jswizzle3737/ontario_laws_and_regs huggingface dataset:
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.  2006, c. 12, s. 1. Objectives
2 (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.  2006, c. 12, s. 2 (1). 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.  2006, c. 12, s. 2 (2).
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.  2006, c. 12, s. 3.
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.  2006, c. 12, s. 4.
5 (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”) “First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”) “Minister” means the Minister of the Environment, Conservation and Parks 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 designated under section 12, a park ranger, a conservation reserve manager, a superintendent and an assistant superintendent designated under section 12; (“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”)  2006, c. 12, s. 5 (1); 2009, c. 33, Sched. 22, s. 9 (1); 2020, c. 36, Sched. 40, s. 1. 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.  2006, c. 12, s. 5 (2). 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.  2006, c. 12, s. 5 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 9 (1) - 15/12/2009 2020, c. 36, Sched. 40, s. 1 (1-3) - 08/12/2020 Continuation and Creation of Provincial Parks and Conservation Reserves and Classification of Provincial Parks
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.  2006, c. 12, s. 6.
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.  2006, c. 12, s. 7.
8 (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.  2006, c. 12, s. 8 (1). 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.  2006, c. 12, s. 8 (2). 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.  2006, c. 12, s. 8 (3). 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.  2006, c. 12, s. 8 (4). 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.  2006, c. 12, s. 8 (5). 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.  2006, c. 12, s. 8 (6). 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.  2006, c. 12, s. 8 (7). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 57 (1, 2) - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2016
11 (1) The Minister shall report publicly on the state of the provincial park and conservation reserve system.  2006, c. 12, s. 11 (1). Report contents (2) The report shall provide, but shall not be limited to, a broad assessment of the extent to which the objectives of provincial parks and conservation reserves, as set out in this Act, are being achieved, including ecological and socio-economic conditions and benefits, the degree of ecological representation, number and area of provincial parks and conservation reserves, known threats to ecological integrity of provincial parks and conservation reserves and their ecological health and socio-economic benefits.  2006, c. 12, s. 11 (2). Timing of reports (3) The Minister shall begin reporting on the system no later than by the fifth anniversary of the day this section is proclaimed in force and all components of the report shall be reported on at least once every 10 years on a schedule to be determined by the Minister.  2006, c. 12, s. 11 (3); 2012, c. 8, Sched. 48, s. 2. Posting of reports (4) The reports shall be posted in the registry established under the Environmental Bill of Rights, 1993 or made available for public information by other appropriate means.  2006, c. 12, s. 11 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 48, s. 2 - 20/06/2012 Administration and Land Use
12 (1) The Minister is responsible for the control and management of provincial parks and conservation reserves and shall designate a superintendent to have charge of each provincial park and a conservation reserve manager to have charge of each conservation reserve.  2006, c. 12, s. 12 (1); 2020, c. 36, Sched. 40, s. 3 (1). Assistant superintendent (1.1) The Minister may designate an assistant superintendent who, in the absence of a superintendent, may exercise the powers of a superintendent and shall perform the duties of a superintendent.  2009, c. 33, Sched. 22, s. 9 (2). Park warden (1.2) The Minister may designate a person or class of persons as park wardens for the purpose of this Act and the regulations.  2009, c. 33, Sched. 22, s. 9 (2). Zoning in provincial parks and conservation reserves (2) As part of the approval of a management plan, the Minister may define areas on maps or plans of provincial parks or conservation reserves as zones and may prescribe or approve policies that apply to the zones.  2006, c. 12, s. 12 (2); 2020, c. 36, Sched. 40, s. 3 (2). Exception (3) Despite subsection (2), hunting in a conservation reserve shall not be constrained by zoning but may be restricted solely in accordance with subsection 15 (3).  2006, c. 12, s. 12 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 9 (2) - 15/12/2009 2020, c. 36, Sched. 40, s. 3 (1, 2) - 08/12/2020
13 (1) Land in provincial parks and conservation reserves shall be used and occupied in accordance with this Act and the regulations.  2006, c. 12, s. 13 (1). Prohibition (2) No person shall use or occupy land in a provincial park or conservation reserve except in accordance with this Act and the regulations.  2006, c. 12, s. 13 (2).
