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Algonquin Cottage Lot Transfer Fact Sheet


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Table of Contents

  • Introduction
  • 1.1 What Types of Occupational Authority Are Transferrable?
  • 1.2 When is Consent to Transfer Required
  • 1.3 If I Sell My Cottage Do I Have to Complete the Eligibility Requirements?
  • 2.0 Critical Dates and Requirements
  • 3.0 Applying for Consent to List
  • 3.1 Eligibility of Algonquin Cottage Lot Transferees
  • 3.2 What is the Transfer Process?
  • 3.3 What if My Lawyer Registers a Transfer Without Obtaining Prior Consent from the Ministry?
  • 4.0 First Right of Refusal Process

Introduction

The following information will help cottagers understand the process to transfer their cottage lot. Transfers may include the sale and transfer of the cottage lot to a completely new owner, or may include the addition or removal of one or more individuals from the occupational authority

All transfer requests will be reviewed by the Ministry and must be completed in accordance with:

  1. Algonquin Provincial Park Cottage Lot Policy (2018 to 2038)
  2. Transfer Policy and Procedure PL 2.05.01 and Policy 2.05.02 where applicable.
  3. Provincial Parks and Conservation Reserves Act and Regulations.

1.1 What Types of Occupational Authority Are Transferrable?

Cottage lots occupied under a license of occupation or a lease are transferrable.

Cottage lots occupied under a land use permit (LUP) are not transferrable. Cottagers who occupied their cottage lot under the authority of a LUP up to December 31, 2017 were offered a license of occupation to replace the LUP and allow transfers.

1.2 When is Consent to Transfer Required

  • When cottagers want to transfer their interest entirely from one holder, or a group of holders, to an entirely new holder, or group of holders (i.e., sell the cottage structures and transfer their lease or license of occupation).
  • When the existing holders want to remain, and want one or more new holders to be added.
  • When some of the holders want to remain, but one or more holders want to have their names removed.
  • When a holder has passed away and their name needs to be removed.
  • When a holder has passed away and their share needs to be transferred to a new holder as identified in their will.

The Ministry must issue consent prior to any of the above transfers/assignments taking place. The Ministry's Legal Services Branch must review and approve estate transfer applications and all mortgage applications.

1.3 If I Sell My Cottage Do I Have to Complete the Eligibility Requirements?

Whether you sell and transfer the cottage lot prior to or after January 1, 2018, you may also consider whether you wish to defer eligibility requirements to the new owner(s). If you were to sell your cottage immediately OR early in the 2018-2022 period, then you may be able to defer all eligibility requirements including the land survey to the new buyer so long as the buyer is fully aware of all eligibility requirements, and if in the Ministry's opinion, the new owner(s) would have sufficient time to complete all eligibility requirements. If you have more significant eligibility requirements (e.g., requirements to remove or relocate structures), or wait until later in the process, you may need to complete some or all of your eligibility requirements yourself and then sell the cottage lot. Ontario Parks staff can help you assess this.

2.0 Critical Dates and Requirements

  • Transfers must be finalized by no later than August 31, 2022. See Section 1.3 If I Sell My Cottage Do I Have to Complete the Eligibility Requirements?
  • Transfers not finalized by August 31, 2022 will not be processed until after the 2038 occupational authority instrument has been registered/finalized.
  • If you do not wish to apply for 2038 occupational authority, then you will be required to vacate your cottage lot in accordance with your existing occupational authority.

3.0 Applying for Consent to List

Contact the Cottage Lot Program Team at algonquin.cottages@ontario.ca, in writing and advise them of your intent to list your cottage and transfer the lease. Clearly indicate what cottage lot (APL#) is the subject of the request and how you intend to advertise.

3.1 Eligibility of Algonquin Cottage Lot Transferees

The following conditions apply to transferees. 

  • The transferee must not be a corporation.
  • Transferees, assignees, mortgagees and chargees must be eligible to hold title to Crown land and must be 18 years of age or older. This rule does not apply in the case of heirs under terms of a will.

3.2 What is the Transfer Process?

1. Contact the Cottage Lot Program Team at algonquin.cottages@ontario.ca, or call (705) 645-7436, and advise them of your intent to transfer and request instructions. Clearly indicate what cottage lot (APL#) is the subject of the request, whether you are adding or removing names from your current occupational authority OR if you are selling and wishing to transfer to an entirely new person or persons.

2. Cottage Lot Program Team sends instructions via email or post to the cottage contact person, or the lawyer who initiated the transfer inquiry, outlining the process and submission requirements, and identifying any arrears owing for the site. Note: all arrears must be paid before consent to transfer can be given.

3. The Ministry will determine if first right of refusal is being exercised for the site. (See First Right of Refusal Process).

4. Lawyer, Purchaser or Cottager submits required documents:

a. Draft transfer document “in preparation” from your solicitor;

b. A current copy of the parcel register, also referred to as PIN abstract or PIN printout.

c. Names, email and mailing addresses, telephone numbers and dates of birth for all who will be named on the transferred lease.

f. If applicable, documentation confirming that mortgages or charges have been discharged in full.

g. Payment of administrative fee in the amount of $200.00 + $26.00 HST, in the form of a cheque or money order, in Canadian funds, made payable to the Minister of Finance.

h. If the transfer is the result of the death of a lease holder the following is also required:

i. For joint tenants: consent is not mandatory but the Ministry requires a copy of the registered survivorship application and a copy of the amended parcel register.

ii.  For sole lessees or tenants in common: a copy of the death certificate, notarial copy of letters probate or letters of administration, and if applicable Dominion Succession Duty/Estate Tax Release and an assignment from the executor or administrator of the residue of the term of the lease or the part interest in such lease as the case may be.
Note: In the case of estate transfers for tenants in common or sole tenants there is an additional Ministry internal review prior to the consent agreement being prepared.

5. Cottage Lot Program Team prepares the Consent Agreement, which all current and proposed lease holders will be required to sign. Note that lease holders who are not transferring their interest (if applicable) will also be required to sign the Consent Agreement to indicate their consent.

6. Once fully executed by all current and proposed lease holders, the Consent Agreement must be returned by post or email to the Cottage Lot Team.

7.  The Ministry reviews the Consent Agreement and, if consent is approved, forwards the fully executed consent document to your solicitor with instructions to register the transfer on title.

8. Once executed, the Ministry consent is valid for sixty (60) days.  A copy of the registered assignment must be provided to the Ministry within 5 days of registration.

If the transfer does not occur within sixty (60) days and a copy of the registered transfer is not provided to the Ministry within the same sixty (60) days, the consent will be null and void and a new application for consent will be required, including payment of the consent fee.


3.3 What if My Lawyer Registers a Transfer Without Obtaining Prior Consent from the Ministry?

  • The Ministry may seek a court order to have the transfer nullified/invalidated
  • The Ministry may exercise its right to cancel the lease for failing to meet condition to obtain consent prior to the transfer.

4.0 First Right of Refusal Process

If the Ministry wishes to exercise its first right of refusal, the following steps will occur:

  1. The Ministry will advise the lease or license holders in writing of the intent to exercise first right of refusal and will request a copy of the agreement of purchase and sale agreement from the lease/license holder for consideration of market value.
  2. The Ministry will obtain an appraisal for further consideration and determination of the market value of the improvements (structures) and remaining leasehold interest.
  3. The Ministry will obtain approval for the acquisition and the associated funds.
  4. The Ministry will send a letter to the lease or license holder confirming that the acquisition was approved and the details associated with finalizing the transfer of the lot and associated improvements.