Discussion Paper - Legislative Proposals for Your Comment

Objectives for the Legislative Review

We want to develop strong legislation that reflects the quality of Ontario’s network of protected areas, and ensures they are protected for future generations.

One important objective is to recognize that while protection and maintenance of ecological integrity is of primary importance, compatible activities can occur where appropriate.

Many of the measures that ensure the protection of ecological integrity are currently in policy, which can be changed without the approval of the Legislature. For that reason, it is also important to include in legislation the most important policies – those that support sound management of protected areas and promote protection of ecological integrity.

In recognition of the public interest in protected areas, it is important to include in legislation, measures that will enhance transparency and public accountability, such as mandatory reporting on the state of protected areas.

Ecological Integrity can be defined as follows:

An ecosystem has integrity when it is deemed characteristic for its natural region including the composition and abundance of native species and biological communities, rates of change and supporting processes.

Report of the Panel on the Ecological Integrity of Canada’s National Parks, 2000

Legislative Proposals
A series of legislative proposals has been developed to address the objectives described above. The proposals provide a basis for you to
provide comments and suggestions.

The eight proposals address the following topics:

Principles to Guide the Management of Protected Areas
Goals and Objectives to be Included in Legislation
Classification and Zoning
Assess Wilderness Areas
Mandatory Management Direction and State of Protected Areas Reporting
Major Industrial Uses
Continue to Address Non-Industrial Uses in Policy
Administration and Enforcement

Discussion of Legislative Proposals

1. Principles to Guide the Management of Protected Areas

Current legislation does not recognize key protection principles. Identifying such principles explicitly in legislation would demonstrate a firm commitment to permanent protection and guide development of regulations and policies. The intent of including such principles is to recognize that among a range of objectives, the protection objective is most important. This means that protected areas should be managed so that their native components (plants and animals) and processes (such as growth and reproduction) remain intact or are restored. This principle is known as ecological integrity.

Proposal 1:
Include in legislation fundamental principles to guide the management of protected areas including:

Protected areas are dedicated to the people of Ontario.
Protection and maintenance of ecological integrity comes first.
Protected areas will provide compatible recreation for the health and enjoyment of Ontarians and visitors to the province.
A network of protected areas will provide for the permanent protection of representative ecosystems and significant natural and cultural elements and habitats.

2. Goals and Objectives to be Included in Legislation

Current policy for protected areas recognizes that, while the protection objective comes first, there are other important complementary objectives. These objectives are currently formalized in policy. Including objectives in legislation would guide the development of policy for the protected areas network and management direction for individual areas.

Proposal 2:

Include the following objectives in legislation for provincial parks:

To protect representative and provincially significant elements of the natural and cultural landscape of Ontario.
To provide compatible outdoor recreation opportunities ranging from high-intensity day-use to low-intensity wilderness experiences.
To provide opportunities for exploration and appreciation of the outdoor natural and cultural heritage of Ontario.
To provide Ontario residents and out-of-province visitors with opportunities to discover and experience the distinctive regions of the province.

State the following objectives in legislation for conservation reserves:

To protect representative and provincially significant natural heritage values on public lands.
To provide opportunities for compatible land use activities including outdoor recreation.

3. Classification and Zoning

The Ontario Provincial Parks planning and management policies identify six classes of provincial parks, with objectives for each. The classes of parks are wilderness, nature reserve, historical, natural environment, waterway and recreation. The parks policies document also establishes zones, which are defined in each park through management planning. There is currently no policy basis for use of zoning as a management tool within conservation reserves.

Proposal 3:

Recognize the following provincial park classifications and associated objectives:

Wilderness Class – Protect large areas where nature can exist freely, and visitors travel by non-mechanized means while practising low-impact camping to experience solitude, challenge and personal integration with nature.
Nature Reserve Class – Represent the distinctive natural habitats and landforms of the province, and protect these for research and as gene pools to benefit present and future generations.
Historical Class – Represent the distinctive historical resources of the province in open space settings, and protect these for interpretive, educational and research purposes.
Natural Environment Class – Protect outstanding recreational landscapes with representative natural features and historical resources to provide high quality recreational and education experiences.
Waterway Class - Incorporate outstanding recreational water routes with representative natural features and historical resources to provide high quality recreational and educational experiences.
Recreation Class – Support a wide variety of compatible outdoor recreation opportunities for a large number of people in attractive natural surroundings.

