Bill 119, Red Tape Reduction Act (Ministry of Natural Resources), 1997

Snobelen, Hon. John Minister of Natural Resources

Versions

Red Tape Reduction Act (Ministry

of Natural Resources), 1997

EXPLANATORY NOTE

The Bill is part of the government's initiative to reduce red tape. The Bill amends several statutes and repeals several other statutes administered by the Ministry of Natural Resources.

The Conservation Authorities Act is being amended to do the following:

1. The definition of "referee" is deleted. The word no longer appears in the Act.

2. Streamline and devolve the process for enlarging and amalgamating the composition of membership.

3. Authorities are given more time in which to send copies of minutes to members.

4. Confirms the principle that each member of an authority is entitled to one vote.

5. The Lieutenant Governor in Council would no longer appoint members to the executive committee of authorities.

6. The Act is amended to enable authorities to enter into agreements to allow for exploration for and extraction of oil and gas reserves in circumstances where it is compatible with conservation objectives if the reserves are extracted in land adjacent to, but not on, authority land.

7. Authorities would be able to lease land for terms of up to five years without approval.

8. The power to regulate development is being amended and made more explicit.

9. Explicit right to enter and inspect for the purpose of enforcing the regulations is set out.

10. The contents and extent of regulations made by authorities are to be constrained by Lieutenant Governor in Council regulations.

11. Activities that are approved under another Act do not require approval under the Conservation Authorities Act.

12. The authorities are being permitted to make regulations providing for the appointment of persons to act as officers for the purpose of enforcing certain regulations.

13. Maximum fines for the contravention of regulations made under section 28 are increased from $1,000 to $10,000 and for regulations made under section 29, from $100 to $1,000.

14. A person convicted of constructing a building or dumping fill may be ordered by a court to restore the site to its previous state. If the order is not complied with, the authority may do the work and recover the costs.

The Crown Forest Sustainability Act, 1994 is being amended to clarify that funds in the Forest Renewal Trust are Crown assets that are to be used to renew Crown forests and that forest renewal and maintenance activities under Sustainable Forest Licences are being carried out for the benefit and on behalf of the Crown. (These amendments are being made retroactive to the date that the Act came into force.) The Act is also being amended to allow area charges to be set administratively rather than by regulation.

Section 37 of the Forest Fires Prevention Act authorizes the Minister to regulate restricted fire zones. The recast section permits the Minister to do the same thing by an order that is now treated as a regulation.

The Forest Fires Prevention Act is being amended to permit the Minister to declare fire regions by an order rather than by regulation.

The Forestry Act, the Trees Act, the Forest Tree Pest Control Act, and the Woodlands Improvement Act, which deal with forestry on private land, are being consolidated into one Act, being the Forestry Act. Obsolete and redundant provisions are being eliminated. The maximum fine for contravention of the Act is being increased to $20,000.

The changes to the Lakes and Rivers Improvement Act do the following:

1. Eliminate redundant sections, modernize the language and section structure and consolidate definitions.

2. Clarify approval processes and confirm the authority to collect fees and to impose conditions on approvals.

3. The Minister is given explicit power to enter into cost-sharing agreements.

4. Streamline the power to delegate approval powers. If a power is delegated, the recipient of the delegated power may retain any fee that is payable.

5. Minister's orders and approvals are explicitly made binding on the original recipient and that person's successor or assignee.

6. The inquiry process required when the Minister intends to refuse a request for an approval or intends to issue an order is recast and simplified.

7. The Minister is being authorized to issue stop work orders in respect of unauthorized dams while compliance issues are resolved.

8. The Minister would be authorized to appoint inspectors and engineers with powers to ensure compliance with the Act. The powers and duties of inspectors and engineers are increased and set out in greater detail.

9. Maximum fines for failure to comply with the Act are being increased.

10. The collection of debts due to the Crown is being simplified. These may be collected as part of municipal taxes.

11. Provisions relating to driving or floating timber and to timber slide companies are repealed. These industries are obsolete.

The Mining Act is being amended to remove references to boring permits. These are covered under the Petroleum Resources Act. The Mining Act currently restricts the issuing of oil and gas exploration licences and production leases to specific geographic areas. The recast version redefines the area.

The changes to the Provincial Parks Act do the following things:

1. Change and update some of the terminology.

2. The enforcement powers of the various parks officials are set out in greater detail and clarified.

3. Maximum fines are being increased.

4. The aspects of prospecting and mining that are prohibited in parks is being set out in greater detail.

Amendments to the Public Lands Act introduce a land use planning process that involves the participation of stakeholders and creates a forum to resolve objections and to control activities that may be inconsistent with approved land use plans. Administrative processes are streamlined by removing the need for order in council approvals. Crown's rights with respect to property left on public land are clarified. Provision is being made for the release of reservations in patents.

The authority to make regulations under the Surveys Act governing monumentation is being transferred to the Association of Ontario Land Surveyors under the Surveyors Act.

The Surveyors Act is also amended to change requirements dealing with the share structure of corporations seeking Certificates of Authorization to a requirement that 50 per cent of the members of the Board of Directors be members of the Association. The requirement that the Association submit an annual report is removed.

Several specified Acts are being repealed. The National Radio Observatory Act, 1962-63 is obsolete. Much of the Trees Act and Woodlands Improvement Act are incorporated into the Forestry Act.

Bill 1191997

An Act to reduce red tape by amending

or repealing certain statutes

administered by

the Ministry of Natural Resources

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

CONSERVATION AUTHORITIES ACT

1. The definition of "referee" in section 1 of the Conservation Authorities Act is repealed.

2. Section 8 of the Act is amended by striking out "Lieutenant Governor in Council" in the first line and substituting "participating municipalities".

3. (1) Subsection 10 (1) of the Act is repealed and the following substituted:

Meeting for enlargement of authority

(1) If an authority has been established for one or more watersheds, the council of a municipality may call a meeting to consider the enlargement of the area over which the authority has jurisdiction to include one or more watersheds.

Notice

(1.1) The council of every municipality completely or partly within the watershed or watersheds shall be given notice of the meeting.

(2) Subsection 10 (4) of the Act is repealed and the following substituted:

Enlargement of authority

(4) A joint resolution, passed at a meeting held under subsection (3) at which a quorum was present by not less than two-thirds of the members of the authority and not less than two-thirds of the municipal representatives at the meeting agreeing to the enlargement of the area over which the authority has jurisdiction to include one or more watersheds, amends the order in council establishing the authority and has the effect of enlarging the area in accordance with the resolution and of designating the additional municipalities and the additional area over which the enlarged authority has jurisdiction.

