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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