Declaration order

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

designating, by regulation under the Public Lands Act, the Our Colleagues Conservation Reserve,

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 with in that their commitment to continue to enhance representation of natural diversity in the province’s system of protected areas will be delayed;
  2. Protection offered by the Public Lands Act to the recommended conservation reserve will be delayed; and
  3. The public interest will be damaged by the loss of anticipated benefits associated with resource protection, scientific research, education, outdoor recreation, and tourism.

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 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 reason(s):

  1. The establishment of the Our Colleagues Conservation Reserve is a fitting memorial to four MNR employees who lost their lives in the pursuit of their duties as stewards of Ontario’s natural resources;
  2. The objectives of the Our Colleagues Conservation Reserve are consistent with conservation, protection and wise management of the environment;
  3. The establishment of the Our Colleagues Conservation Reserve will protect significant natural, cultural and recreational features and environments, and will contribute to the completion of Ontario’s system of protected areas;
  4. The Our Colleagues Conservation Reserve was identified and recommended through a planning and public consultation process and will be incorporated into the Crown Land Use Atlas;
  5. The proposal has generated strong public support; and,
  6. The conditions of this order make the planning and management of the Our Colleagues Conservation Reserve subject to the planning and management policies that apply to all other conservation reserves in the Province.

This declaration order is subject to the following terms and conditions:

  1. This order relates to the Our Colleagues Conservation Reserve, which shall be located in MNR's northeastern region, approximately 94 hectares in area.
  2. 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.
  3. 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.
  4. MNR shall notify, individually, each landowner whose property would abut or would be surrounded by the Our Colleagues Conservation Reserve of the proposal to make a regulation under the Public Lands Act. Such notification shall occur prior to designation of the area under the Public Lands Act.
  5. MNR shall apply the Conservation Reserves Policy and Procedure (1997), as amended by the Ontario’s Living Legacy Land Use Strategy (July, 1999) to the planning and management of the Our Colleagues Conservation Reserve.
  6. Where any policy or procedure listed in Condition 5, 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.

Dated the 2nd day of December, 2003 at Toronto.

Original signed by:
Minister of the Environment

Approved by O.C. number 1850/2003