4. (1) Subsection 11 (1) of the Act is repealed and the following substituted:

Amalgamation of authorities

(1) If two or more authorities have been established for adjoining watersheds or parts thereof or if an established authority has under its jurisdiction part of a watershed, one or more of the authorities or the council of a municipality situated completely or partly within a defined part of the watershed that is not under the jurisdiction of the authority may call a meeting to consider the enlargement of the area over which the authority has jurisdiction.

Notice

(1.1) The council of each municipality situated either completely or partly within the watershed or watersheds shall be given notice of the meeting.

(2) Subsection 11 (4) of the Act is repealed and the following substituted:

Establishment of new authority

(4) A resolution, passed at a meeting held under subsection (3) at which a quorum was present by not less than two-thirds of the representatives present agreeing to the establishment of one authority or to the enlargement, has the effect of establishing the new authority or enlarging the area and designating additional municipalities in accordance with the resolution.

5. Section 12 of the Act is repealed.

6. The English version of subsection 14 (2) of the Act is amended by striking out "Lieutenant Governor in Council" in the third and fourth lines and substituting "participating municipalities".

7. Subsection 15 (2) of the Act is amended by striking out "fifteen" in the first line and substituting "30".

8. Subsection 16 (1) of the Act is repealed and the following substituted:

Vote

(1) Each member of an authority is entitled to one vote.

9. Subsection 19 (3) of the Act is repealed.

10. Section 20 of the Act is amended by adding the following subsection:

Same

(2) Despite subsection (1) and subject to any other legislation pertaining to these resources, authorities may enter into agreements to allow exploration, storage and extraction by others in order to share in the revenue from use of gas or oil resources owned by them if,

(a) the use is compatible with the conservation, restoration, development and management of other natural resources; and

(b) extraction occurs on land adjacent to, but not on, conservation authority land.

11. Clause 21 (d) of the Act, as re-enacted by the Statutes of Ontario, 1996, chapter 1, Schedule M, section 44, is repealed and the following substituted:

(d) despite subsection (2), to lease for a term of five years or less land acquired by the authority.

12. (1) Subsection 28 (1) of the Act is amended by striking out "Subject to the approval of the Lieutenant Governor in Council" in the first and second lines.

(2) Clause 28 (1) (b) of the Act is amended by adding at the end "or with wetland".

(3) Clauses 28 (1) (c) to (f) of the Act are repealed and the following substituted:

(c) providing for the appointment of officers to enforce any regulation made under this section or section 29 and authorizing officers to enter any land for the purpose of enforcing the regulations;

(d) provide for the appointment of persons to act as officers with all of the powers and duties of officers to enforce any regulation made under this section;

(e) prohibiting or regulating the development, within hazardous land, a hazardous site or wetland over which the authority has jurisdiction, if,

(i) in the opinion of the authority, the control of flooding, erosion, dynamic beaches or the conservation of land may be affected by that development, and

(ii) the area is,

(A) adjacent to the shoreline of the Great Lakes-St. Lawrence River System and large inland lakes that are affected by flooding, erosion or dynamic beach hazards,

(B) adjacent to river and stream systems that are affected by flooding or erosion,

(D) wetland; and

(f) defining hazardous land, development, a hazardous site or wetland for the purpose of regulations made under clause (e).

(4) Section 28 of the Act is amended by adding the following subsections:

Regulations by L.G. in C.

(1.1) The Lieutenant Governor in Council may make regulations governing the content, including the standards that may be used, of regulations made by authorities and setting out what must be included or excluded from regulations made by authorities.

Same

(1.2) A regulation made under subsection (1) that does not conform with the requirements of a regulation made under subsection (1.1) is not valid unless it has been approved by the Minister.

Approval

(1.3) Despite any regulation made under this Act that requires an activity to be approved, an activity that is approved under another Act does not require second approval under this Act.

(5) Subsection 28 (6) of the Act is amended by striking out "$1,000" in the fourth line and substituting "$10,000".

(6) Subsection 28 (7) of the Act is repealed and the following substituted:

Order for removal of fill, structure, etc.

(7) In addition to any other remedy or penalty provided by law, the court, upon making a conviction under subsection (6) for constructing a building or structure or placing or dumping fill in contravention of any regulation made under this section, may order the person convicted to,

(a) remove, at that person's expense, the building, structure or fill within such reasonable time as the court orders; and

(b) restore any watercourse in the manner and within the time the court orders.

Failure to comply

(8) If a person does not comply with any order, the authority having jurisdiction may, in the case of a building, a structure or fill, have it removed or, in the case of a watercourse, have it restored.

Cost

(9) The person convicted is liable for the cost of a removal or restoration under subsection (8) and the amount is recoverable by the authority by action in a court of competent jurisdiction.

13. (1) Subsection 29 (1) of the Act is amended by striking out "Subject to the approval of the Lieutenant Governor in Council" in the first and second lines.

(2) Section 29 of the Act is amended by adding the following subsections:

Regulations by L.G. in C.

Same

(1.2) A regulation made under subsection (1) that does not conform with the requirements of a regulation made under subsection (1.1) is not valid unless it has been approved by the Minister.

(3) Subsection 29 (2) of the Act is amended by striking out "$100" at the end and substituting "$1,000".

14. The Act is amended by adding the following section:

Search powers

30.1 An officer may enter and inspect, at any reasonable time, any place, structure or thing, other than a private dwelling, for the purpose of enforcing a regulation made under section 28 or 29.

CROWN FOREST SUSTAINABILITY ACT, 1994

15. Subsection 26 (1) of the Crown Forest Sustainability Act, 1994 is repealed and the following substituted:

Sustainable forest licences

(1) The Minister may, with the approval of the Lieutenant Governor in Council, grant a licence to harvest forest resources in a management unit that requires the licensee to carry out renewal and maintenance activities for the benefit and on behalfof the Crown necessary to provide for the sustainability of the Crown forest in the area covered by the licence.

16. Subsection 32 (1) of the Act is repealed and the following substituted:

Annual area charge

(1) The holder of a forest resource licence shall pay to the Minister of Finance an annual area charge in the amount and within the times required by the Minister of Natural Resources in respect of the land specified under subsection (2).

17. Section 48 of the Act is amended by adding the following subsection:

Asset of Crown

(5.1) The Trust is an asset of the Crown and the money held by the Trust is held for the benefit of the Crown.

FOREST FIRES PREVENTION ACT

18. Section 37 of the Forest Fires Prevention Act is repealed and the following substituted:

Ministerial orders

37. (1) The Minister may by order signed by him or her,

(a) declare any period between January 1 and March 31, both inclusive, or between November 1 and December 31, both inclusive, in any year to be a fire season in a fire region or any part of a fire region;

(b) declare any fire region or part of a fire region to be a restricted fire zone or restricted travel zone for any period;

Regulations Act not to apply

(2) The Regulations Act does not apply to an order of the Minister under subsection (1).

