O. Reg. 453/19: OCCUPATION OF PUBLIC LANDS UNDER SECTION 21.1 OF THE ACT

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ontario regulation 453/19

made under the

Public Lands Act

Made: December 12, 2019
Filed: December 19, 2019
Published on e-Laws: December 20, 2019
Printed in The Ontario Gazette: January 4, 2020

Amending O. Reg. 161/17

(OCCUPATION OF PUBLIC LANDS UNDER SECTION 21.1 OF THE ACT)

1. Subclause (b) (i) of the definition of “waterfront property” in section 1 of Ontario Regulation 161/17 is revoked and the following substituted:

(i) a road allowance, or

2. (1) Subparagraph 2 ii of section 10 of the Regulation is amended by striking out “unopened road allowance” and substituting “road allowance”.

(2) Paragraph 3 of section 10 of the Regulation is revoked and the following substituted:

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 a road allowance:

i. The boathouse or dock may obstruct the entire road allowance where the road allowance is not used for public travel by pedestrians or vehicles.

ii. The boathouse or dock must be located at least two metres from the edge of the travelled portion of the road allowance if the road allowance is used for public travel by pedestrians or vehicles.

3. (1) Subparagraph 2 ii of section 13 of the Regulation is amended by striking out “unopened road allowance” and substituting “road allowance”.

(2) Paragraph 3 of section 13 of the Regulation is revoked and the following substituted:

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 a road allowance:

i. The waterfront structure or dock may obstruct the entire road allowance where the road allowance is not used for public travel by pedestrians or vehicles.

ii. The waterfront structure or dock must be located at least two metres from the edge of the travelled portion of the road allowance if the road allowance is used for public travel by pedestrians or vehicles.

4. Subparagraph 3 ii of section 15 of the Regulation is amended by striking out “unopened road allowance” and substituting “road allowance”.

5. Subparagraph 2 ii of section 16 of the Regulation is amended by striking out “unopened road allowance” and substituting “road allowance”.

6. (1) Subparagraph 2 ii of section 20 of the Regulation is amended by striking out “unopened road allowance” and substituting “road allowance”.

(2) Paragraph 3 of section 20 of the Regulation is revoked and the following substituted:

3. In the case of a heat loop or a water intake pipe that crosses a road allowance:

i. The heat loop or water intake pipe may obstruct the entire road allowance where the road allowance is not used for public travel by pedestrians or vehicles.

ii. The heat loop or water intake pipe must be erected or placed in a manner that does not obstruct the travelled portion of the road allowance if the road allowance is used for public travel by pedestrians or vehicles.

7. Section 22 of the Regulation is amended by adding the following paragraph:

4. The public lands are a road allowance and a road authority other than the Ministry has authority in respect of the lands and has not consented to their occupation.

8. Section 25 of the Regulation is revoked and the following substituted:

Licences of Occupation, etc.

Licences of occupation, etc.

25. A requirement under paragraph 1 of section 10, 13, 15, 16 or 20 or paragraph 2 of section 14 that a person own or occupy a waterfront property is sufficiently met if,

(a) the person holds a lease under the Act for the waterfront property; or

(b) the person occupies the waterfront property under a licence of occupation or land use permit obtained under the Act.

Commencement

9. This Regulation comes into force on the later of January 1, 2020 and the day it is filed.

 

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