OCCUPATION OF PUBLIC LANDS UNDER SECTION 21.1 OF THE ACT

Definitions Definitions 1. In this Regulation, “accommodation unit” means a single-storey cabin or camping unit and includes a tent platform; (“unité d’hébergement”) “breakwall” means a structure erected or placed along or near the water’s edge of a lake, river, stream or pond and that protects land from erosion; (“mur anti-érosion”) “camping unit” means a structure or vehicle that may be used for camping purposes or as an outdoor accommodation and includes a tent, trailer, tent-trailer, recreational vehicle, camper-back and any watercraft equipped for overnight accommodation but does not include a floating accommodation; (“unité de camping”) “environmental monitoring equipment” means any device or apparatus usable for the purpose of investigating, researching or monitoring air, water, flora or fauna, and includes any ancillary equipment, structures or fencing solely required for, and is no more than the minimum required for, the protection, safe use or proper functioning of any such device or apparatus, but does not include mobile wind testing equipment, equipment or structures over 10 metres in height measured from the ground, habitable structures, environmental monitoring equipment used for the exploration or production of hydrogen or helium or used for any activity regulated under the Geologic Carbon Storage Act, 2025, under the Oil, Gas and Salt Resources Act or under Part IV of the Mining Act; (“équipement de surveillance de l’environnement”) “floating accommodation” means a floating building, structure or thing, or a combination of floating buildings, structures or things, equipped or useable for overnight accommodation and not primarily designed to be used for navigation, and includes a floating building, structure or thing, or a combination of floating buildings, structures or things that, (a) is primarily designed for or able to be used for residential purposes, (b) is a raft, barge or floating platform that has on top of it a building, structure, vehicle or thing that may be used for overnight accommodation, for camping purposes or as an outdoor accommodation, (c) would reasonably be expected to require towing to be placed on public lands or is placed on public lands by means of towing or any other type of assistance, (d) is equipped with jack-up technology or a similar mechanism used to anchor or rise above the surface of the water, with or without spud cans, or (e) has a floating foundation or a floatation platform which may include floats constructed of polystyrene, plastic, concrete or logs and stringers; (“hébergement flottant”) “Forest Management Planning Manual” has the same meaning as in the Crown Forest Sustainability Act, 1994; (“Manuel de planification de la gestion forestière”) “forest operations” means forest operations as defined in section 3 of the Crown Forest Sustainability Act, 1994; (“opérations forestières”) “hunting stand” means a tree stand, duck blind, ground blind or ground stand that is used for hunting; (“affût de chasse”) “ice fishing hut” includes a tent, trailer, tent-trailer, recreational vehicle or camper-back that is used for ice fishing purposes; (“cabane de pêche sur glace”) “mobile wind testing equipment” means a portable device, apparatus or vehicle usable for the purpose of assessing wind resource potential or collecting other atmospheric data, and includes portable light or sound detection and ranging devices, as well as any ancillary equipment, structures or fencing solely required for, and is no more than the minimum required for, the protection, safe use or proper functioning of any such device, apparatus or vehicle, but does not include environmental monitoring equipment, equipment or structures over 10 metres in height measured from the ground or habitable structures; (“équipement mobile d’essais éoliens”) “short-term bridge” means a temporary bridge useable for the purpose of natural resource development; (“pont temporaire”) “swim raft” means a raft that is placed in water and anchored in place and used for diving and swimming purposes; (“radeau de baignade”) “trail” includes a trail used for portage purposes; (“sentier”) “trail shelter” means a cabin or roofed structure intended to provide shelter from the elements for persons using a trail; (“abri de sentier”) “watercraft equipped for overnight accommodation” means a watercraft that is, (a) equipped for overnight accommodation, (b) primarily designed for and able to be used for navigation, and (c) self-propelled and steered independently; (“embarcation équipée pour l’hébergement de nuit”) “waterfront property” means a parcel of property that, (a) has a boundary on a lake, river, stream or pond, or (b) is separated from a lake, river, stream or pond only by, (i) a road allowance, or (ii) a strip of public lands that is not more than 30 metres in perpendicular width from the lake, river, stream or pond; (“bien riverain”) “waterfront structure” means a dock, boat ramp, boat lift, boat port or marine railway located along or near the water’s edge of a lake, river, stream or pond, and includes any shade structures such as gazebos, canopies and pergolas that are located on or affixed to a dock. (“structure riveraine”) O. Reg. 161/17, s. 1; O. Reg. 453/19, s. 1; O. Reg. 285/21, s. 1; O. Reg. 131/23, s. 1; O. Reg. 123/26, s. 1. No occupation except in accordance with Act and Regulation 1.1 (1) No person shall occupy public lands under section 21.1 of the Act except in accordance with that section and this Regulation. O. Reg. 123/26, s. 2. (2) Subsection (1) does not prohibit a person from acting under the authority of and in accordance with the terms and conditions of an instrument that is granted under the Act and authorizes an occupation that would otherwise be prohibited by subsection (1). O. Reg. 123/26, s. 2. Types of Buildings, Structures And Things That May Be Erected, Placed or Used on Public Lands Prescribed buildings and shelters 2. The following types of buildings and shelters are prescribed for the purposes of paragraphs 1 and 2 of subsection 21.1 (1) of the Act: 1. A camping unit that is erected, placed or used, i. for non-commercial camping, subject to the conditions set out in section 5, ii. to carry out forest operations, subject to the conditions set out in section 6, or iii. for commercial bait harvesting, subject to the conditions set out in section 7. 