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Ulf T. Runesson

Faculty of Natural
Resources Management,
Lakehead University

955 Oliver Road,
Thunder Bay, Ontario,
Canada P7B 5E1

Phone:
     (807) 343-8784

Fax:
     (807) 346-7769

E-Mail:
     ulf.runesson@lakeheadu.ca
 





                                 Public Lands Act

                               R.S.O. 1990, c. P-43

Amended by: 1994, c. 17, s. 133; 1994, c. 25, s. 85; 1996, c. 1, Sched. N, s. 4;
1998, c. 18, Sched. I, ss. 48-59; 1999, c. 12, Sched. N, s. 6; 2000, c. 26,
Sched. L, s. 9; 2001, c. 9, Sched. K, s. 5.


Definitions

 1.  In this Act,

     "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 Minister of Natural Resources; ("ministre")

     "Ministry" means the Ministry of Natural Resources; ("ministère")

     "public lands" includes lands heretofore designated as Crown lands, school
     lands and clergy lands; ("terres publiques")

     "regulations" means the regulations made under this Act. ("règlements")
     R.S.O. 1990, c. P.43, s. 1.

                                     PART I
                          MINISTRY OF NATURAL RESOURCES

Function 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.

Public reserves

 3.  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.

Power 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.

Appointment of officers

 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).

Officer appointed

     (3)  An officer appointed under section 4 of the Forest Fires Prevention
          Act shall be deemed to be an officer appointed under subsection (1).
          R.S.O. 1990, c. P.43, s. 5 (3).

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 (4).

Exercise 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.

Surveys 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 or hereafter so issued shall,

          (a) relate back to the date of the letters patent so cancelled;

          (b) have the same effect as if issued at the date of such cancelled
              letters patent; and

          (c) have the effect of amending with necessary modifications every
              instrument made prior to the date of such cancelled letters patent
              by the patentee or any person claiming through or under the
              patentee. R.S.O. 1990, c. P.43, s. 7 (3).

Altering 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 that it
          shall be signed by the Surveyor General or his deputy on behalf of all
          persons having an interest in the land shown thereon. R.S.O. 1990,
          c. P.43, s. 8 (2).

Hearing, etc.

     (3)  When an altering and amending plan has been prepared, the Minister
          shall send a print of the plan by registered mail to each person
          appearing to have an interest therein, whereupon the provisions of
          section 48 of the Surveys Act with respect to notice, hearing and
          confirmation apply with necessary modifications. R.S.O. 1990, c. P.43,
          s. 8 (3).

Boundaries confirmed

     (4)  An altering and amending plan, when confirmed by the Minister pursuant
          to subsection (3), shall be registered in the proper land registry
          office, whereupon the boundaries of the lots or blocks shown thereon
          shall be deemed to be the true boundaries of such lots or blocks.
          R.S.O. 1990, c. P.43, s. 8 (4).

Procedure in land registry office

     (5)  Where an altering and amending plan has been registered in a land
          registry office for a land titles division, the registers for the
          parcels affected shall be amended accordingly. R.S.O. 1990, c. P.43,
          s. 8 (5).

Idem

     (6)  Where an altering and amending plan has been registered in a land
          registry office for a registry division, the land registrar shall keep
          an index of the land described and designated by any number or letter
          on the plan by the name by which it is so designated and every
          instrument affecting the land or any part thereof, executed after the
          plan is registered, shall conform and refer thereto, otherwise it
          shall not be registered except in cases provided for by section 86 of
          the Registry Act. R.S.O. 1990, c. P.43, s. 8 (6).

Costs and expenses

     (7)  The costs and expenses of and incidental to the preparation and
          registration of an altering and amending plan shall be paid out of the
          money appropriated therefor by the Legislature. R.S.O. 1990, c. P.43,
          s. 8 (7).

Where 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).

Grants, Sales, Licences of Occupation, etc.

10.  Repealed: 2000, c. 26, Sched. L, s. 9 (1).

Public lands set apart for research

11.  (1)  The Lieutenant Governor in Council 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).

Small boat anchorages

     (2)  The whole or part of any area of public lands covered with water that
          is set apart for the purposes of a harbour under subsection (1) shall
          border on public lands not covered with water and such lands or such
          part thereof as is considered proper shall be set apart concurrently
          with the public lands covered with water. R.S.O. 1990, c. P.43,
          s. 11 (2).

Zoning plans

12.  (1)  For the purpose of the management of public lands, the Minister may
          from time to time establish classes of zones, such as "Open",
          "Deferred", "Closed" or otherwise as the Minister considers proper,
          may define the purposes for which public lands of each class may be
          administered, may cause areas of public lands to be laid down on maps
          or plans and may designate such areas as zones, and any area of public
          lands so designated shall be administered only for the purposes
          defined for the designated class of zone. R.S.O. 1990, c. P.43,
          s. 12 (1).

