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O. Reg. 688/21: RULES OF CONDUCT IN CONSERVATION AREAS

filed October 1, 2021 under Conservation Authorities Act, R.S.O. 1990, c. C.27

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ontario regulation 688/21

made under the

Conservation Authorities Act

Made: September 8, 2021
Filed: October 1, 2021
Published on e-Laws: October 4, 2021
Printed in The Ontario Gazette: October 16, 2021

Rules of conduct in Conservation areas

Definitions

1. In this Regulation,

“all-terrain vehicle” means a self-propelled vehicle, other than a motor vehicle, a motorized snow vehicle, an off-road vehicle or a boat, that is intended to be driven,

(a)  on snow, on ice or on snow and ice, or

(b)  on land and water; (“véhicule hors-route”)

“boat” means a watercraft or other contrivance used or capable of being used as a means of transportation on water, but does not include an all-terrain vehicle; (“bateau”)

“camp-site” means a parcel of land in an area operated by an authority for the purpose of camping, that is identified by a camp-site number, post, marker or other suitable means; (“emplacement de camping”)

“conservation area” means the land owned by an authority; (“zone de protection de la nature”)

“domestic animal” means a horse, a dog or any other animal that is kept under human control either by habit or training and lives in association with human beings; (“animal domestique”)

“highway” means a highway as defined in subsection 1 (1) of the Highway Traffic Act or a highway whose use or intended use is restricted to permit holders; (“voie publique”)

“motorcycle” means a motorcycle as defined in subsection 1 (1) of the Highway Traffic Act; (“motocyclette”)

“motorized snow vehicle” means a motorized snow vehicle as defined in section 1 of the Motorized Snow Vehicles Act; (“motoneige”)

“motor vehicle” means a motor vehicle as defined in subsection 1 (1) of the Highway Traffic Act, but does not include an all-terrain vehicle or an off-road vehicle; (“véhicule automobile”)

“officer” means a member of a municipal police force within an area under the jurisdiction of an authority, a member of the Ontario Provincial Police Force or an officer appointed by an authority under section 30.1 of the Act; (“agent”)

“off-road vehicle” means an off-road vehicle as defined in section 1 of the Off-Road Vehicles Act; (“véhicule tout-terrain”)

“power boat” means a boat that is propelled other than by sail or muscular power; (“bateau à moteur”)

“roadway” means a roadway as defined in subsection 1 (1) of the Highway Traffic Act; (“chaussée”)

“superintendent” means the person designated by an authority as being in charge of a conservation area. (“surintendant”)

Application

2. This Regulation does not apply to any conservation area that is operated or managed by a municipality or a person or group of persons under an agreement between the municipality, person or group of persons and an authority.

Permit issuance, etc.

3. (1) A permit required for any activity or purpose under this Regulation may be issued on behalf of an authority by the secretary-treasurer of the authority or another person appointed by the authority or the executive committee of the authority for that purpose.

(2) A permit issued under this Regulation is not transferable.

(3) A person who holds a permit issued under this Regulation shall produce the permit for inspection at the request of an officer.

Prohibited activities

4. No person shall, in a conservation area,

(a)  deface, remove or damage any property;

(b)  cut, remove, injure or destroy a plant, tree, shrub, flower or other growing thing;

(c)  remove or destroy any soil or rock; or

(d)  use discriminatory, harassing, abusive, insulting or threatening language or gestures, make excessive noise or disturb other persons.

Activities requiring a permit

5. No person shall, in a conservation area, except under a permit issued by an authority,

(a)  kill, trap, pursue or disturb a wild bird, reptile or animal;

(b)  possess or ignite fireworks;

(c)  camp;

(d)  make an excavation;

(e)  possess, shoot, discharge or use a spring gun, air gun, firearm, slingshot or any archery equipment;

(f)  erect, paint or affix a sign or notice;

(g)  sell or offer for sale an article, thing or service;

(h)  engage in fund raising;

(i)  advertise or carry on a business or enterprise;

(j)  conduct a public performance of any kind, or bring equipment for public entertainment into the conservation area;

(k)  conduct a public meeting or do anything that is likely to cause persons to congregate; or

(l)  remain in the conservation area after the posted times.

Entering and remaining in conservation area

6. (1) No person shall enter or leave a conservation area, except at the locations designated by an authority.

(2) Where an authority has designated a conservation area or any part of a conservation area as being closed during certain times, no person shall enter or remain in the conservation area or that part of it, as the case may be, during those times.

Litter

7. (1) No person shall deposit litter in a conservation area except in a container designated for that purpose.

