Kawartha Highlands Signature Site Park Act, 2003

Bills that amended this Act0

No published amendment links yet for this Act.

Sections46

• 1Definitions

  1 In this Act, “all-terrain vehicle” means a self-propelled vehicle that is designed to be driven primarily on trails or terrain on which a road has not been constructed; (“véhicule tout terrain”) “management plan” means a plan prepared under subsection 10 (5) of the Provincial Parks and Conservation Reserves Act, 2006; (“plan de gestion”) “Minister” means the Minister of Natural Resources or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of Natural Resources or the ministry of the member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act; (“ministère”) “motor vehicle” means any vehicle propelled or driven otherwise than by muscular power, including an automobile, bus, all-terrain vehicle, motorcycle or…

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• 2Purpose

  2 The purposes of this Act are to ensure, (a) that the protection of the ecological integrity of the Kawartha Highlands Signature Site Park is recognized as the overriding priority in the management and administration of the Park, so as to preserve, protect and enhance the natural composition and abundance of native species, biological communities and ecological processes in the Park; (b) that the policies governing the Park, including its management, will protect the Park’s natural and cultural values, maintain its traditional uses and provide the opportunity for recreational activities that are compatible with the natural heritage values and semi-wilderness character of the Park; (c) that the Park will be managed so as to permit continued access to and enjoyment of private property and of Crown land that is subject to a land use permit, licence of occupation or lease under the Public L…

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• 3Application to Park

  3 (1) This Act applies to the Kawartha Highlands Signature Site Park established under the Provincial Parks and Conservation Reserves Act, 2006. 2003, c. 6, s. 3 (1); 2006, c. 12, s. 62 (2). Lands included (2) The Park shall be comprised of such lands as are set apart under the Provincial Parks and Conservation Reserves Act, 2006 and described in regulations made under that Act. 2003, c. 6, s. 3 (2); 2006, c. 12, s. 62 (2). Provincial Parks and Conservation Reserves Act, 2006 applies (3) The Provincial Parks and Conservation Reserves Act, 2006 and any regulation made under that Act applies to the Park. 2003, c. 6, s. 3 (3); 2006, c. 12, s. 62 (2). Excluded lands (4) The following types of lands shall not be included in the description of Park lands set out in the regulations made under the Provincial Parks and Conservation Reserves Act, 2006, even though those lands are otherwise surroun…

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• 4No expropriation

  4 Despite subsection 9 (2) of the Provincial Parks and Conservation Reserves Act, 2006, no land shall be expropriated under section 10 of the Ministry of Infrastructure Act, 2011 for the purpose of increasing the area of the Park. 2003, c. 6, s. 4; 2006, c. 12, s. 62 (3); 2011, c. 9, Sched. 27, s. 30. Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (3) - 15/06/2007 2011, c. 9, Sched. 27, s. 30 - 6/06/2011

• 4.
• 5Repealed

  5 Repealed: 2012, c. 8, Sched. 25, s. 2 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 25, s. 2 (1) - 20/06/2012; 2012, c. 8, Sched. 25, s. 2 (2) - 31/12/2013

• 6Park management, zoning

  6 Any decisions, designations or approvals made or issued by the Minister under section 12 of the Provincial Parks and Conservation Reserves Act, 2006 with respect to the planning and management of the Park, the designation of zones or the construction, acquisition, operation or use of Park facilities, utilities or equipment shall be consistent with the purposes set out in section 2 of this Act. 2003, c. 6, s. 6; 2006, c. 12, s. 62 (4). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (4) - 15/06/2007

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• 7Management plan

  7 (1) The Minister shall ensure that the preparation of a management plan for the Park is initiated under section 10 (5) of the Provincial Parks and Conservation Reserves Act, 2006 no later than one year after the day this section comes into force. 2003, c. 6, s. 7 (1); 2006, c. 12, s. 62 (5). Same (2) The Minister shall ensure that the management plan for the Park is consistent with the purposes set out in section 2. 2003, c. 6, s. 7 (2). Public consultation (3) The Minister shall ensure that the management plan for the Park and any major revisions to that plan are prepared with prior public consultation. 2003, c. 6, s. 7 (3). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (5) - 15/06/2007

