Public Lands Act

ONTARIO REGULATION 239/13

ACTIVITIES ON PUBLIC LANDS AND SHORE LANDS — WORK PERMITS AND EXEMPTIONS

Consolidation Period: From May 1, 2026 to the e-Laws currency date.

Last amendment: 124/26.

Legislative History: 160/17, 286/21, 45/24, 124/26.

This is the English version of a bilingual regulation.

CONTENTS

 

Interpretation

Interpretation

1. (1) In this Regulation,

“building” means a structure consisting of a roof, wall or floor, but does not include floating structures, docks, boathouses, tents or ice huts; (“bâtiment”)

“dredge” means to remove or displace material, but does not include the removal or displacement of material for the purpose of installing service cables, heat loops or water intakes for private residences; (“draguer”)

“geotechnical investigation” means drilling or excavating in soil or bedrock for the purpose of determining suitability of public lands for the erection, placement or construction of buildings, structures or things, but does not include exploring for or producing hydrogen or helium or any activity regulated under the Geologic Carbon Storage Act, 2025, the Oil, Gas and Salt Resources Act or Part IV of the Mining Act; (“études géotechniques”)

“invasive aquatic vegetation” means plants listed in the document entitled “Ontario’s Invasive Aquatic Plant List” and dated March 11, 2013, that is published by the Ministry and available on a Government of Ontario website; (“végétation aquatique envahissante”)

“In-water Work Timing Window Guidelines” means the document entitled “In-water Work Timing Window Guidelines” and dated March 11, 2013, that is published by the Ministry and available on a Government of Ontario website; (“Directives concernant les périodes de travaux dans les cours d’eau”)

“native aquatic vegetation” means plants that grow partly or wholly in water and that may be rooted or floating, but does not include invasive aquatic vegetation; (“végétation aquatique indigène”)

“road” has the same meaning as in Part II of the Act; (“chemin”)

“shore lands” means any lands that are below the high-water mark of a lake, river, stream or pond established by natural or artificial means or below the maximum regulated contour, whichever is highest; (“terres riveraines”)

“trail” means a path over public lands that is not used for mineral exploration or extraction; (“sentier”)

“waterfront property” means a parcel of land that,

(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) a road allowance, or

(ii) a strip of public lands that is not more than 30 metres in perpendicular width from the lake, river, stream or pond; (“bien riverain”)

“work permit” means a work permit issued under the Act. (“permis de travail”) O. Reg. 239/13, s. 1 (1); O. Reg. 160/17, s. 1; O. Reg. 286/21, s. 1; O. Reg. 124/26, s. 1 (1-5).

(1.1) For greater certainty, the definition of “shore lands” in subsection (1) does not include lands that are,

(a) inundated by water only as a result of the spring freshet, an extreme flooding event or both; or

(b) under the administration and control of the Crown in right of Canada. O. Reg. 124/26, s. 1 (6).

(2) A reference in this Regulation to a person carrying out an activity is deemed to include a reference to a person causing the activity to be carried out. O. Reg. 239/13, s. 1 (2).

Prohibited Activities and Requirement to Obtain a Work Permit

Activities prohibited unless carried out in accordance with work permits

2. (1) No person shall carry out any of the following activities except under the authority of and in accordance with the terms and conditions of a work permit that authorizes the activity:

1. Construct or place a building on public land.

2. Construct a trail, bridge, culvert, causeway or road on public lands.

3. Dredge shore lands, where the dredging is taking place on or in close proximity to,

i. public lands, or

ii. shore lands that, if inundated, would be public lands.

4. Fill shore lands, where the filling is taking place on or in close proximity to,

i. public lands, or

ii. shore lands that, if inundated, would be public lands.

5. Remove invasive aquatic vegetation or native aquatic vegetation by mechanical means or by hand from shore lands, where the removal is taking place on or in close proximity to,

i. public lands, or

ii. shore lands that, if inundated, would be public lands.

6. Construct or place a structure or a combination of structures that are in physical contact with more than 15 square metres of shore lands, where the construction or placement is taking place on or in close proximity to,

i. public lands, or

ii. shore lands that, if inundated, would be public lands.

7. Conduct geotechnical investigations on lands that are public lands or shore lands that, if inundated, would be public lands. O. Reg. 239/13, s. 2 (1); O. Reg. 160/17, s. 2 (1); O. Reg. 124/26, s. 2 (1).

