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Club Whitesands - Memo to Pookhs  From Gary Faulkner
January 5, 2003

Please find below websites to visit for current information regarding the Kawartha Highlands Recreation Reserve (KHRR). Some of these sites are linked to other sources of information.  There are additional websites that could be useful, but they have not been updated for quite some time, and are essentially obsolete at this time.

1. (ed. note  it is this website)

2. http://gateway.ontla.on.ca/library/bills/239373.htm  Is for the Bill 239 website and it has links to other relevant sites (e.g. Wolf Lake).  It also has a copy of the proposed Bill 239 and will "track" this proposed bill’s progress through the House.  This site also links to pro-park websites. (ed note  this site is noted elsewhere on this site)

3. http://204.40.253.254/envregistry/019525ea.htm  EBR Registry page for the KHRR.  It is registered under the EBR Number AB02E4002.(ed note  this site is noted elsewhere on this site)

4. http://192.75.156.68/DBLaws/Statutes/English/90p43_e.htm#P408_35771  Obtain a copy of the Public Lands Act.

5. http://192.75.156.68/DBLaws/Statutes/English/90p34_e.htm  Obtain a copy of the Provincial Parks Act.

6. http://www.ontla.on.ca/Members/mailing_addresses/index.htm  This website provides contact numbers for MPPs.

In addition to websites there are several fundamental publications that you should try to obtain if you desire  reasonably complete background information.

1. MNR, Minden and / or Bancroft District Land Use Guidelines, 1983 and the Land Use Designation Maps attached thereto.  The writer has some capability to provide electronic copies of portions of these documents.

2. We are trying to obtain an online source for a copy of the Free Use Policy and will forward it if we are successful.  In the meantime we hope that you will find the attachment useful (see below) - we’re not sure that it reflects the most current version.

3. Ontario’s Living Legacy Land Use Strategy, July 1999 and Map #4479 dated June 1999 which illustrates the KHSS boundary proposed at that time.  This document and map describe the situation into which the LSC was appointed to intervene.  Since the intervention of the LSC seems to have been discounted relative to accurate input from very conscientious and seriously affected local property owners, these documents indicate the status quo immediately prior to the KHRR proposal.  In other words nothing, it seems, has formally changed since July 1999 until Minister Ouellette tabled Bill 239.  We have had no concrete feedback regarding decisions during the lapsed period of time.  In fact, we have had no concrete feedback to many of our concerns since April 29, 1998.

4. LSC’s Draft Recommendations Report, August 2001  (Rated XXX).

5. LSC’s Recommendations Report to John Snobelen, November 2001 (Also rated XXX).  Please note that this document, presented to the Minister of Natural Resources in November 2001, was only released to the public in late September (October for many) 2002.  By mid-November 2001 it was known to the LSC, and many, many others, that this document did not reflect current (November 2001) views of many persons quoted.  This document is self-contradictory, presents false, misleading and / or inaccurate information and should never have been released to the public in late 2002 without a substantial list of errata many of which, as mentioned above, were well-known by November 2001.

Web site for KHSS recommendations of Local Stakeholder Committee (LSC)
http://www.ontarioslivinglegacy.com/kawartha.html
 

Fortunately, Minister Ouellette, with the encouragement of MPP and MNR Parliamentary Secretary, Gary Stewart, seems to have recognized these facts and has presented a viable alternative to the Final (we hope) Recommendations of the LSC.

6. A serious threat to the credibility of the entire Bill 239 process has been presented by Julia Bryan (see below) who we understand has a senior position in Minister Chris Hodgson’s Office.  I guess this is true since, if the attached memo being distributed by Bob Walsh is valid -  she signs letters for Minister Hodgson.  Bob Walsh, from Anstruther Lake, is very pro-park and has distributed inaccurate information on KHSS issues in the past. ( Ed note  the Walsh unsigned web site is at   http://www.kawarthahighlandspark.ca/ )

Both Ms. Bryan’s memo and Bill 239 are written in plain English.  Obviously, the interpretation of Bill 239 provided by Ms. Bryan to Robert Walsh does not jibe with mine, Jim Whelen’s (Jim is President of the Anstruther Lake Cottager’s Association), or that of many other reasonably intelligent persons who have been arguing against the LSC’s Recommendations for some time.  I see no way to reconcile the information in Ms. Bryan’s memo with the wording of Bill 239.  What she seems to be saying is that, in effect, the proposed Recreation Reserve is a Provincial Park, as recommended by the LSC, in disguise.

