Crown land use planning processes may result in proposed changes to Crown land use designations and policies. In some situations, it is desirable to ensure that there are minimal changes during the period that the land use proposals are being considered to maintain existing values and options. This need for short-term controls on land use changes, referred to as interim protection, may occur where the Ministry of Environment, Conservation and Parks (MECP) is considering the regulation of Crown lands as provincial park or conservation reserve through planning, or where land is considered for transfer to another agency.

Interim protection is primarily used to temporarily prohibit land uses or activities that may limit future land use planning decisions or are incompatible with the potential long-term designation of the areas. Interim protection will only be applied toward future Provincial Parks and Conservation Reserves Act, 2006 (PPCRA) protection where MECP has proposed that Crown lands could be added to a provincial park or conservation reserve and has notified the Ministry of Natural Resources (MNR) that a planning process is the preferred approach. If MECP leads with a PPCRA regulation proposal, interim protection would not be applied as this proposal would be publicly stated and interim protection would not be necessary.

In considering land uses and activities that may be permitted or prohibited in an area subject to interim protection, consideration should be given to aligning those decisions with the potential future land use designation for the area (for example, Recommended Provincial Park) or land transfer to another agency.

MNR administered activities that may be prohibited in the areas afforded interim protection include, but are not limited to:

  • forest harvesting
  • road construction, utility corridors and trails
  • aggregate and peat extraction
  • water and wind power development
  • land dispositions including sales, leases, licenses of occupation, and land use permits

The ministry will generally complete dispositions where there was a prior commitment made before the area was subject to interim protection. A prior commitment refers to a written undertaking by the ministry that establishes a responsibility to complete an action or transaction. Prior commitments can include the issuance, extension or renewal of tenure documents, licences or permits to existing rights holders.

The ministry may work with other ministries or government agencies to request they consider the implementation of interim protection measures in these areas for activities they administer.

A key consideration when applying interim protection is the possible requirement for mining rights withdrawals under the Mining Act. MNR shall engage the Ministry of Energy and Mines (MEM) early in any land use planning process that may necessitate the application of interim protection. Requests for withdrawals of areas under the Mining Act shall be developed by MNR in close consultation with MEM, consistent with the mineral exploration and development guidance in Section 11. Areas potentially withdrawn under the Mining Act should be scoped from the outset and modified as required through the land use planning process until, the final land use decisions are made. For proposals, MECP will lead engagement with MEM for MNR.

Consideration shall be given to pre-consultation with Indigenous communities, organizations, and key stakeholders with the intent of sharing information, assessing support, and identifying any potential impacts associated with advancing a proposal.

Interim protection must be in place prior to an area proposed for protection (for example, a Recommended Provincial Park or Recommended Conservation Reserve) being subject to broad public review (for example, release of a planning document or a proposed land use amendment). The exact stage of the planning process to apply interim protection is determined on a case-by-case basis by the ministry and other government agencies that administer approvals and activities on Crown land.

Interim protection shall apply until:

  • the land transfer to another agency has occurred and the lands are therefore no longer administered by MNR
  • a land use decision for the areas in question has been approved, after which the policy associated with the respective land use designation applies

Interim protection shall be reviewed by the ministry after a period of 5 years from its initial application, where a final land use decision has not been made. If the ministry determines that the land use planning process or proposal will not proceed, then interim protection shall be lifted by the ministry following engagement with other ministries as required. Where interim protection is removed, land uses permitted within the area shall be those that applied prior to the application of interim protection, unless these land uses have been amended through a formal land use planning process.