jswizzle3737/ontario_laws_and_regs huggingface dataset:
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
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
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
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
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
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) 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).
8 (1) Where in any instrument, including a Crown grant, there is a description of a township lot or any part of a township lot and by reason of an error in the original survey of the boundaries of any lake, river or stream the whole or part of which is situate in or flows through the township or by reason of no survey of such boundaries having been made in the original survey of the township the boundaries of such lot or part do not approximate the boundaries of such lot or part as established by a resurvey of the township or any part thereof, the Minister may cause an altering and amending plan to be prepared by an Ontario land surveyor.  R.S.O. 1990, c. P.43, s. 8 (1). Manner of preparation (2) Every altering and amending plan shall conform as nearly as may be to a plan of subdivision under section 144 of the Land Titles Act or section 78 of the Registry Act, as the case may be, except that it shall be signed by the Surveyor General or his deputy on behalf of all persons having an interest in the land shown thereon.  R.S.O. 1990, c. P.43, s. 8 (2). Hearing, etc. (3) When an altering and amending plan has been prepared, the Minister shall send a print of the plan by registered mail to each person appearing to have an interest therein, whereupon the provisions of section 48 of the Surveys Act with respect to notice, hearing and confirmation apply with necessary modifications.  R.S.O. 1990, c. P.43, s. 8 (3). Boundaries confirmed (4) An altering and amending plan, when confirmed by the Minister pursuant to subsection (3), shall be registered in the proper land registry office, whereupon the boundaries of the lots or blocks shown thereon shall be deemed to be the true boundaries of such lots or blocks.  R.S.O. 1990, c. P.43, s. 8 (4). Procedure in land registry office (5) Where an altering and amending plan has been registered in a land registry office for a land titles division, the registers for the parcels affected shall be amended accordingly.  R.S.O. 1990, c. P.43, s. 8 (5). Idem (6) Where an altering and amending plan has been registered in a land registry office for a registry division, the land registrar shall keep an index of the land described and designated by any number or letter on the plan by the name by which it is so designated and every instrument affecting the land or any part thereof, executed after the plan is registered, shall conform and refer thereto, otherwise it shall not be registered except in cases provided for by section 86 of the Registry Act.  R.S.O. 1990, c. P.43, s. 8 (6). Costs and expenses (7) The costs and expenses of and incidental to the preparation and registration of an altering and amending plan shall be paid out of the money appropriated therefor by the Legislature.  R.S.O. 1990, c. P.43, s. 8 (7).
9 (1) Where an application to purchase public lands that are open for sale but are not surveyed is received, the Surveyor General may require the applicant to have a survey made and to bear the cost thereof, or may fix the survey fee to be paid by the applicant, and upon payment of the survey fee the Surveyor General shall cause the lands to be surveyed.  R.S.O. 1990, c. P.43, s. 9 (1). Idem (2) The requirements of subsection (1) are additional to the payment of the sale price of the lands.  R.S.O. 1990, c. P.43, s. 9 (2). Grants, Sales, Licences of Occupation, etc. 10 Repealed:  2000, c. 26, Sched. L, s. 9 (1). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (1) - 6/12/2000
11 (1) The Minister may set apart areas of public lands for any purpose that will benefit research in, and the management, utilization and administration of, the public lands and forests.  R.S.O. 1990, c. P.43, s. 11 (1); 2021, c. 34, Sched. 23, s. 4. (2) Repealed:  2010, c. 16, Sched. 10, s. 4 (1). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (1) - 25/10/2010 2021, c. 34, Sched. 23, s. 4 - 02/12/2021
12 (1) The Minister may designate as a planning unit all or any area of public land that is not a planning area, as defined in the Far North Act, 2010, to which a community based land use plan, as defined in that Act, applies.  2010, c. 18, s. 25 (2). Land use plan (2) The Minister may require that a land use plan be prepared for a planning unit.  2010, c. 18, s. 25 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 49 - no effect - see 2010, c. 18, s. 25 (3) - 31/01/2011 2010, c. 18, s. 25 (2) - 31/01/2011
12.1 (1) The Minister may establish policies and guidelines for land use planning.  2010, c. 18, s. 25 (2). Advisory committees (2) The Minister may establish one or more advisory committees to provide the Minister with advice on land use planning.  2010, c. 18, s. 25 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 49 - no effect - see 2010, c. 18, s. 25 (3)
