Court orders for removal and/or restoration - procedure
This policy provides direction to ensure that MNRF seeks, when required, court orders and probation orders upon determining that illegal and unwanted buildings, structures or improvements on Crown land should be removed and in certain cases, sites restored, at the expense of the person convicted of the illegal activities.
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- Subject: Court Orders for Removal and/or Restoration
- Procedure: PL 9.03.02
- Compiled by – Branch: Lands and Waters
- Section: Land Management
- Date Issued: May 14, 2007
- Replaces Directive Title: Same
- Number: Same
- Dated: Feb 11, 1997
To provide the procedural guidelines to implement Policy PL 9.03.02 Court Orders for Removal and/or Restoration. This procedure should be followed except where the advice of the local Crown Prosecutor or the local courts suggest that the writing of the actual orders be handled in another manner.
The Area Supervisor is responsible for the following:
Should a decision be made that MNR should seek an order as part of the sentence, a draft order is prepared and included with the Crown Brief. This material will allow the Crown prosecutor to be prepared when the Court speaks to sentencing.
The draft order should include:
- When charges are laid under the Public Lands Act or the regulations, a decision will have to be made as to whether to request the court to impose an order to obtain compliance with the Act or Regulations, in addition to any imposed fine. Information to be considered when making that decision should include:
- is there any illegal building, structure, material, substance or thing be removed, or should any cleared area be rehabilitated (i.e. will leaving it as is harm natural resources or create a risk to natural resources or the public, etc.)?;
- the relevant section in the PLA allows for the type of removal or restoration desired for convictions under section 13 and 14 are limited to what is contained in subsection 13(5) and 14 (7) while convictions under other sections of the Act or regulations are dealt with under section 70.1; and
- if, prior to undertaking the work, the accused party had applied to MNR for approval of the work, would it have been approved?
- While considering the information listed in #1 above, the officer or Area Supervisor should also seek input from the District Enforcement Supervisor.
- a detailed outline of exactly what, how, when and who will carry out the order;
- a requirement that the convicted party obtain a work permit for activities that are subject to subsection 13(2) and s. 2 of O. Regulation 453/96 authorizing the work to be done; and
- a suggestion that the convicted party return to court on a specified date to report on how they have complied with the order.
- Investigate with the District Enforcement Supervisor and the local Crown prosecutor, the inclusion of a statement in the Crown brief asking the Court to also issue a probation order under section 72 of the Provincial Offences Act (POA). This order should reflect the compulsory conditions noted in subsection 72 (2) as well as setting out the condition allowed in 72 (3) (a) of the POA.
- Provincial Offences Act, Chapter P. 33, R.S.O. 1990 - section 72 & 73
- Public Lands Act, Chapter P. 43, R.S.O. 1990
- Regulation 326/94 made under the Public Lands Act
- Regulation 453/96 made under the Public Lands Act
Directive cross references
- PL 3.03.02 Unauthorized Occupations of Public Land Policy and Procedure
- PL 9.03.02 Court Orders for Removal and/or Restoration Policy