Provincial Parks and Conservation Reserves Act, 2006

Purpose, Objectives, Management Principles and Interpretation

1 The purpose of this Act is to permanently protect a system of provincial parks and conservation reserves that includes ecosystems that are representative of all of Ontario’s natural regions, protects provincially significant elements of Ontario’s natural and cultural heritage, maintains biodiversity and provides opportunities for compatible, ecologically sustainable recreation. 2006, c. 12, s. 1. Objectives

2 (1) The following are the objectives in establishing and managing provincial parks: 1. To permanently protect representative ecosystems, biodiversity and provincially significant elements of Ontario’s natural and cultural heritage and to manage these areas to ensure that ecological integrity is maintained. 2. To provide opportunities for ecologically sustainable outdoor recreation opportunities and encourage associated economic benefits. 3. To provide opportunities for residents of Ontario and visitors to increase their knowledge and appreciation of Ontario’s natural and cultural heritage. 4. To facilitate scientific research and to provide points of reference to support monitoring of ecological change on the broader landscape. 2006, c. 12, s. 2 (1). Objectives: conservation reserves (2) The following are the objectives in establishing and managing conservation reserves: 1. To permanen…

3 The following principles shall guide all aspects of the planning and management of Ontario’s system of provincial parks and conservation reserves: 1. Maintenance of ecological integrity shall be the first priority and the restoration of ecological integrity shall be considered. 2. Opportunities for consultation shall be provided. 2006, c. 12, s. 3.

4 Nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for the existing aboriginal and treaty rights of the aboriginal peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982. 2006, c. 12, s. 4.

5 (1) In this Act, “conservation reserve manager” means a person who is designated by the Minister to be in charge of a conservation reserve; (“directeur de réserve de conservation”) “First Nation” means a band as defined in the Indian Act (Canada); (“Première Nation”) “Minister” means the Minister of the Environment, Conservation and Parks or any other member of the Executive Council to whom the administration of this Act is assigned under the Executive Council Act; (“ministre”) “Ministry” means the ministry of the Minister; (“ministère”) “officer” includes a conservation officer, a park warden designated under section 12, a park ranger, a conservation reserve manager, a superintendent and an assistant superintendent designated under section 12; (“agent”) “public lands” means lands belonging to the Crown in right of Ontario, whether or not covered with water; (“terres publiques”) “regul…

Continuation and Creation of Provincial Parks and Conservation Reserves and Classification of Provincial Parks

6 Ontario’s provincial parks and conservation reserves are dedicated to the people of Ontario and visitors for their inspiration, education, health, recreational enjoyment and other benefits with the intention that these areas shall be managed to maintain their ecological integrity and to leave them unimpaired for future generations. 2006, c. 12, s. 6.

7 All provincial parks and conservation reserves in existence when this Act is proclaimed in force shall continue to be reserved, set apart and known as provincial parks or conservation reserves, as the case may be. 2006, c. 12, s. 7.

8 (1) The Lieutenant Governor in Council may classify provincial parks in one of the following classes: 1. Wilderness Class Parks. 2. Nature Reserve Class Parks. 3. Cultural Heritage Class Parks. 4. Natural Environment Class Parks. 5. Waterway Class Parks. 6. Recreational Class Parks. 7. Adventure Class Parks. 8. Urban Class Parks. 9. Such other class of parks as may be prescribed by the regulations. 2006, c. 12, s. 8 (1); 2025, c. 19, s. 1 (1). Objectives: wilderness class parks (2) The objective of wilderness class parks is to protect large areas where the forces of nature can exist freely and visitors travel by non-mechanized means, except as may be permitted by regulation, while engaging in low-impact recreation to experience solitude, challenge and integration with nature. 2006, c. 12, s. 8 (2). Objectives: nature reserve class parks (3) The objectives of nature reserve class parks …

9 (1) The Lieutenant Governor in Council may by order set apart as a provincial park or a conservation reserve any area in Ontario, may decrease or increase the area of any provincial park or conservation reserve and may prescribe the boundaries of any provincial park or conservation reserve. 2006, c. 12, s. 9 (1). Acquisition of land (2) Land may be acquired under the Ministry of Infrastructure Act, 2011 for the purposes of this Act. 2006, c. 12, s. 9 (2); 2011, c. 9, Sched. 27, s. 37. Disposition of land, less than 1 per cent of the area (3) The Lieutenant Governor in Council may by order dispose of an area of a provincial park or conservation reserve that is less than 50 hectares or less than 1 per cent of the total area of the provincial park or conservation reserve, whichever is the lesser. 2006, c. 12, s. 9 (3). Disposition of land, 1 per cent or more of area (4) The Lieutenant Gov…

