ISBN 978-1-4606-8702-4
Final October 2016
Ministry of Natural Resources and Forestry
Table of Contents
2.0 Compliance with all Authorizations and Laws
3.0 Cottage Lot Occupational Authority
4.0 Eligibility Requirements for 2038 Occupational Authority
4.2 Existing Cottage Lot Structures
4.2.1 Existing Cottages and Sleep Cabins
4.2.2 Existing Ancillary Structures
4.4 Removal of Invasive and Other Non-native Species
4.5 Shoreline Naturalization / Restoration
4.8 Submission of Application Package for 2038 Occupational Authority
5.0 Use and Occupation of Cottage Lots to 2038
5.1 Rents, Service Fees, Taxes and Other Debts
5.1.3 Taxes and Payments in Lieu of Taxes (PILTS)
5.2 New Cottage Lot Structures and Expansions or Replacements of Existing Cottage Lot Structures
5.4 Planting of Native Species
5.5 Invasive and Other Non-native Species
5.7 Fertilizers and Pesticides
5.8 Safe Storage and Use of Fuel and Hazardous Materials
5.10 Indigenous and Cultural Values
5.12 Transferring Cottage Lot Occupational Authority
5.13 Commercial Use of the Cottage Lots (e.g., Renting and Subletting)
As of the date of this policy, Algonquin Provincial Park (Algonquin) cottagers may be provided an opportunity to extend their term of occupation for their private, non-commercial cottage lots from December 31, 2017 to December 31, 2038 (i.e., an additional 21 years), subject to eligibility requirements, policies, limits and conditions, including new rents and service fees.
This document sets out the policy direction of the Ministry of Natural Resources and Forestry (MNRF) for the occupation and use of these cottage lots for the period of January 1, 2018 to December 31, 2038. It also identifies the eligibility requirements (section 4.0) that cottagers must meet to qualify for occupational authority that would allow them to continue to occupy and use the cottage lot to December 31, 2038.
Further details to support the implementation of these policies and eligibility requirements will be provided in the Algonquin Provincial Park Management Plan[1].
The policy direction in this document replaces previous policy direction related to the Algonquin cottage lots in the Ontario Provincial Parks: Planning and Management Policies (1992).
This policy does not enable additional private, non-commercial cottage lots to be allocated in Algonquin.
The following principles have guided the development of this policy and will continue to guide its implementation for the duration of the 21-year term (2018 to 2038):
Cottage lot occupants have the responsibility to understand and comply with all terms and conditions of their cottage lot occupational authority, other authorizations or permissions issued in relation to cottage structures and activities and all applicable laws, including, but not limited to, the Provincial Parks and Conservation Reserves Act, 2006 (PPCRA), Endangered Species Act, 2007 (ESA), Invasive Species Act, 2015 (ISA), Fisheries Act, Pesticides Act and Building Code Act, 1992 (BCA).
Cottagers require additional permissions, approvals or authorizations prior to carrying out certain activities in Algonquin, including on the cottage lots. It is each cottager’s responsibility to acquire all necessary permissions, approvals, and authorizations prior to carrying out activities. As such, cottagers are encouraged to contact MNRF and any other approval agencies early when planning or designing a proposed activity, to ensure they have obtained all necessary permissions and authorizations prior to carrying out the activity.
Existing Algonquin cottagers may be granted occupational authority to extend their term of occupation for their cottage lots to December 31, 2038, subject to eligibility requirements, policies, limits and conditions, including new rents and service fees. Such occupational authority would be granted in two steps:
Step 1: Occupational authority for the period of January 1, 2018 up to December 31, 2022 (2022 occupational authority)
Step 2: Occupational authority to December 31, 2038 (2038 occupational authority)
Step 1 (2022 Occupational Authority)
Existing occupational authority for the cottage lots (2017 occupational authority) expires on December 31, 2017. As such, cottagers may be offered occupational authority that would allow them to continue to occupy the lots from January 1, 2018 up to December 31, 2022 (2022 occupational authority).
