ontario regulation 124/26

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. 239/13

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

1. (1) The definition of “dredge” in subsection 1 (1) of Ontario Regulation 239/13 is amended by striking out “from any shore lands”.

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“geotechnical investigation” means drilling or excavating in soil or bedrock for the purpose of determining suitability of public lands for the erection, placement or construction of buildings, structures or things, but does not include exploring for or producing hydrogen or helium or any activity regulated under the Geologic Carbon Storage Act, 2025, the Oil, Gas and Salt Resources Act or Part IV of the Mining Act; (“études géotechniques”)

(3) The definition of “in-water work related to an activity” in subsection 1 (1) of the Regulation is revoked.

(4) The definition of “shore lands” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“shore lands” means any lands that are below the high-water mark of a lake, river, stream or pond established by natural or artificial means or below the maximum regulated contour, whichever is highest; (“terres riveraines”)

(5) The definition of “water crossing” in subsection 1 (1) of the Regulation is revoked.

(6) Section 1 of the Regulation is amended by adding the following subsection:

(1.1) For greater certainty, the definition of “shore lands” in subsection (1) does not include lands that are,

(a)  inundated by water only as a result of the spring freshet, an extreme flooding event or both; or

(b)  under the administration and control of the Crown in right of Canada.

2. (1) Paragraphs 2 to 6 of subsection 2 (1) of the Regulation are revoked and the following substituted:

2.  Construct a trail, bridge, culvert, causeway or road on public lands.

3.  Dredge shore lands, where the dredging is taking place on or in close proximity to,

i.  public lands, or

ii.  shore lands that, if inundated, would be public lands.

4.  Fill shore lands, where the filling is taking place on or in close proximity to,

i.  public lands, or

ii.  shore lands that, if inundated, would be public lands.

5.  Remove invasive aquatic vegetation or native aquatic vegetation by mechanical means or by hand from shore lands, where the removal is taking place on or in close proximity to,

i.  public lands, or

ii.  shore lands that, if inundated, would be public lands.

6.  Construct or place a structure or a combination of structures that are in physical contact with more than 15 square metres of shore lands, where the construction or placement is taking place on or in close proximity to,

i.  public lands, or

ii.  shore lands that, if inundated, would be public lands.

7.  Conduct geotechnical investigations on lands that are public lands or shore lands that, if inundated, would be public lands.

(2) The English version of subsection 2 (3) of the Regulation is amended by striking out “above” and substituting “over”.

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

Non-application of prohibition under s. 2

3.1 The prohibition under section 2 does not apply with respect to activities related to the occupation of public lands under subsection 17.1 (2) or section 20.1 or 20.2 of Ontario Regulation 161/17 (Occupation of Public Lands under Section 21.1 of the Act) made under the Act where such activities,

(a)  would otherwise be prohibited except if carried out under the authority of and in accordance with the terms and conditions of a work permit; and

(b)  are carried out in accordance with section 21.1 of the Act and subsection 17.1 (2) or section 20.1 or 20.2 of Ontario Regulation 161/17.

4. (1) Subsection 4 (1) of the Regulation is revoked and the following substituted:

Non-application of prohibition under par. 2 of s. 2 (1)

(1) The prohibition under paragraph 2 of subsection 2 (1) does not apply with respect to a trail, bridge, culvert, causeway or road that has been authorized under a forest management plan under the Crown Forest Sustainability Act, 1994 or constructed as part of a forest operation to which that Act applies.

(2) Subsection 4 (2) of the Regulation is amended by,

(a)  striking out “water crossing” in the portion before paragraph 1 and substituting “bridge, culvert, causeway”; and

(b)  striking out “Water crossing cleaning” at the beginning of paragraph 1 and substituting “Cleaning of bridges, culverts or causeways”.

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

Discovery of artifact

4.1 If an artifact is discovered while work is being carried out in relation to an activity referred to in this Regulation on public lands, the person carrying out the activity 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 notice on a Government of Ontario website.

Discovery of human remains

4.2 If any human remains are discovered while work is being carried out in relation to an activity referred to in this Regulation, the person carrying out the activity shall ensure all work ceases immediately and that the police or coroner are notified under the Funeral, Burial and Cremation Services Act, 2002.

