jswizzle3737/ontario_laws_and_regs huggingface dataset:
38 (1) In this section, “Crown” means Her Majesty the Queen in right of Ontario as represented by the Minister.  R.S.O. 1990, c. P.43, s. 38 (1). Certificate forwarded for registration (2) When the Crown becomes the registered owner of land that has been patented or otherwise disposed of or when land reverts to or vests in the Crown, the Minister may forward to the proper land registry office a certificate stating that the land is deemed to be public lands.  R.S.O. 1990, c. P.43, s. 38 (2). Registration (3) The land registrar shall, without fee or charge, register every certificate received under subsection (2).  R.S.O. 1990, c. P.43, s. 38 (3). Effect of registration (4) Upon registration of a certificate under subsection (3), (a) the Land Titles Act or the Registry Act, as the case may be, ceases to apply to the land described in the certificate and the land registrar shall note that fact in the appropriate register or abstract index; and (b) the land described in the certificate may be granted, sold, leased or otherwise dealt with in the same manner as other public lands.  R.S.O. 1990, c. P.43, s. 38 (4). Easements (5) An easement that is appurtenant to or affects land described in a certificate registered under subsection (3) is not affected by registration of the certificate.  R.S.O. 1990, c. P.43, s. 38 (5). Restrictive covenants (6) For the purposes of this section, a restrictive covenant running with land is considered to be an easement.  R.S.O. 1990, c. P.43, s. 38 (6). (7)-(9) Repealed:  2000, c. 26, Sched. L, s. 9 (7). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (7) - 6/12/2000
39 (1) No person holding an office in or under the Ministry and no person employed in or under the Ministry shall, directly or indirectly, purchase any right, title or interest in any public lands either in the person’s own name or by the interposition of any other person or in the name of any other person in trust for the person without the approval of the Minister.  R.S.O. 1990, c. P.43, s. 39 (1); 2021, c. 34, Sched. 23, s. 12. Exception (2) Subsection (1) does not apply when a purchase is made of a right, title or interest in public lands for private use at a public auction or when the purchase is made for private use and the purchaser is selected by public draw.  R.S.O. 1990, c. P.43, s. 39 (2). Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 23, s. 12 - 02/12/2021
40 Where by law or by any deed, lease or agreement relating to any public lands any notice is required to be given, or any act to be done, by or on behalf of the Crown, the notice may be given and the act may be done by the Minister or the Deputy Minister or by a person acting under the authority of either of them.  R.S.O. 1990, c. P.43, s. 40; 2021, c. 34, Sched. 23, s. 13. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 23, s. 13 - 02/12/2021 41 Repealed:  1998, c. 18, Sched. I, s. 54. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 54 - 18/12/1998
42 (1) The Minister in his or her discretion may fix the terms and conditions upon which water powers or privileges granted by the Crown and any public lands necessary for the development thereof may be leased or developed.  R.S.O. 1990, c. P.43, s. 42 (1); 2009, c. 12, Sched. L, s. 23. Agreements, etc., to be signed by Minister (2) The Minister may sign all agreements, leases, licences, renewals or other writings relating to water powers or privileges or any public lands necessary for the development thereof.  R.S.O. 1990, c. P.43, s. 42 (2). Regulations re: additional charge (3) The Lieutenant Governor in Council may make regulations, (a) requiring persons who are subject to an agreement, lease, licence or other writing under subsection (2) to pay an additional charge in respect of the generation of hydro-electricity; (b) prescribing the charge or a method of calculating the charge; (c) respecting the form, terms and time of payment of the charge and the interest owed for late payment; (d) providing for refunds in respect of the charge; (e) prescribing the conditions under which the charge may be reduced or cancelled; (f) providing that the regulation applies to agreements, leases, licences and other writings in force on the day the regulation comes into force and to agreements, leases, licences and other writings renewed on or after that day.  1994, c. 17, s. 133. Application of charge (4) A charge imposed under subsection (3) is in addition to a charge in an agreement, lease, licence or other writing that is based upon energy production.  1994, c. 17, s. 133. Regulation may be retroactive (5) A regulation made under this section is, if it so provides, effective with reference to a period before it was filed.  1994, c. 17, s. 133. Section Amendments with date in force (d/m/y) 1994, c. 17, s. 133 - 19/05/1993 2009, c. 12, Sched. L, s. 23 - 14/05/2009
