Declaration order

Having received a request from the Ministry of Natural Resources that, pursuant to section 3.2 of the Environmental Assessment Act (Act), section 5 of the Act be declared not to apply to an undertaking, namely:

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

in respect of recommended provincial parks and conservation reserves, listed in Condition 9 below.

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 with in 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 the recommended provincial parks areas will be delayed.
  3. Protection offered by the Public Lands Act to the recommended conservation reserves will be delayed.
  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 opportunies 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 for the protection, conservation and wise management in Ontario of the environment which would result from the undertaking being subject to the application of the Act;

The undersigned is of the opinion that it is in the public interest to order and orders that section 5 of the Act not apply to the undertaking 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 conservasion reserves, and the completion of the system of protected areas by the year 2000 has generated strong 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. Upon their creation, the new provincial parks will become subject to Exemption Order MNR 59/2. filed as Ontario Regulation 83/94 and its successors.
  5. MNR has committed to undertake a public consultation process to determine the most appropriate means of addressing long term Enviromental Assessment Act approval for the planning and management of provinicial parks and conservation reserves.
  6. MNR has advised that, with the exception of the proposed Alliston Pinery and Morris Tract Sites, which are private properties acquired by the Nature Conservancy of Canada and conveyed to the Crown under agreement for protection as Nature Reserve Provincial Parks, all of the sites subject to this order have been subject to a process of public notification and consultation.

This declaration is subject to the following conditions:

  1. Where any activity otherwise would not be subject to section 5 of the Environmental Assessment Act under this order, 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 with the conditions of this order.
  2. Where any activity is the subject of this order is being carried out as or is part of, another undertaking which is the subject of an exemption order or declaration order under the Act, the activity under this order shall be carried out in accordance with any terms and conditions in the other 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 provincial park or oonservation reserve. Such notification shall occur prior to designation of the area, either by regulation of the area under the Provincial Parks Act or designation of the conservation reserve under the Public Lands Act.
  4. MNR shall apply the policies and guidelines that were developed as a requirement of condition 4 of Exemption Order MNR-61 to the planning and management of all conservation reserves listed in MNR-61 and this declaration order.
  5. Until the undertaking of management of conservation reserves approval under the Environmental Assessment Act, conservation reserves will be managed on an interim basis as Crown land to maintain the integrity of natural resources.
  6. Immediately upon designation of the provincial park or conservation reserve, MNR will prohibit commercial timber management activities, mining, hydroelectric development and other industrial uses within the park or reserve.
  7. MNR shall determine how they intend to address the requirements of the Environmental Assessment Act for the planning and management of provincial parks and conservation reserves within 6 months of the date of the approval of this declaration order.
  8. With respect to Condition 7 above, MNR shall consult with the Ministry of Environment and Energy and other stakeholders as appropriate.
  9. The following are the recommended provincial parks and conservation reserves to which this order relates:

    Proposed provincial parks

    Southcentral

    • Alliston Pinery
    • Morris Tract

    Proposed conservation reserves

    Southcentral

    • Clear Lake
    • Torrance Barrens

    Northeast

    • Indian Bay South
    • Mac’s Bay
    • Matabichuan River
    • Narrows Island
    • Ottertail Creek
    • Rabbit Lake West
    • Temagami Island North
    • White Bear Forest

    Northwest

    • Greenwood Lake
    • Jog Lake Wetland
    • Miles Bay
    • Painted Rock
    • Shook Lake

Original signed by:
Minister of Environment and Energy

Approved by O.C. number 1283/97
Environmental assessment file number: NR-AA-04