Commercial outpost camps

Subject: Commercial outpost camps
Policy: PL 4.06.01
Compiled by - Branch: Crown Forests and Lands Policy
Section: Crown Lands Policy
Date issued: April 1, 2022
Replaces directive title: Same
Number: Same
Dated: May 10, 2021

1.0 Introduction

Ontario's economy benefits from a healthy tourism industry. The Ministry of Northern Development, Mines, Natural Resources and Forestry (Ministry) will continue to support the establishment and maintenance of commercial outpost camp sites throughout the province and make them available for a variety of consumptive and/or non-consumptive purposes in accordance with principles of sustainable use, land use plans, and the Ministry Crown land disposition processes.

2.0 Goal

To provide the land base for facilities that provide access to sustainable consumptive and non- consumptive opportunities for commercial tourism development.

3.0 Policy objectives and strategies

1. To ensure that the allocation of commercial outpost camp sites is made in a coordinated manner and in consultation with other agencies.

   Proponents are responsible to meet the standards of other ministries and levels of government (e.g. federal and municipal) where their rules apply and have regard for municipal zoning and by-laws where a commercial outpost camp is to be located within an organized area (see PL 4.12.01 The Applicability of the Planning Act, Municipal Act and Building Code Act to Planning and Dispositions on Crown Lands).

   The Ministry will work with other ministries, agencies and other levels of government to address any local or specific issues related to the authorization of these sites.

   There are two types of commercial outpost camps allocated by the Ministry:

   1. Type A commercial outpost camps which are any fixed or portable rental units that are remote from a base of operations and accessible only by air, water or forest trails.
   2. Type B commercial outpost camps which are encampments of structures temporarily established on Crown land to provide accommodation to clients of a commercial outpost camp operator, for a non-recurring, short term, single purpose activity (e.g. the spring bear hunt).

2. To ensure the continued long term availability of Type A commercial outpost camps and to grant land use occupational authority consistent with the needs of the operator as deemed appropriate by the Ministry.

   This will be achieved by maintaining influence over authorized commercial outpost camps through the retention of ownership, while granting land use occupational authority up to and including a Crown lease for a 20 year term for a Type A outpost camp. A Crown lease provides operators with long term registerable title to facilitate business security, mortgage financing and capitalization.

3. To ensure the availability of Type B outpost camps, by responding to requests for commercial non-recurring, short term, single purpose sites (e.g. the spring bear hunt) where appropriate, in accordance with normal Ministry disposition processes.

4. To contribute to economic growth through development of tourism facilities consistent with sustainable development practices.

   This will be achieved by making predetermined sites available according to normal disposition practices.

5. To provide policy flexibility to facilitate a variety of tourism opportunities.

   This will be achieved by providing commercial outpost camp sites for consumptive uses and non- consumptive uses and by making Type A and Type B outpost camps available, where appropriate.

   Subject to fish and wildlife laws, outpost camps may be used for consumptive or non- consumptive uses, at the discretion of the operator, unless prior agreement has been made with the operator.

6. To discourage the under-utilization of tourism opportunities at outpost camps.

   This will be achieved:

   • by cancelling authorized outpost camps that are not used for a period of one year or more, unless unusual circumstances prevail (e.g. illness, planned closure to reduce fishing pressure, etc.)
   • through compliance monitoring of land use authority terms and conditions
   • through decisions to renew commitments (e.g. make a Type A outpost camp available for a further term)

7. To ensure effective waste management.

   This will be achieved by requiring operators to dispose of all garbage in a Ministry of the Environment, Conservation and Parks (MECP) certified waste disposal site.

8. To establish disposition standards for Type A and B outpost camps.

   The disposition of Type A and B outpost camps will be governed by Section 4.0 (Management Guidelines) of this policy.

9. To contribute to ecological sustainability of the local natural resources.

   This will be achieved by properly distributing and managing these sites.

4.0 Management guidelines

4.1 Management guidelines for Type A commercial outpost camps

4.1.1 Disposition

Areas for Type A outpost camps are usually predetermined by the District Manager according to normal disposition processes. District Managers are to ensure that prospective operators are aware of the resource management activities in the area.

Where it is feasible, alternate sites may replace existing sites for management purposes (e.g. to ease fishing/hunting pressures in areas that are being over harvested). Where it is not feasible to authorize alternate sites, it may be necessary to close out an existing site in order to mitigate pressures or environmental impacts. Consideration may be given to providing a displaced operator the right of first refusal for any other site that becomes available in the area, before a public offering of the site is considered.

Displaced operators may be advised of the lakes and areas of Crown land that have been designated as being capable of supporting commercial outpost camps.

New sites for a commercial outpost camp shall not be made available to operators that are in violation of the terms and conditions of their existing land use occupational authority document.

4.1.2 Disposition methods

Type A outpost camps may be disposed of to eligible operators (see section 4.1.3) following Ministry Crown land disposition processes. These disposition processes shall have regard for land use plans in the Crown Land Use Policy Atlas and other relevant resource management plans (e.g. fisheries management plans). See also PL 4.02.01 Application Review and Land Disposition Process.