To be eligible for 2022 occupational authority, cottagers must submit a complete application package to MNRF no later than March 31, 2017 and must not be in arrears respecting payments or debts of any kind owing to the Crown respecting the cottage lot.
Step 1 allows for sufficient time for cottagers to plan for, finance and implement all eligibility requirements respecting the 2038 occupational authority (section 4.0), and for MNRF to audit each cottage lot to confirm that all such eligibility requirements have been met.
Cottagers who do not qualify for or do not accept the one-time offer for the 2022 occupational authority offer would not be provided a subsequent opportunity to obtain the 2022 occupational authority. In such cases, the cottagers must continue to comply with the terms and conditions of their 2017 occupational authority, including the requirement to vacate the lot.
Step 2 (2038 Occupational Authority)
Cottagers who accept the 2022 occupational authority and meet all eligibility requirements (section 4.0), as confirmed by MNRF, may be offered 2038 occupational authority that would allow them to continue to occupy and use the cottage lot until December 31, 2038.
To be eligible for 2038 occupational authority, cottagers must submit a complete application package to MNRF no later than December 31, 2019. As part of the application package, cottagers will be required to submit appropriate documentation, as determined by MNRF, demonstrating that all eligibility requirements have been met. MNRF will subsequently audit each cottage lot to confirm that all eligibility requirements have been met. Where MNRF determines that a cottager has not met all the eligibility requirements, the cottager will have until December 31, 2020 to fulfil any outstanding eligibility requirements.
Cottagers who are issued the 2022 occupational authority but do not meet all of the eligibility requirements for the 2038 occupational authority, or who do not accept the one-time offer of the 2038 occupational authority, will not be provided a subsequent opportunity to obtain the 2038 occupational authority. In such cases, the cottagers must comply with the terms and conditions of their 2022 occupational authority, including the requirement to vacate the cottage lot.
As described in section 3.0, cottagers must meet all eligibility requirements described in sections 4.1 to 4.8 to be eligible for the 2038 cottage lot occupational authority.
Cottagers are responsible for all costs associated with meeting the eligibility requirements.
The implementation of these eligibility requirements will be further guided by the Algonquin Provincial Park Management Plan, the terms and conditions of the cottage lot occupational authority and all applicable laws.
To provide the Crown and cottagers with certainty on the location of the boundary for each cottage lot and allow for a clear lot description, cottagers are required to have a Plan of Survey (i.e., property survey) for the cottage lot prepared by a licensed Ontario Land Surveyor. The Plan of Survey must be prepared in accordance with the Instructions Governing Ontario Crown Land Surveys and Plans (November 1, 2010) and the cottage lot specific instructions that will be issued by the Office of the Surveyor General after October 2016. The resulting Plan of Survey must be approved by the Office of the Surveyor General and subsequently deposited in the Land Registry Office.
The Plan of Survey will establish the location of the boundary for each cottage lot and clearly identify the location of existing cottage lot structures in relation to the boundary. The Plan of Survey will be used to ensure that cottages, sleep cabins and ancillary structures are situated on the cottage lots.
In the context of the Algonquin cottage lots, on-land cottage lot structures are grouped into three categories: cottages, sleep cabins and ancillary. Sewage systems are addressed separately from cottage lot structures in this policy. On-water structures associated with the cottage lots including, but not limited to, docks and on-water boathouses will be addressed outside of this policy.
While regulated lands (above and below the water) in Algonquin Provincial Park, including land associated with the cottage lots, are owned by the Crown, improvements (e.g., cottage lot structures and sewage systems) are privately owned by the cottagers.
On-lot[2] Cottages and Sleep Cabins
Cottagers may keep all existing on-lot cottages and sleep cabins unless:
Cottagers must restore lands where any removed cottages and sleep cabins had been located to a safe and clean condition satisfactory to MNRF.
Off-lot4 Cottages and Sleep Cabins
Cottagers must remove all off-lot cottages and sleep cabins and restore the lands where the removed cottages and sleep cabins had been located to a safe and clean condition satisfactory to MNRF.
