Overview
Ontario legislation includes four main types of protected area designation: provincial parks, conservation reserves, cultural heritage parks, and historical parks.
Following this survey, this section provides detail on each of the three protected area designations. These charts present information on permitted and prohibited activities in each area. The charts also outline the process for creating each protected area designation.
The Minister of the Environment, Conservation, and Parks has the authority to enter into management agreements concerning any park. This could provide an opportunity for co-managed Indigenous Protected and Conserved Areas (IPCAs).
This section then offers more detail on each of the four protected area designations. These charts present detailed information on what activities are permitted and prohibited in each area. The charts also outline the process for creating them.
Additional designations, such as wilderness areas, are also briefly described. Ontario’s Far North Act, passed in 2010, claims to set out a collaborative land use management scheme with First Nations. However, we note that the Act has been met with criticism and controversy.
Table: IPCA Characteristics Assessment, Advantages and Disadvantages of the Provincial Parks and Conservation Reserves Act
| Provincial Park | Conservation Reserve | Cultural Heritage Park | Historical Park | |
|---|---|---|---|---|
| Legislation | Provincial Parks and Conservation Reserves Act | Provincial Parks and Conservation Reserves Act | Provincial Parks and Conservation Reserves Act | Historical Parks Act |
| IPCA Characteristic #1: Indigenous-led | No | No | No | No |
| IPCA Characteristic #2: Long-term commitment to conservation | Established by regulation – less permanent, but safeguards on changes* | Established by regulation – less permanent, but safeguards on changes | Established by regulation – less permanent, but safeguards on changes | Established by order – less permanent than regulation or in an Act |
| IPCA Characteristic #3: Elevate Indigenous rights and responsibilities | Minister can enter into agreements or create advisory committees to support management | Minister can enter into agreements or create advisory committees to support management | Minister can enter into agreements or create advisory committees to support management | Minister can appoint advisory committee to support management |
| Advantages | High level of protection | Focus on retaining natural heritage values and traditional and cultural activities
High level of protection |
High level of protection | Relatively strong protections |
| Disadvantages | Can support considerable range of activities** | No co-management or Indigenous management | Can support considerable range of activities | Focused on sites of historical significance |
* The Provincial Park and Conservation Reserve Act mentions a permanent system, prioritizes ecological integrity, and requires Legislative Assembly approval of dispositions greater than 50 hectares or 1 percent of the area.
** The Minister could authorize Indigenous-led or related uses and leases of parts of or entire parks and conservation reserves under section 14; A Minister’s regulation may exempt Indigenous Peoples from requiring a permit to carry out various activities. See Provincial Parks and Conservation Reserves Act, 2006, S.O. 2006, c. 12, ss 22(1) and 54(2)(e)).
Provincial Parks and Conservation Reserves Act
Table: Provincial Parks and Conservation Reserves Act In-Depth
| Provincial Park | Conservation Reserve | Cultural Heritage Park | |
|---|---|---|---|
| Legislation | Provincial Parks and Conservation Reserves Act | Provincial Parks and Conservation Reserves Act | Provincial Parks and Conservation Reserves Act |
| Responsible Government Department | Environment, Conservation and Parks (s. 5(1)) | Environment, Conservation and Parks (s. 5(1)) | Environment, Conservation and Parks (s. 5(1)) |
| Overall Goals and Values | Protect natural and cultural heritage while providing sustainable outdoor recreation opportunities (s. 2(1)) | Protect natural and cultural features while supporting compatible traditional activities (s. 2(2)) | Protect cultural heritage while supporting education and research (s. 8(4)) |
| Establishment | Order in Council (s. 9(1)) or Regulation (s. 54(1)(b)) | Order in Council (s. 9(1)) or Regulation (s. 54(1)(b)) | Order in Council (s. 9(1)) or Regulation (s. 54(1)(b)) |
| Strength of Protection (Based on IUCN Protected Area Categories) | II National Park | VI Protected area with sustainable use of natural resources | V Protected Landscape/Seascape |
| Decision-Making Authority | Minister responsible for management (s. 12(1)) – can enter into agreements to support (s. 24) or create an advisory committee (s. 23) * | Minister responsible for management (s. 12(1)) – can enter into agreements to support (s. 24) or create an advisory committee (s. 23) | Minister responsible for management (s. 12(1)) – can enter into agreements to support (s. 24) or create an advisory committee (s. 23) |
| Hunting | Prohibited (with exceptions) | With licence | Prohibited (with exceptions) |
| Fishing | With licence | With licence | With licence |