(2) For the purposes of paragraph 5 of subsection (1), removal by mechanical means includes removal with a rake, cutter-bar device or mechanical harvester, but does not include dredging. O. Reg. 239/13, s. 2 (2).

(3) For greater certainty, for the purposes of paragraph 6 of subsection (1), a structure or part of a structure floating on water over shore lands is not in physical contact with the shore lands. O. Reg. 160/17, s. 2 (2); O. Reg. 124/26, s. 2 (2).

Non-application of prohibition under s. 2

3. Nothing in section 2 prohibits a person from acting under the authority of and in accordance with the terms and conditions of an instrument that,

(a) is granted under the Act; and

(b) authorizes an activity that would otherwise be prohibited, except if carried out under the authority of and in accordance with the terms and conditions of a work permit. O. Reg. 239/13, s. 3.

Non-application of prohibition under s. 2

3.1 The prohibition under section 2 does not apply with respect to activities related to the occupation of public lands under subsection 17.1 (2) or section 20.1 or 20.2 of Ontario Regulation 161/17 (Occupation of Public Lands under Section 21.1 of the Act) made under the Act where such activities,

(a) would otherwise be prohibited except if carried out under the authority of and in accordance with the terms and conditions of a work permit; and

(b) are carried out in accordance with section 21.1 of the Act and subsection 17.1 (2) or section 20.1 or 20.2 of Ontario Regulation 161/17. O. Reg. 124/26, s. 3.

Non-application of prohibition under par. 2 of s. 2 (1)

4. (1) The prohibition under paragraph 2 of subsection 2 (1) does not apply with respect to a trail, bridge, culvert, causeway or road that has been authorized under a forest management plan under the Crown Forest Sustainability Act, 1994 or constructed as part of a forest operation to which that Act applies. O. Reg. 124/26, s. 4 (1).

(2) The prohibition under paragraph 2 of subsection 2 (1) does not apply with respect to minor maintenance activities carried out on a trail, bridge, culvert, causeway or road, including the following activities:

1. Cleaning of bridges, culverts or causeways for the purpose of maintaining the flow of water.

2. Grading of existing trails or roads.

3. Clearing of existing ditches.

4. Gravelling of existing trails or roads.

5. Clearing or brushing of existing road or trail surface.

6. Snow plowing.

7. Sanding or dust control.

8. Repair or replacement of posted signage. O. Reg. 239/13, s. 4 (2); O. Reg. 160/17, s. 3; O. Reg. 124/26, s. 4 (2).

Discovery of artifact

4.1 If an artifact is discovered while work is being carried out in relation to an activity referred to in this Regulation on public lands, the person carrying out the activity shall ensure all work ceases immediately and shall notify the Ministry of the discovery by email at an address identified for the purposes of such notice on a Government of Ontario website. O. Reg. 124/26, s. 5.

Discovery of human remains

4.2 If any human remains are discovered while work is being carried out in relation to an activity referred to in this Regulation, the person carrying out the activity shall ensure all work ceases immediately and that the police or coroner are notified under the Funeral, Burial and Cremation Services Act, 2002. O. Reg. 124/26, s. 5.

Exemptions from Requirement to Obtain a Work Permit

Non-application — exemptions from requirement to obtain work permit

4.3 (1) Despite any exemption from a requirement to obtain a work permit under this Regulation in respect of an activity with respect to which registration is required in accordance with section 10.2, the Minister may provide written notice to a person proposing the activity, together with reasons, any time on or after the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry stating that the exemption does not apply if any of the following apply:

1. An artifact or human remains are discovered at the location of the work related to the activity.

2. In the opinion of the Minister, the work related to the activity is not in the public interest or is likely to create a threat to public safety or to a natural resource including public lands, waters and watercourses, forests, flora, wildlife and fisheries.

3. Carrying out the work related to the activity is contrary to law. O. Reg. 124/26, s. 6.

(2) A notice referred to in subsection (1) shall take effect on the date specified in the notice. O. Reg. 124/26, s. 6.

(3) An exemption from a requirement to obtain a work permit under this Regulation in respect of an activity with respect to public lands does not apply if any of the following apply:

1. The public lands are in the possession of, or occupied by, a person other than the person carrying out the activity and that possession or occupation is authorized under the Act.

2. The public lands are subject to a lease of surface rights, or to a lease of both surface and mining rights, that was granted under the Mining Act.