6. The Regulation is amended by adding the following section immediately after the heading “Exemptions from Requirement to Obtain a Work Permit”:

Non-application — exemptions from requirement to obtain work permit

4.3 (1) Despite any exemption from a requirement to obtain a work permit under this Regulation in respect of an activity with respect to which registration is required in accordance with section 10.2, the Minister may provide written notice to a person proposing the activity, together with reasons, any time on or after the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry stating that the exemption does not apply if any of the following apply:

1.  An artifact or human remains are discovered at the location of the work related to the activity.

2.  In the opinion of the Minister, the work related to the activity is not in the public interest or is likely to create a threat to public safety or to a natural resource including public lands, waters and watercourses, forests, flora, wildlife and fisheries.

3.  Carrying out the work related to the activity is contrary to law.

(2) A notice referred to in subsection (1) shall take effect on the date specified in the notice.

(3) An exemption from a requirement to obtain a work permit under this Regulation in respect of an activity with respect to public lands does not apply if any of the following apply:

1.  The public lands are in the possession of, or occupied by, a person other than the person carrying out the activity and that possession or occupation is authorized under the Act.

2.  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.

3.  The public lands are subject to a land use plan described in section 12.2 of the Act or to a community based land use plan under the Far North Act, 2010 and the activity is not consistent with such plan.

4.  The Ministry has given notice under clause 28 (1) (a) of the Act in respect of the public lands and the activity is not consistent with the notice.

5.  Entry on the public lands is prohibited under the Trespass to Property Act for all purposes or for the purposes of the activity.

6.  The public lands are a road allowance and a road authority other than the Ministry has authority over the road allowance and has not consented to the activity.

7.  The public lands are,

i.  an archaeological site in the Ontario Archaeological Sites Database maintained by the Ministry of Citizenship and Multiculturalism,

ii.  an area where an artifact has been discovered and archaeological fieldwork has not been completed, or

iii.  an area where there is a burial site or where human remains have been discovered.

7. (1) Paragraph 1 of subsection 5 (2) of the Regulation is amended by striking out “person is” and substituting “person must be”.

(2) Paragraphs 3, 3.1 and 4 of subsection 5 (2) of the Regulation are revoked and the following substituted:

3.  Before the commencement of the construction or placement of the building or buildings, the person must, in accordance with section 10.2, submit for registration the geographic point of each building and submit to the Ministry all the information required under subsection 10.2 (3).

4.  The person must not commence the construction or placement of the building or buildings 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) Subsections 5 (3) to (6) of the Regulation are revoked.

8. (1) Paragraph 1 of subsection 6 (2) of the Regulation is amended by striking out “person is” in the portion before subparagraph i and substituting “person must be”.

(2) Paragraph 2 of subsection 6 (2) of the Regulation is amended by striking out “person carried out” and substituting “person must have carried out”.

(3) Paragraph 3 of subsection 6 (2) of the Regulation is amended by striking out “dredging is” in the portion before subparagraph i and substituting “dredging must be”.

(4) Paragraph 4 of subsection 6 (2) of the Regulation is amended by striking out “person carries out” in the portion before subparagraph i and substituting “person must carry out”.

9. (1) Subsection 7 (1) of the Regulation is revoked and the following substituted:

Relocating rocks on shore lands

(1) A person is not required under paragraph 3 of subsection 2 (1) to obtain a work permit if the dredging is limited to relocating rocks and the person complies with the requirements set out in subsection (2).

(2) Paragraph 1 of subsection 7 (2) of the Regulation is amended by striking out “person is” in the portion before subparagraph i and substituting “person must be”.

(3) Paragraph 2 of subsection 7 (2) of the Regulation is amended by striking out “person carries out” in the portion before subparagraph i and substituting “person must carry out”.

10. (1) Subsection 8 (2) of the Regulation is amended by,

(a)  striking out “or parts of shore lands”; and

(b)  striking out “or parts of the shore lands”.

(2) Paragraph 1 of subsection 8 (3) of the Regulation is amended by striking out “is the owner” in the portion before subparagraph i and substituting “must be the owner”.

(3) Paragraphs 2, 2.1 and 3 of subsection 8 (3) of the Regulation are revoked and the following substituted:

2.  Before the commencement of the maintenance, repair or replacement of the erosion control structure, the person must, in accordance with section 10.2, submit for registration the geographic point of the erosion control structure and submit to the Ministry all the information required under subsection 10.2 (3).

3.  The person must not commence the maintenance, repair or replacement of the erosion control structure until they receive confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry.

(4) Paragraph 4 of subsection 8 (3) of the Regulation is amended by striking out “carries out” in the portion before subparagraph i and substituting “must carry out”.

(5) Subsections 8 (4) to (7) of the Regulation are revoked.

11. (1) Paragraph 1 of subsection 9 (2) of the Regulation is amended by striking out “person is” in the portion before subparagraph i and substituting “person must be”.

