Amendments to the Public Lands Act to Support Red Tape Reduction

The Ministry of Northern Development, Mines, Natural Resources and Forestry (NDMNRF) is proposing the following changes to the Public Lands Act (PLA):

1. Minister’s Authority

Most public lands related decisions rest with the Minister of NDMNRF while some are made by the Lieutenant Governor in Council through an Order in Council, which is a time-consuming process that results in delays for clients. The proposal would provide the following authorities to the Minister:

i.     Setting apart areas of public lands for any purpose that will benefit research in and the management, use and administration of public lands and forests.

ii.     Approving the disposal of public land to Ministry officers or employees (while meeting obligations set out in Ontario Regulation 381/07 regarding conflict of interest rules for servants under the Public Service of Ontario Act).

iii.     Releasing lands from a habendum restriction in letters patent, (i.e., removing a requirement that the land be used for a specific purpose, such as for a school). 

iv.     Releasing a condition that requires public lands transferred to the federal government, be returned to Ontario if the federal government is no longer using the land.

v.     Releasing restrictions in letters patents (e.g., a requirement that the government approve to the sale of the land).

2. Public Reserves

Section 3 of the PLA restricts transfer or disposition of lands bordering water bodies where less than 25 per cent of the lands’ frontage would remain public lands. Proposed amendments ensure the Minister can transfer public lands to other governments, agencies, or Indigenous communities for purposes such as settlement of land claims and infrastructure/economic development. The proposal would not change the Ministry’s requirement to consider potential environmental impacts of dispositions and to fulfill the Crown’s Duty to Consult with Aboriginal communities. 

3. Adverse Possession

Currently individuals may acquire possessory title to claim public lands after 60 years of adverse possession (“squatting”). This prevents the Province from preserving public lands for uses including economic development and environmental protection, receiving fair value for lands through sale or lease, and the efficient settlement of Indigenous land claims. 

Proposed changes to the PLA would prevent any person from acquiring an interest in public lands through use, possession, or occupation of the lands.

The ministry would continue to process quit claim (i.e., squatting claim) letters patent applications for persons who meet the requirements (60+ years of adverse possession) prior to the changes coming into effect (i.e. there is no deadline to apply in these circumstances).

The proposed changes would also provide the Minister with the authority to correct registrations or deposits against public lands under the Registry Act. 

4. Fees

The proposed changes would clarify that the Minister has explicit authority to set, charge, waive, change, or refund fees for services, permissions or decisions related to the management, use or disposition of public lands. No new fees or changes to existing fees are being proposed.

If the proposed changes are made, the Ministry would seek approval to make minor amendments to Ontario Regulation 326/94 (Crown land camping permit) and Ontario Regulation 975 (Work Permits) to remove provisions that set fees by regulation to ensure they align with the changes to the PLA.

If you would like to comment on these proposals, please refer to the related PLA Regulatory Registry Ontario notice below.