Amend Public Lands Act Ontario Regulation 239/13 to remove the 10-day registry waiting period for existing shore land erosion control structures
Ontario Regulation 239/13
Regulation - LGIC
Bill or Act:
Public Lands Act
Summary of Decision:
A decision was made to proceed with the proposal. The proposal was implemented by an amendment to Ontario Regulation 239/13.
This regulation comes into force upon filing and was filed by the Registrar of Regulations on April 15, 2021.
Analysis of Regulatory Impact:
There are no fees associated with either the individual work permit or work permit exemption; therefore, the proposed regulatory amendment would not result in any direct cost savings to individuals or businesses. However, individuals and businesses would benefit from being able to gain faster approval from the Ministry for the maintenance, repair or replacement of existing erosion control structures.
The cost to government of processing the unnecessary individual work permits is estimated to be $16,000, since the program begin in July 2019. This amount would have been saved if applicants had chosen to use the work permit exemption process, the more efficient and cost-effective process. The proposal to remove the 10-day waiting period will encourage more applicants to choose the work permit exemption process.
February 12, 2021
Summary of Proposal:
The proposed amendment to Section 8 of Ontario Regulation 239/13 would reduce the waiting period from 10 to zero days between registration and commencement of work for the maintenance, repair or replacement of existing shore land erosion control structures, where the activity meets the rules set out in regulation and is registered with the Ministry. Specifically, instead of waiting 10-days, the applicant would be able to proceed as soon as registration was completed.
Maintenance, repair and replacement work on existing shore land erosion control structures are deemed low-risk (e.g., impacts to the environment). Waterfront property owners can register this low-risk activity and commence work in 10 days, provided they meet the rules in regulation. Alternatively, if the activity does not meet the rules in regulation, the waterfront property owner must apply for an individual work permit, which is generally issued in three days.
The registration process takes place online through Ontario.ca. Alternatively, the registration form can be printed and mailed to the local MNRF District Office. The form requires the applicant to attest that they met all the rules in regulation
There are no fees associated with either the work permit or registration; therefore, the proposed regulatory amendment would not result in any direct cost savings to individuals or businesses. Individuals and businesses would benefit from being able to gain faster approval for the maintenance, repair and replacement of existing erosion control structures.
This amendment does not apply to the construction of new or expanded erosion control structures.
Ministry of Natural Resources and Forestry
Attn: Donna Shaw - Program and Policy Advisor
Crown Forests and Lands Policy Branch
300 Water Street, 5th Floor North Tower
Peterborough, ON K9J 3C7
April 15, 2021