Plan of subdivision may be required

     (2)  The Minister may designate areas in which the public lands are not
          open for disposition as summer resort locations until a plan of
          subdivision of the lands to be disposed of is registered under the
          Land Titles Act or the Registry Act. R.S.O. 1990, c. P.43, s. 12 (2).
Note: On a day to be named by proclamation of the Lieutenant Governor, section
      12 is repealed by the Statutes of Ontario, 1998, chapter 18, Schedule I,
      section 49 and the following substituted:

Designating planning units

12.  (1)  The Minister may designate all or any area of public land as a
          planning unit and the Minister may require that a land use plan be
          prepared for the planning unit.

Advisory committees

     (2)  The Minister may establish advisory committees to participate in the
          preparation and implementation of land use plans.

Guidelines

12.1 (1)  A land use plan shall be prepared in accordance with the land use
          planning guidelines approved by the Minister.

Provisions

     (2)  The guidelines shall contain provisions respecting,

          (a) the contents and preparation of land use plans, including public
              involvement and decision-making processes; and

          (b) the establishment of zones to define the purposes for which public
              land, water and natural resources within each zone may be managed.

Approval required

12.2 (1)  A land use plan is of no effect unless approved by the Minister.

Minister's powers

     (2)  The Minister may approve the plan, reject it or approve it with such
          modifications as the Minister feels appropriate.

Ministerial amendments

     (3)  The Minister may, at any time, amend, in accordance with the land use
          planning guidelines, a land use plan that the Minister previously
          approved.

Proposal by Minister

     (4)  If the Minister proposes to approve or to amend an approved land use
          plan, the Minister shall give notice of the intent in accordance with
          the land use planning guidelines.

Objections

12.3 (1)  Any person may object to a proposed approval of or a proposed
          amendment to a land use plan by giving written notice to the Minister
          within 30 days after the day that the Minister's notice of intent is
          published.

Review

     (2)  The Minister may designate one or more individuals or a board,
          commission or agency to review the objection and make a report to the
          Minister setting out recommendations.

Minister's decision

     (3)  After considering the report, the Minister may take such action as the
          Minister considers appropriate and shall notify the objector in
          writing.

Decision final

     (4)  The decision of the Minister is final.

Non-application of R.S.O. 1990, c. S.22

     (5)  The Statutory Powers Procedure Act does not apply to reviews under
          this section.

Guidelines

     (6)  The Minister may establish guidelines with respect to reviews under
          this section.

Consistent activities

12.4 (1)  All activities carried out within a planning unit shall be consistent
          with the land use plan approved for the planning unit.

Objections

     (2)  Any person may object to an activity that is inconsistent with the
          land use plan by giving the Minister written notice and the Minister
          may refer the objection to the individual or body designated under
          subsection 12.3 (2) for review and preparation of a report with
          recommendations.

Ministerial order

     (3)  The Minister may, by order, require any person to stop any activity
          that, in the opinion of the Minister, is inconsistent with a land use
          plan.

Compliance

     (4)  No person shall contravene or fail to comply with the Minister's
          order.

See: 1998, c. 18, Sched. I, ss. 49, 66 (4).
Restricted 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).

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 restricted area without a permit
          therefor and every person who contravenes or causes to be contravened
          any term or condition of a permit issued under this section is guilty
          of an offence. R.S.O. 1990, c. P.43, s. 13 (3); 2000, c. 26, Sched. L,
          s. 9 (2).

Daily penalty

     (4)  An officer who finds a building or structure being erected or an
          improvement being made without the authority of a permit may order
          that work on the building, structure or improvement cease until a
          permit is obtained and any person continuing the work or causing the
          work to be continued in contravention of the order is guilty of an
          offence and on conviction is, in addition to any fine that may be
          imposed under subsection (3), liable to a fine of not less than $200
          for each day the work is continued in contravention of the order.
          R.S.O. 1990, c. P.43, s. 13 (4).

Order to dismantle and remove building, etc.

     (5)  Upon conviction of any person of an offence under this section, the
          court, in addition to the imposition of a fine, may order that person
          to dismantle and remove any building or structure erected or
          improvement made in contravention of this section within such time as
          the court orders and, if the person convicted fails to comply with the
          order, the Minister may cause the building, structure or improvement
          to be dismantled and removed 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
          convicted. R.S.O. 1990, c. P.43, s. 13 (5).

Exception, mines, etc.

     (6)  This section does not apply to the erection of buildings or structures
          or the making of improvements on lands for the purpose of the
          exploration or development of mines, minerals or mining rights. R.S.O.
          1990, c. P.43, s. 13 (6).

Regulations re work permits

14.  (1)  The Lieutenant Governor in Council may make regulations,

          (a) prohibiting an activity specified by the regulations on public
              lands or shore lands unless the activity is carried on in
              accordance with 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.
              1996, c. 1, Sched. N, s. 4.