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• 8Management of natural resources

  8 The Park’s natural resources shall be managed so as to protect the Park’s ecological integrity in accordance with the purposes set out in section 2, the Park’s management plan and with any document approved by the Minister relating to the management of natural resources in the Park, and having regard to the species that are classified as extirpated, endangered, threatened or of special concern by the Committee on the Status of Species at Risk in Ontario. 2003, c. 6, s. 8; 2007, c. 6, s. 62; 2025, c. 11, Sched. 11, s. 4. Section Amendments with date in force (d/m/y) 2007, chap. 6, s. 62 - 15/06/2007 2025, c. 11, Sched. 11, s. 4 - 30/03/2026

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• 9Restrictions on Park development

  9 No facility that is intended to be used by the public shall be erected or constructed by the Ministry at a location that is within 100 metres of private property that is surrounded by Park lands or abuts Park lands on or after the day this section comes into force. 2003, c. 6, s. 9. Roads and trails

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• 10No new roads

  10 (1) Despite section 28 of the Provincial Parks and Conservation Reserves Act, 2006, no new roads, including roads constructed solely to provide access to private property that is surrounded by Park lands or that abuts Park lands, shall be constructed in or through the Park on or after the day this section comes into force. 2003, c. 6, s. 10 (1); 2006, c. 12, s. 62 (6). Exception (2) Despite subsection (1), two new roads may be constructed in the Park, one of which shall provide public access to the Park from the western border of the Park and the other shall provide public access to the Park from the eastern border of the Park, if, (a) the exact location of the entrances to the Park and of their route through the Park is approved by the Minister; and (b) the construction begins within 30 months of the day this section comes into force. 2003, c. 6, s. 10 (2). Considerations for approva…

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• 11Hunting, fishing and trapping

  11 For greater certainty and despite subsection 15 (1) of the Provincial Parks and Conservation Reserves Act, 2006, a person may hunt, fish and trap in the Park in accordance with the Fish and Wildlife Conservation Act, 1997. 2006, c. 12, s. 62 (8). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (8) - 15/06/2007

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• 12Prohibited uses

  12 The following activities shall not be carried out on lands that are part of the Park: 1. Prospecting, staking mining claims, developing mineral interests or working mines. 2. Aggregate extraction. 3. Peat extraction. 4. Commercial forest harvesting. 5. Commercial electric power development. 2006, c. 12, s. 62 (9). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (9) - 15/06/2007 Access rights for property owners, etc.

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• 13Application

  13 (1) This section applies to, (a) an owner of private property that is surrounded by Park lands or that abuts Park lands; (b) a person who holds a lease of land, a licence of occupation or a land use permit issued under the Public Lands Act, where the land is surrounded by Park lands or abuts Park lands; (c) the guests of an owner or person described in clause (a) or (b); (d) a tenant of an owner described in clause (a) or the tenant’s guests; or (e) if a business is operated on a property or lands described in clause (a) or (b), the owner of the business and any employee or customer of the business who are not using other Park facilities. 2003, c. 6, s. 13 (1). Use of vehicles (2) Subject to subsection (3), a person described in subsection (1) may, without charge, enter the Park and operate a motor vehicle or a motorized snow vehicle in the Park, (a) if it is necessary in order to gai…

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• 14Mining and aggregate extraction

