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:
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.
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.
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.
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.
The following conditions apply to transferees.
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.
If the Ministry wishes to exercise its first right of refusal, the following steps will occur: