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O. Reg. 239/13: ACTIVITIES ON PUBLIC LANDS AND SHORE LANDS - WORK PERMITS AND EXEMPTIONS


Published: 2013-08-26

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ONTARIO REGULATION 239/13

made under the

PUBLIC LANDS ACT

Made: May 1, 2013
Filed: August 26, 2013
Published on e-Laws: August 26, 2013
Printed in The Ontario Gazette: September 14, 2013


ACTIVITIES ON PUBLIC LANDS AND SHORE LANDS — WORK PERMITS AND EXEMPTIONS

CONTENTS

Interpretation

1.

Interpretation

Prohibited Activities and Requirement to Obtain a Work Permit

2.

Activities prohibited unless carried out in accordance with work permits

3.

Non-application of prohibition under s. 2

4.

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

Exemptions from Requirement to Obtain a Work Permit

5.

Construction or placement of buildings within unpatented mining claims

6.

Dredging of shore lands previously dredged

7.

Relocating rocks on shore lands

8.

Maintenance, repair or replacement of erosion control structures on shore lands

9.

Removal of invasive aquatic vegetation from shore lands

10.

Removal of native aquatic vegetation from shore lands

Transition

11.

Transition

Revocation and Commencement

12.

Revocation

13.

Commencement

Schedule 1

 

Schedule 2

 


Interpretation

Interpretation

1. (1) In this Regulation,

“building” means a structure consisting of a roof, wall or floor, but does not include floating structures, docks, boathouses, tents or ice huts;

“dredge” means to remove or displace material from any shore lands, but does not include the removal or displacement of material for the purpose of installing service cables, heat loops or water intakes for private residences;

“invasive aquatic vegetation” means plants listed in the document entitled “Ontario’s Invasive Aquatic Plant List” and dated March 11, 2013, that is published by the Ministry and available on the Ministry website;

“in-water work related to an activity” means any work related to the activity that is conducted in the water of a lake, river, stream or pond;

“In-water Work Timing Window Guidelines” means the document entitled “In-water Work Timing Window Guidelines” and dated March 11, 2013, that is published by the Ministry and available on the Ministry website;

“native aquatic vegetation” means plants that grow partly or wholly in water and that may be rooted or floating, but does not include invasive aquatic vegetation;

“Registry” means the registry known as the Ministry of Natural Resources Registry available on the Ministry website;

“road” has the same meaning as in Part II of the Act;

“shore lands” means lands covered or seasonally inundated by the water of a lake, river, stream or pond;

“trail” means a path over public lands that is not used for mineral exploration or extraction;

“water crossing” means a bridge, culvert or causeway constructed to provide access to two points separated by water;

“waterfront property” means a parcel of land having a boundary on a lake, river, stream or pond;

“work permit” means a work permit issued under the Act.

(2) A reference in this Regulation to a person carrying out an activity is deemed to include a reference to a person causing the activity to be carried out.

Prohibited Activities and Requirement to Obtain a Work Permit

Activities prohibited unless carried out in accordance with work permits

2. (1) No person shall carry out any of the following activities except under the authority of and in accordance with the terms and conditions of a work permit that authorizes the activity:

1. Construct or place a building on public land.

2. Construct a trail, water crossing or road on public land.

3. Dredge shore lands.

4. Fill shore lands.

5. Remove invasive aquatic vegetation or native aquatic vegetation by mechanical means or by hand from shore lands.

6. Construct or place a structure or combination of structures that occupies more than 15 square metres on shore lands.

(2) For the purposes of paragraph 5 of subsection (1), removal by mechanical means includes removal with a rake, cutter-bar device or mechanical harvester, but does not include dredging.

Non-application of prohibition under s. 2

3. Nothing in section 2 prohibits a person from acting under the authority of and in accordance with the terms and conditions of an instrument that,

(a) is granted under the Act; and

(b) authorizes an activity that would otherwise be prohibited, except if carried out under the authority of and in accordance with the terms and conditions of a work permit.

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

4. (1) The prohibition under paragraph 2 of subsection 2 (1) does not apply with respect to a trail, water crossing 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) The prohibition under paragraph 2 of subsection 2 (1) does not apply with respect to minor maintenance activities carried out on a trail, water crossing or road, including the following activities:

1. Water crossing cleaning for the purpose of maintaining the flow of water.

2. Superficial grading of trails or roads.

3. Clearing of existing ditches.

4. Spot gravelling.

5. Clearing or brushing of existing road or trail surface.

6. Snow plowing.

7. Sanding or dust control.

8. Repair or replacement of posted signage.

Exemptions from Requirement to Obtain a Work Permit

Construction or placement of buildings within unpatented mining claims

5. (1) A person is not required under paragraph 1 of subsection 2 (1) to obtain a work permit to construct or place one or more buildings within the boundaries of an unpatented mining claim for the purpose of mineral exploration and development, if the person complies with the requirements set out in subsection (2).