2. Accommodation units, and ancillary buildings and structures, that are erected, placed or used for trapping, subject to the conditions set out in section 8. 3. A trail shelter, subject to the conditions set out in section 9. 4. A single-storey boathouse, subject to the conditions set out in section 10. 5. An ice fishing hut, subject to the conditions set out in subsection 11 (1). Prescribed structures 3. The following types of structures are prescribed for the purposes of paragraphs 1 and 2 of subsection 21.1 (1) of the Act: 1. Hunting stands, subject to the conditions set out in section 12. 2. Waterfront structures, subject to the conditions set out in section 13. 3. Swim rafts, subject to the conditions set out in section 14. 4. Breakwalls, and the related backfill, subject to the conditions set out in section 15. 5. Groynes, subject to the conditions set out in section 16. 6. Culverts and causeways, subject to the conditions set out in section 17. 7. Bridges and short-term bridges, subject to the conditions set out in section 17.1. O. Reg. 161/17, s. 3; O. Reg. 123/26, s. 3. Prescribed things 4. The following types of things are prescribed for the purposes of paragraphs 1 and 2 of subsection 21.1 (1) of the Act: 1. Jumps and ramps that are erected, placed or used as part of a water-sport slalom course, subject to the conditions set out in section 18. 2. Boats, including canoes, kayaks and motor boats, subject to the conditions set out in section 19. 3. Heat loops, or water intake pipes, subject to the conditions set out in section 20. 4. Mooring blocks. 5. Harvested wood only if the following conditions are met: i. the person is storing the harvested wood on behalf of the Crown or under the authority of a forest resource licence granted under the Crown Forest Sustainability Act, 1994. ii. the harvested wood is being stored in a wood storage yard that is identified in a forest management plan approved under the Crown Forest Sustainability Act, 1994. iii. storage of the harvested wood in the identified wood storage yard is being undertaken in compliance with the operational standards for wood storage set out in, A. the approved forest management plan applicable to the wood storage yard, and B. any written approval applicable to the wood storage yard issued by the Regional Supervisor, Wood Measurement Section of the Ministry of Natural Resources and Forestry in accordance with the Forest Management Planning Manual. 6. Mobile wind testing equipment, subject to the conditions set out in section 20.1. 7. Environmental monitoring equipment, subject to the conditions set out in section 20.2. O. Reg. 161/17, s. 4; O. Reg. 285/21, s. 2; O. Reg. 123/26, s. 4. Conditions for Occupation - Buildings and other Shelters Camping units: private use 5. (1) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a camping unit for private, non-commercial purposes only if the following conditions are met: 1. The person erects, places or uses the camping unit solely for non-commercial camping purposes. 2. The person does not occupy the public lands, or any other public lands within 100 metres thereof, for more than 21 days in a calendar year. 3. The public lands that are occupied are not part of a road, trail, parking lot or boat launch. (2) This section does not apply to a person who is a non-resident within the meaning of Ontario Regulation 326/94 (Crown Land Camping Permit) made under the Act and who is erecting, placing or using a camping unit for private, non-commercial purposes on public lands in the area described in the Schedule to that Regulation. Same: forest operations 6. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a camping unit in the course of carrying out forest operations only if the following conditions are met: 1. The forest operations are conducted in accordance with a forest management plan approved under the Crown Forest Sustainability Act, 1994 and are identified in an annual work schedule prepared in accordance with the Forest Management Planning Manual. 2. The camping unit is necessary in order for the forest operations to be carried out. 3. The public lands that are occupied are not part of a road, trail, parking lot or boat launch. O. Reg. 161/17, s. 6; O. Reg. 285/21, s. 3. Same: commercial bait harvesting 7. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a camping unit in the course of carrying out commercial bait harvesting only if the following conditions are met: 1. The person is either, i. the holder of a commercial bait licence issued under the Fish and Wildlife Conservation Act, 1997, or ii. a designate named as such in a commercial bait licence referred to in subparagraph i. 2. The person erects, places or uses the camping unit on public lands solely for the purpose of commercial bait harvesting. 3. The public lands that are occupied are not part of a road, trail, parking lot or boat launch. Trapping buildings, etc. 8. (1) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using an accommodation unit or any ancillary building or structure in the course of trapping only if the following conditions are met: 1. The person is the holder of a valid trapping licence issued under the Fish and Wildlife Conservation Act, 1997. 2. The location of the accommodation unit and any ancillary building or structure is within the trapline area specified in the person’s trapping licence. 