On-lot[4] Ancillary Structures
Cottagers must ensure that existing on-lot ancillary structures comply with applicable limits, conditions and standards in the Algonquin Provincial Park Management Plan (as may be amended from time to time). Where on-lot ancillary structures are not in compliance with the applicable limits, conditions and standards described in the management plan, cottagers must remove or adjust ancillary structures, as necessary.
Cottagers must restore the lands where any removed or adjusted ancillary structures had been located to a safe and clean condition satisfactory to MNRF.
Off-lot4 Ancillary Structures
Off-lot ancillary structures must be removed, or relocated onto the cottage lot in accordance with applicable limits, conditions and standards in the Algonquin Provincial Park Management Plan (as may be amended from time to time). Off-lot ancillary structures that cannot be relocated onto the cottage lot in accordance with these limits, conditions and standards must be removed.
Cottagers must restore the lands where any removed or relocated ancillary structures had been located to a safe and clean condition satisfactory to MNRF.
All on-lot4 sewage systems within 15 metres of the water’s edge (at spring water levels) and all off-lot sewage systems must be removed, or relocated in accordance with applicable limits, conditions and standards in the Algonquin Provincial Park Management Plan (as may be amended from time to time). Sewage systems that cannot be relocated in accordance with these limits, conditions and standards must be removed.
Cottagers must restore the lands where any removed or relocated sewage systems had been located to a safe and clean condition satisfactory to MNRF.
Sewage System Inspection and Remediation
All sewage systems that are not removed must be inspected by a qualified inspector, and any deficiencies remedied, between the date of this policy and December 31, 2019.
Cottagers must ensure that all non-native species (including invasive species) to Algonquin Provincial Park, as specified by MNRF, are removed from the cottage lot and disposed of in accordance with direction from MNRF.
Cottagers must naturalize and/or actively restore areas of disturbance (including vegetation removal) within the shoreline buffer of a cottage lot, in accordance with the direction provided by MNRF, where the existing shoreline disturbance:
Cottagers must remove all waste on and adjacent to the lot and dispose of the waste in accordance with section 5.9. This includes, but is not limited to, removing and disposing of construction / demolition materials, hazardous waste, large articles, dumps (e.g., discarded cans and bottles), discarded tires, appliances, boat motors, fuel containers, shingles, materials from the removal of existing cottage lot structures / sewage systems), etc.
Cottagers must not be in arrears of any required payments to the Crown respecting their cottage lot, including rents, service fees, taxes and debts (e.g., for payments-in-lieu of tax).
As described in section 3.0, cottagers must submit a complete application package for the 2038 occupational authority to MNRF no later than December 31, 2019. Application packages must include all required information, including appropriate documentation as determined by MNRF, demonstrating that all eligibility requirements have been met.
In reviewing each application package, MNRF will audit each cottage lot, including site inspections, to confirm that all eligibility requirements have been met prior to offering the 2038 occupational authority.
This section identifies policy direction regarding the occupation and use of the Algonquin cottage lots for the period of January 1, 2018 to December 31, 2038.
The implementation of these policies will be further guided by the Algonquin Provincial Park Management Plan, the terms and conditions of the cottage lot occupational authority and all applicable laws.
Cottagers are required to pay all applicable fees and charges, including rents, service fees, taxes and debts in respect of the cottage lots.
Rent payable by cottagers will provide a fair and reasonable rate of return to the Crown for the use and occupation of lands in a provincial park.
Increases from the rent amounts payable for the calendar year 2017 will be phased in over the four-year period of 2018 to 2021.
Rents will be kept current through practices such as indexation and periodic land appraisals (section 6.4).
Service fees payable by cottagers will be calculated to ensure full cost recovery of the annual direct costs that MNRF incurs for the administration, construction, operation, and maintenance of services provided to support the occupation of the cottage lot.