General or particular

     (2)  A regulation under subsection (1) may be general or particular in its
          application. 1996, c. 1, Sched. N, s. 4.

Fee

     (3)  The Minister may charge such fee as he or she considers appropriate
          for the issuance or renewal of a work permit. 1996, c. 1, Sched. N,
          s. 4.

Offence

     (4)  A person who contravenes a regulation made under clause (1) (a) is
          guilty of an offence. 1996, c. 1, Sched. N, s. 4; 2000, c. 26,
          Sched. L, s. 9 (3).

Order to stop activity

     (5)  An officer who finds that an activity is being carried on in
          contravention of the regulations made under clause (1) (a) without the
          necessary work permit may order that the activity cease until the work
          permit has been obtained. 1996, c. 1, Sched. N, s. 4.

Daily fine

     (6)  A person who continues an activity or causes an activity to be
          continued in contravention of an order made under subsection (5) is
          guilty of an offence and, in addition to any penalty imposed under
          subsection (4), is liable on conviction to a fine of not less than
          $200 for each day the activity is continued in contravention of the
          order. 1996, c. 1, Sched. N, s. 4.

Order to rehabilitate land

     (7)  The court that convicts a person of an offence under this section may,
          in addition to imposing a fine, order the person to cease the activity
          and, within such time as the court may fix, to take action to
          rehabilitate the land in accordance with a plan approved by the
          Minister. 1996, c. 1, Sched. N, s. 4.

Minister may rehabilitate land and recover cost

     (8)  If a person fails to comply with an order under subsection (7), the
          Minister may take such action as he or she considers appropriate to
          rehabilitate the land, and any cost incurred by the Minister 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. 1996, c. 1,
          Sched. N, s. 4.

Regulations 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) and prescribing the fee therefor. R.S.O. 1990,
              c. P.43, s. 15 (1).

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.O. 1990, c. P.43, s. 15 (3).

Sale by tender or auction

     (4)  The Minister may, whether or not the consideration has been fixed by
          the regulations, dispose of public lands by tender or by auction upon
          such terms and conditions as the Minister considers proper. R.S.O.
          1990, c. P.43, s. 15 (4).

Subsequent sale or lease

     (5)  Where public lands offered for sale or lease by tender or auction are
          not disposed of, the Minister may at any time thereafter sell or lease
          any such 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. 15 (5).

Reservation of mines and minerals

     (6)  In every sale or other disposition of public lands for summer resort
          locations there shall be reserved to the Crown all mines and minerals
          thereon or thereunder, and the instrument of sale or other disposition
          shall so provide. R.S.O. 1990, c. P.43, s. 15 (6).

Sale, 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.

Quit claim letters patent

17.  (1)  Where the Minister is satisfied that the right to bring an action on
          behalf of Her Majesty against a person for the recovery of land is
          barred by subsection 3 (1) of the 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).

Retroactive effect

     (2)  Where quit claim letters patent are issued under subsection (1) to a
          person's predecessor in possession, the quit claim letters patent
          shall specify a date during the period of time that the predecessor
          had possession and the quit claim letters patent shall,

          (a) relate back to the date so specified; and

          (b) have the same effect as if issued at the date so specified. R.S.O.
              1990, c. P.43, s. 17 (2).

Land 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 land to the Minister or to any person authorized by
          the Minister to receive possession of it. R.S.O. 1990, c. P.43,
          s. 18 (2); 2001, c. 9, Sched. K, s. 5 (1).

Idem

     (3)  An order made under subsection (2) has the same force as a writ of
          possession and the sheriff or bailiff or person to whom it is
          entrusted for execution shall execute it in like manner as he or she
          would a writ of possession in an action for the recovery of land.
          R.S.O. 1990, c. P.43, s. 18 (3).

Idem

     (4)  A certified copy of an order made under subsection (2) shall be
          registered in the proper land registry office and, upon registration,
          the land is vested in the Crown and may be granted, sold, leased or
          otherwise disposed of in the same manner as public lands may be dealt
          with under the laws of Ontario. R.S.O. 1990, c. P.43, s. 18 (4).

Release 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.

Licences 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, but has no force against a licence to cut pine
          trees existing at the time of its issue or where the pine trees are
          reserved to the Crown against a licence to cut such trees then
          existing or thereafter issued. R.S.O. 1990, c. P.43, s. 20 (3).

Easements

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

Minister 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.

Cancellation 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 the prescribed 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).

Definition

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, or that the person is
           in possession or occupation of the lands without lawful authority,
           shall make an order requiring the person to deliver up the lands to
           the Minister. R.S.O. 1990, c. P.43, s. 24 (2); 2001, c. 9, Sched. K,
           s. 5 (2).

Idem

     (3)  Where a person is in possession or occupation of lands without lawful
          authority and upon fifteen days notice by the Minister to vacate or
          abandon possession or occupation of the same, or to remove therefrom
          any building, structure or thing, refuses or neglects to do so, the
          Minister may by his or her warrant require such person to deliver up
          the lands to the person named in the warrant and the Minister may by
          his or her warrant authorize any person to remove such first-mentioned
          person from the land or any building, structure or improvement
          therefrom. R.S.O. 1990, c. P.43, s. 24 (3).