3. The public lands are subject to a land use plan described in section 12.2 of the Act or to a community based land use plan under the Far North Act, 2010 and the activity is not consistent with such plan.

4. The Ministry has given notice under clause 28 (1) (a) of the Act in respect of the public lands and the activity is not consistent with the notice.

5. Entry on the public lands is prohibited under the Trespass to Property Act for all purposes or for the purposes of the activity.

6. The public lands are a road allowance and a road authority other than the Ministry has authority over the road allowance and has not consented to the activity.

7. The public lands are,

i. an archaeological site in the Ontario Archaeological Sites Database maintained by the Ministry of Citizenship and Multiculturalism,

ii. an area where an artifact has been discovered and archaeological fieldwork has not been completed, or

iii. an area where there is a burial site or where human remains have been discovered. O. Reg. 124/26, s. 6.

Construction or placement of buildings within unpatented mining claims

5. (1) A person is not required under paragraph 1 of subsection 2 (1) to obtain a work permit to construct or place one or more buildings within the boundaries of an unpatented mining claim for the purpose of mineral exploration and development, if the person complies with the requirements set out in subsection (2). O. Reg. 239/13, s. 5 (1).

(2) The requirements referred to in subsection (1) are the following:

1. The person must be the holder of the unpatented mining claim on which the construction or placement of the building or buildings is to be carried out.

2. The person must ensure that the building or buildings meet the following requirements:

i. The building or buildings must not be constructed or placed within the 120 metre shoreline reservation authorized by subsection 40 (1) of the Mining Act.

ii. The building or buildings must not be constructed or placed on land to which the surface rights are held by another person.

3. Before the commencement of the construction or placement of the building or buildings, the person must, in accordance with section 10.2, submit for registration the geographic point of each building and submit to the Ministry all the information required under subsection 10.2 (3).

3.1 Revoked: O. Reg. 124/26, s. 7 (2).

4. The person must not commence the construction or placement of the building or buildings until 10 days after the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry. O. Reg. 239/13, s. 5 (2); O. Reg. 286/21, s. 2 (1); O. Reg. 124/26, s. 7 (1, 2).

(3)-(6) Revoked: O. Reg. 124/26, s. 7 (3).

Dredging of shore lands previously dredged

6. (1) A person is not required under paragraph 3 of subsection 2 (1) to obtain a work permit to dredge shore lands that were initially dredged under the authority of a work permit, if the person complies with the requirements set out in subsection (2). O. Reg. 239/13, s. 6 (1).

(2) The requirements referred to in subsection (1) are the following:

1. The person must be the owner of waterfront property that is,

i. adjacent to the shore lands where the proposed dredging is to be carried out, or

ii. separated from the shore lands where the proposed dredging is to be carried out only by a road allowance or a strip of public lands.

2. The person must have carried out the initial dredging under the authority of a work permit issued on or after January 1, 2009.

3. The commencement date of the proposed dredging must be,

i. in the case of the first dredging following the initial dredging, no later than on the fifth anniversary of the day the work permit referred to in paragraph 2 is issued, and

ii. in the case of each subsequent dredging, no later than on the fifth anniversary of the date of completion of the immediately preceding dredging.

4. The person must carry out the activity in accordance with the following requirements:

i. The activity must be carried out within the straight line production of the sidelines of the waterfront property.

ii. The area to be dredged must comply with the requirements of subsections (4) and (5) with respect to its dimensions and location.

iii. Blasting or open water disposal must not be used in connection with the activity.

iv. In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines.

v. If any work related to the activity is likely to disturb sediments, sediment controls containing the area where the work is carried out,

A. must be installed before the work begins,

B. must be maintained for the duration of the work, and

C. must not be removed until after the area has stabilized.

vi. Wheeled or tracked machinery or equipment used in connection with the activity,

A. must be used on dry land or used from a barge or vessel,

B. must be operated from dry land or operated from a barge or vessel, and

C. must be stored on dry land or stored on a barge or vessel.

vii. Any material that results from the activity, including sediment, debris and aquatic vegetation, must be disposed of on dry land and in a manner that prevents it from entering or re-entering any lake, river, stream or pond. O. Reg. 239/13, s. 6 (2); O. Reg. 160/17, s. 4; O. Reg. 286/21, s. 3; O. Reg. 124/26, s. 8.