In addition to rents and service fees, cottagers will be required to pay the following:
New cottage lot structures, and expansions or replacements of existing cottage lot structures may be permitted where the new, replaced or expanded structure complies with applicable limits, conditions and standards described in the Algonquin Provincial Park Management Plan (as may be amended from time to time), the terms and conditions of the cottage lot occupational authority and all applicable laws.
Sewage System Inspections and Remediation
Cottagers must ensure that all sewage systems are inspected by a qualified inspector at least once every five years after the initial sewage inspection and remediation is completed (section 4.3).
Deficiencies identified during an inspection must be remediated within a reasonable time (depending on the nature of the remediation actions required), as determined by the inspector or applicable authority.
All sewage inspection reports must be submitted to MNRF within 30 days of the inspection. Suitable proof of remediation, as determined by MNRF, must be submitted to MNRF within 30 days of completing all remediation.
New Sewage Systems and Expansions or Replacements of Existing Sewage Systems
New sewage systems and expansions or replacements of existing sewage systems may be permitted where the new, replaced or expanded sewage system complies with applicable limits, conditions and standards in the Algonquin Provincial Park Management Plan (as may be amended from time to time), the terms and conditions of the cottage lot occupational authority and all applicable laws.
Plant species that are native to Algonquin Provincial Park, as determined by MNRF, may be planted on the lot, provided the plants are sourced from local suppliers and seed stock.
Species considered native to the park are those listed as native on the Checklist of the Vascular Plants of Algonquin Provincial Park or as otherwise identified by MNRF.
Cottagers are not permitted to:
Ongoing Removal of Non-native and Invasive Species
As noted in section 4.4, to be eligible for 2038 occupational authority, cottagers must ensure that all non-native species (including invasive species) to Algonquin Provincial Park, as specified by MNRF, are removed from the cottage lot. Consistent with this, cottagers must continue to ensure the ongoing removal of all species that are not native (including invasive species) to Algonquin, as specified by MNRF, which appear or re-appear on the lot throughout the period of January 1, 2018 to December 31, 2038.
Activities and structures that involve disturbance, including vegetation removal, within the shoreline buffer of a cottage lot may be permitted provided the cumulative (i.e., new and existing) disturbed shoreline areas do not exceed a total linear distance of 20 metres or 20 percent of the total lot frontage, whichever is less, and do not occur in more than two shoreline segments.
Cottagers are not permitted to use fertilizers at any time.
Cottagers are not permitted to use pesticides (e.g., herbicides and insecticides), unless authorized by MNRF (e.g., to remove certain invasive species, or where there are structural concerns (e.g., due to carpenter ants)).
Cottagers are not permitted to store at any time on the cottage lot more than 100 litres of gasoline (straight or mixed), 200 litres of stove oil, and eight propane cylinders (up to a total maximum of 500 pounds of propane), unless otherwise approved by MNRF.
With the exception of propane, cottagers must store all hazardous materials (e.g., gasoline, stove oil):
Cottagers must fuel engines (e.g., generators, boats, pumps) at least 15 metres from the water’s edge (at spring levels) with the exception of the following:
Non-hazardous household wastes (including recycling and organic waste) may be temporarily stored on the cottage lots, provided they are stored in wildlife-proof containers or in appropriate cottage lot structures (e.g., shed).
Cottagers are not permitted to deposit any waste on the cottage lot or anywhere else in Algonquin, with the following exception:
For clarity, cottagers:
The PPCRA and the Ontario Heritage Act provide for the consideration and protection of provincially significant cultural heritage and conserving provincial heritage properties, respectively. This cultural heritage mandate must be considered when making decisions that may affect cultural heritage values within provincial parks.
Subsection 2(2) of Ontario Regulation 347/07 under the PPCRA prohibits a person from, among other things, removing a relic or artifact from a provincial park or disturbing any site of archeological interest in a provincial park, except with written authorization of the park superintendent.