Provincial Park and Conservation Reserve Planning and Reporting Provincial park and conservation reserve planning

10 (1) The Minister shall ensure that the Ministry prepares a management plan that applies to each provincial park and conservation reserve. 2020, c. 36, Sched. 40, s. 2. Non-application (2) Subsection (1) does not apply with respect to a provincial park or a conservation reserve for which a management plan is deemed to have been approved under this section. 2020, c. 36, Sched. 40, s. 2. Application to more than one provincial park or conservation reserve (3) A management plan may apply to one or more provincial parks, one or more conservation reserves or to a combination of provincial parks and conservation reserves. 2020, c. 36, Sched. 40, s. 2. Management plan, approval and contents (4) A management plan shall, (a) be approved by the Minister; and (b) identify site specific management policies for the provincial parks and conservation reserves to which the plan applies. 2020, c. 36, S…

11 (1) The Minister shall report publicly on the state of the provincial park and conservation reserve system. 2006, c. 12, s. 11 (1). Report contents (2) The report shall provide, but shall not be limited to, a broad assessment of the extent to which the objectives of provincial parks and conservation reserves, as set out in this Act, are being achieved, including ecological and socio-economic conditions and benefits, the degree of ecological representation, number and area of provincial parks and conservation reserves, known threats to ecological integrity of provincial parks and conservation reserves and their ecological health and socio-economic benefits. 2006, c. 12, s. 11 (2). Timing of reports (3) The Minister shall begin reporting on the system no later than by the fifth anniversary of the day this section is proclaimed in force and all components of the report shall be reported …

Administration and Land Use

12 (1) The Minister is responsible for the control and management of provincial parks and conservation reserves and shall designate a superintendent to have charge of each provincial park and a conservation reserve manager to have charge of each conservation reserve. 2006, c. 12, s. 12 (1); 2020, c. 36, Sched. 40, s. 3 (1). Assistant superintendent (1.1) The Minister may designate an assistant superintendent who, in the absence of a superintendent, may exercise the powers of a superintendent and shall perform the duties of a superintendent. 2009, c. 33, Sched. 22, s. 9 (2). Park warden (1.2) The Minister may designate a person or class of persons as park wardens for the purpose of this Act and the regulations. 2009, c. 33, Sched. 22, s. 9 (2). Zoning in provincial parks and conservation reserves (2) As part of the approval of a management plan, the Minister may define areas on maps or pl…

13 (1) Land in provincial parks and conservation reserves shall be used and occupied in accordance with this Act and the regulations. 2006, c. 12, s. 13 (1). Prohibition (2) No person shall use or occupy land in a provincial park or conservation reserve except in accordance with this Act and the regulations. 2006, c. 12, s. 13 (2).

14 (1) Subject to this Act and the regulations, the Minister may authorize a person to use or occupy land in a provincial park or conservation reserve by, (a) entering into an agreement respecting the use or occupation of the land; (b) issuing a land use permit or licence of occupation; (c) granting a lease; or (d) granting an easement in or over the land. 2020, c. 36, Sched. 40, s. 4 (1). Limitation for private, non-commercial purposes (2) Despite subsection (1), the Minister shall not authorize a person to occupy land in a provincial park or conservation reserve for private non-commercial purposes, except if one or more of the following circumstances applies: 1. Issuing or granting the instrument extends the term of occupation of an existing instrument holder. 2. The circumstances that may be prescribed by the regulations allowing an authorization to be given with respect to an existin…

14.1 (1) The Minister may cause any land in a provincial park or conservation reserve to be surveyed and may annul in whole or in part any survey or subdivision made in respect of land within a provincial park or conservation reserve. 2020, c. 36, Sched. 40, s. 5. Amended plans (2) Where a plan of survey or subdivision has been or is registered or deposited in the proper land registry office and the Minister annuls in whole or in part the survey or subdivision under subsection (1), the Minister shall cause an amended plan to be registered or deposited in the proper land registry office. 2020, c. 36, Sched. 40, s. 5. Delegation (3) The Minister may delegate to the Surveyor General the power under subsection (1) or the duty under subsection (2). 2020, c. 36, Sched. 40, s. 5. Replacement instrument (4) Where an instrument mentioned in clause 14 (1) (b), (c) or (d) has been issued or granted…

14.2 The Surveyor General or his or her delegate may require an applicant for an instrument mentioned in clause 14 (1) (b), (c) or (d) to arrange and pay for a survey to be made in respect of the relevant land. 2020, c. 36, Sched. 40, s. 5. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 5 - 08/12/2020

