Overview

The use of Crown land (also known as public land) and shore lands is regulated under the Public Lands Act.

Shore lands, which may include private shore lands, are any lands covered or seasonally inundated by the water of a:

  • lake
  • river
  • stream
  • pond

You must get a work permit from the ministry for certain activities on Crown land and shore lands before any work can take place.

This applies to all Crown land we manage, including:

  • the beds of most lakes and rivers
  • shore lands, including private shore lands

It does not apply to:

  • lands in provincial parks and conservation reserves
  • federal lands and water bodies, such as the Rideau Canal and portions of the Trent-Severn Waterway
  • private lands, unless the lands are shore lands

If you apply to do work in an area subject to a restricted area order, different rules apply and a permit may be required for some activities on private land.

It is an offence to do work on Crown land or shore lands without a work permit when one is needed.

Having a permit from a conservation authority or municipality does not exempt you from needing a work permit from the ministry when one is required.

You may also need occupational authority from the ministry for some of the activities described on this page.

Source law and policy

When you need a work permit

Buildings and structures

You need a work permit to construct or place a:

  • building on public land
  • structure or a combination of structures that is in physical contact with more than 15 square metres of shore lands

You do not need a work permit for the following activities if you meet the conditions in Ontario Regulation 239/13.

  • Construct or place structures that are in physical contact with 15 square metres or less of shore lands. Refer to the Public Lands Act Work Permits Policy for more information. A structure or part of a structure floating on water above shore lands is not considered to be in physical contact with the shore lands.
  • Place an ice fishing hut on the ice. However, in some areas you may need to register your ice hut.
  • Construct or place new buildings within an unpatented mining claim area if you are the holder of the unpatented mining claim. Refer to Buildings on a mining claim for more information. You must let us know before you start work by registering this activity.

Erosion control structures

The placement of an erosion control structure means filling shore lands by constructing a breakwall, revetment or groyne or doing other shoreline protection work.

You need a work permit to:

  • build a new erosion control structure on shore lands
  • change the dimensions of an existing erosion control structure on shore lands

You do not need a work permit to maintain, repair, or replace an erosion control structure if you meet the conditions in Ontario Regulation 239/13. However, you must let the ministry know before you start work by registering your activity.

Note: If your property is within the Lake Simcoe watershed, but outside the jurisdiction of the Lake Simcoe Region Conservation Authority, then a work permit is required to construct, change, maintain, repair or replace an erosion control structure.

Removing aquatic vegetation

There are different work permit requirements for removing native aquatic vegetation depending on whether you are in Northern or Southern Ontario.

Find boundary maps and a summary of the rules: Remove native aquatic plants.

You need a work permit to remove native aquatic vegetation from shore lands in Northern Ontario. This includes removal done by hand or by mechanical means, with a rake, cutter-bar device, or mechanical harvester.

If you plan to use certain chemicals or substances to remove plants, you may need approval from the Ministry of the Environment, Conservation and Parks.

Learn more about pesticides

You do not require a work permit for the following activities if you meet the conditions in Ontario Regulation 239/13:

Even if a work permit is not required, you must follow certain conditions when removing any type of aquatic vegetation from shore lands, such as not doing in-water work during certain times of year to prevent harm to fish.

For a complete list of conditions, read Ontario Regulation 239/13.

Dredging and filling shore lands

Dredging shore lands means to:

  • remove or displace material from any shore lands
  • create a new dredge
  • expand an existing dredge

Filling shore lands means to:

  • place any material, substance or thing on shore lands
  • add fill to a lake or riverbed
  • build an erosion control structure

You need a work permit for dredging and filling shore lands.

You do not need a work permit for the following activities, if you meet the conditions in Ontario Regulation 239/13:

Constructing a road or trail

The following activities are considered road construction:

  • Constructing a travel corridor that is reasonably capable of allowing travel by motor vehicles, such as personal or commercial cars and trucks.
  • Removing trees and vegetation, grubbing, or adding aggregate material to make the corridor passable by the vehicles described above.
  • Non-routine maintenance which results in a marked improvement to the condition of an existing road, including:
    • Changing the standard of an existing road to a higher one, such as widening the driving surface, realigning bad corners, and flattening a hill.
    • Replacing or upgrading an existing water crossing, such as a culvert or a bridge.

The following activities are considered trail construction:

  • Construct a travel corridor that is more minor in nature than a road, such as a trail for all terrain vehicles or snowmobiles.
  • Remove trees and vegetation, and level portions of the trail with machinery, but generally without addition of aggregate material.
  • Change or upgrade an existing trail where the trail is being significantly altered, such as widening or relocating a trail.

You require a work permit to construct a road or trail on public land.