FORESTRY ACT

19. Sections 1 and 2 of the Forestry Act are repealed and the following substituted:

Definitions

1. (1) In this Act,

"county" includes a district municipality and a regional municipality; ("comté")

"forest tree pest" means any vertebrate or invertebrate animal or any virus, fungus, or bacterium or other organism that is injurious to trees commonly found growing in a forest or windbreak or the products from such trees and that is designated as a forest tree pest in the regulations; ("parasites d'arbres forestiers")

"forestry purposes" includes the production of wood and wood products, provision of proper environmental conditions for wild life, protection against floods and erosion, recreation, and protection and production of water supplies; ("fins forestières")

"good forestry practices" means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape; ("bonnes pratiques forestières")

"improvement" does not include a treatment designed solely to produce immediate revenue; ("amélioration")

"infestation" means an actual or potential infestation or infection by a forest tree pest; ("infestation")

"Minister" means the Minister of Natural Resources; ("ministre")

"Ministry" means the Ministry of Natural Resources; ("ministère")

"municipality" means a municipality as defined in the Municipal Act and a district municipality and a regional municipality; ("municipalité")

"nursery stock" means coniferous or hardwood seedlings, transplants, grafts, or trees propagated or grown in a nursery and with the roots attached, and includes cuttings with or without the roots attached; ("plants de pépinière")

"officer" means a person appointed by the Minister for the purposes of this Act; ("agent")

"owner" means a person having any right, title, interest or equity in land; ("propriétaire")

"regulations" means the regulations made under this Act; ("règlements")

"woodlands" means land with at least,

(a) 1,000 trees, of any size, per hectare,

(b) 750 trees, measuring over five centimetres in diameter, per hectare,

(d) 250 trees, measuring over 20 centimetres in diameter, per hectare,

but does not include a plantation established for the purpose of producing Christmas trees. ("terrain boisé").

Same

(2) For the purpose of the definition of "woodlands", all measurements of the trees are to be taken at 1.37 metres from the ground.

Agreements re forestry development

2. (1) The Minister may enter into agreements with owners of land suitable for forestry purposes that provide for the management or improvement of the land for these purposes upon such conditions as the Minister considers proper.

Grants

(2) The Minister may make grants of the sums provided for in the agreement, on such conditions as the Minister considers appropriate, out of the money appropriated by the Legislature to any conservation authority or municipality for the purpose of assisting it in the acquisition of land that is suitable for forestry purposes and that is to be managed under an agreement.

Forestry purposes only

(3) A conservation authority or municipality that has entered into an agreement under subsection (1), or a predecessor provision, shall not, without the approval of the Minister, use any land in respect of which grants have been made under subsection (2) for any purpose that is inconsistent with forestry purposes at any time during or after the term of the agreement.

Repayment

(4) A conservation authority or municipality that uses land covered by an agreement authorized under subsection (1), or a predecessor provision, for a purpose that is inconsistent with forestry purposes, without the approval of the Minister, shall repay to the Province of Ontario all grants that it received under the agreement to acquire the land.

Sale of land

(5) Land in respect of which grants have been made under

subsection (2), or a predecessor provision, shall not, without the approval of the Minister, be sold, leased or otherwise disposed of during or after the term of the agreement.

Proceeds shared

(6) The proceeds from any sale, lease or other disposition of the land shall be shared equally with the conservation authority or municipality, as the case may be, and the Province of Ontario.

Exception

(7) Subsection (6) does not apply to a sale, lease or other

disposition for the use of the Province of Ontario.

20. Sections 4 to 10 of the Act are repealed and the following substituted:

Woodlands improvement agreements

4. An Agreement made under the Woodlands Improvement Act shall be deemed to be an agreement made under section 2.

Establishing forestry programs

5. (1) The Minister may establish programs to encourage forestry.

Conditions

(2) A program may determine the conditions under which services are provided by the Ministry and expenses are allowed or grants are payable.

Fees

(3) A program may require that fees be paid by persons engaged in forestry to which the program applies and may fix the amount of the fees.

Money

(4) The money required for a program shall be paid out of the money appropriated for the program by the Legislature.

False statements

(5) No person shall knowingly make any false statements of fact to the Ministry in respect of any program for forestry purposes established by the Ministry.

Nursery stock

6. No person shall, directly or indirectly, sell or offer for sale or dispose of by gift or otherwise any nursery stock furnished by the Ministry under this Act.

Control measures

7. If, in the opinion of the Minister, the control of an infestation on any land is in the public interest, the Minister may direct an officer to enter upon the land and, at the expense of the Crown, take such measures to prevent, retard, suppress, eradicate or destroy the infestation as the officer considers advisable.

Powers of entry

8. An officer, with or without the consent of the owner, may enter upon any land between sunrise and sunset to inspect the land and its trees and forest products for infestation and to survey and examine the timber and other natural resources on the land in order to determine the suitability of the land for forestry purposes.

Obstruction of officers

9. No person shall obstruct an officer in the performance of his or her duty.

Boundary trees

10. (1) An owner of land may, with the consent of the owner of adjoining land, plant trees on the boundary between the two lands.

Trees common property

(2) Every tree whose trunk is growing on the boundary between adjoining lands is the common property of the owners of the adjoining lands.

Offence

(3) Every person who injures or destroys a tree growing on the boundary between adjoining lands without the consent of the land owners is guilty of an offence under this Act.

Tree conservation

11. (1) The council of any county or of any municipality separated from the county for municipal purposes may pass by-laws consistent with good forestry practices,

(a) restricting and regulating the destruction of trees by cutting, burning or other means in woodlands of the size specified in the by-law;

(b) providing for the appointment of officers to enforce any by-law passed under this section; and

(c) providing for a process to authorize minor exceptions from the by-law in respect of such trees as, in its opinion, is desirable for the appropriate development or use of the land on which the trees are situate, if the general intent and purpose of the by-law is maintained.

Officers

(2) An officer appointed under a by-law passed under subsection (1), or a predecessor provision, and any person acting under the officer's instructions may at all reasonable times enter upon the land of any person to,

(a) enforce the by-law;

(b) determine compliance with an order made under subsection 19 (2); or

By-law may be limited

(3) A by-law passed under subsection (1) may be limited territorially.