Where a cottager discovers relics, artifacts, archeological or other values on the cottage lot that have any potential Indigenous or cultural value, the cottager must immediately:
MNRF will work with cottagers to increase their awareness and appreciation of Indigenous and cultural values in Algonquin, including those that may be discovered on the cottage lots, and mechanisms to protect and conserve these values.
In addition, cultural heritage assessments (e.g., archaeological assessments), may be required where a cottager proposes to carry out an activity on a cottage lot that has the potential to involve significant ground disturbance and/or disturb, alter or damage a known or potential Indigenous or cultural value. MNRF may place conditions on authorizations provided to cottagers to avoid or reduce the likelihood of impacts on known or potential cultural values.
It is recognized that some cottagers may wish to transfer their privately owned improvements and their cottage lot occupational authority to another individual.
The Crown will retain the first right to purchase the remainder of the term of the cottage lot occupational authority, as well as any privately owned improvements, at market value (at the time of selling) minus 10 percent, which is deemed to be the cost of site rehabilitation. As such, cottagers must first contact MNRF to determine if the Crown wishes to exercise this right, prior to selling their improvements and seeking written consent from MNRF to transfer their occupational authority to another individual (section 5.12).
If the Crown provides written confirmation that it does not wish to exercise its right of first refusal (section 5.11), cottagers may submit an application to MNRF requesting consent to transfer their cottage lot occupational authority to another individual. Transfers to corporations and transfers to a trustee (except trustees appointed by law) will not be permitted.
MNRF will not consent to a transfer of cottage lot occupational authority where the existing holder of the occupational authority is not in compliance with the terms and conditions of the occupational authority, other authorizations or permissions granted in relation to the cottage lots or applicable laws.
Cottage lot occupational authority allows cottagers to use and occupy the cottage lots for private, non-commercial purposes only. Cottagers are not permitted at any time to sublet or otherwise authorize the use of the cottage lots in exchange for payment of any kind (e.g., short- or long-term cottage rentals).
Cottagers are not permitted to use the lot as their principal residence (e.g., for permanent or year-round occupation).
Upon expiry, surrender or cancellation of the cottage lot occupational authority, cottagers must, within the timeframe specified in the occupational authority, remove all improvements (e.g., cottage lot structures and sewage systems) associated with the lot and restore the lot to a safe and clean condition satisfactory to MNRF.
The eligibility requirements, policies, limits and conditions in this document, the direction in the Algonquin Provincial Park Management Plan and the terms and conditions of the cottage lot occupational authority are designed to reduce the pressures of cottage structures and activities on park values, while ensuring that rents reflect a fair and reasonable rate of return to the Crown and that service fees fully recover the costs for services provided by MNRF to support the use and occupation of the cottage lots. To support these objectives, MNRF will implement the activities listed in this section.
To support cottager compliance, MNRF will:
· Work with cottagers to help them understand the limits and conditions and responsibilities associated with their occupation and use of the cottage lots.
· Develop and implement a compliance monitoring strategy, including education and outreach opportunities for cottagers and regular inspections of the cottage lots.
MNRF will develop and distribute education and outreach materials (e.g., best management practices), as resources permit, to:
· Help cottagers understand the effects that cottage lot structures and activities can have on the ecological, Indigenous, cultural and recreational values within the park.
· Help cottagers understand the conditions, policies and laws with which they must comply at all times to help protect these values.
· Identify voluntary actions that cottagers can take to reduce negative effects on park values (e.g., installing insect and dark-sky friendly lighting, using phosphate-free soaps and detergents, using low emission boat motors, minimizing erosion).
· Identify other information resources available to cottagers.
MNRF intends to work with the Algonquins of Ontario (AOO) to develop materials and provide opportunities to raise cottagers’ awareness and appreciation of Indigenous values in the park, including Indigenous values (e.g., relics, artifacts) that may be discovered on or near the cottage lots, and mechanisms to protect and conserve these values.
MNRF will develop and implement a long-term research and monitoring program focussing on the more significant values (e.g., fish communities, populations, and habitat, water quality, shorelines) and pressures (e.g., invasive species, shoreline disturbance) associated with cottage lot structures and activities. This will help MNRF to:
· Monitor and evaluate the effectiveness of the eligibility requirements, policies, limits and conditions with which cottagers must comply in reducing the pressures on park values.