14 (1) Subject to this Act and the regulations, the Minister may authorize a person to use or occupy land in a provincial park or conservation reserve by,  (a) entering into an agreement respecting the use or occupation of the land; (b) issuing a land use permit or licence of occupation; (c) granting a lease; or (d) granting an easement in or over the land. 2020, c. 36, Sched. 40, s. 4 (1). Limitation for private, non-commercial purposes (2) Despite subsection (1), the Minister shall not authorize a person to occupy land in a provincial park or conservation reserve for private non-commercial purposes, except if one or more of the following circumstances applies: 1. Issuing or granting the instrument extends the term of occupation of an existing instrument holder. 2. The circumstances that may be prescribed by the regulations allowing an authorization to be given with respect to an existing building or structure, an existing use or an existing occupation are satisfied. 2020, c. 36, Sched. 40, s. 4 (1). (2.1), (2.2) Repealed: 2020, c. 36, Sched. 40, s. 4 (1). Existing commercial agreements, etc. (3) Commercial agreements, leases, land use permits and licences of occupation made in respect of the use or occupation of land in provincial parks or conservation reserves before this section is proclaimed in force shall continue according to their terms and shall be deemed to have been made under this Act.  2006, c. 12, s. 14 (3). Existing easements (4) Easements made in respect of land in provincial parks or conservation reserves before the day subsection 4 (2) of Schedule 40 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force shall continue according to their terms and shall be deemed to have been made under this Act. 2020, c. 36, Sched. 40, s. 4 (2). Terms and conditions (5) Any person who is authorized to use or occupy land under this section shall comply with the terms and conditions set out in the authorization and such other terms and conditions as may be prescribed by the regulations. 2020, c. 36, Sched. 40, s. 4 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 48, s. 3 - 20/06/2012 2020, c. 36, Sched. 40, s. 4 (1, 2) - 08/12/2020
14.1 (1) The Minister may cause any land in a provincial park or conservation reserve to be surveyed and may annul in whole or in part any survey or subdivision made in respect of land within a provincial park or conservation reserve. 2020, c. 36, Sched. 40, s. 5. Amended plans (2) Where a plan of survey or subdivision has been or is registered or deposited in the proper land registry office and the Minister annuls in whole or in part the survey or subdivision under subsection (1), the Minister shall cause an amended plan to be registered or deposited in the proper land registry office. 2020, c. 36, Sched. 40, s. 5. Delegation (3) The Minister may delegate to the Surveyor General the power under subsection (1) or the duty under subsection (2). 2020, c. 36, Sched. 40, s. 5. Replacement instrument (4) Where an instrument mentioned in clause 14 (1) (b), (c) or (d) has been issued or granted for any land that is affected by an annulment under subsection (1) of this section, the Minister shall, by order, cancel the instrument and issue or grant a replacement instrument that contains a revised description of the land. 2020, c. 36, Sched. 40, s. 5. Same (5) A replacement instrument issued or granted under subsection (4) is deemed to, (a) have been in effect since the date on which the cancelled instrument was issued or granted; and (b) have amended, with necessary modifications, every instrument made before the date of the order issued by the Minister under subsection (4) by the instrument holder or any person claiming through or under the instrument holder. 2020, c. 36, Sched. 40, s. 5. Same (6) A replacement instrument issued or granted under subsection (4) shall be issued or granted in the name of the original holder of the cancelled instrument and need not be executed by anyone other than the Minister to have legal effect. 2020, c. 36, Sched. 40, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 5 - 08/12/2020
14.2 The Surveyor General or his or her delegate may require an applicant for an instrument mentioned in clause 14 (1) (b), (c) or (d) to arrange and pay for a survey to be made in respect of the relevant land. 2020, c. 36, Sched. 40, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 5 - 08/12/2020
14.3 (1) The Minister shall forward any lease or easement granted under section 14 to the proper land registry office. 2020, c. 36, Sched. 40, s. 6. Registration (2) Upon receipt of an instrument forwarded under subsection (1), the land registrar shall register the instrument and note particulars of registration on a copy and forward the copy to the instrument holder at the address provided by the Ministry. 2020, c. 36, Sched. 40, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 6 - 02/07/2021