What by-law does not do

(4) A by-law passed under subsection (1), or a predecessor provision, shall not be construed to,

(a) interfere with the right of a person who has been the registered owner of land for at least two years to cut trees on the land for the person's own use;

(b) interfere with any rights or powers conferred upon a municipality by the Municipal Act;

(c) interfere with any rights or powers of Ontario Hydro or of any agency, board or commission that is performing its functions for or on behalf of the Crown;

(d) apply to trees growing on any highway or on any opened road allowance;

(e) apply to trees destroyed in order to erect a building, structure or thing in respect of which a building permit is issued;

(f) apply to trees planted for the production of Christmas trees;

(g) apply to trees on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act;

(h) apply to trees cut by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying or any person in his or her employ while making a survey;

(i) apply to trees destroyed in order to lawfully establish and operate or enlarge any pit or quarry on land that has not been designated under the Aggregate Resources Act or a predecessor of that Act; or

(j) apply to trees that are cut in accordance with good forestry practice.

Interpretation

(5) The expression "own use" in clause (4) (a) does not include a sale, exchange or other disposition of the trees that are cut.

Application for minor exceptions

(6) Despite the repeal of the Trees Act, section 9 of the Trees Act continues to apply in respect of by-laws passed before the coming into force of this section.

County by-laws for acquiring lands for forestry purposes

12. The council of any county may pass by-laws,

(a) for acquiring by purchase, lease or otherwise land for forestry purposes;

(b) for declaring land that is owned by the municipality to be required by the municipality for forestry purposes;

(d) for the management of any land acquired for or declared to be required for forestry purposes and the sale or other disposition of the trees thereon;

(e) for the issuing of debentures, without the assent of the electors but subject to the approval of the Ontario Municipal Board, from time to time for the purpose of providing for the purchase of land for forestry purposes to an amount not exceeding $25,000 to be owing at any one time;

(f) for entering into agreements for the management of any land acquired for or declared to be required for forestry purposes;

(g) for leasing, selling or otherwise disposing of any land acquired for or declared to be required for forestry purposes.

Evidence in prosecutions

13. In any prosecution under this Act,

(a) a copy of an instrument certified under section 17 of the Registry Act or a certificate of search issued under section 117 of the Land Titles Act is admissible in evidence as proof, in the absence of evidence to the contrary, of the matters therein contained; and

(b) a certificate of the Minister or Deputy Minister of Natural Resources in respect of the right, title and interest of the Crown in any trees on any land is admissible in evidence as proof, in the absence of evidence to the contrary, of the matters therein contained.

Payment in lieu of taxes

14. The council of a county may agree to pay annually to the council of a municipality in which the county owns land acquired or declared to be required for forestry purposes a sum not exceeding the amount that would have been payable to the municipality as taxes if the land were not exempt from taxation.

Powers of certain local municipalities

15. (1) The council of any municipality with a population of not less than 10,000, has all the powers, privileges and authority conferred on the council of a county by section 12.

Acquisition of land in another municipality

(2) Land may be acquired under subsection (1) in another municipality with the consent of the council of that municipality.

Payments

(3) If a municipality acquires land in another municipality under this section, the council of the first-mentioned municipality may agree to pay annually to the municipality in which the land is situate a sum not exceeding the amount that would have been payable to the municipality as taxes if the land were not exempt from taxation.

Powers of township councils

16. (1) The council of any township having a population of less than 10,000 has all the powers, privileges and authority conferred by clauses 12 (a), (b), (c), (d), (f) and (g) on the council of a county.

Same

(2) The council of any township may levy, by special rate, a sum not exceeding $1,000 in any year for the purpose of providing for the purchase of land for forestry purposes.

Agreements as to reforestation areas

17. (1) The council of any township may enter into agreements with the owners of land located in the township providing for,

(a) the reforestation of portions of the land;

(b) the entry and planting of trees upon such portions by the employees or agents of the council; and

Acreage

(2) No agreement shall provide for the reforestation of less than five acres of land for every 100 acres belonging to the same owner.

Cutting

(3) Every agreement shall prescribe the conditions under which the cutting of timber upon the portions may be carried out and the conditions are subject to the approval of the Minister.

Exemption from taxation

(4) The council of the township may exempt any portion from general taxation as long as it continues to be used for the purposes set out in the agreement.

Agreements with Ministers of Labour

(5) The council of the township may enter into agreements with the Minister of Labour for Canada and the Minister of Labour for Ontario regulating the conditions of labour and the payment of wages in respect of labour performed in connection with the planting and conservation of trees in the portions.

Regulations

18. (1) The Lieutenant Governor in Council may make regulations designating forest tree pests for the purposes of this Act.

Regulation may be limited

(2) Any regulation made under subsection (1) may be limited territorially or as to time.

Offence

19. (1) Every person who,

(a) contravenes a provision of this Act;

(b) alone or through any other person, contravenes any provision of a by-law passed under this Act, or a predecessor of this Act;

(c) obstructs or interferes with an officer appointed under a by-law passed under this Act, or a predecessor of this Act, or any person acting under the officer's instructions, in the discharge of his or her duties; or

(d) fails, without just cause, to comply with an order made under subsection (2),

is guilty of an offence and on conviction is liable to a fine of not more than $20,000 or to imprisonment for a term of not more than three months, or to both.

Replanting

(2) If a person is convicted of an offence under clause (1) (b), the court shall consider all evidence given in respect of the necessity of replanting the area on which trees have been destroyed and may order the owner of the area to,

(a) replant the trees, in the manner and within the time that the court considers appropriate; and

(b) adequately maintain the replanted trees in the manner the court considers proper.

Where inconsistent penalties

(3) The penalty set out in subsection (1) applies despite any lower penalty set out in a by-law.

Approval of by-law by Minister

20. No by-law shall be finally passed under section 11, 12, 14, 15, 16 or 17 until approved in writing by the Minister.

LAKES AND RIVERS IMPROVEMENT ACT

21. (1) The definition of "dam" in section 1 of the Lakes and Rivers Improvement Act is repealed and the following substituted:

"dam" means a structure or work forwarding, holding back or diverting water and includes a dam, tailings dam, dike, diversion, channel alteration, artificial channel, culvert or causeway. ("barrage")

(2) Section 1 of the Act is amended by adding the following definitions:

"engineer" means a person licensed under the Professional Engineers Act to practise professional engineering and appointed by the Minister for the purposes of this Act; ("ingénieur")

"mill" means a plant or works in which logs or wood-bolts are processed, and includes a saw mill, a pulp mill and a pulp and paper mill; ("usine")

"owner" means the owner of a dam and includes the person constructing, maintaining or operating a dam. ("propriétaire")

(3) The definition of "lake" in section 1 of the Act is amended by adding at the end "and similar body of water".