43 Where any land that is forfeited to the Crown under the Provincial Land Tax Act, 2006
or the predecessor Act has not been granted, sold, leased or otherwise disposed of, the Minister may direct the issuance of letters patent granting the land to the owner thereof at the time of such forfeiture, or to any person appearing to have had an interest therein at that time, or to the heirs, successors or assigns of such owner or person, upon such terms as the Minister considers just.  R.S.O. 1990, c. P.43, s. 43; 2006, c. 33, Sched. Z.3, s. 28 (2). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 28 (2) - 1/01/2009
44 The Minister and any municipality may enter into agreements respecting the control and management by the municipality of any public lands comprised of beaches or lands covered with water in the municipality or elsewhere, but, where the public lands are in another municipality, no agreement shall be entered into without the consent of that municipality, and any such agreement may provide for the granting of leases by the municipality and the sharing of the rents therefrom.  R.S.O. 1990, c. P.43, s. 44. 45 Repealed:  2010, c. 16, Sched. 10, s. 4 (5). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (5) - 25/10/2010
46 (1) Lands may be acquired under the Ministry of Infrastructure Act, 2011 for any forestry, agricultural or other program of the Ministry, and any lands so acquired shall be deemed to be public lands within the meaning of this Act.  R.S.O. 1990, c. P.43, s. 46 (1); 2011, c. 9, Sched. 27, s. 38 (1). Agreements for public works (2) The Minister or the Minister of Infrastructure may enter into agreements with the owners of lands respecting the erection, maintenance and operation thereon of a provincial public work.  2011, c. 9, Sched. 27, s. 38 (2); 2015, c. 38, Sched. 7, s. 59 (1). Registration of agreements (3) An agreement entered into under subsection (2) may be registered in the proper land registry office and thereupon such agreement is binding upon every subsequent owner and mortgagee of the lands during the term of the agreement.  R.S.O. 1990, c. P.43, s. 46 (3). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 27, s. 38 (1-2) - 6/06/2011 2015, c. 38, Sched. 7, s. 59 (1) - 10/12/2016
46.1 If public land is located in territory without municipal organization, the following amounts may be collected under the Provincial Land Tax Act, 2006 as if they were taxes imposed under that Act: 1. Amounts payable as rent under a lease. 2. Amounts payable as a fee under a licence of occupation, a land use permit or any other authority granting a right to occupy the land or permitting the carrying out of an activity on the land.  2006, c. 33, Sched. Z.3, s. 28 (3). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 28 (1) - 1/01/2009
47 The Lieutenant Governor in Council may make regulations, (a)  Repealed: 2021, c. 34, Sched. 23, s. 14. (b) prohibiting or regulating the use or occupation of or the kinds of activities carried on upon public lands; (c) governing delegations made under subsection 2 (3), including prescribing the powers under this Act that may be delegated, prescribing the person or body to whom powers may be delegated and prescribing limitations that apply to the delegations.  R.S.O. 1990, c. P.43, s. 47; 2000, c. 26, Sched. L, s. 9 (8); 2012, c. 8, Sched. 49, s. 3; 2021, c. 34, Sched. 23, s. 14. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (8) - 6/12/2000 2012, c. 8, Sched. 49, s. 3 - 20/06/2012 2021, c. 34, Sched. 23, s. 14 - 01/07/2022 PART II   ROADS ON PUBLIC LANDS
48 In this Part, “private forest road” means a road occupied under the authority of a document issued under this Act or the regulations; (“chemin forestier privé”) “road” means a road or part of a road on public lands and includes the bridges, shoulders, ditches, culverts or other water crossings and right-of-way thereof, but does not include the King’s Highway or a secondary highway, or an industrial road designated under the Public Transportation and Highway Improvement Act, or a road under the jurisdiction of a local roads board. (“chemin”)  R.S.O. 1990, c. P.43, s. 48; 2010, c. 16, Sched. 10, s. 4 (6, 7); 2019, c. 14, Sched. 14, s. 12 (2) and 2021, c. 25, Sched. 26, s. 2; 2019, c. 14, Sched. 15, s. 58. Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (6-7) - 25/10/2010 2019, c. 14, Sched. 14, s. 12 (2) - 01/01/2022; 2019, c. 14, Sched. 15, s. 58 - 10/12/2019
49 Except as otherwise provided in this Act, any person may exercise a public right of passage on a road other than a private forest road.  R.S.O. 1990, c. P.43, s. 49.
