O. Reg. 123/26: OCCUPATION OF PUBLIC LANDS UNDER SECTION 21.1 OF THE ACT"

O. Reg. 123/26: OCCUPATION OF PUBLIC LANDS UNDER SECTION 21.1 OF THE ACT, PUBLIC LANDS ACT

ontario regulation 123/26

made under the

Public Lands Act

Made: April 30, 2026
Filed: April 30, 2026
Published on e-Laws: April 30, 2026
Published in The Ontario Gazette: May 16, 2026

Amending O. Reg. 161/17

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

1. Section 1 of Ontario Regulation 161/17 is amended by adding the following definitions:

“environmental monitoring equipment” means any device or apparatus usable for the purpose of investigating, researching or monitoring air, water, flora or fauna, and includes any ancillary equipment, structures or fencing solely required for, and is no more than the minimum required for, the protection, safe use or proper functioning of any such device or apparatus, but does not include mobile wind testing equipment, equipment or structures over 10 metres in height measured from the ground, habitable structures, environmental monitoring equipment used for the exploration or production of hydrogen or helium or used for any activity regulated under the Geologic Carbon Storage Act, 2025, under the Oil, Gas and Salt Resources Act or under Part IV of the Mining Act; (“équipement de surveillance de l’environnement”)

“mobile wind testing equipment” means a portable device, apparatus or vehicle usable for the purpose of assessing wind resource potential or collecting other atmospheric data, and includes portable light or sound detection and ranging devices, as well as any ancillary equipment, structures or fencing solely required for, and is no more than the minimum required for, the protection, safe use or proper functioning of any such device, apparatus or vehicle, but does not include environmental monitoring equipment, equipment or structures over 10 metres in height measured from the ground or habitable structures; (“équipement mobile d’essais éoliens”)

“short-term bridge” means a temporary bridge useable for the purpose of natural resource development; (“pont temporaire”)

2. The Regulation is amended by adding the following section:

No occupation except in accordance with Act and Regulation

1.1 (1) No person shall occupy public lands under section 21.1 of the Act except in accordance with that section and this Regulation.

(2) Subsection (1) does not prohibit a person from acting under the authority of and in accordance with the terms and conditions of an instrument that is granted under the Act and authorizes an occupation that would otherwise be prohibited by subsection (1).

3. (1) Paragraph 6 of section 3 of the Regulation is amended by striking out “Bridges” at the beginning.

(2) Section 3 of the Regulation is amended by adding the following paragraph:

7. Bridges and short-term bridges, subject to the conditions set out in section 17.1.

4. Section 4 of the Regulation is amended by adding the following paragraphs:

6. Mobile wind testing equipment, subject to the conditions set out in section 20.1.

7. Environmental monitoring equipment, subject to the conditions set out in section 20.2.

5. Section 17 of the Regulation is revoked and the following substituted:

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 culvert or causeway only if one of the following conditions is met:

1. The person is constructing or using a 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 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 under the Act respecting the maintenance of or repairs to the culvert or causeway or its inspection or decommissioning.

Bridges

17.1 (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 bridge only if one of the following conditions are met:

1. The person is constructing or using a bridge 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,

i. is constructing or using a bridge for any purpose other than as part of forest operations, and

ii. has entered into an agreement with the Minister under the Act respecting the maintenance of or repairs to the bridge or its inspection or decommissioning.

(2) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a short-term bridge, if the following conditions are met:

1. The person shall, in accordance with section 26, submit for registration the geographic point of the location of the public lands to be occupied by the short-term bridge and submit to the Ministry all information required under subsection 26 (4).

2. The person shall not commence any work related to the occupation 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. If the public lands to be occupied are subject to an energy procurement contract entered into by the Independent Electricity System Operator, the person satisfies 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 occupation is that person.

4. If the public lands to be occupied are in an area for which the Ministry has recognized a person’s exclusive eligibility to apply for authorizations related to waterpower or onshore wind development, the person satisfies the Ministry that they have the consent of the person with exclusive eligibility, unless the person proposing the occupation is that person.

5. Prior to the submission of the geographic point for registration as described in paragraph 1, the person shall ensure that the following is prepared:

i. bridge design drawings sealed and signed by a professional engineer licensed under the Professional Engineers Act, and

ii. dated photographs of the location where the short-term bridge will be constructed.

