37.4 (1) A Crown transfer is subject to the reservations and conditions set out in this section. 2020, c. 34, Sched. 22, s. 3. Definition, Crown transfer (2) In this section, “Crown transfer” means a transfer of a freehold or leasehold interest in unpatented lands by a Minister of the Crown in right of Ontario or a Crown agency within the meaning of the Crown Agency Act that is carried out under section 37.2 or deemed to be legally effective under section 37.3. 2020, c. 34, Sched. 22, s. 3. Reservation of ores, etc. (3) All ores, mines and minerals on or under the lands that are the subject of a Crown transfer are reserved to the Crown and, for greater certainty, (a) section 60 does not apply to such lands; (b) subsections 61 (1) and (2) apply with necessary modifications, to a Crown transfer carried out before May 6, 1913 and deemed to be legally effective under section 37.3; and (c) subsection 61 (3) applies, with necessary modifications, to a Crown transfer carried out after May 6, 1913 and deemed to be legally effective under section 37.3, or carried out under section 37.2, as though the reservation under this section was expressly reserved in the instrument by which the Crown transfer was carried out. 2020, c. 34, Sched. 22, s. 3. Navigable waters (4) The free use, passage and enjoyment of, in, over and upon all navigable waters found on or under, or flowing through or upon, any part of the lands that are the subject of a Crown transfer is reserved to the Crown. 2020, c. 34, Sched. 22, s. 3. Reservation for construction of roads (5) Five per cent of the acreage of the lands that are the subject of a Crown transfer is reserved to the Crown for the purpose of constructing roads and, for greater certainty, (a) section 64 and subsection 65 (1) do not apply to the Crown transfer; (b) subsection 65 (2) applies to the Crown transfer, with necessary modifications, as though the reservation of the area for the construction of the road was contained in the instrument by which the Crown transfer was carried out; and (c) section 66 applies with necessary modifications to a reservation under this subsection as though it was a reservation relating to roads under section 65. 2020, c. 34, Sched. 22, s. 3. Passage over portages (6) Subsection 65 (4) applies with necessary modifications where a portage exists over unpatented lands at the time a Crown transfer of the unpatented lands is carried out under section 37.2 or deemed to be legally effective under section 37.3. 2020, c. 34, Sched. 22, s. 3. Easements (7) The reservations and conditions in subsections (3), (4) and (6) apply with necessary modifications with respect to an easement granted under section 37.2 or deemed to be validly granted under section 37.3. 2020, c. 34, Sched. 22, s. 3. Additional reservations and conditions (8) In addition to the reservations and conditions described in subsections (3) to (7), a Crown transfer and an easement granted under section 37.2 or deemed to be validly granted under section 37.3 are subject to such reservations and conditions as may be specified in, (a) the order, order in council or statute referred to in clause 37.2 (1) (a) by which the administration and control of the unpatented public lands was transferred from the Minister to another Minister or a Crown agency; or (b) any order made by the Minister under subsection (9) or any order in council that has the effect of adding a reservation or condition to an order or order in council referred to in clause (a) and that was made before the date of the transfer or grant. 2020, c. 34, Sched. 22, s. 3. Same, order (9) If the administration and control of unpatented public lands has been 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 or by an order in council, the Minister may make an order specifying reservations and conditions that apply with respect to those lands in addition to any reservations and conditions that may have been specified in the order under section 37.1 or the order in council. 2020, c. 34, Sched. 22, s. 3. Registration (10) Subsections 37.1 (3) and (4) apply with necessary modifications to an order made under subsection (9). 2020, c. 34, Sched. 22, s. 3. Binding future interests (11) For the purposes of the registration under the Land Titles Act of an interest in unpatented lands transferred by a Crown transfer, or of an easement granted under section 37.2 or deemed to be validly granted under section 37.3, any reservation or condition applicable to the Crown transfer or easement under this section shall apply to all subsequent interests derived from that Crown transfer or easement, even though the reservation or condition is not entered or shown in the register. 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 Certificate that land is public lands