3. In the trapline area specified in a person’s trapping licence, the person erects, places or uses, i. no more than one main accommodation unit occupying a maximum of 600 square feet of land located at one site in the trapline area, and ii. one or more line accommodation units, if any, occupying a maximum of 400 square feet of land each and located at different sites in the trapline area. 4. The ancillary buildings or structures are erected or placed at the site of a main or line accommodation unit and meet the requirements set out in subsection (2). 5. Every accommodation unit has an identification plate provided by the Ministry displayed at all times in a visible location on the outside of the unit. (2) Only the following ancillary buildings and structures may be erected, placed or used at the site of an accommodation unit: 1. In the case of a main accommodation unit, i. one building or structure that does not exceed 200 square feet and that may be used only for the purpose of skinning and fur preparation, ii. one building or structure that does not exceed 200 square feet and that may be used only for the purpose of equipment, fuel and motorized vehicles, and iii. a privy. 2. In the case of a line accommodation unit, i. a privy, and ii. one building or structure that does not exceed 200 square feet. Trail shelters 9. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a trail shelter only if the following conditions are met: 1. The shelter is erected or placed adjacent to a trail. 2. The shelter does not provide facilities for overnight accommodation and the person does not use the shelter for purposes of overnight accommodation. 3. The shelter is open to the public and available free of charge. Single-storey boathouses 10. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a single-storey boathouse near or partially on waterfront property only if the following conditions are met: 1. The person owns or occupies the waterfront property. 2. The boathouse is secured or affixed to, or is attached to a dock that is secured or affixed to, i. the waterfront property, or ii. the road allowance or the strip of public lands that separates the waterfront property from the lake, river, stream or pond, at a location that, if the sidelines of the waterfront property were extended in a straight line to the water’s edge, lies between those extended sidelines. 3. In the case of a boathouse that is secured or affixed to, or is attached to a dock that is secured or affixed to a road allowance: i. The boathouse or dock may obstruct the entire road allowance where the road allowance is not used for public travel by pedestrians or vehicles. ii. The boathouse or dock must be located at least two metres from the edge of the travelled portion of the road allowance if the road allowance is used for public travel by pedestrians or vehicles. 4. The boathouse is a single-storey building and the interior of the boathouse is designed and used solely for the purpose of storing and docking boats and related equipment. 5. The person erects, places and uses the boathouse on public lands solely for private, non-commercial purposes. O. Reg. 161/17, s. 10; O. Reg. 453/19, s. 2. Ice fishing huts 11. (1) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using an ice fishing hut only if the following conditions are met: 1. The ice fishing hut is located on ice covering a frozen lake, river, stream or pond. 2. The person uses the ice fishing hut solely for the purpose of ice fishing or as an overnight accommodation used while ice fishing. (2) This section does not apply to a person who is a non-resident within the meaning of Ontario Regulation 326/94 (Crown Land Camping Permit) made under the Act and who is erecting, placing or using an ice fishing hut as an overnight accommodation on public lands in the area described in the Schedule to that Regulation. Conditions for Occupation - Structures Hunting stands 12. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a hunting stand only if the following conditions are met: 1. The person erects, places and uses the hunting stand solely for the purposes of hunting. 2. The person does not use the hunting stand for overnight accommodation. Waterfront structures 13. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a waterfront structure near or partially on waterfront property only if the following conditions are met: 1. The person owns or occupies the waterfront property. 2. The waterfront structure is secured or affixed to, or is attached to a dock that is secured or affixed to, i. the waterfront property, or ii. the road allowance or the strip of public lands that separates the waterfront property from the lake, river, stream or pond, at a location that, if the sidelines of the waterfront property were extended in a straight line to the water’s edge, lies between those extended sidelines. 3. In the case of a waterfront structure that is secured or affixed to, or is attached to a dock that is secured or affixed to a road allowance: i. The waterfront structure or dock may obstruct the entire road allowance where the road allowance is not used for public travel by pedestrians or vehicles. ii. The waterfront structure or dock must be located at least two metres from the edge of the travelled portion of the road allowance if the road allowance is used for public travel by pedestrians or vehicles. 4. The person does not charge a fee to any other person for use of the waterfront structure. 5. In the case of a waterfront structure that is a shade structure such as a gazebo, canopy or pergola, the structure is not equipped or used for purposes of overnight accommodation. O. Reg. 161/17, s. 13; O. Reg. 453/19, s. 3. Swim rafts, etc. 14. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a swim raft near waterfront property only if the following conditions are met: 1. In any given year, the raft shall not be placed in the water before the ice breaks up in the spring and shall be removed from the water before November 1. 2. The person owns or occupies the waterfront property. Breakwall and related backfill 15. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a breakwall, or of placing or using any related backfill, near or partially on waterfront property, only if the following conditions are met: 1. The person owns or occupies the waterfront property. 2. If the sidelines of the waterfront property were extended in a straight line into the lake, river, stream or pond along which the breakwall is situated, the breakwall and related backfill would be situated within those extended sidelines. 3. The location of the breakwall meets one of the following criteria: i. It is located along the water’s edge of the lake, river, stream or pond. ii. It runs parallel to the water’s edge at a distance that is the minimum distance required to protect the waterfront property, or the abutting road allowance or strip of public lands, as the case may be, from erosion. O. Reg. 161/17, s. 15; O. Reg. 453/19, s. 4. Groynes 16. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a groyne near or partially on waterfront property only if the following conditions are met: 1. The person owns or occupies the waterfront property. 2. The groyne extends into a lake or river from, i. the waterfront property, or ii. the road allowance or the strip of public lands that separates the waterfront property from the lake or river, at a location that, if the sidelines of the waterfront property were extended in a straight line to the water’s edge, lies between those extended sidelines. O. Reg. 161/17, s. 16; O. Reg. 453/19, s. 5. Culverts and causeways 17. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a culvert or causeway only if one of the following conditions is met: 1. The person is constructing or using a culvert or causeway as part of forest operations and the construction or use is authorized under a forest management plan approved under the Crown Forest Sustainability Act, 1994. 2. The person is constructing or using a culvert of three metres in width or less for any purpose other than as part of forest operations. 3 The person, i. is constructing or using a culvert that measures more than three metres in width or a causeway for any purpose other than as part of forest operations, and ii has entered into an agreement with the Minister under the Act respecting the maintenance of or repairs to the culvert or causeway or its inspection or decommissioning. O. Reg. 123/26, s. 5. Bridges 17.1 (1) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a bridge only if one of the following conditions are met: 1. The person is constructing or using a bridge as part of forest operations and the construction or use is authorized under a forest management plan approved under the Crown Forest Sustainability Act, 1994. 2. The person, i. is constructing or using a bridge for any purpose other than as part of forest operations, and ii. has entered into an agreement with the Minister under the Act respecting the maintenance of or repairs to the bridge or its inspection or decommissioning. O. Reg. 123/26, s. 5. (2) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a short-term bridge, if the following conditions are met: 1. The person shall, in accordance with section 26, submit for registration the geographic point of the location of the public lands to be occupied by the short-term bridge and submit to the Ministry all information required under subsection 26 (4). 2. The person shall not commence any work related to the occupation until 10 days after the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry. 3. If the public lands to be occupied are subject to an energy procurement contract entered into by the Independent Electricity System Operator, the person satisfies the Ministry that they have the consent of the person with whom the Independent Electricity System Operator has entered into a contract, unless the person proposing the occupation is that person. 4. If the public lands to be occupied are in an area for which the Ministry has recognized a person’s exclusive eligibility to apply for authorizations related to waterpower or onshore wind development, the person satisfies the Ministry that they have the consent of the person with exclusive eligibility, unless the person proposing the occupation is that person. 5. Prior to the submission of the geographic point for registration as described in paragraph 1, the person shall ensure that the following is prepared: i. bridge design drawings sealed and signed by a professional engineer licensed under the Professional Engineers Act, and ii. dated photographs of the location where the short-term bridge will be constructed. 6. The documentation required to be prepared under paragraph 5 shall be retained for a period of no less than one year following the date of termination of the occupation by the person and be made available to the Ministry upon request. 7. The occupation shall not exceed a period of two years and 10 days starting on the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry as described under paragraph 2. 8. The short-term bridge is, i. designed by a professional engineer, licensed under the Professional Engineers Act to, A. span any watercourse channel with no disturbance or in-filling below the high-water mark or to span any other valley feature with no disturbance below the top of bank, B. have sufficient height to safely pass the 25-year flood which is a flood event that has a 4% probability of being equalled or exceeded in any single year, C. maintain a minimum freeboard of 0.5 m, which is an area measured vertically between the lowest part of the short-term bridge’s soffit and the design flood flow water elevation of the 25-year flood, and D. meet any applicable safety requirements and be safe for use for the duration of the occupation, ii. constructed in accordance with the design specifications set out in subparagraph i, iii. inspected and evaluated as safe for use by a professional engineer, licensed under the Professional Engineers Act, immediately after its construction, and iv. is kept in a state of good repair and maintained by the person for continued safe usage for the duration of the occupation. 