(3) For the purposes of an exemption under this section, if the commencement date referred to in paragraph 3 of subsection (2) falls within a timing window referred to in subparagraph 4 iv of subsection (2), the person must ensure that the commencement date of the proposed dredging complies with the requirements of both paragraph 3 and subparagraph 4 iv of subsection (2). O. Reg. 239/13, s. 6 (3).

(4) The dimensions of the area to be dredged must not exceed the dimensions of the area that was initially dredged under the authority of the work permit. O. Reg. 239/13, s. 6 (4).

(5) The location of the area to be dredged must comply with the following requirements:

1. The area to be dredged must be located entirely within the area initially dredged under the authority of the work permit, if the dimensions of the area to be dredged are less than the dimensions of the area initially dredged under the authority of the work permit.

2. The area to be dredged must overlap entirely with the area initially dredged under the authority of the work permit, if the dimensions of the area to be dredged are equal to the dimensions of the area initially dredged under the authority of the work permit. O. Reg. 239/13, s. 6 (5).

(6) If a work permit is issued to authorize the person to dredge an area or part of an area that was previously dredged by the person on the basis of an exemption under this section, the following applies for the purposes of an exemption under this section:

1. References to “work permit” in this section shall be read as references to the subsequent work permit and no longer as references to the previous work permit.

2. The commencement date of the proposed dredging shall be determined with reference to the area that is initially dredged under the authority of the subsequent work permit and no longer on the basis of the previous work permit.

3. The dimensions and location of the area to be dredged shall be determined with reference to the area that is initially dredged under the authority of the subsequent work permit and no longer on the basis of the previous work permit. O. Reg. 239/13, s. 6 (6).

(7) For the purposes of this section,

“commencement date”, in relation to a dredging activity, means the day on which in-water work related to the activity begins;

“dimensions”, in relation to an area, means the length and width of the area. O. Reg. 239/13, s. 6 (7).

Relocating rocks on shore lands

7. (1) A person is not required under paragraph 3 of subsection 2 (1) to obtain a work permit if the dredging is limited to relocating rocks and the person complies with the requirements set out in subsection (2). O. Reg. 124/26, s. 9 (1).

(2) The requirements referred to in subsection (1) are the following:

1. The person must be the owner of waterfront property that is,

i. adjacent to the shore lands where the relocation of rocks is to be carried out, or

ii. separated from the shore lands where the relocation of rocks is to be carried out only by a road allowance or a strip of public lands.

2. The person must carry out the activity in accordance with the following requirements:

i. The activity must be carried out within the straight line production of the sidelines of the waterfront property.

ii. The rocks must not be removed from the water and must be distributed randomly in a manner that prevents an erosion control structure, such as a groyne, from forming.

iii. The area from which rocks are to be relocated must comply with the requirements of subsections (3) to (7) with respect to its shape, dimensions and location.

iv. In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines.

v. If any work related to the activity is likely to disturb sediments, sediment controls containing the area where the work is carried out,

A. must be installed before the work begins,

B. must be maintained for the duration of the work, and

C. must not be removed until after the area has stabilized.

vi. Wheeled or tracked machinery or equipment used in connection with the activity,

A. must be used on dry land or used from a barge or vessel,

B. must be operated from dry land or operated from a barge or vessel, and

C. must be stored on dry land or stored on a barge or vessel. O. Reg. 239/13, s. 7 (2); O. Reg. 160/17, s. 5; O. Reg. 286/21, s. 4; O. Reg. 124/26, s. 9 (2, 3).

(3) The area to be cleared must form a channel that runs perpendicular to the shoreline and has a width not exceeding six metres, measured parallel to the shoreline. O. Reg. 239/13, s. 7 (3).

(4) If the area to be cleared was previously cleared, the following applies:

1. The area to be cleared must comply with the requirements of subsection (3).

2. Subject to subsections (5) to (7), the location of the area to be cleared must comply with the following requirements:

i. The area to be cleared must be located entirely within the area previously cleared, if the dimensions of the area to be cleared are less than the dimensions of the area previously cleared.

ii. The area to be cleared must overlap entirely with the area previously cleared, if the dimensions of the area to be cleared are equal to the dimensions of the area previously cleared.

iii. The area to be cleared must include the entire area previously cleared, if the dimensions of the area to be cleared exceed the dimensions of the area previously cleared. O. Reg. 239/13, s. 7 (4).