50 (1) No civil action shall be brought against the Crown or any person in respect of misfeasance, non-feasance, nuisance or negligence in connection with the construction, maintenance, repair, stopping up, closing or decommissioning of a road. 2019, c. 14, Sched. 15, s. 59. Exception (2) Subsection (1) does not apply to an action based on a contract between the parties to the action for the construction, maintenance or use of a road.  R.S.O. 1990, c. P.43, s. 50 (2). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 59 - 10/12/2019 51 Repealed:  2010, c. 16, Sched. 10, s. 4 (8). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2010, c. 16, Sched. 10, s. 4 (8) - 25/10/2010
52 (1) The district manager of the administrative district of the Ministry in which a road is situate may, in his or her discretion and for any periods that he or she determines, close the road or part of it to travel by the public generally or by any classes of the public.  2010, c. 16, Sched. 10, s. 4 (9). Methods of closure (2) A closing under subsection (1) may be effected by, (a) erecting barricades; (b) erecting signs; (c) publishing a notice on the Internet; or (d) taking any other action prescribed in the regulations made by the Minister under subsection (7). 2019, c. 14, Sched. 15, s. 60 (1). Barricades and notices (3) A district manager who closes a road or part of it under subsection (1) by the erection of barricades shall cause to be erected, (a) a barricade with reflective markings at each end of the closed road or part, and at each intersection of it with any other road; and (b) a notice that the road is closed, at each end and intersection described in clause (a). 2019, c. 14, Sched. 15, s. 60 (1). Permits (4) Despite the closure of a road, the district manager may grant a permit for travel on the road subject to the terms and conditions that he or she considers advisable.  2010, c. 16, Sched. 10, s. 4 (9). Offence (5) A person is guilty of an offence if the person, (a) without lawful authority, travels on a road that has been closed to travel by the person under subsection (1) and has had a reasonable opportunity of knowing that the road has been so closed; or (b) removes or defaces any barricade or notice erected on a road by lawful authority.  2010, c. 16, Sched. 10, s. 4 (9); 2019, c. 14, Sched. 15, s. 60 (2). Liability for damages (6) A person who, in contravention of subsection (5), travels on a road or removes or defaces any barricade or notice erected on a road is liable to the Crown in right of Ontario for any damage or injury occasioned by the wrongful travel, removal or defacement.  2010, c. 16, Sched. 10, s. 4 (9); 2019, c. 14, Sched. 15, s. 60 (3). Regulations (7) The Minister may make regulations prescribing and governing actions provided for in clause (2) (d). 2019, c. 14, Sched. 15, s. 60 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (9) - 6/12/2000 2010, c. 16, Sched. 10, s. 4 (9) - 25/10/2010 2019, c. 14, Sched. 15, s. 60 (1-4) - 10/12/2019
53 If the district manager closes a road to the public generally with the exception of persons operating vehicles used for hauling forest products or other products designated by the regulations, sections 80, 108, 109, 110, 111 and 114 of the Highway Traffic Act do not apply to the road or to vehicles operated on the road, as the case may be.  2010, c. 16, Sched. 10, s. 4 (9). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (9) - 25/10/2010
54 (1) Except as provided in subsection (2), a private forest road is not open to travel by the public.  R.S.O. 1990, c. P.43, s. 54 (1). Agreements (2) The Minister may enter into an agreement with a person who occupies a private forest road under the authority of a document issued under this Act or the regulations for opening the private forest road or part thereof to travel by the public generally or by any class or classes of the public as may be agreed upon, and thereupon the private forest road is open to travel by the public generally or by the class or classes of the public agreed upon for such time or times and upon such terms and conditions as are set forth in the agreement, provided that a permit has been issued or validated under the Highway Traffic Act or the regulations made thereunder for any vehicle used in such travel.  R.S.O. 1990, c. P.43, s. 54 (2). Idem (3) Without limiting the generality of subsection (2), an agreement may provide that the cost of constructing, reconstructing or maintaining a private forest road shall be shared in the proportions agreed upon.  R.S.O. 1990, c. P.43, s. 54 (3). Status of road (4) Despite the use of a private forest road by the public or a class or classes thereof under subsection (2), a private forest road remains a private forest road and is not a highway within the meaning of the Highway Traffic Act, but the provisions of the Occupational Health and Safety Act and the regulations made thereunder that apply to haul roads apply with necessary modifications to the private forest road.  R.S.O. 1990, c. P.43, s. 54 (4). Closure of private forest roads (5) Where an agreement has been made under subsection (2), the district manager of the administrative district of the Ministry in which the private forest road is situate may, from time to time in his or her discretion and for such period or periods as he or she may determine, close the private forest road or part thereof to travel by the public generally or by any class or classes of the public with the exception of persons operating any class or classes of vehicles used for hauling forest products or other products designated by the regulations, and thereupon section 52 applies with necessary modifications.  R.S.O. 1990, c. P.43, s. 54 (5); 2010, c. 16, Sched. 10, s. 4 (10). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (10) - 25/10/2010
55 The Lieutenant Governor in Council may make regulations designating products for the purposes of sections 52, 53 and 54.  R.S.O. 1990, c. P.43, s. 55.