(2) Every person using a camp-site or other site in a conservation area shall at all times maintain the site in a clean and sanitary condition and when vacating the site, shall restore the site as nearly as possible to its natural condition.

Swimming

8. No person shall wade, bathe or swim in a conservation area, except during the times and in the areas designated by an authority.

Boating

9. (1) No person shall use a boat in a conservation area, except in the areas designated by an authority.

(2) No person shall operate a power boat in a conservation area, except under a permit issued by an authority and in the areas designated by the authority.

Fires

10. (1) No person shall start or maintain a fire in a conservation area except in a fireplace or other location designated by an authority or under a permit issued by the authority.

(2) No person who starts or maintains a fire in a conservation area shall leave the fire unattended or leave the site of the fire before it is completely extinguished.

(3) No person shall start or maintain a fire in a conservation area if the superintendent has posted a notice indicating that there is a fire hazard in the conservation area.

Camping

11. (1) No person shall,

(a)  occupy a camp-site, except under a permit issued by an authority; or

(b)  occupy a camp-site, under a permit issued by an authority, after check-out time on the departure day set out in the permit.

(2) A person who occupies a camp-site under a permit issued by an authority shall, no later than the check-out time on the departure day set out in the permit, vacate the camp-site and remove all shelter equipment and other personal property from the camp-site.

(3) A camping permit, other than a group camping permit, authorizes the holder and five other persons, or a greater number of persons where they are a single family of one or more parents and their children, to occupy the camp-site designated in the permit.

(4) A group camping permit authorizes members of a religious, charitable, educational or other philanthropic organization to occupy the camp-site designated in the permit.

(5) A holder of a camping permit may park, on the camp-site designated in the permit,

(a)  one motor vehicle other than a motorcycle; or

(b)  no more than two motorcycles.

(6) No person shall, except with the permission of the superintendent, park a motor vehicle on a camp-site if, in so doing, the number of motor vehicles permitted by subsection (5) is exceeded.

(7) A holder of a camping permit may park a motor vehicle in a designated parking area with the superintendent’s permission.

Day-use area permits

12. (1) No person shall,

(a)  enter or remain in an area designated by an authority as a day-use permit area, except under a permit issued by the authority; or

(b)  remain in an area designated by an authority as a day-use permit area after the check-out time on the departure day set out in the permit.

(2) A day-use area permit authorizes the holder and the other members of the holder’s party to enter and remain in the day-use area set out in the permit until check-out time on the departure day set out in the permit and to park one motor vehicle, or no more than two motorcycles, in a designated parking area.

Domestic and other animals

13. (1) No person shall bring an animal, other than a dog or cat, into a conservation area except under a permit issued by an authority.

(2) No person who owns or controls a domestic animal shall, in a conservation area, permit the animal to,

(a)  make excessive noise or disturb other persons;

(b)  enter water designated for wading, bathing or swimming or be on the beach adjacent to that water;

(c)  enter any waters adjacent to camp-sites where campers would obtain water for cooking or consumption;

(d)  be at large;

(e)  damage conservation area property or vegetation;

(f)  chase or harass wild animals or birds; or

(g)  injure, or attempt to injure, a person or other domestic animal.

(3) For the purposes of clause (2) (d), a domestic animal that is secured by a leash more than two metres long shall be considered to be at large.

(4) Despite clause (2) (d), a person may use or be accompanied by a dog that is not secured by a leash,

(a)  while the dog is accompanying a person who is lawfully hunting or training within the meaning of the Fish and Wildlife Conservation Act, 1997 if hunting or training is permitted in a conservation area and where a permit has been issued by an authority; or

(b)  within an area designated by an authority in which dogs are allowed to be off-leash.

(5) Clauses (2) (b), (c) and (d) do not apply to a person who is a holder of a National Identity Card issued by the Canadian Institute for the Blind or equivalent proof of legal blindness or to any other person with a disability as defined in section 2 of the Accessibility for Ontarians with Disabilities Act, 2005.

(6) The person in control of a domestic animal shall immediately dispose of excrement from the animal in such manner and at such location that it will not cause a health hazard or public inconvenience.

(7) Subsection (6) does not apply to a person who is unable to immediately dispose of excrement because of a disability as defined in section 2 of the Accessibility for Ontarians with Disabilities Act, 2005.

(8) The person in charge of a domestic animal that is not secured shall capture and secure the animal at the request of an officer.

(9) No person shall ride or lead a horse, pony or similar animal in a conservation area, except on a highway or other area designated by an authority for that purpose, or leave a horse, pony or similar animal in a location where it is likely to cause danger or inconvenience to other persons.