(5) If the area to be cleared was previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (4) shall be read as references to the area previously cleared under the work permit. O. Reg. 239/13, s. 7 (5).

(6) If the area to be cleared was previously cleared under an exemption under this section, references to “area previously cleared” in paragraph 2 of subsection (4) shall be read as references to the area previously cleared under the exemption. O. Reg. 239/13, s. 7 (6).

(7) If the area to be cleared was previously cleared under an exemption under this section and was also previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (4) shall be read, at the option of the person referred to in paragraph 1 of subsection (2),

(a) as references to the area previously cleared under the exemption; or

(b) as references to the area previously cleared under the work permit. O. Reg. 239/13, s. 7 (7).

(8) For the purposes of this section,

“cleared”, in relation to an area, means an area from which rocks are relocated. O. Reg. 239/13, s. 7 (8).

Maintenance, repair or replacement of erosion control structures on shore lands

8. (1) Subject to subsection (2), 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); O. Reg. 160/17, s. 6 (1); O. Reg. 45/24, s. 1 (1).

(2) The exemption under subsection (1) does not apply to shore lands located within the Lake Simcoe watershed boundaries as described in subsection 2 (1) of Ontario Regulation 219/09 (General) made under the Lake Simcoe Protection Act, 2008 unless the shore lands are in an area described in paragraph 2 of subsection 28 (1) of the Conservation Authorities Act that is located within the area of jurisdiction of the Lake Simcoe Region Conservation Authority. O. Reg 45/24, s. 1 (2); O. Reg. 124/26, s. 10 (1).

(3) The requirements referred to in subsection (1) are the following:

1. The person must be the owner of waterfront property that is,

i. adjacent to the shore lands where the maintenance, repair or replacement of the erosion control structure is to be carried out, or

ii. separated from the shore lands where the maintenance, repair or replacement of the erosion control structure is to be carried out only by a road allowance or a strip of public lands.

2. Before the commencement of the maintenance, repair or replacement of the erosion control structure, the person must, in accordance with section 10.2, submit for registration the geographic point of the erosion control structure and submit to the Ministry all the information required under subsection 10.2 (3).

2.1 Revoked: O. Reg. 124/26, s. 10 (3).

3. The person must not commence the maintenance, repair or replacement of the erosion control structure until they receive confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry.

4. The person must carry out the activity in accordance with the following requirements:

i. The activity must be carried out within the straight line production of the sidelines of the waterfront property.

ii. The length and width of the erosion control structure resulting from the activity must be the same as the length and width of the existing erosion control structure.

iii. The location of the erosion control structure resulting from the activity must overlap entirely with the location of the existing erosion control structure.

iv. In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines.

v. If any work related to the activity is likely to disturb sediments, sediment controls containing the area where the work is carried out,

A. must be installed before the work begins,

B. must be maintained for the duration of the work, and

C. must not be removed until after the area has stabilized.

vi. Wheeled or tracked machinery or equipment used in connection with the activity,

A. must be used on dry land or used from a barge or vessel,

B. must be operated from dry land or operated from a barge or vessel, and

C. must be stored on dry land or stored on a barge or vessel.

vii. Any material that results from the activity, including sediment, debris and aquatic vegetation, must be disposed of on dry land and in a manner that prevents it from entering or re-entering any lake, river, stream or pond. O. Reg. 239/13, s. 8 (3); O. Reg. 160/17, s. 6 (2); O. Reg. 286/21, s. 5 (1, 2); O. Reg. 124/26, s. 10 (2-4).

(4)-(7) Revoked: O. Reg. 124/26, s. 10 (5).

Removal of invasive aquatic vegetation from shore lands

9. (1) A person is not required under paragraph 5 of subsection 2 (1) to obtain a work permit to remove, by mechanical means or by hand, invasive aquatic vegetation from shore lands located in the area set out in Schedule 1 or 2, if the person complies with the requirements set out in subsection (2). O. Reg. 239/13, s. 9 (1).

(2) The requirements referred to in subsection (1) are the following:

1. The person must be the owner of waterfront property that is,

i. adjacent to the shore lands where the removal of invasive aquatic vegetation is to be carried out, or

ii. separated from the shore lands where the removal of invasive aquatic vegetation is to be carried out only by a road allowance or a strip of public lands.

