Declaration order

Having received a request from the Ministry of Natural Resources, that an undertaking, namely:

  1. designating, by regulation under the Provincial Parks Act, areas in Ontario as provincial parks; and
  2. designating, by regulation under the Public Lands Act, areas in Ontario as conservation reserves;

identified in the Ontario’s Living Legacy Land Use Strategy (July 1999), including the Temagami Land Use Plan (1997), and their interim management, be declared not subject to section 5 of the Act pursuant to section 3.2; and

Having been advised by the Ministry of Natural Resources that if the undertaking is subject to the application of the Act, the following injury, damage or interference with the persons and property indicated will occur:

  1. The Government of Ontario and the Ministry of Natural Resources (MNR) will be interfered within that their commitment to completing the province’s system of provincial parks and protected areas will be delayed;
  2. Protection offered by the Provincial Parks Act to recommended provincial parks areas will be delayed;
  3. Protection offered by the Public Lands Act to the recommended conservation reserves will be delayed; and,
  4. The public will be damaged by the loss of anticipated benefits associated with resource protection, scientific research and education opportunities, and the provision of outdoor recreation opportunities and associated tourism benefits.

Having weighed such injury, damage, or interference against the betterment of the people of the whole or any part of Ontario by the protection, conservation and wise management in Ontario of the environment which would result from the undertaking being subject to the application of section 5 of the Act;

The undersigned is of the opinion that it is in the public interest to declare and declares that the undertaking is not subject to the application of the Act for the following reasons:

  1. The objectives of provincial parks and conservation reserves are consistent with the conservation, protection and wise management of the environment;
  2. The establishment of new provincial parks and conservation reserves, and the contribution to the completion of Ontario’s system of protected areas has generated strong positive public interest;
  3. The establishment and protection of new provincial parks and conservation reserves will protect outstanding natural, cultural and recreational features and environments;
  4. The new provincial parks and conservation reserves which are the subject of this order were identified and recommended through extensive planning and public consultation processes (Ontario’s Living Legacy Land Use Strategy which incorporated the Temagami Land Use Plan);
  5. The conditions of this order make the planning and management of newly designated parks and conservation reserves subject to the planning and management policies that apply to provincial parks and conservation reserves.

This Declaration Order is subject to the following conditions:

  1. Where any activity which under this order would be declared not subject to the Act, is being carried out as, or is part of, an undertaking for which an environmental assessment has been accepted and approval to proceed received, the activity shall be carried out in accordance with any terms and conditions in the approval to proceed as well as the conditions of this order.
  2. Where any activity which is the subject of this order, is being carried out as, or is part of, another undertaking which is the subject of a declaration or exemption order under the Act, the activity exempt under this order shall be carried out in accordance with any terms and conditions in the other declaration or exemption order as well as the conditions in this order.
  3. MNR shall notify, individually, each landowner whose property would abut or would be surrounded by a provincial park or conservation reserve of the proposal to designate. Such notification shall occur prior to designation of the area under the Provincial Parks Act or under the Public Lands Act.
  4. The planning and management of the new provincial parks and conservation reserves shall be consistent with the land use policy and management direction contained in the Ontario’s Living Legacy Land Use Strategy (July 1999).
  5. MNR shall apply the Conservation Reserves Policy and Procedure (1997) to the planning and management of new conservation reserves.
  6. MNR shall apply the direction provided in the following documents to the planning and management of new provincial parks:
    • Ontario Provincial Parks Policy (1992)
    • Ontario Provincial Parks Planning and Management Policies (1992)
    • Ontario Provincial Parks Management Planning Manual (1994)
    • Ontario Provincial Parks Provincial Operating Standards (1992)
    • Ontario Provincial Parks Development Manual (1988)
    • Ontario Provincial Parks Capital Maintenance Standards(1984)
    • Provincial Parks Branch Policies and Procedures Manual
  7. Where any policy, procedure or standard listed in Condition 6 which MNR is required to follow under this order is amended, MNR will forward a copy of any such amendment to the Director of the Environmental Assessment and Approvals Branch of the Ministry of the Environment and will make it available for public inspection upon request.

Original signed by:
Tony Clement, Minister of the Environment
135 St. Clair Avenue West, 15th floor
Toronto, Ontario
M4V 1P5

Approved by O.C. number 182/2000
Environmental assessment file number: NR-AA-02 (MNR-65)