Public Lands Act Regulations Update Ministry of Natural

Public Lands Act Regulations Update Ministry of Natural Resources and Forestry November 3, 2017 Prepared by Tammy Watson

Purpose To: I. provide an overview of Public Lands Act regulations (amended and new), which came into effect on June 1, 2017; a) (Amendment) Ontario Regulation 239/13 - Activities on Public Land Shore Lands – Work Permits and Exemptions a) (New) Ontario Regulation 161/17 - Occupation of Public Lands under Section 21. 1 of the Act 2

PART I a) a) Amendments to Ontario Regulation 239/13 - Activities on Public Land Shore Lands – Work Permits and Exemptions 3

O. Reg. 239/13 Amendments 1. Waterfront Property Definition: Previously: Amendment: a parcel of land having a boundary on a lake, river, stream or pond a parcel of land that, 4 a) has a boundary on a lake, river, stream or pond, or b) is separated from a lake, river, stream or pond only by, i) an unopened road allowance ii) a strip of public lands that is not more than 30 metres in perpendicular width from a lake, river, stream or pond

O. Reg. 239/13 Amendments 1. Waterfront Property Definition: Previously: Amendment: 5

O. Reg. 239/13 Amendments 2. Structures on Shore Lands Previously: Amendment: Construct or place a structure or combination of structures that occupies more than 15 square metres on shore lands. Construct or place a structure or a combination of structures that is in physical contact with more than 15 square metres of shore lands 6

O. Reg. 239/13 Amendments 4. Maintenance, repair or replacement of erosion control structures on shore lands Previously: Amendment: 8. (1) A person is not required under paragraph 4 of subsection 2 (1) to obtain a work permit to maintain, repair or replace an erosion control structure on shore lands, if the person complies with the requirements set out in subsection (3). O. Reg. 239/13, s. 8 (1). 8. (1) A person is not required under paragraph 4 or 6 of subsection 2 (1) to obtain a work permit to maintain, repair or replace an erosion control structure on shore lands, if the person complies with the requirements set out in subsection (3). O. Reg. 239/13, s. 8 (1). 7

Work Permits Activities subject to Work Permits [see subsection 2(1) of O. Reg. 239/13] • • • Construct or place a building on public land; Construct a trail, water crossing or road on public land; Dredge shore lands; Fill shore lands; Remove invasive aquatic vegetation or native aquatic vegetation by mechanical means or by hand from shore lands; Construct or place a structure or a combination of structures that is in physical contact with more than 15 square metres of shore lands. Exceptions [see s. 4. (1) of O. Reg. 239/13] • • Trails, water crossings, roads authorized under a Forest Management Plan under CFSA. Minor maintenance activities on trails, water crossings, roads. Construct or place a structure or a combination of structures that is in physical contact with 15 square metres or less of shore lands. Any activity that is done under the terms and conditions of a land use occupational authority granted under the PLA Exemptions [see s. 5, 6, 7, 8, 9 and 10 of O. Reg. 239/13] • • • Construct or placement of buildings within unpatented mining claim ; see s. 5. (1) of O. Reg. 239/13 Dredging of shore lands previously dredged; see s. 6. (1) of O. Reg. 239/13 Relocating rocks on shore lands; see s. 7. (1) of O. Reg. 239/13 Maintenance, repair or replacement of erosion control structures on shore lands; see 8. (1) of O. Reg. 239/13 Removal of invasive aquatic vegetation from shore lands; see 9. (1) of O. Reg. 239/13 Removal of native aquatic vegetation from shore lands; see 10. (1) of O. Reg. 239/13 8

PART I b) b) Ontario Regulation 161/17 - Occupation of Public Lands under Section 21. 1 of the Act 9

Occupancy Regulation – General Rules • Legislation provides authority to erect, place or use prescribed classes of buildings, structures and things. • • Notwithstanding occupational authority granted by this regulation, a WORK PERMIT must be obtained, where applicable. Note that structures may also be subject to municipal, provincial and federal regulatory permitting requirements. The lands that may be occupied are, • the lands on which the structure is placed; and • in the course of erecting or placing a building, structure or thing, no more than the minimum amount of public lands required for the purpose. 10

Occupancy Regulation – Notice to Vacate • Minister may issue notice to vacate at any time and for any reason to those lawfully occupying under the new rules. • Person issued notice is required to remove structure at their expense, on or before date in notice. • Notice can be given by posting on structure; in-person delivery; or by registered mail. • Person given notice is required to comply. If they do not comply their occupation will be considered unauthorized. 11

Resources Work Permits https: //www. ontario. ca/page/crown-land-work-permits Online Registration https: //www. ontario. ca/page/maintain-repair-or-replace-erosion-controlstructures-shore-lands Regulations under the Public Lands Act https: //www. ontario. ca/laws/statute/90 p 43 12

QUESTIONS 12