6. The documentation required to be prepared under paragraph 5 shall be retained for a period of no less than one year following the date of termination of the occupation by the person and be made available to the Ministry upon request.

7. The occupation shall not exceed a period of two years and 10 days starting on the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry as described under paragraph 2.

8. The short-term bridge is,

i. designed by a professional engineer, licensed under the Professional Engineers Act to,

A. span any watercourse channel with no disturbance or in-filling below the high-water mark or to span any other valley feature with no disturbance below the top of bank,

B. have sufficient height to safely pass the 25-year flood which is a flood event that has a 4% probability of being equalled or exceeded in any single year,

C. maintain a minimum freeboard of 0.5 m, which is an area measured vertically between the lowest part of the short-term bridge’s soffit and the design flood flow water elevation of the 25-year flood, and

D. meet any applicable safety requirements and be safe for use for the duration of the occupation,

ii. constructed in accordance with the design specifications set out in subparagraph i,

iii. inspected and evaluated as safe for use by a professional engineer, licensed under the Professional Engineers Act, immediately after its construction, and

iv. is kept in a state of good repair and maintained by the person for continued safe usage for the duration of the occupation.

9. Within 10 days of the completion of the construction of the short-term bridge, the person shall ensure that the following is prepared:

i. dated photographs of the short-term bridge as constructed,

ii. a written report sealed and signed by a professional engineer, licensed under the Professional Engineers Act, that confirms that the conditions in subparagraphs 8 i to iii have been satisfied and that the short-term bridge is safe for use for the duration of the occupation,

iii. a decommissioning plan sealed and signed by a professional engineer, licensed under the Professional Engineers Act that sets out:

A. the steps for removal of the short-term bridge in a manner that ensures public safety and considers how the removal of the short-term bridge will impact any roads or access points,

B. the steps for restoring the lands to a clean and safe condition, and to the extent possible, to the condition the lands were in prior to the erection or placement of the short-term bridge,

C. the signage to be installed in relation to the removal of the short-term bridge, and

iv. any updates to the decommissioning plan, sealed and signed by a professional engineer licensed under the Professional Engineers Act, necessary as a result of any new roads or access points being constructed after the short-term bridge is constructed.

10. The documentation required to be prepared under paragraph 9 shall be retained for a period of no less than one year following the date of termination of the occupation by the person and be made available to the Ministry upon request.

11. After 13 months following the completion of the erection or placement of the short-term bridge, the person shall ensure that a written report, sealed and signed by a professional engineer licensed under the Professional Engineers Act, is prepared that confirms that, after at least one year of use, the short-term bridge has been inspected and evaluated as safe for continued use.

12. The report required to be prepared under paragraph 11 shall be retained for a period of no less than one year following the date of termination of the occupation by the person and be made available to the Ministry upon request.

13. During the period of the occupation, the person shall post signage,

i. indicating that the bridge is a temporary short-term bridge and the targeted date of its removal, which shall be consistent with the date of termination of the occupation and, if there is a change to that date, made in accordance with this Regulation, the sign shall be updated promptly to reflect the change, and

ii. in the following circumstances, indicating that the short-term bridge is not available for use,

A. before the short-term bridge is inspected and evaluated as safe under subparagraph 8 iii,

B. if the inspection and evaluation required under subparagraph 8 iii are not completed or if the short-term bridge is inspected and found to be unsafe for continued use,

C. if the short-term bridge becomes unsafe for use at any point during the period of time described in paragraph 7.

14. If the short-term bridge becomes unsafe for use at any point during the period of time described in paragraph 7, the person shall immediately notify the Ministry by email at an address identified for the purposes of such a notice on a website of the Government of Ontario and provide details of how the person will address the unsafe condition, post the necessary signage or remove the short-term bridge.

