Subsection 14(2.1) of the Provincial Parks and Conservation Reserves Act, 2006 (PPCRA) authorizes the Minister to issue land use permits (LUPs) for private, non-commercial purposes in circumstances prescribed by the regulations and for a term that may be prescribed by the regulations. These LUPs may not be renewed or extended, as specified in ss. 14(2.2). Currently, there are no regulations prescribing circumstances for the purpose of ss. 14(2.1) of the PPCRA.
Ontario is proposing a regulation that would allow the Minister to issue new LUPs in limited circumstances to support occupations authorized under ss. 13(2) of Ontario Regulation 347/07 (“primary occupations”). New LUPs could be issued to authorize occupations for such things as water units (e.g., docks, swim rafts, and other on-water structures) or on-land occupations (e.g., infrastructure such as a utility pole, water pump sheds, sewage systems, driveways) that are needed to support the primary occupations.
The proposed regulation would enable the Minister to issue a new LUP for the occupation of land in order to support a primary occupation, provided that:
• The land would not be occupied for the purpose of a dwelling or other structure containing sleeping facilities; and
• If the land were to be occupied for the purpose of constructing, placing or maintaining an existing water unit, then the water unit(s) meets the following criteria:
• The combined footprint of all existing and proposed new water unit(s) does not occupy (i.e., touch, affixed to, float above or otherwise cover) more than a total of 20 square metres of lands, with the exception of existing
• If a new water unit, it is seasonally removable (e.g., pole or floating dock);
• The land would be located in close proximity (e.g., in front of or adjacent to) to the primary occupation; and
• The land is needed to support the primary occupation.
The term of the new LUPs would not extend beyond the expiry date of the lease, land use permit or licence of occupation for the relevant primary occupation.