- 31/01/2011 2010, c. 18, s. 25 (2) - 31/01/2011
12.2 (1) A land use plan shall be prepared in accordance with the land use planning policies and guidelines mentioned in subsection 12.1 (1).  2010, c. 18, s. 25 (2). Approval required (2) A land use plan is of no effect unless the Minister approves it, as the Minister considers appropriate.  2010, c. 18, s. 25 (2). Amendments (3) The Minister may, at any time, amend, in accordance with the land use planning policies and guidelines, a land use plan that the Minister previously approved.  2010, c. 18, s. 25 (2). No hearing required (4) The Minister is not required to hold or afford to any person an opportunity for a hearing before exercising any powers under this section.  2010, c. 18, s. 25 (2). Non-application of Environmental Assessment Act (5) For greater certainty, a land use plan is not an undertaking as defined in the Environmental Assessment Act.  2010, c. 18, s. 25 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 12.2 (5) of the Act is repealed. (See: 2020, c. 18, Sched. 6, s. 63) Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 49 - no effect - see 2010, c. 18, s. 25 (3)
- 31/01/2011 2010, c. 18, s. 25 (2) - 31/01/2011 2020, c. 18, Sched. 6, s. 63 - not in force
12.3 (1) All activities carried out within a planning unit designated under subsection 12 (1) shall be consistent with the land use plan approved for the planning unit.  2010, c. 18, s. 25 (2). Minister’s order (2) The Minister may, by order, require any person to stop any activity that, in the opinion of the Minister, contravenes subsection (1).  2010, c. 18, s. 25 (2). Compliance (3) No person shall contravene or fail to comply with the Minister’s order.  2010, c. 18, s. 25 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 49 - no effect - see 2010, c. 18, s. 25 (3) - 31/01/2011 2010, c. 18, s. 25 (2) - 31/01/2011 12.4 Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 49 - no effect - see 2010, c. 18, s. 25 (3) - 31/01/2011 2009, c. 12, Sched. L, s. 22 - 14/05/2009
13 (1) The Minister may designate any area in territory without municipal organization as a restricted area, and may issue permits for the erection of buildings or structures or the making of improvements on lands in any such area on such terms and conditions in any case as the Minister considers proper.  R.S.O. 1990, c. P.43, s. 13 (1); 2021, c. 34, Sched. 23, s. 5. Permits (2) Except under the authority of a permit issued under this Act, no person shall erect or cause to be erected any building or structure or make or cause to be made any improvement on any lands in any area in territory without municipal organization that is designated by the Minister as a restricted area.  R.S.O. 1990, c. P.43, s. 13 (2). Offences (3) Every person who erects or causes to be erected a building or structure or makes or causes to be made any improvement on lands in an area designated by the Minister as a restricted area without a permit therefor and every person who contravenes or causes to be contravened any term or condition of a permit issued under this section is guilty of an offence.  R.S.O. 1990, c. P.43, s. 13 (3); 2000, c. 26, Sched. L, s. 9 (2). Daily penalty (4) An officer who finds a building or structure being erected or an improvement being made without the authority of a permit may order that work on the building, structure or improvement cease until a permit is obtained and any person continuing the work or causing the work to be continued in contravention of the order is guilty of an offence and on conviction is, in addition to any fine that may be imposed under subsection (3), liable to a fine of not less than $200 for each day the work is continued in contravention of the order.  R.S.O. 1990, c. P.43, s. 13 (4). Order to dismantle and remove building, etc. (5) Upon conviction of any person of an offence under this section, the court, in addition to the imposition of a fine, may order that person to dismantle and remove any building or structure erected or improvement made in contravention of this section within such time as the court orders and, if the person convicted fails to comply with the order, the Minister may cause the building, structure or improvement to be dismantled and removed and any cost or expense incurred thereby is a debt due the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person convicted.  R.S.O. 1990, c. P.43, s. 13 (5). Exception, mines, etc. (6) This section does not apply to the erection of buildings or structures or the making of improvements on lands for the purpose of the exploration or development of mines, minerals or mining rights.  R.S.O. 1990, c. P.43, s. 13 (6). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (2) - 6/12/2000 2021, c. 34, Sched. 23, s. 5 - 02/12/2021
