The Rural Voice, 1990-11, Page 31T
WORKING AROUND WATER?
What you should know!
Landowners planning to work in or around water in Ontario MUST FIRST
OBTAIN A WORK PERMIT from the Ministry of Natural Resources. Works
may include dredging, channelization, filling, diversions, shoreline beautification,
by-pass ponds, steam crossings, removing rocks, stumps, logs or aquatic plants
(weeds), building or reconstructing dams, docks, boathouses, retaining walls,
culverts or bridges.
A work permit is issued under the Public Lands Act, section 13 (a) and is usually for
a specific length of time. A work permit contains standard conditions. Specific site
conditions will be added if required. Breach of these conditions is an offence under
the Public Lands Act. A work permit is not a Corm of tenure. Application of the
work permit under the Lakes and Rivers Improvement Act to municipal drainage
work will generally apply when there are fisheries or significant wetlands concerns.
The work permit provides the approval to undertake any work within a water body
under the Lakes and Rivers Improvement Act. The requirements for location and
plan approval MUST be met.
The purpose of the work permit is to ensure that the projects being undertaken do
not adversely affect other landowners because of flooding or erosion as a result of
the projects. Any structures being installed must not only be structurally sound but
also must accomplish what they are intended to do from an engineering standpoint.
Installation of works lacking structural integrity could not only be costly should they
tail, but could also have potential negative impacts on other landowners in the
area.
The work permit also allows the Ministry to assert its control over the use of Crown
land as outlined in either the Beds of Navigable Waters Act or original patent to the
property itself.
FISH HABITAT
The completion of an application for a work permit also allows the Ministry of
Natural Resources to know if any work is being planned in areas of important fish
habitat. The Fisheries Act, section 35 (1) states:
"NO PERSON SHALL CARRY ON ANY WORK OR UNDERTAKING THAT RESULTS IN THE HARMFUL ALTERATION, DISRUPTION OR
DESTRUCTION OF FISH HABITAT."
Fish habitat means SPAWNING GROUNDS AND NURSERY, REARING, FOOD SUPPLY AND MIGRATION AREAS ON WHICH FISH DEPEND
DIRECTLY OR INDIRECTLY iN ORDER TO CARRY OUT THEIR LIFE PROCESSES.
The removal or alteration of any of these habitats reduces productivity and chance of survival of fish. The authority to permit destruction of habitat rests
with the federal Minister of Fisheries and Oceans. Destroying or ahering fish habitat is a federal offence and is subject to a fine up to $5,000 for the first
offence, $10,000 for subsequent offences and also a chance of imprisonment. In addition, the restoration and improvement of the damaged fish habitat
may also be required.
Fines up to $5,000 may result if landowners begin work without a work permit.
WHAT STEPS TO TAKE
1) Contact your local Ministry of Natural Resources district office, or apply in writing for a work permit application form.
2) fill out the application form and return it along with a detailed sketch showing (i) the size and shape of your shoreline property; (ii) where on your
property the work is to take place; (iii) the changes, including construction, you wish to make.
Sign and date both the application form and sketch.
3) Ministry of Natural Resources staff will review your application and may visit the site.
4) On approval, a work permit will be issued to you. 11 may have conditions on it and you may be required to get approval from other agencies such as a
Conservation Authority, Canadian Coast Guard, Ministry of the Environment, Department of Fisheries and Oceans or your local municipality. Ask Ministry
of Natural Resources staff what other agencies you must contact before you start your project.
YOU MUST HAVE A WORK PERMIT BEFORE STARTING YOUR PROJECT
IT'S THE LAW!
Ministry of
Natural
Ontario Resources
NOVEMBER 1990 27