Vehicles

14. (1) The following provisions of the Highway Traffic Act apply, with necessary modifications, to the operation of motor vehicles on highways in a conservation area:

1.  Sections 133, 135, 136, 138 and 140.

2.  Section 141.

3.  Sections 142 and 143.

4.  Subsections 144 (15) and (18).

5.  Sections 147 to 150 and 153.

6.  Clause 154 (1) (a).

7.  Sections 156 to 160, 162, 165 and 167 to 173.

8.  Subsections 175 (11) to (12.2).

9.  Sections 177 to 180, 182, 184 and 188.

(2) No person shall, in a conservation area,

(a)  operate a motor vehicle or ride a bicycle, except on a roadway or other place designated by an authority;

(b)  operate a motor vehicle at a speed exceeding 20 kilometres per hour or the speed posted by an authority as the permitted maximum, whichever is higher;

(c)  park a motor vehicle, except in accordance with subsections 11 (5) to (7) or subsection 12 (2);

(d)  park a motor vehicle in a position that is likely to prevent the free or convenient movement of other vehicles;

(e)  leave a bicycle in a place likely to cause danger or inconvenience to other persons; or

(f)  operate a commercial vehicle, as defined in  subsection 1 (1) of the Highway Traffic Act, except with the permission of the superintendent.

All-terrain, off-road or motorized snow vehicles

15. No person shall operate an all-terrain vehicle, an off-road vehicle or a motorized snow vehicle in a conservation area, except,

(a)  under a permit issued by an authority and in a place designated by the authority for the operation, with permits, of all-terrain vehicles, off-road vehicles or motorized snow vehicles; or

(b)  in a place designated by an authority for the operation, without permits, of all-terrain vehicles, off-road vehicles or motorized snow vehicles.

Traffic directions

16. An officer may direct traffic in a conservation area, and every person shall obey a direction respecting traffic given by an officer.

Revocation of regulations

17. The following regulations, made under the Act, are revoked:

1.  Regulation 98 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Ausable-Bayfield).

2.  Regulation 99 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Cataraqui Region).

3.  Regulation 100 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Catfish Creek).

4.  Regulation 101 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Central Lake Ontario).

5.  Regulation 102 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Credit Valley).

6.  Regulation 103 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Crowe Valley).

7.  Regulation 104 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Essex Region).

8.  Regulation 105 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Ganaraska Region).

9.  Regulation 106 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Grand River).

10.  Regulation 107 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Grey Sauble).

11.  Regulation 108 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Halton Region).

12.  Regulation 109 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Hamilton Region).

13.  Regulation 110 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Kawartha Region).

14.  Regulation 111 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Kettle Creek).

15.  Regulation 112 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Lake Simcoe Region).

16.  Regulation 113 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Lakehead Region).

17.  Regulation 114 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Long Point Region).

18.  Regulation 115 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Lower Thames Valley).

19.  Regulation 116 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Lower Trent Region).

20.  Regulation 117 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Maitland Valley).

21.  Regulation 118 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Mattagami Region).

22.  Regulation 119 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Metropolitan Toronto and Region).

23.  Regulation 120 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Mississippi Valley).

24.  Regulation 121 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Moira River).

25.  Regulation 122 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Napanee Region).

26.  Regulation 123 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Niagara Peninsula).

27.  Regulation 124 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Nickel District).

28.  Regulation 125 of the Revised Regulations of Ontario, 1990 (Conservation Areas - North Bay-Mattawa).

29.  Regulation 126 of the Revised Regulations of Ontario, 1990 (Conservation Areas - North Grey Region).

30.  Regulation 127 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Nottawasaga Valley).

31.  Regulation 128 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Otonabee Region).

32.  Regulation 129 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Prince Edward Region).

33.  Regulation 130 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Rideau Valley).

34.  Regulation 131 of the Revised Regulations of Ontario, 1990 (Conservation Areas - St. Clair Region).

35.  Regulation 132 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Sauble Valley).

36.  Regulation 133 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Saugeen Valley).

37.  Regulation 134 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Sault Ste. Marie Region).

38.  Regulation 135 of the Revised Regulations of Ontario, 1990 (Conservation Areas - South Nation River).

39.  Regulation 136 of the Revised Regulations of Ontario, 1990 (Conservation Areas - Upper Thames River).

Commencement

18. This Regulation comes into force on the later of the day subsection 27 (1) of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force and the day this Regulation is filed.

Made by:
Pris par :

Le ministre de l'Environnement, de la Protection de la nature et des Parcs,

David Piccini

Minister of the Environment, Conservation and Parks

Date made: September 8, 2021
Pris le : 8 septembre 2021

 

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