Legislation and Authorizations Related to Algonquin Cottage Lots
There may be some confusion among cottagers as to what rules, laws and regulations must be followed on their cottage lot. This fact sheet will help cottagers understand what rules apply to them, and when they require authorization for certain activities.
Cottagers have the responsibility to understand and comply with all terms and conditions outlined in their occupational authority (i.e., their lease or license of occupation), as well as 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 should also understand that they may require authorizations or permissions for certain activities such as building or placing structures, cutting trees or other vegetation, making excavations, etc.
Aside from the rules in the lease or licence of occupation, the legislation that cottagers should be most familiar with is the Provincial Parks and Conservation Reserves Act (PPCRA). All portions of the PPCRA and its regulations apply to cottagers the same as they do to other park users except where cottagers are specifically exempt by the regulation (for example, the prohibition against having cans or bottles in the interior of Algonquin does not apply on the cottage lot). Further, cottagers should be aware that they may 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 the Ministry 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 starting work. The Cottage Lot team is there to assist you with any questions that you may have.
Please see specific examples of rules in the PPCRA that cottagers should be familiar with. This list is not exhaustive and cottagers may want to familiarize themselves with the act and its regulations, particularly Ontario Regulation 347/07 (General Provisions).
Table of Contents
- Provincial Parks and Conservation Reserves Act (PPCRA)
- Ontario Regulation 347/07 under the PPCRA
- Ontario Building Code Act and the OBC
- Rules in the Lease or License of Occupation
- Obtaining an Authorization
Provincial Parks and Conservation Reserves Act (PPCRA)
Most regulations that park users must follow are found in Ontario Regulation 347/07, however, cottagers should be aware that the requirement to obtain a work permit is found directly in the act itself. Section 22 of the PPCRA requires that any person who plans on constructing, expanding or placing any building, structure or thing; constructing a trail or road; clearing land or dredging or filling shore lands may only do so under the authority of a work permit, even when work is being done on lands held under a lease or license of occupation. This requirement extends to "placing a thing", including pre-fabricated structures such as sheds, hot tubs, sauna’s, etc.
See "Obtaining an Authorization" below for information on how to obtain an authorization from the Ministry for various activities under this section.
Ontario Regulation 347/07 under the PPCRA
Most regulations that all park users need to be familiar with are found in this regulation. The following are specific sections that are most relevant for cottagers.
Section 2(1). Damage to Crown Land. This section contains prohibitions against damaging or removing property of the Crown or any natural object or artifact without authorization of the Superintendent. This would include park owned structures, signs or other infrastructure as well as any natural objects.
Section 2(2). This section contains prohibitions for a number of activities that may impact plants, animals, artifacts, archaeological or historical sites or making excavations. A general prohibition for these activities is included unless otherwise authorized by the superintendent. For example, if a tree that overhangs a cottage or other structure is declining in health, and appears to be a hazard, the Superintendent may issue an authorization to cut that tree down. A written authorization must be obtained prior to removing the tree. Another example is for an excavation (digging). Authorization for any excavation (digging) work for new structures would be included in a work permit for that structure. For any other excavation that is required on the cottage lot, the cottager must obtain an authorization in advance of doing the work. The relocation of an existing outhouse is an example where authorization to make an excavation would be required.
See "Obtaining an Authorization" below for information on how to obtain an authorization from the Ministry for various activities under this section.
Section 3. Storing of Wildlife Attractants. When human food, garbage, bird seed or other potential food items are not properly stored, they may attract wildlife including bears or wolves. This often results in conflict between wildlife and park visitors including animals breaking into cottages, tents or campers, or even wildlife exhibiting aggressive behavior in order to obtain food from people. In many cases animals that have been habituated to human sources of food must be destroyed. For this reason, Section 3 prohibits all park users from improperly storing food or garbage or from having food or other attractants available to wildlife. This prohibition includes bird seed and humming bird feeders.
Section 4. Keeping Park Clean. This section is intended to ensure that all park visitors refrain from leaving any form of litter in the park. Litter can be items discarded anywhere in the park but could also include abandonment of items on a cottage lot if it is apparent that they are not being stored for later use. For example, can and bottle dumps or piles of old lumber that were removed from a structure and replaced if they are left to rot and not removed from the park. This same section has a prohibition against possession of cans or bottles (non-burnable food or beverage containers) in an interior camping zone in Algonquin. Cottage lots are specifically exempt from this part of the regulation, but cottagers should keep in mind that the exemption only applies to their cottage lot and the transportation of the cans or bottles directly to their cottage lot from the access point.