Building or thing remaining on lands

     (4)  Any building or thing remaining on lands after the revocation,
          cancellation or expiration of the sale or lease of the lands or of a
          licence of occupation or other document under which a person was
          permitted to occupy or was entrusted with the care or protection of
          the lands or any building or thing on lands possessed or occupied
          without lawful authority is the property of the Crown and may be sold,
          disposed of or destroyed under the direction of the Minister. R.S.O.
          1990, c. P.43, s. 24 (4).

Recovery of cost and expense

     (5)  Any cost or expense incurred in the sale, disposition or destruction
          of a building or thing referred to in subsection (4) 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 responsible for the
          construction of the building or the placing of the thing on the land
          or, in the case of a building that is occupied, the occupier. R.S.O.
          1990, c. P.43, s. 24 (5).

Effect of order or warrant

     (6)  The order or warrant has the same force as a writ of possession, and
          the sheriff or bailiff or other person to whom it is entrusted for
          execution shall execute it in like manner as the person would a writ
          of possession in an action for the recovery of land. R.S.O. 1990,
          c. P.43, s. 24 (6).

Officer's right to demand assistance, etc.

     (7)  The sheriff, bailiff or other person executing the order or warrant
          may take along all necessary assistance and has the right to demand
          such assistance in the same manner as a constable or other peace
          officer in the execution of his or her duty. R.S.O. 1990, c. P.43,
          s. 24 (7).

Person removed may be again removed

     (8)  If a person who has given up possession of or has been removed from
          any land under the authority of this section again returns to or
          enters upon it, the order or warrant is a sufficient authority to the
          officer or person named in it again to remove such person from the
          land, and the power of removal may be exercised under such order or
          warrant from time to time and as often as occasion requires. R.S.O.
          1990, c. P.43, s. 24 (8).

Offence

     (9)  Every person who refuses to obey any such order or warrant, or who
          resists, obstructs or interferes with any person executing it, or who
          again returns to the land, is guilty of an offence and on conviction
          is liable,

          (a) to a fine of not more than $10,000 and to an additional fine of
              not more than $1,000 for each day during which the offence
              continues; and

          (b) to imprisonment for a term of not more than six months. 2000,
              c. 26, Sched. L, s. 9 (4).

Restoration 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.

Penalty 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 judgment as it considers proper; and

          (d) to make such order as to costs or otherwise as it considers
              proper. R.S.O. 1990, c. P.43, s. 26 (3).

Saving

     (4)  Nothing in this section limits or in any way affects any right or
          remedy of the Minister or the Crown at common law or under any
          statute. R.S.O. 1990, c. P.43, s. 26 (4).

Unauthorized filling

27.  (1)  No person shall deposit or cause to be deposited any material,
          substance or thing on public lands, whether or not the lands are
          covered with water or ice, except with the written consent of the
          Minister or an officer authorized by the Minister. R.S.O. 1990,
          c. P.43, s. 27 (1).

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).

Offence

     (3)  A person who contravenes subsection (1) is guilty of an offence and on
          conviction is liable to a fine of not more than $10,000 and to an
          additional fine of not more than $1,000 for each day that the
          material, substance or thing remained on the public lands. 2000,
          c. 26, Sched. L, s. 9 (5).

Lost, 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 connection
          with the property. 1998, c. 18, Sched. I, s. 51.

Minister's direction

     (5)  Subsection (1) does not apply if the Minister, in writing, refuses to
          accept ownership of the property. 1998, c. 18, Sched. I, s. 51.

Unauthorized occupation, etc., of posted public lands

28.  (1)  The Ministry may cause to be erected on any public lands, including a
          road under the jurisdiction of the Minister, signs prohibiting,
          controlling or governing,

          (a) the possession, occupation or any use or uses thereof; or

          (b) the parking of vehicles thereon. R.S.O. 1990, c. P.43, s. 28 (1).

Offences

     (2)  Every person who possesses, occupies or uses any public lands on which
          signs have been erected under clause (1) (a) in contravention of any
          such sign, or who parks a vehicle on public lands on which signs have
          been erected under clause (1) (b) in contravention of any such sign,
          and who has had a reasonable opportunity of seeing any of such signs,
          is guilty of an offence. R.S.O. 1990, c. P.43, s. 28 (2); 2000, c. 26,
          Sched. L, s. 9 (6).

Restraint 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 or
          statute labour. R.S.O. 1990, c. P.43, s. 29 (1).

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).