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).  R.S.O. 1990, c. P.43, s. 15 (1); 2021, c. 34, Sched. 23, s. 6. Terms and conditions of sale or lease (2) The Minister may fix such terms and conditions of sale or lease as the Minister considers proper in addition to those required under subsection (1).  R.S.O. 1990, c. P.43, s. 15 (2). Idem (3) Any regulation made under subsection (1) may be made applicable to any part of Ontario and may for the purposes of subsection (1) define any term used therein.  R.S.O. 1990, c. P.43, s. 15 (3). Sale by tender or auction (4) The Minister may, whether or not the consideration has been fixed by the regulations, dispose of public lands by tender or by auction upon such terms and conditions as the Minister considers proper.  R.S.O. 1990, c. P.43, s. 15 (4). Subsequent sale or lease (5) Where public lands offered for sale or lease by tender or auction are not disposed of, the Minister may at any time thereafter sell or lease any such lands at such price or rental and upon such terms and conditions as the Minister considers proper.  R.S.O. 1990, c. P.43, s. 15 (5). Reservation of mines and minerals (6) In every sale or other disposition of public lands for summer resort locations there shall be reserved to the Crown all mines and minerals thereon or thereunder, and the instrument of sale or other disposition shall so provide.  R.S.O. 1990, c. P.43, s. 15 (6). Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 23, s. 6 - 02/12/2021
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. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 50 - 18/12/1998
17 (1) Subject to subsection (1.1), 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 Real Property Limitations Act, the Minister may direct the issue of quit claim letters patent in respect of the land to that person or to that person’s predecessor in possession if the right of recovery was barred against that predecessor upon such conditions as the Minister considers proper.  R.S.O. 1990, c. P.43, s. 17 (1); 2002, c. 24, Sched. B, s. 44; 2021, c. 34, Sched. 23, s. 7 (1). Application of subs. (1) (1.1) Subsection (1) applies only if the right to bring an action on behalf of Her Majesty against a person for the recovery of the land was barred by the Real Property Limitations Act before the day the Supporting People and Businesses Act, 2021 received Royal Assent. 2021, c. 34, Sched. 23, s. 7 (2). Retroactive effect (2) Where quit claim letters patent are issued under subsection (1) to a person’s predecessor in possession, the quit claim letters patent shall specify a date during the period of time that the predecessor had possession and the quit claim letters patent shall, (a) relate back to the date so specified; and (b) have the same effect as if issued at the date so specified.  R.S.O. 1990, c. P.43, s. 17 (2). Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 44 - 1/01/2004 2021, c. 34, Sched. 23, s. 7 (1, 2) - 02/12/2021
17.1 (1) Despite any other law, including the Real Property Limitations Act
and any other Act or any common law rule, but subject to subsection (3), no person may acquire a right, title or interest in public lands, including lands described in subsection (2), by or through the use, possession or occupation of the lands or by prescription on or after the day the Supporting People and Businesses Act, 2021 receives Royal Assent. 2021, c. 34, Sched. 23, s. 8. Additional public lands (2) For greater certainty, “public lands” for the purposes of this section includes lands acquired by the Crown in right of Ontario at any time for the purposes of a past or current program of the Ministry. 2021, c. 34, Sched. 23, s. 8. Application (3) This section does not apply if the right to bring an action on behalf of Her Majesty against a person for the recovery of the lands was barred by the Real Property Limitations Act
before the day the Supporting People and Businesses Act, 2021 received Royal Assent. 2021, c. 34, Sched. 23, s. 8. Proceedings barred (4) No proceeding may be brought or maintained in respect of a matter referred to in subsection (1). 2021, c. 34, Sched. 23, s. 8. Proceedings set aside (5) A proceeding that may not be maintained under subsection (4) is deemed to have been dismissed, without costs, on the day the Supporting People and Businesses Act, 2021
received Royal Assent. 2021, c. 34, Sched. 23, s. 8. Order (6) Subject to subsection (7), the Minister may issue an order directing the appropriate land registrar to delete any instrument or deposit specified in the order that is registered or deposited on title to public lands under the Registry Act. 2021, c. 34, Sched. 23, s. 8. Application (7) Subsection (6) applies only to instruments or deposits registered or deposited against lands claimed by or through the use, possession or occupation of the lands or by prescription in circumstances where subsection (1) applies to the claim. 2021, c. 34, Sched. 23, s. 8. Deletion (8) Upon registration of the order referred to in subsection (6) in the proper land registry office in a manner approved by the Director of Titles, the land registrar shall delete the instruments or deposits specified in the order. 2021, c. 34, Sched. 23, s. 8. No compensation (9) No person is entitled to any compensation for any loss or damages, including loss of revenues or loss of profit, arising from the enactment, amendment, repeal or application of subsection 17 (1.1) or this section. 2021, c. 34, Sched. 23, s. 8. No expropriation (10) Nothing in subsection 17 (1.1) or this section and nothing done or not done in accordance with subsection 17 (1.1) or this section constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2021, c. 34, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 23, s. 8 - 02/12/2021
