[37] Bill 239 Original (PDF)
Bill 239 2002
An Act to establish
a recreation reserve
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definition
1. In this Act,
"recreation reserve" means lands that are established as a recreation reserve under section 2.
Establishment of recreation reserves
2. (1) The lands referred to in subsection (2) are hereby established as a recreation reserve for the purpose of ensuring that the lands are used solely for recreational and non-industrial commercial activities in accordance with section 5.
Kawartha Highlands
(2) Subsection (1) applies to lands known as the Kawartha Highlands and more particularly described in the regulations made under this Act.
Lands excluded
(3) A recreation reserve established under this Act shall not include any lands,
(a) that have been patented under or by authority of any statute;
(b) that have been leased under or by authority of any statute, regulation or order in council respecting mines, minerals or mining so long as the lease remains valid; and
(c) that have been staked and recorded in accordance with the Mining Act so long as the claim remains valid.
Management
3. A recreation reserve is under the control and management of the Minister of Natural Resources.
Public lands
4. (1) Lands that are part of a recreation reserve are deemed to be public lands for the purposes of the Public Lands Act and are subject to the provisions of that Act and of the regulations made under that Act.
Conflict
(2) If there is a conflict between a provision under the Public Lands Act and a provision under this Act, the latter prevails.
Permitted uses, recreational
5. (1) Recreational activities may be carried out in a recreation reserve in accordance with the law, including the following recreational activities:
1. Hunting and fishing.
2. Camping.
3. Canoeing and boating.
4. Snowmobiling.
5. Hiking, cross-country skiing and snowshoeing.
Same, commercial uses
(2) Non-industrial commercial activities may be carried out in a recreation reserve in accordance with the law, including the following commercial activities:
1. Commercial fur harvest.
2. Guided hunting.
3. Wild rice harvest.
4. Bait fish harvest.
Designating utilization zones
(3) In managing a recreation reserve, the Minister may from time to time define areas in the reserve in which certain of the activities permitted under subsections (1) and (2) are not to be carried out or which are to be reserved as areas in which only some of those activities are to be carried out.
Signage
(4) The Minister may cause notices or signs to be posted in the reserve for the purpose of indicating to the public the location of the areas referred to in subsection (3) and either the activities that are not permitted in the area or the activities for which the area is reserved, as the case may be.
Prohibited uses
6. The following activities shall not be carried out in a recreation reserve:
1. Prospecting, staking mining claims, developing mineral interests or working mines.
2. Commercial forest harvesting.
3. Water power development.
4. Aggregate extraction.
5. Peat extraction.
Right of access
7. Nothing in this Act shall limit or in any way diminish a right of access to or through land that is part of a recreation reserve where that right was created before the day the recreation reserve was established under section 2.
Authorized occupation of land
8. Nothing in this Act shall affect any right to occupy land that is part of a recreation reserve where the right to occupy the land was granted under the Public Lands Act before the day the recreation reserve was established under section 2 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.
Acquisition of land
9. Land may be acquired under the Ministry of Government Services Act for the purposes of developing and establishing future recreation reserves or of expanding an existing recreation reserve.
Disposition of land
10. Land that is part of a recreation reserve shall not be transferred in fee simple by grant of letters patent or by any other means.
Fees
11. The Minister may establish and charge,
(a) fees for entrance into a recreation reserve of persons, vehicles, boats or aircraft;
(b) fees for the use of a recreation reserve or of any facility or service in the reserve; and
(c) fees and rentals for any licence, permit, lease or other right issued, made or given in respect of a recreation reserve.
Regulations
12. The Lieutenant Governor in Council may make regulations describing the lands that are to be included in the Kawartha Highlands Recreation Reserve for the purposes of subsection 2 (2).
Commencement
13. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
14. The short title of this Act is the Recreation Reserve Act, 2002.
EXPLANATORY NOTE
The Bill establishes a recreation reserve in the Kawartha Highlands. The lands comprised in the recreation reserve are to be described in the regulations but shall not include any lands that are excluded under subsection 2 (3).
A recreation reserve is to be used for recreational activities such as hunting and fishing, canoeing and snowmobiling and for non-industrial commercial activities such as commercial fur harvesting and guided hunting. Areas in the reserve may be defined by the Minister and set aside for particular recreational or commercial activities. Industrial activities are prohibited in a recreation reserve.
The Minister may charge fees for the use of the lands within the reserve.