Provide authority for the Minister of Natural Resources to establish additional park classes and zoning policies for provincial parks (this will recognize existing zones and allow the establishment of new classes and zones in the future if necessary.)

Provide authority for the Minister of Natural Resources to establish zoning policies for conservation reserves (this would allow for the establishment of a system of zoning in the future – currently zones are not used as a management tool in conservation reserves.)

4. Assess Wilderness Areas

Wilderness areas are a minor part of the protected areas network (a fraction of one per cent.) Although 33 wilderness areas were regulated, only 10 lie outside provincial parks or conservation reserves. The total area of the 10 wilderness areas is less than 800 hectares.

Proposal 4:

Evaluate the 10 wilderness areas that are outside provincial parks and conservation reserves. Where natural values justify protection, regulate the areas through a public consultation process as provincial parks or conservation reserves, whichever is most appropriate.

5. Mandatory Management Direction and State of Protected Areas Reporting

Under current legislation, it is not mandatory to prepare management direction for provincial parks or conservation reserves. Rather, policies call for the Ministry of Natural Resources to prepare interim management statements and management plans for provincial parks, and statements of conservation interest and management plans for conservation reserves. It is proposed that management planning and reporting/monitoring be mandatory with legislated timelines.

Some jurisdictions including Parks Canada require State of the Protected Areas reporting. This reporting lets the public know how well protected areas are being managed and whether objectives are being met. Currently there are no formal reporting requirements for protected areas in Ontario.

Proposal 5

Require that:

Management direction is approved for each protected area within a specified time frame after passage of the legislation or establishment of the area.
Appropriate consultation is carried out regarding development of management direction.
Public reporting on the state of protected areas to be prepared at five-year intervals.

6. Major Industrial Uses

Currently, industrial uses (mineral exploration and mining, commercial forest harvest, hydro-electric power development, the extraction of aggregate and peat or other industrial uses) are prohibited by regulation in conservation reserves and prohibited (with a few exceptions) by policy in provincial parks. There are provisions for exceptions, such as existing hydro-electric facilities, recognition of previous commitments for waterpower sites, existing licensed aggregate pits for public purposes, and waterpower development for park use or remote, off-grid First Nation communities.

An exception to the policy prohibition on logging in provincial parks is that commercial logging is permitted in portions of Algonquin Provincial Park. Commercial logging has gone on in Algonquin Park since the park was established in 1893 and is part of the social and economic heritage of central Ontario. The park was established in part to protect timber from encroaching agricultural settlement. Logging in the park provides significant economic benefits for surrounding communities. The park supplies 12 mills with all or part of their wood supply on a regular basis, and an additional 10 periodically. At least 2,800 people are employed in these mills.

Today, Algonquin is the only Ontario protected area where commercial logging continues, however, logging is only permitted in less than 1.5 per cent of the park in any given year. As with logging practices in surrounding areas, there is selective harvesting in the park which is consistent with protection of natural values. The Algonquin Forestry Authority administers forest management in the park under the terms of an approved forest management plan. Forest management planning and forest operations are done in accordance with the Crown Forest Sustainability Act and policies contained in the park management plan. There is no proposal to change the policy related to logging in Algonquin Park.

Putting the prohibitions on industrial uses in legislation would elevate existing prohibitions to legislation to strengthen the level of protection.

Proposal 6

Prohibit major industrial uses:
Commercial logging (with the exception of the recreation/utilization zone of Algonquin Provincial Park)
Mineral exploration and mining
Aggregate and peat extraction
Electric power development (hydro, wind, solar, etc.)

Exceptions:

Electric power development for park or First Nation use (e.g., a wind turbine to provide power for a park office; a micro-hydro installation to supply an off-grid First Nation community where no economically feasible alternative exists;) existing hydro-electric power facilities; and commitments made for new facilities prior to protected areas being established.
Resource access roads and public utility corridors. As is currently the case, these uses could be considered on a case-by-case basis in accordance with policy and consistent with the Environmental Assessment Act.
Existing, approved pits (e.g., sand/gravel) established for public purposes, which will be permitted to continue. No new pits or quarries would be permitted.
Felling of trees or removal of plant materials for approved projects and research, such as campground or road development, public safety, seed collection, collection of scientific specimens, development of utility corridors or resource access roads in accordance with management plans.