Issue of distress warrant, or action for rent in arrear

30.  Where rent payable to the Crown on a lease of public lands is in arrear,
     the Minister or an agent or officer appointed under this Act and authorized
     by the Minister to act in such cases may issue a warrant, directed to any
     person named in it, in the nature of a distress warrant, as in ordinary
     cases of landlord and tenant; and the same proceedings may be had thereon
     for the collection of such arrears as in the last-mentioned cases; or an
     action may be brought in the name of the Minister for the recovery of the
     arrears, but a demand of the rent is not necessary in any case. R.S.O.
     1990, c. P.43, s. 30.

Grants 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.

Cancellation 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.

Cancellation 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 or under the
              patentee. R.S.O. 1990, c. P.43, s. 32 (2).

Land registered under Land Titles Act

     (3)  The powers conferred by subsection (1) may be exercised even if the
          land has been registered under the Land Titles Act. R.S.O. 1990,
          c. P.43, s. 32 (3).

Cancellation 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.

Compensation 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.

Compensation 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 Minister may direct a grant to be
          made of other land equal in value to so much of the land intended to
          be granted as is deficient, as a free grant. R.S.O. 1990, c. P.43,
          s. 34 (2).

Limitations

     (3)  No claim shall be entertained unless it is made within five years from
          the date of the letters patent, or unless the deficiency is equal to
          one-tenth of the whole quantity described as being contained in the
          land granted. R.S.O. 1990, c. P.43, s. 34 (3).

Registration 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.

Annual list to assessment commissioners

36.  The Minister shall in the month of February in every year transmit to each
     assessment commissioner appointed under the Assessment Act a list 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 a list 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. R.S.O. 1990, c. P.43, s. 36.

Definition

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. R.S.O. 1990, c. P.43,
          s. 37 (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, register the instrument, note
          particulars of registration on a copy and forward the copy to the
          grantee at the address furnished by the Ministry. R.S.O. 1990,
          c. P.43, s. 37 (3).

Transfer 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.

Crown grant

     (3)  A transfer by ministerial order shall be deemed to be a Crown grant
          for the purposes of section 37. 1998, c. 18, Sched. I, s. 53.

Definition

38.  (1)  In this section,

          "Crown" means Her Majesty the Queen in right of Ontario as represented
          by the Minister. R.S.O. 1990, c. P.43, s. 38 (1).

Certificate that land is public lands

     (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 appropriate register or
              abstract index; and

          (b) the land described in the certificate may be granted, sold, leased
              or otherwise dealt with in the same manner as other public lands.
              R.S.O. 1990, c. P.43, s. 38 (4).

Easements

     (5)  An easement that is appurtenant to or affects land described in a
          certificate registered under subsection (3) is not affected by
          registration of the certificate. R.S.O. 1990, c. P.43, s. 38 (5).

Restrictive covenants

     (6)  For the purposes of this section, a restrictive covenant running with
          land is considered to be an easement. R.S.O. 1990, c. P.43, s. 38 (6).

     (7)  Repealed: 2000, c. 26, Sched. L, s. 9 (7).

     (8)  Repealed: 2000, c. 26, Sched. L, s. 9 (7).

     (9)  Repealed: 2000, c. 26, Sched. L, s. 9 (7).

How 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 Lieutenant Governor in Council. R.S.O. 1990, c. P.43,
          s. 39 (1).

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).

How 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 of Natural Resources or by a person acting
     under the authority of either of them. R.S.O. 1990, c. P.43, s. 40.

41.  Repealed: 1998, c. 18, Sched. I, s. 54.

Sale of water powers or privileges

42.  (1)  Subject to the approval of the Lieutenant Governor in Council, 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).

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) respecting the form, terms and time of payment of the charge and
              the interest owed for late payment;

          (d) providing for refunds in respect of the charge;

          (e) prescribing the conditions under which the charge may be reduced
              or cancelled;

          (f) providing that the regulation applies to agreements, leases,
              licences and other writings in force on the day the regulation
              comes into force and to agreements, leases, licences and other
              writings renewed on or after that day. 1994, c. 17, s. 133.

Application of charge

     (4)  A charge imposed under subsection (3) is in addition to a charge in an
          agreement, lease, licence or other writing that is based upon energy
          production. 1994, c. 17, s. 133.

Regulation may be retroactive

     (5)  A regulation made under this section is, if it so provides, effective
          with reference to a period before it was filed. 1994, c. 17, s. 133.

Grant of forfeited land to former owner

43.  Where any land forfeited to and vested in the Crown under the Provincial
     Land Tax 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.

Beach 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.

Agreements for agricultural lands

45.  The Minister may enter into agreements for the sale or other disposition of
     land for agricultural purposes at such prices or rentals and subject to
     such conditions as the Minister may determine. R.S.O. 1990, c. P.43, s. 45.

Acquisition of lands

46.  (1)  Lands may be acquired under the Ministry of Government Services Act
          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).

Agreements for works, etc.

     (2)  The Minister or the Minister of Government Services may enter into
          agreements with the owners of lands respecting the erection,
          maintenance and operation thereon of a public work within the meaning
          of the Ministry of Government Services Act. R.S.O. 1990, c. P.43,
          s. 46 (2).