We do not want a Provincial Park, as recommended by the LSC,  adjacent to our properties regardless of what it is called.  Are we back to requesting "buffer zones" between private properties and a Recreation Reserve?  I hope not - utilization zones might be appropriate.

We hope that statements will be immediately provided by Ministers Hodgson and Ouellette,  and MPP Gary Stewart, negating Ms. Bryan’s interpretation of Bill 239.  It seems that some persons are being duped - and Ms. Bryan’s intervention is truly unfortunate. (ed note: They have been asked to provide clarification)

Gary Faulkner



Appendix III Julia Bryan Memo to Bob Walsh
 

Forwarded by Robert
Walsh/NY/AXA-Financial/Equitable
 
 

"Julia Bryan" <Julia.Bryan@MAH.GOV.ON.CA> on 12/16/2002 04:28:41 PM
To:   Robert.Walsh@axa-financial.com
cc:
Subject:  Re: Kawartha Highlands Recreation Reserve
 

What Jim Whelan etc do not realize is that this new legislation actually
takes all of the LSC's recommendations and enshrines them in legislation,
just as they suggested in the draft rec's.  The only difference is what it
is called, unfortunately we were not able to enshrine the rec's in the
current parks act as the committee thought and therefore this new
designation allows us to do what we need to do in protection and
preserving the land - it simply has a new name. An operating park would allow for revenue and so does this designation.

Chris has been informed of the new designation and we believe that it does
serve exactly what we needed and more for the protection of this land,
taking into account all of the LSC's hard work.  This does not allow for
roads etc that Jim is proposing and never will, I think they're just
trying to save face by accepting this and using the fact of the new name to
assist their cause.

I hope this information is helpful to you.

Julia Bryan for
Chris Hodgson, MPP



ed note the above is an untouched copy.


Appendix II
Excerpts from the Free Use Policy and the Public Lands Act

Many of the privileges that we enjoy on Crown lands in Ontario, local residents, adjacent private property owners and transients to the area, alike, are provided for in the "Free Use policy" [29]. Consider the following illustrative passages quoted from this document.

"3.3 Goal
To provide outdoor recreational opportunities and limited free uses of public land consistent with this policy."

"3.4 Policy Objectives and Authorized Uses
3.4.1 Transient Activities A)
… Subject to the exceptions contained in Section 3.4.4 of this policy, any person may freely travel about on public lands (including public lands under water) for transient activities such as hiking, boating, canoeing, cross-country skiing, water-skiing, swimming, snowmobiling, bird watching, horse-back riding, etc., as well as hunting and fishing in accordance with the game and fish laws and applicable municipal by-laws (e.g. zoning)."

"3.4.2 Stationary Uses
3.4.2.1  Private (non-commercial) Camping on Public Land A)
… Subject to section 3.4.4 "Exceptions" and the provisions of the non-resident camping program, any person may camp or leave private camping equipment on any public lands in Ontario for no more than 21 days during the period April 1 to March 31 next following, without the requirement for land use occupational authority, permission (i.e. work permit) or the payment of a fee. This 21- day rule relates to the accumulated use of all sites used provincially. …"

Table A provides for (amongst other items) unencumbered free access to:
a) - "Roads open to public travel, including necessary parking lots and signs."
b) - "Trails which are open to public travel (i.e. not under land use occupational authority).", and
c) - "Shelters along recreational trails, which are open to use by all public trail users."

NB: These provisions refer to existing roads and trails and do not constitute authority to construct new roads or trails on Crown Lands.

NB:   Surely, privileges such as these are major and unique advantages accruing to residents of Ontario, and we should not readily agree to forfeit them. Every reasonable alternative option to forfeiture should be tried!

