jswizzle3737/ontario_laws_and_regs huggingface dataset:
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 plan” means a plan prepared under subsection 10 (5) of the Provincial Parks and Conservation Reserves Act, 2006; (“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 and Conservation Reserves Act, 2006. (“directeur”) 2003, c. 6, s. 1; 2006, c. 12, s. 62 (1, 2); 2012, c. 8, Sched. 25, s. 1. Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (1, 2)
- 15/06/2007 2012, c. 8, Sched. 25, s. 1 - 31/12/2013
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.  2003, c. 6, s. 2.
No expropriation
4 Despite subsection 9 (2) of the Provincial Parks and Conservation Reserves Act, 2006, no land shall be expropriated under section 10 of the Ministry of Infrastructure Act, 2011 for the purpose of increasing the area of the Park.  2003, c. 6, s. 4; 2006, c. 12, s. 62 (3); 2011, c. 9, Sched. 27, s. 30. Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (3)
- 15/06/2007 2011, c. 9, Sched. 27, s. 30 - 6/06/2011 5 Repealed: 2012, c. 8, Sched. 25, s. 2 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 25, s. 2 (1) - 20/06/2012; 2012, c. 8, Sched. 25, s. 2 (2) - 31/12/2013
No expropriation
5 Repealed: 2012, c. 8, Sched. 25, s. 2 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 25, s. 2 (1) - 20/06/2012; 2012, c. 8, Sched. 25, s. 2 (2) - 31/12/2013
Park management, zoning
6 Any decisions, designations or approvals made or issued by the Minister under section 12 of the Provincial Parks and Conservation Reserves Act, 2006 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.  2003, c. 6, s. 6; 2006, c. 12, s. 62 (4). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (4)
- 15/06/2007
Management plan
7 (1) The Minister shall ensure that the preparation of a management plan for the Park is initiated under section 10 (5) of the Provincial Parks and Conservation Reserves Act, 2006 no later than one year after the day this section comes into force.  2003, c. 6, s. 7 (1); 2006, c. 12, s. 62 (5). Same (2) The Minister shall ensure that the management plan for the Park is consistent with the purposes set out in section 2.  2003, c. 6, s. 7 (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.  2003, c. 6, s. 7 (3). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (5)
- 15/06/2007
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 species listed on the Species at Risk in Ontario List under the Endangered Species Act, 2007.  2003, c. 6, s. 8; 2007, c. 6, s. 62. Section Amendments with date in force (d/m/y) 2007, chap. 6, s. 62
- 15/06/2007
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.  2003, c. 6, s. 9. Roads and trails
No new roads
10 (1) Despite section 28 of the Provincial Parks and Conservation Reserves Act, 2006, 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.  2003, c. 6, s. 10 (1); 2006, c. 12, s. 62 (6). 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.  2003, c. 6, s. 10 (2). 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.  2003, c. 6, s. 10 (3). 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.  2003, c. 6, s. 10 (4). Reconstruction (5) Nothing in subsection (1) shall prevent the reconstruction or maintenance of an existing road in the Park in accordance with section 28 of the Provincial Parks and Conservation Reserves Act, 2006.  2003, c. 6, s. 10 (5); 2006, c. 12, s. 62 (7). 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.  2003, c. 6, s. 10 (6). Alteration of existing trails (7) Despite subsection (6) and subject to any requirements of the Environmental Assessment Act, the superintendent may authorize the route followed by a pre-existing trail to be altered.  2003, c. 6, s. 10 (7); 2020, c. 18, Sched. 6, s. 57 (1). 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.  2003, c. 6, s. 10 (8). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (6, 7) - 15/06/2007 2020, c. 18, Sched. 6, s. 57 (1) - 15/05/2023
Hunting, fishing and trapping
11 For greater certainty and despite subsection 15 (1) of the Provincial Parks and Conservation Reserves Act, 2006, a person may hunt, fish and trap in the Park in accordance with the Fish and Wildlife Conservation Act, 1997.  2006, c. 12, s. 62 (8). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (8)
- 15/06/2007
Prohibited uses
12 The following activities shall not be carried out on lands that are part of the Park: 1. Prospecting, staking mining claims, developing mineral interests or working mines. 2. Aggregate extraction. 3. Peat extraction. 4. Commercial forest harvesting. 5. Commercial electric power development.  2006, c. 12, s. 62 (9). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (9)
- 15/06/2007 Access rights for property owners, etc.
Mining and aggregate extraction
14 (1) A person who holds a valid mining claim or a mining lease under the Mining Act, or who holds a permit under the Aggregate Resources Act, with respect to lands that are surrounded by Park lands or that abut Park lands may, without charge, enter the Park and operate a motor vehicle or a motorized snow vehicle anywhere in the Park but only to the extent that it is necessary in order to access lands for the purpose of mineral exploration or development or of aggregate extraction, as the case may be.  2003, c. 6, s. 14 (1). Same, employees (2) Any person who is employed by, or otherwise authorized by, the person referred to in subsection (1) to carry out mineral exploration or development or aggregate extraction on the lands described in subsection (1) may, without charge, enter the Park and operate a motor vehicle or a motorized snow vehicle anywhere in the Park but only to the extent that it is necessary in order to access lands for the purpose of mineral exploration or development or of aggregate extraction, as the case may be.  2003, c. 6, s. 14 (2). Limitation (3) The right to enter the Park and operate a vehicle in the Park without charge under subsection (1) and (2) applies only where the sole means of accessing the land is through the Park.  2003, c. 6, s. 14 (3). Trapping (4) A person who holds a licence to trap under the Fish and Wildlife Conservation Act, 1997 in a registered trapline area that is situated in the Park, or a person authorized by the licence holder, may, without charge, enter the Park and operate a motor vehicle or a motorized snow vehicle anywhere in the Park but only to the extent that it is necessary in order to access the registered trapline area for the purpose of trapping.  2003, c. 6, s. 14 (4). Bait fish harvesting (5) A person who holds a bait fish licence under the Fish and Wildlife Conservation Act, 1997 with respect to a bait fish licence area situated in the Park, or a person authorized by the licence holder, may, without charge, enter the Park and operate a motor vehicle or a motorized snow vehicle anywhere in the Park but only to the extent that it is necessary in order to access the bait fish licence area for the purpose of harvesting bait fish.  2003, c. 6, s. 14 (5).