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).

Regulations

47.  The Lieutenant Governor in Council may make regulations,

     (a) prescribing the fee for any type of authority to use or enter upon
         public lands and facilities;

     (b) prohibiting or regulating the use or occupation of or the kinds of
         activities carried on upon public lands. R.S.O. 1990, c. P.43, s. 47;
         2000, c. 26, Sched. L, s. 9 (8).

                                     PART II
                              ROADS ON PUBLIC LANDS

Definitions

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")

     "public forest road" means a road, other than a private forest road, that
     is designated by the Minister as a public forest road; ("chemin forestier
     public")

     "road" means a road or part of a road on public lands and includes the
     bridges, shoulders, ditches and right-of-way thereof, but does not include
     the King's Highway or a secondary highway, a tertiary road, a resource road
     or an industrial road designated under the Public Transportation and
     Highway Improvement Act, or a road under the jurisdiction of a statute
     labour board or a local roads board. ("chemin") R.S.O. 1990, c. P.43,
     s. 48.

Public 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.

No liability for damages

50.  (1)  No civil action shall be brought against the Crown or any person in
          respect of misfeasance, non-feasance or negligence in connection with
          the construction, maintenance, repair or closing of a road. R.S.O.
          1990, c. P.43, s. 50 (1).

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).

Public forest roads

51.  (1)  The Minister may designate a road other than a private forest road as
          a public forest road. R.S.O. 1990, c. P.43, s. 51 (1).

Application

     (2)  The Regulations Act does not apply to a designation made under
          subsection (1). R.S.O. 1990, c. P.43, s. 51 (2).

Closure of public forest roads

52.  (1)  The district manager of the administrative district of the Ministry in
          which a public forest road is situate may, from time to time in his or
          her discretion and for such period or periods as he or she may
          determine, close the public forest road or part thereof to travel by
          the public generally or by any class or classes of the public or by
          the public generally with the exception of persons operating any class
          or classes of vehicles used for hauling forest products or other
          products designated by the regulations. R.S.O. 1990, c. P.43,
          s. 52 (1).

Methods of closure

     (2)  A closing of a public forest road under subsection (1) may be effected
          by the erection of signs or barricades. R.S.O. 1990, c. P.43,
          s. 52 (2).

Barricades

     (3)  Where a district manager closes a public forest road or part of a
          public forest road under subsection (1) by the erection of barricades,
          he or she shall cause to be erected at each end of the public forest
          road or part so closed and at each intersection thereof with any other
          road a barricade upon which a red or flashing amber light visible for
          a distance of 150 metres shall be exposed and kept burning or
          operating continuously from sunset until sunrise, and at such ends and
          intersections shall cause to be erected a notice that the public
          forest road is closed. R.S.O. 1990, c. P.43, s. 52 (3).

Permits

     (4)  Despite the closure of a public forest road, the district manager may
          grant a permit for travel on the public forest road subject to such
          terms and conditions as he or she considers advisable. R.S.O. 1990,
          c. P.43, s. 52 (4).

Offence

     (5)  Every person who, without lawful authority, travels on a public forest
          road that has been closed to travel by the person under subsection (1)
          and who has had a reasonable opportunity of knowing that the road has
          been so closed or who removes or defaces any barricade, light or
          notice erected thereon by lawful authority is guilty of an offence and
          is also liable to the Crown in right of Ontario for any damage or
          injury occasioned by such wrongful use, removal or defacement. R.S.O.
          1990, c. P.43, s. 52 (5); 2000, c. 26, Sched. L, s. 9 (9).

Partial closure

53.  Where the district manager closes a public forest 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 public forest road or to vehicles operated on the public forest road,
     as the case may be. R.S.O. 1990, c. P.43, s. 53.

Private 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 limiting the generality of subsection (2), an agreement may
          provide that the cost of constructing, reconstructing or maintaining a
          private forest road shall be shared in the proportions agreed upon.
          R.S.O. 1990, c. P.43, s. 54 (3).

Status of road

     (4)  Despite the use of a private forest road by the public or a class or
          classes thereof under subsection (2), a private forest road remains a
          private forest road and is not a highway within the meaning of the
          Highway Traffic Act, but the provisions of the Occupational Health and
          Safety Act and the regulations made thereunder that apply to haul
          roads apply with necessary modifications to the private forest road.
          R.S.O. 1990, c. P.43, s. 54 (4).

Closure of private forest roads

     (5)  Where an agreement has been made under subsection (2), the district
          manager of the administrative district of the Ministry in which the
          private forest road is situate may, from time to time in his or her
          discretion and for such period or periods as he or she may determine,
          close the private forest road or part thereof to travel by the public
          generally or by any class or classes of the public with the exception
          of persons operating any class or classes of vehicles used for hauling
          forest products or other products designated by the regulations, and
          thereupon section 52 applies with necessary modifications. R.S.O.
          1990, c. P.43, s. 54 (5).