15. In the course of the erection, placement and decommissioning of the short-term bridge and restoration of the occupied public lands,

i. no watercourse shall be realigned,

ii. no bed or banks below the high-water mark of any watercourse or lands below the top of bank of a valley feature spanned by the short-term bridge shall be dredged, filled, graded or excavated,

iii. no blasting or pile driving shall occur,

iv. only clean and non-erodible materials are used and, if concrete is used, only pre-cast concrete is used,

v. erosion and sediment controls shall be put in place for the erection, placement and decommissioning of the short-term bridge and for restoration of the occupied public lands, and

vi. any machinery with tracks or wheels is operated above the high-water mark or on ice in a manner that does not disturb any vegetation below the high-water mark of any watercourse or below the top of bank of a valley feature or in a manner that minimally disturbs any vegetation above the high-water mark of any watercourse or the top of bank of a valley feature.

16. The short-term bridge shall not be constructed on top of an existing bridge, or to supplement any part of an existing bridge.

17. If the occupation of the public lands by the short-term bridge is to end on a date before the termination date submitted under subsection 26 (4), the person shall notify the Ministry by email at an address identified for the purposes of such a notice on a website of the Government of Ontario, at least 30 days in advance, of the new termination date of the occupation.

18. The person shall remove the short-term bridge in accordance with the decommissioning plan prepared under paragraph 9 and the termination date submitted under subsection 26 (4) or, if applicable, the new termination date of the occupation set out in a notice to the Ministry under paragraph 17, unless,

i. a document has been issued under the Act that authorizes the person to occupy the public lands for the purposes of the continued use of the bridge that was previously authorized as a short-term bridge, or

ii. the requirements of subsection (1) have been satisfied.

19. Within 10 days after the implementation of the decommissioning plan, the person shall ensure that a report is prepared that describes and contains photographs documenting the work done to implement the decommissioning plan, including the restoration of the lands where the short-term bridge was constructed, the installation of any barriers or signs and any other steps that were taken.

20. The report required to be prepared under paragraph 19 shall be retained for a period of no less than one year following the date of termination of the occupation by the person and be made available to the Ministry upon request.

21. Within 15 days of the date of termination of the occupation, the person shall, in accordance with section 26, submit to the Ministry all things required to be prepared and retained under this subsection.

(3) No person is authorized under subsection (2) to construct a short-term bridge at a geographic point if there was a prior registration of a geographic point for the same short-term bridge.

6. The Regulation is amended by adding the following sections:

Mobile wind testing equipment

20.1 (1) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using mobile wind testing equipment only if the following conditions are met:

1. The person shall, in accordance with section 26, submit for registration the geographic point of the location of the public lands to be occupied by the mobile wind testing equipment and submit to the Ministry all the information required under subsection 26 (4).

5. The occupation shall not exceed a period of three years and 10 days starting on the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry under paragraph 2.

6. The area of public lands occupied is not within 15 metres of another area of public lands occupied for the purpose of erecting, placing or using mobile wind testing equipment.

7. The area of the public lands occupied does not exceed a single area of 200 square metres around the geographic point.

8. The mobile wind testing equipment is not stored on public lands when not in use.

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

10. If the occupation of the public lands by the mobile wind testing equipment is to end on a date before the termination date submitted under subsection 26 (4), the person shall notify the Ministry by email at an address identified for the purposes of such a notice on a website of the Government of Ontario, at least 10 days in advance, of the new termination date of the occupation.

(2) No person is authorized under this section to use mobile wind testing equipment other than the person that has erected or placed the mobile wind testing equipment under this section.

Environmental monitoring equipment

20.2 (1) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using environmental monitoring equipment only if the following conditions are met:

1. The person shall, in accordance with section 26, submit for registration the geographic point of the location of the public lands to be occupied by the environmental monitoring equipment and submit to the Ministry all the information required under subsection 26 (4), as well as a description of the equipment and any ancillary equipment, structure or fencing to be erected or placed.

6. The area of public lands occupied shall not exceed a single area of 100 square metres around the registered geographic point.

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

8. The environmental monitoring equipment shall not be stored on public lands when not in use.

9. In the case of environment monitoring equipment that is a well,

i. all applicable requirements in Regulation 903 of the Revised Regulations of Ontario, 1990 (WELLS) made under the Ontario Water Resources Act are satisfied,

ii. any borehole for a well does not exceed an outside diameter of 122.6 millimetres, and

iii. in the case of dry land drilling for a well, all drilling fluids and cuttings are left in the area described in paragraph 6 and are left more than 30 metres away from any water body.