· Better understand the relative contribution of different user groups (e.g., private cottagers, commercial camps, youth lodges, backcountry campers) to the pressures on certain park values (e.g., water quality), and recommend actions to help reduce these pressures.
Implementation of the research and monitoring program may include involvement of cottagers, Indigenous communities and other partners.
MNRF will have land appraisals of the cottage lots completed periodically during the period of January 1, 2018 to December 31, 2038 to help ensure that rents provide a fair and reasonable rate of return to the Crown over time.
In this document:
2017 occupational authority An instrument such as a lease or licence of occupation that grants the holder the legal authority to occupy and use the lands described therein for private, non-commercial cottage-related purposes until December 31, 2017.
2022 occupational authority An instrument such as a lease or licence of occupation that grants the holder the legal authority to occupy and use the lands described therein for private, non-commercial cottage-related purposes from January 1, 2018 up to December 31, 2022.
2038 occupational authority An instrument such as a lease or licence of occupation that grants the holder the legal authority to occupy and use the lands described therein for private, non-commercial cottage-related purposes until December 31, 2038.
ancillary structure Any human-made structure on land and that is not a cottage, sleep cabin or sewage system. This may include, but is not limited to, sheds, on-land boathouses, tent platforms, pump houses, saunas, decks, gazebos, hot tubs, boat ramps/trolleys, etc. Ancillary structures shall not contain cooking, kitchen or bathroom facilities, sewage systems or water intakes, with some limited exceptions (e.g., outdoor showers, hot tubs) as determined by MNRF.
cottage A structure designed for private, non-commercial use, that typically contains sleeping facilities, cooking or other kitchen facilities, and may include bathroom facilities and other habitable rooms. A cottage shall not be used as a principal residence.
cottager(s) The holder of an instrument, such as a lease or licence of occupation that authorizes the occupation of lands in Algonquin for private, non-commercial cottage-related purposes.
cottage lot boundary The boundary of the cottage lot as established by the Plan of Survey (property survey) completed as an eligibility requirement (section 4.1).
cottage lot structure A cottage, a sleep cabin, or an ancillary structure; not a sewage system.
rent The annual payment by cottagers for the right to occupy and use the lands as described in occupational authority (e.g., lease, licence of occupation).
safe and clean condition Removing all structures, sewage systems, building/ demolition materials, hazardous waste, large articles, tires, appliances, shingles, etc. and disposing of the waste outside Algonquin through appropriate waste management programs / facilities.
sewage system The same meaning as in the Building Code Act, 1992; includes outhouses, grey water systems, holding tanks, composting toilets, and septic systems.
shoreline buffer The area of the cottage lot from the water’s edge (at spring water levels) to five metres inland, including all living and non-living components within the area.
shoreline disturbance Human-caused change to the landform or natural components within the shoreline buffer. This includes for example, the removal of vegetation (e.g., for viewing and/or access to the water), areas occupied by cottage lot structures (e.g., pump houses, sheds), pathways, the removal of soil, woody debris, large rocks/boulders, surface materials, dredging, filling, etc.
sleep cabin A structure that provides sleeping facilities only. Sleep cabins are typically supplemental to a cottage. Sleep cabins shall not contain cooking or other kitchen, bathroom facilities, sewage systems or water intakes.
[1] Concurrent with the release of this policy, MNRF is seeking comments on a proposed amendment to the Algonquin Provincial Park Management Plan to establish detailed limits, conditions and standards regarding cottage lot structures and sewage systems.
[2] On-lot and off-lot cottage lot structures and sewage systems are in reference to the cottage lot boundary as established by the property survey described in section 4.1.
[3] Based on MNRF records.
[4] On-lot and off-lot cottage lot structures and sewage systems are in reference to the cottage lot boundary as established by the property survey described in section 4.1.