Regulations

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.

Stopping up certain roads

55.1 (1)  In addition to the powers of the Lieutenant Governor in Council under
          section 318 of the Municipal 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).

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
          subsection (1). 2000, c. 26, Sched. L, s. 9 (10).

                                     PART III
                        PROVISIONS OF GENERAL APPLICATION

Issue 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 cultivated at least 10 per
         cent of the land; and

     (d) who pays the balance of the purchase price of the land and the interest
         thereon. R.S.O. 1990, c. P.43, s. 56.

Reservation of trees

57.  (1)  All trees on land that has been disposed of under this Act for
          agricultural purposes remain the property of the Crown until the
          issuance of letters patent, whereupon the property in such trees
          passes to the patentee. R.S.O. 1990, c. P.43, s. 57 (1).

Cutting rights of settlers before patent

     (2)  During the time the trees on land that has been disposed of under this
          Act for agricultural purposes remain the property of the Crown, the
          purchaser or locatee of such land or anyone claiming under the
          purchaser or locatee may cut and use all such trees as are necessary
          for building on and fencing such land, and may cut and dispose of all
          such trees required to be removed in clearing the land for
          cultivation, but no trees except those necessary for such building and
          fencing shall be cut beyond the limit of the actual clearing without
          the consent in writing of an officer authorized by the Minister for
          the purpose. R.S.O. 1990, c. P.43, s. 57 (2).

Payment of Crown dues

     (3)  All trees cut under subsection (2) and sold or bartered are subject to
          the payment of the same charges as are at the time payable by the
          holders of licences to cut timber, unless the Minister otherwise
          directs in writing. R.S.O. 1990, c. P.43, s. 57 (3).

Revocation of timber licences on settlers' land

     (4)  Where land is disposed of under this Act for agricultural purposes and
          a licence to cut timber on such land is subsisting at the time the
          disposition is made, the licence shall be deemed to be revoked in
          respect of such land, and in any such case the Minister may compensate
          the holder of such licence by granting the holder a licence to cut
          timber elsewhere. R.S.O. 1990, c. P.43, s. 57 (4).

Property 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 granting public lands for
          a summer resort location that,

          (a) prohibits the cutting of pine timber, except for necessary
              building or clearing with the written permission of the Minister,
              and, in default, sets out penalties and exacts prices for cut
              timber; or

          (b) provides for the manner of disposal of cut timber,

is void. R.S.O. 1990, c. P.43, s. 58 (4).

     (5)  Repealed: 1994, c. 25, s. 85.

Acquisition or release of trees

     (6)  If public lands have been disposed of by the Crown under this or any
          other Act and some or all of the species of trees on the lands have
          been reserved to the Crown and are not under timber licence, the
          Minister may acquire any species of trees not so reserved or release
          any species of trees so reserved at such price and on such terms and
          conditions as the Minister considers proper. 2001, c. 9, Sched. K,
          s. 5 (3).

Definition

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.

Reservation 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.

Mines 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, c. P.43, s. 61 (3).

Certificate

     (4)  The Minister or the Deputy Minister of Natural Resources may issue a
          certificate as to the issue of letters patent with respect to any
          lands, mines or minerals affected by this section and every such
          certificate shall be received and recorded in the proper land registry
          office. R.S.O. 1990, c. P.43, s. 61 (4).

Fee for certificate

     (5)  An applicant for a certificate under subsection (4) shall pay the fee
          specified by the Minister. R.S.O. 1990, c. P.43, s. 61 (5); 1998,
          c. 18, Sched. I, s. 56.

Ores, 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 (2).

Power to exempt lands

     (3)  The Lieutenant Governor in Council is hereby authorized to exempt any
          lands from the operation of this section for such period of time as
          the Lieutenant Governor in Council considers proper. R.S.O. 1990,
          c. P.43, s. 62 (3).

Travel 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.

Surface 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 a reservation of the surface rights
          only. R.S.O. 1990, c. P.43, s. 64 (3).

Right 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 reservation of any of the area for roads, wood, gravel and other
          materials required for the construction or improvement of any
          colonization or other road or of any road in lieu of or partly
          deviating from an allowance for road, may be taken from the land
          without making compensation therefor or for the injury thereby done to
          the land from which they are taken, and where the letters patent have
          been issued without a reservation being made of any of the area for
          roads, wood, gravel and other materials required for the purposes
          hereinbefore mentioned may be taken from the land, but compensation
          shall be paid as provided by the Expropriations Act. R.S.O. 1990,
          c. P.43, s. 65 (2).

Minister or person authorized may exercise rights

     (3)  The rights mentioned in subsections (1) and (2) may be exercised by
          the Minister or by any person authorized by the Minister to exercise
          them on behalf of the Crown. R.S.O. 1990, c. P.43, s. 65 (3).