18 (1) Letters patent for land sold or leased under this Act may contain a condition that the land is to be used in a particular manner or a condition that the land is not to be used in a particular manner and every such condition shall be deemed to be annexed to the land.  R.S.O. 1990, c. P.43, s. 18 (1). Where condition violated (2) Where land has been or is being used in violation of a condition in the letters patent, the Minister may apply to a judge of the Superior Court of Justice for an order forfeiting the land to the Crown and for possession of the land, and the judge, upon proof to his or her satisfaction that the land has been or is being used in violation of the condition, shall make an order declaring that, upon registration of the order under subsection (4), the land is forfeit to the Crown and requiring any person in possession of the land to deliver up possession of the land to the Minister or to any person authorized by the Minister to receive possession of it.  R.S.O. 1990, c. P.43, s. 18 (2); 2001, c. 9, Sched. K, s. 5 (1). Idem (3) An order made under subsection (2) has the same force as a writ of possession and the sheriff or bailiff or person to whom it is entrusted for execution shall execute it in like manner as he or she would a writ of possession in an action for the recovery of land.  R.S.O. 1990, c. P.43, s. 18 (3). Idem (4) A certified copy of an order made under subsection (2) shall be registered in the proper land registry office and, upon registration, the land is vested in the Crown and may be granted, sold, leased or otherwise disposed of in the same manner as public lands may be dealt with under the laws of Ontario.  R.S.O. 1990, c. P.43, s. 18 (4). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. K, s. 5 (1) - 29/06/2001
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. Release of habendum or certain restrictions 19.1 (1) If public lands have been sold under this or any other Act, whether before or after the day this section comes into force, and the letters patent contain a restriction in the habendum with respect to the purposes for which the lands may be used or any other restriction limiting the use of the lands or limiting the owner’s ability to further transfer or deal with the lands, the Minister may, upon such terms and conditions as the Minister considers proper, make an order releasing the land or any part of it from the restriction. 2021, c. 34, Sched. 23, s. 9. Effect (2) An order made under subsection (1) in respect of a restriction in a habendum has the same legal effect as if the release of the restriction had been confirmed through the issuance of supplemental letters patent. 2021, c. 34, Sched. 23, s. 9. Order sent to land registry office (3) The Minister may, in the Minister’s discretion, register the order in the proper land registry office in a manner approved by the Director of Titles. 2021, c. 34, Sched. 23, s. 9. Registration (4) Upon registration of an order under subsection (3) the land registrar shall provide a copy, including the particulars of the registration, to the person or entities identified by the Ministry. 2021, c. 34, Sched. 23, s. 9. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 23, s. 9 - 02/12/2021
20 (1) The Minister may issue under his or her hand and seal a licence of occupation to any person who has purchased, or is permitted to occupy, or is entrusted with the care or protection of any public lands or who has received or been located on any public lands as a free grant.  R.S.O. 1990, c. P.43, s. 20 (1). Effect of licence of occupation (2) Such person or the person’s assigns may take possession of and occupy the land for which the licence is issued, subject to the conditions of the licence, and may under it, unless it has been revoked or cancelled, maintain actions against any wrongdoer or trespasser, as effectually as the person could under letters patent from the Crown.  R.S.O. 1990, c. P.43, s. 20 (2). As evidence (3) The licence of occupation is proof, in the absence of evidence to the contrary, of the right to possession by such person and the person’s assigns of the land, but has no force against a licence to cut pine trees existing at the time of its issue or where the pine trees are reserved to the Crown against a licence to cut such trees then existing or thereafter issued.  R.S.O. 1990, c. P.43, s. 20 (3).