55.1 (1) In addition to the powers of the Lieutenant Governor in Council under section 29.1 of the Public Transportation and Highway Improvement Act, the Minister may, by order, (a) stop up any road that has been dedicated to public use by the Crown and is not within a municipality; or (b) stop up any road allowance that was laid out by a Crown surveyor and that is not within a municipality.  2000, c. 26, Sched. L, s. 9 (10); 2002, c. 17, Sched. F, Table. Notice (2) The Minister shall not make an order under subsection (1) unless the Minister has given notice, in such manner as the Minister considers appropriate, to those persons that the Minister considers will be affected by the proposed order.  2000, c. 26, Sched. L, s. 9 (10). Soil and freehold (3) The Minister may sell, lease or otherwise dispose of the soil and freehold of any road or road allowance that has been stopped up under subsection (1).  2000, c. 26, Sched. L, s. 9 (10). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (10) - 6/12/2000 2002, c. 17, Sched. F, Table - 1/01/2003 PART III   PROVISIONS OF GENERAL APPLICATION
56 If public land was, before the 29th day of March, 1961, sold or located under the authority of any Act, the Minister may direct the issue of letters patent to the purchaser or locatee or any person claiming under or through the purchaser or locatee, (a) who has built a house on the land that is fit for habitation; (b) who has resided on the land or other land of which the purchaser, locatee or person is the registered owner that is distant not more than eight kilometres from the land so sold or located for one or more periods totalling at least three years; (c) who, in respect of land in the Territorial District of Cochrane or in the Territorial District of Timiskaming, has cleared and cultivated at least seven hectares of the land or who, in respect of land, other than land in the Territorial District of Cochrane or in the Territorial District of Timiskaming, has cleared and cultivated at least 10 per cent of the land; and (d) who pays the balance of the purchase price of the land and the interest thereon.  R.S.O. 1990, c. P.43, s. 56. 57 Repealed:  2010, c. 16, Sched. 10, s. 4 (11). Section Amendments with date in force (d/m/y) 2010, c. 16, Sched. 10, s. 4 (11) - 25/10/2010
58 (1) Where land is disposed of under this Act for agricultural purposes, the property in all trees thereon shall be deemed to have passed to the patentee by the letters patent, and every reservation of any class or kind of tree contained in the letters patent shall be deemed to be void.  R.S.O. 1990, c. P.43, s. 58 (1). Reservations of trees voided (2) A reservation of all timber and trees or any class or kind of tree contained in letters patent granting public lands disposed of under this or any other Act for a summer resort location is void.  R.S.O. 1990, c. P.43, s. 58 (2). Idem (3) A reservation of all timber and trees or any class or kind of tree contained in letters patent dated on or before the 1st day of April, 1869 and granting public lands disposed of under this or any other Act is void.  R.S.O. 1990, c. P.43, s. 58 (3). Idem (4) Every provision contained in letters patent granting public lands for a summer resort location that, (a) prohibits the cutting of pine timber, except for necessary building or clearing with the written permission of the Minister, and, in default, sets out penalties and exacts prices for cut timber; or (b) provides for the manner of disposal of cut timber, is void.  R.S.O. 1990, c. P.43, s. 58 (4). (5) Repealed:  1994, c. 25, s. 85. Acquisition or release of trees (6) If public lands have been disposed of by the Crown under this or any other Act and some or all of the species of trees on the lands have been reserved to the Crown and are not under timber licence, the Minister may acquire any species of trees not so reserved or release any species of trees so reserved at such price and on such terms and conditions as the Minister considers proper.  2001, c. 9, Sched. K, s. 5 (3). Section Amendments with date in force (d/m/y) 1994, c. 25, s. 85 - 1/04/1995 2001, c. 9, Sched. K, s. 5 (3) - 29/06/2001
59 In sections 57 and 58, the expression “this Act” includes any predecessor of this Act.  R.S.O. 1990, c. P.43, s. 59.
60 In any letters patent issued for lands located or sold under this Act for agricultural purposes on or after the 1st day of April, 1957, the mines and minerals shall be reserved to the Crown.  R.S.O. 1990, c. P.43, s. 60.