14.3 (1) The Minister shall forward any lease or easement granted under section 14 to the proper land registry office. 2020, c. 36, Sched. 40, s. 6. Registration (2) Upon receipt of an instrument forwarded under subsection (1), the land registrar shall register the instrument and note particulars of registration on a copy and forward the copy to the instrument holder at the address provided by the Ministry. 2020, c. 36, Sched. 40, s. 6. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 6 - 02/07/2021

14.4 (1) Any building, structure or thing remaining on land in respect of which an agreement was entered into under clause 14 (1) (a) or an instrument was issued or granted under clause 14 (1) (b), (c) or (d) after the cancellation, termination or expiration of the agreement or instrument, or any building, structure or thing on land in a provincial park or conservation reserve possessed or occupied without lawful authority, is the property of the Crown and may be sold, disposed of or destroyed under the direction of the Minister. 2020, c. 36, Sched. 40, s. 7. Recovery of cost and expense (2) Any cost or expense incurred in the sale, disposition or destruction of a building, structure or thing referred to in subsection (1) is a debt due to the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person responsible for the construction of…

14.5 (1) Despite any other law, including the Real Property Limitations Act and any other Act or any common law rule, but subject to subsection (2), no person may acquire a right, title or interest in the following lands by or through the use, possession or occupation of the lands or by prescription, on or after the day the Supporting People and Businesses Act, 2021 receives Royal Assent: 1. Public lands that are within a provincial park or conservation reserve. 2. Public lands acquired for the purposes of this Act or the Provincial Parks Act before its repeal, that are not in a provincial park or conservation reserve. 2021, c. 34, Sched. 22, s. 1. Application (2) This section does not apply if the right to bring an action on behalf of the Crown against a person for the recovery of the lands was barred by the Real Property Limitations Act before the day the Supporting People and Business…

15 (1) Hunting is not permitted in provincial parks unless it is allowed by regulation made under the Fish and Wildlife Conservation Act, 1997. 2006, c. 12, s. 15 (1). Hunting, exception Algonquin Park (2) Despite subsection (1) and the repeal of The Algonquin Provincial Park Extension Act, 1960-61, hunting is permitted on the public lands in the Geographic Townships of Bruton and Clyde that were added to Algonquin Park by section 1 of The Algonquin Provincial Park Extension Act, 1960-61. 2006, c. 12, s. 15 (2). Hunting, conservation reserves (3) Hunting is permitted in conservation reserves unless it is prohibited by regulation made under the Fish and Wildlife Conservation Act, 1997. 2006, c. 12, s. 15 (3).

16 (1) The following activities shall not be carried out on lands that are part of a provincial park or conservation reserve: 1. Commercial timber harvest. 2. Generation of electricity. 3. Prospecting, staking mining claims, developing mineral interests or working mines. 4. Extracting aggregate, topsoil or peat. 5. Other industrial uses. 2006, c. 12, s. 16 (1). Definitions (2) In this section and in sections 17 to 20, “aggregate” means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite, rock or other material prescribed under the Aggregate Resources Act; (“agrégats”) “generation of electricity” means the generation of electricity through the deployment or construction of electrical energy producing devices or facilities and supporting infrastructure, including wind turbines, solar panels, pump storage facilities, reservoirs, impoundments and water c…

17 (1) Despite section 16, timber may be harvested for commercial purposes in Algonquin Provincial Park in accordance with the Algonquin Forestry Authority Act, the Algonquin Provincial Park Management Plan and the Crown Forest Sustainability Act, 1994. 2006, c. 12, s. 17 (1). Interpretation (2) Nothing in section 16 prevents the harvesting of timber for the purposes of forest research or forest management in support of provincial park or conservation reserves objectives and consistent with this Act and the regulations. 2006, c. 12, s. 17 (2). Charges (3) Crown charges for timber harvested under subsection (2) may be determined by the Minister. 2006, c. 12, s. 17 (3). Sale of timber (4) Nothing in section 16 prevents the sale of timber harvested under subsection (2). 2006, c. 12, s. 17 (4).

