O. Reg. 160/17: ACTIVITIES ON PUBLIC LANDS AND SHORE LANDS - WORK PERMITS AND EXEMPTIONS

 

ontario regulation 160/17

made under the

Public Lands Act

Made: May 31, 2017
Filed: June 1, 2017
Published on e-Laws: June 1, 2017
Printed in The Ontario Gazette: June 17, 2017

Amending O. Reg. 239/13

(ACTIVITIES ON PUBLIC LANDS AND SHORE LANDS - WORK PERMITS AND EXEMPTIONS)

1. The definition of “waterfront property” in subsection 1 (1) of Ontario Regulation 239/13 is revoked and the following substituted:

“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) 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;

2. (1) Paragraph 6 of subsection 2 (1) of the Regulation is revoked and the following substituted:

6. Construct or place a structure or a combination of structures that is in physical contact with more than 15 square metres of shore lands.

(2) Section 2 of the Regulation is amended by adding the following subsection:

(3) For greater certainty, for the purposes of paragraph 6 of subsection (1), a structure or part of a structure floating on water above shore lands is not in physical contact with the shore lands.

3. Paragraphs 2 and 4 of subsection 4 (2) of the Regulation are revoked and the following substituted:

2. Grading of existing trails or roads.

. . . . .

4. Gravelling of existing trails or roads.

4.  Paragraph 1 of subsection 6 (2) of the Regulation is revoked and the following substituted:

1. The person is 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 an unopened road allowance or a strip of public lands.

5. Paragraph 1 of subsection 7 (2) of the Regulation is revoked and the following substituted:

1. The person is 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 an unopened road allowance or a strip of public lands.

6. (1) Subsection 8 (1) of the Regulation is amended by striking out “under paragraph 4” and substituting “under paragraph 4 or 6”.

(2) Paragraph 1 of subsection 8 (3) of the Regulation is revoked and the following substituted:

1. The person is 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 an unopened road allowance or a strip of public lands.

7. Paragraph 1 of subsection 9 (2) of the Regulation is revoked and the following substituted:

1. The person is 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 an unopened road allowance or a strip of public lands.

8. (1) Paragraph 1 of subsection 10 (2) of the Regulation is revoked and the following substituted:

1. The person is 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 an unopened road allowance or a strip of public lands.

(2) Section 10 of the Regulation is amended by adding the following subsection:

(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 unopened road allowance or the strip of public lands, as the case may be, within the straight line production of the sidelines of the parcel.

Commencement

9. This Regulation comes into force on the day it is filed.