14.4 (1) Any building, structure or thing remaining on land in respect of which an agreement was entered into under clause 14 (1) (a) or an instrument was issued or granted under clause 14 (1) (b), (c) or (d) after the cancellation, termination or expiration of the agreement or instrument, or any building, structure or thing on land in a provincial park or conservation reserve possessed or occupied without lawful authority, is the property of the Crown and may be sold, disposed of or destroyed under the direction of the Minister. 2020, c. 36, Sched. 40, s. 7. Recovery of cost and expense (2) Any cost or expense incurred in the sale, disposition or destruction of a building, structure or thing referred to in subsection (1) is a debt due to the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person responsible for the construction of the building or structure or the placing of the thing on the land or, in the case of a building or structure that was occupied, the occupier. 2020, c. 36, Sched. 40, s. 7. Restoration of rights (3) Despite subsection (1), the Minister may make an order, subject to such conditions as the Minister considers proper, declaring that any building, structure or thing remaining on land after the cancellation, termination or expiration of an instrument or possessed or occupied without lawful authority, is not the property of the Crown. 2020, c. 36, Sched. 40, s. 7. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 7 - 08/12/2020
14.5 (1) Despite any other law, including the Real Property Limitations Act
and any other Act or any common law rule, but subject to subsection (2), no person may acquire a right, title or interest in the following lands by or through the use, possession or occupation of the lands or by prescription, on or after the day the Supporting People and Businesses Act, 2021 receives Royal Assent: 1. Public lands that are within a provincial park or conservation reserve. 2. Public lands acquired for the purposes of this Act or the Provincial Parks Act before its repeal, that are not in a provincial park or conservation reserve. 2021, c. 34, Sched. 22, s. 1. Application (2) This section does not apply if the right to bring an action on behalf of Her Majesty against a person for the recovery of the lands was barred by the Real Property Limitations Act
before the day the Supporting People and Businesses Act, 2021 received Royal Assent. 2021, c. 34, Sched. 22, s. 1. Proceedings barred (3) No proceeding may be brought or maintained in respect of a matter referred to in subsection (1). 2021, c. 34, Sched. 22, s. 1. Proceedings set aside (4) A proceeding that may not be maintained under subsection (3) is deemed to have been dismissed, without costs, on the day the Supporting People and Businesses Act, 2021
received Royal Assent. 2021, c. 34, Sched. 22, s. 1. Order (5) Subject to subsection (6), the Minister may issue an order directing the appropriate land registrar to delete any instrument or deposit specified in the order that is registered or deposited on title to lands described in subsection (1) under the Registry Act. 2021, c. 34, Sched. 22, s. 1. Application (6) Subsection (5) applies only to instruments or deposits registered or deposited against lands claimed by or through the use, possession or occupation of the lands or by prescription in circumstances where subsection (1) applies to the claim. 2021, c. 34, Sched. 22, s. 1. Deletion (7) Upon registration of the order referred to in subsection (5) in the proper land registry office in a manner approved by the Director of Titles, the land registrar shall delete the instruments specified in the order. 2021, c. 34, Sched. 22, s. 1. No compensation (8) No person is entitled to any compensation for any loss or damages, including loss of revenues or loss of profit, arising from the enactment, amendment, repeal or application of this section. 2021, c. 34, Sched. 22, s. 1. No expropriation (9) Nothing in this section and nothing done or not done in accordance with this section constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2021, c. 34, Sched. 22, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 22, s. 1 - 02/12/2021
15 (1) Hunting is not permitted in provincial parks unless it is allowed by regulation made under the
Fish and Wildlife Conservation Act, 1997.  2006, c. 12, s. 15 (1). Hunting, exception Algonquin Park (2) Despite subsection (1) and the repeal of The Algonquin Provincial Park Extension Act, 1960-61, hunting is permitted on the public lands in the Geographic Townships of Bruton and Clyde that were added to Algonquin Park by section 1 of The Algonquin Provincial Park Extension Act, 1960-61.  2006, c. 12, s. 15 (2). Hunting, conservation reserves (3) Hunting is permitted in conservation reserves unless it is prohibited by regulation made under the Fish and Wildlife Conservation Act, 1997.  2006, c. 12, s. 15 (3).
16 (1) The following activities shall not be carried out on lands that are part of a provincial park or conservation reserve: 1. Commercial timber harvest. 2. Generation of electricity. 3. Prospecting, staking mining claims, developing mineral interests or working mines. 4. Extracting aggregate, topsoil or peat. 5. Other industrial uses.  2006, c. 12, s. 16 (1). Definitions (2) In this section and in sections 17 to 20, “aggregate” means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act; (“agrégats”) “generation of electricity” means the generation of electricity through the deployment or construction of electrical energy producing devices or facilities and supporting infrastructure, including wind turbines, solar panels, pump storage facilities, reservoirs, impoundments and water control structures or weirs; (“production d’électricité”) “minerals” means all naturally occurring metallic and non-metallic minerals, including natural gas, petroleum, coal, salt, quarry and pit material, gold, silver and all rare and precious minerals and metals, but does not include sand, gravel and peat; (“minéraux”) “prospecting” means the investigating of, or searching for, minerals for the purpose of developing mineral interests. (“prospection”)  2006, c. 12, s. 16 (2).