3.4.4 Exceptions to Free Uses

The exceptions are:
a)       public lands which are posted or otherwise marked to prevent some or all activities;
 

Public Lands Act, Section 28
Unauthorized occupation, etc., of posted public lands
 28.  (1)  The Ministry may cause to be erected on any public lands, including a road under the jurisdiction of the Minister, signs prohibiting, controlling or governing,
 (a) the possession, occupation or any use or uses thereof; or
 (b) the parking of vehicles thereon.  R.S.O. 1990, c. P.43, s. 28 (1).
Offences
 (2)  Every person who possesses, occupies or uses any public lands on which signs have been erected under clause (1) (a) in contravention of any such sign, or who parks a vehicle on public lands on which signs have been erected under clause (1) (b) in contravention of any such sign, and who has had a reasonable opportunity of seeing any of such signs, is guilty of an offence.  R.S.O. 1990, c. P.43, s. 28 (2); 2000, c. 26, Sched. L, s. 9 (6).
 
 
 
 



For what it's worth, here are a few of the references that I have used in my analysis of KHSS issues.  I stopped updating the list some time ago but many of the most important items are on this list.  This is the list referred to by the superscripts in square brackets that appear in many of my notes. If I update this list I will provide you with the new version. GF

Lands for Life, Ontario’s Living Legacy and
The Kawartha Highlands Signature Site

References:

This list of references changes frequently.  Request the most recent version from Gary Faulkner.

* Denotes items that may be provided by email on request.
** Denotes items that may be partially available by email on request.
   Direct requests to Gary Faulkner at whitesands@primus.ca .

[1]** Lands for Life; A Commitment to the Future; February 27, 1997.

[2] Lands for Life; Great Lakes - St. Lawrence Planning Area; Tabloid No. One; Sept. 11, 1997.

[3] Lands for Life; Great Lakes - St. Lawrence Planning Area; Tabloid No. Two; Feb. 16, 1998.

[4]** Lands for Life; Great Lakes - St. Lawrence Planning Area; Tabloid No. Three; Feb. 23, 1998.

[5] Lands for Life; Great Lakes - St. Lawrence Planning Area; Planning Area Overview; Feb. 1998.

[6] Lands for Life; Great Lakes - St. Lawrence Planning Area; Planning Report No. 2, Preliminary Land Use Scenarios; Feb. 1998.

[7]** Lands for Life; Great Lakes - St. Lawrence Planning  Area; Territorial Sheets (Maps)  #4479 for Scenarios One, Two, Three and Four; Feb./Mar. 1998. (See maps B-1 to B-4.)

[8] Lands for Life; Great Lakes - St. Lawrence Planning Area; Public Comment Workbook;
Mar./Apr. 1998.

[9]  Faulkner, G B; Letter to Bob Gray, Chairman, GLSLA Round Table; April 29, 1998.

[10] Lands for Life; Great Lakes - St. Lawrence Planning Area; Draft Area Summaries; July 1998.

[11] Lands for Life; Great Lakes - St. Lawrence Planning Area; Draft Land Use Planning Recommendations; July 1998.

[11a] Lands for Life; Great Lakes - St. Lawrence Planning Area;  Land Use Planning Recommendations; July 1998.

[11b]** GLSLA Planning Area, Draft Land Use Designations, Map No. GL310798, July 31, 1998.
 (See Map B-5.)

[12]* Moore, Wendy; FOCA Director: Lands for life: The Secret Report; Cottage Life; November/December 1998; p. 99.  (Interview  with Gerry Hunnius, GLSLA Round Table Member)

[13] Lands for Life; Consolidated Recommendations of The Boreal West, Boreal East and Great Lakes - St. Lawrence Round Tables; October 1998.

[14]** Lands for Life; Consolidated Recommendations of The Boreal West, Boreal East and Great Lakes - St. Lawrence Round Tables; Territorial Sheet #4479; October 1998. (See Map B-6.)

[15] Millage, John,  CAO, Township of Galway-Cavendish and Harvey; Letter to Hon. Snobelen;
 Nov. 17, 1998.

[16] Millage, John, CAO, Township of Galway- Cavendish and Harvey; Letter to Hon. Snobelen;
Nov. 27, 1998.

[17] Faulkner, G B; Letter to Hon. John Snobelen; Nov. 30, 1998.

[18] Ontario’s Living Legacy; Proposed Land Use Strategy; March 1999.

[19]** Ontario’s Living Legacy; Proposed Land Use Strategy;  Territorial Sheet #4479; March 1999.
 (See Map B-7.)

[20] Faulkner, G B; Letter to Hon. John Snobelen;  April 29, 1999.

[21]** MNR  Minden District Land Use Guidelines; 1983.

