Regulation for the issuance of new land use permits in accordance with Section 14 (2.1) of the Provincial Parks and Conservation Reserves Act, 2006

ERO number
012-8567
Notice type
Regulation
Act
Provincial Parks and Conservation Reserves Act, 2006
Posted by
Ministry of Natural Resources and Forestry
Notice stage
Decision
Decision posted
Comment period
October 26, 2016 - December 12, 2016 (47 days) Closed
Last updated

This consultation was open from:
October 26, 2016
to December 12, 2016

Decision summary

Authorization from the Ministry of the Environment, Conservation and Parks is required to use or occupy any land in provincial parks and conservation reserves. This regulation will allow land associated with cottage lots in Algonquin Provincial Park to be used for certain private, non-commercial purposes. (e.g., docks and swim rafts).

Decision details

A decision was made to proceed with the proposal as described, subject to changes made as included below as a result of Indigenous and stakeholder consultation. The proposal was implemented by an amendment to Ontario Regulation 347/07 (General Regulation) under the Provincial Parks and Conservation Reserves Act, 2006 by Ontario Regulation 75/19, which was filed by the Registrar of Regulations on April 29, 2019 and published on eLaws May 1, 2019.

Comments received

Through the registry

2

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

Broad public consultation was undertaken in October 2016 through a 47-day Proposal Notice on the Environmental and Regulatory Registries. No comments were received associated with the regulation proposal. Further to additional Indigenous and stakeholder consultation, a decision was made to allow a larger footprint for docks than originally proposed and a two-phased approach to implement the new limits.

An administrative update will be made to the Algonquin Provincial Park Management Plan to reflect these regulation amendments.

The regulation enables the Minister to issue a new land use permit (LUP) for off-lot water structures (e.g., docks, swim rafts), and land structures (e.g., utility poles, driveways) that are near or adjacent to the existing cottage lot in Algonquin Provincial Park (see exception for Source Lake, below).

New land use permits may be issued provided that the criteria prescribed by regulation are satisfied, including that:

  • The permittee is the holder of a lease or licence of occupation for a cottage lot in the park
  • The land is needed for private, non-commercial purposes to support the primary occupation and the structure cannot be placed on the cottage lot
  • The land is located near or adjacent to the cottage lot
  • The term of the LUP does not extend beyond December 31, 2038
  • The land will not be occupied for the purpose of a dwelling or other structure containing kitchen, sleeping or washroom facilities
  • If the land is to be occupied for the purpose of one or more water structures, then:
    • Prior to December 31, 2023, the combined total area occupied by all water structures (excluding existing boathouses) associated with the cottage lot shall not exceed 60 square metres
    • After December 31, 2023, the combined total area occupied by all water structures (excluding existing boathouses) associated with the cottage lot shall not exceed 30 square metres
    • Boathouses and crib docks built before April 29, 2019 may be permitted but no new boathouses or crib docks can be authorized
  • In the rare circumstance that land is needed for a sewage system, the system must meet criteria described in the regulation and all applicable Ontario laws

Land use permits may also be issued to source lake cottagers who have existing boathouses, docks or sheds located near or adjacent to the Source Lake public access point that are used for the storage of boats. Land use permits cannot, however, be issued for a new or replacement boathouse, dock or shed located near or adjacent to the public access point.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Ontario Parks - Protected Areas Section
Address

300 Water Street
6th Floor, North tower
Peterborough, ON
K9J 3C7
Canada

Office phone number

Connect with us

Contact

Rob Davis

Phone number
Office
Natural Resources Conservation Policy Branch
Address

300 Water Street
Peterborough , ON
K9J 8M5
Canada

Office phone number

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Original proposal

ERO number
012-8567
Notice type
Regulation
Act
Provincial Parks and Conservation Reserves Act, 2006
Posted by
Ministry of Natural Resources and Forestry
Proposal posted

Comment period

October 26, 2016 - December 12, 2016 (47 days)

Proposal details

Description of regulation

Subsection 14(2.1) of the Provincial Parks and Conservation Reserves Act, 2006 (PPCRA) authorizes the Minister to issue land use permits (LUPs) for private, non-commercial purposes in circumstances prescribed by the regulations and for a term that may be prescribed by the regulations. These LUPs may not be renewed or extended, as specified in ss. 14(2.2). Currently, there are no regulations prescribing circumstances for the purpose of ss. 14(2.1) of the PPCRA.

Ontario is proposing a regulation that would allow the Minister to issue new LUPs in limited circumstances to support occupations authorized under ss. 13(2) of Ontario Regulation 347/07 (primary occupations). New LUPs could be issued to authorize occupations for such things as water units (e.g., docks, swim rafts, and other on-water structures) or on-land occupations (e.g., infrastructure such as a utility pole, water pump sheds, sewage systems, driveways) that are needed to support the primary occupations.

The proposed regulation would enable the Minister to issue a new LUP for the occupation of land in order to support a primary occupation, provided that:

  • The land would not be occupied for the purpose of a dwelling or other structure containing sleeping facilities; and
  • If the land were to be occupied for the purpose of constructing, placing or maintaining an existing water unit, then the water unit(s) meets the following criteria:
    • The combined footprint of all existing and proposed new water unit(s) does not occupy (i.e., touch, affixed to, float above or otherwise cover) more than a total of 20 square metres of lands, with the exception of existing boathouses; and
    • If a new water unit, it is seasonally removable (e.g., pole or floating dock);
  • The land would be located in close proximity (e.g., in front of or adjacent to) to the primary occupation; and
  • The land is needed to support the primary occupation.

The term of the new LUPs would not extend beyond the expiry date of the lease, land use permit or licence of occupation for the relevant primary occupation.

Purpose of regulation

This proposal would allow the Minister to authorize and effectively manage occupations to support the reasonable enjoyment of and access to existing occupations authorized under ss.13(2) of Ontario Regulation 347/07.

Other information

The following web links provide additional (or supporting) information.

Public consultation

This proposal was posted for a 47 day public review and comment period starting October 26, 2016. Comments were to be received by December 12, 2016.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.

Other public consultation opportunities

To support this posting, MNRF will be sending letters referring to this ER posting and to the Regulatory Registry to Indigenous communities, key stakeholders and other interested groups. No further consultation opportunities will be provided.

Regulatory impact statement

The anticipated environmental consequences of the proposal are likely positive as MNRF would be able to manage and control impacts associated with these occupations.

The anticipated social consequences of the proposal are likely positive as it will allow MNRF to effectively control occupations of land.

The anticipated economic consequences of the proposal are positive. The proposed regulation would allow MNRF to issue land use permits and collect fees for the occupations, where appropriate.

This proposal is also posted on the MEDEI Regulatory Registry for comment.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from October 26, 2016
to December 12, 2016

Connect with us

Contact

Rob Davis

Phone number
Office
Natural Resources Conservation Policy Branch
Address

300 Water Street
Peterborough , ON
K9J 8M5
Canada

Office phone number