17 (1) Despite section 16, timber may be harvested for commercial purposes in Algonquin Provincial Park in accordance with the Algonquin Forestry Authority Act, the Algonquin Provincial Park Management Plan and the Crown Forest Sustainability Act, 1994.  2006, c. 12, s. 17 (1). Interpretation (2) Nothing in section 16 prevents the harvesting of timber for the purposes of forest research or forest management in support of provincial park or conservation reserves objectives and consistent with this Act and the regulations.  2006, c. 12, s. 17 (2). Charges (3) Crown charges for timber harvested under subsection (2) may be determined by the Minister.  2006, c. 12, s. 17 (3). Sale of timber (4) Nothing in section 16 prevents the sale of timber harvested under subsection (2).  2006, c. 12, s. 17 (4).
18 (1) Despite section 16,  (a) oil and gas wells located in a provincial park or conservation reserve on the day this section is proclaimed in force may continue to operate; (b) oil and gas wells that are located in an area before the area becomes a provincial park or conservation reserve or a part of one may continue to operate; and (c) aggregate pits located in provincial parks and conservation reserves that are authorized under the Aggregate Resources Act to operate on the day this section is proclaimed in force may continue in accordance with existing licences, permits or other authorizations.  2006, c. 12, s. 18 (1). Exception, aggregate pits (2) Nothing in section 16 prevents the use of aggregate for provincial park or conservation reserve purposes if the aggregate is produced in the provincial park or conservation reserve incidentally as a result of construction activities authorized under this Act.  2006, c. 12, s. 18 (2). Exception, aggregate pits in Algonquin Park (3) Despite section 16, new aggregate pits may be established in areas of Algonquin Park in accordance with the Algonquin Park Management Plan in support of forest operations if the Minister is satisfied that the Algonquin Forestry Authority, (a) has demonstrated the need for the aggregate; and (b) will ensure that the aggregate pits are managed so as to minimize environmental impacts and will be rehabilitated in a timely manner consistent with the objectives of this Act as applicable to the Park.  2006, c. 12, s. 18 (3).
19 (1) Despite section 16, facilities for the generation of electricity located in a provincial park or conservation reserve that exist on the day this section is proclaimed in force may continue to operate and be maintained and, with the approval of the Minister, may be improved, rebuilt or altered.  2006, c. 12, s. 19 (1). Exception, not connected to IESO-controlled grid (2) Despite section 16 and subject to the approval of the Minister, facilities for the generation of electricity may be developed in provincial parks and conservation reserves for use within communities that are not connected to the IESO-controlled grid.  2006, c. 12, s. 19 (2); 2009, c. 12, Sched. L, s. 20. Exception, existing commitments (3) If a facility for the generation of electricity was specifically identified in a Ministry land use plan before the site where the facility is to be located was regulated as part of a provincial park or conservation reserve, the facility may be developed subject to the approval of the Minister.  2006, c. 12, s. 19 (3). Exception, generation for park or conservation reserve purposes (4) Subject to the approval of the Minister and to applicable policies and management plans, a facility for the generation of electricity may be developed in a provincial park or conservation reserve to generate electricity for use for provincial park or conservation reserve purposes.  2006, c. 12, s. 19 (4); 2020, c. 36, Sched. 40, s. 8. Definitions (5) In this section, “IESO” means the Independent Electricity System Operator continued under Part II of the Electricity Act, 1998; (“SIERE”) “IESO-controlled grid” means the transmission systems with respect to which, pursuant to agreements, the IESO has authority to direct operations. (“réseau dirigé par la SIERE”)  2006, c. 12, s. 19 (5). Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 20 - 14/05/2009 2020, c. 36, Sched. 40, s. 8 - 08/12/2020 Resource access roads and utility corridors