(4) The definition of "river" in section 1 of the Act is repealed and the following substituted:

"river" includes a creek, stream, brook and any similar watercourse. ("rivière")

22. Section 2 of the Act is repealed and the following substituted:

Purposes of Act

2. The purposes of this Act are to provide for,

(a) the management, protection, preservation and use of the waters of the lakes and rivers of Ontario and the land under them;

(b) the protection and equitable exercise of public rights in or over the waters of the lakes and rivers of Ontario;

(d) the management, perpetuation and use of the fish, wildlife and other natural resources dependent on the lakes and rivers;

(e) the protection of the natural amenities of the lakes and rivers and their shores and banks; and

(f) the protection of persons and of property by ensuring that dams are suitably located, constructed, operated and maintained and are of an appropriate nature with regard to the purposes of clauses (a) to (e).

23. (1) Clause 3 (1) (c) of the Act, as enacted by the Statutes of Ontario, 1994, chapter 23, section 68, is repealed and the following substituted:

(2) Subsection 3 (1) of the Act, as amended by the Statutes of Ontario, 1994, chapter 23, section 68 and 1996, chapter 1, Schedule N, section 3, is further amended by adding the following clause:

(f) governing the design, construction, operation and maintenance of dams in any lake or river or any defined portion of a lake or river.

(3) Subsection 3 (3) of the Act is repealed.

24. Section 4 of the Act is repealed and the following substituted:

Ministerial agreements

4. For the purposes of this Act, the Minister may enter into agreements, including cost-sharing agreements, with any government or person dealing with the management, protection or use of lakes and rivers and the design, construction, operation, repair, maintenance, alteration or removal of dams or other works in lakes and rivers.

25. Section 7 of the Act is amended by striking out "or to collect tolls other than those upon timber" at the end.

26. Section 8 of the Act is repealed and the following substituted:

Orders binding

8. An order of the Minister and all conditions in an approval under this Act are binding upon and enforceable against the successor or assignee of the person to whom the order is directed or the approval is granted.

27. Sections 10 and 11 of the Act are repealed and the following substituted:

Notice of intent

11. (1) If the Minister intends to refuse an approval that he or she is empowered to give under this Act or to make an order directing any act that will incur costs, the Minister shall, before refusing the approval or making the order, give notice of the intention to the person asking for the approval or to whom the order would be directed.

When notice received

(2) A notice that is mailed by prepaid post to the last known address recorded with the Ministry for a person shall be deemed to have been received by that person five business days after it is mailed.

Request for inquiry

(3) The notice shall inform the person to whom it is given that the person is entitled to an inquiry if a written request for an inquiry is delivered to the Minister within 15 days after the notice is received.

Inquiry required

(4) If the Minister receives a request for an inquiry within the time set out in subsection (3), the Minister shall cause an inquiry to be held and shall consider the inquiry officer's report before making a decision respecting an approval or the making of an order.

Inquiry not required

(5) Subsections (3) and (4) do not apply if the Minister is of the opinion that an immediate order is necessary to protect any person from injury or property from damage and if the Minister so states in the order.

Inquiry officer

(6) The Minister may appoint an inquiry officer and shall specify the particulars of the inquiry.

Inquiry

(7) An inquiry officer shall establish the parties to the inquiry, shall fix a time and place for the inquiry, giving adequate notice in the circumstances, and shall hold the inquiry specified.

Parties

(8) The following are parties to an inquiry:

1. The person who requested the inquiry.

2. The Minister.

3. Any person whom the inquiry officer determines has a direct interest and should be added as a party.

Disclosure

(9) At least 20 days before the day fixed for the inquiry,

(a) each of the parties to the inquiry shall serve each of the other parties a statement setting out the grounds and a list of the documents upon which each intends to rely at the inquiry; and

(b) each party to the inquiry shall make available for inspection by the other parties all documents that the party proposes to use at the inquiry.

Purpose of inquiry

(10) The inquiry officer shall inquire as to whether the refusal of approval or the proposed order is fair, sound and reasonably necessary to achieve the purposes of this Act.

Report

(11) The inquiry officer shall report to the Minister,

(a) setting out the findings of fact;

(b) stating the officer's opinion on the merits and the reasons for that opinion; and

Copies of report

(12) The inquiry officer shall provide a copy of the report to each of the other parties.

Application of R.S.O. 1990, c. S.22

(13) Sections 6 to 16, 21, 21.1, 22 and 23 of the Statutory Powers Procedure Act apply, with necessary modification, to an inquiry under this section.

Minister's decision

(14) The Minister, after considering the report, may,

(a) in the case of a request for approval, grant the approval requested or a modified version of it or refuse to grant the approval; or

(b) in the case of a proposed order, make the order proposed or a modified version of it or refrain from making the proposed order.

Reasons

(15) The Minister shall give reasons for his or her decision to the parties to the inquiry.

28. Section 13 and section 14, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule N, section 3, of the Act, are repealed and the following substituted:

Approvals

14. (1) No person shall construct a dam in any lake or river in circumstances set out in the regulations without the written approval of the Minister for the location of the dam and its plans and specifications.

Location approval

(2) An application for approval of the location of a dam must be made in writing and must be accompanied by,

(a) a diagram showing the proposed location of the dam, any area to be flooded and the land of persons other than the applicant that may be affected by the flooding; and

(b) a statement showing the purpose, type and size of the dam, whether the dam will be temporary or permanent, the quantity of water to be held, and the rate of flow of water that may be diverted.

Plan approval

(3) If the location of a dam has been approved, an application for approval of the plans and specifications of the dam must be made in writing and must be accompanied by,

(a) three copies of the plans and specifications showing full details of the dam, including any spillways, sluicegates, channels and other associated structures, and the maximum elevation at which the water will be held under normal operating conditions;

(b) a report on the design of the dam and a map showing the location and size of the watershed above the dam; and

(c) particulars of the nature of the foundation on which the dam is to be constructed with reports of all boring or test pits.

Additional information

(4) The Minister may require any person submitting an application under this section to provide any additional information that the Minister considers pertinent.

Approval

(5) The Minister may approve the location or the plans and specifications of a dam subject to such conditions or with such changes as the Minister considers advisable to further the purposes of this Act.

Fees

(6) The Minister may set, charge and collect fees for issuing approvals under this Part.

Refusal of approval

(7) The Minister may refuse to grant an approval for the location of a dam if the Minister is of the opinion that the construction of the dam at that location would not coincide with the purposes of this Act.

Expiration of approval - location

(8) An approval for location of a dam expires with the specified time for applying for approval of the plans and specifications unless the application for the approval of the plans and specifications is made within that time.

Expiration of approval

(9) An approval for location of a dam and the approval for plans and specifications of the dam expire with the specified time for the completion of construction of the approved dam.

Extension

(10) Subsection (9) does not apply if the Minister is satisfied that construction of the dam is progressing to completion in a diligent manner and extends the time for the completion of construction.

Non-application - emergency

(11) This section does not apply to the construction of an emergency dam if the construction is immediately necessary to prevent injury to persons, loss of life or loss of property.