9. Within 10 days of the completion of the construction of the short-term bridge, the person shall ensure that the following is prepared: i. dated photographs of the short-term bridge as constructed, ii. a written report sealed and signed by a professional engineer, licensed under the Professional Engineers Act, that confirms that the conditions in subparagraphs 8 i to iii have been satisfied and that the short-term bridge is safe for use for the duration of the occupation, iii. a decommissioning plan sealed and signed by a professional engineer, licensed under the Professional Engineers Act that sets out: A. the steps for removal of the short-term bridge in a manner that ensures public safety and considers how the removal of the short-term bridge will impact any roads or access points, B. the steps for restoring the lands to a clean and safe condition, and to the extent possible, to the condition the lands were in prior to the erection or placement of the short-term bridge, C. the signage to be installed in relation to the removal of the short-term bridge, and iv. any updates to the decommissioning plan, sealed and signed by a professional engineer licensed under the Professional Engineers Act, necessary as a result of any new roads or access points being constructed after the short-term bridge is constructed. 10. The documentation required to be prepared under paragraph 9 shall be retained for a period of no less than one year following the date of termination of the occupation by the person and be made available to the Ministry upon request. 11. After 13 months following the completion of the erection or placement of the short-term bridge, the person shall ensure that a written report, sealed and signed by a professional engineer licensed under the Professional Engineers Act, is prepared that confirms that, after at least one year of use, the short-term bridge has been inspected and evaluated as safe for continued use. 12. The report required to be prepared under paragraph 11 shall be retained for a period of no less than one year following the date of termination of the occupation by the person and be made available to the Ministry upon request. 13. During the period of the occupation, the person shall post signage, i. indicating that the bridge is a temporary short-term bridge and the targeted date of its removal, which shall be consistent with the date of termination of the occupation and, if there is a change to that date, made in accordance with this Regulation, the sign shall be updated promptly to reflect the change, and ii. in the following circumstances, indicating that the short-term bridge is not available for use, A. before the short-term bridge is inspected and evaluated as safe under subparagraph 8 iii, B. if the inspection and evaluation required under subparagraph 8 iii are not completed or if the short-term bridge is inspected and found to be unsafe for continued use, C. if the short-term bridge becomes unsafe for use at any point during the period of time described in paragraph 7. 14. If the short-term bridge becomes unsafe for use at any point during the period of time described in paragraph 7, the person shall immediately notify the Ministry by email at an address identified for the purposes of such a notice on a website of the Government of Ontario and provide details of how the person will address the unsafe condition, post the necessary signage or remove the short-term bridge. 15. In the course of the erection, placement and decommissioning of the short-term bridge and restoration of the occupied public lands, i. no watercourse shall be realigned, ii. no bed or banks below the high-water mark of any watercourse or lands below the top of bank of a valley feature spanned by the short-term bridge shall be dredged, filled, graded or excavated, iii. no blasting or pile driving shall occur, iv. only clean and non-erodible materials are used and, if concrete is used, only pre-cast concrete is used, v. erosion and sediment controls shall be put in place for the erection, placement and decommissioning of the short-term bridge and for restoration of the occupied public lands, and vi. any machinery with tracks or wheels is operated above the high-water mark or on ice in a manner that does not disturb any vegetation below the high-water mark of any watercourse or below the top of bank of a valley feature or in a manner that minimally disturbs any vegetation above the high-water mark of any watercourse or the top of bank of a valley feature. 16. The short-term bridge shall not be constructed on top of an existing bridge, or to supplement any part of an existing bridge. 17. If the occupation of the public lands by the short-term bridge is to end on a date before the termination date submitted under subsection 26 (4), the person shall notify the Ministry by email at an address identified for the purposes of such a notice on a website of the Government of Ontario, at least 30 days in advance, of the new termination date of the occupation. 18. The person shall remove the short-term bridge in accordance with the decommissioning plan prepared under paragraph 9 and the termination date submitted under subsection 26 (4) or, if applicable, the new termination date of the occupation set out in a notice to the Ministry under paragraph 17, unless, i. a document has been issued under the Act that authorizes the person to occupy the public lands for the purposes of the continued use of the bridge that was previously authorized as a short-term bridge, or ii. the requirements of subsection (1) have been satisfied. 