Order Amending the Schedule to the Rouge National Urban Park Act: SOR/2019-39
Canada Gazette, Part II, Volume 153, Number 4
SOR/2019-39 February 1, 2019
ROUGE NATIONAL URBAN PARK ACT
P.C. 2019-60 January 31, 2019
Whereas the Governor in Council is satisfied that Her Majesty in right of Canada has title to the lands that are to be included in the Rouge National Urban Park;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 14(1) of the Rouge National Urban Park Act footnote a, makes the annexed Order Amending the Schedule to the Rouge National Urban Park Act.
Order Amending the Schedule to the Rouge National Urban Park Act
1 The portion of the schedule to the Rouge National Urban Park Act footnote 1 that begins with “In the Province of Ontario” and ends with “2.17 square kilometers, more or less” is replaced by the following:
City of Markham
1 In the Province of Ontario, in the Geographic Township of Markham, now City of Markham, all of those lands, including all mines and minerals, more particularly described as follows:
Parcel 1 on Plan 102393 recorded in the Canada Lands Survey Records at Ottawa, being part of the West half of Lot 31, Concession 9,
containing 17.07 ha, or 0.1707 km2, more or less;
Parcel 1 on Plan 102394 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 26, 27, 28 and 29, Concession 8,
containing 25.56 ha, or 0.2556 km2, more or less;
Parcel 1 on Plan 102395 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 18, 19 and 20, Concession 9,
containing 163.30 ha, or 1.6330 km2, more or less;
Parcels 1, 2, 3 and 4 on Plan 105195 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 26, 27, 28, 29 and part of the East 3/4 of Lot 30, Concession 8, and part of Lots 26, 27, 28, 29 and 30, Concession 9, and all of Lots 26, 27, 28, 29 and 30, Concession 10,
containing 773.68 ha, or 7.7368 km2, more or less;
Parcels 1 and 2 on Plan 105196 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 21, 22, 23, 24 and 25, Concession 9, and all of Lots 21, 22 and 23 and all of South Half of Lot 24, all of North Half of Lot 24, all of West Half of Lot 25 and all of East Part of Lot 25, Concession 10,
containing 678 ha, or 6.78 km2, more or less;
Parcel 1 on Plan 105197 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 17 and all of Lots 18, 19 and 20, Concession 10,
containing 217 ha, or 2.17 km2, more or less.
Parcel 2 on Plan 107544 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 16, Concession 10,
containing 34.9 ha, or 0.349 km2, more or less;
Parcels 3 and 4 on Plan 107552 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 13, 14 and 15, Concession 10,
containing 103.9 ha, or 1.039 km2, more or less;
Parcels 2 and 3 on Plan 107553 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 11, 12 and 13, Concession 10,
containing 59.8 ha, or 0.598 km2, more or less;
Parcels 2 and 4 on Plan 107554 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 9 and 10, Concession 10,
containing 33.63 ha, or 0.3363 km2, more or less;
Parcels 2, 4 and 5 on Plan 107548 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 6, 7, 8 and 9, Concessions 10 and 11 and part of Lot 7, Concession 9,
containing 139.9 ha, or 1.399 km2, more or less;
Parcels 4, 5 and 6 on Plan 107547 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 2, 3, 4 and 5, Concessions 10 and 11 and part of Lot 1, Concession 11,
containing 244.7 ha, or 2.447 km2, more or less.
City of Pickering
2 In the Province of Ontario, in the Geographic Township of Pickering, now City of Pickering, all of those lands, including all mines and minerals, more particularly described as follows:
Parcels 1 to 8 on Plan 107432 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 22 to 35, Concession 9,
containing 933 ha, or 9.33 km2, more or less;
Parcels 1 to 3 on Plan 107431 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 28 to 31, all of Lot 32, part of Lots 33 to 35, part of the road allowances between Lots 28 and 29, 30 and 31 and 32 and 33, Concession 8,
containing 550 ha, or 5.50 km2, more or less;
Parcels 1 and 2 on Plan 107430 recorded in the Canada Lands Survey Records at Ottawa being part of Lots 33 and 34, and all of Lot 35, Concession 7,
containing 173 ha, or 1.73 km2, more or less.
Geographic Township of Uxbridge
3 In the Province of Ontario, in the Geographic Township of Uxbridge, all of those lands, including all mines and minerals, more particularly described as follows:
Parcels 1 and 2 on Plan 107433 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 1 to 5, Concession 1, all of Lot 1 and part of Lots 2, 3, 4 and 5, Concession 2,
containing 404 ha, or 4.04 km2, more or less.