Directions from Minister

(12) When the situation set out in subsection (11) arises, the owner shall,

(a) immediately give notice to the Minister of the start of construction of a dam; and

(b) comply with the directions of the Minister on the precautions to be taken in maintaining the dam and its removal when the purpose for which it was constructed has been served.

29. Section 15 of the Act is repealed and the following substituted:

Ministerial delegation

15. (1) The Minister may delegate, in writing, any of his or her powers or duties respecting approvals under this Part to any agency, authority, corporation or person outside the Ministry subject to such limitations and requirements as may be set out in the delegation.

Fees

(2) A delegation of a power or duty to issue approvals includes the right to collect and retain fees for issuing the approvals.

30. Section 16 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule N, section 3, is repealed and the following substituted:

Alterations, etc.

16. (1) No person shall alter, improve or repair any part of a dam in the circumstances prescribed by the regulations unless the plans and specifications for whatever is to be done have been approved by the Minister.

Approval

(2) An approval may be granted subject to such conditions or changes as the Minister considers necessary to further the purposes of this Act.

31. Section 17 of the Act is repealed and the following substituted:

Orders

17. (1) If a dam has been constructed on a lake or river and the location or the plans and specifications have not been approved and the Minister considers it necessary for any of the purposes of this Act, the Minister may order the owner to provide plans and specifications of the dam, or repair or remove the dam within the time specified in the order.

Inspector's report

(2) If an inspector or an engineer reports to the Minister that, because of the design, construction or condition of a dam, water is being or may be held, released, forwarded or diverted in sufficient volume or at sufficient rate of flow to cause personal injury or loss of or damage to property, the Minister may order the owner to do what the Minister, on the basis on the report, considers necessary to rectify the problem within the time specified in the order.

Engineer's examination

(3) The Minister may have an engineer examine and report on a dam and the Minister may order the owner, within the time specified in the order, to do what, on the basis of the report, the Minister considers necessary to further the purposes of this Act.

Fishway

(4) The Minister may order the owner of a dam that has been constructed without a fishway to provide one, within the time specified in the order, that permits free and unobstructed passage of fish up and down stream at any season of the year.

Where failure to comply

(5) After the expiration of the time specified in an order, the Minister may do anything that an owner was ordered to but did not do.

Where no approval

17.1 (1) If any activity that requires an approval under this Act is started without that approval, the Minister may order the owner to,

(a) stop the activity;

(b) furnish, within the time specified in the order, the diagrams, statements, plans and specifications, reports or other information that the Minister would be entitled to have before issuing an approval; and

Where failure to comply

(2) After the expiration of the time specified in an order, the Minister may do, change or remove anything that an owner was ordered to but did not do, change or remove.

Recoverable debt

(3) The cost of anything that the Minister does under section 17 or this section because of the failure of an owner to comply with an order is a debt of the owner due to the Crown in right of Ontario and is recoverable with costs in any court of competent jurisdiction.

Non-application of s. 11

(4) Section 11 does not apply to an order made under this section.

Subsequent approval

17.2 (1) The Minister may approve the location or plans and specifications of a dam that have not been approved under section 14, with any changes the Minister considers necessary, after construction has started if the location and plans and specifications are compatible, in the opinion of the Minister, with the purposes of this Act.

Modifying order

(2) In giving an approval under subsection (1), the Minister may rescind or modify a previously issued order in respect of the dam for which approval is given.

32. Sections 19 and 20 of the Act are repealed and the following substituted:

Inspectors and engineers

19. (1) The Minister may, in writing, appoint inspectors and engineers for the purposes of this Act.

Limitation

(2) The Minister may limit the duties and authority of any inspector or engineer appointed.

Duties of inspectors

20. (1) The duties of an inspector include determining if,

(a) the approvals or conditions of approvals under this Act have been complied with;

(b) the orders issued under this Act have been complied with; and

Powers: inspector, engineer

(2) For the purpose of carrying out his or her duties under this Act, an inspector or an engineer may,

(a) enter and inspect, at any reasonable time, any place, structure or land, other than a private dwelling;

(b) require the production for inspection of any document or thing; and

Owner's obligation

(3) The owner of a dam or proposed dam shall permit and facilitate an inspector or an engineer, in the course of carrying out his or her duties, to,

(a) enter and inspect, at any reasonable time, any place, structure or land under the control of the owner, other than a private dwelling; and

(b) inspect any document or thing under the control of the owner.

Removal

(4) An inspector may, upon giving a receipt for it, remove any document or thing produced pursuant to a request under clause (2) (b) for the purpose of making copies or extracts.

Return

(5) Any document or thing that is taken under subsection (4) shall be returned as soon as reasonably possible.

Search warrant

(6) An inspector may obtain a search warrant under Part VIII of the Provincial Offences Act.

Interference prohibited

20.1 (1) No person shall interfere with or otherwise hinder an inspector or an engineer in carrying out his or her duties.

Information

(2) No person shall furnish an inspector or an engineer with false information or fail to furnish information required by an inspector or an engineer for the purpose of carrying out his or her duties.

33. Section 22 of the Act is repealed and the following substituted:

Appointing officers

22. (1) The Minister may appoint officers with the powers and duties specified by the Minister to take charge of a lake or river or any dam in a lake or river if,

(a) a dam is under construction or has been constructed on the lake or river and the Minister considers it expedient for the purposes of this Act; or

(b) a dispute arises between persons having the right to use the lake or river or dam in a lake or river.

Orders

(2) The Minister may, on the recommendation of an officer, make orders to regulate the use of the lake or river or to regulate the use and operation of any dam in the lake or river in the manner that seems, to the Minister, best calculated to afford to persons having conflicting interests on the lake or river or in the dam a fair and reasonable use of the waters of the lake or river and to achieve the purposes of this Act.

Boundary waters

(3) If a change in the level of international boundary waters is involved, the orders of the Minister and the duties of the officers shall conform to any order or recommendation that the International Joint Commission may make under the authority of the International Boundary Waters Treaty between Great Britain and the United States.

34. Sections 25 to 29 of the Act are repealed and the following substituted:

Offence

28. (1) Every person who,

(a) constructs or operates a dam without the location or plans and specifications of the dam having been approved by the Minister;

(b) alters, repairs or improves any part of a dam without the plans and specifications of the alteration, repair or improvement having been approved by the Minister;

(c) hinders or obstructs an engineer, inspector, officer or agent of the Minister in the exercise of a power or performance of a duty under this Act or the regulations; or

(d) contravenes any provision of this Act or a regulation for the contravention of which no other penalty is provided,

is guilty of an offence and, on summary conviction, is liable to a fine of not more than $10,000.