61 (1) In the case of land patented before the 6th day of May, 1913, the mines and minerals therein shall be deemed to have passed to the patentee by the letters patent, and every reservation thereof contained in the letters patent or by statute is void.  R.S.O. 1990, c. P.43, s. 61 (1). Exception as to application of subs. (1) (2) Subsection (1) does not apply where, (a) the mines and minerals or any of them in any land have been alienated or disposed of under the Mining Act
or any predecessor of that Act; (b) the mines or minerals or any of them have reverted or may hereafter revert to the Crown through abandonment, cancellation, forfeiture or otherwise.  R.S.O. 1990, c. P.43, s. 61 (2). Lands patented after May 6th, 1913 (3) In the case of lands patented after the 6th day of May, 1913, mines and minerals pass to the patentee unless expressly reserved by the letters patent.  R.S.O. 1990, c. P.43, s. 61 (3). Certificate (4) The Minister or the Deputy Minister may issue a certificate as to the issue of letters patent with respect to any lands, mines or minerals affected by this section and every such certificate shall be received and recorded in the proper land registry office.  R.S.O. 1990, c. P.43, s. 61 (4); 2021, c. 34, Sched. 23, s. 15. Fee for certificate (5) An applicant for a certificate under subsection (4) shall pay the fee specified by the Minister.  R.S.O. 1990, c. P.43, s. 61 (5); 1998, c. 18, Sched. I, s. 56. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 56 - 18/12/1998 2021, c. 34, Sched. 23, s. 15 - 02/12/2021 Where interest reverts to Crown
62 (1) All lands patented or otherwise disposed of under this Act after the 12th day of April, 1917, are subject to the condition that all ores or minerals raised or removed therefrom shall be treated and refined in Canada, so as to yield refined metal or other product suitable for direct use in the arts without further treatment, in default whereof the patent or other form of title of such lands is void, and the lands revert to and become vested in the Crown, freed and discharged of any interest or claim of every other person.  R.S.O. 1990, c. P.43, s. 62 (1). Easements (2) Where a dominant tenement reverts to and becomes vested in the Crown under subsection (1), any easement appurtenant thereto passes to the Crown and, where a servient tenement reverts to and becomes vested in the Crown, any easement to which the servient tenement is subject is not affected.  R.S.O. 1990, c. P.43, s. 62 (2). Power to exempt lands (3) The Lieutenant Governor in Council is hereby authorized to exempt any lands from the operation of this section for such period of time as the Lieutenant Governor in Council considers proper.  R.S.O. 1990, c. P.43, s. 62 (3).
63 Any part of the public lands that is a beach and is used for travel by the public is not by reason only of such use a highway within the meaning of any Act.  R.S.O. 1990, c. P.43, s. 63.
64 (1) Unless the Minister otherwise directs, every patent, lease or licence of occupation issued under this Act shall contain a provision to the effect that the surface rights in any public or colonization road or any highway crossing the land granted, leased or licensed are excepted therefrom.  R.S.O. 1990, c. P.43, s. 64 (1). Idem (2) Every patent, lease or licence of occupation issued under this Act shall reserve to the Crown such percentage, if any, of the surface rights of the land as the Minister considers necessary for road purposes.  R.S.O. 1990, c. P.43, s. 64 (2). Idem (3) Where in any patent, lease or licence of occupation heretofore issued under this Act or any predecessor thereof there is a reservation of a percentage of the land for road purposes and the rights with respect thereto have not been exercised before the 1st day of May, 1963, the reservation shall be deemed to be a reservation of the surface rights only.  R.S.O. 1990, c. P.43, s. 64 (3).
65 (1) In all sales, free grant locations, leases, licences of occupation, mining claims and other dispositions of public lands or mining lands or mining rights, there shall be reserved to the Crown the right to construct on the land any colonization or other road or any road in lieu of or partly deviating from an allowance for road without making compensation therefor, and such right whether or not it is expressly reserved from the sale, location, lease, licence of occupation, mining claim or other disposition of the land or by the letters patent when issued shall be deemed to be so reserved.  R.S.O. 1990, c. P.43, s. 65 (1). Right to take wood, gravel, etc., for roads (2) In all sales, free grant locations, leases, licences of occupation, mining claims and other dispositions of public lands or mining lands or mining rights, where the letters patent have been issued containing a reservation of any of the area for roads, wood, gravel and other materials required for the construction or improvement of any colonization or other road or of any road in lieu of or partly deviating from an allowance for road, may be taken from the land without making compensation therefor or for the injury thereby done to the land from which they are taken, and where the letters patent have been issued without a reservation being made of any of the area for roads, wood, gravel and other materials required for the purposes hereinbefore mentioned may be taken from the land, but compensation shall be paid as provided by the Expropriations Act.  