O. Reg. 75/19: PROVINCIAL PARKS: GENERAL PROVISIONS

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ontario regulation 75/19

made under the

Provincial Parks and Conservation Reserves Act, 2006

Made: January 31, 2019
Filed: April 29, 2019
Published on e-Laws: April 29, 2019
Printed in The Ontario Gazette: May 18, 2019

Amending O. Reg. 347/07

(PROVINCIAL PARKS: GENERAL PROVISIONS)

1. Section 13 of Ontario Regulation 347/07 is revoked.

2. Section 36 of the Regulation is revoked and the following substituted:

Occupation of Land

Required lease, licence of occupation, etc.

36. No person shall occupy land in a provincial park except under a lease, licence of occupation, land use permit or agreement, or any extension or renewal thereof, or pursuant to a right conferred by a grant of easement.

Non-commercial residential occupation in certain parks

37. (1) No person shall occupy land for non-commercial residential purposes in Algonquin Provincial Park or Rondeau Provincial Park except under a lease or licence of occupation that expires on or before,

(a) December 31, 2038, in the case of Algonquin Provincial Park; or

(b) December 31, 2019, in the case of Rondeau Provincial Park.

(2) A person who occupies land in Algonquin Provincial Park or Rondeau Provincial Park under a lease or licence of occupation, in accordance with subsection (1), shall comply with the terms and conditions of the lease or licence of occupation.

Land use permits in Algonquin Provincial Park

38. (1) This section applies with respect to any cottage lot that exists in Algonquin Provincial Park on April 29, 2019.

(2) In this section,

“boathouse” means a structure with a roof and walls that is built or erected on or over water and that is used primarily for the purpose of storing boats and boat accessories but does not include a dock that is attached to the boathouse; (“hangar à bateaux”)

“boat port” means a roof that is built or erected on or over water, that spans two or more floating platforms, that has no walls and under which boats are parked but does not include a dock that is attached to the boat port; (“port à bateaux”)

“boat shed” means a land structure with a roof and walls that is used primarily for the purpose of storing boats and boat accessories; (“remise à bateaux”)

“cottage lot” means land,

(a) in respect of which a lease or licence of occupation has been issued by the Minister for non-commercial residential purposes in accordance with section 37, and

(b) on which a cottage or cottage-like structure has been built or erected or may be built or erected under the terms of the lease or licence of occupation; (“lot pour chalet”)

“dock” includes a crib dock, a floating dock or a pole dock; (“quai”)

“land structure” means any structure such as a driveway, road, utility pole, water pump shed or sewage system that is or is intended to be placed, built or erected on land not covered by water; (“structure au sol”)

“swim raft” means a floating platform that is not attached to the shore that is or is intended to be placed on or above water, but does not include a water trampoline or an inflatable structure; (“radeau de baignade”)

“water structure” means a dock, boathouse, boat port or swim raft. (“structure sur l’eau”)

(3) The Minister may issue a land use permit under subsection 14 (2.1) of the Act with respect to land in Algonquin Provincial Park if all of the following circumstances exist:

1. The person to whom the permit is issued holds a lease or a licence of occupation for a cottage lot in the park.

2. The permit applies to land outside of the cottage lot that,

i. in the case of a cottage lot other than a cottage lot situated on Source Lake, is near or adjacent to the cottage lot, or

ii. in the case of a cottage lot situated on Source Lake,

A. is near or adjacent to the cottage lot,

B. is near or adjacent to the public access point to the lake, or

C. includes both land that is near or adjacent to the cottage lot and land that is near or adjacent to the public access point to the lake.

3. The permit authorizes the permit holder to occupy the land to which the permit applies for the purpose of placing, building or erecting one or more of the following structures on the land or for the purpose of using any such structures that were built, erected or placed on the land before April 29, 2019:

i. If the permit applies to land near or adjacent to a cottage lot,

A. a water structure that meets the requirements of subsections (4) and (5), or

B. a land structure that meets the requirements of subsection (7).

ii. If the permit applies to land near or adjacent to the public access point on Source Lake, a boat shed, a boathouse or a dock that,

A. was placed, built or erected on the land before April 29, 2019,

B. is used for private non-commercial purposes ancillary to the use or enjoyment of the cottage lot, and

C. in the case of a dock, meets the requirements of subsection (5).

4. Any structure referred to in paragraph 3 shall not include a kitchen or washroom facility or an area intended to be used for sleeping accommodations.

(4) A water structure referred to in sub-subparagraph 3 i A of subsection (3) must meet the following requirements:

1. The water structure must be used for private non-commercial purposes that are necessary or ancillary to the use or enjoyment of the cottage lot.