Section 5. Fire and Fireworks. This section prohibits all park users from possessing or using fireworks. Fireworks have been known to cause fires when used in forested areas, and thus to protect other park users and infrastructure, these are prohibited anywhere in the park. This section also prohibits anyone from starting a fire except in a fireplace provided by the superintendent or an area designated for that purpose. Cottagers are of course permitted to have a fire pit and have campfires on their cottage lot but should ensure that they are located on the cottage lot, in a properly constructed fire pit.
Section 6. Domestic and Other Animals. This section requires all park users to keep dogs or other domestic animals on a leash at all times. With respect to cottagers, it is reasonable to assume that a dog may be off leash on the cottage lot, but that the cottager must ensure that the animal does not leave the cottage lot without being on a leash. This section further requires that no person shall permit the animal to make excessive noise (incessant barking), disturb other persons, damage Crown property or vegetation, chase or harass wild animals or birds or injure, or attempt to injure a person or other domestic animal. These prohibitions may be enforced on cottage lots.
Section 7. Protection of Park Environment. This section prohibits any park visitor from bringing into the park or possessing within the park, any non-native plant, animal or other living thing. It further restricts anyone from bringing any object into the park that may carry or contain non-native plants or animals (including for example, seeds). This condition is also included in your occupational authority. This section is intended to protect the park from invasive species. Although many non-native species may not spread on their own and damage park values, it is often difficult to know which species may in fact become invasive in the park environment. Further, plants and soil from nurseries often include additional plants or seeds that are not apparent at the time of purchase, but become an issue later.
Section 9. Inappropriate Conduct. This section prohibits all park users from using any discriminatory, harassing, abusive or insulting language or gestures or from making excessive noise or disturbing other park users.
Section 23. Permits for Vehicles. This section requires all park users who bring a vehicle into the park, to have a permit for each and every vehicle. Even vehicles parked on the cottage lot must have and display a valid day use, seasonal or annual park permit.
If you will be leaving a vehicle at an access point over night and not directly on your cottage lot, or you need to travel on roads normally closed to the public, you also need a "Travel Authorization" which identifies your vehicle as belonging to a cottager. The day use, seasonal or annual pass does not normally permit your vehicle to remain in the park overnight or to travel on roads closed to the public, and thus the Travel Authorization ensures that you will not receive a ticket in these instances.
See "Obtaining an Authorization" below for information on how to obtain an authorization from the Ministry for various activities under this section.
Section 31. Power Boats. This section generally prohibits the use of motor boats in provincial parks unless otherwise permitted in the regulation. Within Algonquin Provincial Park, the regulation permits the use of motor boats on some lakes, particularly cottage lakes, with maximum horsepower limits. Exceptions to the horsepower limits apply in some instances for boats that are servicing cottage lots or moving large quantities of building materials. Contact the cottage lot program for more information.
The horsepower limits for cottage lakes are:
On Bonita, Cache, Canoe, Cedar, Kioshkokwi, Lake of Two Rivers, Little Cauchon, Rock, Smoke, Source, Tea and Whitefish Lakes the limit is 20 hp.
On Cauchon, Grand, Joe, Manitou, Little Joe, North Tea, Radiant and Rain the limit is 10 hp.
Section 33. Aircraft. This section prohibits anyone from landing an aircraft in Algonquin Provincial Park. This prohibition include the use of drones. For clarity, this means that no one may use a drone within Algonquin Provincial Park.
Section 36. Occupation of Land. This section prohibits anyone from occupying land in a provincial park without some form of occupational authority. Cottagers are permitted to have structure’s and keep personal items on their cottage lots, however, structures or items off lot would be seen as an occupation of park land and could be a contravention of the regulation.
Ontario Building Code Act and the OBC
Although the Ministry (Ontario Parks) staff do not enforce the building code, cottagers are still required to follow the code for the construction and maintenance of cottage lot structures and sewage systems. Because most of Algonquin Provincial Park is in area of unorganized townships, the building code enforces sewage systems and structural building differently. Sewage systems are managed by the "applicable authority" as defined within the act. Thus most cottage lots in the park are under the authority of the North Bay-Mattawa Conservation Authority. For cottages in Nightingale Township (including Rock Lake, the Madawaska River between Rock and Whitefish Lakes, the southern end of Whitefish Lake and Galeairy Lake) the applicable authority is the Township of Algonquin Highlands. Other than the building of an outhouse, the applicable sewage authority for your area must be contacted and a permit obtained for the building or repair of any sewage systems. Remember that a work permit from the Ministry is also required for all sewage systems including an outhouse. Please see the Sewage System Inspection fact sheet for more information.