18 (1) Despite section 16, (a) oil and gas wells located in a provincial park or conservation reserve on the day this section is proclaimed in force may continue to operate; (b) oil and gas wells that are located in an area before the area becomes a provincial park or conservation reserve or a part of one may continue to operate; and (c) aggregate pits located in provincial parks and conservation reserves that are authorized under the Aggregate Resources Act to operate on the day this section is proclaimed in force may continue in accordance with existing licences, permits or other authorizations. 2006, c. 12, s. 18 (1). Exception, aggregate pits (2) Nothing in section 16 prevents the use of aggregate for provincial park or conservation reserve purposes if the aggregate is produced in the provincial park or conservation reserve incidentally as a result of construction activities authoriz…

19 (1) Despite section 16, facilities for the generation of electricity located in a provincial park or conservation reserve that exist on the day this section is proclaimed in force may continue to operate and be maintained and, with the approval of the Minister, may be improved, rebuilt or altered. 2006, c. 12, s. 19 (1). Exception, not connected to IESO-controlled grid (2) Despite section 16 and subject to the approval of the Minister, facilities for the generation of electricity may be developed in provincial parks and conservation reserves for use within communities that are not connected to the IESO-controlled grid. 2006, c. 12, s. 19 (2); 2009, c. 12, Sched. L, s. 20. Exception, existing commitments (3) If a facility for the generation of electricity was specifically identified in a Ministry land use plan before the site where the facility is to be located was regulated as part of…

20 (1) Subject to the policies of the Ministry and the approval of the Minister, with or without conditions, resource access roads and trails for non-provincial park and conservation reserve uses in provincial parks and conservation reserves are permitted in the following circumstances: 1. Roads and trails that are required for reasonable access to existing mining tenure or claims within a provincial park or conservation reserve or surrounded by a provincial park or conservation reserve. 2. Roads and trails that are required to access minerals or Crown timber outside of a provincial park or conservation reserve. 2006, c. 12, s. 20 (1). Utility corridors (2) Subject to the policies of the Ministry and the approval of the Minister, with or without conditions, utility corridors, including but not limited to utility corridors for electrical transmission lines, are permitted in provincial par…

21 In approving the development of a facility for the generation of electricity under subsection 19 (2), (3) or (4) or approving a resource access road or trail or a utility corridor under section 20, the Minister must be satisfied that the following conditions are met: 1. There are no reasonable alternatives. 2. Lowest cost is not the sole or overriding justification. 3. Environmental impacts have been considered and all reasonable measures will be undertaken to minimize harmful environmental impact and to protect ecological integrity. 2009, c. 12, Sched. L, s. 21. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 21 - 14/05/2009

22 (1) Except in accordance with the terms and conditions of a work permit issued under this Act, no person shall, in a provincial park or conservation reserve, cause or permit, (a) the construction, expansion or placement of any building, structure or thing; (b) the construction of any trail or road; (c) the clearing of any land; (d) the filling of any shore lands; (d.1) the dredging of any shore lands or any lands covered by water; or (e) any activity permitted under section 17, 18, 19 or 20 that causes, results or is expected to result in a major disruption or impairment of the ecological integrity of a provincial park or conservation reserve. 2006, c. 12, s. 22 (1); 2020, c. 36, Sched. 40, s. 9. Same (2) For greater certainty, a work permit is required for activities described in subsection (1) even if the lands are occupied under the authority of a lease, land use permit or a licenc…

Powers of Minister

23 The Minister, with the approval of the Lieutenant Governor in Council, may appoint committees to perform such advisory functions as are considered necessary or desirable in connection with the administration of one or more of the provincial parks or conservation reserves and fix the terms of reference and procedures of such committees. 2006, c. 12, s. 23.

24 (1) The Minister may enter into an agreement with any person authorizing or requiring the person to exercise any power or perform any duty that is granted to or vested in the Minister or a superintendent or conservation reserve manager under this Act. 2006, c. 12, s. 24 (1); 2020, c. 36, Sched. 40, s. 10. Exceptions (2) Subsection (1) does not apply to the powers of the Minister under sections 25 and 28. 2006, c. 12, s. 24 (2); 2012, c. 8, Sched. 48, s. 4. Terms and conditions (3) An agreement under subsection (1) may contain such terms and conditions as the Minister considers appropriate. 2006, c. 12, s. 24 (3). Deeds and contracts (4) Section 6 of the Executive Council Act does not apply to a deed or contract that is executed under an agreement made under subsection (1). 2006, c. 12, s. 24 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 48, s. 4 - 20/06/2012 20…

25 (1) The Minister may receive and take from any person or entity by grant, gift, devise, bequest or otherwise, any property, real or personal, or any interest in property, for any purpose in respect of a provincial park or conservation reserve. 2006, c. 12, s. 25 (1); 2020, c. 36, Sched. 40, s. 11. Surface rights (2) Where only the surface rights in land are received and taken by the Minister under subsection (1) and the mines and minerals are not vested in the Crown, paragraph 3 of subsection 16 (1) does not apply to the land. 2006, c. 12, s. 25 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 11 - 08/12/2020 Fees and rentals

