PUBLIC LANDS ACT
REVISED STATUTES OF ONTARIO, 1990

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.

1. 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;
"Minister" means the Minister of Natural Resources;
"Ministry" means the Ministry of Natural Resources;
"public lands" includes lands heretofore designated as Crown lands, school lands and clergy lands;
"regulations" means the regulations made under this Act.
R.S.O. 1990, c. P.43, s. 1.

2.(1) Function of Minister

2. 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.

2.(2)Agreements

2.(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.

3. 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.

4. 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.

5.(1) Appointment of officers

5. 5.(1) The Minister may appoint such officers to carry out and enforce this Act and the regulations as the Minister considers necessary.

5.(2)Entry upon private land

5.(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.

5.(3)Officer appointed

5.(3) An officer appointed under section 4 of the Forest Fires Prevention Act shall be deemed to be an officer appointed under subsection (1).

5.(4)Search warrant

5.(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.

6. 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.

7.(1) Surveys and annulments

7. 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.

7.(2)Amended plans

7.(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.

7.(3)Substitution of letters patent

7.(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.

8.(1) Altering and amending plan

8. 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.

8.(2)Manner of preparation

8.(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.

8.(3)Hearing, etc.

8.(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.

8.(4)Boundaries confirmed

8.(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.

8.(5)Procedure in land registry office

8.(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.

8.(6)Idem

8.(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.

8.(7)Costs and expenses

8.(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.

9.(1) Where survey required

9. 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.

9.(2)Idem

9.(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.

10.(1) Appropriation for certain public purposes and free grants thereof made

10. 10.(1) The Lieutenant Governor in Council may set apart and appropriate such of the public lands as the Lieutenant Governor in Council considers expedient for roads and for the sites of wharves or piers, market places, jails, court houses, public parks or gardens, town halls, hospitals, places of public worship, burying grounds, schools, and for purposes of agricultural exhibitions, and for other like public purposes, and for model or industrial farms; and may make free grants for such purposes, and the trusts and uses to which they are to be subject shall be expressed in the letters patent; but no grants shall be for more than four hectares in any one case, and for any one of such purposes, except for a model or industrial farm, in which case the grant shall not be for more than forty hectares.

10.(2)Revocation

10.(2) The Lieutenant Governor in Council at any time before the issue of the letters patent may revoke any such appropriation. R.S.O. 1990, c. P.43, s. 10.

11.(1) Public lands set apart for research

11. 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.

11.(2)Small boat anchorages

11.(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.

12.(1) Zoning plans

12. 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.

12.(2)Plan of subdivision may be required

12.(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.

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).

13.(1) Restricted areas

13. 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.

13.(2)Permits

13.(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.

13.(3)Offences

13.(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 and on conviction is liable to a fine of not more than $5,000.

13.(4)Daily penalty

13.(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.

13.(5)Order to dismantle and remove building, etc.

13.(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.

13.(6)Exception, mines, etc.

13.(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.

14.(1) Regulations re work permits

14. 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.

14.(2)General or particular

14.(2) A regulation under subsection (1) may be general or particular in its application.

14.(3)Fee

14.(3) The Minister may charge such fee as he or she considers appropriate for the issuance or renewal of a work permit.

14.(4)Offence

14.(4) A person who contravenes a regulation made under clause (1) (a) is guilty of an offence and on conviction is liable to a fine of not more than $5,000.

14.(5)Order to stop activity

14.(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.

14.(6)Daily fine

14.(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.

14.(7)Order to rehabilitate land

14.(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.

14.(8)Minister may rehabilitate land and recover cost

14.(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.

15.(1) Regulations re sale or lease of public lands

15. 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.

15.(2)Terms and conditions of sale or lease

15.(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).

15.(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.

15.(4)Sale by tender or auction.

15.(3) 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.

15.(5)Subsequent sale or lease

15.(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.

15.(6)Reservation of mines and minerals

15.(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.

16. 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.

17.(1) Quit claim letters patent

17. 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.

17.(2)Retroactive effect

17.(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.

18.(1) Land use conditions

18. 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.

18.(2)Where condition violated

18.(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 Ontario Court (General Division) 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.

18.(3)Idem

18.(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.

18.(4)Idem

18.(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.

19. 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.

20.(1) Licences of occupation

20. 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.

20.(2)Effect of licence of occupation

20.(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.

20.(3)As evidence

20.(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.

