Relocating rocks on shore lands
 7. (1) A person is not required under paragraph 3 of subsection 2 (1) to obtain a work permit to relocate rocks on shore lands, if the person complies with the requirements set out in subsection (2). O. Reg. 239/13, s. 7 (1). (2) The requirements referred to in subsection (1) are the following: 1.  The person is the owner of waterfront property that is, i.  adjacent to the shore lands where the relocation of rocks is to be carried out, or ii.  separated from the shore lands where the relocation of rocks is to be carried out only by a road allowance or a strip of public lands. 2.  The person carries out the activity in accordance with the following requirements: i.  The activity must be carried out within the straight line production of the sidelines of the waterfront property. ii.  The rocks must not be removed from the water and must be distributed randomly in a manner that prevents an erosion control structure, such as a groyne, from forming. iii.  The area from which rocks are to be relocated must comply with the requirements of subsections (3) to (7) with respect to its shape, dimensions and location. iv.  In-water work related to the activity must not be carried out during the timing windows when in-water work related to the activity is restricted, as determined in accordance with the In-water Work Timing Window Guidelines. v.  If any work related to the activity is likely to disturb sediments, sediment controls containing the area where the work is carried out, A.  must be installed before the work begins, B.  must be maintained for the duration of the work, and C.  must not be removed until after the area has stabilized. vi.  Wheeled or tracked machinery or equipment used in connection with the activity, A.  must be used on dry land or used from a barge or vessel, B.  must be operated from dry land or operated from a barge or vessel, and C.  must be stored on dry land or stored on a barge or vessel. O. Reg. 239/13, s. 7 (2); O. Reg. 160/17, s. 5; O. Reg. 286/21, s. 4. (3) The area to be cleared must form a channel that runs perpendicular to the shoreline and has a width not exceeding six metres, measured parallel to the shoreline. O. Reg. 239/13, s. 7 (3). (4) If the area to be cleared was previously cleared, the following applies: 1.  The area to be cleared must comply with the requirements of subsection (3). 2.  Subject to subsections (5) to (7), the location of the area to be cleared must comply with the following requirements: i.  The area to be cleared must be located entirely within the area previously cleared, if the dimensions of the area to be cleared are less than the dimensions of the area previously cleared. ii.  The area to be cleared must overlap entirely with the area previously cleared, if the dimensions of the area to be cleared are equal to the dimensions of the area previously cleared. iii.  The area to be cleared must include the entire area previously cleared, if the dimensions of the area to be cleared exceed the dimensions of the area previously cleared. O. Reg. 239/13, s. 7 (4). (5) If the area to be cleared was previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (4) shall be read as references to the area previously cleared under the work permit. O. Reg. 239/13, s. 7 (5). (6) If the area to be cleared was previously cleared under an exemption under this section, references to “area previously cleared” in paragraph 2 of subsection (4) shall be read as references to the area previously cleared under the exemption. O. Reg. 239/13, s. 7 (6). (7) If the area to be cleared was previously cleared under an exemption under this section and was also previously cleared under the authority of a work permit issued on or after January 1, 2014, references to “area previously cleared” in paragraph 2 of subsection (4) shall be read, at the option of the person referred to in paragraph 1 of subsection (2), (a)  as references to the area previously cleared under the exemption; or (b)  as references to the area previously cleared under the work permit. O. Reg. 239/13, s. 7 (7). (8) For the purposes of this section, “cleared”, in relation to an area, means an area from which rocks are relocated. O. Reg. 239/13, s. 7 (8).