R.S.O. 1990, c. P.43, s. 65 (2). Minister or person authorized may exercise rights (3) The rights mentioned in subsections (1) and (2) may be exercised by the Minister or by any person authorized by the Minister to exercise them on behalf of the Crown.  R.S.O. 1990, c. P.43, s. 65 (3). Right of passage over portages (4) Where public lands over which a portage has existed or exists have been heretofore or are hereafter sold or otherwise disposed of under this or any other Act, any person travelling on waters connected by the portage has the right to pass over and along the portage with the person’s effects without the permission of or payment to the owner of the lands, and any person who obstructs, hinders, delays or interferes with the exercise of such right of passage is guilty of an offence.  R.S.O. 1990, c. P.43, s. 65 (4); 2000, c. 26, Sched. L, s. 9 (11). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (11) - 6/12/2000
66 (1) Upon the application of the owner of land for which letters patent have been issued under this or any other Act, the Minister may make an order releasing the land or a part of the land from any reservation relating to roads under section 65 or in the letters patent, if the Minister is of the opinion that the present and future needs of the locality as to roads are adequately provided for and if the applicant pays the fee specified by the Minister.  2002, c. 18, Sched. L, s. 7 (2). Release of reservation of access to shore (2) Upon the application of the owner of land for which letters patent have been issued under this or any other Act, the Minister may make an order releasing the land or a part of the land from any reservation in the letters patent reserving a right of way or a right of access to the shores of rivers, streams or lakes for vessels, boats and persons, if the Minister is of the opinion that the reservation does not serve a useful purpose and is not required in the public interest and if the applicant pays the fee specified by the Minister.  2002, c. 18, Sched. L, s. 7 (2). Power to determine reservation (3) In respect of letters patent reserving or excepting a right-of-way or an allowance along the shore of a lake or river, the Minister may treat the reservation or exception as a reservation referred to in subsection (1) or (2) and issue the order under subsection (1) or (2).  R.S.O. 1990, c. P.43, s. 66 (3). Effect of order (4) An order made under this section releases the land described in the order from the reservation referred to in the order and may be registered in the proper land registry office.  R.S.O. 1990, c. P.43, s. 66 (4). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. L, s. 7 (2) - 26/11/2002
67 In all sales, free grant locations, leases, licences of occupation, mining claims and other dispositions of public lands, or mining lands or mining rights, the Minister may reserve from sale any water power or privilege, and such area of land in connection therewith as the Minister considers necessary for the erection of buildings and plant and the development and utilization of the power, together with the right to lay out and use such roads as may be necessary for passage to and from such water power or privilege and land.  R.S.O. 1990, c. P.43, s. 67.
68 Where letters patent have issued granting summer resort lands subject to the conditions that the patentee shall within eighteen months from the date of the patent expend not less than $300 in the construction of buildings or of other improvements and that no building or other construction shall be erected unless the plan and description thereof have been approved by the Minister, such conditions shall be deemed to be void and of no effect.  R.S.O. 1990, c. P.43, s. 68.
68.1 (1) This section applies to a reservation in letters patent if, (a) the reservation cannot be released under any other provision of this Act; and (b) the release of the reservation is not prohibited by any provision in this Act.  1998, c. 18, Sched. I, s. 58. Release of reservations by Ministerial order (2) Where public lands have been disposed of by the Crown under this or any other Act and an interest or right has been reserved to the Crown, the reservation, other than a reservation under subsection 62 (1), may be released by an order signed by the Minister, at the price and on the conditions that the Minister considers proper. 2019, c. 14, Sched. 15, s. 61. (3), (4) Repealed: 2019, c. 14, Sched. 15, s. 61. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 58 - 18/12/1998 2019, c. 14, Sched. 15, s. 61 - 10/12/2019
69 (1) The Minister may issue a certificate as to any condition, proviso or reservation that is void by statute.  R.S.O. 1990, c. P.43, s. 69 (1). Fee for certificate (2) An applicant for a certificate under subsection (1) shall pay the fee specified by the Minister.  R.S.O. 1990, c. P.43, s. 69 (2); 1998, c. 18, Sched. I, s. 59. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 59 - 18/12/1998
69.1 (1) A person who has entered into an agreement, including a lease, a licence or an easement, with the Crown under this Act or to whom a permit to occupy public lands has been issued under this Act shall comply with the agreement or permit, as the case may be.  2009, c. 12, Sched. L, s. 24. Offence (2) A person who contravenes subsection (1) is guilty of an offence.  2009, c. 12, Sched. L, s. 24. Compliance order (3) A court that convicts a person of an offence under subsection (2) may, in addition to imposing a fine, order the person to take the action that the court specifies, within the time period that the court specifies, to come back into compliance, in the manner that the court considers appropriate, with the agreement or permit with which the person has failed to comply.  2009, c. 12, Sched. L, s. 24. Section Amendments with date in force (d/m/y) 2009, c. 12, Sched. L, s. 24 - 14/05/2009
