Regulation - LGIC
Proposal to amend Ontario Regulation 161/17 to the Public Lands Act to change the requirements related to floating accommodations
Regulation Number(s):
Ontario Regulation 161/17
Instrument Type:
Regulation - LGIC
Bill or Act:
Public Lands Act
Summary of Decision:
Ontario Regulation 161/17 (Occupation of Public Lands Under Section 21.1 of the Act) was amended to clarify that floating accommodations cannot be placed or used for outdoor accommodation or camping purposes on public land covered by water. To provide this clarity, the definition of "camping unit" was amended to exclude floating accommodations, and definitions were added for "watercraft equipped for overnight accommodation" and "floating accommodation". This amending regulation was filed with the Registrar on June 20, 2023 and is effective as of July 1, 2023.
Ontario Regulation 326/94 (Crown Land Camping Permit) was amended to make the same amendment to the definition of "camping unit" as was made in Ontario Regulation 161/17 and to add the same definitions for "watercraft equipped for overnight accommodation" and "floating accommodation". This amending regulation was filed with the Registrar on June 20, 2023 and is effective as of July 1, 2023.
Analysis of Regulatory Impact (Update):
The amended regulations will clarify that floating accommodations cannot be placed or used for outdoor accommodation or camping purposes on public land covered by water. Prior to amendment, the regulations did not authorize the use of floating accommodations on public land, and the amendments provide clarity in this regard.
There are no direct compliance costs, fees, or cost-savings to the public or regulated entities for complying with the regulatory amendments. Persons who had been complying with the conditions of the regulations to occupy public land prior to the amendments did not need to pay any fees or report any information to the ministry, and this will not change under the amended regulations. Persons who require a Crown Land Camping Permit under O. Reg. 326/94 are required to pay a fee for the permit, but the fee has not been changed. There are also no administrative, upfront capital, or operating costs associated with complying with the amended regulations.
There are no new costs to government associated with implementing or monitoring compliance with the amended regulations.
There are no new administrative costs associated with these regulatory amendments.
As using floating accommodations on public land had not been authorized under the regulations prior to amendment, the amended regulations will not negatively impact businesses marketing floating accommodations for sale or rent, as the amendments did not remove any previously existing authority.
Municipalities that have concerns about the use of floating accommodations are anticipated to experience a benefit from the consistency and clarity of a province-wide approach.
Ontario Regulation 326/94 (Crown Land Camping Permit) was amended to make the same amendment to the definition of "camping unit" as was made in Ontario Regulation 161/17 and to add the same definitions for "watercraft equipped for overnight accommodation" and "floating accommodation". This amending regulation was filed with the Registrar on June 20, 2023 and is effective as of July 1, 2023.
Analysis of Regulatory Impact (Update):
The amended regulations will clarify that floating accommodations cannot be placed or used for outdoor accommodation or camping purposes on public land covered by water. Prior to amendment, the regulations did not authorize the use of floating accommodations on public land, and the amendments provide clarity in this regard.
There are no direct compliance costs, fees, or cost-savings to the public or regulated entities for complying with the regulatory amendments. Persons who had been complying with the conditions of the regulations to occupy public land prior to the amendments did not need to pay any fees or report any information to the ministry, and this will not change under the amended regulations. Persons who require a Crown Land Camping Permit under O. Reg. 326/94 are required to pay a fee for the permit, but the fee has not been changed. There are also no administrative, upfront capital, or operating costs associated with complying with the amended regulations.
There are no new costs to government associated with implementing or monitoring compliance with the amended regulations.
There are no new administrative costs associated with these regulatory amendments.
As using floating accommodations on public land had not been authorized under the regulations prior to amendment, the amended regulations will not negatively impact businesses marketing floating accommodations for sale or rent, as the amendments did not remove any previously existing authority.
Municipalities that have concerns about the use of floating accommodations are anticipated to experience a benefit from the consistency and clarity of a province-wide approach.
Analysis of Regulatory Impact:
If a person is not in compliance with the regulation or navigating, then occupational authority or other permission is required from MNRF to authorize the occupation of public lands covered by water. Note that no new private recreational camps or campsites (e.g., cottage sites, hunt camps, cabin sites) are available for rent or for sale. However, the ministry will consider disposition of public land to accommodate opportunities for socio-economic development that are compatible with environmental and ecological integrity.
We anticipate that the proposal to further define what structures or things cannot be placed and used for overnight accommodation would have a neutral
impact to the houseboat industry. A person renting a houseboat would continue to be considered by MNRF as using it for personal use if navigating the watercraft themselves.
Businesses who are marketing floating accommodations (for sale or rent) for use on public land may experience negative impacts if the purchasers or users of the structures will not be able to use them as intended due to the regulation.
There may be a benefit to marinas if occupants of floating accommodations stay overnight at marinas as an alternative to occupying public land.
Municipalities that have concerns about the use of floating accommodations are anticipated to experience a benefit from the proposed province-wide approach.
There are no new administrative costs associated with this proposal.
We anticipate that the proposal to further define what structures or things cannot be placed and used for overnight accommodation would have a neutral
impact to the houseboat industry. A person renting a houseboat would continue to be considered by MNRF as using it for personal use if navigating the watercraft themselves.
Businesses who are marketing floating accommodations (for sale or rent) for use on public land may experience negative impacts if the purchasers or users of the structures will not be able to use them as intended due to the regulation.
There may be a benefit to marinas if occupants of floating accommodations stay overnight at marinas as an alternative to occupying public land.
Municipalities that have concerns about the use of floating accommodations are anticipated to experience a benefit from the proposed province-wide approach.
There are no new administrative costs associated with this proposal.
Further Information:
Link to Environmental Registry
Proposal Number:
23-MNRF001
Posting Date:
February 24, 2023
Summary of Proposal:
We are proposing to clarify the structures or things that cannot be placed and used for overnight accommodation on water over public land.
We are proposing to amend the regulation to exclude floating accommodations or float homes (house-like structures incorporating a floatation system, intended for use or being used or occupied for residential or longer term purposes and not primarily intended for, or usable in, navigation) or barges with residential units or camping facilities.
Consequential amendments may be required to other regulations under the Public Lands Act.
None of these changes would impact a boater's ability to navigate, including reasonable mooring or anchoring.
None of these changes would apply to a person exercising their rights protected by section 35 of the Constitution Act, 1982 (Aboriginal or treaty rights).
We are proposing to amend the regulation to exclude floating accommodations or float homes (house-like structures incorporating a floatation system, intended for use or being used or occupied for residential or longer term purposes and not primarily intended for, or usable in, navigation) or barges with residential units or camping facilities.
Consequential amendments may be required to other regulations under the Public Lands Act.
None of these changes would impact a boater's ability to navigate, including reasonable mooring or anchoring.
None of these changes would apply to a person exercising their rights protected by section 35 of the Constitution Act, 1982 (Aboriginal or treaty rights).
Contact Address:
Effective Date:
July 1, 2023
Decision:
Approved