(2) Paragraph 2 of subsection 9 (2) of the Regulation is amended by striking out “person carries out” in the portion before subparagraph i and substituting “person must carry out”.

12. (1) Paragraph 1 of subsection 10 (2) of the Regulation is amended by striking out “person is” in the portion before subparagraph i and substituting “person must be”.

(2) Paragraph 2 of subsection 10 (2) of the Regulation is amended by striking out “person carries out” in the portion before subparagraph i and substituting “person must carry out”.

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

Geotechnical investigations

10.1 (1) A person is not required under paragraph 7 of subsection 2 (1) to obtain a work permit to conduct geotechnical investigations by excavating a test pit or trench or drilling boreholes if the person complies with the requirements set out in subsection (2).

(2) The requirements referred to in subsection (1) are the following:

1.  Before the commencement of any work related to geotechnical investigations, the person must,

i.  submit for registration, in accordance with section 10.2, the geographic point of the location of the geotechnical investigations,

ii.  submit all information required under subsection 10.2 (3), and

iii.  submit information regarding whether a test pit or trench will be excavated and the number of boreholes that will be drilled.

2.  The person must not commence any work related to geotechnical investigations 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.  The person must ensure that, for each registered geographic point,

i.  there is no more than one test pit or trench excavated, which is located within a 10 metre radius of the geographic point referred to in paragraph 1, and

ii.  there are no more than 10 boreholes drilled, which are located within a 100 metre radius of the geographic point referred to in paragraph 1.

4.  No person may submit for registration a geographic point in the areas described in paragraph 3 unless the person submitting the registration is the person that received the confirmation from the Ministry under paragraph 2.

5.  The person must ensure that all work within the areas described in paragraph 3 is completed no later than 40 days after the date of the confirmation from the Ministry referred to in paragraph 2.

6.  The person must ensure that,

i.  any test pit or trench does not exceed 15 square metres in area,

ii.  any test pit or trench is backfilled with only the excavated material before the equipment used to excavate the test pit or trench is removed from the location of the test pit or trench,

iii.  any borehole does not exceed an outside diameter of 122.6 millimetres, and

iv.  any borehole is plugged and sealed before the equipment used to drill the borehole is removed from the location of the borehole.

7.  The person must ensure that all geotechnical investigations are overseen by a professional geoscientist within the meaning of the Professional Geoscientists Act, 2000 or a professional engineer licensed under the Professional Engineers Act.

8.  If the geotechnical investigations are proposed to be carried out on public lands that are subject to an energy procurement contract entered into by the Independent Electricity System Operator, the person must satisfy 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 activity is that person.

9.  If the geotechnical investigations are proposed to be carried out on public lands and the Ministry has recognized a person’s exclusive eligibility to apply for authorizations related to waterpower or onshore wind development with respect to those lands, the person must satisfy the Ministry that they have the consent of the person with exclusive eligibility, unless the person proposing the activity is that person.

10.  In the case of work related to drilling any borehole on dry land, the person must ensure that,

i.  all drilling fluids and cuttings are left in the area described in subparagraph 3 ii and are left more than 30 metres away from any water body, and

ii.  where drill core is left in the area described in subparagraph 3 ii, it is cross-piled in an orderly manner to a height that does not exceed 1.5 metres and is left more than 30 metres away from any water body.

11.  In the case of in-water work related to drilling any borehole, the person must ensure that,

i.  wheeled or tracked machinery or equipment is operated from dry land, on ice or from a barge or vessel,

ii.  sediment controls are installed before any in-water work commences, maintained for the duration of the in-water work and not removed until any affected public lands are stabilized,

iii.  only water-based drilling fluid is used, and

iv.  the work is limited to timing windows that are not restricted under the In-water Work Timing Window Guidelines.

Registration and Submission Requirements

Registration and submission requirements

10.2 (1) This section applies to a person required to submit,

(a)  a geographic point for registration; or

(b)  any other thing under this Regulation.

(2) Any geographic point required to be submitted for registration or 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.

(3) 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 activity.

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 any work in relation to the proposed activity.

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

(5) For greater certainty, a person who registers or submits incomplete, false or misleading information has not satisfied the requirements to which the information relates under this Regulation.

(6) After receiving confirmation from the Ministry that the geographic point and the required information have been received by the Ministry, the person shall, for as long as the activity in respect of which the confirmation was received is ongoing, keep a record of the confirmation at the site of the activity and make it available to the Ministry on request.

(7) The Ministry shall make geographic points that are registered under this Regulation available to the public.

Commencement

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