21 The Minister may grant easements in or over public lands for any purpose.  R.S.O. 1990, c. P.43, s. 21.
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) If the Minister is satisfied that a purchaser, locatee or lessee of public lands, or any person claiming under or through a purchaser, locatee or lessee of public lands, has been guilty of fraud or imposition, or has violated any of the conditions of sale, location or lease, or of the licence of occupation, the Minister may cancel such sale, location, lease or licence, and resume the land and dispose of it as if the same had never been made, and upon such cancellation all money paid in respect of such sale, location or lease remain the property of the Crown and the improvements, if any, on the land are forfeited to the Crown.  R.S.O. 1990, c. P.43, s. 23 (1). Extension of time (2) The Minister may, upon payment of any required fee, extend the time for the performance of any condition of a sale or lease for such period as is fixed by the regulations.  R.S.O. 1990, c. P.43, s. 23 (2); 2021, c. 34, Sched. 23, s. 10. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 23, s. 10 - 02/12/2021 Taking possession of public lands
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) Any person who enters into possession of public lands without lawful authority and erects any building or structure or makes any improvements thereon is liable to a penalty of an amount equal to twice the market value of the public land so entered as determined by the Minister.  R.S.O. 1990, c. P.43, s. 26 (1). Recovery of penalty (2) A penalty imposed under subsection (1) is recoverable at the suit of the Minister in any court of competent jurisdiction.  R.S.O. 1990, c. P.43, s. 26 (2). Idem (3) If a person fails to pay a penalty imposed under subsection (1) and the Minister brings an action for the recovery of the penalty, it is the duty of the court, (a) to determine whether such person is liable to a penalty under subsection (1); (b) if it is determined that the person is liable to a penalty, to confirm or vary the amount thereof claimed by the Minister; (c) to give such judgment as it considers proper; and (d) to make such order as to costs or otherwise as it considers proper.  R.S.O. 1990, c. P.43, s. 26 (3). Saving (4) Nothing in this section limits or in any way affects any right or remedy of the Minister or the Crown at common law or under any statute.  R.S.O. 1990, c. P.43, s. 26 (4).
27 (1) Except with the written consent of the Minister or an officer authorized by the Minister, no person shall deposit or cause to be deposited any material, substance or thing, (a) on public lands, whether or not the lands are covered with water or ice; or (b) on water or ice covering public lands.  2010, c. 16, Sched. 10, s. 4 (2). Removal of material, etc. (2) The Minister may remove any material, substance or thing deposited contrary to subsection (1), and any cost or expense incurred thereby is a debt due the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person who deposited the material, substance or thing or the person who caused it to be deposited.  R.S.O. 1990, c. P.43, s. 27 (2). (3) Repealed: 2016, c. 8, Sched. 5, s. 3. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (5) - 6/12/2000 2010, c. 16, Sched. 10, s. 4 (2) - 25/10/2010 2016, c. 8, Sched. 5, s. 3 - 09/06/2016
27.1 (1) Subject to the Mining Act, any personal property found on public land that is not claimed by the owner within three months is the property of the Crown in right of Ontario and may be sold under the direction of the Minister.  1998, c. 18, Sched. I, s. 51. Crown prerogative preserved (2) Subsection (1) shall not be construed to derogate from any Crown prerogative.  1998, c. 18, Sched. I, s. 51. Same (3) If the property is perishable or has no commercial value, it may be given to a charitable institution or destroyed.  1998, c. 18, Sched. I, s. 51. Same (4) If a person establishes, to the satisfaction of the Minister within one year after the date of sale, that the person was the owner of property sold under subsection (1), the Minister may direct payment to the person of an amount equal to the price received for the property less the cost of the sale and other expenses incurred in connection with the property.  1998, c. 18, Sched. I, s. 51. Minister’s direction (5) Subsection (1) does not apply if the Minister, in writing, refuses to accept ownership of the property.  1998, c. 18, Sched. I, s. 51. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 51 - 18/12/1998
28 (1) The Ministry may give notice prohibiting, controlling or governing, (a) the possession, occupation or any use or uses of public lands or roads under the jurisdiction of the Minister; or (b) the parking of vehicles on public lands or the roads described in clause (a).  2010, c. 16, Sched. 10, s. 4 (3). Methods of giving notice (2) A notice mentioned in subsection (1) may be given, (a) in those newspapers and other media that the Minister considers appropriate; (b) by means of signs posted on the public lands or the road to which the notice applies so that it is clearly visible in daylight under normal conditions from the approach or each point of access to the lands or road; or (c) by means of the marking system described in section 7 of the Trespass to Property Act.  2010, c. 16, Sched. 10, s. 4 (3). Offences (3) A person is guilty of an offence if the person possesses, occupies or uses any public lands or a road in contravention of a notice given under subsection (1) or parks a vehicle on public lands or a road in contravention of any such notice.  2010, c. 16, Sched. 10, s. 4 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (6) - 6/12/2000 2010, c. 16, Sched. 10, s. 4 (3) - 25/10/2010
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.  R.S.O. 1990, c. P.43, s. 29 (1); 2019, c. 14, Sched. 14, s. 12 (1) and 2021, c. 25, Sched. 26, s. 2. Lands not to be liable for debts incurred before patent (2) Except by mortgage or charge thereon made in favour of the Crown, neither the land nor any interest or right therein is, before the issue of letters patent, liable for the satisfaction of any debt or liability contracted or incurred by such purchaser, or the purchaser’s heirs or devisees.  R.S.O. 1990, c. P.43, s. 29 (2). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 14, s. 12 (1) - 01/01/2022 30 Repealed:  2010, c. 16, Sched. 10, s. 4 (4). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (4) - 25/10/2010
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.