26 (1) The Minister may establish and charge, (a) fees for entrance into provincial parks and conservation reserves of persons, vehicles, boats or aircraft; (b) fees for the use of provincial parks and conservation reserves or of any facilities or services in provincial parks and conservation reserves; and (c) fees and rentals for any licence, permit, lease or other right issued, made or given in respect of a provincial park or conservation reserve. 2006, c. 12, s. 26 (1); 2020, c. 36, Sched. 40, s. 12 (1-3). (2) Repealed: 2020, c. 36, Sched. 40, s. 12 (4). Service fees (3) Despite any other Act, any lease, licence of occupation or land use permit granted or issued under this Act or a predecessor Act shall be deemed to include a term requiring the payment of a service fee, in addition to the payment of rent under the lease or of the fee charged under the licence or permit. 2006, c. 12, s…

27 (1) The following amounts in respect of provincial parks and conservation reserves shall be held in a separate account in the Consolidated Revenue Fund: 1. All fines, fees and rentals paid under this Act or the regulations. 2. All amounts received by the Crown under agreements made under this Act or the regulations. 3. All costs or expenses recovered by the Crown under subsection 52 (7). 4. All amounts received by the Minister pursuant to subsection 25 (1). 5. All other amounts received or revenues generated in respect of provincial parks or conservation reserves. 2006, c. 12, s. 27 (1); 2020, c. 36, Sched. 40, s. 13 (1, 2). Money in account (2) Money standing to the credit of the separate account is, for the purpose of the Financial Administration Act, money paid to Ontario for a special purpose. 2006, c. 12, s. 27 (2). Payments out of account (3) The Minister may direct that money b…

28 (1) The Minister may enter into an agreement with a municipality for the construction or maintenance of a road or the reconstruction or maintenance of an existing road under the jurisdiction and control of the municipality for the purpose of providing access to a provincial park or a conservation reserve. 2006, c. 12, s. 28 (1); 2012, c. 8, Sched. 48, s. 5 (1). Jurisdiction and control of road (2) A road constructed, reconstructed or maintained under an agreement made under subsection (1) remains under the jurisdiction and control of the municipality. 2006, c. 12, s. 28 (2). Same, in unorganized territory (3) The Minister may arrange with a person who is the owner of land in territory without municipal organization for the construction or maintenance of a road in the territory for the purpose of providing access to a provincial park or a conservation reserve. 2006, c. 12, s. 28 (3); 2…

29 The Minister may collect personal information within the meaning of the Freedom of Information and Protection of Privacy Act for the purposes of this Act. 2006, c. 12, s. 29.

30 The Minister may provide educational grants to students who work in provincial parks or conservation reserves. 2006, c. 12, s. 30.

General

31 (1) For municipal purposes, any land set apart as a provincial park or conservation reserve or added to a provincial park or conservation reserve shall, so long as it remains part of the provincial park or conservation reserve, be deemed to be separated from any municipality of which it formed a part immediately before it became a provincial park or conservation reserve or a part of one. 2006, c. 12, s. 31 (1). Judicial purposes (2) For judicial purposes, any land set apart as a provincial park or conservation reserve or added to a provincial park or conservation reserve shall continue to form part of the county, if any, of which it formed a part immediately before it became a provincial park or conservation reserve or a part of one. 2006, c. 12, s. 31 (2). Tax assistance, assessment (3) Despite subsection (1), for the purposes of the Municipal Tax Assistance Act, any land set apart a…

32 (1) Despite the Municipal Act, 2001 and the City of Toronto Act, 2006, every unopened road allowance that is within a provincial park and that has not been closed and conveyed shall be deemed to have been vested in the Crown from the day on which the area was set apart as a provincial park or the area in which the unopened road allowance is located was added to the provincial park. 2006, c. 12, s. 32 (1); 2006, c. 32, Sched. C, s. 52 (4). Unopened road allowance, conservation reserves (2) Despite the Municipal Act, 2001 and the City of Toronto Act, 2006, every unopened road allowance that is within a conservation reserve and that has not been closed and conveyed shall be deemed to have been vested in the Crown from the day on which the area was set apart as a conservation reserve or the area in which the unopened road allowance is located was added to the conservation reserve. 2006, c…

33 (1) The superintendent in charge of a provincial park and the conservation reserve manager in charge of a conservation reserve may open or close to travel any road or trail in the provincial park or conservation reserve that is not under the control of the Ministry of Transportation, or any portage in the provincial park or conservation reserve. 2006, c. 12, s. 33 (1); 2020, c. 36, Sched. 40, s. 14. Prohibition against travel on closed road (2) No person who has knowledge of the closing of a road, trail or portage under subsection (1) shall travel on the road, trail or portage. 2006, c. 12, s. 33 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 14 - 08/12/2020

