make complementary

amendments to other Acts

Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see Public Statutes - Detailed Legislative History on

www.e-Laws.gov.on.ca .

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Purpose, Objectives, Management Principles and

Interpretation

Purpose

1. The purpose of this Act is to permanently protect a system of provincial parks and conservation reserves that includes ecosystems that are representative of all of Ontario's natural regions, protects provincially

significant elements of Ontario's natural and cultural heritage, maintains biodiversity and provides opportunities for compatible, ecologically sustainable recreation.

Objectives

Objectives: provincial parks

(1) The following are the objectives in establishing and managing provincial parks:

1. To permanently protect representative ecosystems, biodiversity and provincially significant elements of Ontario's natural and cultural heritage and to manage these areas to ensure that ecological integrity is maintained.

2. To provide opportunities for ecologically sustainable outdoor recreation opportunities and encourage associated economic benefits.

3. To provide opportunities for residents of Ontario and visitors to increase their knowledge and appreciation of Ontario's natural and cultural heritage.

4. To facilitate scientific research and to provide points of reference to support monitoring of ecological change on the broader landscape.

Objectives: conservation reserves

(2) The following are the objectives in establishing and managing conservation reserves:

1. To permanently protect representative ecosystems, biodiversity and provincially significant elements of Ontario's natural and cultural heritage and to manage these areas to ensure that ecological integrity is maintained.

2. To provide opportunities for ecologically sustainable land uses, including traditional outdoor heritage activities and associated economic benefits.

3. To facilitate scientific research and to provide points of reference to support monitoring of ecological change on the broader landscape.

Planning and management principles

3. The following principles shall guide all aspects of the planning and management of Ontario's system of provincial parks and conservation reserves:

1. Maintenance of ecological integrity shall be the first priority and the restoration of ecological integrity shall be considered.

2. Opportunities for consultation shall be provided.

Existing aboriginal or treaty rights

4. Nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in

section 35 of the Constitution Act, 1982 .

Definitions and

interpretation

(1) In this Act,

"conservation reserve manager" means a person who is designated by the Minister to be in charge of a conservation reserve; ("directeur de réserve de conservation")

"district manager" means the person in charge of the administrative district of the Ministry of Natural Resources in which a conservation reserve is situate; ("chef de district")

"First Nation" means a band as defined in the Indian Act (Canada); ("Première nation")

"Minister" means the Minister of Natural Resources or any other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act ; ("ministre")

"Ministry" means the ministry of the Minister; ("ministère")

"officer" includes a conservation officer, a park warden, a park ranger, a district manager, a conservation reserve manager, a superintendent and an assistant superintendent; ("agent")

"public lands" means lands belonging to Her Majesty in right of Ontario, whether or not covered with water; ("terres publiques")

"regulations" means the regulations made under this Act; ("règlements")

"road" means a highway as defined in the Highway Traffic Act ; ("route")

"superintendent" means a person who is designated by the Minister as a superintendent to have charge of a provincial park; ("directeur")

"vehicle" includes a motor vehicle as defined in the Highway Traffic Act, a motorized snow vehicle as defined in the Motorized Snow Vehicles Act and an off-road vehicle as defined in the Off-Roads Vehicles Act .

("véhicule")

Ecological integrity

(2) Ecological integrity refers to a condition in which biotic and abiotic components of ecosystems and the composition and abundance of native species and biological communities are characteristic of their natural regions and rates

of change and ecosystem processes are unimpeded.

Same

(3) For the purpose of subsection (2), ecological integrity includes, but is not limited to,

(

a) healthy and viable populations of native species, including species at risk, and maintenance of the habitat on which the species depend; and

(

b) levels of air and water quality consistent with protection of biodiversity and recreational enjoyment.

Continuation and Creation of Provincial Parks and Conservation Reserves and Classification of Provincial Parks

Parks dedicated to the public

6. Ontario's provincial parks and conservation reserves are dedicated to the people of Ontario and visitors for their inspiration, education, health, recreational enjoyment and

other benefits with the intention that these areas shall be managed to maintain their ecological integrity and to leave them unimpaired for future generations.

Existing parks and conservation reserves continued

7. All provincial parks and conservation reserves in existence when this Act is proclaimed in force shall continue to be reserved, set apart and known as provincial parks or conservation reserves, as the case may

be.