69.2 (1) No person shall cause a prescribed type of damage, (a) to Crown land; or (b) to Crown property that is situated on, or attached to, Crown land including, (i) any road or trail or water crossing or any material used to construct the road, trail or water crossing, or (ii) any sign, building, structure or thing. 2016, c. 8, Sched. 5, s. 4. Regulations (2) The Lieutenant Governor in Council may make regulations defining types of damage for the purposes of subsection (1). 2016, c. 8, Sched. 5, s. 4. Order of court (3) If a person is found guilty of an offence for contravening subsection (1), the court may, in addition to imposing a fine under section 70.3, order the person, (a) to cease the activity that has caused or is causing the prescribed type of damage; (b) to take action, within such time as may be specified in the order, to rehabilitate the lands and repair any damage to property of the Crown, (i) in accordance with a plan approved by the Minister, or (ii) if the Minister has not approved a plan, in such manner as the court considers appropriate; and (c) to obtain any work permit or other authorization under this Act that may be required in order to effect the rehabilitation of the lands and repair any damage to Crown property in accordance with the order of the court. 2016, c. 8, Sched. 5, s. 4. Compliance with order (4) A person shall comply with an order made under subsection (3). 2016, c. 8, Sched. 5, s. 4. Failure to comply with an order (5) If a person fails to comply with an order under subsection (3), the Minister may take such action as he or she considers appropriate to rehabilitate the land and repair any damage to property of the Crown, and any cost or expense incurred in the rehabilitation and repair is a debt due to the Crown and may be recovered by the Minister in a court of competent jurisdiction in an action against the person. 2016, c. 8, Sched. 5, s. 4. Section Amendments with date in force (d/m/y) 2016, c. 8, Sched. 5, s. 4 - 09/06/2016
69.3 (1) The Minister may establish and charge fees or other charges for any service, approval, permission or decision related to the management, use or disposition of public lands under this Act. 2021, c. 34, Sched. 23, s. 16. Same (2) For greater certainty, where any provision of this Act requires or permits the Minister to set terms, conditions, or terms and conditions with respect to any activity, the power to set terms or conditions includes the power to require the payment of a fee or other charge established by the Minister. 2021, c. 34, Sched. 23, s. 16. Requirement to pay (3) A person shall pay any fees or other charges established by the Minister under this Act. 2021, c. 34, Sched. 23, s. 16. Change, refund, etc. (4) Where, under this section or any other provision of this Act, the Minister has the power to establish a fee or other charge, the Minister may change the amount of the fee or charge and may direct the refund or waiver of all or part of any fee or charge if, in the Minister’s opinion, it is equitable to do so. 2021, c. 34, Sched. 23, s. 16. Section Amendments with date in force (d/m/y) 2021, c. 34, Sched. 23, s. 16 - 02/12/2021 Part III.1   Enforcement and General offences
70 (1) An officer may stop a conveyance if he or she has reasonable grounds to believe that stopping the conveyance would assist in determining compliance with this Act or the regulations. 2016, c. 8, Sched. 5, s. 6. Operator to stop (2) On the officer’s signal to stop, the operator of the conveyance shall immediately stop and produce for inspection any document or other thing requested by the officer that is relevant to the purpose of determining compliance with the Act or the regulations. 2016, c. 8, Sched. 5, s. 6. Stop signals (3) For the purpose of subsection (2), signals to stop include, (a) intermittent flashes of red light, in the case of a vehicle; (b) intermittent flashes of blue light, in the case of a boat; and (c) a hand signal to stop, in the case of a vehicle or boat. 2016, c. 8, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (12) - 6/12/2000 2016, c. 8, Sched. 5, s. 6 - 09/06/2016
70.1 (1) An officer may arrest without warrant a person that he or she has reasonable grounds to believe is committing or has committed an offence under this Act or the regulations. 2016, c. 8, Sched. 5, s. 6. Release by officer (2) If an officer arrests a person under this section, he or she shall, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that, (a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to, (i) establish the identity of the person, (ii) secure or preserve evidence of or relating to the offence, or (iii) prevent the continuation or repetition of the offence or the commission of another offence; or (b) the person arrested, if released, will not respond to a summons or offence notice or will not appear in court. 2016, c. 8, Sched. 5, s. 6. Person not released (3) Subsections 149 (2) and (3) and section 150 of the Provincial Offences Act apply if the person arrested is not released under subsection (2). 2016, c. 8, Sched. 5, s. 6. Necessary force (4) An officer may use as much force as is necessary to make an arrest under this section. 2016, c. 8, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (12) - 6/12/2000 2016, c. 8, Sched. 5, s. 6 - 09/06/2016
