Public Lands Act

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Sections201

• 1Definitions

  1 In this Act, “boat” includes a motorboat, rowboat, canoe, punt, sailboat or raft; (“bateau”) “conveyance” means a vehicle, boat or aircraft; (“moyen de transport”) “Deputy Minister” means the deputy minister of the Minister; (“sous-ministre”) “land use plan” means a land use plan mentioned in subsection 12 (2); (“plan d’aménagement du territoire”) “mines and minerals” includes gold, silver, copper, lead, iron and other mines and minerals, and quarries, and beds of stone, marble or gypsum; (“mines et minéraux”) “Minister” means the member of the Executive Council to whom responsibility for the administration of this Act or part of this Act is assigned or transferred under the Executive Council Act; (“ministre”) “Ministry” means the ministry of the Minister; (“ministère”) “officer” means an officer appointed to carry out and enforce this Act and the regulations under subsection 5 (1); (“…

• 1.
• [s1]

  PART I THE MINISTRY

• PART I MINISTRY OF NATURAL RESOURCES
• 2Function of Minister

  2 (1) The Minister shall have charge of the management, sale and disposition of the public lands and forests. R.S.O. 1990, c. P.43, s. 2. Agreements (2) The Minister may enter into agreements with any person for the purpose of carrying out his or her duties under this Act. 1998, c. 18, Sched. I, s. 48. Delegation of powers (3) In addition to the authority given the Minister to delegate powers to an employee of the ministry under section 7 of the Ministry of Natural Resources Act, the Minister may delegate any of his or her powers under this Act that are prescribed by regulation to a person or body prescribed by the regulations, subject to the limitations prescribed by the regulations. 2012, c. 8, Sched. 49, s. 1. Crown not liable for delegate’s acts (4) No action or other proceeding shall be instituted against the Crown, the Minister, or any official or employee of the Ministry for any a…

• 2.
• 3Public reserves

  3 (1) Where 25 per cent or more of the frontage of lands fronting on a body of water are public lands, lands comprising at least 25 per cent of the frontage and to such depth as the Minister considers appropriate shall be set apart for recreational and access purposes and, where less than 25 per cent of the frontage of lands fronting on a body of water are public lands, all public lands fronting thereon and to such depth as the Minister considers appropriate shall be set apart for such purposes. R.S.O. 1990, c. P.43, s. 3. Transfers, dispositions, etc. (2) Nothing in subsection (1) prevents the Minister from doing any of the following: 1. Ordering the transfer of the administration and control of public lands in accordance with section 37.1. 2. Directing the disposal of public lands for the purpose of implementing an agreement involving the Crown in right of Ontario and an Indigenous com…

• 3.
• 4Power to make regulations

  4 The Lieutenant Governor in Council may make such regulations as the Lieutenant Governor in Council considers necessary to carry out the provisions of this Act, or to meet cases for which no provision is made by this Act. R.S.O. 1990, c. P.43, s. 4. Officers

• 4.
• 5Appointment

  5 (1) The Minister may appoint such officers to carry out and enforce this Act and the regulations as the Minister considers necessary. R.S.O. 1990, c. P.43, s. 5 (1). Entry upon private land (2) Subject to subsection (4), an officer appointed under subsection (1) and any person accompanying that officer and acting under the officer’s instructions may, at all reasonable times and upon producing proper identification, enter and inspect any private land for the purposes of this Act. R.S.O. 1990, c. P.43, s. 5 (2). (3) Repealed: 2016, c. 8, Sched. 5, s. 2. Search warrant (4) An officer or any person accompanying the officer and acting under the officer’s instructions shall not enter any room or place actually used as a dwelling without the consent of the occupier, except under the authority of a search warrant issued under section 158 of the Provincial Offences Act. R.S.O. 1990, c. P.43, s.…

• 5.
• 6Exercise of powers

  6 The powers conferred on the Minister by this Act shall be exercised subject to the regulations and they may also be exercised by the Lieutenant Governor in Council. R.S.O. 1990, c. P.43, s. 6.

• 6.
• 7Surveys and annulments

  7 (1) The Minister may cause any public lands to be surveyed or subdivided and may annul in whole or in part any survey or subdivision made under this section or a predecessor of this section. R.S.O. 1990, c. P.43, s. 7 (1). Amended plans (2) Where a plan of survey or subdivision made under subsection (1) or a predecessor of subsection (1) has been or is lodged with the proper land registrar and the Minister annuls in whole or in part the survey or subdivision, the Minister shall cause an amended plan to be lodged with such land registrar. R.S.O. 1990, c. P.43, s. 7 (2). Substitution of letters patent (3) Where letters patent have been issued for any land that is affected by an annulment under subsection (1), the Minister shall cause the letters patent to be cancelled and letters patent containing a revised description of the land to be issued in their stead and letters patent heretofore…

• 7.
• 8Altering and amending plan

  8 (1) Where in any instrument, including a Crown grant, there is a description of a township lot or any part of a township lot and by reason of an error in the original survey of the boundaries of any lake, river or stream the whole or part of which is situate in or flows through the township or by reason of no survey of such boundaries having been made in the original survey of the township the boundaries of such lot or part do not approximate the boundaries of such lot or part as established by a resurvey of the township or any part thereof, the Minister may cause an altering and amending plan to be prepared by an Ontario land surveyor. R.S.O. 1990, c. P.43, s. 8 (1). Manner of preparation (2) Every altering and amending plan shall conform as nearly as may be to a plan of subdivision under section 144 of the Land Titles Act or section 78 of the Registry Act, as the case may be, except …

• 8.
• 9Where survey required

  9 (1) Where an application to purchase public lands that are open for sale but are not surveyed is received, the Surveyor General may require the applicant to have a survey made and to bear the cost thereof, or may fix the survey fee to be paid by the applicant, and upon payment of the survey fee the Surveyor General shall cause the lands to be surveyed. R.S.O. 1990, c. P.43, s. 9 (1). Idem (2) The requirements of subsection (1) are additional to the payment of the sale price of the lands. R.S.O. 1990, c. P.43, s. 9 (2).

• 9.
• [s10]

  Grants, Sales, Licences of Occupation, etc.

• 10Repealed

  10 Repealed: 2000, c. 26, Sched. L, s. 9 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (1) - 6/12/2000

• 10.
• 11Public lands set apart for different purposes

  11 (1) The Minister may set apart areas of public lands for any purpose that will benefit research in, and the management, utilization and administration of, the public lands and forests. R.S.O. 1990, c. P.43, s. 11 (1); 2021, c. 34, Sched. 23, s. 4. (2) Repealed: 2010, c. 16, Sched. 10, s. 4 (1). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (1) - 25/10/2010 2021, c. 34, Sched. 23, s. 4 - 02/12/2021

• 11.
• 12Designating planning units

  12 (1) The Minister may designate as a planning unit all or any area of public land that is not a planning area, as defined in the Far North Act, 2010, to which a community based land use plan, as defined in that Act, applies. 2010, c. 18, s. 25 (2). Land use plan (2) The Minister may require that a land use plan be prepared for a planning unit. 2010, c. 18, s. 25 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 49 - no effect - see 2010, c. 18, s. 25 (3) - 31/01/2011 2010, c. 18, s. 25 (2) - 31/01/2011