4.1.3 Eligibility of applicants

To be eligible to operate an outpost establishment, an applicant must:

• be able to hold land in Ontario
• not be a defaulting operator
• maintain a base of operations in Ontario

4.1.4 Site size

Generally, the site authorized will be 0.5 hectare in size.

4.1.5 Land use authority

Waterfront structures are covered under Ontario Regulation 161/17 Occupation of Public Lands under Section 21.1 of the Public Land Act and may not require occupational authority where prescribed criteria in the regulation are met. However, if the operator requests an occupational authority for the waterfront structure, it can be issued for them consistent with PL 4.10.01 Water Lot Disposition.

Possible options to authorize an outpost camp are:

1. a land use permit covering only dry land
2. a Crown lease covering only dry land
3. a land use permit covering both a water lot and dry land
4. a Crown lease for dry land and a land use permit for a water lot
5. a Crown lease for the dry land and water lot

The decision as to what type of authority is issued will be made by the District Manager after consultation with the operator.

4.1.6 Term

The term for land use authority for a Type A outpost camp will be:

1. 10-year term in the case of a land use permit, unless shorter terms are mutually agreed upon by the operator and the Ministry
2. 20-year term in the case of a Crown lease, unless shorter terms are mutually agreed upon by the operator and the Ministry

4.1.7 Fees

Fees and rents for each site to be set and calculated as per Policy PL 6.02.01 Administrative Fees for Public Land Transactions and Policy PL 6.01.02 Crown Land Rental Policy.

For the calendar year 2022, the fees and rents are set to zero dollars for permittees and lessees to align with the government’s decision to provide relief to this sector in response to the COVID-19 pandemic.

4.1.8 Improvements

Any improvements, construction, alterations, etc., to an outpost camp may require a work permit. Although District Managers are charged with providing approval to all improvements (e.g. number, size, etc.) regard must be had for any known existing government regulations or policies (e.g. Ontario Building Code). The Ministry requirements may exceed but not conflict with the standards set by other authorities (e.g. building size). See PL 4.12.01 The Applicability of the Planning Act, Municipal Act and Building Code Act to Planning and Dispositions on Crown Lands.

The size of any buildings used for accommodation should be decided based on the circumstances of that particular site.

Either tent or cabin type camps are acceptable providing they are of good quality materials, and are properly maintained. Polyethylene structures are not to be permitted.

Operators will be responsible for the removal of all improvements, including docks, at the end of the authorized period and returning the site to a clean and safe condition.

4.1.9 Additional conditions and covenants to appear in the land use permit or lease

Terms and conditions of land use occupational authority documents will pertain to Ministry programs only.

As appropriate, the following conditions may be imposed in the land use permit or lease such as where the status of game or fish populations is such that the hunting or angling pressures generated by the outpost camp should be time-limited, or use of the camp for certain hunting/angling activities should be prohibited.

1. The {permittee/lessee} will apply for a work permit from the Ministry of Northern Development, Mines, Natural Resources and Forestry (NDMNRF) to construct a commercial outpost camp on the described site on or before {D/M/Y}.
2. Use of this {site/premises} for the accommodation of {anglers/hunters} is prohibited.
3. Use of this {site/premises} for accommodation of {anglers/hunters} is prohibited, except during the period of {Day, Month, Year to Day, Month, Year}, inclusive.
4. The {permittee/lessee} will use the {site/premises} for the commercial accommodation of guests each and every year during the term of this permit and will upon request of an employee of the Ministry provide proof satisfactory to the District Manager that the {site/premises} has been so used.
5. Where it is determined that the {permittee/lessee} is in violation of the terms and conditions of this {land use permit/lease}, and a work order is issued by the Ministry to remedy any and all violation(s), the {permittee/lessee} hereby covenants to reimburse any and all reasonable expenses incurred by the Ministry to inspect actions undertaken by the {permittee/lessee} to remedy the violation(s). (The method of carrying out those inspections will be the one that is the most reasonable financially and logically while still meeting the Ministry's policies.)

Care should be used when adding any site specific conditions to land use permits to ensure they are not already pre-printed on the permit. To ensure their enforceability, these conditions should be included and referred to as a schedule to the land use permit or incorporated into the body of the lease.

4.1.10 Inspections

Periodic inspections will be carried out to determine if the commercial outpost camp is being operated in accordance with the terms and conditions of the land use occupational authority document.

While undertaking outpost disposition inspections, staff should consult with their counterparts in MECP and the local Health Unit to suggest joint inspections as a manner of saving costs.

4.1.11 Non-compliance with Terms and Conditions

Unless unusual circumstances prevail (e.g. illness, poor weather), in accordance with terms and conditions of the land use occupational authority, operators whose sites remain unimproved (e.g. buildings requirements have not been met or improvements have not been constructed within one year) or are not used for more than one operating season will have their land use permit or lease cancelled.

