Proposed Legislation for Provincial Parks and Conservation Reserves

Background Information

NEW PROVINCIAL PARKS AND CONSERVATION RESERVES LEGISLATION

The Ontario government is introducing new, stronger legislation for the permanent protection of provincial parks and conservation reserves.  In so doing, the government is promoting a healthier Ontario and protecting our biodiversity.  The new Provincial Parks and Conservation Reserves Act received first reading on October 25, 2005.

PROVINCIAL PARKS AND CONSERVATION RESERVES ACT

The proposed Provincial Parks and Conservation Reserves Act reflects the extensive public consultation undertaken last fall and incorporates recommendations of the Ontario Parks Board of Directors.

As drafted, the new legislation would make ecological integrity a first priority when planning and managing within parks and conservation reserves.  As suggested by the board, permitted activities in parks and reserves should help sustain their ecological integrity for future generations. This provision is a key part of the new act and is in keeping with the goals of Ontario’s Biodiversity Strategy.

Ecological integrity exists when the biological and physical parts of an ecosystem, as well as the makeup and abundance of native species and biological communities, reflect their natural regions.  As well, ecological processes can take place without interference. 

To enhance transparency and accountability, the new legislation would require the minister to report to the public every five years on the state of the parks and protected areas system.  The report would assess the extent to which the objectives of the system are being met, with particular focus on ecological and socio-economic conditions and benefits, ecological representation and other indicators.

The new legislation would make into law key policies for planning and management of protected areas.  The legislation would also make it mandatory for the minister to ensure that management direction is prepared for all provincial parks and conservation reserves, with opportunities for public consultation.

The prohibition on industrial activities in parks, such as commercial logging, mining, aggregate extraction and electric power development, would be set down in law.  There are some narrow exceptions to this provision aimed at maintaining economic opportunities or recognizing the unique needs of First Nation communities.

The new legislation would consolidate existing acts and recognize provincial parks and conservation reserves as part of an overall system of protected areas.  In so doing, the proposed act would provide guidance on planning and management for both areas while recognizing their differences.

In addition, as recommended by the Parks board the government will review the 10 existing wilderness areas, which cover 900 hectares, to determine if they should become provincial parks, conservation reserves, or returned to Crown land status.

The government will also begin the development of a non-legislative policy to address activities on Crown land adjacent to parks and conservation reserves that may negatively affect the ecological integrity of protected areas.  This policy would continue to support and promote sustainable resource and community development, and would be the subject of public consultation.

IT’S IN OUR NATURE

Last September, the government launched a review of the existing legislation governing provincial parks, conservation reserves and wilderness areas.  A discussion document was produced, outlining eight key legislative proposals, for public review and comment. 

The review focused on recognizing that ecological integrity is of primary importance.  It also aimed to include in legislation the key policies that promote protection of ecological integrity and that support sound management of protected areas.  As well, it sought to put in place measures to enhance transparency and public accountability, such as mandatory reporting on the state of protected areas.

During the fall of 2004, nine open houses were held across the province.  More than 1,500 responses to an online survey were received.  In addition, 141 written submissions were received from Aboriginal organizations, provincial stakeholders and other interested groups and individuals.  Over 1,100 letters and faxes came in from a range of interests.

All of the comments received were carefully reviewed and taken into consideration in preparing the new legislation.  The Ontario Parks Board of Directors, a public advisory committee, also reviewed the legislative proposals and public comment, and met with stakeholders upon request.  The board provided written recommendations to the ministry.