Same

(2) Every person who fails to,

(a) comply with an order under section 17, 17.1, 18, 22, 23, 36 or 38;

(b) provide any plans, books, accounts or documents relating to the design, construction or condition of a dam when required by an engineer, inspector, officer or agent of the Minister; or

is guilty of an offence and, on summary conviction, is liable to a fine of not more than $10,000 and, if after conviction, the failure continues, to a further fine of not more than $1,000 for each day during which the offence continues.

Other liability

(3) A conviction of a person under this section does not affect that person's liability for damages.

Onus of proof

(4) In a prosecution under clause (1) (a) or (b), the onus is on the person charged to prove that the location or the plans and specifications, as the case may be, have been approved by the Minister.

Minister's direction for payment

29. (1) If a debt is owed to the Crown by an owner who owns real property in a municipality for work carried out by the Minister under this Act, the Minister may direct the municipality to recover the amount specified.

Lien

(2) Upon receiving a direction under subsection (1), the municipality has a lien on the property for the amount to be recovered, the amount shall be deemed to be municipal taxes in respect of the property and the clerk of the municipality shall add the amount to the collector's roll and collect it in the same way and with the same priorities as municipal taxes.

Same

(3) Despite any other Act, a lien arising by operation of subsection (2) is not an estate or interest of the Crown in right of Canada or in right of Ontario.

Money collected

(4) A municipality collecting money under this section shall pay the amount collected, less costs reasonably attributable to the collection, to the Minister of Finance.

Where land sold

(5) If land is sold under the Municipal Tax Sales Act and any of the proceeds are payable to the Minister of Finance under this section, the Fire Marshals Act, the Environmental Protection Act or the Ontario Water Resources Act, none of the proceeds arepayable until after payment of all other amounts payable from the proceeds in respect of the cancellation price of the land.

Cancellation price

(6) Despite any provision in the Municipal Tax Sales Act, the treasurer of a municipality may sell land under that Act for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Fire Marshals Act, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under the Municipal Tax Sales Act.

Interpretation

(7) In subsections (5) and (6),

"cancellation price" has the same meaning that it has in the Municipal Tax Sales Act.

Territory without municipal organization

(8) If a debt is owed to the Crown by an owner who owns real property in a territory without municipal organization for work carried out by the Minister under this Act, the Minister may direct the land tax collector appointed under the Provincial Land Tax Act to recover the amount specified.

Lien

(9) The Crown has a lien on the property for the amount to be recovered, the amount shall be deemed to be taxes in respect of the property imposed under the Provincial Land Tax Act and shall be collected in the same way and with the same priorities as taxes under that Act.

35. Sections 30 to 37 of the Act are repealed and the following substituted:

Throwing things in lakes, rivers

36. (1) No person shall throw, deposit, discharge or permit the throwing, depositing or discharging of any refuse, substance or matter in a lake or river, whether or not the lake or river is covered by ice, or on the shores or banks of a lake or river under circumstances that conflict with the purposes of this Act.

Order to remove

(2) If any refuse, substance or matter is deposited, thrown or discharged in a lake or river or on the shore or banks of a lake or river in circumstances that the Minister considers conflict with the purposes of this Act, the Minister may order the person who did the act or caused it to be done to take such steps, within the time specified in the order, as the Minister considers necessary to remove the refuse, substance or matter from the lake or river or the shore or bank, as the case may be.

Where failure to comply

(3) After the expiration of the time specified in an order, the Minister may remove whatever the person to whom the order was directed did not remove.

Recoverable debt

(4) The cost of anything that the Minister does under this section because of the failure of a person to whom an order was directed to comply with the order is a debt of that person due to the Crown in right of Ontario and is recoverable with costs in any court of competent jurisdiction.

36. Subsections 38 (2) and (4) of the Act are repealed.

37. (1) Sections 40 to 42, section 43, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule N, section 3, and sections 44 to 88 of the Act are repealed.

(2) Despite subsection (1), section 46 of the Act continues to apply to the works constructed by a company incorporated under section 41 of the Act.

38. Form 1 of the Act is repealed.

MINING ACT

39. Sections 99 to 102 of the Mining Act are repealed and the following substituted:

Application

99. This part applies to Crown land lying north of the 51st parallel at latitude and south and east of the River Mattawa, Lake Nipissing and the French River.

Exploration licences

100. The Minister may issue exploration licences for the purposes of exploring and drilling for oil and gas on Crown land.

Production leases

101. The Minister may issue production leases for the drilling for and production of oil and gas from Crown land.

Licence and lease regulations

102. The Lieutenant Governor in Council may make regulations in respect of,

(a) the tendering of exploration licence rights;

(b) the application for and issuance of exploration licences;

(d) the application for and issuance of production leases;

(e) the terms and conditions of production leases;

(f) exploration licence and production lease rentals;

(g) minimum exploration licence work requirements;

(h) production lease royalties;

(i) the transfer, assignment, surrender and termination of exploration licences and production leases; and

(j) the sale or tendering of exploration licence and production lease rights upon cancellation or termination of a licence or lease.

PROVINCIAL PARKS ACT

40. The definition of "master plan" as set out in section 1 of the Provincial Parks Act is amended by striking out "master plan" at the beginning and substituting "management plan".

41. Section 5 of the Act is repealed and the following substituted:

Classification of provincial parks

5. The Lieutenant Governor in Council may classify any provincial park as a natural environment park, a historical park, a nature reserve, a wilderness park, a recreation park and a waterway park or such other class of park as the Lieutenant Governor in Council may designate.

42. Subsection 7 (2) of the Act is amended by striking out "historic zone, multiple use zone, natural zone, primitive zone, recreational zone" in the sixth and seventh lines and substituting "historical zone, natural environment zone, wilderness zone, nature reserve zone, access zone, development zone and recreation-utilization zone".

43. (1) Subsection 8 (1) of the Act is amended by striking out "master plan" in the first and second lines and substituting "management plan".

(2) Subsection 8 (2) of the Act is amended by striking out "master plan" in the first line and substituting "management plan".

44. Section 13 of the Act is repealed and the following substituted:

Powers of superintendent, etc.

13. The superintendent, the assistant superintendent, a park warden and a conservation officer have all the power and authority of a member of the Ontario Provincial Police as it relates to the enforcement of this Act, the Liquor Licence Act, the Trespass to Property Act, the Highway Traffic Act, the Criminal Code (Canada), the Off-Road Vehicles Act and the Motorized Snow Vehicles Act within a provincial park.

45. Subsection 20 (1) of the Act is repealed and the following substituted:

Prospecting, mining, etc.

(1) Subject to the regulations, prospecting, staking mining claims, developing mineral interests, working mines or extracting sand, gravel, topsoil or peat resources in provincial parks is prohibited.