• 12.
• 12. #14
• 12.1Land use planning

  12.1 (1) The Minister may establish policies and guidelines for land use planning. 2010, c. 18, s. 25 (2). Advisory committees (2) The Minister may establish one or more advisory committees to provide the Minister with advice on land use planning. 2010, c. 18, s. 25 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 49 - no effect - see 2010, c. 18, s. 25 (3) - 31/01/2011 2010, c. 18, s. 25 (2) - 31/01/2011

• 12.2Land use plans

  12.2 (1) A land use plan shall be prepared in accordance with the land use planning policies and guidelines mentioned in subsection 12.1 (1). 2010, c. 18, s. 25 (2). Approval required (2) A land use plan is of no effect unless the Minister approves it, as the Minister considers appropriate. 2010, c. 18, s. 25 (2). Amendments (3) The Minister may, at any time, amend, in accordance with the land use planning policies and guidelines, a land use plan that the Minister previously approved. 2010, c. 18, s. 25 (2). No hearing required (4) The Minister is not required to hold or afford to any person an opportunity for a hearing before exercising any powers under this section. 2010, c. 18, s. 25 (2). (5) Repealed: 2020, c. 18, Sched. 6, s. 63. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 49 - no effect - see 2010, c. 18, s. 25 (3) - 31/01/2011 2010, c. 18, s. 25 (2) - 3…

• 12.3Consistent activities

  12.3 (1) All activities carried out within a planning unit designated under subsection 12 (1) shall be consistent with the land use plan approved for the planning unit. 2010, c. 18, s. 25 (2). Minister’s order (2) The Minister may, by order, require any person to stop any activity that, in the opinion of the Minister, contravenes subsection (1). 2010, c. 18, s. 25 (2). Compliance (3) No person shall contravene or fail to comply with the Minister’s order. 2010, c. 18, s. 25 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 49 - no effect - see 2010, c. 18, s. 25 (3) - 31/01/2011 2010, c. 18, s. 25 (2) - 31/01/2011

• 12.4

  12.4 Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 49 - no effect - see 2010, c. 18, s. 25 (3) - 31/01/2011 2009, c. 12, Sched. L, s. 22 - 14/05/2009

• 13Restricted areas

  13 (1) The Minister may designate any area in territory without municipal organization as a restricted area, and may issue permits for the erection of buildings or structures or the making of improvements on lands in any such area on such terms and conditions in any case as the Minister considers proper. R.S.O. 1990, c. P.43, s. 13 (1); 2021, c. 34, Sched. 23, s. 5. Permits (2) Except under the authority of a permit issued under this Act, no person shall erect or cause to be erected any building or structure or make or cause to be made any improvement on any lands in any area in territory without municipal organization that is designated by the Minister as a restricted area. R.S.O. 1990, c. P.43, s. 13 (2). Offences (3) Every person who erects or causes to be erected a building or structure or makes or causes to be made any improvement on lands in an area designated by the Minister as a …

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• 13.
• 14Regulations re work permits

  14 (1) The Lieutenant Governor in Council may make regulations, (a) governing activities that may be carried out on public lands and on shore lands, including requiring that such activities be carried out in accordance with the regulations and prohibiting certain activities on public lands or shore lands unless the activity is carried out in accordance with the terms and conditions of a work permit; (b) defining “shore lands” for the purpose of clause (a); (c) governing the issue, refusal, renewal and cancellation of work permits and prescribing their terms and conditions; (d) providing for and governing appeals from a refusal to issue or renew a work permit, from the cancellation of a work permit or from the imposition of terms and conditions in a work permit; (e) exempting any person or class of person from the requirement of obtaining a work permit to carry out an activity on public l…

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• 14.
• 15Regulations re sale or lease of public lands

  15 (1) The Lieutenant Governor in Council may make regulations, (a) prohibiting or regulating and controlling the sale or lease of public lands for any specified purpose or use, other than agricultural purposes, and fixing the prices or rentals and the terms and conditions of sale or lease; (b) fixing the periods for which the Minister may extend the time for performance of a term or condition of a sale or lease under subsection 23 (2). R.S.O. 1990, c. P.43, s. 15 (1); 2021, c. 34, Sched. 23, s. 6. Terms and conditions of sale or lease (2) The Minister may fix such terms and conditions of sale or lease as the Minister considers proper in addition to those required under subsection (1). R.S.O. 1990, c. P.43, s. 15 (2). Idem (3) Any regulation made under subsection (1) may be made applicable to any part of Ontario and may for the purposes of subsection (1) define any term used therein. R.S…

• 12.2 #21
• 15.
• 16Sale, etc., of public lands not otherwise provided for

  16 Where the sale or lease of any public lands is not otherwise provided for in this or any other Act or the regulations, the Minister may direct the sale or lease of any such public lands at such price or rental and upon such terms and conditions as the Minister considers proper. R.S.O. 1990, c. P.43, s. 16; 1998, c. 18, Sched. I, s. 50. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 50 - 18/12/1998

• 12.3 #22
• 16.
• 17Quit claim letters patent

  17 (1) Subject to subsection (1.1), where the Minister is satisfied that the right to bring an action on behalf of the Crown against a person for the recovery of land is barred by subsection 3 (1) of the Real Property Limitations Act, the Minister may direct the issue of quit claim letters patent in respect of the land to that person or to that person’s predecessor in possession if the right of recovery was barred against that predecessor upon such conditions as the Minister considers proper. R.S.O. 1990, c. P.43, s. 17 (1); 2002, c. 24, Sched. B, s. 44; 2021, c. 34, Sched. 23, s. 7 (1). Application of subs. (1) (1.1) Subsection (1) applies only if the right to bring an action on behalf of the Crown against a person for the recovery of the land was barred by the Real Property Limitations Act before the day the Supporting People and Businesses Act, 2021 received Royal Assent. 2021, c. 34,…

• 17.
• 17.1No right, title or interest by adverse possession

  17.1 (1) Despite any other law, including the Real Property Limitations Act and any other Act or any common law rule, but subject to subsection (3), no person may acquire a right, title or interest in public lands, including lands described in subsection (2), by or through the use, possession or occupation of the lands or by prescription on or after the day the Supporting People and Businesses Act, 2021 receives Royal Assent. 2021, c. 34, Sched. 23, s. 8. Additional public lands (2) For greater certainty, “public lands” for the purposes of this section includes lands acquired by the Crown in right of Ontario at any time for the purposes of a past or current program of the Ministry. 2021, c. 34, Sched. 23, s. 8. Application (3) This section does not apply if the right to bring an action on behalf of the Crown against a person for the recovery of the lands was barred by the Real Property L…

• 18Land use conditions

  18 (1) Letters patent for land sold or leased under this Act may contain a condition that the land is to be used in a particular manner or a condition that the land is not to be used in a particular manner and every such condition shall be deemed to be annexed to the land. R.S.O. 1990, c. P.43, s. 18 (1). Where condition violated (2) Where land has been or is being used in violation of a condition in the letters patent, the Minister may apply to a judge of the Superior Court of Justice for an order forfeiting the land to the Crown and for possession of the land, and the judge, upon proof to his or her satisfaction that the land has been or is being used in violation of the condition, shall make an order declaring that, upon registration of the order under subsection (4), the land is forfeit to the Crown and requiring any person in possession of the land to deliver up possession of the la…

