Regulation - LGIC
Proposed regulation under the Public Lands Act
Regulation Number(s):
Instrument Type:
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 public consultation, and additional changes made by the ministry. The proposal was implemented by Public Lands Act Ontario Regulation 161/17 (Occupation of Public Lands under Section 21.1. of the Act) and an amendment to Ontario Regulation 239/13 (Activities on Public Land and Shore Lands - Work Permits and Exemptions) by Ontario Regulation160/17, which were filed by the Registrar of Regulations on June 1, 2017 and published on eLaws the next day.
Further Information:
Link to Environmental Registry for #013-0211
Proposal Number:
17-MNRF018
Posting Date:
Summary of Proposal:
The following is a summary of substantive comments and MNRF's response:
• Several stakeholders identified that there may be a surface area limit above which docks and single-storey boathouses could be required to obtain individual occupational authority. A surface size threshold is not included in the regulation at this time as the ministry's approach is to prioritize the application of local standards, established through municipal bylaws. Where local standards are met, this regulation enables the ongoing occupation of prescribed structures on public lands.
• Stakeholders also requested clarity on the authority for structures related to angling and hunting to occupy public lands and as such, hunting stands and ice huts were added to the regulation.
• A few comments were also focussed on clarifying the rules for recreational camping (21 days) and in certain situations, encouraging more stringent management of popular Crown land sites. MNRF will continue to manage this on a site specific basis (e.g. posting of signage), rather than address directly in the regulation.
Ontario Regulation 239/13 (Activities on Public Land and Shore Lands - Work Permits and Exemptions)
The comments were generally supportive of the proposal, with a number of requests for clarification. Some suggestions for change were provided, focused on specific activities included in the proposal. Many comments were in favour of the proposed changes because they will eliminate wait times for work permits. Others expressed concern over a loss of government oversight for activities taking place in water and associated potential public education opportunities.
• Several stakeholders identified that there may be a surface area limit above which docks and single-storey boathouses could be required to obtain individual occupational authority. A surface size threshold is not included in the regulation at this time as the ministry's approach is to prioritize the application of local standards, established through municipal bylaws. Where local standards are met, this regulation enables the ongoing occupation of prescribed structures on public lands.
• Stakeholders also requested clarity on the authority for structures related to angling and hunting to occupy public lands and as such, hunting stands and ice huts were added to the regulation.
• A few comments were also focussed on clarifying the rules for recreational camping (21 days) and in certain situations, encouraging more stringent management of popular Crown land sites. MNRF will continue to manage this on a site specific basis (e.g. posting of signage), rather than address directly in the regulation.
Ontario Regulation 239/13 (Activities on Public Land and Shore Lands - Work Permits and Exemptions)
The comments were generally supportive of the proposal, with a number of requests for clarification. Some suggestions for change were provided, focused on specific activities included in the proposal. Many comments were in favour of the proposed changes because they will eliminate wait times for work permits. Others expressed concern over a loss of government oversight for activities taking place in water and associated potential public education opportunities.
Contact Address:
300 Water Street
Peterborough, ON
K9J 3C7
Peterborough, ON
K9J 3C7
Effective Date:
June 14, 2017
Decision:
Approved