Coming into Force
2 This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Order.)
Transport Canada and the Government of Ontario have transferred lands to the Parks Canada Agency for the purpose of adding these lands to Rouge National Urban Park (the Park). While Parks Canada took over management of the lands upon transfer, the legal and environmental protections provided by the Rouge National Urban Park Act (the Act) can only be enforced once the lands are added to the Schedule of the Act.
Located in the Greater Toronto Area, the most populated region in the country, the Park is Canada’s first national urban park and protects nature, culture — and for the first time in a nationally protected heritage area — agriculture. Once fully established, the Park will be one of the largest and best protected urban parks of its kind in the world, spanning 79.1 km2 in the heart of Canada’s largest and most diverse metropolitan area, overlapping the cities of Toronto, Markham and Pickering and the Township of Uxbridge. Indeed, the Park will be 23 times larger than Central Park in New York. Situated in close proximity to 20% of Canada’s population, the Park offers a unique opportunity to make our national parks more accessible to Canadians, including youth and newcomers, so that they can experience the outdoors and learn about Canada’s environment.
The national urban park was officially created on May 15, 2015, when the Act came into force by order. The Act includes protections for natural ecosystems, native wildlife, and cultural heritage, encourages sustainable farming practices, and prohibits certain activities (e.g. hunting, timber harvest, resource exploration, dumping of any substance, etc.). The proposed park boundary (known as the study area) encompasses lands to be transferred from multiple parties, including all levels of government (federal, provincial, municipal). As lands are transferred to the Parks Canada Agency, the Schedule of the Act needs to be updated to describe the official land boundaries of the Park.
On April 1, 2015, Transport Canada transferred 18.75 km2 to Parks Canada Agency for inclusion at the north end of the Park. This first transfer of land, in the north-west (Markham) area of the Park (known as “T1”), was part of the original study area and was part of the lands often referred to as the “Pickering Airport Lands.” These are currently reflected in the Schedule to the Act. Transport Canada transferred a second block of land (20.6 km2) on April 1, 2017, located in the north-east portion (Durham region) of the Park (known as “T2”).
On June 19, 2017, Bill C-18, An Act to Amend the Rouge National Urban Park Act, the Parks Canada Agency Act and the Canada National Parks Act, received royal assent. Bill C-18 amended the Act to add “ecological integrity” as the Minister’s first priority when considering all aspects of the management of the Park. The amendments also provide greater certainty surrounding the carrying out of agricultural activities. Following the definition used in the Canada National Parks Act, ecological integrity means, with respect to the Park, a condition that involves maintaining native components, such as wildlife, plants, waters and ecological processes. On October 21, 2017, following royal assent of Bill C-18, the Government of Ontario transferred 6.2 km2 of land to Parks Canada for inclusion in the Park.
With the transfer of the Transport Canada and Government of Ontario lands, the Parks Canada Agency now directly manages almost 60% (46 km2) of the 79.1 km2 of lands identified for the Park. Agreements are in place to transfer the remaining lands from the cities of Toronto, Markham, and Pickering, the Toronto and Region Conservation Authority and the Regional Municipality of York. Once transferred, these lands can be scheduled under the Act through a subsequent order.
The Order Amending the Schedule to the Rouge National Urban Park Act (the Order) amends the Act to add lands to the Park, and thereby enhance the ecological, agricultural and cultural protection of these lands as afforded by the Act.
The Order amends the Act to add the description of land measuring 26.8 km2 which represents lands formerly held by the Government of Ontario and Transport Canada. The area consists of agricultural and natural lands.
The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.
Small business lens
The small business lens does not apply to this proposal, as there are no costs on small business.
The public engagement process undertaken for the Park has been the most extensive in Parks Canada Agency’s history. To date, 10 First Nations, 200 groups and more than 20 000 Canadians, have been involved in the planning process to create the Park, including workshops and meetings to develop the park management plan.
Local community and volunteer groups are supportive of the Park and the protection that the Act would bring to the lands. A broad range of stakeholders, including the Wildlands League (Toronto’s Chapter of the Canadians Parks and Wilderness Society) along with park farmers, publicly supported Bill C-18 which strengthens the Park’s ecological protections while also affirming the important role of farming in the Park. The Bill also included a provision to add 16.7 km2 of former Transport Canada lands to the park (referred to as the “T1” lands). All stakeholders broadly support adding surrounding public lands to expand the size of the Park.