• 18.
• 19Release of land use conditions

  19 Where land has been sold or leased under this Act and the letters patent therefor contain a condition that the land is to be used in a particular manner or a condition that the land is not to be used in a particular manner, the Minister may, upon such terms and conditions as the Minister considers proper, make an order releasing the land or any part thereof from the condition or any part thereof contained in the letters patent. R.S.O. 1990, c. P.43, s. 19. Release of habendum or certain restrictions

• 19.
• 19.1

  19.1 (1) If public lands have been sold under this or any other Act, whether before or after the day this section comes into force, and the letters patent contain a restriction in the habendum with respect to the purposes for which the lands may be used or any other restriction limiting the use of the lands or limiting the owner’s ability to further transfer or deal with the lands, the Minister may, upon such terms and conditions as the Minister considers proper, make an order releasing the land or any part of it from the restriction. 2021, c. 34, Sched. 23, s. 9. Effect (2) An order made under subsection (1) in respect of a restriction in a habendum has the same legal effect as if the release of the restriction had been confirmed through the issuance of supplemental letters patent. 2021, c. 34, Sched. 23, s. 9. Order sent to land registry office (3) The Minister may, in the Minister’s d…

• 20.
• 20Licences of occupation

  20 (1) The Minister may issue under his or her hand and seal a licence of occupation to any person who has purchased, or is permitted to occupy, or is entrusted with the care or protection of any public lands or who has received or been located on any public lands as a free grant. R.S.O. 1990, c. P.43, s. 20 (1). Effect of licence of occupation (2) Such person or the person’s assigns may take possession of and occupy the land for which the licence is issued, subject to the conditions of the licence, and may under it, unless it has been revoked or cancelled, maintain actions against any wrongdoer or trespasser, as effectually as the person could under letters patent from the Crown. R.S.O. 1990, c. P.43, s. 20 (2). As evidence (3) The licence of occupation is proof, in the absence of evidence to the contrary, of the right to possession by such person and the person’s assigns of the land, b…

• 21.
• 21Easements

  21 The Minister may grant easements in or over public lands for any purpose. R.S.O. 1990, c. P.43, s. 21.

• 22.
• 21.1Occupation for specified purposes

  21.1 (1) Subject to subsections (5), (6), (7), (8), (9) and (11) and the regulations, a person is authorized under this section to occupy public lands for the purpose of doing either or both of the following: 1. Erecting or placing on the public lands a building, structure or thing that is of a type or class prescribed by regulation or that meets the specifications prescribed by regulation. 2. Using any building, structure or thing located on the public lands that is of a type or class prescribed by regulation or that meets the specifications prescribed by regulation, whether it was erected or placed on the public lands by the person or by another person. 2017, c. 2, Sched. 14, s. 21. No instrument required to authorize possession, etc. (2) For greater certainty, a person who is authorized to occupy public lands under this section is not required to, (a) obtain a lease, licence, permit o…

• 23.
• 22Minister to decide as to right to patent

  22 The Minister has authority to determine all questions that arise as to the rights of persons claiming to be entitled to letters patent of land located or sold under this Act and the Minister’s decision is final and conclusive. R.S.O. 1990, c. P.43, s. 22.

• 24.
• 23Cancellation of sale, etc., of land in case of fraud or error, etc.

  23 (1) If the Minister is satisfied that a purchaser, locatee or lessee of public lands, or any person claiming under or through a purchaser, locatee or lessee of public lands, has been guilty of fraud or imposition, or has violated any of the conditions of sale, location or lease, or of the licence of occupation, the Minister may cancel such sale, location, lease or licence, and resume the land and dispose of it as if the same had never been made, and upon such cancellation all money paid in respect of such sale, location or lease remain the property of the Crown and the improvements, if any, on the land are forfeited to the Crown. R.S.O. 1990, c. P.43, s. 23 (1). Extension of time (2) The Minister may, upon payment of any required fee, extend the time for the performance of any condition of a sale or lease for such period as is fixed by the regulations. R.S.O. 1990, c. P.43, s. 23 (2);…

• 25.
• 24Definition

  24 (1) In this section, “lands” means public lands and includes public lands covered with water. R.S.O. 1990, c. P.43, s. 24 (1). Mode of obtaining possession of public lands (2) Where a person refuses or neglects to deliver up possession of any lands after the revocation, cancellation or expiration of the sale or lease thereof or of a licence of occupation or other document under which the person was permitted to occupy or was entrusted with the care or protection of the lands, or where a person is in possession or occupation of lands without lawful authority and refuses or neglects to vacate or abandon possession or occupation of the same, the Minister may apply to a judge of the Superior Court of Justice for an order for possession, and the judge, upon proof to his or her satisfaction that the right or title of the person to hold the lands has been revoked or cancelled or has expired,…

• 26.
• 25Restoration of rights in forfeited property, etc.

  25 The Minister may make an order subject to such conditions as the Minister considers proper, (a) restoring to a person the right, title or interest in any improvement, building or thing forfeited under subsection 23 (1); or (b) declaring that any improvement, building or thing on public lands possessed or occupied without lawful authority is not the property of the Crown despite subsection 24 (4). R.S.O. 1990, c. P.43, s. 25.

• 27.
• 26Penalty for unlawfully taking possession of public lands and erecting buildings, etc.

  26 (1) Any person who enters into possession of public lands without lawful authority and erects any building or structure or makes any improvements thereon is liable to a penalty of an amount equal to twice the market value of the public land so entered as determined by the Minister. R.S.O. 1990, c. P.43, s. 26 (1). Recovery of penalty (2) A penalty imposed under subsection (1) is recoverable at the suit of the Minister in any court of competent jurisdiction. R.S.O. 1990, c. P.43, s. 26 (2). Idem (3) If a person fails to pay a penalty imposed under subsection (1) and the Minister brings an action for the recovery of the penalty, it is the duty of the court, (a) to determine whether such person is liable to a penalty under subsection (1); (b) if it is determined that the person is liable to a penalty, to confirm or vary the amount thereof claimed by the Minister; (c) to give such judgmen…

• 27Unauthorized depositing

  27 (1) Except with the written consent of the Minister or an officer authorized by the Minister, no person shall deposit or cause to be deposited any material, substance or thing, (a) on public lands, whether or not the lands are covered with water or ice; or (b) on water or ice covering public lands. 2010, c. 16, Sched. 10, s. 4 (2). Removal of material, etc. (2) The Minister may remove any material, substance or thing deposited contrary to subsection (1), and any cost or expense incurred thereby is a debt due the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person who deposited the material, substance or thing or the person who caused it to be deposited. R.S.O. 1990, c. P.43, s. 27 (2). (3) Repealed: 2016, c. 8, Sched. 5, s. 3. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (5) - 6/12/2000 2010, c. 1…

• 28.
• 27.1Lost, mislaid or abandoned property

  27.1 (1) Subject to the Mining Act, any personal property found on public land that is not claimed by the owner within three months is the property of the Crown in right of Ontario and may be sold under the direction of the Minister. 1998, c. 18, Sched. I, s. 51. Crown prerogative preserved (2) Subsection (1) shall not be construed to derogate from any Crown prerogative. 1998, c. 18, Sched. I, s. 51. Same (3) If the property is perishable or has no commercial value, it may be given to a charitable institution or destroyed. 1998, c. 18, Sched. I, s. 51. Same (4) If a person establishes, to the satisfaction of the Minister within one year after the date of sale, that the person was the owner of property sold under subsection (1), the Minister may direct payment to the person of an amount equal to the price received for the property less the cost of the sale and other expenses incurred in c…