10. If the occupation of the public lands by the environmental monitoring equipment is to end on a date before the termination date submitted under subsection 26 (4), the person shall notify the Ministry by email at an address identified for the purposes of such a notice on a website of the Government of Ontario, at least 10 days in advance, of the new termination date of the occupation.

(2) No additional authorization under the Act or any regulation under the Act is required for any sealed well, including the casing, that was erected, placed or used in accordance with this Regulation to remain on the public lands.

(3) No person is authorized under this section to place a well at the location of an existing well or sealed well.

(4) No person is authorized under this section to use environmental monitoring equipment other than the person that has erected or placed the environmental monitoring equipment under this section.

7. The Regulation is amended by adding the following section:

Archaeological Artifacts

Discovery of archaeological artifacts or human remains

20.3 (1) If an artifact is discovered while work is being carried out in relation to an occupation referred to in this Regulation on public lands, the person 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 a notice on a website of the Government of Ontario.

(2) If any human remains are discovered while work is being carried out in relation to an occupation on public lands, the person shall ensure all work ceases immediately and that the police or coroner is notified under the Funeral, Burial and Cremation Services Act, 2002.

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

5. The public lands are an archaeological site in the Ontario Archaeological Sites Database maintained by the Ministry of Citizenship and Multiculturalism, an area where an artifact has been discovered and archaeological fieldwork has not been completed or an area where there is a burial site or where human remains have been discovered.

9. The Regulation is amended by adding the following section immediately after the heading “Notice to Vacate Public Lands”:

Date of beginning of occupation

23.1 An occupation under subsection 17.1 (2) or sections 20.1 or 20.2 is deemed to have begun on the date of the confirmation from the Ministry to the person proposing the occupation indicating that the geographic point and the required information have been received by the Ministry and, for the purposes of subsection 21.1 (8) of the Act, a notice to vacate may be given at any time on or after that day.

10. Section 24 of the Regulation is amended by striking out “or” at the end of clause (b), by adding “or” at the end of clause (c) and by adding the following clause:

(d) by email.

11. The Regulation is amended by adding the following section:

Culverts, Causeways, Bridges and Short-term Bridges

Decommissioning, right of passage

24.1 For greater certainty, the implementation of any decommissioning requirements under this Regulation applicable to culverts, causeways, bridges and short-term bridges has the effect of removing any common law right of passage of the public over the culvert, causeway, bridge, or short-term bridge.

12. The Regulation is amended by striking out the heading preceding section 25 and substituting the following:

Waterfront Property

13. The Regulation is amended by adding the following sections:

Registration and Submission Requirements

Registration

26. (1) This section applies to a person required to submit for registration a geographic point or submit any other thing under this Regulation.

(2) No person may submit for registration under this Regulation a geographic point in the areas around a registered geographic point described in paragraph 7 of section 20.1 or in paragraph 6 of section 20.2, unless the person submitting the registration is the person that received the confirmation from the Ministry with respect to a registered geographic point.

(3) Any geographic point required to be submitted for registration and 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.

(4) 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 occupation.

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 the proposed occupation.

(5) A person to whom this section applies shall ensure that the information they provide is complete, accurate and readable.

(6) Any person who provides false or misleading information, including in documentation requested by the Ministry, is deemed not to have satisfied the requirements to which the information relates under this Regulation.

(7) If the Ministry becomes aware of a clerical, grammatical or typographical error in any information that has been registered, the Ministry may correct the error in the registered information.

(8) The Ministry shall make geographic points registered under this Regulation available to the public and may remove registered geographic points after the termination of the occupation.

Restoration and Decommissioning of Occupied Public Lands

Duty to restore occupied public lands

27. If a person erected or placed a building, structure or thing under this Regulation and is no longer using or is no longer authorized to use the building, structure or thing, the person shall,

(a) restore the lands to a clean and safe condition, and to the extent possible, to the condition the lands were in prior to the occupation; and

(b) remove and decommission the building, structure or thing in accordance with this Regulation or any other applicable laws.

Commencement

14. This Regulation comes into force on the later of May 1, 2026 and the day this Regulation is filed.