33.1 (1) Subject to subsection (3), no cause of action arises against the Crown or any of the Crown’s current or former ministers, agents, appointees or employees as a direct or indirect result of any negligence or failure to take reasonable care in respect of the construction, maintenance or repair of a road in a provincial park or conservation reserve where a permit is not required under this Act or the regulations to take a vehicle into the provincial park or conservation reserve. 2020, c. 36, Sched. 40, s. 15. No proceeding (2) Subject to subsection (3), no proceeding that is directly or indirectly based on or related to anything referred to in subsection (1) may be brought or maintained against a person referred to in that subsection. 2020, c. 36, Sched. 40, s. 15. Exception (3) Subsection (1) does not apply to a cause of action in respect of a contract for the construction, mainten…

34 (1) Subject to the Fish and Wildlife Conservation Act, 1997 and the regulations under that Act, the Minister may take such measures as the Minister considers proper for the protection in a provincial park or a conservation reserve of fish, wildlife and invertebrates within the meaning of that Act. 2006, c. 12, s. 34 (1). Conservation of Crown property (2) The Minister may take such measures as the Minister considers proper for the protection in a provincial park or a conservation reserve of any property of the Crown. 2006, c. 12, s. 34 (2).

35 (1) The superintendent in charge of a provincial park and the conservation reserve manager in charge of a conservation reserve may develop and operate facilities and provide services in accordance with the purpose and objectives of this Act and subject to the management plan for the provincial park or conservation reserve. 2006, c. 12, s. 35 (1); 2020, c. 36, Sched. 40, s. 16 (1). Agreements (2) The superintendent in charge of a provincial park and the conservation reserve manager in charge of a conservation reserve may enter into agreements for the development and operation of facilities and the provision of services in respect of the provincial park or conservation reserve. 2006, c. 12, s. 35 (2); 2020, c. 36, Sched. 40, s. 16 (2). Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 16 (1, 2) - 08/12/2020

36 (1) Any lost, mislaid or abandoned property coming into the custody of the superintendent in charge of a provincial park or the conservation reserve manager in charge of a conservation reserve and not claimed by the owner within three months is the property of the Crown in right of Ontario and may be sold under the direction of the Minister, but, if the property is perishable or has no commercial value, it may be given to a charitable institution or destroyed. 2006, c. 12, s. 36 (1); 2020, c. 36, Sched. 40, s. 17. Same (2) If a person establishes to the satisfaction of the Minister within one year after the date of sale that the person was the owner of property sold under subsection (1), the Minister may direct the payment to the person of an amount equal to the price received for the property less the cost of the sale and other expenses incurred in connection with the property. 2006,…

Enforcement and Offences

37 An officer, other than a conservation reserve manager, has all the power and authority of a member of the Ontario Provincial Police within a provincial park or conservation reserve. 2006, c. 12, s. 37; 2020, c. 36, Sched. 40, s. 18. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 18 - 08/12/2020

38 (1) For the purposes of ensuring compliance with this Act and the regulations, an officer may inspect a firearm or ammunition in a provincial park or a conservation reserve. 2006, c. 12, s. 38 (1). Definition (2) In this section, “firearm” includes a rifle, shotgun, air gun, pellet gun, paint ball gun, slingshot, bow or cross bow. 2006, c. 12, s. 38 (2).

39 (1) For the purpose of ensuring compliance with this Act and the regulations, an officer may stop a vehicle, boat or aircraft. 2006, c. 12, s. 39 (1). Operator to stop (2) On the officer’s signal to stop, the operator of the vehicle, boat or aircraft shall immediately stop and produce for inspection any document, or other thing requested by the officer for the purpose of this Act and the regulations. 2006, c. 12, s. 39 (2). Stop signals (3) For the purpose of subsection (2), signals to stop include, (a) intermittent flashes of red or blue light, in the case of a vehicle; (b) intermittent flashes of blue light, in the case of a boat; and (c) a hand signal to stop, in the case of a vehicle or boat. 2006, c. 12, s. 39 (3); 2020, c. 36, Sched. 40, s. 19. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 40, s. 19 - 08/12/2020