| Trapping | With permit | With permit | With permit |
| Development | No electricity generation or other industrial uses (s. 16(1)) | No electricity generation or other industrial uses (s. 16(1)) | No electricity generation or other industrial uses (s. 16(1)) |
| Natural Resource Extraction | No commercial timber harvest, mining, or aggregate, soil, or peat extraction (s. 16(1)) | No commercial timber harvest, mining, or aggregate, soil, or peat extraction (s. 16(1)) | No commercial timber harvest, mining, or aggregate, soil, or peat extraction (s. 16(1)) |
| Access | Motor vehicle and off-highway vehicle access (with permit and with exceptions) | Motor vehicle and off-highway vehicle access (with permit) | Motor vehicle and off-highway vehicle access (with permit and with exceptions) |
| Activities Allowed | Outdoor recreational activities | Outdoor recreational activities | Outdoor recreational activities |
| Activities Prohibited | Damaging or removing natural objects
Research (unless permitted) |
Damaging or removing natural objects
Research (unless permitted) |
Damaging or removing natural objects
Research (unless permitted) |
* The Minister could authorize Indigenous-led or related uses and leases of parts of or entire parks and conservation reserves under section 14; A Minister’s regulation may exempt Indigenous Peoples from requiring a permit to carry out various activities. See Provincial Parks and Conservation Reserves Act, 2006, S.O. 2006, c. 12, ss 22(1) and 54(2)(e)).
Provincial Parks
Cabinet can create Provincial Parks for the purposes of protecting Ontario’s natural and cultural heritage and of providing environmentally sustainable recreation opportunities for present and future generations.
The Provincial Parks and Conservation Reserves Act (PPCRA) sets out the following objectives for protecting and managing Provincial Parks:
- Permanently protect ecosystems and Ontario’s natural and cultural heritage;
- Provide opportunities for environmentally sustainable recreation;
- Support tourism and natural and cultural heritage appreciation; and
- Provide opportunities for scientific research and ecological monitoring.
Cabinet can create, increase, or decrease the area of Provincial Parks by Order in Council.
Cabinet can only remove an area from a Provincial Park that is greater than 50 hectares or one percent of the total area if the Legislative Assembly approves of this decision.
Cabinet may classify Provincial Parks as any of the following to help guide park management and ensure continuity:
- Wilderness Class Parks
- Main Purpose: To protect natural environments and support low-impact recreation.
- Nature Reserve Class Parks
- Main Purpose: To protect ecosystems and natural heritage, support research, and maintain biodiversity.
- Cultural Heritage Class Parks
- Main Purpose: To protect cultural heritage and support interpretation, education, and research.
- Natural Environment Class Parks
- Main Purpose: to protect natural environments and provide recreational opportunities.
- Waterway Class Parks
- Main Purpose: To protect recreational water routes and ecosystems.
- Recreational Class Parks
- Main Purpose: To provide outdoor recreation opportunities.
The Minister of Environment, Conservation and Parks (“the Minister”) is responsible for managing Provincial Parks. The Minister must also designate a Superintendent to supervise each Provincial Park.
When managing Provincial Parks, the government must prioritize ecological integrity and provide opportunities for public consultation.
Ecological integrity is defined as “a condition in which biotic and abiotic components of ecosystems and the composition and abundance of native species and biological communities are characteristic of their natural regions and rates of change and ecosystem processes are unimpeded.”
This includes:
- “Healthy and viable populations of native species, including species at risk, and maintenance of the habitat on which the species depend;” and
- “Levels of air and water quality consistent with protection of biodiversity and recreational enjoyment.”
The Ministry of Environment, Conservation and Parks is required to prepare a management plan for each Provincial Park. These plans must be reviewed at least once every 20 years, with opportunities for public consultation.
Conservation Reserves
By Order in Council, Cabinet can create Conservation Reserves for the purposes of protecting Ontario’s natural and cultural heritage and providing environmentally sustainable land-use opportunities for present and future generations. The PPCRA sets out the following objectives for creating and managing Conservation Reserves:
- Permanently protect ecosystems and Ontario’s natural and cultural heritage;
- Provide opportunities for environmentally sustainable land use, including traditional outdoor heritage activities; and
- Support scientific research and ecological monitoring.
The Minister is responsible for managing Conservation Reserves. The Minister must appoint a Manager to supervise each Conservation Reserve. When managing Conservation Reserves, the government must prioritize ecosystem health and provide opportunities for public consultation.