21. Easements

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

22. 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.

23.(1) Cancellation of sale, etc., of land in case of fraud or error, etc.

23. 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.

23.(2)Extension of time

23.(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.

24.(1) Definition

24. 24.(1) In this section,
"lands" means public lands and includes public lands covered with water.

24.(2)Mode of obtaining possession of public lands

24.(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 Ontario Court (General Division) 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.

24.(3)Idem

24.(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.

24.(4)Building or thing remaining on lands

24.(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.

24.(5)Recovery of cost and expense

24.(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.

24.(6)Effect of order or warrant

24.(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.

24.(7)Officer's right to demand assistance, etc.

24.(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.

24.(8)Person removed may be again removed

24.(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.

24.(9)Offence

24.(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 to a fine of not less than $20 and not more than $100 and to imprisonment for a term of not more than six months. R.S.O. 1990, c. P.43, s. 24.

25. 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.

26.(1) Penalty for unlawfully taking possession of public lands and erecting buildings, etc.

26. 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.

26.(2)Recovery of penalty

26.(2) A penalty imposed under subsection (1) is recoverable at the suit of the Minister in any court of competent jurisdiction.

26.(3)Idem

26.(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.

26.(4)Saving

26.(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.

27.(1) Unauthorized filling

27. 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.

27.(2)Removal of material, etc.

27.(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.

27.1.(1) Lost, mislaid or abandoned property

27.1 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.

27.1.(2)Crown prerogative preserved

27.1.(2) Subsection (1) shall not be construed to derogate from any Crown prerogative.

27.1.(3)Same

27.1.(3) If the property is perishable or has no commercial value, it may be given to a charitable institution or destroyed.

27.1.(4)Same

27.1.(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.

27.1.(5)Minister's direction

27.1.(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.

28.(1) Unauthorized occupation, etc., of posted public lands

28. 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.

28.(2)Offences

28.(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 and on conviction is liable to a fine of not more than $500. R.S.O. 1990, c. P.43, s. 28.

29.(1) Restraint on alienation of rights in unpatented lands

29. 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.

29.(2)Lands not to be liable for debts incurred before patent

29.(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.

30. 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.

31. 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.

32.(1) Cancellation of erroneous letters patent

32. 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.

32.(2)Effect of corrected letters patent

32.(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.

32.(3)Land registered under Land Titles Act

32.(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.

32.1.(1) Cancellation of duplicate letters patent

32.1 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.

32.1.(2)Registration

32.1.(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.

33. 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.

34.(1) Compensation for deficiency of land

34. 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.

34.(2)Case of free grants

34.(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.

34.(3)Limitations

34.(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.

35. 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.

36. 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.

37.(1) Definition

37. 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.

37.(2)Crown grants, release, grants of minerals registered in land registry offices

37.(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.

37.(3)Registration

37.(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.

37.1.(1) Transfer of administration and control

37.1 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).

37.1.(2)Terms and conditions

37.1.(2) A transfer by ministerial order is subject to any terms and conditions specified in the order.

37.1.(3)Crown grant

37.1.(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.

38.(1) Definition

38. 38.(1) In this section,
"Crown" means Her Majesty the Queen in right of Ontario as represented by the Minister.

38.(2)Certificate that land is public lands

38.(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.

38.(3)Registration

38.(3) The land registrar shall, without fee or charge, register every certificate received under subsection (2).

38.(4)Effect of registration

38.(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.

38.(5)Easements

38.(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.

38.(6)Restrictive covenants

38.(6) For the purposes of this section, a restrictive covenant running with land is considered to be an easement.

38.(7)Notice to adjoining land owners

38.(7) Before registering a certificate under subsection (3), the Minister shall give any person with a registered interest in land adjoining the land described in the certificate sixty days notice of the intention to register the certificate.

38.(8)Notice from adjoining land owners

38.(8) Any person receiving a notice under subsection (7) who has acquired an interest in the land described in the certificate by possession or by making improvements may give notice of the interest to the Minister before the certificate is filed.

38.(9)Amending certificate

38.(9) If the Minister is satisfied that land described in a certificate is subject to an interest, the Minister shall amend the certificate to reflect the interest. R.S.O. 1990, c. P.43, s. 38.

39.(1) How Ministry employees may acquire public lands

39. 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.

39.(2)Exception

39.(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.

40. 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.