46. Subsection 22 (1) of the Act is amended by striking out "$5,000" in the last line and substituting "$25,000".

PUBLIC LANDS ACT

47. Section 2 of the Public Lands Act is amended by adding the following subsection:

Agreements

(2) The Minister may enter into agreements with any person for the purpose of carrying out his or her duties under this Act.

48. Section 12 of the Act is repealed and the following substituted:

Designating planning units

12. (1) The Minister may designate all or any area of public land as a planning unit and the Minister may require that a land use plan be prepared for the planning unit.

Advisory committees

(2) The Minister may establish advisory committees to participate in the preparation and implementation of land use plans.

Manual

12.1 (1) A land use plan shall be prepared in accordance with the land use planning manual approved by the Minister.

Provisions

(2) The land use planning manual shall contain provisions respecting,

(a) the contents and preparation of land use plans, including public involvement and decision-making processes; and

(b) the establishment of zones to define the purposes for which public land, water and natural resources within each zone may be managed.

Approval required

12.2 (1) A land use plan is of no effect unless approved by the Minister.

Minister's powers

(2) The Minister may approve the plan, reject it or approve it with such modifications as the Minister feels appropriate.

Ministerial amendments

(3) The Minister may, at any time, amend, in accordance with the land use planning manual, a land use plan that the Minister previously approved.

Objections

12.3 (1) Any person may object to the approval or amendment of a land use plan by giving written notice to the Minister within 30 days after the date of the approval.

Review

(2) The Minister may designate one or more individuals or a board, commission or agency to review the objection and make a report to the Minister setting out recommendations.

Minister's decision

(3) After considering the report, the Minister may take such action as the Minister considers appropriate and shall notify the objector in writing.

Decision final

(4) The decision of the Minister is final.

Non-application of R.S.O. 1990, c. S.22

(5) The Statutory Powers Procedure Act does not apply to reviews under this section.

Guidelines

(6) The Minister may establish guidelines with respect to reviews under this section.

Consistent activities

12.4 (1) All activities carried out within a planning unit shall be consistent with the land use plan approved for the planning unit.

Objections

(2) Any person may object to an activity that is inconsistent with the land use plan by giving the Minister written notice and the Minister shall refer the objection to the individual or body designated under subsection 12.3 (2) for review and preparation of a report with recommendations.

Ministerial order

(3) The Minister may, by order, require any person to stop any activity that, in the opinion of the Minister, is inconsistent with a land use plan.

Same

(4) Subsection (3) applies even if there is no objection under subsection (2) or the land affected by the order is the subject-matter of a current review under section 12.3.

Compliance

(5) No person shall contravene or fail to comply with the Minister's order.

49. Section 16 of the Act is amended by striking out "but no such sale or lease shall be made of parcels of more than five hectares, and in the case of a sale at less than $24.70 a hectare and in the case of a lease at less than $12.35 a hectare per annum, without the approval of the Lieutenant Governor in Council" at the end.

50. The Act is amended by adding the following section:

Lost, mislaid or abandoned property

27.1 (1) Subject to the Mining Act, any lost, mislaid or abandoned property on public land that comes into the custody of the district manager and 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.

Same

(2) If the property is perishable or has no commercial value, it may be given to a charitable institution or destroyed.

Same

(3) 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.

Minister's direction

(4) Subsection (1) does not apply if the Minister, in writing, refuses to accept ownership of the property.

51. The Act is amended by adding the following section:

Transfer of administration and control

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;

(d) an agent corporation within the meaning of the Financial Administration Act (Canada).

Terms and conditions

(2) A transfer by ministerial order is subject to any terms and conditions specified in the order.

Crown grant

(3) A transfer by ministerial order shall be deemed to be a Crown grant for the purposes of section 37.

52. Section 41 of the Act is repealed.

53. Subsection 58 (6) of the Act is repealed and the following substituted:

Release of trees reserved, etc.

(6) Where public lands have been disposed of by the Crown under this or any other Act and some but not 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 the price and on the terms and conditions that the Minister considers proper.

54. Subsection 61 (5) of the Act is amended by striking out "prescribed therefor by the regulations" in the second and third lines and substituting "specified by the Minister".

55. (1) Subsection 66 (1) of the Act is amended by striking out "prescribed therefor by the regulations" in the eighth and ninth lines and substituting "specified by the Minister".

(2) Subsection 66 (2) of the Act is amended by striking out "prescribed therefor by the regulations" in the ninth line and substituting "specified by the Minister".

56. The Act is amended by adding the following section:

Application

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.

Release of reservations by Ministerial order

(2) Subject to subsection (3), 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 may be released by an order signed by the Minister, at the price and on the conditions that the Minister considers proper.

Authorization by regulation

(3) The Minister may not release a reservation unless the release is authorized by the regulations.

Regulations authorizing release of reservations

(4) The Lieutenant Governor in Council may make regulations authorizing the Minister to release a reservation or class of reservations in letters patent.

57. Subsection 69 (2) of the Act is amended by striking out "prescribed therefor by the regulations" in the second and third lines and substituting "specified by the Minister".

SURVEYORS ACT

58. (1) Subsection 7 (1) of the Surveyors Act is amended by adding the following paragraph:

32.1 prescribing the kind and form of monuments used to identify points in surveys and prescribing how and where they are to be used and how they are to be designated on plans of survey.

(2) Section 7 of the Act is amended by adding the following subsection:

Regulation may be limited

(1.1) Any regulation authorized by paragraph 32.1 of subsection (1) may be limited territorially or as to time or otherwise.

59. Paragraph 3 of subsection 14 (2) of the Act is repealed and the following substituted:

3. At least 50 per cent of the members of the board of directors of the corporation shall be members of the Association.

60. Section 45 of the Act is repealed.

SURVEYS ACT

61. Clause 62 (1) (c) of the Surveys Act is repealed.

Regulation made under Surveys Act, s.62

62. The following regulation, as it read immediately before this section comes into force, continues in force as if it had been made under subsection 7 (1) of the Surveyors Act and may be amended or revoked under that subsection:

1. Ontario Regulation 525/91.

REPEALS, COMMENCEMENT AND SHORT TITLE

Repeals

63. The following are repealed:

1. Forest Tree Pest Control Act.

2. Forestry Workers Employment Act.

3. Settlers' Pulpwood Protection Act.

4. Spruce Pulpwood Exportation Act.

5. The National Radio Observatory Act, 1962-63.

6. Trees Act.

7. Woodlands Improvement Act.

Commencement

64. (1) This Act, except for sections 15 and 17, comes into force on the day it receives Royal Assent.

Same

(2) Sections 15 and 17 shall be deemed to have come into force on April 1, 1995.

Short title

65. The short title of this Act is the Red Tape Reduction Act (Ministry of Natural Resources), 1997.