5. Protection and Management Parks Canada Agency Act, 1998 of the Property The Parks Canada Agency’s responsibilities to commemorate, acquire and administer historic places are defined under the authority of the Parks Canada Agency Act. A. Ownership The Government of Canada is the owner of the property by virtue of the British North America Department of Transport Act, 1985 Act (1867). In 1998, the Parks Canada Agency Act established the Parks Canada Agency to operate Pursuant to the Department of Transport Act, the and manage Canada’s national historic sites and Historic Canals Regulations are a third legislation national parks, under the direction of a Chief mechanism under which the nominated property Executive Officer reporting to the Parliament is protected. The Parks Canada Agency administers of Canada through a Minister nominated by the Historic Canals Regulations, which apply to the the Prime Minister. management, maintenance, use and protection of historic canals. B. Protective designation C. Means of implementing protective The nominated property is protected under three measures federal statutes. The Government of Canada is the sole owner of all Historic Sites and Monuments Act, 1952-53 the elements of the nominated property and the land on which they are situated. It also owns the The elements of the nominated property have been bed of the watercourse of the Rideau Canal up to commemorated as national historic sites of Canada the controlled high water elevation on the shore. under the authority of the Government of The nominated property is protected by a federal Canada’s Historic Sites and Monuments Act planning and regulatory framework, but lands (Appendix N), which empowers the Minister beyond its boundaries fall under provincial and responsible for the Parks Canada Agency to municipal jurisdictions. Accordingly, cooperative commemorate, acquire and administer historic strategies are required and used to manage places pursuant to the act. environmental and land-planning issues. The Government of Canada, through the Parks Canada Rideau Canal National Historic Site of Canada, Agency, works with municipal and provincial 1926 organizations to ensure the effective management of development adjacent to the nominated property. Fort Henry National Historic Site of Canada, 1923 While each level of government has distinct areas of jurisdiction and responsibility, the overall result Kingston Fortifications National Historic Site of is an effective system of protection for the property. Canada, 1989. The designation includes Fort Henry, Murney Tower, Shoal Tower, Fort Frederick and Cathcart Tower. Role of the Government of Canada Pursuant to the Parks Canada Agency Act, detailed direction for the agency’s management of its responsibilities to commemorate, acquire and 106 administer historic places is provided in the heritage, environmental protection, and agency’s Guiding Principles and Operational Policies. appropriate development and growth. The act also requires that each national historic site have in place a management plan approved by the The Province of Ontario provides a framework Minister responsible for the Parks Canada Agency. for protecting cultural resources through the As directed in the Guiding Principles and Operational Ontario Heritage Act (1990). This act empowers Policies, a management plan identifies long-term municipalities to designate buildings, landscapes programs to ensure the commemorative integrity and archaeological features possessing historic of the site through the protection and presentation value, and to provide assistance to local heritage of the cultural heritage values for which it was interests in implementing programs for inventory commemorated. These values are identified in a and designation. Through this act, municipalities commemorative integrity statement, which is the have designated numerous buildings along the precursor of the management plan. Rideau Canal. The Rideau Canal Management Plan was completed The Province of Ontario administers the Fish in 1996 and updated in 2005. Management plans and Wildlife Conservation Act, the Environmental for Fort Henry and the Kingston Fortifications Protection Act, the Endangered Species Act and the are nearing completion. The Superintendent of Provincial Parks Act. These acts provide for the the Eastern Ontario Field Unit is delegated the management and protection of the fish and wildlife responsibility for developing, implementing and resources of Ontario, and regulate water quality, periodically reviewing management plans. the conservation of threatened species of flora and fauna, and the establishment and management of While the Rideau Canal Management Plan is a tool provincial parks. They are implemented through for long-term management of the canal, the Historic regulations and through a variety of programs Canals Regulations provide an enforcement administered by provincial agencies. These mechanism to regulate activities that could harm legislative mechanisms make an important its cultural values. The regulations provide for contribution to the overall environmental quality permits for activities such as dredging and the of the Rideau Canal. For example, the regulations construction of marine works on the bed of the canal, to protect water quality require substantial setbacks and fines and other penalties for contraventions from the shoreline for new development. This of the regulations. In addition, the Navigable measure not only protects water quality but also Waters Protection Act (1985), administered by the natural character of the shoreline, which the Department of Transport, ensures that any contributes to the heritage character of the Rideau construction activities on or over the canal do Canal. As well, measures to protect fish, wildlife not alter or impair the watercourse. and threatened species include the protection of their habitats, such as wetlands and undeveloped Role of the Province of Ontario The Province of Ontario contributes to the protection of the lands adjacent to the nominated property through legislation dealing with land-use planning and cultural heritage and environmental protection. The Planning Act (1990) provides direction for municipal land-use planning in Ontario, to ensure that the province’s interests are adhered to when local plans are formulated. Matters of interest include the protection of natural and cultural Fishing remains a popular activity along the Rideau Canal because of good wildlife management practices. 107 shore lands, both of which are important mechanisms, so that land use and development are components of the canal. consistent with the municipality’s official plan. The most important aspect of managing the setting of the Rideau Canal relates to the immediate Role of Conservation Authorities intersection of the nominated property and private property at the shoreline of the navigable Conservation authorities are mandated under the watercourse of the canal. Municipal planning Conservation Authorities Act (1990) to ensure the policies protect the integrity of the shoreline and conservation, restoration and effective management the natural character of the shore lands, and of Ontario’s water resources, wetlands, woodlands severely restrict the location, type and scale of and natural habitats. There are two conservation development. The most effective municipal land- authorities with jurisdiction in the area of the use policy is the requirement for frontage of Rideau Canal, the Cataraqui Region Conservation between 50 m to 75 m for development lots and a Authority, encompassing the Cataraqui River setback of 30 m from the shoreline. This mandatory watershed from Newboro Lake to Kingston, 30 m setback constitutes the buffer zone for the and the Rideau Valley Conservation Authority, canal element of the nominated property. In the extending from Upper Rideau Lake to Ottawa. rural areas, comprising most of the shoreline of the The conservation authorities provide a valuable nominated property, generally only single-family function in protecting the nominated property and residences are allowed, and they must be screened adjacent lands by regulating development along from view so as to be largely hidden from the the shore and through programs to conserve canal. Additional regulations protect floodplains, wetlands, woodlands and natural habitats. wetlands, and other natural features, thereby further reducing the impact of development. The Parks Canada Agency participates directly in the development of municipal official plans and their associated policies. All official plans for the municipalities bordering the nominated property have specific policies pertaining to the protection of heritage. When official plans are developed and reviewed, a highly cooperative inter-jurisdictional approach is employed to ensure that the resulting plans and policies meet the requirements of all levels of government. Through the Ontario Planning Act, the Parks Canada Agency has the right to intervene in The extensive wetlands along the Rideau Canal are an proposed development applications should it important part of the area’s natural values. believe that the development will, in any way, negatively affect the nominated property. The act establishes the Ontario Municipal Board, to which appeals may be made should Role of Municipalities a development application be construed as a threat to a neighbouring property. Although Municipalities in Ontario have full authority over the occasions when this has been