By Order in Council, Cabinet can create, increase, or decrease the area of Conservation Reserves. Cabinet can only remove an area greater than 50 hectares or one percent of the total area from a Conservation Reserve if the Legislative Assembly approves this decision.
The Ministry of Environment, Conservation and Parks must prepare a management plan for each Conservation Reserve. These plans must be reviewed at least once every 20 years, with opportunities for public consultation.
Temporary Protection
Under the Public Lands Act, the Ministry of Northern Development, Mines, Natural Resources and Forestry can create a Recommended Provincial Park or Recommended Conservation Reserve to ensure temporary protections while long-term management decisions are being made. There is also the ability to withdraw lands from mineral extraction under the Mining Act, including sites of “Aboriginal cultural significance.”
Agreements
The Minister can make an agreement with any person to support the management of Provincial Parks and Conservation Reserves.
The Minister could also authorize Indigenous-led or related uses and leases of parts of or entire parks and conservation reserves.
Kerrie Blaise of the Canadian Environmental Law Association highlights that these agreements could support Indigenous rights and co-management. To date there have been no precedents illustrating that the Act can be used to do this.
With Cabinet’s permission, the Minister can also appoint an advisory committee to provide advice and make recommendations regarding the management of Provincial Parks and Conservation Reserves.
Historical Parks Act
Table: Historical Parks Act In-Depth
| Historical Park | |
|---|---|
| Legislation | Historical Parks Act |
| Responsible Government Department | Heritage, Sport, Tourism and Culture Industries (s. 1) |
| Overall Goals and Values | Protect sites of historical significance for public use and enjoyment (s. 3) |
| Establishment | Order in Council (s. 3) |
| Strength of Protection (Based on IUCN Protected Area Categories) | III Natural Monument or Feature
V Protected Landscape/Seascape |
| Decision-Making Authority | Minister responsible for management
Can appoint advisory committee |
| Hunting | Prohibited |
| Fishing | Dependent on regulation |
| Trapping | Dependent on regulation |
| Development | No electricity generation or other industrial uses |
| Natural Resource Extraction | No mineral exploration, mining, or extraction of aggregate, topsoil, or peat |
| Access | Motor vehicle access |
| Activities Allowed | Dependent on regulation |
| Activities Prohibited | Dependent on regulation |
Under the Historical Parks Act and by Order in Council, Cabinet can create a Historical Park to protect an area of historical significance. The Minister of Tourism and Recreation is responsible for managing Historical Parks.With Cabinet’s permission, the Minister can appoint an advisory committee to provide advice and make recommendations regarding the management of Historical Parks.
Other Protected Areas
Far North Act
The Far North Act was passed in 2010. The Act was intended to establish a framework for collaborative land use management between the province and Indigenous governments. The government claims that the Act was developed in consultation with the Nishnawbe Aski Nation (NAN), the political organization representing 49 communities in the territory of Treaties 5 and 9). NAN has subsequently stated that the Act is “an invalid law and a new form of colonialism.”
Ontario recently contemplated repealing the Act. Instead, the Province introduced amendments to the Act in 2021 to support economic development and fast track approvals for projects. Given NAN’s opposition and the recent amendments, it seems unlikely that the Far North Act will provide a path forward for IPCAs in Ontario’s north.
Wilderness Areas Act
Under the Wilderness Areas Act and by regulation, Cabinet can create a Wilderness Area to protect the area, support research and education, and protect plant and animal species.
To create Wilderness Areas, the Minister of Northern Development, Mines, Natural Resources and Forestry (“the Minister”) can purchase or acquire land. The Minister manages Wilderness Areas, which are typically on crown or unceded lands.
The Wilderness Areas Act states that natural resource extraction and development can occur in any Wilderness Area that is larger than 260 hectares.
Wilderness Areas are being phased out and are not intended to be used anymore. Further, the 2020 Auditor’s Report pointed out that the Minister is allowing logging, roads, and mining in Wilderness Areas that are smaller than 260 hectares.
Other Designations
Several other designations also could be considered to establish IPCAs in Ontario. These include:
- Land use plans and Enhanced Management Areas under the Public Lands Act;
- Provincial Wildlife Areas and related wildlife designations under the Fish and Wildlife Conservation Act; and
- Regional parks under Clair Parks Commission Act, St. Lawrence Parks Commission Act, and Niagara Parks Act.