7. Continue to Address Non-Industrial Uses in Policy

Policies and regulations have been developed to provide direction on a wide range of activities in protected areas. Policies are approved by the ministry and can be applied with some degree of discretion. Application of regulations is not discretionary, but they can be amended by Cabinet. As noted above (see Legislative Proposal 6) the ministry proposes to incorporate in legislation prohibitions on some industrial uses, such as hydro-electric power development, that are currently addressed in policy or regulation. This recognizes that only the Legislature, through legislative amendments, should have flexibility to allow these particular activities to occur in protected areas.

There are many other activities that may be appropriate in some circumstances, but not in others. These are most appropriately dealt with by policies or regulations, which allow a more flexible approach. For example, under current policies, private use of motorboats is not permitted in wilderness class parks. However, policies make an exception for lodges and outpost camps in wilderness parks to use motorboats in certain circumstances, in accordance with a park management plan. In park areas where the flexibility to allow use of motorboats is not needed, specific regulations prohibit their use. This flexible approach is possible because motorized use is dealt with by policies and regulations, not legislation. The intent is that non-industrial uses will continue to be addressed by policies or regulations, as appropriate.

There would continue to be an option to prohibit or restrict certain uses through regulations, as is now the case for some activities, or to revise policies, pursuant to appropriate public consultation.

Proposal 7:

Continue to address non-industrial uses (such as hunting, motorized use, commercial fur harvest and bait fishing) through regulations or policy rather than in legislation.

8. Administration and Enforcement

The Provincial Parks Act was amended in 1996 to ensure that park revenues are deposited in the Ontario Parks Special Purpose Account. Funds in this account can only be spent for park purposes. This allows Ontario Parks to make customer service improvements and ensures that park fees paid by visitors are used to fund park operations. Ontario Parks can undertake initiatives, such as the sale of souvenir merchandise and firewood and rental of canoes, which would not otherwise be feasible. It is appropriate to consider additional authorities that would make it possible to develop programs to encourage gifts, bequests and donations to support specific activities, such as education, monitoring, research and stewardship.

The Ministry of Natural Resources relies on a variety of partners to manage protected areas. These include local naturalist and conservation groups, volunteer groups known as “Friends” organizations, local municipalities, aboriginal communities, and businesses. Partnerships support a wide variety of activities from cleaning washrooms to delivering natural heritage education programs. It is important that protected areas legislation provide flexibility to enter into agreements for a wide range of activities.

The Public Lands Act was not designed to protect natural heritage features and does not provide suitably robust enforcement provisions. The Public Lands Act has no arrest or seizure sections. An offender may be charged and penalized for a violation. However, there is no method by which the MNR may remove an active violator or person who is or may be about to engage in an activity that may damage a conservation reserve or other Crown lands. For provincial parks, a need for greater clarity and certainty with respect to the enforcement powers for provincial park wardens has been identified. Fines and penalties need to be updated.

The Provincial Parks Act has limited provision for land administration activities such as issuing and controlling land tenure (e.g., leases, land permits) and issuing work permits.

Proposal 8:

Update administrative and enforcement provisions by:

Retaining existing authority for provincial park revenues to be deposited in an Ontario Parks Special Purpose Account dedicated to spending for provincial park purposes.
Considering provision of new authorities to facilitate and encourage gifts, donations and bequests in support of programs to support protected areas research, monitoring, education, and other related purposes.
Including a range of land administration provisions to support establishment of protected areas, effective management of lands, and administration of tenure, including:

Continue to establish or amend protected areas boundaries by regulation
Grant and administer leases, rights of way, easements, land use permits and work permits
Set and charge fees for land tenure of various types
Establish regulations relating to leases, rights of way, etc.

Providing authority for the Minister of Natural Resources to undertake or enter into agreements to support:

Stewardship
Marketing and promotion
Education
Research
Other protected areas objectives

Providing an up-to-date enforcement framework in accordance with the Provincial Offences Act, consistent with the priority placed on protection of natural values:

Powers of Minister of Natural Resources to make regulations with approval of Cabinet
Updated fines and penalties (upper limits will be set out in legislation)
Appropriate enforcement powers for officers

Next Steps

We hope that you will take the time to provide comments on the legislative proposals outlined in this discussion paper. Remember – this is your opportunity to help us strengthen the protection of Ontario’s parks and protected areas for the next 50 years and beyond. Your comments and ideas are important and will be carefully considered.

Let us know what you think by filling out an online questionnaire (following links at www.OntarioParks.com or www.mnr.gov.on.ca or by completing the attached questionnaire and mailing it to the address provided on page two of this book. You can also provide comments through Ontario’s Environmental Bill of Rights Registry

Thank you for your participation.