For the construction or structural maintenance of cottage lot structures (e.g., cottages, sleep cabins, ancillary structures), there are no building inspectors responsible for conducting inspections under the building code for work within Algonquin and thus no "building permit" is required (a work permit from the Ministry is still required). Cottagers are, however, still required to follow the building code with respect to design and material requirements. Cottagers are encouraged to utilize the services of an architect, building designer and/or licensed carpenter to ensure that plans and materials will meet code. Ontario Parks may request that cottagers provide drawings prepared by a qualified individual when requesting a work permit to build new structures.
Rules in the Lease or License of Occupation
A number of rules have been added to the new lease and license of occupation that will be effective from January 1, 2018 to December 31, 2022. Cottagers should also note that a new clause has recently been added to Ontario Regulation 347/07 of the PPCRA. Section 37(2) requires cottagers to follow the terms of their lease or license of occupation. Failure to adhere to the terms of the lease could result in fines or a court summons.
Use of cottage lot as a principle residence:
Cottagers may not use the cottage lot as a principle place of residence or for year-round purposes. The cottage lots are intended for recreational use only.
Renting or subletting:
Cottagers may not rent or sublet their cottage to any other persons. This provision includes rental by the week, day or any other term in return for payment of any kind.
Selling or transferring:
The Ministry must consent to the transfer of a lease or license of occupation whether the transfer is to add or subtract one or more individuals, or where it involves the sale of the improvements and transfer of the occupational authority to a completely new holder. In addition, prior to any listing or advertising of the cottage lot improvements for sale, consent from the Ministry must be obtained.
Waste and garbage:
Cottagers are required to ensure that they keep the cottage lot free from any garbage, refuse or waste. Further the cottager will have to ensure that the following do not occur on the cottage lot:
the storage of waste of any kind except the temporary storage of non-hazardous household waste (including recyclables or organic waste) in a fully enclosed building, a bear-proof container or as otherwise authorized by the Ministry;
(b) the disposal of waste of any kind, including by composting; or
(c) the burning of waste of any kind.
Further, cottagers cannot cause or permit the disposal of waste in the Park, except at an organics, recycling or waste receptacle area designated by Ontario Parks. If the designated area does not accept a particular type of waste, the cottager must remove the waste from the park at their expense.
Safe storage and use of fuel and other hazardous materials:
Unless otherwise authorized, cottagers shall comply with the following requirements respecting the storage and use of fuel and other hazardous materials:
Cottagers shall not cause or permit the storage of:
- more than a combined total of 100 litres of gasoline and any mixture of substances containing gasoline;
(ii) more than a combined total of 200 litres of stove oil, heating oil or kerosene; or
(iii) more than eight propane cylinders containing a total maximum of 500 pounds of propane.
(b) the cottager shall not cause or permit the storage of hazardous materials, except:
in federally-approved containers for the material, if any; and
(ii) for hazardous materials other than propane, at least 15 metres from the water’s edge wherever it may lie from time to time or within a fully enclosed structure.
(c) the cottager shall not cause or permit fuel tanks of any machine, equipment or other thing to be filled within 15 metres of the water’s edge wherever it may lie from time to time, except in the following circumstances:
to fill the fuel tank of a boat that does not have a removable fuel tank; or
to fill the fuel tank of a water pump.
Requirements regarding plant species:
In order to protect the park from invasive plant species which may impact park ecosystems, cottagers are (as are all park users) prohibited from bringing into the park, or from possessing any plant (including seeds) unless the plant is native to the park and the plant has been sourced from a local grower. This includes all non-native plants including annuals, vegetables and plants in pots or planters. Cottagers should keep copies of sales receipts for any native plants that are purchased for planting on the cottage lot detailing species and quantities purchased.
Cottagers also have the obligation to continue to remove any non-native plants that appear or re-appear on their cottage lot.
Cottagers are permitted to maintain any existing lawn (turf or manicured grass) but may not plant any new grass or lawn or expand any grass or lawn.
