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O. Reg. 161/17: OCCUPATION OF PUBLIC LANDS UNDER SECTION 21.1 OF THE ACT

under Public Lands Act, R.S.O. 1990, c. P.43

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current June 1, 2017 (e-Laws currency date)

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Public Lands Act

ONTARIO REGULATION 161/17

OCCUPATION OF PUBLIC LANDS UNDER SECTION 21.1 OF THE ACT

Consolidation Period:  From June 1, 2017 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

Definitions

Definitions

1. In this Regulation,

“accommodation unit” means a single-storey cabin or camping unit and includes a tent platform; (“unité d’hébergement”)

“breakwall” means a structure erected or placed along or near the water’s edge of a lake, river, stream or pond and that protects land from erosion; (“mur anti-érosion”)

“camping unit” means a structure or vehicle that may be used for camping purposes or as an outdoor accommodation and includes a tent, trailer, tent-trailer, recreational vehicle, camper-back and any watercraft equipped for overnight accommodation; (“unité de camping”)

“forest operations” means forest operations as defined in section 3 of the Crown Forest Sustainability Act, 1994; (“opérations forestières”)

“hunting stand” means a tree stand, duck blind, ground blind or ground stand that is used for hunting; (“affût de chasse”)

“ice fishing hut” includes a tent, trailer, tent-trailer, recreational vehicle or camper-back that is used for ice fishing purposes; (“cabane de pêche sur glace”)

“swim raft” means a raft that is placed in water and anchored in place and used for diving and swimming purposes; (“radeau de baignade”)

“trail” includes a trail used for portage purposes; (“sentier”)

“trail shelter” means a cabin or roofed structure intended to provide shelter from the elements for persons using a trail; (“abri de sentier”)

“waterfront property” means a parcel of property 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) an unopened 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”)

“waterfront structure” means a dock, boat ramp, boat lift, boat port or marine railway located along or near the water’s edge of a lake, river, stream or pond, and includes any shade structures such as gazebos, canopies and pergolas that are located on or affixed to a dock. (“structure riveraine”)

Types of Buildings, Structures And Things
That May Be Erected, Placed or Used on Public Lands

Prescribed buildings and shelters

2. The following types of buildings and shelters are prescribed for the purposes of paragraphs 1 and 2 of subsection 21.1 (1) of the Act:

1. A camping unit that is erected, placed or used,

i. for non-commercial camping, subject to the conditions set out in section 5,

ii. to carry out forest operations, subject to the conditions set out in section 6, or

iii. for commercial bait harvesting, subject to the conditions set out in section 7.

2. Accommodation units, and ancillary buildings and structures, that are erected, placed or used for trapping, subject to the conditions set out in section 8.

3. A trail shelter, subject to the conditions set out in section 9.

4. A single-storey boathouse, subject to the conditions set out in section 10.

5. An ice fishing hut, subject to the conditions set out in subsection 11 (1).

Prescribed structures

3. The following types of structures are prescribed for the purposes of paragraphs 1 and 2 of subsection 21.1 (1) of the Act:

1. Hunting stands, subject to the conditions set out in section 12.

2. Waterfront structures, subject to the conditions set out in section 13.

3. Swim rafts, subject to the conditions set out in section 14.

4. Breakwalls, and the related backfill, subject to the conditions set out in section 15.

5. Groynes, subject to the conditions set out in section 16.

6. Bridges, culverts and causeways, subject to the conditions set out in section 17.

Prescribed things

4. The following types of things are prescribed for the purposes of paragraphs 1 and 2 of subsection 21.1 (1) of the Act:

1. Jumps and ramps that are erected, placed or used as part of a water-sport slalom course, subject to the conditions set out in section 18.

2. Boats, including canoes, kayaks and motor boats, subject to the conditions set out in section 19.

3. Heat loops, or water intake pipes, subject to the conditions set out in section 20.

4. Mooring blocks.

Conditions for Occupation - Buildings and other Shelters

Camping units: private use

5. (1) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a camping unit for private, non-commercial purposes only if the following conditions are met:

1. The person erects, places or uses the camping unit solely for non-commercial camping purposes.

2. The person does not occupy the public lands, or any other public lands within 100 metres thereof, for more than 21 days in a calendar year.

3. The public lands that are occupied are not part of a road, trail, parking lot or boat launch. 

(2) This section does not apply to a person who is a non-resident within the meaning of Ontario Regulation 326/94 (Crown Land Camping Permit) made under the Act and who is erecting, placing or using a camping unit for private, non-commercial purposes on public lands in the area described in the Schedule to that Regulation.

Same: forest operations

6. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a camping unit in the course of carrying out forest operations only if the following conditions are met:

1. The forest operations are authorized in a work schedule approved under the Crown Forest Sustainability Act, 1994.

2. The camping unit is necessary in order for the forest operations to be carried out.

3. The public lands that are occupied are not part of a road, trail, parking lot or boat launch. 

Same: commercial bait harvesting

7. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a camping unit in the course of carrying out commercial bait harvesting only if the following conditions are met:

1. The person is either,

i. the holder of a commercial bait licence issued under the Fish and Wildlife Conservation Act, 1997, or

ii. a designate named as such in a commercial bait licence referred to in subparagraph i.

