Maintenance, repair or replacement of erosion control structures on shore lands
 8. (1) A person is not required under paragraph 4 or 6 of subsection 2 (1) to obtain a work permit to maintain, repair or replace an erosion control structure on shore lands, if the person complies with the requirements set out in subsection (3). O. Reg. 239/13, s. 8 (1); O. Reg. 160/17, s. 6 (1). (2) Despite subsection (1), if the shore lands or parts of the shore lands are within the Lake Simcoe watershed boundaries, the exemption under that subsection does not apply unless the shore lands or parts of the shore lands are also within the areas of jurisdiction of the Lake Simcoe Region Conservation Authority. O. Reg. 239/13, s. 8 (2). (3) 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 maintenance, repair or replacement of the erosion control structure is to be carried out, or ii.  separated from the shore lands where the maintenance, repair or replacement of the erosion control structure is to be carried out only by a road allowance or a strip of public lands. 2.  Before the commencement date of the maintenance, repair or replacement of the erosion control structure, the person gives the Minister notice of the fact that the person is about to begin the activity by submitting to the Minister a notice of activity form available on a Government of Ontario website, and the notice must include a description of the activity and of the location where it is to be carried out. 2.1  The person must not commence the maintenance, repair or replacement of the erosion control structure until they receive confirmation from the Ministry that their notice of activity form has been received by the Minister. 3.  The person follows the requirements of subsections (4) and (5) with respect to the completion of the notice of activity form and the keeping of records relating to the notice of activity form. 4.  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 length and width of the erosion control structure resulting from the activity must be the same as the length and width of the existing erosion control structure. iii.  The location of the erosion control structure resulting from the activity must overlap entirely with the location of the existing erosion control structure. 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. vii.  Any material that results from the activity, including sediment, debris and aquatic vegetation, must be disposed of on dry land and in a manner that prevents it from entering or re-entering any lake, river, stream or pond. O. Reg. 239/13, s. 8 (3); O. Reg. 160/17, s. 6 (2); O. Reg. 286/21, s. 5 (1, 2). (4) Before submitting a notice of activity form to the Minister, the person must ensure that, (a)  all mandatory information requested on the form, including the person’s contact information, has been provided; and (b)  the information provided on the form is complete and accurate. O. Reg. 239/13, s. 8 (4). (5) After submitting a notice of activity form to the Minister, the person must, (a)  promptly upon obtaining from the Ministry confirmation that a notice of activity form has been received by the Minister, make a record of the confirmation; and (b)  for as long as the activity is being carried out, (i)  keep the record of the confirmation on site, and (ii)  make the record of the confirmation available to the Ministry upon receiving a request for it. O. Reg. 239/13, s. 8 (5); O. Reg. 286/21, s. 5 (3). (6) A person who provides incomplete, false or misleading information on a notice of activity form is deemed not to have submitted the notice of activity form. O. Reg. 239/13, s. 8 (6). (7) For the purposes of this section, “areas of jurisdiction of the Lake Simcoe Region Conservation Authority” means the areas within the jurisdiction of the Lake Simcoe Region Conservation Authority, as described in subsection 2 (2) of Ontario Regulation 179/06 (Lake Simcoe Region Conservation Authority: Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) made under the Conservation Authorities Act; “commencement date of the maintenance, repair or replacement of the erosion control structure” means the date on which work on the existing erosion control structure begins; “Lake Simcoe watershed boundaries” means the boundaries of the Lake Simcoe watershed, as described in subsection 2 (1) of Ontario Regulation 219/09 (General) made under the Lake Simcoe Protection Act, 2008. O. Reg. 239/13, s. 8 (7).