Public Lands Act, R.S.O. 1990, c. P.43

• Jurisdiction: Ontario

Public Lands Act

R.S.O. 1990, CHAPTER P.43

Consolidation Period: From July 1, 2022 to the e-Laws currency date.

Last amendment: 2021, c. 34, Sched. 23.

CONTENTS

Definitions

1 In this Act,

“boat” includes a motorboat, rowboat, canoe, punt, sailboat or raft; (“bateau”)

“conveyance” means a vehicle, boat or aircraft; (“moyen de transport”)

“Deputy Minister” means the deputy minister of the Minister; (“sous-ministre”)

“land use plan” means a land use plan mentioned in subsection 12 (2); (“plan d’aménagement du territoire”)

“mines and minerals” includes gold, silver, copper, lead, iron and other mines and minerals, and quarries, and beds of stone, marble or gypsum; (“mines et minéraux”)

“Minister” means the member of the Executive Council to whom responsibility for the administration of this Act or part of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“officer” means an officer appointed to carry out and enforce this Act and the regulations under subsection 5 (1); (“agent”)

“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”)

“vehicle” means any kind of vehicle that is driven, propelled or drawn on land or ice by any kind of power, including muscular power, and includes the rolling stock of a railway. (“véhicule”) R.S.O. 1990, c. P.43, s. 1; 2010, c. 18, s. 25 (1); 2016, c. 8, Sched. 5, s. 1; 2021, c. 34, Sched. 23, s. 1.

Section Amendments with date in force (d/m/y)

2010, c. 18, s. 25 (1) - 31/01/2011

2016, c. 8, Sched. 5, s. 1 - 09/06/2016

2021, c. 34, Sched. 23, s. 1 (1, 2) - 02/12/2021

PART I
THE MINISTRY

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.

Delegation of powers

(3) In addition to the authority given the Minister to delegate powers to an employee of the ministry under section 7 of the Ministry of Natural Resources Act, the Minister may delegate any of his or her powers under this Act that are prescribed by regulation to a person or body prescribed by the regulations, subject to the limitations prescribed by the regulations. 2012, c. 8, Sched. 49, s. 1.

Crown not liable for delegate’s acts

(4) No action or other proceeding shall be instituted against the Crown, the Minister, or any official or employee of the Ministry for any act or omission of a person or body to whom powers are delegated under subsection (3) or of an employee or agent of the delegate. 2012, c. 8, Sched. 49, s. 1.

Performance agreement

(5) If the Minister delegates powers under subsection (3), the Minister and the delegate shall enter into a performance agreement setting out measurable performance goals and objectives for the delegate. 2012, c. 8, Sched. 49, s. 1.

Annual performance assessment

(6) Every year, the delegate shall prepare a performance assessment demonstrating that the performance goals and objectives set out in the performance agreement are being met. 2012, c. 8, Sched. 49, s. 1.

Failure to meet performance goals, etc.

(7) If the Minister believes that a delegate has failed to meet the performance goals and objectives set out in the performance agreement, the Minister shall give the delegate written notice of his or her belief and require that the delegate fulfil the requirements of the performance agreement within such time period as may be specified in the notice. 2012, c. 8, Sched. 49, s. 1.

Failure to comply

(8) If a delegate fails to comply with a notice given under subsection (7), the Minister may terminate the performance agreement and revoke the delegation made under subsection (3). 2012, c. 8, Sched. 49, s. 1.

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. I, s. 48 - 18/12/1998

2012, c. 8, Sched. 49, s. 1 - 20/06/2012

Public reserves

3 (1) Where 25 per cent or more of the frontage of lands fronting on a body of water are public lands, lands comprising at least 25 per cent of the frontage and to such depth as the Minister considers appropriate shall be set apart for recreational and access purposes and, where less than 25 per cent of the frontage of lands fronting on a body of water are public lands, all public lands fronting thereon and to such depth as the Minister considers appropriate shall be set apart for such purposes. R.S.O. 1990, c. P.43, s. 3.

Transfers, dispositions, etc.

(2) Nothing in subsection (1) prevents the Minister from doing any of the following:

1. Ordering the transfer of the administration and control of public lands in accordance with section 37.1.

2. Directing the disposal of public lands for the purpose of implementing an agreement involving the Crown in right of Ontario and an Indigenous community.

3. Directing the disposal of public lands to a municipality. 2021, c. 34, Sched. 23, s. 3.

Section Amendments with date in force (d/m/y)

2021, c. 34, Sched. 23, s. 3 - 02/12/2021

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.

Officers

Appointment

5 (1) The Minister may appoint such officers to carry out and enforce this Act and the regulations as the Minister considers necessary. R.S.O. 1990, c. P.43, s. 5 (1).

Entry upon private land

(2) Subject to subsection (4), an officer appointed under subsection (1) and any person accompanying that officer and acting under the officer’s instructions may, at all reasonable times and upon producing proper identification, enter and inspect any private land for the purposes of this Act. R.S.O. 1990, c. P.43, s. 5 (2).

(3) Repealed: 2016, c. 8, Sched. 5, s. 2.

Search warrant

(4) An officer or any person accompanying the officer and acting under the officer’s instructions shall not enter any room or place actually used as a dwelling without the consent of the occupier, except under the authority of a search warrant issued under section 158 of the Provincial Offences Act. R.S.O. 1990, c. P.43, s. 5 (4).

Section Amendments with date in force (d/m/y)

2016, c. 8, Sched. 5, s. 2 - 09/06/2016

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)...