Where an operator refuses to remove any improvements from the site, the Ministry shall, after following any processes established in the land use occupational authority document, treat the improvements as unauthorized occupations of Crown land (see PL 3.03.02 Unauthorized Occupation of Public Land).

An operator whose outpost camp is found to be in violation of the terms and conditions of the permit or lease shall be instructed, by written order, to undertake remedial action within 30 days of an inspection (or longer if the District Supervisor considers necessary).

If violations are not adequately corrected to the satisfaction of the Ministry within 60 days or such longer period as is prescribed in the land use occupational authority, or prior to the third inspection by the Ministry, the District Manager shall initiate cancellation of the permit/lease in accordance with the process outlined in the document, if applicable.

District staff shall notify other agencies (e.g. MECP) of any known infractions of their mandate. The Ministry shall not be involved in enforcing other agencies' legislation, either directly or through placing conditions in title documents (i.e. occupational authority shall not be used to enforce the legislation or concerns of other agencies).

4.1.12 Assignment/transfer

The Ministry should not consent to the issuance of a land use permit to a new operator, or the assignment of a lease, until all previous violations are resolved to the satisfaction of the Ministry. An exception to this would be when the new operator will be the best person to resolve the violations.

4.2 Management guidelines for Type B commercial outpost camps

Type B commercial outpost camps are intended for non-recurring sites only. The district office must ensure that sites are temporary and that the operator fully understands that these are a one-time only arrangement. Should the operator be interested in subsequent years it will be necessary to reapply. The Ministry cannot provide any assurances that the operator will receive a permit for the same location in subsequent years. An operator seeking assurance of a renewal, should seek a Type A outpost camp.

4.2.1 Site selection

Sites should be allocated based on such considerations as resource potential, potential resident conflict, land use plans in the Crown Land Use Policy Atlas and the proximity to existing authorized tourist establishments.

4.2.2 Disposition

Reactive, based upon application, and consistent with PL 4.02.01 Application Review and Land Disposition Process policy.

4.2.3 Eligibility of applicants

To be eligible to operate an outpost establishment, an applicant must:

• be able to hold land in Ontario
• not be a defaulting operator
• maintain a base of operations in Ontario

4.2.4 Size

The site authorized should not exceed 0.5 hectare in size.

4.2.5 Land use authority

Type B outpost camps will only be authorized by a land use permit, issued for a single purpose in any given year.

4.2.6 Term

Length of the operator's approved activity (e.g. bear hunting season) plus one week before and one week after to allow establishing, dismantling and removal of structures.

4.2.7 Fees

Fees and rents for each site to be set and calculated as per Policy PL 6.02.01 Administrative Fees for Public Land Transactions and Policy PL 6.01.02 Crown Land Rental Policy.

For the calendar year 2022, the fees and rents are set to zero dollars for permittees to align with the government’s decision to provide relief to this sector in response to the COVID-19 pandemic.

4.2.8 Inspections

Districts should use control maps and aerial photographs and consult with local staff for potential conflicts where possible.

4.2.9 Conditions to apply

Structures

• Mobile camping units and tents only.
• No polyethylene structures.
• Floating docks only (or assurance that the dock will be removed prior to expiration of the permit).
• All structures to be removed within the term of the land use permit and the site returned to a clean and safe condition.

Garbage

• All garbage is to be removed before the expiry of the land use permit and disposed of at an authorized waste disposal site.

Other conditions

• At the discretion of the District Manager.

5.0 Definitions

In this policy,

Authorized

Means authorized under the Public Lands Act.

Consumptive uses

Means activities intended to harvest natural resources (e.g. fishing and hunting).

Defaulting operator

Means an operator who is in breach of terms or conditions of a land use permit or lease for an outpost camp anywhere in Ontario.

Non-consumptive uses

Means activities which are not intended to harvest natural resources (e.g. wildlife viewing/photography, canoeing, skiing, or the quiet enjoyment of nature). Means an encampment of structures temporarily established on Crown land to provide accommodation to clients of an operator, for a non-recurring, short term, single purpose site (e.g. the spring bear hunt) (Type B Outpost Camps were previously referred to as restricted LUPs).

Base of operations

Means a licensed tourist establishment or an air carrier licensed by the Canadian Transportation Agency and Transport Canada located in Ontario or from which a tourist outfitter maintains facilities for communication, transportation and the complete maintenance of office records.

6.0 References

• PL 3.03.02 (POL & PRO) Unauthorized Occupations of Public Land
• PL 4.02.01 Application review and land disposition process policy
• PL 4.10.01 (POL & PRO) Water Lot Disposition
• PL 4.12.01 The Applicability of the Planning Act, Municipal Act and Building Code Act to Planning and Dispositions on Crown Lands
• PL 6.01.02 (POL) Crown Land Rental Policy
• PL 6.02.01 Administrative Fees for Public Land Transactions