2. The person erects, places or uses the camping unit on public lands solely for the purpose of commercial bait harvesting.

3. The public lands that are occupied are not part of a road, trail, parking lot or boat launch. 

Trapping buildings, etc.

8. (1) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using an accommodation unit or any ancillary building or structure in the course of trapping only if the following conditions are met:

1. The person is the holder of a valid trapping licence issued under the Fish and Wildlife Conservation Act, 1997.

2. The location of the accommodation unit and any ancillary building or structure is within the trapline area specified in the person’s trapping licence.

3. In the trapline area specified in a person’s trapping licence, the person erects, places or uses,

i. no more than one main accommodation unit occupying a maximum of 600 square feet of land located at one site in the trapline area, and

ii. one or more line accommodation units, if any, occupying a maximum of 400 square feet of land each and located at different sites in the trapline area.

4. The ancillary buildings or structures are erected or placed at the site of a main or line accommodation unit and meet the requirements set out in subsection (2).

5. Every accommodation unit has an identification plate provided by the Ministry displayed at all times in a visible location on the outside of the unit.

(2) Only the following ancillary buildings and structures may be erected, placed or used at the site of an accommodation unit:

1. In the case of a main accommodation unit,

i. one building or structure that does not exceed 200 square feet and that may be used only for the purpose of skinning and fur preparation,

ii. one building or structure that does not exceed 200 square feet and that may be used only for the purpose of equipment, fuel and motorized vehicles, and

iii. a privy.

2. In the case of a line accommodation unit,

i. a privy, and

ii. one building or structure that does not exceed 200 square feet.

Trail shelters

9. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a trail shelter only if the following conditions are met:

1. The shelter is erected or placed adjacent to a trail.

2. The shelter does not provide facilities for overnight accommodation and the person does not use the shelter for purposes of overnight accommodation.

3. The shelter is open to the public and available free of charge.

Single-storey boathouses

10. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a single-storey boathouse near or partially on waterfront property only if the following conditions are met:

1. The person owns or occupies the waterfront property.

2. The boathouse is secured or affixed to, or is attached to a dock that is secured or affixed to,

i. the waterfront property, or

ii. the unopened road allowance or the strip of public lands that separates the waterfront property from the lake, river, stream or pond, at a location that, if the sidelines of the waterfront property were extended in a straight line to the water’s edge, lies between those extended sidelines.

3. In the case of a boathouse that is secured or affixed to, or is attached to a dock that is secured or affixed to an unopened road allowance over which the public has a right of passage, the boathouse or dock must be secured or affixed to the unopened road allowance in a manner that does not obstruct or interfere with the right of passage.

4. The boathouse is a single-storey building and the interior of the boathouse is designed and used solely for the purpose of storing and docking boats and related equipment.

5. The person erects, places and uses the boathouse on public lands solely for private, non-commercial purposes.

Ice fishing huts

11. (1) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using an ice fishing hut only if the following conditions are met:

1. The ice fishing hut is located on ice covering a frozen lake, river, stream or pond.

2. The person uses the ice fishing hut solely for the purpose of ice fishing or as an overnight accommodation used while ice fishing.

(2) This section does not apply to a person who is a non-resident within the meaning of Ontario Regulation 326/94 (Crown Land Camping Permit) made under the Act and who is erecting, placing or using an ice fishing hut as an overnight accommodation on public lands in the area described in the Schedule to that Regulation.

Conditions for Occupation - Structures

Hunting stands

12. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a hunting stand only if the following conditions are met:

1. The person erects, places and uses the hunting stand solely for the purposes of hunting.

2. The person does not use the hunting stand for overnight accommodation.

Waterfront structures

13. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a waterfront structure near or partially on waterfront property only if the following conditions are met:

1. The person owns or occupies the waterfront property.

2. The waterfront structure is secured or affixed to, or is attached to a dock that is secured or affixed to,

i. the waterfront property, or

ii. the unopened road allowance or the strip of public lands that separates the waterfront property from the lake, river, stream or pond, at a location that, if the sidelines of the waterfront property were extended in a straight line to the water’s edge, lies between those extended sidelines.

3. In the case of a waterfront structure that is secured or affixed to, or is attached to a dock that is secured or affixed to an unopened road allowance over which the public has a right of passage, the waterfront structure or dock must be secured or affixed to the unopened road allowance in a manner that does not obstruct or interfere with the right of passage.

4. The person does not charge a fee to any other person for use of the waterfront structure.

5. In the case of a waterfront structure that is a shade structure such as a gazebo, canopy or pergola, the structure is not equipped or used for purposes of overnight accommodation.

Swim rafts, etc.

14. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a swim raft near waterfront property only if the following conditions are met:

1. In any given year, the raft shall not be placed in the water before the ice breaks up in the spring and shall be removed from the water before November 1.