Classification of provincial parks

(1) The Lieutenant Governor in Council may classify provincial parks in one of the following classes:

1. Wilderness Class Parks.

2. Nature Reserve Class Parks.

3. Cultural Heritage Class Parks.

4. Natural Environment Class Parks.

5. Waterway Class Parks.

6. Recreational Class Parks.

Objectives: wilderness class parks

(2) The objective of wilderness class parks is to protect large areas where the forces of nature can exist freely and visitors travel by non-mechanized means, except as may be permitted by regulation, while engaging in low-impact

recreation to experience solitude, challenge and integration with nature.

Objectives: nature reserve class parks

(3) The objectives of nature reserve class parks are to protect representative ecosystems and provincially significant elements of Ontario's natural heritage, including distinctive natural habitats and landforms, for their intrinsic

value, to support scientific research and to maintain biodiversity.

Objectives: cultural heritage class parks

(4) The objective of cultural heritage class parks is to protect elements of Ontario's distinctive cultural heritage in open space settings for their intrinsic value and to support

interpretation, education and research.

Objectives: natural environment class parks

(5) The objectives of natural environment class parks are to protect outstanding recreational landscapes, representative ecosystems and provincially significant elements of Ontario's natural and cultural heritage and to provide high

quality recreational and educational experiences.

Objectives: waterway class parks

(6) The objectives of waterway class parks are to protect recreational water routes and representative and significant terrestrial and aquatic ecosystems and associated natural and cultural features and to provide high quality

recreational and educational experiences.

Objectives: recreational class parks

(7) The objective of recreational class parks is to provide a wide variety of compatible outdoor recreation opportunities in attractive natural surroundings.

New parks and conservation reserves

(1) The Lieutenant Governor in Council may by order set apart as a provincial park or a conservation reserve any area in Ontario, may decrease or increase the area of any provincial park or conservation

reserve and may prescribe the boundaries of any provincial park or conservation reserve.

Acquisition of land

(2) Land may be acquired under the Ministry of Government Services Act for the purposes of this Act.

Disposition of land, less than 1 per cent of the area

(3) The Lieutenant Governor in Council may by order dispose of an area of a provincial park or conservation reserve that is less than 50 hectares or less than 1 per cent of the total area of the provincial park or conservation

reserve, whichever is the lesser.

Disposition of land, 1 per cent or more of area

(4) The Lieutenant Governor in Council may not order the disposition of an area of a provincial park or conservation reserve that is 50 hectares or more or 1 per cent or more of the total area of the provincial park or conservation

reserve, unless,

(

a) the Minister first reports on the proposed disposition to the Assembly;

(

b) the Minister tables the proposed new boundaries of the provincial park or conservation reserve with the Assembly; and

(

c) the Assembly endorses the proposed new boundaries of the provincial park or conservation reserve.

Exception

(5) Despite subsection (4), the Lieutenant Governor in Council may order the disposition of an area of a provincial park or conservation reserve that is 50 hectares or more or 1 per cent or more of the total area of the provincial

park or conservation reserve if,

(

a) the disposition is made as part of a settlement of a claim in respect of aboriginal rights;

(

b) the land being disposed of is being added to a national park under the Canada National Parks Act or a marine conservation area under the Canada National Marine Conservation Areas Act ; or

(

c) the disposition is being made as part of a transaction that increases the size of the provincial park or conservation reserve and enhances ecological integrity.

Provincial Park and Conservation Reserve Planning and Reporting

Provincial park and conservation reserve planning

Management direction

(1) The Minister shall ensure that the Ministry prepare a management direction that applies to each provincial park and conservation reserve,

(

a) by the fifth anniversary of the day this

section is proclaimed in force, for provincial parks and conservation reserves that exist on the day this

section is proclaimed in force and for which no management direction has been deemed to have

been approved under this section; or

(

b) by the fifth anniversary of the date of the order creating the provincial park or conservation reserve, for provincial parks and conservation reserves that do not exist on the day this

section is proclaimed in force.

Application to more than one provincial park or conservation

reserve

(2) A management direction may apply to one or more provincial parks, one or more conservation reserves or to a combination of provincial parks and conservation reserves.

Management direction, approval and contents

(3) A management direction,

(

a) shall be approved by the Minister;

(

b) shall identify site specific management policies for a provincial park or conservation reserve to cover the 20-year period commencing from the day the direction is finalized; and

(

c) may include a management statement or a ma

Document details

Collection	Ontario — Bills
Citation	Bill 11, 38-2
Type	bill
Volume / chapter	p38 s2 bill 11 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e3f8390b04b0a0871a5c57d4e7c42c552de8e913

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