20 (1) Subject to the policies of the Ministry and the approval of the Minister, with or without conditions, resource access roads and trails for non-provincial park and conservation reserve uses in provincial parks and conservation reserves are permitted in the following circumstances: 1. Roads and trails that are required for reasonable access to existing mining tenure or claims within a provincial park or conservation reserve or surrounded by a provincial park or conservation reserve. 2. Roads and trails that are required to access minerals or Crown timber outside of a provincial park or conservation reserve.  2006, c. 12, s. 20 (1). Utility corridors (2) Subject to the policies of the Ministry and the approval of the Minister, with or without conditions, utility corridors, including but not limited to utility corridors for electrical transmission lines, are permitted in provincial parks and conservation reserves.  2006, c. 12, s. 20 (2). Conditions for approval, resource access road, etc. (3) In addition to the conditions in section 21, in approving a resource access road or trail or a utility corridor, the Minister must be satisfied that when the road, trail or utility corridor is no longer required for the purpose for which it was approved or will not be used for a period of five years or more, (a) the road, trail or utility corridor will be closed and effective measures will be taken to prevent its use; and (b) rehabilitation and removal of infrastructure will be undertaken at the direction of the Minister.  2006, c. 12, s. 20 (3). Existing roads, etc. (4) Authorized resource access roads and trails and utility corridors in provincial parks or conservation reserves that exist on the day this section is proclaimed in force, (a) are deemed to comply with the policies under this Act and to have the approval of the Minister; and (b) are not subject to subsection (3).  2006, c. 12, s. 20 (4). Expansion of existing roads, etc. (5) Despite subsection (4), the expansion or improvement of a resource access road or trail or utility corridor that exists on the day this section is proclaimed in force is subject to the approval of the Minister.  2006, c. 12, s. 20 (5). Definition (6) In this section, “resource access roads and trails” means roads or trails constructed for or used to support, (a) timber harvest, or (b) prospecting, staking mining claims, developing mineral interests or working mines, but does not include roads or trails constructed for or used for recreational purposes or other resource access purposes.  2006, c. 12, s. 20 (6).
21 In approving the development of a facility for the generation of electricity under subsection 19 (2), (3) or (4) or approving a resource access road or trail or a utility corridor under section 20, the Minister must be satisfied that the following conditions are met: 1. There are no reasonable alternatives. 2. Lowest cost is not the sole or overriding justification. 3. Environmental impacts have been considered and all reasonable measures will be undertaken to minimize harmful environmental impact and to protect ecological integrity.  2009, c. 12, Sched. L, s. 21. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 21 - 14/05/2009
22 (1) Except in accordance with the terms and conditions of a work permit issued under this Act, no person shall, in a provincial park or conservation reserve, cause or permit, (a) the construction, expansion or placement of any building, structure or thing; (b) the construction of any trail or road; (c) the clearing of any land; (d) the filling of any shore lands; (d.1) the dredging of any shore lands or any lands covered by water; or (e) any activity permitted under section 17, 18, 19 or 20 that causes, results or is expected to result in a major disruption or impairment of the ecological integrity of a provincial park or conservation reserve.  2006, c. 12, s. 22 (1); 2020, c. 36, Sched. 40, s. 9. Same (2) For greater certainty, a work permit is required for activities described in subsection (1) even if the lands are occupied under the authority of a lease, land use permit or a licence of occupation.  2006, c. 12, s. 22 (2). Order to cease work (3) An officer who finds that there is a contravention of subsection (1) may order that the activity constituting the contravention cease until a work permit authorizing the activity has been obtained.  2006, c. 12, s. 22 (3). Daily penalty (4) Any person who continues the activity or causes or permits the activity to be continued after an order has been made is guilty of an offence and on conviction is, in addition to any fine that may be imposed under section 52, liable to a fine of not less than $1,000 for each day the activity is continued in contravention of the order.  2006, c. 12, s. 22 (4). Existing work permits (5) Work permits issued for activities in a provincial park or conservation reserve before this section is proclaimed in force shall be deemed to be work permits issued under this Act.  2006, c. 12, s. 22 (5). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 9 - 08/12/2020 Powers of Minister
23 The Minister, with the approval of the Lieutenant Governor in Council, may appoint committees to perform such advisory functions as are considered necessary or desirable in connection with the administration of one or more of the provincial parks or conservation reserves and fix the terms of reference and procedures of such committees.  2006, c. 12, s. 23.