31.1 The Minister may make an order cancelling letters patent that have not been registered in the proper land registry office.  1999, c. 12, Sched. N, s. 6. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 6 - 22/12/1999
32 (1) Where letters patent have been issued to or in the name of the wrong person, through mistake, or contain any clerical error or misnomer or a wrong description of the land intended to be granted, the Minister, if there is no adverse claim, may direct the defective letters patent to be cancelled and corrected letters patent to be issued in their stead.  R.S.O. 1990, c. P.43, s. 32 (1). Effect of corrected letters patent (2) Corrected letters patent heretofore or hereafter issued shall, (a) relate back to the date of the defective letters patent cancelled pursuant to subsection (1); (b) have the same effect as if issued at the date of the defective letters patent cancelled pursuant to subsection (1); and (c) have the effect of correcting with necessary modifications every instrument made prior to the date of such corrected letters patent by the patentee or any person claiming through or under the patentee.  R.S.O. 1990, c. P.43, s. 32 (2). Land registered under Land Titles Act (3) The powers conferred by subsection (1) may be exercised even if the land has been registered under the Land Titles Act.  R.S.O. 1990, c. P.43, s. 32 (3).
32.1 (1) If two or more letters patent grant identical parcels of land to the same person, the Minister may make an order cancelling all but the earliest of the letters patent.  1998, c. 18, Sched. I, s. 52. Registration (2) The Minister may cause an order under subsection (1) to be registered in the proper land registry office.  1998, c. 18, Sched. I, s. 52. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 52 - 18/12/1998
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) Where by reason of erroneous survey or of error in the books or plans in the Ministry any grant, sale or appropriation of land is found to be deficient, or any parcel of land contains less than the quantity of land mentioned in the letters patent therefor, the Minister may direct that the purchase money of so much land as is deficient, with interest thereon from the time of the application for a refund or if the land has passed from the original purchaser, the Minister may direct that the purchase money that the claimant, if the claimant was ignorant of the deficiency at the time of the claimant’s purchase, paid for so much of the land as is deficient, with interest thereon from the time of the application for a refund, be paid to the claimant in land or money, as the Minister may direct.  R.S.O. 1990, c. P.43, s. 34 (1). Case of free grants (2) In the case of a free grant, the Minister may direct a grant to be made of other land equal in value to so much of the land intended to be granted as is deficient, as a free grant.  R.S.O. 1990, c. P.43, s. 34 (2). Limitations (3) No claim shall be entertained unless it concerns a deficiency of at least one-tenth of the whole quantity described as being contained in the land granted and the claim is brought within five years from the date of the letters patent.  2006, c. 19, Sched. P, s. 5 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. P, s. 5 (2) - 22/06/2006
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 (1) The Minister shall, in accordance with subsection (2), transmit to the Municipal Property Assessment Corporation one or more lists 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 one or more lists 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. 2019, c. 14, Sched. 15, s. 57. Timing (2) The Minister shall transmit the lists under subsection (1), (a) at least once in every calendar year; or (b) if an alternative schedule has been established jointly by the Minister and the Municipal Property Assessment Corporation, in accordance with that schedule. 2019, c. 14, Sched. 15, s. 57. Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 28 (1) - 1/01/2009 2019, c. 14, Sched. 15, s. 57 - 10/12/2019 Grants, etc.