70.2 A person shall not, (a) knowingly make a false or misleading statement to an officer who is acting under this Act; or (b) otherwise obstruct an officer who is acting under this Act. 2016, c. 8, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 9 (12) - 6/12/2000 2016, c. 8, Sched. 5, s. 6 - 09/06/2016
70.3 (1) A person is guilty of an offence if the person contravenes this Act or the regulations. 2016, c. 8, Sched. 5, s. 6. Penalty (2) Subject to subsections (6) and (7), an individual found guilty of an offence under this Act is liable on conviction, (a) to a fine of not more than $15,000 for the first offence and to an additional fine of not more than $1,000 for each day during which the offence continues; and (b) to a fine of not more than $25,000 for the second or subsequent offence and to an additional fine of not more than $1,000 for each day during which the offence continues. 2016, c. 8, Sched. 5, s. 6. Same, corporations (3) Subject to subsections (6) and (7), a corporation found guilty of an offence under this Act is liable on conviction, (a) to a fine of not more than $25,000 for the first offence and to an additional fine of not more than $1,000 for each day during which the offence continues; and (b) to a fine of not more than $50,000 for the second or subsequent offence and to an additional fine of not more than $1,000 for each day during which the offence continues. 2016, c. 8, Sched. 5, s. 6. Officers, directors, etc. (4) If a corporation commits an offence under this Act or the regulations, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to the offence and on conviction is liable to the penalty for the offence provided in this Act, whether or not the corporation is prosecuted for the offence. 2016, c. 8, Sched. 5, s. 6. Additional orders of the court (5) Upon convicting a person of an offence under this Act, the court may, (a) despite any maximum fine provided for under subsection (2) or (3), increase the fine that may be imposed on the person by an amount equal to the amount of any monetary benefit acquired by the person or that accrued to the person, as a result of the commission of the offence; (b) order that a fine provided for under subsection (2) or (3) be paid in addition to any penalty specifically provided for in any other provision of this Act, subject to subsections (6) and (7); and (c) make such order as the court considers proper to obtain compliance with this Act or the regulations. 2016, c. 8, Sched. 5, s. 6. Exception (6) The maximum fine that may be imposed under subsection (2) or (3) for each day during which the offence continues does not apply in the case of a daily fine imposed for an offence described in subsection 13 (4) or 14 (6). 2016, c. 8, Sched. 5, s. 6. Same (7) Subsections (2), (3), (4) and (5) do not apply to an offence described in subsection 24 (9). 2016, c. 8, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 8, Sched. 5, s. 6 - 09/06/2016
70.4 A prosecution for an offence under this Act, (a) shall not be commenced more than two years after the day evidence of the offence first came to the attention of an officer; and (b) shall not be commenced more than five years after the offence was committed. 2016, c. 8, Sched. 5, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 8, Sched. 5, s. 6 - 09/06/2016 PART IV   CONSTRUCTION OF DAMS
71 In this Part, “dam” includes a channel, diversion, dock, groyne, light, pier, slide, warning device, wharf or work for the control and regulation of water and any building, road, structure, service or temporary installation necessary or incidental thereto.  R.S.O. 1990, c. P.43, s. 71.
72 The Minister may design, construct, renovate, service, maintain, repair, furnish, equip, manage, administer, operate and decommission dams.  R.S.O. 1990, c. P.43, s. 72; 2019, c. 14, Sched. 15, s. 62. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 62 - 10/12/2019
73 Land or any interest therein may be acquired or expropriated under the Ministry of Infrastructure Act, 2011 for the purpose of this Part.  R.S.O. 1990, c. P.43, s. 73; 2015, c. 38, Sched. 7, s. 59 (2). Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 7, s. 59 (2) - 10/12/2016
74 The Minister may enter into any contract or agreement that the Minister considers advisable to effect the purposes of this Part.  R.S.O. 1990, c. P.43, s. 74.
75 (1) In the event of emergency, as declared by the Lieutenant Governor in Council, respecting the safety of persons or the protection or preservation of public or private property, the Minister or any person authorized by the Minister, may, without the consent of the owner, (a) enter upon and use any land; (b) alter in any manner any natural or artificial feature of any land; (c) construct and use roads on, to and from any land; (d) construct and use all necessary sidings, water pipes, conduits or tracks in, over or upon any land; or (e) place upon or remove from any land any substance or structure.  R.S.O. 1990, c. P.43, s. 75 (1). Compensation (2) Any powers referred to in subsection (1) may be exercised immediately despite any provision of the Expropriations Act and without the filing of a plan and the owner of the land is entitled to compensation in the manner provided in that Act.  R.S.O. 1990, c. P.43, s. 75 (2). ______________  Français