24 (1) The Minister may enter into an agreement with any person authorizing or requiring the person to exercise any power or perform any duty that is granted to or vested in the Minister or a superintendent or conservation reserve manager under this Act.  2006, c. 12, s. 24 (1); 2020, c. 36, Sched. 40, s. 10. Exceptions (2) Subsection (1) does not apply to the powers of the Minister under sections 25 and 28.  2006, c. 12, s. 24 (2); 2012, c. 8, Sched. 48, s. 4. Terms and conditions (3) An agreement under subsection (1) may contain such terms and conditions as the Minister considers appropriate.  2006, c. 12, s. 24 (3). Deeds and contracts (4) Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under an agreement made under subsection (1).  2006, c. 12, s. 24 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 48, s. 4 - 20/06/2012 2020, c. 36, Sched. 40, s. 10 - 08/12/2020
25 (1) The Minister may receive and take from any person or entity by grant, gift, devise, bequest or otherwise, any property, real or personal, or any interest in property, for any purpose in respect of a provincial park or conservation reserve.  2006, c. 12, s. 25 (1); 2020, c. 36, Sched. 40, s. 11. Surface rights (2) Where only the surface rights in land are received and taken by the Minister under subsection (1) and the mines and minerals are not vested in the Crown, paragraph 3 of subsection 16 (1) does not apply to the land.  2006, c. 12, s. 25 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 11 - 08/12/2020 Fees and rentals
26 (1) The Minister may establish and charge,  (a) fees for entrance into provincial parks and conservation reserves of persons, vehicles, boats or aircraft; (b) fees for the use of provincial parks and conservation reserves or of any facilities or services in provincial parks and conservation reserves; and (c) fees and rentals for any licence, permit, lease or other right issued, made or given in respect of a provincial park or conservation reserve.  2006, c. 12, s. 26 (1); 2020, c. 36, Sched. 40, s. 12 (1-3). (2) Repealed: 2020, c. 36, Sched. 40, s. 12 (4). Service fees (3) Despite any other Act, any lease, licence of occupation or land use permit granted or issued under this Act or a predecessor Act shall be deemed to include a term requiring the payment of a service fee, in addition to the payment of rent under the lease or of the fee charged under the licence or permit.  2006, c. 12, s. 26 (3). Determination of service fee (4) The superintendent in charge of the provincial park or the conservation reserve manager in charge of the conservation reserve shall determine the amount of the service fee based on, (a) the cost to construct, operate and maintain the services provided in connection with the property being leased or occupied; and (b) the cost incurred in the administration of the lease, licence of occupation or land use permit.  2006, c. 12, s. 26 (4); 2020, c. 36, Sched. 40, s. 12 (5). Application (5) Subsection (3) applies to leases, licences of occupation and land use permits entered into or issued before and after this section is proclaimed in force.  2006, c. 12, s. 26 (5). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 12 (1-4) - 02/07/2021; 2020, c. 36, Sched. 40, s. 12 (5) - 08/12/2020
27 (1) The following amounts in respect of provincial parks and conservation reserves shall be held in a separate account in the Consolidated Revenue Fund: 1. All fines, fees and rentals paid under this Act or the regulations. 2. All amounts received by the Crown under agreements made under this Act or the regulations. 3. All costs or expenses recovered by the Crown under subsection 52 (7). 4. All amounts received by the Minister pursuant to subsection 25 (1). 5. All other amounts received or revenues generated in respect of provincial parks or conservation reserves. 2006, c. 12, s. 27 (1); 2020, c. 36, Sched. 40, s. 13 (1, 2). Money in account (2) Money standing to the credit of the separate account is, for the purpose of the Financial Administration Act, money paid to Ontario for a special purpose.  2006, c. 12, s. 27 (2). Payments out of account (3) The Minister may direct that money be paid out of the separate account to the Minister or a person specified by the Minister if, (a) the payment will be used for a purpose related to provincial parks or conservation reserves; or (b) the payment will be used to, (i) refund all or part of an amount paid under this Act or the regulations, or (ii) make a payment under subsection 36 (2).  2006, c. 12, s. 27 (3); 2020, c. 36, Sched. 40, s. 13 (3). Annual report (4) The Minister shall ensure that a report is prepared annually on the financial affairs of the separate account.  2006, c. 12, s. 27 (4). Tabling of report (5) The Minister shall submit the report to the Lieutenant Governor in Council and shall table the report in the Assembly.  2006, c. 12, s. 27 (5). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 13 (1-3) - 02/07/2021
28 (1) The Minister may enter into an agreement with a municipality for the construction or maintenance of a road or the reconstruction or maintenance of an existing road under the jurisdiction and control of the municipality for the purpose of providing access to a provincial park or a conservation reserve.  2006, c. 12, s. 28 (1); 2012, c. 8, Sched. 48, s. 5 (1). Jurisdiction and control of road (2) A road constructed, reconstructed or maintained under an agreement made under subsection (1) remains under the jurisdiction and control of the municipality.  2006, c. 12, s. 28 (2). Same, in unorganized territory (3) The Minister may arrange with a person who is the owner of land in territory without municipal organization for the construction or maintenance of a road in the territory for the purpose of providing access to a provincial park or a conservation reserve.  2006, c. 12, s. 28 (3); 2012, c. 8, Sched. 48, s. 5 (2); 2019, c. 14, Sched. 14, s. 11 and 2021, c. 25, Sched. 26, s. 2. Provincial share of costs (4) The provincial share of the cost of the construction or maintenance of a road or the reconstruction or maintenance of an existing road under this section may be paid out of the money appropriated for that purpose by the Legislature.  2006, c. 12, s. 28 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 48, s. 5 (1, 2) - 20/06/2012 2019, c. 14, Sched. 14, s. 11 - 01/01/2022
29 The Minister may collect personal information within the meaning of the Freedom of Information and Protection of Privacy Act for the purposes of this Act.  2006, c. 12, s. 29.
30 The Minister may provide educational grants to students who work in provincial parks or conservation reserves.  2006, c. 12, s. 30. General
31 (1) For municipal purposes, any land set apart as a provincial park or conservation reserve or added to a provincial park or conservation reserve shall, so long as it remains part of the provincial park or conservation reserve, be deemed to be separated from any municipality of which it formed a part immediately before it became a provincial park or conservation reserve or a part of one.  2006, c. 12, s. 31 (1). Judicial purposes (2) For judicial purposes, any land set apart as a provincial park or conservation reserve or added to a provincial park or conservation reserve shall continue to form part of the county, if any, of which it formed a part immediately before it became a provincial park or conservation reserve or a part of one.  2006, c. 12, s. 31 (2). Tax assistance, assessment (3) Despite subsection (1), for the purposes of the
Municipal Tax Assistance Act, any land set apart as a provincial park or conservation reserve or added to a provincial park or conservation reserve shall be deemed not to be separated from the municipality of which it formed a part immediately before it became a provincial park or conservation reserve or a part of one.  2006, c. 12, s. 31 (3).
32 (1) Despite the Municipal Act, 2001 and the City of Toronto Act, 2006, every unopened road allowance that is within a provincial park and that has not been closed and conveyed shall be deemed to have been vested in the Crown from the day on which the area was set apart as a provincial park or the area in which the unopened road allowance is located was added to the provincial park.  2006, c. 12, s. 32 (1); 2006, c. 32, Sched. C, s. 52 (4). Unopened road allowance, conservation reserves (2) Despite the Municipal Act, 2001 and the City of Toronto Act, 2006, every unopened road allowance that is within a conservation reserve and that has not been closed and conveyed shall be deemed to have been vested in the Crown from the day on which the area was set apart as a conservation reserve or the area in which the unopened road allowance is located was added to the conservation reserve.  2006, c. 12, s. 32 (2); 2006, c. 32, Sched. C, s. 52 (5). Same (3) Subsection (2) applies in respect of areas that are set apart as conservation reserves on and after the day this section is proclaimed in force and areas that are added to conservation reserves on and after the day this section is proclaimed in force.  2006, c. 12, s. 32 (3). Closure of road allowance (4) The Minister may, subject to consultation with the affected municipality, close to travel any road allowance in a provincial park or conservation reserve one month after giving notice of the proposed closure in accordance with subsection (5).  2006, c. 12, s. 32 (4). Notice of closure of road allowance (5) Notice of closure of a road allowance may be given, (a) by publishing once a week for four consecutive weeks a notice of closure in a newspaper having general circulation in the locality in which the road allowance is located; or (b) by posting, one month before the proposed closing, a notice of closure in a conspicuous place at or near the road allowance.  2006, c. 12, s. 32 (5). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. C, s. 52 (4, 5) - 04/09/2007
33 (1) The superintendent in charge of a provincial park and the conservation reserve manager in charge of a conservation reserve may open or close to travel any road or trail in the provincial park or conservation reserve that is not under the control of the Ministry of Transportation, or any portage in the provincial park or conservation reserve.  2006, c. 12, s. 33 (1); 2020, c. 36, Sched. 40, s. 14. Prohibition against travel on closed road (2) No person who has knowledge of the closing of a road, trail or portage under subsection (1) shall travel on the road, trail or portage.  2006, c. 12, s. 33 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 14 - 08/12/2020