[22]** MNR  Bancroft District Land Use Guidelines; 1983.

[23] Patterson, John & Anne; Letter to Hon. John Snobelen; April 29, 1999.

[24] Priestly, Victor; Letter to Hon. John Snobelen; April 29, 1999

[25] Weitzel, Gary; Letter to Hon. John Snobelen; April 29, 1999.

[26]** Ontario’s Living Legacy; Land Use Strategy; Territorial Sheet #4479; June 1999. (See Map C-1.)

[27] Cain, Ken; A/Senior Program Coordinator, MNR; Letter to G.B. Faulkner dated Oct. 28, 1999.

[28] Ontario’s Living Legacy; (Approved) Land Use Strategy; July 1999.

[28a] Ontario’s Living Legacy; Draft Land Use Strategy; July 1999

[29]* MNR; Free Use Policy, PL 3.03.01; February 11, 1997

[30] Chown, Peter; Former President of  the Long Lake Cottagers’ Association; A telephone conversation of Feb.2nd, 2002.

[31]* Public Lands Act as of August 20, 2001, Section 28 (re signage).

[32] van der Meer, Jack; Meteek & Company; Kawartha Highlands, Background Information Report;
 Prepared during the Winter of 1999/2000. (Has a list of 79 references)

[33] Lashmar, Reg and Meridew, Rick; A Locally Sustainable Management Strategy For the Kawartha Highlands Signature Site; February 2001.

[34]* Driscoll, John; "Cottagers want  deadline extended"; Peterborough Examiner, Sep.28, 2001.

[35]* Bennett, Joe: Staff Member LSC Office; FAX re: Conservation Reserves; Feb. 22nd, 2001.

[36] Wilson, Nancy and Tanner, Sissy; Conversation at the KHSS LSC meeting held at the Cavendish Community Centre on Sep. 23rd, 2000, regarding roads as described on pages 22 and 24 of the OLL LUS of July 1999.

[37] Ross, Al; President of CCRAI; Minutes of meeting described in [36];  Catchacoma Lake Resident; Published in 507 Express.

[38]* Clark, C.D.; Assistant Deputy Minister, MNR; Letter to Regional Directors; May 28, 1999.

[39]* Malcolmson, P. and Galloway, R.; A/Assistant Deputy Ministers, MNR; Letter to Regional Directors, et al. of the MNR; September 22, 2000.

[40]* Ireland-Smith, Adair; Managing Director, Ontario Parks; Letter to Senior Ontario Parks Management. re: "Clarification of Management Policies for Provincial Parks and Conservation Reserves"; September 26th, 2000. NB: Despite many requests for this information from Nancy Wilson, and her staff, commencing September 23rd, 2000, this information was only provided on August 31st and September 4th, 2001. Peter Chown obtained a second copy September 29, 2001. This document is twenty-six pages long and contains about sixty-one policy clarifications.  We do not understand why it was withheld from the public. on this site

[41] Local Stakeholders Committee; KHSS, Draft Recommendations; August 2001.

[42]* Cassidy, Pawluk and McCarten; Big Cedar - Coon Lake Cottager and Road Associations Submission to LSC; September 2001.

[43] Burleigh-Anstruther-Chandos (North Kawartha); Response to Lands for Life, Consolidated Report, October 1998; Addressed to Hon. John Snobelen, Minister of Natural Resources; November 23, 1998.

[44]* Joe Bennett, OLL Resource Manager, MNR; Email to GB Faulkner; March I, 2001.

[45] Conversations with Peter Nitschke, June through August, 2001.

[46] Fryer, Margaret; Presentation, LSC Meeting,  August 25, 2001; Apsely.

[47] Township Galway-Cavendish and Harvey, Submission to LSC, September 25, 2001.

[48] Kawartha Highlands Signature Site Newsletter; September 6, 2001.

[49] http://www.ec.gc.ca/science/sandemay00/article1_e.html ed note this site is the same as #52 below and is slow to load it is an interesting study on the govt of canadad website on the relationship of cars to outboard motors and polution

[50] Ontario’s Living Legacy; Map OLL0699; July 1999.

[51] Bordoff, Fred; Emission Control Systems;  www.familycar.com/emission.htm .

[52] Environment Canada; www.ec.gc.ca/science/sandemay00/article1_e.html .