19. Within 10 days after the implementation of the decommissioning plan, the person shall ensure that a report is prepared that describes and contains photographs documenting the work done to implement the decommissioning plan, including the restoration of the lands where the short-term bridge was constructed, the installation of any barriers or signs and any other steps that were taken. 20. The report required to be prepared under paragraph 19 shall be retained for a period of no less than one year following the date of termination of the occupation by the person and be made available to the Ministry upon request. 21. Within 15 days of the date of termination of the occupation, the person shall, in accordance with section 26, submit to the Ministry all things required to be prepared and retained under this subsection. O. Reg. 123/26, s. 5. (3) No person is authorized under subsection (2) to construct a short-term bridge at a geographic point if there was a prior registration of a geographic point for the same short-term bridge. O. Reg. 123/26, s. 5. Conditions for Occupation - Things Jumps and ramps 18. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using jumps and ramps in the water as part of a water-sport slalom course only if, in any given year, the jumps and ramps are placed in the water after the ice breaks up and are removed from the water on or before November 1. Boats 19. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of placing a boat, whether a canoe, kayak, motor boat or any other kind of boat, only if the following conditions are met: 1. The boat is placed solely for the purpose of storage associated with a non-commercial activity. 2. The public lands on which the boat is placed are adjacent to a waterway. 3. The public lands that are occupied are not part of a road, trail, parking lot or boat launch. 4. The public lands are not located in the area depicted as Part I in the map entitled “Plan of the Boundary of the Boat Cache Program Area”, dated May 4, 2017 and available to the public at the Office of the Surveyor General in Peterborough. Heat loops and water intake pipes 20. A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using a heat loop or water intake pipes near or partially on waterfront property only if the following conditions are met: 1. The person owns or occupies the waterfront property. 2. The heat loop crosses, or the water intake pipes cross, one of the following locations: i. Any part of the boundary between the waterfront property and the lake, river, stream or pond in which the heat loop is placed or the water intake pipes are placed. ii. The road allowance or the strip of public lands that separates the waterfront property from the lake, river, stream or pond, at a location that, if the sidelines of the waterfront property were extended in a straight line to the water’s edge, lies between those extended sidelines. 3. In the case of a heat loop or a water intake pipe that crosses a road allowance: i. The heat loop or water intake pipe may obstruct the entire road allowance where the road allowance is not used for public travel by pedestrians or vehicles. ii. The heat loop or water intake pipe must be erected or placed in a manner that does not obstruct the travelled portion of the road allowance if the road allowance is used for public travel by pedestrians or vehicles. 4. The heat loop is used, or the water intake pipes are used, solely for the purpose of supplying water to buildings situated on the waterfront property that are used in connection with a private residence. O. Reg. 161/17, s. 20; O. Reg. 453/19, s. 6. Mobile wind testing equipment 20.1 (1) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using mobile wind testing equipment only if the following conditions are met: 1. The person shall, in accordance with section 26, submit for registration the geographic point of the location of the public lands to be occupied by the mobile wind testing equipment and submit to the Ministry all the information required under subsection 26 (4). 2. The person shall not commence any work related to the occupation until 10 days after the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry. 3. If the public lands to be occupied are subject to an energy procurement contract entered into by the Independent Electricity System Operator, the person satisfies the Ministry that they have the consent of the person with whom the Independent Electricity System Operator has entered into a contract, unless the person proposing the occupation is that person. 4. If the public lands to be occupied are in an area for which the Ministry has recognized a person’s exclusive eligibility to apply for authorizations related to waterpower or onshore wind development, the person satisfies the Ministry that they have the consent of the person with exclusive eligibility, unless the person proposing the occupation is that person. 5. The occupation shall not exceed a period of three years and 10 days starting on the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry under paragraph 2. 6. The area of public lands occupied is not within 15 metres of another area of public lands occupied for the purpose of erecting, placing or using mobile wind testing equipment. 7. The area of the public lands occupied does not exceed a single area of 200 square metres around the geographic point. 8. The mobile wind testing equipment is not stored on public lands when not in use. 9. The public lands that are occupied are not part of a road, trail, parking lot or boat launch. 