Right of passage over portages

     (4)  Where public lands over which a portage has existed or exists have
          been heretofore or are hereafter sold or otherwise disposed of under
          this or any other Act, any person travelling on waters connected by
          the portage has the right to pass over and along the portage with the
          person's effects without the permission of or payment to the owner of
          the lands, and any person who obstructs, hinders, delays or interferes
          with the exercise of such right of passage is guilty of an offence.
          R.S.O. 1990, c. P.43, s. 65 (4); 2000, c. 26, Sched. L, s. 9 (11).

Release of road reservations

66.  (1)  If letters patent have been issued for land in respect of which there
          is a reservation referred to in section 65 and the Minister is of the
          opinion that the present and future needs of the locality as to roads
          are adequately provided for, the Minister shall, upon the owner of the
          affected land applying therefor and paying the fee specified by the
          Minister, make an order releasing the land or any part thereof from
          the reservation. R.S.O. 1990, c. P.43, s. 66 (1); 1998, c. 18,
          Sched. I, s. 57 (1).

Release of reservation

     (2)  When the Minister is of the opinion that a reservation in letters
          patent reserving a right-of-way or a right of access to the shores of
          rivers, streams and lakes for vessels, boats and persons does not
          serve a useful purpose and is not required in the public interest and
          the owner of the land affected applies for a release from the
          reservation and pays the fee specified by the Minister, the Minister
          shall make an order releasing the land or any part thereof from the
          reservation. R.S.O. 1990, c. P.43, s. 66 (2); 1998, c. 18, Sched. I,
          s. 57 (2).

Power to determine reservation

     (3)  In respect of letters patent reserving or excepting a right-of-way or
          an allowance along the shore of a lake or river, the Minister may
          treat the reservation or exception as a reservation referred to in
          subsection (1) or (2) and issue the order under subsection (1) or (2).
          R.S.O. 1990, c. P.43, s. 66 (3).

Effect of order

     (4)  An order made under this section releases the land described in the
          order from the reservation referred to in the order and may be
          registered in the proper land registry office. R.S.O. 1990, c. P.43,
          s. 66 (4).

Reservation 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.

Building 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.

Application

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)  Subject to subsection (3), 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 may be released by an
          order signed by the Minister, at the price and on the conditions that
          the Minister considers proper. 1998, c. 18, Sched. I, s. 58.

Authorization by regulation

     (3)  The Minister may not release a reservation unless the release is
          authorized by the regulations. 1998, c. 18, Sched. I, s. 58.

Regulations authorizing release of reservations

     (4)  The Lieutenant Governor in Council may make regulations authorizing
          the Minister to release a reservation or class of reservations in
          letters patent. 1998, c. 18, Sched. I, s. 58.

Certificate

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.

Offence

70.  Except where otherwise provided, every person who contravenes this Act or
     the regulations is guilty of an offence and on conviction is liable to a
     fine of not more than $10,000 and to an additional fine of not more than
     $1,000 for each day during which the offence continues. 2000, c. 26,
     Sched. L, s. 9 (12).

Order for compliance

70.1 In any prosecution under this Act, the court may, in addition to imposing
     a fine or imprisonment or making any other order authorized by this Act,
     make such order as the court considers proper to obtain compliance with
     this Act or the regulations. 2000, c. 26, Sched. L, s. 9 (12).

Limitation period

70.2 A proceeding in respect of an offence under this Act shall not be commenced
     more than two years after the date on which the offence was, or is alleged
     to have been, committed. 2000, c. 26, Sched. L, s. 9 (12).

                                     PART IV
                               CONSTRUCTION OF DAMS

Definition

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.

Construction

72.  The Minister may design, construct, renovate, service, maintain, repair,
     furnish, equip, manage and administer dams. R.S.O. 1990, c. P.43, s. 72.

Acquisition of land

73.  Land or any interest therein may be acquired or expropriated under the
     Ministry of Government Services Act for the purpose of this Part. R.S.O.
     1990, c. P.43, s. 73.

Agreements

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.

Power to enter and use

75.  (1)  In the event of emergency, as declared by the Lieutenant Governor in
          Council, respecting the safety of persons or the protection or
          preservation of public or private property, the Minister or any person
          authorized by the Minister, may, without the consent of the owner,

          (a) enter upon and use any land;

          (b) alter in any manner any natural or artificial feature of any land;

          (c) construct and use roads on, to and from any land;

          (d) construct and use all necessary sidings, water pipes, conduits or
              tracks in, over or upon any land; or

          (e) place upon or remove from any land any substance or structure.
              R.S.O. 1990, c. P.43, s. 75 (1).

Compensation

     (2)  Any powers referred to in subsection (1) may be exercised immediately
          despite any provision of the Expropriations Act and without the filing
          of a plan and the owner of the land is entitled to compensation in the
          manner provided in that Act. R.S.O. 1990, c. P.43, s. 75 (2).





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