As part of the establishment of the Park in the Greater Toronto Area, Parks Canada Agency undertook an extensive and inclusive engagement process beginning in October 2011 with 10 First Nations communities with respect to planning and operations for the Park. This partnership led to the creation of the Rouge National Urban Park First Nations Advisory Circle. footnote 2 The Advisory Circle is comprised of representatives from 10 First Nations with an expressed interest, and historic and cultural connection to the area of the Park. The First Nations Advisory Circle is supportive of the Park and is engaged in collaborations with Parks Canada Agency. The Agency has worked with Advisory Circle members on a number of important initiatives including archeological fieldwork, cultural resource conservation, restoration, and visitor experience initiatives. Advisory Circle members continue to express positive feedback on the Agency’s engagement process and relationships established to date, and are supportive of the expanded park boundaries.
Half of the Park’s landscape is agricultural. The Ontario Federation of Agriculture, the Durham Region Federation of Agriculture and the York Region Federation of Agriculture have publicly supported the vision for the Park, given its inclusion of and support for agriculture. Farmers in the Park are also very supportive. Confirmation of long-term agricultural leases up to 30 years was part of the announcement upon tabling of Bill C-18 in June 2016. These longer terms will allow agricultural tenants to invest in their farms, which in turn will encourage stewardship of natural and cultural resources. Current tenant farmers are keen to transition to Parks Canada Agency leases. The agricultural community is represented on working groups that address issues of interest to farmers. Parks Canada Agency will continue its open dialogue with the agricultural tenants with respect to ongoing Park management and operations.
In addition to agricultural tenants, there are also a number of residential tenants and a small number of commercial tenants in the Park included on the lands to be added by the Order. These groups have also been engaged in the creation and management of the Park, and are supportive of expanding the boundaries of the Park.
The Park study area and the transfer of Government of Ontario and Transport Canada lands to Parks Canada Agency are widely known publicly. Given the extensive consultations on the Park to date, and the high level of interest from the public, many Canadians have assumed that these lands are already part of the Park. Parks Canada Agency has provided clarification that the transfer of lands is not the final step of the process and that the amendments are necessary to schedule the lands under the Act.
The amendment to the Act will help the Government of Canada to meet its commitment to complete and protect the Park. Strong environmental protection of the Park is important for the Government of Canada, the Government of Ontario, stakeholders and Parks Canada Agency. Advancing the completion of the Park, through the scheduling of these lands, enhances ecological, agricultural and cultural protection for these lands.
The Park is a free entry park. The amendment to the Act will not result in any additional costs to visitors. Impacts on park agricultural, commercial, and residential tenants will be minimal. Under Parks Canada Agency’s management, the purpose of the lands remains the same as prior to the transfer. Therefore, there should be no incremental costs for tenants. There are no known occurrences of activities currently taking place on the lands that are prohibited under the Act.
Indigenous peoples have lived in and used the park landscape for millennia. The Park works with 10 First Nations who have an historic connection and have expressed interest in the Park. Through their engagement with the Park, these First Nations have an opportunity to strengthen their relationship with a landscape that has been and continues to be a part of their identity and culture. The First Nations are engaged in many Park activities, such as “Learn to Camp” and “Taste of the Trail” which provide an educational opportunity for members of the public to learn about First Nations history, culture and traditions from First Nations members themselves. The implementation of the proposed Order will not impact Indigenous rights on these lands.
The Government of Canada’s financial commitment to the Park, which began in 2012, totals $170.5 million over 10 years for the Park’s establishment and protection, and $10.6 million annually thereafter for its continuing management and operation. This financial commitment allows Parks Canada Agency to make investments in conservation, restoration, education, species recovery, visitor experience and community-driven stewardship. This investment takes into account the management of lands from Transport Canada and the Government of Ontario.
The proposal would have no additional costs to the Government of Canada. Parks Canada Agency will take on the administration of leases as the Agency assumes existing leases from the former landowners.
Implementation, enforcement and service standards
The Act will apply and can be enforced on those lands once they are scheduled, thereby providing them with the full protection of the Act.
The implementation of the proposed Order will not result in significant changes to monitoring or enforcement activities. The law enforcement provisions in the Act protect the Park’s resources and allow Parks Canada Agency to apply the enforcement powers, offences, and penalties available under the Act.
The Order does not change Parks Canada Agency’s responsibility to manage leases according to federal legislation and Treasury Board policies and directives. Parks Canada continues to consult with farmers on a fair market rental rate framework as part of the Rouge National Urban Park Leasing Framework. Agricultural tenants in the Park will be required to develop a Farm Action Plan, as a condition of their lease with Parks Canada, outlining farm operations and improvements, contributions to Park goals, and incorporation of best farming practices.
Director of Policy
Legislative and Cabinet Affairs
Parks Canada Agency