2. The person must carry out the activity in accordance with the following requirements:

i. The activity must be carried out within the straight line production of the sidelines of the waterfront property.

ii. The removal of any native aquatic vegetation must be minimized.

iii. All cut or uprooted invasive aquatic vegetation and native aquatic vegetation must be immediately and permanently removed from the water.

iv. In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines.

v. Wheeled or tracked machinery or equipment used in connection with the activity,

A. must be used on dry land or used from a barge or vessel,

B. must be operated from dry land or operated from a barge or vessel, and

C. must be stored on dry land or stored on a barge or vessel.

vi. Any aquatic vegetation that is removed as a result of the activity and any other material that results from the activity, including sediment and debris, must be disposed of on dry land and in a manner that prevents the aquatic vegetation or other material from entering or re-entering any lake, river, stream or pond. O. Reg. 239/13, s. 9 (2); O. Reg. 160/17, s. 7; O. Reg. 286/21, s. 6; O. Reg. 124/26, s. 11.

Removal of native aquatic vegetation from shore lands

10. (1) A person is not required under paragraph 5 of subsection 2 (1) to obtain a work permit to remove, by mechanical means or by hand, native aquatic vegetation from shore lands located in the area set out in Schedule 2, if the person complies with the requirements set out in subsection (2). O. Reg. 239/13, s. 10 (1).

(2) The requirements referred to in subsection (1) are the following:

1. The person must be the owner of waterfront property that is,

i. adjacent to the shore lands where the removal of native aquatic vegetation is to be carried out, or

ii. separated from the shore lands where the removal of native aquatic vegetation is to be carried out only by a road allowance or a strip of public lands.

2. The person must carry out the activity in accordance with the following requirements:

i. The activity must be carried out within the straight line production of the sidelines of the waterfront property.

ii. The area to be cleared must comply with the requirements of subsections (3) to (9) with respect to its shape, dimensions and location.

iii. All cut or uprooted native aquatic vegetation must be immediately and permanently removed from the water.

iv. In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines.

v. Wheeled or tracked machinery or equipment used in connection with the activity,

A. must be used on dry land or used from a barge or vessel,

B. must be operated from dry land or operated from a barge or vessel, and

C. must be stored on dry land or stored on a barge or vessel.

vi. Any aquatic vegetation that is removed as a result of the activity and any other material that results from the activity, including sediment and debris, must be disposed of on dry land and in a manner that prevents the aquatic vegetation or other material from entering or re-entering any lake, river, stream or pond. O. Reg. 239/13, s. 10 (2); O. Reg. 160/17, s. 8 (1); O. Reg. 286/21, s. 7 (1); O. Reg. 124/26, s. 12.

(3) The area to be cleared must be any one of the following:

1. A main area described in subsection (4).

2. A channel area described in subsection (5).

3. A combination of both a main area and channel area referred to in paragraphs 1 and 2. O. Reg. 239/13, s. 10 (3).

(4) The main area to be cleared must not exceed the following dimensions:

1. If the frontage of the waterfront property is less than or equal to 22 metres, the maximum width must not be more than 8 metres and the maximum distance off shore must not be more than 30 metres.

2. If the frontage of the waterfront property is more than 22 metres, the maximum width must not be more than 15 metres and the maximum distance off shore must not be more than 30 metres. O. Reg. 239/13, s. 10 (4).

(4.1) For the purposes of subsection (4), in the case of a parcel of land described in clause (b) of the definition of “waterfront property” in subsection 1 (1), the frontage shall be determined by measuring the length of the boundary between the lake, river, stream or pond and the road allowance or the strip of public lands, as the case may be, within the straight line production of the sidelines of the parcel. O. Reg. 160/17, s. 8 (2); O. Reg. 286/21, s. 7 (2).

(5) The channel area to be cleared must meet the following requirements:

1. The channel area must form a channel that runs perpendicular to the shoreline and has a width not exceeding 6 metres, measured parallel to the shoreline.

2. The width of the channel area must be entirely within the maximum width of the main area described in subsection (4). O. Reg. 239/13, s. 10 (5).

(6) If the area to be cleared was previously cleared, the following applies:

1. The area to be cleared must comply with the following requirements:

i. in the case of a main area, the requirements of subsection (4), or

ii. in the case of a channel area, the requirements of subsection (5).