10. If the occupation of the public lands by the mobile wind testing equipment is to end on a date before the termination date submitted under subsection 26 (4), the person shall notify the Ministry by email at an address identified for the purposes of such a notice on a website of the Government of Ontario, at least 10 days in advance, of the new termination date of the occupation. O. Reg. 123/26, s. 6. (2) No person is authorized under this section to use mobile wind testing equipment other than the person that has erected or placed the mobile wind testing equipment under this section. O. Reg. 123/26, s. 6. Environmental monitoring equipment 20.2 (1) A person is authorized to occupy public lands under section 21.1 of the Act for the purpose of erecting, placing or using environmental monitoring equipment only if the following conditions are met: 1. The person shall, in accordance with section 26, submit for registration the geographic point of the location of the public lands to be occupied by the environmental monitoring equipment and submit to the Ministry all the information required under subsection 26 (4), as well as a description of the equipment and any ancillary equipment, structure or fencing to be erected or placed. 2. The person shall not commence any work related to the occupation until 10 days after the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry. 3. If the public lands to be occupied are subject to an energy procurement contract entered into by the Independent Electricity System Operator, the person satisfies the Ministry that they have the consent of the person with whom the Independent Electricity System Operator has entered into a contract, unless the person proposing the occupation is that person. 4. If the public lands to be occupied are in an area for which the Ministry has recognized a person’s exclusive eligibility to apply for authorizations related to waterpower or onshore wind development, the person satisfies the Ministry that they have the consent of the person with exclusive eligibility, unless the person proposing the occupation is that person. 5. The occupation shall not exceed a period of three years and 10 days starting on the date of the confirmation from the Ministry indicating that the geographic point and the required information have been received by the Ministry under paragraph 2. 6. The area of public lands occupied shall not exceed a single area of 100 square metres around the registered geographic point. 7. The public lands that are occupied are not part of a road, trail, parking lot or boat launch. 8. The environmental monitoring equipment shall not be stored on public lands when not in use. 9. In the case of environment monitoring equipment that is a well, i. all applicable requirements in Regulation 903 of the Revised Regulations of Ontario, 1990 (WELLS) made under the Ontario Water Resources Act are satisfied, ii. any borehole for a well does not exceed an outside diameter of 122.6 millimetres, and iii. in the case of dry land drilling for a well, all drilling fluids and cuttings are left in the area described in paragraph 6 and are left more than 30 metres away from any water body. 10. If the occupation of the public lands by the environmental monitoring equipment is to end on a date before the termination date submitted under subsection 26 (4), the person shall notify the Ministry by email at an address identified for the purposes of such a notice on a website of the Government of Ontario, at least 10 days in advance, of the new termination date of the occupation. O. Reg. 123/26, s. 6. (2) No additional authorization under the Act or any regulation under the Act is required for any sealed well, including the casing, that was erected, placed or used in accordance with this Regulation to remain on the public lands. O. Reg. 123/26, s. 6. (3) No person is authorized under this section to place a well at the location of an existing well or sealed well. O. Reg. 123/26, s. 6. (4) No person is authorized under this section to use environmental monitoring equipment other than the person that has erected or placed the environmental monitoring equipment under this section. O. Reg. 123/26, s. 6. Archaeological Artifacts Discovery of archaeological artifacts or human remains 20.3 (1) If an artifact is discovered while work is being carried out in relation to an occupation referred to in this Regulation on public lands, the person shall ensure all work ceases immediately and shall notify the Ministry of the discovery by email at an address identified for the purposes of such a notice on a website of the Government of Ontario. O. Reg. 123/26, s. 7. (2) If any human remains are discovered while work is being carried out in relation to an occupation on public lands, the person shall ensure all work ceases immediately and that the police or coroner is notified under the Funeral, Burial and Cremation Services Act, 2002. O. Reg. 123/26, s. 7. Where Work Permits Required Where work permit required 21. For greater certainty, the authorization to occupy public lands under section 21.1 of the Act for the purpose of erecting or placing a building, structure or thing on the public lands does not exempt the person so authorized from the obligation of obtaining a work permit under the Act if the erecting or placing of the building, structure or thing is an activity for which a work permit is required under Ontario Regulation 239/13 (Activities on Public Lands and Shore Lands - Work Permits and Exemptions) made under the Act. Exclusion of Public Lands under Subsection 21.1 (5) of the Act Public land excluded 22. For the purposes of clause 21.1 (5) (d) of the Act, section 21.1 does not apply to public lands if any of the following conditions apply: 1. The public lands are located in the Far North, as that term is defined in section 2 of the Far North Act, 2010, and, i. they are subject to a community based land use plan prepared and approved under that Act, and ii. the purpose for which the person wishes to occupy the public lands is not consistent with the community based land use plan. 2. The person wishes to enter the public lands for a particular purpose and entry on the public lands for that purpose is prohibited under the Trespass to Property Act. 3. The public lands are subject to a lease of surface rights, or to a lease of both surface and mining rights, that was granted under the Mining Act. 4. The public lands are a road allowance and a road authority other than the Ministry has authority in respect of the lands and has not consented to their occupation. 