40 (1) For the purpose of ensuring compliance with this Act and the regulations, an officer may enter and inspect any land, building or other place in a provincial park or conservation reserve. 2020, c. 36, Sched. 40, s. 20 (1). Dwellings (2) Subsection (1) does not apply to a building or a part of a building or other place that is being used as a dwelling. 2006, c. 12, s. 40 (2). Powers during inspection (3) During the inspection, the officer may, (a) inspect any document that is required to be kept by this Act or by the regulations; (b) inspect any other thing that is in or on the land, building or other place; (c) ask questions that may be relevant to the inspection; and (d) conduct any tests that may be relevant to the inspection. 2006, c. 12, s. 40 (3); 2020, c. 36, Sched. 40, s. 20 (2, 3). Provision of information (4) No person shall, during the inspection, refuse to provide docume…

41 (1) If an officer believes on reasonable grounds that there is in a building or other place any thing that will afford evidence of an offence under this Act or the regulations, the officer may obtain a search warrant under Part VIII of the Provincial Offences Act. 2006, c. 12, s. 41 (1). Assistance in executing warrant (2) An officer may call upon a police officer for assistance in executing the warrant. 2006, c. 12, s. 41 (2). Necessary force (3) An officer may use as much force as is necessary to execute a search warrant or to exercise any authority given by this section. 2006, c. 12, s. 41 (3). Computers (4) An officer who is conducting a search may use or cause to be used any computer system for the purpose of examining information contained in or available to the computer system, and may produce or cause to be produced a printout or other output from the computer system. 2006, c.…

42 (1) If an officer believes on reasonable grounds that there is in a building or other place any thing that will afford evidence of an offence under this Act or the regulations but that the time required to obtain a search warrant would lead to the loss, removal or destruction of the evidence, the officer may, without a search warrant, enter and search the building or other place. 2006, c. 12, s. 42 (1). Dwellings (2) Subsection (1) does not apply to a building or part of a building or other place that is being used as a dwelling. 2006, c. 12, s. 42 (2). Application of s. 41 (2) to (4) (3) Subsections 41 (2), (3) and (4) apply with necessary modifications to a search under this section. 2006, c. 12, s. 42 (3).

43 (1) An officer who is lawfully in a building or other place may, with or without a warrant, seize any thing that he or she believes on reasonable grounds, (a) has been obtained by the commission of an offence under this Act or the regulations; (b) has been used in the commission of an offence under this Act or the regulations; (c) will afford evidence of the commission of an offence under this Act or the regulations; or (d) is intermixed with a thing referred to in clause (a), (b) or (c). 2006, c. 12, s. 43 (1). Presence pursuant to warrant (2) If the officer is in the building or other place pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant. 2006, c. 12, s. 43 (2). Safekeeping (3) An officer shall deliver any thing that he or she seizes to a person authorized by the Minister for safekeeping, unless the thing is required to be ca…

44 (1) An officer may arrest without warrant a person that he or she believes on reasonable grounds is committing, has committed or is preparing to commit an offence under this Act or the regulations. 2006, c. 12, s. 44 (1). Necessary force (2) An officer may use as much force as is necessary to make an arrest under this section. 2006, c. 12, s. 44 (2). Release (3) If an officer arrests a person under this section, he or she shall, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that, (a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to, (i) establish the identity of the person, (ii) secure or preserve evidence of or relating to the offence, or (iii) prevent the continuation or repetition of the offence or the commission of another offe…

45 A person shall not, (a) knowingly make a false or misleading statement to an officer who is acting under this Act; or (b) otherwise obstruct an officer who is acting under this Act. 2006, c. 12, s. 45.

46 (1) A person is guilty of an offence if the person contravenes or fails to comply with, (a) subsection 13 (2); (a.1) subsection 14 (5); (b) subsection 22 (1); (c) subsection 33 (2); (d) subsection 39 (2); (e) subsection 40 (4); or (f) Repealed: 2009, c. 33, Sched. 22, s. 9 (4). (g) section 45. 2006, c. 12, s. 46 (1); 2009, c. 33, Sched. 22, s. 9 (3, 4); 2020, c. 36, Sched. 40, s. 21. Same (2) A person who contravenes or fails to comply with a provision of a regulation made under this Act is guilty of an offence. 2006, c. 12, s. 46 (2). Attempts (3) A person who attempts to do anything that would be an offence under this Act or the regulations is guilty of that offence. 2006, c. 12, s. 46 (3). Orders (4) Every person who fails to comply with an order under section 22 or subsection 52 (6) is guilty of an offence. 2006, c. 12, s. 46 (4). Section Amendments with date in force (d/m/y) 2009…

47 (1) The holder of a camp-site and vehicle permit or an interior camping permit issued by the Ministry may be charged with and convicted of an offence under the regulations for which a camp-site occupant is subject to be charged and, on conviction, the holder of the permit is liable to the penalty prescribed for the offence. 2006, c. 12, s. 47 (1). Exception, camp-site occupied without consent (2) Subsection (1) does not apply, where at the time of the offence, the camp-site was occupied by a person other than the holder of the permit, without the holder’s consent, the burden of proof of which shall be on the holder of the permit. 2006, c. 12, s. 47 (2).