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

1. The person is the holder of the unpatented mining claim on which the construction or placement of the building or buildings is to be carried out.

2. The person must ensure that the building or buildings meet the following requirements:

i. The building or buildings must not be constructed or placed within the 120 metre shoreline reservation authorized by subsection 40 (1) of the Mining Act.

ii. The building or buildings must not be constructed or placed on land to which the surface rights are held by another person.

3. At least 10 business days before the commencement date of the construction or placement of the building or buildings, the person gives the Minister notice of the fact that the person is about to begin the activity, by submitting a notice of activity form available on the Registry to the Minister through the Registry and the notice must include a description of the activity and of the location where it is to be carried out.

4. The person follows the requirements of subsections (3) and (4) with respect to the completion of the notice of activity form and the keeping of records relating to the notice of activity form.

(3) Before submitting a notice of activity form to the Minister, the person must ensure that,

(a) all mandatory information requested on the form, including the person’s contact information, has been provided; and

(b) the information provided on the form is complete and accurate.

(4) After submitting a notice of activity form to the Minister, the person must,

(a) promptly upon obtaining from the Ministry confirmation that a notice of activity form submitted through the Registry has been received by the Minister, make a record of the confirmation; and

(b) for as long as the activity is being carried out,

(i) keep the record of the confirmation on site, and

(ii) make the record of the confirmation available to the Ministry upon receiving a request for it.

(5) A person who provides incomplete, false or misleading information on a notice of activity form is deemed not to have submitted the notice of activity form.

(6) For the purposes of this section,

“commencement date of the construction or placement of the building or buildings” means the first day of operation of machinery or equipment,

(a) in connection with the construction or placement of the building, if there is one building; or

(b) in connection with the construction or placement of the first building, if there is more than one building.

Dredging of shore lands previously dredged

6. (1) A person is not required under paragraph 3 of subsection 2 (1) to obtain a work permit to dredge shore lands that were initially dredged under the authority of a work permit, if the person complies with the requirements set out in subsection (2).

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

1. The person is the owner of the waterfront property adjacent to the shore lands where the proposed dredging is to be carried out.

2. The person carried out the initial dredging under the authority of a work permit issued on or after January 1, 2009.

3. The commencement date of the proposed dredging is,

i. in the case of the first dredging following the initial dredging, no later than on the fifth anniversary of the day the work permit referred to in paragraph 2 is issued, and

ii. in the case of each subsequent dredging, no later than on the fifth anniversary of the date of completion of the immediately preceding dredging.

4. The person carries out the activity in accordance with the following requirements:

i. The activity must be carried out within the straight line production of the sidelines of the waterfront property.

ii. The area to be dredged must comply with the requirements of subsections (4) and (5) with respect to its dimensions and location.

iii. Blasting or open water disposal must not be used in connection with the activity.

iv. In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines.

v. If any work related to the activity is likely to disturb sediments, sediment controls containing the area where the work is carried out,

A. must be installed before the work begins,

B. must be maintained for the duration of the work, and

C. must not be removed until after the area has stabilized.

vi. Wheeled or tracked machinery or equipment used in connection with the activity,

A. must be used on dry land or used from a barge or vessel,

B. must be operated from dry land or operated from a barge or vessel, and

C. must be stored on dry land or stored on a barge or vessel.

vii. Any material that results from the activity, including sediment, debris and aquatic vegetation, must be disposed of on dry land and in a manner that prevents it from entering or re-entering any lake, river, stream or pond.

(3) For the purposes of an exemption under this section, if the commencement date referred to in paragraph 3 of subsection (2) falls within a timing window referred to in subparagraph 4 iv of subsection (2), the person must ensure that the commencement date of the proposed dredging complies with the requirements of both paragraph 3 and subparagraph 4 iv of subsection (2).

(4) The dimensions of the area to be dredged must not exceed the dimensions of the area that was initially dredged under the authority of the work permit.

(5) The location of the area to be dredged must comply with the following requirements:

1. The area to be dredged must be located entirely within the area initially dredged under the authority of the work permit, if the dimensions of the area to be dredged are less than the dimensions of the area initially dredged under the authority of the work permit.

2. The area to be dredged must overlap entirely with the area initially dredged under the authority of the work permit, if the dimensions of the area to be dredged are equal to the dimensions of the area initially dredged under the authority of the work permit.

(6) If a work permit is issued to authorize the person to dredge an area or part of an area that was previously dredged by the person on the basis of an exemption under this section, the following applies for the purposes of an exemption under this section:

1. References to “work permit” in this section shall be read as references to the subsequent work permit and no longer as references to the previous work permit.

2. The commencement date of the proposed dredging shall be determined with reference to the area that is initially dredged under the authority of the subsequent work permit and no longer on the basis of the previous work permit.

3. The dimensions and location of the area to be dredged shall be determined with reference to the area that is initially dredged under the authority of the subsequent work permit and no longer on the basis of the previous work permit.

(7) For the purposes of this section,

“commencement date”, in relation to a dredging activity, means the day on which in-water work related to the activity begins;

“dimensions”, in relation to an area, means the length and width of the area.

Relocating rocks on shore lands

7. (1) A person is not required under paragraph 3 of subsection 2 (1) to obtain a work permit to relocate rocks on shore lands, if the person complies with the requirements set out in subsection (2).

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

1. The person is the owner of the waterfront property adjacent to the shore lands where the relocation of rocks is to be carried out.

2. The person carries out the activity in accordance with the following requirements:

i. The activity must be carried out within the straight line production of the sidelines of the waterfront property.

ii. The rocks must not be removed from the water and must be distributed randomly in a manner that prevents an erosion control structure, such as a groyne, from forming.

iii. The area from which rocks are to be relocated must comply with the requirements of subsections (3) to (7) with respect to its shape, dimensions and location.

iv. In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines.

v. If any work related to the activity is likely to disturb sediments, sediment controls containing the area where the work is carried out,

A. must be installed before the work begins,

B. must be maintained for the duration of the work, and

C. must not be removed until after the area has stabilized.

vi. Wheeled or tracked machinery or equipment used in connection with the activity,

A. must be used on dry land or used from a barge or vessel,

B. must be operated from dry land or operated from a barge or vessel, and

C. must be stored on dry land or stored on a barge or vessel.

(3) The area to be cleared must form a channel that runs perpendicular to the shoreline and has a width not exceeding six metres, measured parallel to the shoreline.

(4) If the area to be cleared was previously cleared, the following applies:

1. The area to be cleared must comply with the requirements of subsection (3).

2. Subject to subsections (5) to (7), the location of the area to be cleared must comply with the following requirements:

i. The area to be cleared must be located entirely within the area previously cleared, if the dimensions of the area to be cleared are less than the dimensions of the area previously cleared.

ii. The area to be cleared must overlap entirely with the area previously cleared, if the dimensions of the area to be cleared are equal to the dimensions of the area previously cleared.

iii. The area to be cleared must include the entire area previously cleared, if the dimensions of the area to be cleared exceed the dimensions of the area previously cleared.

(5) If the area to be cleared was previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (4) shall be read as references to the area previously cleared under the work permit.

(6) If the area to be cleared was previously cleared under an exemption under this section, references to “area previously cleared” in paragraph 2 of subsection (4) shall be read as references to the area previously cleared under the exemption.

(7) If the area to be cleared was previously cleared under an exemption under this section and was also previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (4) shall be read, at the option of the person referred to in paragraph 1 of subsection (2),

(a) as references to the area previously cleared under the exemption; or

(b) as references to the area previously cleared under the work permit.

(8) For the purposes of this section,

“cleared”, in relation to an area, means an area from which rocks are relocated.

Maintenance, repair or replacement of erosion control structures on shore lands

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).

(2) Despite subsection (1), if the shore lands or parts of the shore lands are within the Lake Simcoe watershed boundaries, the exemption under that subsection does not apply unless the shore lands or parts of the shore lands are also within the areas of jurisdiction of the Lake Simcoe Region Conservation Authority.

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

1. The person is the owner of the waterfront property adjacent to the shore lands where the maintenance, repair or replacement of the erosion control structure is to be carried out.

2. At least 10 business days before the commencement date of the maintenance, repair or replacement of the erosion control structure, the person gives the Minister notice of the fact that the person is about to begin the activity, by submitting a notice of activity form available on the Registry to the Minister through the Registry and the notice must include a description of the activity and of the location where it is to be carried out.

3. The person follows the requirements of subsections (4) and (5) with respect to the completion of the notice of activity form and the keeping of records relating to the notice of activity form.