You do not need a work permit for the following activities, if you meet the conditions in Ontario Regulation 239/13:

  • Construct a trail where the trail will be used for mineral exploration. You need a work permit if you construct a road for mineral exploration.
  • Construct a road or trail authorized under the Crown Forest Sustainability Act, 1994
  • Undertake minor maintenance of a road or trail that has not been closed or decommissioned, including:
    • grading existing roads or trails
    • clearing existing ditches
    • gravelling existing roads or trails
    • clearing or brushing of existing road or trail surface
    • plowing snow
    • sanding or dust control
    • repairing or replacing posted signage

Changing the standard or size of a road or trail is not considered minor maintenance.

Bridges and other water crossings

You need a work permit to construct, repair, or replace a water crossing such as a bridge, culvert, or causeway.

You do not need a work permit for the following activities, if you meet the conditions in Ontario Regulation 239/13:

  • Construct a water crossing that is constructed and approved under a Forest Management Plan under the Crown Forest Sustainability Act, 1994 (CFSA), or constructed as part of a forest operation subject to the CFSA
  • Clean a water crossing to maintain the flow of water

How to apply for a work permit

A work permit application is reviewed and, if approved, issued free of charge by the ministry. To apply for a work permit, you can apply online using the Natural Resources Information Portal or if you need support for the application process, contact your local work centre.

What to include with your application

You are responsible for all application requirements such as studies and associated costs.

Application forms are available through the Natural Resources Information Portal.

Site plans

A site plan is used to understand the work proposed relative to the site and conditions.

It should be a to-scale drawing showing the location and details of the proposed improvements relative to key features, including:

  • a north arrow and the scale of the site plan
  • boundaries of the proposed development
  • a sketch of any proposed occupations
  • existing buildings, structures, infrastructure and improvements on the site
  • an indication of all existing access to the site
  • significant natural features
  • description of vegetation cover
  • locations of water bodies
  • the location and direction of where photos in the application were taken
  • any other information relevant to the proposed work

Key maps

Key maps (scale between 1:100 000 and 1:50 000) are used to locate the general area of the application.

Applications must include a key map that is to-scale and depicts key features, such as:

  • township lot fabric
  • ownership details of the relevant land
  • existing right of ways and access information
  • coordinates of the site
  • locations of water bodies

Photos

If providing photos, indicate the location and direction of the photos relative to locations identified on the site plan. Photos should:

  • be clear and unobstructed
  • be taken with good light
  • provide a wide-angle view of the site

Project description

The description of the project may include:

  • purpose and rationale for the project
  • details of the project such as location, duration, and recurrence
  • alternatives considered to the proposed work
  • mitigation measures integral to the design and scope of the project
  • relationship of the proposed work to other projects

Additional supporting information

We may require additional information or studies depending on the location and nature of the application. We will identify these requirements when we review your application.

We may require:

  • written confirmation that neighbouring property owners are aware of the proposed work
  • comments from neighbouring property owners
  • proof of consent to represent the landowner if the person applying for the work permit is not the landowner
  • proof of land ownership or occupational authority, which may include:
    • plans, surveys, deeds, tax information, or information regarding occupational authority such as a land use permit or lease number

Corporate profile report

Applicants who are a corporation must submit a current Corporate Profile Report.

How to apply

  • Submit the completed application online using the Natural Resources Information Portal. If you need support for the application process, contact your ministry work centre.
  • Submit the application well in advance of your planned project start date.
  • Ensure the application is detailed enough to support the ministry’s review process.
  • Attach all required information outlined in the form instructions, as a review will not be initiated until you have submitted a complete application.

After you apply

We will review your application consistent with our responsibilities under the:

We may visit the site to assess the proposed project.

Duty to consult

The Crown has a legal duty to consult with Aboriginal communities when it has knowledge of an existing or asserted Aboriginal or treaty right and is considering actions or decisions which have the potential to adversely affect those rights.

Where the ministry has a duty to consult with one or more Aboriginal communities, the ministry has the responsibility for ensuring that the duty to consult, and accommodate where appropriate, is met before making decisions under the Public Lands Act.

Decision on work permit application

You may only begin work on projects when you receive a work permit. You must comply with all permit terms and conditions.

A work permit may be approved with conditions, such as timing restrictions to protect fish spawning or sediment control.

While work is being done or following its completion, we may inspect the site to ensure compliance with the permit.

If your work permit application is denied, you may express your objection in a hearing. Refer to Regulation 975: Work Permits.

Other approvals

Before you start any work, find out whether you need additional authorizations.

You should consult your local municipality to determine if they have official plan policies or zoning bylaws in place that might affect, prohibit, or control any proposed work.

You should also check with other government agencies that may have an interest and regulatory role related to your proposal, including:

You may also want to discuss the project with neighbours before starting work.