2. Subject to subsections (7) to (9), the location of the area to be cleared must comply with the following requirements:

i. The area to be cleared must be located entirely within the area previously cleared, if the dimensions of the area to be cleared are less than the dimensions of the area previously cleared.

ii. The area to be cleared must overlap entirely with the area previously cleared, if the dimensions of the area to be cleared are equal to the dimensions of the area previously cleared.

iii. The area to be cleared must include the entire area previously cleared, if the dimensions of the area to be cleared exceed the dimensions of the area previously cleared. O. Reg. 239/13, s. 10 (6).

(7) If the area to be cleared was previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (6) shall be read as references to the area previously cleared under the work permit. O. Reg. 239/13, s. 10 (7).

(8) If the area to be cleared was previously cleared under an exemption under this section, references to “area previously cleared” in paragraph 2 of subsection (6) shall be read as references to the area previously cleared under the exemption. O. Reg. 239/13, s. 10 (8).

(9) If the area to be cleared was previously cleared under an exemption under this section and was also previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (6) shall be read, at the option of the person referred to in paragraph 1 of subsection (2),

(a) as references to the area previously cleared under the exemption; or

(b) as references to the area previously cleared under the work permit. O. Reg. 239/13, s. 10 (9).

(10) For the purposes of this section,

“cleared”, in relation to an area, means an area from which native aquatic vegetation is removed. O. Reg. 239/13, s. 10 (10).

Geotechnical investigations

10.1 (1) A person is not required under paragraph 7 of subsection 2 (1) to obtain a work permit to conduct geotechnical investigations by excavating a test pit or trench or drilling boreholes if the person complies with the requirements set out in subsection (2). O. Reg. 124/26, s. 13.

(2) The requirements referred to in subsection (1) are the following:

1. Before the commencement of any work related to geotechnical investigations, the person must,

i. submit for registration, in accordance with section 10.2, the geographic point of the location of the geotechnical investigations,

ii. submit all information required under subsection 10.2 (3), and

iii. submit information regarding whether a test pit or trench will be excavated and the number of boreholes that will be drilled.

2. The person must not commence any work related to geotechnical investigations until 10 days after the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry.

3. The person must ensure that, for each registered geographic point,

i. there is no more than one test pit or trench excavated, which is located within a 10 metre radius of the geographic point referred to in paragraph 1, and

ii. there are no more than 10 boreholes drilled, which are located within a 100 metre radius of the geographic point referred to in paragraph 1.

4. No person may submit for registration a geographic point in the areas described in paragraph 3 unless the person submitting the registration is the person that received the confirmation from the Ministry under paragraph 2.

5. The person must ensure that all work within the areas described in paragraph 3 is completed no later than 40 days after the date of the confirmation from the Ministry referred to in paragraph 2.

6. The person must ensure that,

i. any test pit or trench does not exceed 15 square metres in area,

ii. any test pit or trench is backfilled with only the excavated material before the equipment used to excavate the test pit or trench is removed from the location of the test pit or trench,

iii. any borehole does not exceed an outside diameter of 122.6 millimetres, and

iv. any borehole is plugged and sealed before the equipment used to drill the borehole is removed from the location of the borehole.

7. The person must ensure that all geotechnical investigations are overseen by a professional geoscientist within the meaning of the Professional Geoscientists Act, 2000 or a professional engineer licensed under the Professional Engineers Act.

8. If the geotechnical investigations are proposed to be carried out on public lands that are subject to an energy procurement contract entered into by the Independent Electricity System Operator, the person must satisfy the Ministry that they have the consent of the person with whom the Independent Electricity System Operator has entered into a contract, unless the person proposing the activity is that person.

9. If the geotechnical investigations are proposed to be carried out on public lands and the Ministry has recognized a person’s exclusive eligibility to apply for authorizations related to waterpower or onshore wind development with respect to those lands, the person must satisfy the Ministry that they have the consent of the person with exclusive eligibility, unless the person proposing the activity is that person.

10. In the case of work related to drilling any borehole on dry land, the person must ensure that,

i. all drilling fluids and cuttings are left in the area described in subparagraph 3 ii and are left more than 30 metres away from any water body, and

ii. where drill core is left in the area described in subparagraph 3 ii, it is cross-piled in an orderly manner to a height that does not exceed 1.5 metres and is left more than 30 metres away from any water body.

