Modernization of Approvals - Proposed Regulatory Amendments to Work Permits issued under the Public Lands Act
O. Reg. 453/96
Regulation - LGIC
Bill or Act:
Public Lands Act
Summary of Decision:
A decision was made to proceed with the proposal as described, subject to changes made below as a result of consultation. The regulation was filed on August 26, 2013, and published on eLaws the next day.
On January 1, 2014, regulation changes affecting the following approvals will come into effect:
Work permits will no longer be required, if rules are followed, for the following activities:
Relocation of rocks and/or boulders for boating and swimming access;
Mechanical removal of native aquatic vegetation for swimming or boating access in southern Ontario; and
Mechanically removing invasive aquatic vegetation.
Work permit will no longer be required, if rules are followed with mandatory notification to the Ministry, for the following activities:
Construction of buildings for mineral exploration and development; and
Restoring, repairing or replacing an existing erosion control structure.
As a consequence of the regulatory changes, MNR has also made administrative amendments to the accompanying policy and procedure [Work Permits ? Section 14 Public Lands Act (PL 3.03.04)] to reflect the new regulatory requirements.
December 6, 2012
Summary of Proposal:
Work permits are a regulatory tool used by the Ministry of Natural Resources to control specified activities occurring on public lands and shore lands (lands covered or seasonally inundated by waters), which includes the beds of most navigable waters, and shore lands.
The majority of work permits are issued to individuals for activities adjacent to their property (e.g. an erosion control structure on shore lands) or to gain access to their properties (dredging around a dock for boat access). A limited number of work permits are issued to municipalities and private industry for commercial undertakings.
MNR also issues land use occupational authority under the Public Lands Act such as land use permits and leases. No changes are proposed to these authorizations at this time (i.e. not part of this proposal).
Under the Public Lands Act, O. Reg. 453/96 currently requires that MNR issue a work permit, subject to restrictions laid out in O. Reg. 975, for construction activities on Crown land. Construction activities currently defined in the regulation are: construct or place a building on Crown land; construct a road, trail or watercrossing on Crown land; dredge or fill shore lands; remove aquatic vegetation in the area set out in Schedule 1 (generally known as on and north of the Canadian Shield), remove aquatic vegetation >100m2 in Schedule 2 (generally known as off the Canadian Shield); and construct or place a structure that occupies more than 15m2 of shore lands.
January 1, 2014