4. The person carries out the activity in accordance with the following requirements:

i. The activity must be carried out within the straight line production of the sidelines of the waterfront property.

ii. The length and width of the erosion control structure resulting from the activity must be the same as the length and width of the existing erosion control structure.

iii. The location of the erosion control structure resulting from the activity must overlap entirely with the location of the existing erosion control structure.

iv. In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines.

v. If any work related to the activity is likely to disturb sediments, sediment controls containing the area where the work is carried out,

A. must be installed before the work begins,

B. must be maintained for the duration of the work, and

C. must not be removed until after the area has stabilized.

vi. Wheeled or tracked machinery or equipment used in connection with the activity,

A. must be used on dry land or used from a barge or vessel,

B. must be operated from dry land or operated from a barge or vessel, and

C. must be stored on dry land or stored on a barge or vessel.

vii. Any material that results from the activity, including sediment, debris and aquatic vegetation, must be disposed of on dry land and in a manner that prevents it from entering or re-entering any lake, river, stream or pond.

(4) Before submitting a notice of activity form to the Minister, the person must ensure that,

(a) all mandatory information requested on the form, including the person’s contact information, has been provided; and

(b) the information provided on the form is complete and accurate.

(5) After submitting a notice of activity form to the Minister, the person must,

(a) promptly upon obtaining from the Ministry confirmation that a notice of activity form submitted through the Registry has been received by the Minister, make a record of the confirmation; and

(b) for as long as the activity is being carried out,

(i) keep the record of the confirmation on site, and

(ii) make the record of the confirmation available to the Ministry upon receiving a request for it.

(6) A person who provides incomplete, false or misleading information on a notice of activity form is deemed not to have submitted the notice of activity form.

(7) For the purposes of this section,

“areas of jurisdiction of the Lake Simcoe Region Conservation Authority” means the areas within the jurisdiction of the Lake Simcoe Region Conservation Authority, as described in subsection 2 (2) of Ontario Regulation 179/06 (Lake Simcoe Region Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) made under the Conservation Authorities Act;

“commencement date of the maintenance, repair or replacement of the erosion control structure” means the date on which work on the existing erosion control structure begins;

“Lake Simcoe watershed boundaries” means the boundaries of the Lake Simcoe watershed, as described in subsection 2 (1) of Ontario Regulation 219/09 (General) made under the Lake Simcoe Protection Act, 2008.

Removal of invasive aquatic vegetation from shore lands

9. (1) A person is not required under paragraph 5 of subsection 2 (1) to obtain a work permit to remove, by mechanical means or by hand, invasive aquatic vegetation from shore lands located in the area set out in Schedule 1 or 2, if the person complies with the requirements set out in subsection (2).

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

1. The person is the owner of the waterfront property adjacent to the shore lands where the removal of invasive aquatic vegetation is to be carried out.

2. The person carries out the activity in accordance with the following requirements:

i. The activity must be carried out within the straight line production of the sidelines of the waterfront property.

ii. The removal of any native aquatic vegetation must be minimized.

iii. All cut or uprooted invasive aquatic vegetation and native aquatic vegetation must be immediately and permanently removed from the water.

iv. In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines.

v. Wheeled or tracked machinery or equipment used in connection with the activity,

A. must be used on dry land or used from a barge or vessel,

B. must be operated from dry land or operated from a barge or vessel, and

C. must be stored on dry land or stored on a barge or vessel.

vi. Any aquatic vegetation that is removed as a result of the activity and any other material that results from the activity, including sediment and debris, must be disposed of on dry land and in a manner that prevents the aquatic vegetation or other material from entering or re-entering any lake, river, stream or pond.

Removal of native aquatic vegetation from shore lands

10. (1) A person is not required under paragraph 5 of subsection 2 (1) to obtain a work permit to remove, by mechanical means or by hand, native aquatic vegetation from shore lands located in the area set out in Schedule 2, if the person complies with the requirements set out in subsection (2).

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

1. The person is the owner of the waterfront property adjacent to the shore lands where the removal of native aquatic vegetation is to be carried out.

2. The person carries out the activity in accordance with the following requirements:

i. The activity must be carried out within the straight line production of the sidelines of the waterfront property.

ii. The area to be cleared must comply with the requirements of subsections (3) to (9) with respect to its shape, dimensions and location.

iii. All cut or uprooted native aquatic vegetation must be immediately and permanently removed from the water.

iv. In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines.

v. Wheeled or tracked machinery or equipment used in connection with the activity,

A. must be used on dry land or used from a barge or vessel,

B. must be operated from dry land or operated from a barge or vessel, and

C. must be stored on dry land or stored on a barge or vessel.

vi. Any aquatic vegetation that is removed as a result of the activity and any other material that results from the activity, including sediment and debris, must be disposed of on dry land and in a manner that prevents the aquatic vegetation or other material from entering or re-entering any lake, river, stream or pond.