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

42.(1) Sale of water powers or privileges

42. 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.

42.(2)Agreements, etc., to be signed by Minister

42.(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.

42.(3)Regulations re: additional charge

42.(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.

42.(4)Application of charge

42.(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.

42.(5)Regulation may be retroactive

42.(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.

43. 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.

44. 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.

45. 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.

46.(1) Acquisition of lands

46. 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.

46.(2)Agreements for works, etc.

46.(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.

46.(3)Registration of agreements

46.(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.

47. 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)regulating the use of or the kinds of activities carried on upon public lands. R.S.O. 1990, c. P.43, s. 47.

48. 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;
"public forest road" means a road, other than a private forest road, that is designated by the Minister as a public forest road;
"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. R.S.O. 1990, c. P.43, s. 48.

49. 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.

50.(1) No liability for damages

50. 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.

50.(2)Exception

50.(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.

51.(1) Public forest roads

51. 51.(1) The Minister may designate a road other than a private forest road as a public forest road.

51.(2)Application

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

52.(1) Closure of public forest roads

52. 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.

52.(2)Methods of closure

52.(2) A closing of a public forest road under subsection (1) may be effected by the erection of signs or barricades.

52.(3)Barricades

52.(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.

52.(4)Permits

52.(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.

52.(5)Offence

52.(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 on conviction is liable to a fine of not more than $500 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.

53. 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.

54.(1) Private forest roads

54. 54.(1) Except as provided in subsection (2), a private forest road is not open to travel by the public.

54.(2)Agreements

54.(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.

54.(3)Idem

54.(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.

54.(4)Status of road

54.(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.

54.(5)Closure of private forest roads

54.(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.

55. 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.

56. 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.

57.(1) Reservation of trees

57. 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.

57.(2)Cutting rights of settlers before patent

57.(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.

57.(3)Payment of Crown dues

57.(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.

57.(4)Revocation of timber licences on settlers' land

57.(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.

58.(1) Property in trees vested in patentee

58. 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.

58.(2)Reservations of trees voided

58.(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.

58.(3)Idem

58.(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.

58.(4)Idem

58.(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 (1-4).

58.(5)

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

58.(6)Acquisition of trees reserved

58.(6) If public land has been disposed of by the Crown under this or any other Act and some or all of the species of trees on the land have been reserved to the Crown and are not under timber licence, the Minister may acquire any species of trees so reserved at the price and on such conditions as the Minister considers proper. 1998, c. 18, Sched. I, s. 55.

59. 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.

60. 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.

61.(1) Mines and minerals on certain lands to be deemed to have passed to

patentee
61. 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.

61.(2)Exception as to application of subs. (1)

61.(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.

61.(3)Lands patented after May 6th, 1913

61.(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.

61.(4)Certificate

61.(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 (1-4).

61.(5)Fee for certificate

61.(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.

62.(1) Ores, etc., to be treated in Canada

62. 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.

62.(2)Easements

62.(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.

62.(3)Power to exempt lands

62.(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.

63. 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.

64.(1) Surface rights in roads, etc.

64. 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.

64.(2)Idem

64.(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.

64.(3)Idem

64.(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.

65.(1) Right to make roads reserved in sales, etc.

65. 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.

65.(2)Right to take wood, gravel, etc., for roads

65.(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.

65.(3)Minister or person authorized may exercise rights

65.(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.

65.(4)Right of passage over portages

65.(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 and on conviction is liable to a fine of not more than $100. R.S.O. 1990, c. P.43, s. 65.

66.(1) Release of road reservations

66. 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).

66.(2)Release of reservation

66.(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).

66.(3)Power to determine reservation

66.(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).

66.(4)Effect of order

66.(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 (3, 4).

67. 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.

68. 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.

68.1.(1) Application

68.1 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.

68.1.(2)Release of reservations by Ministerial order

68.1.(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.

68.1.(3)Authorization by regulation

68.1.(3) The Minister may not release a reservation unless the release is authorized by the regulations.

68.1.(4)Regulations authorizing release of reservations

68.1.(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.

69.(1) Certificate

69. 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).

69.(2)Fee for certificate

69.(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.

70. Penalty not otherwise provided for

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 $5,000. R.S.O. 1990, c. P.43, s. 70.

71. 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.

72. 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.

73. 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.

74. 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.

75.(1) Power to enter and use

75. 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.

75.(2)Compensation

75.(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.

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