5. The public lands are an archaeological site in the Ontario Archaeological Sites Database maintained by the Ministry of Citizenship and Multiculturalism, an area where an artifact has been discovered and archaeological fieldwork has not been completed or an area where there is a burial site or where human remains have been discovered. O. Reg. 161/17, s. 22; O. Reg. 453/19, s. 7; O. Reg. 123/26, s. 8. Limitation on Extent of Occupation Additional lands 23. For the purposes of clause 21.1 (6) (b) of the Act, the amount of public lands that may be occupied by a person under section 21.1 of the Act in the course of erecting or placing a building, structure or thing on public lands is no more than the minimum amount of public lands that is required to be occupied for that purpose. Notice to Vacate Public Lands Date of beginning of occupation 23.1 An occupation under subsection 17.1 (2) or sections 20.1 or 20.2 is deemed to have begun on the date of the confirmation from the Ministry to the person proposing the occupation indicating that the geographic point and the required information have been received by the Ministry and, for the purposes of subsection 21.1 (8) of the Act, a notice to vacate may be given at any time on or after that day. O. Reg. 123/26, s. 9. Manner of giving notice 24. For the purposes of subsection 21.1 (10) of the Act, the Minister shall give notice, (a) by posting the notice on the building, structure or thing in a visible location; (b) by personal delivery; (c) by registered mail; or (d) by email. O. Reg. 161/17, s. 24; O. Reg. 123/26, s. 10. Culverts, Causeways, Bridges and Short-term Bridges Decommissioning, right of passage 24.1 For greater certainty, the implementation of any decommissioning requirements under this Regulation applicable to culverts, causeways, bridges and short-term bridges has the effect of removing any common law right of passage of the public over the culvert, causeway, bridge, or short-term bridge. O. Reg. 123/26, s. 11. Waterfront Property Licences of occupation, etc. 25. A requirement under paragraph 1 of section 10, 13, 15, 16 or 20 or paragraph 2 of section 14 that a person own or occupy a waterfront property is sufficiently met if, (a) the person holds a lease under the Act for the waterfront property; or (b) the person occupies the waterfront property under a licence of occupation or land use permit obtained under the Act. O. Reg. 453/19, s. 8. Registration and Submission Requirements Registration 26. (1) This section applies to a person required to submit for registration a geographic point or submit any other thing under this Regulation. O. Reg. 123/26, s. 13. (2) No person may submit for registration under this Regulation a geographic point in the areas around a registered geographic point described in paragraph 7 of section 20.1 or in paragraph 6 of section 20.2, unless the person submitting the registration is the person that received the confirmation from the Ministry with respect to a registered geographic point. O. Reg. 123/26, s. 13. (3) Any geographic point required to be submitted for registration and any other thing required to be submitted under this Regulation shall be submitted in the manner specified on a website of the Government of Ontario. O. Reg. 123/26, s. 13. (4) When submitting a geographic point for registration under this Regulation, the person shall also submit to the Ministry the following information: 1. The person’s legal name and any name under which the person, if they are a corporation, carries on business in relation to the proposed occupation. 2. The person’s mailing address, phone number and email address and, if they are a corporation, the name and email address of a contact person. 3. The termination date of the proposed occupation. O. Reg. 123/26, s. 13. (5) A person to whom this section applies shall ensure that the information they provide is complete, accurate and readable. O. Reg. 123/26, s. 13. (6) Any person who provides false or misleading information, including in documentation requested by the Ministry, is deemed not to have satisfied the requirements to which the information relates under this Regulation. O. Reg. 123/26, s. 13. (7) If the Ministry becomes aware of a clerical, grammatical or typographical error in any information that has been registered, the Ministry may correct the error in the registered information.

O. Reg. 123/26, s. 13. (8) The Ministry shall make geographic points registered under this Regulation available to the public and may remove registered geographic points after the termination of the occupation. O. Reg. 123/26, s. 13. Restoration and Decommissioning of Occupied Public Lands Duty to restore occupied public lands 27. If a person erected or placed a building, structure or thing under this Regulation and is no longer using or is no longer authorized to use the building, structure or thing, the person shall, (a) restore the lands to a clean and safe condition, and to the extent possible, to the condition the lands were in prior to the occupation; and (b) remove and decommission the building, structure or thing in accordance with this Regulation or any other applicable laws. O. Reg. 123/26, s. 13.