11. In the case of in-water work related to drilling any borehole, the person must ensure that,

i. wheeled or tracked machinery or equipment is operated from dry land, on ice or from a barge or vessel,

ii. sediment controls are installed before any in-water work commences, maintained for the duration of the in-water work and not removed until any affected public lands are stabilized,

iii. only water-based drilling fluid is used, and

iv. the work is limited to timing windows that are not restricted under the In-water Work Timing Window Guidelines. O. Reg. 124/26, s. 13.

Registration and Submission Requirements

Registration and submission requirements

10.2 (1) This section applies to a person required to submit,

(a) a geographic point for registration; or

(b) any other thing under this Regulation. O. Reg. 124/26, s. 13.

(2) Any geographic point required to be submitted for registration or any other thing required to be submitted under this Regulation shall be submitted in the manner specified on a website of the Government of Ontario. O. Reg. 124/26, s. 13.

(3) When submitting a geographic point for registration under this Regulation, the person shall also submit to the Ministry the following information:

1. The person’s legal name and any name under which the person, if they are a corporation, carries on business in relation to the proposed activity.

2. The person’s mailing address, phone number and email address and, if they are a corporation, the name and email address of a contact person.

3. The termination date of any work in relation to the proposed activity. O. Reg. 124/26, s. 13.

(4) A person to whom this section applies shall ensure that the information they submit is complete, accurate and readable. O. Reg. 124/26, s. 13.

(5) For greater certainty, a person who registers or submits incomplete, false or misleading information has not satisfied the requirements to which the information relates under this Regulation. O. Reg. 124/26, s. 13.

(6) After receiving confirmation from the Ministry that the geographic point and the required information have been received by the Ministry, the person shall, for as long as the activity in respect of which the confirmation was received is ongoing, keep a record of the confirmation at the site of the activity and make it available to the Ministry on request. O. Reg. 124/26, s. 13.

(7) The Ministry shall make geographic points that are registered under this Regulation available to the public. O. Reg. 124/26, s. 13.

Transition

Transition

11. A person who, on January 1, 2014, holds a work permit with respect to an activity described in clause 2 (1) (e) or (f) of Ontario Regulation 453/96 (Work Permit — Construction) made under the Act, as it read on December 31, 2013, is deemed to hold a work permit issued with respect to an activity described in paragraph 5 of subsection 2 (1) of this Regulation. O. Reg. 239/13, s. 11.

12. Omitted (revokes other Regulations). O. Reg. 239/13, s. 12.

13. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 239/13, s. 13.

Schedule 1

All of the Province of Ontario saving and excepting all that part of the Province described in Schedule 2.

O. Reg. 239/13, Sched. 1.

Schedule 2

All that part of the Province of Ontario as shown on the Regulation Plans of Fisheries Management Zones 16, 19 and 20, filed on May 30, 2006 with the Office of the Surveyor General of Ontario in the Ministry of Natural Resources and Forestry and published by the Ministry in the Recreational Fishing Regulations Summary available on a Government of Ontario website;

Together with all that part of the Province of Ontario lying within Regulation Plans of Fisheries Management Zones 12, 17 and 18, filed on May 30, 2006 with the Office of the Surveyor General of Ontario in the Ministry of Natural Resources and Forestry and published by the Ministry in the Recreational Fishing Regulations Summary available on a Government of Ontario website, and lying west, south and east of a line described as follows:

Commencing at a point along the northerly limit of the said Regulation Plan of Fisheries Management Zone 17 where it intersects the easterly limit of the geographic Township of Dummer in the County of Peterborough;

Thence southerly along the easterly limit of the geographic Township of Dummer in the County of Peterborough to the northerly limit of Highway No. 7;

Thence easterly and northeasterly along the northerly limit of Highway No. 7 and its prolongation to the northwesterly limit of Highway No. 417 in the geographic Township of Huntley in the City of Ottawa;

Thence northeasterly along the northwesterly limit of Highway No. 417 to the westerly limit of the road allowance between Lots 15 and 16, Concession 2 on the Ottawa River in the geographic Township of Nepean in the City of Ottawa (being Holly Acres Road);

Thence northwesterly along the westerly limit of the road allowance between Lots 15 and 16, Concession 2 on the Ottawa River in the geographic Township of Nepean in the City of Ottawa and its prolongation to a point on the northeasterly limit of the said Regulation Plan of Fisheries Management Zone 12, said point being on the boundary between the Provinces of Ontario and Quebec in Lac Deschênes on the Ottawa River.

O. Reg. 239/13, Sched. 2; O. Reg. 286/21, s. 8.