2. The person owns or occupies the waterfront property.

Breakwall and related backfill

15. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a breakwall, or of placing or using any related backfill, near or partially on waterfront property, only if the following conditions are met:

1. The person owns or occupies the waterfront property.

2. If the sidelines of the waterfront property were extended in a straight line into the lake, river, stream or pond along which the breakwall is situated, the breakwall and related backfill would be situated within those extended sidelines.

3. The location of the breakwall meets one of the following criteria:

i. It is located along the water’s edge of the lake, river, stream or pond.

ii. It runs parallel to the water’s edge at a distance that is the minimum distance required to protect the waterfront property, or the abutting unopened road allowance or strip of public lands, as the case may be, from erosion.

Groynes

16. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a groyne near or partially on waterfront property only if the following conditions are met:

1. The person owns or occupies the waterfront property.

2. The groyne extends into a lake or river from,

i. the waterfront property, or

ii. the unopened road allowance or the strip of public lands that separates the waterfront property from the lake or river, at a location that, if the sidelines of the waterfront property were extended in a straight line to the water’s edge, lies between those extended sidelines.

Bridges, culverts and causeways

17. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a bridge, culvert or causeway only if one of the following conditions is met:

1. The person is constructing or using a bridge, culvert or causeway as part of forest operations and the construction or use is authorized under a forest management plan approved under the Crown Forest Sustainability Act, 1994.

2. The person is constructing or using a culvert of three metres in width or less for any purpose other than as part of forest operations.

3. The person,

i. is constructing or using a bridge, a culvert that measures more than three metres in width or a causeway for any purpose other than as part of forest operations, and

ii. has entered into an agreement with the Minister or the Minister’s delegate respecting the maintenance of or repairs to the bridge, culvert or causeway or its inspection or decommissioning.

Conditions for Occupation - Things

Jumps and ramps

18. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using jumps and ramps in the water as part of a water-sport slalom course only if, in any given year, the jumps and ramps are placed in the water after the ice breaks up and are removed from the water on or before November 1.

Boats

19. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of placing a boat, whether a canoe, kayak, motor boat or any other kind of boat, only if the following conditions are met:

1. The boat is placed solely for the purpose of storage associated with a non-commercial activity.

2. The public lands on which the boat is placed are adjacent to a waterway. 

3. The public lands that are occupied are not part of a road, trail, parking lot or boat launch. 

4. The public lands are not located in the area depicted as Part I in the map entitled “Plan of the Boundary of the Boat Cache Program Area”, dated May 4, 2017 and available to the public at the Office of the Surveyor General in Peterborough.

Heat loops and water intake pipes

20. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a heat loop or water intake pipes near or partially on waterfront property only if the following conditions are met:

1. The person owns or occupies the waterfront property.

2. The heat loop crosses, or the water intake pipes cross, one of the following locations:

i. Any part of the boundary between the waterfront property and the lake, river, stream or pond in which the heat loop is placed or the water intake pipes are placed.

ii. The unopened road allowance or the strip of public lands that separates the waterfront property from the lake, river, stream or pond, at a location that, if the sidelines of the waterfront property were extended in a straight line to the water’s edge, lies between those extended sidelines.

3. In the case of a heat loop or a water intake pipe that crosses an unopened road allowance over which the public has a right of passage, the heat loop or water intake pipe must be erected or placed in a manner that does not obstruct or interfere with the right of passage.

4. The heat loop is used, or the water intake pipes are used, solely for the purpose of supplying water to buildings situated on the waterfront property that are used in connection with a private residence.

Where Work Permits Required

Where work permit required

21. For greater certainty, the authorization to occupy public lands under section 21.1 of the Act for the purpose of erecting or placing a building, structure or thing on the public lands does not exempt the person so authorized from the obligation of obtaining a work permit under the Act if the erecting or placing of the building, structure or thing is an activity for which a work permit is required under Ontario Regulation 239/13 (Activities on Public Lands and Shore Lands - Work Permits and Exemptions) made under the Act.

Exclusion of Public Lands under Subsection 21.1 (5) of the Act

Public land excluded

22. For the purposes of clause 21.1 (5) (d) of the Act, section 21.1 does not apply to public lands if any of the following conditions apply:

1. The public lands are located in the Far North, as that term is defined in section 2 of the Far North Act, 2010, and,

i. they are subject to a community based land use plan prepared and approved under that Act, and

ii. the purpose for which the person wishes to occupy the public lands is not consistent with the community based land use plan.

2. The person wishes to enter the public lands for a particular purpose and entry on the public lands for that purpose is prohibited under the Trespass to Property Act.

3. 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.

Limitation on Extent of Occupation

Additional lands

23. For the purposes of clause 21.1 (6) (b) of the Act, the amount of public lands that may be occupied by a person under section 21.1 of the Act in the course of erecting or placing a building, structure or thing on public lands is no more than the minimum amount of public lands that is required to be occupied for that purpose.

Notice to Vacate Public Lands

Manner of giving notice

24. For the purposes of subsection 21.1 (10) of the Act, the Minister shall give notice,

(a) by posting the notice on the building, structure or thing in a visible location;

(b) by personal delivery; or

(c) by registered mail.

25. Omitted (provides for coming into force of provisions of this Regulation).

 

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