• 29.
• 28Unauthorized occupation, etc., of public lands

  28 (1) The Ministry may give notice prohibiting, controlling or governing, (a) the possession, occupation or any use or uses of public lands or roads under the jurisdiction of the Minister; or (b) the parking of vehicles on public lands or the roads described in clause (a). 2010, c. 16, Sched. 10, s. 4 (3). Methods of giving notice (2) A notice mentioned in subsection (1) may be given, (a) in those newspapers and other media that the Minister considers appropriate; (b) by means of signs posted on the public lands or the road to which the notice applies so that it is clearly visible in daylight under normal conditions from the approach or each point of access to the lands or road; or (c) by means of the marking system described in section 7 of the Trespass to Property Act. 2010, c. 16, Sched. 10, s. 4 (3). Offences (3) A person is guilty of an offence if the person possesses, occupies or …

• 30.
• 29Restraint on alienation of rights in unpatented lands

  29 (1) Except with the consent in writing of the Minister, public lands that have been purchased under this Part shall not, before the issue of letters patent, be alienated, mortgaged, or charged, either voluntarily or involuntarily, except by devise or sale under the authority of any Act of the Legislature relating to taxation. R.S.O. 1990, c. P.43, s. 29 (1); 2019, c. 14, Sched. 14, s. 12 (1) and 2021, c. 25, Sched. 26, s. 2. Lands not to be liable for debts incurred before patent (2) Except by mortgage or charge thereon made in favour of the Crown, neither the land nor any interest or right therein is, before the issue of letters patent, liable for the satisfaction of any debt or liability contracted or incurred by such purchaser, or the purchaser’s heirs or devisees. R.S.O. 1990, c. P.43, s. 29 (2). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 14, s. 12 (1) - 01/…

• 31.
• 30Repealed

  30 Repealed: 2010, c. 16, Sched. 10, s. 4 (4). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (4) - 25/10/2010

• 31Grants or letters patent issued after death of grantee or patentee

  31 A grant or letters patent issued to or in the name of a person who is dead is not therefore void, but the title to the land thereby granted or intended to be granted vests in the heirs, assigns, devisees or other legal representatives of the deceased person according to the laws in force in Ontario as if the grant or letters patent had issued to or in the name of the deceased person during the person’s lifetime. R.S.O. 1990, c. P.43, s. 31.

• 32.
• 31.1Cancellation of unregistered letters patent

  31.1 The Minister may make an order cancelling letters patent that have not been registered in the proper land registry office. 1999, c. 12, Sched. N, s. 6. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 6 - 22/12/1999

• 32Cancellation of erroneous letters patent

  32 (1) Where letters patent have been issued to or in the name of the wrong person, through mistake, or contain any clerical error or misnomer or a wrong description of the land intended to be granted, the Minister, if there is no adverse claim, may direct the defective letters patent to be cancelled and corrected letters patent to be issued in their stead. R.S.O. 1990, c. P.43, s. 32 (1). Effect of corrected letters patent (2) Corrected letters patent heretofore or hereafter issued shall, (a) relate back to the date of the defective letters patent cancelled pursuant to subsection (1); (b) have the same effect as if issued at the date of the defective letters patent cancelled pursuant to subsection (1); and (c) have the effect of correcting with necessary modifications every instrument made prior to the date of such corrected letters patent by the patentee or any person claiming through …

• 33.
• 32.1Cancellation of duplicate letters patent

  32.1 (1) If two or more letters patent grant identical parcels of land to the same person, the Minister may make an order cancelling all but the earliest of the letters patent. 1998, c. 18, Sched. I, s. 52. Registration (2) The Minister may cause an order under subsection (1) to be registered in the proper land registry office. 1998, c. 18, Sched. I, s. 52. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 52 - 18/12/1998

• 34.
• 33Compensation in case of double or inconsistent grants

  33 Where grants or letters patent for the same land inconsistent with each other have been issued through error, or where sales or appropriations of the land inconsistent with each other have been made, the Minister may, in cases of sale, cause a repayment of the purchase money, with interest to be made to the person damnified, or where the land has passed from the original purchaser, or has been improved before discovery of the error, or where the original grant or appropriation was a free grant, the Minister may in substitution appropriate land or give a certificate entitling the person damnified to public lands, of such value and to such extent as the Minister considers just; but no claim shall be entertained unless it is made within five years from the discovery of the error. R.S.O. 1990, c. P.43, s. 33.

• 35.
• 34Compensation for deficiency of land

  34 (1) Where by reason of erroneous survey or of error in the books or plans in the Ministry any grant, sale or appropriation of land is found to be deficient, or any parcel of land contains less than the quantity of land mentioned in the letters patent therefor, the Minister may direct that the purchase money of so much land as is deficient, with interest thereon from the time of the application for a refund or if the land has passed from the original purchaser, the Minister may direct that the purchase money that the claimant, if the claimant was ignorant of the deficiency at the time of the claimant’s purchase, paid for so much of the land as is deficient, with interest thereon from the time of the application for a refund, be paid to the claimant in land or money, as the Minister may direct. R.S.O. 1990, c. P.43, s. 34 (1). Case of free grants (2) In the case of a free grant, the Min…

• 36.
• 35Registration of judgments

  35 If letters patent for land are repealed or avoided in a judicial proceeding, the judgment shall be registered in the proper land registry office. R.S.O. 1990, c. P.43, s. 35.

• 36. #46
• 37.
• 36Lists to Municipal Property Assessment Corporation

  36 (1) The Minister shall, in accordance with subsection (2), transmit to the Municipal Property Assessment Corporation one or more lists of all lands in the assessment region patented, sold or agreed to be sold by the Crown, or leased, or appropriated to any person, or in respect of which a licence of occupation was issued during the next preceding calendar year and one or more lists of the cancellations of any licence of occupation, sale, lease, location or appropriation of land in the assessment region during the next preceding calendar year. 2019, c. 14, Sched. 15, s. 57. Timing (2) The Minister shall transmit the lists under subsection (1), (a) at least once in every calendar year; or (b) if an alternative schedule has been established jointly by the Minister and the Municipal Property Assessment Corporation, in accordance with that schedule. 2019, c. 14, Sched. 15, s. 57. Section A…

• 37Definition

  37 (1) In this section, “Crown grant” means a grant of a freehold or leasehold interest in unpatented public lands or of an easement in or over unpatented public lands made under this or any other Act but does not include a transfer of such an interest or a grant of an easement under section 37.2. R.S.O. 1990, c. P.43, s. 37 (1); 2020, c. 34, Sched. 22, s. 1. Crown grants, release, grants of minerals registered in land registry offices (2) If a Crown grant of public lands, a release under subsection 58 (6) or a grant under The Canada Company’s Lands Act, being chapter 24 of the Statutes of Ontario, 1922, is given, the Minister shall forward the instrument by which the release or grant is given to the proper land registry office. R.S.O. 1990, c. P.43, s. 37 (2). Registration (3) Upon receipt of an instrument under subsection (2), the land registrar shall, without fee or other charge, regi…