48 (1) The owner of a vehicle may be charged with and convicted of an offence under this Act or the regulations or the Act or regulations regulating, governing or prohibiting the operation of the vehicle for which the driver of the vehicle is subject to be charged and on conviction, the owner is liable to the penalty prescribed for the offence. 2006, c. 12, s. 48 (1). Exception, possession of vehicle without consent (2) Subsection (1) does not apply where, at the time of the offence, the vehicle was in the possession of a person other than the owner without the owner’s consent, the burden of proof of which is on the owner. 2006, c. 12, s. 48 (2). Deemed ownership of plate, etc., holder (3) For the purposes of this section, where a number plate issued under the Highway Traffic Act or the Off-Road Vehicles Act or a registration number issued under the Motorized Snow Vehicles Act is exposed…

49 If a corporation commits an offence under this Act or the regulations, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence. 2006, c. 12, s. 49.

50 In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that the offence was committed without the knowledge or consent of the defendant. 2006, c. 12, s. 50.

51 In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by a person in the course of operations under a licence issued to the defendant, whether or not the person is identified or has been prosecuted for the offence, unless the defendant establishes that the offence was committed without the knowledge or consent of the defendant. 2006, c. 12, s. 51.

52 (1) A person convicted of an offence under this Act or the regulations is liable, (a) for a first offence, to a fine of not more than $50,000, to imprisonment for a term of not more than one year, or to both; and (b) for a second or subsequent offence, to a fine of not more than $100,000, to imprisonment for a term of not more than one year, or to both. 2006, c. 12, s. 52 (1). Commercial offences (2) Despite subsection (1), a person convicted of an offence under this Act or the regulations is liable, (a) for a first offence, to a fine of not more than $100,000, to imprisonment for a term of not more than two years, or to both, if the offence was committed for commercial purposes; and (b) for a second or subsequent offence, to a fine of not more than $200,000, to imprisonment for a term of not more than two years, or to both, if the offence was committed for commercial purposes. 2006, …

53 A prosecution for an offence under this Act or the regulations shall not be commenced more than two years after the day evidence of the offence first came to the attention of an officer. 2006, c. 12, s. 53.

Regulations

54 (1) The Lieutenant Governor in Council may make regulations, (0.a) prescribing classes of parks for the purpose of subsection 8 (1) and specifying the objectives of each prescribed class; (a) classifying provincial parks; (b) setting apart an area as a provincial park or conservation reserve or as part of one, decreasing or increasing the area of a provincial park or conservation reserve and establishing the boundary of a provincial park or conservation reserve; (c) in respect of management plans; (d) in respect of activities that may be undertaken in provincial parks and conservation reserves; (e) protecting provincial resources in provincial parks and conservation reserves, including, but not limited to, flora, fauna, habitats, geological features, cultural features and archaeological features; (f) protecting infrastructure associated with provincial parks and conservation reserves;…

55 Nothing in this Act applies to or affects any park under the management of The Niagara Parks Commission, The St. Clair Parks Commission or The St. Lawrence Parks Commission. 2006, c. 12, s. 55.

56 The Public Lands Act does not apply to provincial parks or conservation reserves. 2006, c. 12, s. 56.

57 (1) Despite any other provision of this Act or the regulations, the lands described in subsection (2) do not constitute a provincial park or form part of a provincial park. 2025, c. 15, Sched. 18, s. 2. Same (2) The lands referred to in subsection (1) are the lands in the Geographic Townships of Flos and Sunnidale, Town of Wasaga Beach, County of Simcoe being composed of those parts of the geographic townships designated as: 1. That portion of Part 1 on a plan known as Wasaga Beach Provincial Park, filed on December 15, 1995 with the Office of the Surveyor General of Ontario in the Ministry of Natural Resources, described as follows: i. Beginning at the northeasterly corner of Part 1. ii. Thence in a general southwesterly direction along the easterly limit of Part 1 to where it intersects with the production of the southwesterly limit of Willard Avenue, Registered Plan 957 (now known …

58.-65 Omitted (amends or repeals other Acts). 2006, c. 12, ss. 58-65.

66 Repealed. See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006.

67 Omitted (provides for coming into force of provisions of this Act). 2006, c. 12, s. 67.

68 Omitted (enacts short title of this Act). 2006, c. 12, s. 68. ______________