Use of vehicles
15 (1) No person shall operate a motor vehicle or a motorized snow vehicle in the Park unless they do so in accordance with this section or with section 13 or 14.  2003, c. 6, s. 15 (1). Motor vehicles (2) A person may operate a motor vehicle in the Park if the motor vehicle is operated on a pre-existing road or trail or on a road constructed under subsection 10 (2) for one of the following purposes: 1. In order to access areas within the Park for hunting purposes. 2. In order to access a Park facility.  2003, c. 6, s. 15 (2). Limitation (3) Despite paragraph 2 of subsection (2), a person operating a motor vehicle in the Park in order to access a Park facility shall only operate the motor vehicle on the roads or trails that provide the most direct route from the entrance of the Park to the facility.  2003, c. 6, s. 15 (3). Some vehicles restricted to roads (4) Despite subsection (2), a motor vehicle that is not an all-terrain vehicle, shall not be operated on trails in the Park but shall only be operated on roads referred to in subsection (2).  2003, c. 6, s. 15 (4). Motorized snow vehicles (5) A person may operate a motorized snow vehicle in the Park if the motorized snow vehicle is operated on a pre-existing road or trail or on a road constructed under subsection 10 (2).  2003, c. 6, s. 15 (5). Same, ice fishing (6) A person may operate a motorized snow vehicle on a body of water in the Park that is covered with ice in order to engage in ice fishing.  2003, c. 6, s. 15 (6). OFSC member use of snowmobile trails (7) A person who holds a valid trail permit issued under the Motorized Snow Vehicles Act or who is otherwise entitled under that Act to operate a motorized snow vehicle on a trail operated or maintained by the Ontario Federation of Snowmobile Clubs may, without charge for the use of the trail or for entrance to the Park, operate a motorized snow vehicle on any such trail that is located in the Park.  2003, c. 6, s. 15 (7). Park management, etc. (8) A person may operate a motor vehicle or a motorized snow vehicle anywhere in the Park if the vehicle is operated for one of the following purposes: 1. In order to carry out park management activities. 2. In order to provide emergency services.  2003, c. 6, s. 15 (8).
Landing of aircraft
16 Subject to subsection 13 (7), no person shall land an aircraft in the Park unless, (a) he or she pays the fee imposed under the Provincial Parks and Conservation Reserves Act, 2006 and lands the aircraft in an area of the Park operated by the superintendent for that purpose and under the authority of a valid aircraft landing authorization issued under the Provincial Parks and Conservation Reserves Act, 2006; or (b) the landing is required for park management activities or for the provision of emergency services.  2003, c. 6, s. 16; 2006, c. 12, s. 62 (10). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (10)
- 15/06/2007
Right of access
17 (1) Subject to subsection (2), nothing in this Act shall limit or in any way diminish a right of access to or through land that is part of the Park where that right was granted under the Public Lands Act or other provincial legislation on or before March 29, 1999.  2003, c. 6, s. 17 (1). Change in route of access (2) Subject to any requirements of the Environmental Assessment Act, the superintendent may authorize a change in the location of a trail or road providing a right of access if the change is required for reasons of public safety or in order to protect the Park’s ecological integrity.  2003, c. 6, s. 17 (2); 2020, c. 18, Sched. 6, s. 57 (2). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 57 (2) - 15/05/2023
Authorized occupation of land
18 Nothing in this Act shall affect any right to occupy land that is part of the Park where the right to occupy the land was granted under the Public Lands Act before the day this section comes into force and is exercised in accordance with the terms and conditions contained in the instrument granting the right or in a provision under the Public Lands Act.  2003, c. 6, s. 18.
Offence
19 Every person who contravenes this Act is guilty of an offence and on conviction is liable to a fine of not more than $25,000.  2003, c. 6, s. 19.
Conflict
20 If there is a conflict between a provision in this Act and a provision in the Provincial Parks and Conservation Reserves Act, 2006 or a regulation made under that Act, the provision in this Act prevails.  2003, c. 6, s. 20; 2006, c. 12, s. 62 (10). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (10)
- 15/06/2007 21 Repealed: 2020, c. 18, Sched. 6, s. 57 (3). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 57 (3) - 15/05/2023 22 Omitted (provides for coming into force of provisions of this Act).  2003, c. 6, s. 22. 23 Omitted (enacts short title of this Act).  2003, c. 6, s. 23. ______________  Français
Conflict
21 Repealed: 2020, c. 18, Sched. 6, s. 57 (3). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 57 (3) - 15/05/2023 22 Omitted (provides for coming into force of provisions of this Act).  2003, c. 6, s. 22. 23 Omitted (enacts short title of this Act).  2003, c. 6, s. 23. ______________  Français
Conflict
22 Omitted (provides for coming into force of provisions of this Act).  2003, c. 6, s. 22. 23 Omitted (enacts short title of this Act).  2003, c. 6, s. 23. ______________  Français
Conflict
23 Omitted (enacts short title of this Act).  2003, c. 6, s. 23. ______________  Français