• 38.
• 37.1Transfer of administration and control

  37.1 (1) The Minister may, by order signed by him or her, transfer the administration and control of public lands to, (a) the Crown in right of Canada; (b) another Minister of the Crown in right of Ontario; (c) a Crown agency within the meaning of the Crown Agency Act; or (d) an agent corporation within the meaning of the Financial Administration Act (Canada). 1998, c. 18, Sched. I, s. 53. Terms and conditions (2) A transfer by ministerial order is subject to any terms and conditions specified in the order. 1998, c. 18, Sched. I, s. 53. Release from reversionary clause (2.1) If an order under subsection (1), or an order-in-council, that transfers responsibility for the administration and control of public lands from the Minister to the Crown in right of Canada or an agent corporation within the meaning of the Financial Administration Act (Canada) contains either a provision requiring tha…

• 39.
• 37.2Transfers of land without letters patent

  37.2 (1) Subject to subsections (7) and (9), this section applies if, (a) the administration and control of unpatented public lands is transferred from the Minister to another Minister of the Crown in right of Ontario or to a Crown agency within the meaning of the Crown Agency Act by an order made under subsection 37.1 (1), by an order in council or under any Act of the Province other than the Mining Act; and (b) the order, order in council or Act referred to in clause (a) does not include a provision requiring that, (i) the administration and control of the unpatented lands be returned to the Minister at some specified point in time or upon such other specified term, or (ii) the unpatented lands be used by the other Minister or Crown agency only for a specified purpose. 2020, c. 34, Sched. 22, s. 3. Authorization to dispose of interests, grant easements (2) On and after the day section …

• 40.
• 37.3Validity of previous transfers

  37.3 (1) This section applies if, before the day section 2 of Schedule 22 to the Better for People, Smarter for Business Act, 2020 came into force, (a) the administration and control of unpatented public lands was transferred from the Minister to another Minister of the Crown in right of Ontario or to a Crown agency within the meaning of the Crown Agency Act by an order made under subsection 37.1 (1), by an order in council or under an Act of the Province, other than the Mining Act; and (b) the Minister of the Crown or Crown agency referred to in clause (a) purported to, (i) transfer a freehold or leasehold interest in all or part of the unpatented lands referred to in that clause to a third party, without letters patent being issued under the Great Seal to effect the transfer of the interest, or (ii) grant an easement in or over the unpatented lands to a third party. 2020, c. 34, Sched.…

• 41.
• 37.4Reservations, etc. in transfers under ss. 37.2 and 37.3

  37.4 (1) A Crown transfer is subject to the reservations and conditions set out in this section. 2020, c. 34, Sched. 22, s. 3. Definition, Crown transfer (2) In this section, “Crown transfer” means a transfer of a freehold or leasehold interest in unpatented lands by a Minister of the Crown in right of Ontario or a Crown agency within the meaning of the Crown Agency Act that is carried out under section 37.2 or deemed to be legally effective under section 37.3. 2020, c. 34, Sched. 22, s. 3. Reservation of ores, etc. (3) All ores, mines and minerals on or under the lands that are the subject of a Crown transfer are reserved to the Crown and, for greater certainty, (a) section 60 does not apply to such lands; (b) subsections 61 (1) and (2) apply with necessary modifications, to a Crown transfer carried out before May 6, 1913 and deemed to be legally effective under section 37.3; and (c) su…

• 42.
• 38Definition

  38 (1) In this section, “Crown” means the Crown in right of Ontario as represented by the Minister. R.S.O. 1990, c. P.43, s. 38 (1). Certificate forwarded for registration (2) When the Crown becomes the registered owner of land that has been patented or otherwise disposed of or when land reverts to or vests in the Crown, the Minister may forward to the proper land registry office a certificate stating that the land is deemed to be public lands. R.S.O. 1990, c. P.43, s. 38 (2). Registration (3) The land registrar shall, without fee or charge, register every certificate received under subsection (2). R.S.O. 1990, c. P.43, s. 38 (3). Effect of registration (4) Upon registration of a certificate under subsection (3), (a) the Land Titles Act or the Registry Act, as the case may be, ceases to apply to the land described in the certificate and the land registrar shall note that fact in the appr…

• 43.
• 39How Ministry employees may acquire public lands

  39 (1) No person holding an office in or under the Ministry and no person employed in or under the Ministry shall, directly or indirectly, purchase any right, title or interest in any public lands either in the person’s own name or by the interposition of any other person or in the name of any other person in trust for the person without the approval of the Minister. R.S.O. 1990, c. P.43, s. 39 (1); 2021, c. 34, Sched. 23, s. 12. Exception (2) Subsection (1) does not apply when a purchase is made of a right, title or interest in public lands for private use at a public auction or when the purchase is made for private use and the purchaser is selected by public draw. R.S.O. 1990, c. P.43, s. 39 (2). Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 23, s. 12 - 02/12/2021

• 44.
• 40How notices may be given

  40 Where by law or by any deed, lease or agreement relating to any public lands any notice is required to be given, or any act to be done, by or on behalf of the Crown, the notice may be given and the act may be done by the Minister or the Deputy Minister or by a person acting under the authority of either of them. R.S.O. 1990, c. P.43, s. 40; 2021, c. 34, Sched. 23, s. 13. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 23, s. 13 - 02/12/2021

• 45.
• 41Repealed

  41 Repealed: 1998, c. 18, Sched. I, s. 54. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 54 - 18/12/1998

• 46.
• [s57]
• 42Sale of water powers or privileges

  42 (1) The Minister in his or her discretion may fix the terms and conditions upon which water powers or privileges granted by the Crown and any public lands necessary for the development thereof may be leased or developed. R.S.O. 1990, c. P.43, s. 42 (1); 2009, c. 12, Sched. L, s. 23. Agreements, etc., to be signed by Minister (2) The Minister may sign all agreements, leases, licences, renewals or other writings relating to water powers or privileges or any public lands necessary for the development thereof. R.S.O. 1990, c. P.43, s. 42 (2). Regulations re: additional charge (3) The Lieutenant Governor in Council may make regulations, (a) requiring persons who are subject to an agreement, lease, licence or other writing under subsection (2) to pay an additional charge in respect of the generation of hydro-electricity; (b) prescribing the charge or a method of calculating the charge; (c) …

• 47.
• 43Grant of forfeited land to former owner

  43 Where any land that is forfeited to the Crown under the Provincial Land Tax Act, 2006 or the predecessor Act has not been granted, sold, leased or otherwise disposed of, the Minister may direct the issuance of letters patent granting the land to the owner thereof at the time of such forfeiture, or to any person appearing to have had an interest therein at that time, or to the heirs, successors or assigns of such owner or person, upon such terms as the Minister considers just. R.S.O. 1990, c. P.43, s. 43; 2006, c. 33, Sched. Z.3, s. 28 (2). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 28 (2) - 1/01/2009

• PART II ROADS ON PUBLIC LANDS
• [s59]
• 44Beach management agreements

  44 The Minister and any municipality may enter into agreements respecting the control and management by the municipality of any public lands comprised of beaches or lands covered with water in the municipality or elsewhere, but, where the public lands are in another municipality, no agreement shall be entered into without the consent of that municipality, and any such agreement may provide for the granting of leases by the municipality and the sharing of the rents therefrom. R.S.O. 1990, c. P.43, s. 44.

