1. Public Lands Act Regulations Update
Ministry of Natural Resources and Forestry
November 3, 2017
Prepared by Tammy Watson

2. Purpose
To:
provide an overview of Public Lands Act regulations (amended and new), which came into effect on June 1, 2017;
(Amendment) Ontario Regulation 239/13 - Activities on Public Land and Shore Lands – Work Permits and Exemptions
(New) Ontario Regulation 161/17 - Occupation of Public Lands under Section 21.1 of the Act

3. Part I a)
a) Amendments to Ontario Regulation 239/13 - Activities on Public Land and Shore Lands – Work Permits and Exemptions

4. O. Reg. 239/13 Amendments 1. Waterfront Property Definition:
Previously:
Amendment:
a parcel of land having a boundary on a lake, river, stream or pond
a parcel of land that,
a) has a boundary on a lake, river, stream or pond, or
b) is separated from a lake, river, stream or pond only by,
an unopened road allowance
a strip of public lands that is not more than 30 metres in perpendicular width from a lake, river, stream or pond

5. O. Reg. 239/13 Amendments 1. Waterfront Property Definition:
Previously:
Amendment:

6. O. Reg. 239/13 Amendments 2. Structures on Shore Lands Previously:
Construct or place a structure or combination of structures that occupies more than 15 square metres on shore lands.
Construct or place a structure or a combination of structures that is in physical contact with more than 15 square metres of shore lands

7. O. Reg. 239/13 Amendments
4. Maintenance, repair or replacement of erosion control structures on shore lands
Previously:
Amendment:
8. (1) A person is not required under paragraph 4 of subsection 2 (1) to obtain a work permit to maintain, repair or replace an erosion control structure on shore lands, if the person complies with the requirements set out in subsection (3). O. Reg. 239/13, s. 8 (1).
8. (1) A person is not required under paragraph 4 or 6 of subsection 2 (1) to obtain a work permit to maintain, repair or replace an erosion control structure on shore lands, if the person complies with the requirements set out in subsection (3). O. Reg. 239/13, s. 8 (1).

8. Work Permits
Activities subject to Work Permits [see subsection 2(1) of O. Reg. 239/13]
Construct or place a building on public land;
Construct a trail, water crossing or road on public land;
Dredge shore lands;
Fill shore lands;
Remove invasive aquatic vegetation or native aquatic vegetation by mechanical means or by hand from shore lands;
Construct or place a structure or a combination of structures that is in physical contact with more than 15 square metres of shore lands.
Exceptions [see s. 4.(1) of O. Reg. 239/13]
Trails, water crossings, roads authorized under a Forest Management Plan under CFSA.
Minor maintenance activities on trails, water crossings, roads.
Construct or place a structure or a combination of structures that is in physical contact with 15 square metres or less of shore lands.
Any activity that is done under the terms and conditions of a land use occupational authority granted under the PLA
Exemptions [see s. 5, 6, 7, 8, 9 and 10 of O. Reg. 239/13]
Construct or placement of buildings within unpatented mining claim ; see s. 5.(1) of O. Reg. 239/13
Dredging of shore lands previously dredged; see s. 6.(1) of O. Reg. 239/13
Relocating rocks on shore lands; see s. 7.(1) of O. Reg. 239/13
Maintenance, repair or replacement of erosion control structures on shore lands; see 8.(1) of O. Reg. 239/13
Removal of invasive aquatic vegetation from shore lands; see 9.(1) of O. Reg. 239/13
Removal of native aquatic vegetation from shore lands; see 10.(1) of O. Reg. 239/13

9. Part I b)
b) Ontario Regulation 161/17 - Occupation of Public Lands under Section 21.1 of the Act

10. Occupancy Regulation – General Rules
Legislation provides authority to erect, place or use prescribed classes of buildings, structures and things.
Notwithstanding occupational authority granted by this regulation, a WORK PERMIT must be obtained, where applicable. Note that structures may also be subject to municipal, provincial and federal regulatory permitting requirements.
The lands that may be occupied are,
the lands on which the structure is placed; and
in the course of erecting or placing a building, structure or thing, no more than the minimum amount of public lands required for the purpose.

11. Occupancy Regulation – Notice to Vacate
Minister may issue notice to vacate at any time and for any reason to those lawfully occupying under the new rules.
Person issued notice is required to remove structure at their expense, on or before date in notice.
Notice can be given by posting on structure; in-person delivery; or by registered mail.
Person given notice is required to comply. If they do not comply their occupation will be considered unauthorized.

12. Resources
Work Permits Online Registration Regulations under the Public Lands Act

13. Questions