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 but does not include a transfer of such an interest or a grant of an easement under section 37.2.  R.S.O. 1990, c. P.43, s. 37 (1); 2020, c. 34, Sched. 22, s. 1. Crown grants, release, grants of minerals registered in land registry offices (2) If a Crown grant of public lands, a release under subsection 58 (6) or a grant under The Canada Company’s Lands Act, being chapter 24 of the Statutes of Ontario, 1922, is given, the Minister shall forward the instrument by which the release or grant is given to the proper land registry office.  R.S.O. 1990, c. P.43, s. 37 (2). Registration (3) Upon receipt of an instrument under subsection (2), the land registrar shall, without fee or other charge, register the instrument, note particulars of registration on a copy and forward the copy to the grantee at the address furnished by the Ministry.  R.S.O. 1990, c. P.43, s. 37 (3). Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 22, s. 1 - 08/12/2020
37.1 (1) The Minister may, by order signed by him or her, transfer the administration and control of public lands to, (a) the Crown in right of Canada; (b) another Minister of the Crown in right of Ontario; (c) a Crown agency within the meaning of the Crown Agency Act; or (d) an agent corporation within the meaning of the Financial Administration Act (Canada).  1998, c. 18, Sched. I, s. 53. Terms and conditions (2) A transfer by ministerial order is subject to any terms and conditions specified in the order.  1998, c. 18, Sched. I, s. 53. Release from reversionary clause (2.1) If an order under subsection (1), or an order-in-council, that transfers responsibility for the administration and control of public lands from the Minister to the Crown in right of Canada or an agent corporation within the meaning of the Financial Administration Act (Canada) contains either a provision requiring that the administration and control of the lands be returned to the Crown in right of Ontario at some point in time or upon such other specified terms or a provision requiring that the lands be used by the Crown in right of Canada or the agent corporation only for a specified purpose, the Minister may, by order, release the Crown in right of Canada or the agent corporation from any such requirement. 2021, c. 34, Sched. 23, s. 11 (1). Order sent to land registry office (3) The Minister may, in the Minister’s discretion, register the order in the proper land registry office in a manner approved by the Director of Titles. 2021, c. 34, Sched. 23, s. 11 (2). Registration (4) Upon registration of an order under subsection (3) the land registrar shall provide a copy, including the particulars of the registration, to the person or entities identified by the Ministry. 2021, c. 34, Sched. 23, s. 11 (2). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 53 - 18/12/1998 2020, c. 34, Sched. 22, s. 2 - 08/12/2020 2021, c. 34, Sched. 23, s. 11 (1, 2) - 02/12/2021
37.3 (1) This section applies if, before the day section 2 of Schedule 22 to the Better for People, Smarter for Business Act, 2020 came into force, (a) the administration and control of unpatented public lands was transferred from the Minister to another Minister of the Crown in right of Ontario or to a Crown agency within the meaning of the Crown Agency Act by an order made under subsection 37.1 (1), by an order in council or under an Act of the Province, other than the Mining Act; and (b) the Minister of the Crown or Crown agency referred to in clause (a) purported to, (i) transfer a freehold or leasehold interest in all or part of the unpatented lands referred to in that clause to a third party, without letters patent being issued under the Great Seal to effect the transfer of the interest, or (ii) grant an easement in or over the unpatented lands to a third party. 2020, c. 34, Sched. 22, s. 3. Deemed validity (2) If an interest or easement in unpatented lands was transferred or granted in accordance with clause (1) (b) before the day section 2 of Schedule 22 to the Better for People, Smarter for Business Act, 2020 came into force, then, (a) as of the day the transfer of the interest was registered in the relevant land registry office, it is deemed to have been as legally effective with respect to the transfer of the interest in unpatented lands as a Crown grant of the interest carried out through the issuance of letters patent would have been; or (b) as of the day the easement is granted or, if registered in the relevant land registry office, as of the day it is registered, it is deemed to have been validly granted and legally binding on the Crown and all subsequent owners of the lands affected by the easement. 2020, c. 34, Sched. 22, s. 3. Application (3) Subsections 37.2 (5) and (6) apply with necessary modifications to a transfer of an interest in unpatented lands that is deemed to be legally effective under clause (2) (a) and clause 37.2 (6) (a) applies with necessary modifications to an easement deemed to be validly granted under clause (2) (b). 2020, c. 34, Sched. 22, s. 3. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 22, s. 3 - 08/12/2020