• 48.
• 45Repealed

  45 Repealed: 2010, c. 16, Sched. 10, s. 4 (5). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (5) - 25/10/2010

• 49.
• 46Acquisition of lands, agreements

  46 (1) Lands may be acquired under the Ministry of Infrastructure Act, 2011 for any forestry, agricultural or other program of the Ministry, and any lands so acquired shall be deemed to be public lands within the meaning of this Act. R.S.O. 1990, c. P.43, s. 46 (1); 2011, c. 9, Sched. 27, s. 38 (1). Agreements for public works (2) The Minister or the Minister of Infrastructure may enter into agreements with the owners of lands respecting the erection, maintenance and operation thereon of a provincial public work. 2011, c. 9, Sched. 27, s. 38 (2); 2015, c. 38, Sched. 7, s. 59 (1). Registration of agreements (3) An agreement entered into under subsection (2) may be registered in the proper land registry office and thereupon such agreement is binding upon every subsequent owner and mortgagee of the lands during the term of the agreement. R.S.O. 1990, c. P.43, s. 46 (3). Section Amendments w…

• 50.
• [s62]
• 46.1Collection of amounts

  46.1 If public land is located in territory without municipal organization, the following amounts may be collected under the Provincial Land Tax Act, 2006 as if they were taxes imposed under that Act: 1. Amounts payable as rent under a lease. 2. Amounts payable as a fee under a licence of occupation, a land use permit or any other authority granting a right to occupy the land or permitting the carrying out of an activity on the land. 2006, c. 33, Sched. Z.3, s. 28 (3). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 28 (1) - 1/01/2009

• 51.
• 47Regulations

  47 The Lieutenant Governor in Council may make regulations, (a) Repealed: 2021, c. 34, Sched. 23, s. 14. (b) prohibiting or regulating the use or occupation of or the kinds of activities carried on upon public lands; (c) governing delegations made under subsection 2 (3), including prescribing the powers under this Act that may be delegated, prescribing the person or body to whom powers may be delegated and prescribing limitations that apply to the delegations. R.S.O. 1990, c. P.43, s. 47; 2000, c. 26, Sched. L, s. 9 (8); 2012, c. 8, Sched. 49, s. 3; 2021, c. 34, Sched. 23, s. 14. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (8) - 6/12/2000 2012, c. 8, Sched. 49, s. 3 - 20/06/2012 2021, c. 34, Sched. 23, s. 14 - 01/07/2022

• 52.
• [s64]

  PART II ROADS ON PUBLIC LANDS

• 53.
• 48Definitions

  48 In this Part, “private forest road” means a road occupied under the authority of a document issued under this Act or the regulations; (“chemin forestier privé”) “road” means a road or part of a road on public lands and includes the bridges, shoulders, ditches, culverts or other water crossings and right-of-way thereof, but does not include the King’s Highway or a secondary highway, or an industrial road designated under the Public Transportation and Highway Improvement Act, or a road under the jurisdiction of a local roads board. (“chemin”) R.S.O. 1990, c. P.43, s. 48; 2010, c. 16, Sched. 10, s. 4 (6, 7); 2019, c. 14, Sched. 14, s. 12 (2) and 2021, c. 25, Sched. 26, s. 2; 2019, c. 14, Sched. 15, s. 58. Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (6-7) - 25/10/2010 2019, c. 14, Sched. 14, s. 12 (2) - 01/01/2022; 2019, c. 14, Sched. 15, s. 58 - 10/12/2019

• 54.
• 49Public right of passage

  49 Except as otherwise provided in this Act, any person may exercise a public right of passage on a road other than a private forest road. R.S.O. 1990, c. P.43, s. 49.

• 55.
• [s67]
• 50No liability for damages

  50 (1) No civil action shall be brought against the Crown or any person in respect of misfeasance, non-feasance, nuisance or negligence in connection with the construction, maintenance, repair, stopping up, closing or decommissioning of a road. 2019, c. 14, Sched. 15, s. 59. Exception (2) Subsection (1) does not apply to an action based on a contract between the parties to the action for the construction, maintenance or use of a road. R.S.O. 1990, c. P.43, s. 50 (2). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 59 - 10/12/2019

• 51Repealed

  51 Repealed: 2010, c. 16, Sched. 10, s. 4 (8). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2010, c. 16, Sched. 10, s. 4 (8) - 25/10/2010

• PART III PROVISIONS OF GENERAL APPLICATION
• [s69]
• 52Closure of roads

  52 (1) The district manager of the administrative district of the Ministry in which a road is situate may, in his or her discretion and for any periods that he or she determines, close the road or part of it to travel by the public generally or by any classes of the public. 2010, c. 16, Sched. 10, s. 4 (9). Methods of closure (2) A closing under subsection (1) may be effected by, (a) erecting barricades; (b) erecting signs; (c) publishing a notice on the Internet; or (d) taking any other action prescribed in the regulations made by the Minister under subsection (7). 2019, c. 14, Sched. 15, s. 60 (1). Barricades and notices (3) A district manager who closes a road or part of it under subsection (1) by the erection of barricades shall cause to be erected, (a) a barricade with reflective markings at each end of the closed road or part, and at each intersection of it with any other road; and…

• 56.
• 53Partial closure

  53 If the district manager closes a road to the public generally with the exception of persons operating vehicles used for hauling forest products or other products designated by the regulations, sections 80, 108, 109, 110, 111 and 114 of the Highway Traffic Act do not apply to the road or to vehicles operated on the road, as the case may be. 2010, c. 16, Sched. 10, s. 4 (9). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (9) - 25/10/2010

• 57.
• 54Private forest roads

  54 (1) Except as provided in subsection (2), a private forest road is not open to travel by the public. R.S.O. 1990, c. P.43, s. 54 (1). Agreements (2) The Minister may enter into an agreement with a person who occupies a private forest road under the authority of a document issued under this Act or the regulations for opening the private forest road or part thereof to travel by the public generally or by any class or classes of the public as may be agreed upon, and thereupon the private forest road is open to travel by the public generally or by the class or classes of the public agreed upon for such time or times and upon such terms and conditions as are set forth in the agreement, provided that a permit has been issued or validated under the Highway Traffic Act or the regulations made thereunder for any vehicle used in such travel. R.S.O. 1990, c. P.43, s. 54 (2). Idem (3) Without lim…

• 58.
• [s72]
• 55Regulations

  55 The Lieutenant Governor in Council may make regulations designating products for the purposes of sections 52, 53 and 54. R.S.O. 1990, c. P.43, s. 55.

• 59.
• 55.1Stopping up certain roads

  55.1 (1) In addition to the powers of the Lieutenant Governor in Council under section 29.1 of the Public Transportation and Highway Improvement Act, the Minister may, by order, (a) stop up any road that has been dedicated to public use by the Crown and is not within a municipality; or (b) stop up any road allowance that was laid out by a Crown surveyor and that is not within a municipality. 2000, c. 26, Sched. L, s. 9 (10); 2002, c. 17, Sched. F, Table. Notice (2) The Minister shall not make an order under subsection (1) unless the Minister has given notice, in such manner as the Minister considers appropriate, to those persons that the Minister considers will be affected by the proposed order. 2000, c. 26, Sched. L, s. 9 (10). Soil and freehold (3) The Minister may sell, lease or otherwise dispose of the soil and freehold of any road or road allowance that has been stopped up under sub…

• 60.
• [s74]