(3) The area to be cleared must be any one of the following:

1. A main area described in subsection (4).

2. A channel area described in subsection (5).

3. A combination of both a main area and channel area referred to in paragraphs 1 and 2.

(4) The main area to be cleared must not exceed the following dimensions:

1. If the frontage of the waterfront property is less than or equal to 22 metres, the maximum width must not be more than 8 metres and the maximum distance off shore must not be more than 30 metres.

2. If the frontage of the waterfront property is more than 22 metres, the maximum width must not be more than 15 metres and the maximum distance off shore must not be more than 30 metres.

(5) The channel area to be cleared must meet the following requirements:

1. The channel area must form a channel that runs perpendicular to the shoreline and has a width not exceeding 6 metres, measured parallel to the shoreline.

2. The width of the channel area must be entirely within the maximum width of the main area described in subsection (4).

(6) If the area to be cleared was previously cleared, the following applies:

1. The area to be cleared must comply with the following requirements:

i. in the case of a main area, the requirements of subsection (4), or

ii. in the case of a channel area, the requirements of subsection (5).

2. Subject to subsections (7) to (9), the location of the area to be cleared must comply with the following requirements:

i. The area to be cleared must be located entirely within the area previously cleared, if the dimensions of the area to be cleared are less than the dimensions of the area previously cleared.

ii. The area to be cleared must overlap entirely with the area previously cleared, if the dimensions of the area to be cleared are equal to the dimensions of the area previously cleared.

iii. The area to be cleared must include the entire area previously cleared, if the dimensions of the area to be cleared exceed the dimensions of the area previously cleared.

(7) If the area to be cleared was previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (6) shall be read as references to the area previously cleared under the work permit.

(8) If the area to be cleared was previously cleared under an exemption under this section, references to “area previously cleared” in paragraph 2 of subsection (6) shall be read as references to the area previously cleared under the exemption.

(9) If the area to be cleared was previously cleared under an exemption under this section and was also previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (6) shall be read, at the option of the person referred to in paragraph 1 of subsection (2),

(a) as references to the area previously cleared under the exemption; or

(b) as references to the area previously cleared under the work permit.

(10) For the purposes of this section,

“cleared”, in relation to an area, means an area from which native aquatic vegetation is removed.

Transition

Transition

11. A person who, on January 1, 2014, holds a work permit with respect to an activity described in clause 2 (1) (e) or (f) of Ontario Regulation 453/96 (Work Permit — Construction) made under the Act, as it read on December 31, 2013, is deemed to hold a work permit issued with respect to an activity described in paragraph 5 of subsection 2 (1) of this Regulation.

Revocation and Commencement

Revocation

12. Ontario Regulation 453/96 is revoked.

Commencement

13. This Regulation comes into force on the later of January 1, 2014 and the day it is filed.

SCHEDULE 1

All of the Province of Ontario saving and excepting all that part of the Province described in Schedule 2.

SCHEDULE 2

All that part of the Province of Ontario as shown on the Regulation Plans of Fisheries Management Zones 16, 19 and 20, filed on May 30, 2006 with the Office of the Surveyor General of Ontario in the Ministry of Natural Resources and published by the Ministry in the Recreational Fishing Regulations Summary available on the Ministry website;

Together with all that part of the Province of Ontario lying within Regulation Plans of Fisheries Management Zones 12, 17 and 18, filed on May 30, 2006 with the Office of the Surveyor General of Ontario in the Ministry of Natural Resources and published by the Ministry in the Recreational Fishing Regulations Summary available on the Ministry website, and lying west, south and east of a line described as follows:

Commencing at a point along the northerly limit of the said Regulation Plan of Fisheries Management Zone 17 where it intersects the easterly limit of the geographic Township of Dummer in the County of Peterborough;

Thence southerly along the easterly limit of the geographic Township of Dummer in the County of Peterborough to the northerly limit of Highway No. 7;

Thence easterly and northeasterly along the northerly limit of Highway No. 7 and its prolongation to the northwesterly limit of Highway No. 417 in the geographic Township of Huntley in the City of Ottawa;

Thence northeasterly along the northwesterly limit of Highway No. 417 to the westerly limit of the road allowance between Lots 15 and 16, Concession 2 on the Ottawa River in the geographic Township of Nepean in the City of Ottawa (being Holly Acres Road);

Thence northwesterly along the westerly limit of the road allowance between Lots 15 and 16, Concession 2 on the Ottawa River in the geographic Township of Nepean in the City of Ottawa and its prolongation to a point on the northeasterly limit of the said Regulation Plan of Fisheries Management Zone 12, said point being on the boundary between the Provinces of Ontario and Quebec in Lac Deschênes on the Ottawa River.