Fertilizers and pesticides:
Cottagers may not use or possess fertilizers (including commercial fertilizers, compost or manure) or pesticides (herbicides, insecticides, rodenticides etc.).
Structures to mitigate impact on natural environment:
Cottagers must ensure that the exterior of all structures have a neutral earth-tone colour of grey, green or brown. Any structures that did not meet this condition as of January 1, 2018, would have to be changed to one of these colours the next time the structure is painted, sided, shingled etc. Cottagers must obtain permission from the Ministry prior to changing the outside of any structure including painting, siding, windows, shingles etc.
Pressure treated materials:
Cottagers may not use pressure treated lumber or other building materials for the construction or maintenance of cottage lot structures or water units unless authorized by the Ministry. The Park Management Plan (as amended) identifies instances when pressure treated materials may be authorized.
Changing the use of existing structures:
Unless authorized by the Ministry, cottagers may not convert or change the use of:
a Sleep Cabin to a Cottage;
(b) an Ancillary Structure to a Sleep Cabin or Cottage; or
(c) a Sleep Cabin or Cottage to an Ancillary Structure.
Camper vehicles:
Campers or other camper type vehicles are not permitted on the cottage lot.
Discovery of cultural heritage values:
If at any time, any relics, artifacts, or other types of archaeological values are found on the cottage lot, cottagers must contact the Ministry. The artefacts must be left in place and any activities that may disturb the artefacts must be stopped until such time as you receive direction from the Ministry.
Obtaining an Authorization
Travel authorization:
To obtain a travel authorization, contact Jane Winters at jane.winters@ontario.ca. When you are applying, provide the following information:
Lease number and name of leaseholder
Name of vehicle owner
License plate number
Description of vehicle (make/model/colour)
Address to mail the authorization to.
If you need to travel on roads normally closed to the public, also indicate which roads you need to travel on in order to access your cottage lot. Please provide ample lead time for the authorization. Requests less than a week from required date may not be processed on time. As the authorization is good for the calendar year, you can apply during the winter.
Authorization to cut a hazard tree:
The Ministry may issue an authorization under section 2(2)(b) of Ontario Regulation 347/07 in order for a cottager to cut down a tree or other vegetation that is threatening a structure or is a hazard to personal safety on the cottage lot. To obtain the permit, email the cottage lot program at algonquin.cottages@ontario.ca and fully outline the concern and the location of the tree or trees. A staff member will likely come to the cottage lot to evaluate the tree or trees and ensure that they need to be cut. It is best to flag the trees in some way so that staff can evaluate them in case you are not there when they visit. If the Ministry agrees that the tree should be cut, then you will receive an authorization by email and/or regular mail.
Excavation:
If you need to make an excavation on your cottage lot (any digging activities beyond very shallow soil disturbance such as pulling of non-native plant species, planting of native species, etc.), you will require an authorization under section 2(2)(e) of Ontario Regulation 347/07. If the excavation is being done as part of a larger project that requires a work permit (e.g., footings for a new structure) then indicate in the application for the work permit that you will be needing to excavate. If the excavation would not otherwise require a work permit, send an email to algonquin.cottages@ontario.ca and explain the project and why you need to make the excavation (relocating an outhouse for example). A Ministry staff person may visit your lot to evaluate the request and ensure that work is being done within the cottage lot boundary and is necessary. Be sure to provide sufficient information that the staff member could evaluate the work in your absence, or indicate dates that you could be available for a site visit.
Depending on the extent of excavation that you are wanting to do, the Ministry may require addition archaeological investigations to ensure that archaeological resources will not be impacted.
Work permit:
A work permit is required in order to construct, expand or place any building, structure or thing; construct a trail or road, clear land, dredge or fill shore lands. To apply for a work permit see the Applying for a Work Permit factsheet. Ministry staff will contact you for additional information and will likely arrange a time for a site visit.
Be aware that any activities related to work permits are regulated by the terms, limits and conditions related to cottage lot structures as found in the Algonquin Provincial Park Management Plan (as amended), and specifically Appendix A. Depending on the nature and extent of the work requested, review times can be significant. Please be sure to approach the Ministry well in advance of when you would like to initiate the work. Applying during the winter months is a good time to initiate the application.
Applications for work related to a new or replacement sewage systems may also need approval under the applicable sewage authority (please see the Sewage System Inspection fact sheet in the toolkit for more information). The Ministry will not approve a work permit for sewage system work until any required permits from the sewage authority is approved.