  PART III PROVISIONS OF GENERAL APPLICATION

• 61.
• 56Issue of letters patent

  56 If public land was, before the 29th day of March, 1961, sold or located under the authority of any Act, the Minister may direct the issue of letters patent to the purchaser or locatee or any person claiming under or through the purchaser or locatee, (a) who has built a house on the land that is fit for habitation; (b) who has resided on the land or other land of which the purchaser, locatee or person is the registered owner that is distant not more than eight kilometres from the land so sold or located for one or more periods totalling at least three years; (c) who, in respect of land in the Territorial District of Cochrane or in the Territorial District of Timiskaming, has cleared and cultivated at least seven hectares of the land or who, in respect of land, other than land in the Territorial District of Cochrane or in the Territorial District of Timiskaming, has cleared and cultivat…

• 62.
• 57Repealed

  57 Repealed: 2010, c. 16, Sched. 10, s. 4 (11). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (11) - 25/10/2010

• 63.
• 58Property in trees vested in patentee

  58 (1) Where land is disposed of under this Act for agricultural purposes, the property in all trees thereon shall be deemed to have passed to the patentee by the letters patent, and every reservation of any class or kind of tree contained in the letters patent shall be deemed to be void. R.S.O. 1990, c. P.43, s. 58 (1). Reservations of trees voided (2) A reservation of all timber and trees or any class or kind of tree contained in letters patent granting public lands disposed of under this or any other Act for a summer resort location is void. R.S.O. 1990, c. P.43, s. 58 (2). Idem (3) A reservation of all timber and trees or any class or kind of tree contained in letters patent dated on or before the 1st day of April, 1869 and granting public lands disposed of under this or any other Act is void. R.S.O. 1990, c. P.43, s. 58 (3). Idem (4) Every provision contained in letters patent grant…

• 64.
• 59Definition

  59 In sections 57 and 58, the expression “this Act” includes any predecessor of this Act. R.S.O. 1990, c. P.43, s. 59.

• 65.
• 60Reservation of mines and minerals

  60 In any letters patent issued for lands located or sold under this Act for agricultural purposes on or after the 1st day of April, 1957, the mines and minerals shall be reserved to the Crown. R.S.O. 1990, c. P.43, s. 60.

• 66.
• 61Mines and minerals on certain lands to be deemed to have passed to patentee

  61 (1) In the case of land patented before the 6th day of May, 1913, the mines and minerals therein shall be deemed to have passed to the patentee by the letters patent, and every reservation thereof contained in the letters patent or by statute is void. R.S.O. 1990, c. P.43, s. 61 (1). Exception as to application of subs. (1) (2) Subsection (1) does not apply where, (a) the mines and minerals or any of them in any land have been alienated or disposed of under the Mining Act or any predecessor of that Act; (b) the mines or minerals or any of them have reverted or may hereafter revert to the Crown through abandonment, cancellation, forfeiture or otherwise. R.S.O. 1990, c. P.43, s. 61 (2). Lands patented after May 6th, 1913 (3) In the case of lands patented after the 6th day of May, 1913, mines and minerals pass to the patentee unless expressly reserved by the letters patent. R.S.O. 1990, …

• 67.
• 62Ores, etc., to be treated in Canada

  62 (1) All lands patented or otherwise disposed of under this Act after the 12th day of April, 1917, are subject to the condition that all ores or minerals raised or removed therefrom shall be treated and refined in Canada, so as to yield refined metal or other product suitable for direct use in the arts without further treatment, in default whereof the patent or other form of title of such lands is void, and the lands revert to and become vested in the Crown, freed and discharged of any interest or claim of every other person. R.S.O. 1990, c. P.43, s. 62 (1). Easements (2) Where a dominant tenement reverts to and becomes vested in the Crown under subsection (1), any easement appurtenant thereto passes to the Crown and, where a servient tenement reverts to and becomes vested in the Crown, any easement to which the servient tenement is subject is not affected. R.S.O. 1990, c. P.43, s. 62 …

• 68.
• 63Travel on beaches

  63 Any part of the public lands that is a beach and is used for travel by the public is not by reason only of such use a highway within the meaning of any Act. R.S.O. 1990, c. P.43, s. 63.

• 64Surface rights in roads, etc.

  64 (1) Unless the Minister otherwise directs, every patent, lease or licence of occupation issued under this Act shall contain a provision to the effect that the surface rights in any public or colonization road or any highway crossing the land granted, leased or licensed are excepted therefrom. R.S.O. 1990, c. P.43, s. 64 (1). Idem (2) Every patent, lease or licence of occupation issued under this Act shall reserve to the Crown such percentage, if any, of the surface rights of the land as the Minister considers necessary for road purposes. R.S.O. 1990, c. P.43, s. 64 (2). Idem (3) Where in any patent, lease or licence of occupation heretofore issued under this Act or any predecessor thereof there is a reservation of a percentage of the land for road purposes and the rights with respect thereto have not been exercised before the 1st day of May, 1963, the reservation shall be deemed to be…

• 69.
• 65Right to make roads reserved in sales, etc.

  65 (1) In all sales, free grant locations, leases, licences of occupation, mining claims and other dispositions of public lands or mining lands or mining rights, there shall be reserved to the Crown the right to construct on the land any colonization or other road or any road in lieu of or partly deviating from an allowance for road without making compensation therefor, and such right whether or not it is expressly reserved from the sale, location, lease, licence of occupation, mining claim or other disposition of the land or by the letters patent when issued shall be deemed to be so reserved. R.S.O. 1990, c. P.43, s. 65 (1). Right to take wood, gravel, etc., for roads (2) In all sales, free grant locations, leases, licences of occupation, mining claims and other dispositions of public lands or mining lands or mining rights, where the letters patent have been issued containing a reservat…

• 70.
• [s85]
• 66Release of road reservations

  66 (1) Upon the application of the owner of land for which letters patent have been issued under this or any other Act, the Minister may make an order releasing the land or a part of the land from any reservation relating to roads under section 65 or in the letters patent, if the Minister is of the opinion that the present and future needs of the locality as to roads are adequately provided for and if the applicant pays the fee specified by the Minister. 2002, c. 18, Sched. L, s. 7 (2). Release of reservation of access to shore (2) Upon the application of the owner of land for which letters patent have been issued under this or any other Act, the Minister may make an order releasing the land or a part of the land from any reservation in the letters patent reserving a right of way or a right of access to the shores of rivers, streams or lakes for vessels, boats and persons, if the Ministe…

• 67Reservation of water power on public lands

  67 In all sales, free grant locations, leases, licences of occupation, mining claims and other dispositions of public lands, or mining lands or mining rights, the Minister may reserve from sale any water power or privilege, and such area of land in connection therewith as the Minister considers necessary for the erection of buildings and plant and the development and utilization of the power, together with the right to lay out and use such roads as may be necessary for passage to and from such water power or privilege and land. R.S.O. 1990, c. P.43, s. 67.

• [s87]
• 68Building conditions in patents voided

  68 Where letters patent have issued granting summer resort lands subject to the conditions that the patentee shall within eighteen months from the date of the patent expend not less than $300 in the construction of buildings or of other improvements and that no building or other construction shall be erected unless the plan and description thereof have been approved by the Minister, such conditions shall be deemed to be void and of no effect. R.S.O. 1990, c. P.43, s. 68.

• PART IV CONSTRUCTION OF DAMS
• 68.1Release of reservation

  68.1 (1) This section applies to a reservation in letters patent if, (a) the reservation cannot be released under any other provision of this Act; and (b) the release of the reservation is not prohibited by any provision in this Act. 1998, c. 18, Sched. I, s. 58. Release of reservations by Ministerial order (2) Where public lands have been disposed of by the Crown under this or any other Act and an interest or right has been reserved to the Crown, the reservation, other than a reservation under subsection 62 (1), may be released by an order signed by the Minister, at the price and on the conditions that the Minister considers proper. 2019, c. 14, Sched. 15, s. 61. (3), (4) Repealed: 2019, c. 14, Sched. 15, s. 61. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 58 - 18/12/1998 2019, c. 14, Sched. 15, s. 61 - 10/12/2019

• 71.
• 69Certificate

  69 (1) The Minister may issue a certificate as to any condition, proviso or reservation that is void by statute. R.S.O. 1990, c. P.43, s. 69 (1). Fee for certificate (2) An applicant for a certificate under subsection (1) shall pay the fee specified by the Minister. R.S.O. 1990, c. P.43, s. 69 (2); 1998, c. 18, Sched. I, s. 59. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 59 - 18/12/1998

• 72.
• [s90]
• 69.1Compliance with agreement or permit

  69.1 (1) A person who has entered into an agreement, including a lease, a licence or an easement, with the Crown under this Act or to whom a permit to occupy public lands has been issued under this Act shall comply with the agreement or permit, as the case may be. 2009, c. 12, Sched. L, s. 24. Offence (2) A person who contravenes subsection (1) is guilty of an offence. 2009, c. 12, Sched. L, s. 24. Compliance order (3) A court that convicts a person of an offence under subsection (2) may, in addition to imposing a fine, order the person to take the action that the court specifies, within the time period that the court specifies, to come back into compliance, in the manner that the court considers appropriate, with the agreement or permit with which the person has failed to comply. 2009, c. 12, Sched. L, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 24 - 1…

• 73.
• [s91]
• 69.2No damage to Crown land or property

  69.2 (1) No person shall cause a prescribed type of damage, (a) to Crown land; or (b) to Crown property that is situated on, or attached to, Crown land including, (i) any road or trail or water crossing or any material used to construct the road, trail or water crossing, or (ii) any sign, building, structure or thing. 2016, c. 8, Sched. 5, s. 4. Regulations (2) The Lieutenant Governor in Council may make regulations defining types of damage for the purposes of subsection (1). 2016, c. 8, Sched. 5, s. 4. Order of court (3) If a person is found guilty of an offence for contravening subsection (1), the court may, in addition to imposing a fine under section 70.3, order the person, (a) to cease the activity that has caused or is causing the prescribed type of damage; (b) to take action, within such time as may be specified in the order, to rehabilitate the lands and repair any damage to prop…

• 74.
• 69.3Fees, etc.

  69.3 (1) The Minister may establish and charge fees or other charges for any service, approval, permission or decision related to the management, use or disposition of public lands under this Act. 2021, c. 34, Sched. 23, s. 16. Same (2) For greater certainty, where any provision of this Act requires or permits the Minister to set terms, conditions, or terms and conditions with respect to any activity, the power to set terms or conditions includes the power to require the payment of a fee or other charge established by the Minister. 2021, c. 34, Sched. 23, s. 16. Requirement to pay (3) A person shall pay any fees or other charges established by the Minister under this Act. 2021, c. 34, Sched. 23, s. 16. Change, refund, etc. (4) Where, under this section or any other provision of this Act, the Minister has the power to establish a fee or other charge, the Minister may change the amount of …

• 75.
• [s93]

  Part III.1 Enforcement and General offences

• 70Officers stopping conveyances

  70 (1) An officer may stop a conveyance if he or she has reasonable grounds to believe that stopping the conveyance would assist in determining compliance with this Act or the regulations. 2016, c. 8, Sched. 5, s. 6. Operator to stop (2) On the officer’s signal to stop, the operator of the conveyance shall immediately stop and produce for inspection any document or other thing requested by the officer that is relevant to the purpose of determining compliance with the Act or the regulations. 2016, c. 8, Sched. 5, s. 6. Stop signals (3) For the purpose of subsection (2), signals to stop include, (a) intermittent flashes of red light, in the case of a vehicle; (b) intermittent flashes of blue light, in the case of a boat; and (c) a hand signal to stop, in the case of a vehicle or boat. 2016, c. 8, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (12)…

• 70.1Arrest without warrant

  70.1 (1) An officer may arrest without warrant a person that he or she has reasonable grounds to believe is committing or has committed an offence under this Act or the regulations. 2016, c. 8, Sched. 5, s. 6. Release by officer (2) If an officer arrests a person under this section, he or she shall, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that, (a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to, (i) establish the identity of the person, (ii) secure or preserve evidence of or relating to the offence, or (iii) prevent the continuation or repetition of the offence or the commission of another offence; or (b) the person arrested, if released, will not respond to a summons or offence notice or will not appear in court. 2016, c. 8, …

• [s96]
• 70.2Obstruction of officer

  70.2 A person shall not, (a) knowingly make a false or misleading statement to an officer who is acting under this Act; or (b) otherwise obstruct an officer who is acting under this Act. 2016, c. 8, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (12) - 6/12/2000 2016, c. 8, Sched. 5, s. 6 - 09/06/2016

• 70.3Offences

  70.3 (1) A person is guilty of an offence if the person contravenes this Act or the regulations. 2016, c. 8, Sched. 5, s. 6. Penalty (2) Subject to subsections (6) and (7), an individual found guilty of an offence under this Act is liable on conviction, (a) to a fine of not more than $15,000 for the first offence and to an additional fine of not more than $1,000 for each day during which the offence continues; and (b) to a fine of not more than $25,000 for the second or subsequent offence and to an additional fine of not more than $1,000 for each day during which the offence continues. 2016, c. 8, Sched. 5, s. 6. Same, corporations (3) Subject to subsections (6) and (7), a corporation found guilty of an offence under this Act is liable on conviction, (a) to a fine of not more than $25,000 for the first offence and to an additional fine of not more than $1,000 for each day during which th…

• 70.4Limitation period

  70.4 A prosecution for an offence under this Act, (a) shall not be commenced more than two years after the day evidence of the offence first came to the attention of an officer; and (b) shall not be commenced more than five years after the offence was committed. 2016, c. 8, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 8, Sched. 5, s. 6 - 09/06/2016

• [s99]

  PART IV CONSTRUCTION OF DAMS

• 71Definition

  71 In this Part, “dam” includes a channel, diversion, dock, groyne, light, pier, slide, warning device, wharf or work for the control and regulation of water and any building, road, structure, service or temporary installation necessary or incidental thereto. R.S.O. 1990, c. P.43, s. 71.

• 72Construction

  72 The Minister may design, construct, renovate, service, maintain, repair, furnish, equip, manage, administer, operate and decommission dams. R.S.O. 1990, c. P.43, s. 72; 2019, c. 14, Sched. 15, s. 62. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 62 - 10/12/2019

• 73Acquisition of land

  73 Land or any interest therein may be acquired or expropriated under the Ministry of Infrastructure Act, 2011 for the purpose of this Part. R.S.O. 1990, c. P.43, s. 73; 2015, c. 38, Sched. 7, s. 59 (2). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 59 (2) - 10/12/2016

• 74Agreements

  74 The Minister may enter into any contract or agreement that the Minister considers advisable to effect the purposes of this Part. R.S.O. 1990, c. P.43, s. 74.