33.1 (1) Subject to subsection (3), no cause of action arises against the Crown or any of the Crown’s current or former ministers, agents, appointees or employees as a direct or indirect result of any negligence or failure to take reasonable care in respect of the construction, maintenance or repair of a road in a provincial park or conservation reserve where a permit is not required under this Act or the regulations to take a vehicle into the provincial park or conservation reserve. 2020, c. 36, Sched. 40, s. 15. No proceeding (2) Subject to subsection (3), no proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against a person referred to in that subsection. 2020, c. 36, Sched. 40, s. 15. Exception (3) Subsection (1) does not apply to a cause of action in respect of a contract for the construction, maintenance or repair of a road in a provincial park or conservation reserve and subsection (2) does not apply to a proceeding that is based on or related to such a contract. 2020, c. 36, Sched. 40, s. 15. Definition (4) In this section, “road” includes bridges, shoulders, ditches, culverts or other water crossings. 2020, c. 36, Sched. 40, s. 15. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 15 - 08/12/2020
34 (1) Subject to the Fish and Wildlife Conservation Act, 1997 and the regulations under that Act, the Minister may take such measures as the Minister considers proper for the protection in a provincial park or a conservation reserve of fish, wildlife and invertebrates within the meaning of that Act.  2006, c. 12, s. 34 (1). Conservation of Crown property (2) The Minister may take such measures as the Minister considers proper for the protection in a provincial park or a conservation reserve of any property of the Crown.  2006, c. 12, s. 34 (2).
35 (1) The superintendent in charge of a provincial park and the conservation reserve manager in charge of a conservation reserve may develop and operate facilities and provide services in accordance with the purpose and objectives of this Act and subject to the management plan for the provincial park or conservation reserve.  2006, c. 12, s. 35 (1); 2020, c. 36, Sched. 40, s. 16 (1). Agreements (2) The superintendent in charge of a provincial park and the conservation reserve manager in charge of a conservation reserve may enter into agreements for the development and operation of facilities and the provision of services in respect of the provincial park or conservation reserve.  2006, c. 12, s. 35 (2); 2020, c. 36, Sched. 40, s. 16 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 16 (1, 2) - 08/12/2020
36 (1) Any lost, mislaid or abandoned property coming into the custody of the superintendent in charge of a provincial park or the conservation reserve manager in charge of a conservation reserve and not claimed by the owner within three months is the property of the Crown in right of Ontario and may be sold under the direction of the Minister, but, if the property is perishable or has no commercial value, it may be given to a charitable institution or destroyed.  2006, c. 12, s. 36 (1); 2020, c. 36, Sched. 40, s. 17. Same (2) If a person establishes to the satisfaction of the Minister within one year after the date of sale that the person was the owner of property sold under subsection (1), the Minister may direct the payment to the person of an amount equal to the price received for the property less the cost of the sale and other expenses incurred in connection with the property.  2006, c. 12, s. 36 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 17 - 08/12/2020 Enforcement and Offences
37 An officer, other than a conservation reserve manager, has all the power and authority of a member of the Ontario Provincial Police within a provincial park or conservation reserve.  2006, c. 12, s. 37; 2020, c. 36, Sched. 40, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 18 - 08/12/2020
38 (1) For the purposes of ensuring compliance with this Act and the regulations, an officer may inspect a firearm or ammunition in a provincial park or a conservation reserve.  2006, c. 12, s. 38 (1). Definition (2) In this section, “firearm” includes a rifle, shotgun, air gun, pellet gun, paint ball gun, slingshot, bow or cross bow.  2006, c. 12, s. 38 (2).
39 (1) For the purpose of ensuring compliance with this Act and the regulations, an officer may stop a vehicle, boat or aircraft.  2006, c. 12, s. 39 (1). Operator to stop (2) On the officer’s signal to stop, the operator of the vehicle, boat or aircraft shall immediately stop and produce for inspection any document, or other thing requested by the officer for the purpose of this Act and the regulations.  2006, c. 12, s. 39 (2). Stop signals (3) For the purpose of subsection (2), signals to stop include, (a) intermittent flashes of red or blue light, in the case of a vehicle; (b) intermittent flashes of blue light, in the case of a boat; and (c) a hand signal to stop, in the case of a vehicle or boat.  2006, c. 12, s. 39 (3); 2020, c. 36, Sched. 40, s. 19. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 19 - 08/12/2020