  14 (1) A person who holds a valid mining claim or a mining lease under the Mining Act, or who holds a permit under the Aggregate Resources Act, with respect to lands that are surrounded by Park lands or that abut Park lands may, without charge, enter the Park and operate a motor vehicle or a motorized snow vehicle anywhere in the Park but only to the extent that it is necessary in order to access lands for the purpose of mineral exploration or development or of aggregate extraction, as the case may be. 2003, c. 6, s. 14 (1). Same, employees (2) Any person who is employed by, or otherwise authorized by, the person referred to in subsection (1) to carry out mineral exploration or development or aggregate extraction on the lands described in subsection (1) may, without charge, enter the Park and operate a motor vehicle or a motorized snow vehicle anywhere in the Park but only to the extent …

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• 15Use of vehicles

  15 (1) No person shall operate a motor vehicle or a motorized snow vehicle in the Park unless they do so in accordance with this section or with section 13 or 14. 2003, c. 6, s. 15 (1). Motor vehicles (2) A person may operate a motor vehicle in the Park if the motor vehicle is operated on a pre-existing road or trail or on a road constructed under subsection 10 (2) for one of the following purposes: 1. In order to access areas within the Park for hunting purposes. 2. In order to access a Park facility. 2003, c. 6, s. 15 (2). Limitation (3) Despite paragraph 2 of subsection (2), a person operating a motor vehicle in the Park in order to access a Park facility shall only operate the motor vehicle on the roads or trails that provide the most direct route from the entrance of the Park to the facility. 2003, c. 6, s. 15 (3). Some vehicles restricted to roads (4) Despite subsection (2), a moto…

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• 16Landing of aircraft

  16 Subject to subsection 13 (7), no person shall land an aircraft in the Park unless, (a) he or she pays the fee imposed under the Provincial Parks and Conservation Reserves Act, 2006 and lands the aircraft in an area of the Park operated by the superintendent for that purpose and under the authority of a valid aircraft landing authorization issued under the Provincial Parks and Conservation Reserves Act, 2006; or (b) the landing is required for park management activities or for the provision of emergency services. 2003, c. 6, s. 16; 2006, c. 12, s. 62 (10). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (10) - 15/06/2007

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• 17Right of access

  17 (1) Subject to subsection (2), nothing in this Act shall limit or in any way diminish a right of access to or through land that is part of the Park where that right was granted under the Public Lands Act or other provincial legislation on or before March 29, 1999. 2003, c. 6, s. 17 (1). Change in route of access (2) Subject to any requirements of the Environmental Assessment Act, the superintendent may authorize a change in the location of a trail or road providing a right of access if the change is required for reasons of public safety or in order to protect the Park’s ecological integrity. 2003, c. 6, s. 17 (2); 2020, c. 18, Sched. 6, s. 57 (2). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 57 (2) - 15/05/2023

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• 18Authorized occupation of land

  18 Nothing in this Act shall affect any right to occupy land that is part of the Park where the right to occupy the land was granted under the Public Lands Act before the day this section comes into force and is exercised in accordance with the terms and conditions contained in the instrument granting the right or in a provision under the Public Lands Act. 2003, c. 6, s. 18.

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• 19Offence

  19 Every person who contravenes this Act is guilty of an offence and on conviction is liable to a fine of not more than $25,000. 2003, c. 6, s. 19.

• 19.
• 20Conflict

  20 If there is a conflict between a provision in this Act and a provision in the Provincial Parks and Conservation Reserves Act, 2006 or a regulation made under that Act, the provision in this Act prevails. 2003, c. 6, s. 20; 2006, c. 12, s. 62 (10). Section Amendments with date in force (d/m/y) 2006, c. 12, s. 62 (10) - 15/06/2007

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• 21Repealed

  21 Repealed: 2020, c. 18, Sched. 6, s. 57 (3). Section Amendments with date in force (d/m/y) 2020, c. 18, Sched. 6, s. 57 (3) - 15/05/2023

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• 22

  22 Omitted (provides for coming into force of provisions of this Act). 2003, c. 6, s. 22.

• 23

  23 Omitted (enacts short title of this Act). 2003, c. 6, s. 23. ______________