2. The water structure must be located as close as reasonably possible to the cottage lot and at least a part of the structure must be located within 100 metres of the cottage lot.

3. In the case of a crib dock, boathouse or boat port, it must have been built, erected or placed on or above the land before April 29, 2019.

(5) The total area occupied by all water structures described in subsection (6) that are associated with a cottage lot, when measured together, shall not exceed the following maximum area:

1. If the permit is issued on or before December 31, 2023, 60 square metres.

2. If the permit is issued after December 31, 2023, 30 square metres.

(6) The area occupied by each of the following water structures shall be included when determining the total area of all water structures associated with a cottage lot, whether the water structures are authorized under one or more land use permits:

1. Every water structure located near or adjacent to the cottage lot, other than a boathouse or a boat port.

2. In the case of a cottage lot on Source Lake, every water structure described in paragraph 1 and any dock located near or adjacent to the public access point to the lake.

(7) A land structure referred to in sub-subparagraph 3 i B of subsection (3) must meet the following requirements:

1. The structure must be for private non-commercial purposes that are necessary to support the occupation and use of the cottage lot.

2. The land structure cannot practically or reasonably be placed, built or erected on the cottage lot due to,

i. the topography,

ii. the distance from the cottage lot to the nearest hydro corridor or road, or

iii. legal requirements.

3. In the case of a driveway or a road, the driveway or road must have been built before April 29, 2019.

4. In the case of a sewage system that was placed on the land before April 29, 2019, the sewage system must be,

i. a Class 1, 2 or 4 sewage system described in section 8.1.2 of Ontario Regulation 332/12 (Building Code) made under the Building Code Act, 1992, and

ii. located so as to allow for a water setback of at least 15 metres.

5. In the case of a sewage system that is placed on the land on or after April 29, 2019, the sewage system must be,

i. a Class 1 or 2 sewage system described in section 8.1.2 of Ontario Regulation 332/12, and

ii. located so as to allow for a water setback of at least 30 metres, subject to subsection (8).

6. The structure must not be a boat shed, a tent platform, a shed, a gazebo, a sauna or a hot tub.

(8) A land use permit issued on or after April 29, 2019 may allow a sewage system described in paragraph 5 of subsection (7) to be located so as to allow for a water setback of at least 15 metres if,

(a) the sewage system cannot practically or reasonably be located so as to allow for a water setback of at least 30 metres due to the topography; or

(b) allowing a water setback of at least 15 metres would, in the Minister’s opinion, be less harmful to the environment, to park wildlife or to the ecological integrity of the park.

(9) For the purposes of subsections (7) and (8), a water setback is the distance between the sewage system and the waterfront as measured from,

(a) if the cottage lot is on a lake that is listed in Column 2 of the Table to this subsection, the maximum shoreline water level for the lake set out opposite the lake in Column 3 of the Table; or

(b) if the cottage lot is not on a lake listed in the Table to this subsection, the water’s edge at normal spring high water levels.

Table

 

Column 1 Item	Column 2 Lakes	Column 3 Maximum Shoreline Water Level (metres above sea level)
1.	Canoe Lake	418.2
2.	Tea Lake	418.2
3.	Smoke Lake	418.2
4.	Bonita Lake	418.2
5.	Galeairy Lake	390.0
6.	Joe Lake	422.2
7.	Little Joe Lake	422.2
8.	Cache Lake	429.75
9.	Lake of Two Rivers	393.37

 

(10) A land use permit issued under this section shall expire on the earlier of,

(a) December 31, 2038; or

(b) the day the permit holder ceases to be the holder of the lease or licence of occupation for the cottage lot in respect of which the land use permit was issued.

(11) If a land use permit issued under this section on or before December 31, 2023 authorizes the permit holder to occupy lands for the purpose of placing, building or erecting one or more water structures or for the purpose of using pre-existing water structures, the permit holder shall ensure, as a condition of the permit, that on and after January 1, 2024 the total area occupied by all water structures described in subsection (5) that are associated with the permit holder’s cottage lot, when measured together, does not exceed 30 square metres.

(12) A person who holds a land use permit issued under this section shall comply with the terms and conditions of the permit.

3. Subsection 37 (1) of the Regulation, as made by section 2, is revoked and the following substituted:

(1) No person shall occupy land for non-commercial residential purposes in Algonquin Provincial Park or Rondeau Provincial Park except under a lease or licence of occupation that expires on or before December 31, 2038.

Revocation

4. Subsection 1 (2) and section 4 of Ontario Regulation 386/17 are revoked.

Commencement

5. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 3 comes into force on July 1, 2019.

 

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