Exercise of percentage reservation for roads procedure

When public lands were granted to private ownership in northern Ontario, often a percentage of the land area was reserved to the Crown to facilitate road access and settlement of the province. This procedure details how and under what circumstances these reservations may be exercised by the Crown to facilitate road access across private land for ministry programs and to provide access to private property where no other option exists.

Subject: Exercise of Percentage Reservations for Roads Procedure (PL 3.01.01)
Compiled By: Crown Lands Section, Crown Forests and Lands Policy Branch
Date Issued: May 1, 2019
Replaces Directive: Exercise of Percentage Reservations for Roads Procedure (PL 3.01.01)
Date issued: July 11, 2014

1.0 Purpose

To provide procedural direction on the exercise of roads reservations by the Ministry of Natural Resources and Forestry (MNRF).

2.0 Procedure

2.1 Determine the status of the reservation

When considering the exercise of a percentage reservation for roads, whether for MNRF program purposes, for private land access, or to authorize the exercise of a reservation by a municipality that is not authorized to do so under the Municipal Act, the status of the reservation must be determined by completing the following steps: :

A complete title search must be undertaken to confirm a reservation was in fact made in letters patent (including percentage and actual area available for exercise);
Confirmation that the reservation has not been released, per Ontario Regulation 110/01 under the Public Lands Act. Crown Land Registry land files must be reviewed to determine if a release had been granted, but never registered in the appropriate Land Registry Office; and
Confirmation if there has been any prior exercise of the reservation and, if so, ensuring that there is still sufficient area remaining to allow for the current road request.

2.2 Exercise for MNRF Program Purposes^{footnote 1[1]}

Responsibility	Action
District	Ensure that options to facilitate access are fully explored and documented. Confirm MNRF program (e.g. forest management) requirement for access and location. Determine the status of the reservation by following 2.1 a-c. Contact the effected land owner(s) in writing to inform them of MNRF’s intention to exercise the reservation and consult with them with regards to the proposed road location. The land owner(s) should be given at least 30 days to respond to written correspondence. If MNRF and the land owner(s) arrive upon a mutually acceptable location for the road, the details of this agreement should be documented in writing. Consider notification of the local municipality, if applicable. Request the Minister’s approval to exercise the reservation. If Minister’s approval to proceed is received, submit a survey request to Crown Land Surveys. Provide a copy of the parcel register and parcel survey or sketch showing the proposed road location.
Crown Land Surveys	Contract a surveyor and provide survey instructions.
District	Review preliminary survey plan and forward to Crown Land Surveys.
Crown Land Surveys	Review and approve plan. Instruct surveyor to deposit plan at the land registry office and act upon deliverables of deposited plan per Ontario Crown Land Surveys instructions.
District	Upon receipt of the deposited plan, prepare a Requisition to Exercise Road Reservation in Letters Patent (refer to the Land Management Intranet site).
Crown Land Registry and Legal Services Branch	Crown Land Registry drafts the document for the exercise of the reservation, which is then reviewed by Legal Services Branch. Document is forwarded to the Minister’s office for execution based on prior approval.
District District continued	The documents are then sent for registration in the appropriate Land Registry Office by Crown Land Registry. Considers whether or not the land should be depatented. Document the road in the appropriate GIS layer(s).

2.3 Exercise for access to private land: Freehold (private) and Leasehold (provincial Crown) lands (Note: All costs including survey and MNRF administrative fee are the responsibility of the applicant)

Where requested by a private land owner who requires access and has demonstrated that no other option exists.

Responsibility	Action
District	Accepts application from adjacent land owner(s). Applicant determines the status of the reservation as per 2.1 a, and District assists as necessary for steps 2.1 b and 1c^{footnote 2[2]}). Requests proof from applicant that options to facilitate access have been fully explored and documented. MNRF reviews and confirms information and keeps on record. If no other legal access exists, with the applicant, contact the effected land owner to inform them in writing of MNRF’s intention to exercise the reservation and consult with them with regards to the proposed road location. The land owner(s) should be given at least 30 days to respond to written correspondence. If MNRF and the land owner(s) arrive upon a mutually acceptable location for the road, the details of this agreement should be documented in writing. Consider notification of the local municipality, if applicable. For leasehold lands, consider whether lands should be transferred to the local municipality, if applicable. Request the Minister’s approval to exercise the reservation. If Minister’s approval to proceed is received, request the administrative fee from the applicant. Upon the receipt of the administrative fee, instruct the applicant to contract the surveyor of their choice. Note: survey instructions are to be issued directly by Crown Land Surveys as the plan to be prepared has unique requirements.
Crown Land Surveys	Provides survey instructions to applicant’s surveyor, copy to District.
District	Review preliminary survey plan and forward to Crown Land Surveys
Crown Land Surveys	Review and approve plan. Instruct surveyor to act upon deliverables set out in Ontario Crown Land Survey instructions.
District	Upon receipt of the deposited plan, prepare a “Application to Exercise Road Reservation in Letters Patent” (refer to the Land Management Intranet site)
Crown Land Registry and Legal Services Branch	Crown Land Registry drafts the document exercising the reservation, which is then reviewed by Legal Services Branch before submitting to the Minister for signature. Document is forwarded to the Minister’s office for execution based upon prior approval. The documents are then sent for registration in the appropriate Land Registry Office by Crown Land Registry.
District	Issues work permit to applicant for road construction within surveyed right-of-way. Considers whether or not the land should be depatented. Document the road in the appropriate GIS layer(s).

2.4 Authorization for municipality (that is not a township) to exercise reservation

Where requested by the council of a municipality that is not empowered to exercise the reservation (see 2.1 c of the policy), MNRF will authorize the municipality to exercise the reservation under s. 65(3) PLA.

Responsibility	Action
District	Accept request from municipality and confirm that the municipality cannot exercise their reservation on their own. Ensure that options to facilitate access are fully explored and documented by the applicant and kept on record by MNRF. Applicant determines the status of the reservation as per 2.1 a, and District assists as necessary for steps 2.1 b and 2.1 c. Submit a request to Legal Services Branch to prepare an authorizing document for Minister’s approval. Request to include: name and mailing address of municipality, description of lands on which exercising of reservation is proposed, time frame authorization is to be in effect, and a copy of the patent(s) for the subject lands documentation of any previous exercise of the reservation and confirmation that the reservation has not been released.
Legal Services Branch	Prepare document and seek Minister’s approval. Forward authorizing document to municipality with a copy to the district.

Responsibility

Action

District

Accept request from municipality and confirm that the municipality cannot exercise their reservation on their own. Ensure that options to facilitate access are fully explored and documented by the applicant and kept on record by MNRF.
Applicant determines the status of the reservation as per 2.1 a, and District assists as necessary for steps 2.1 b and 2.1 c.
Submit a request to Legal Services Branch to prepare an authorizing document for Minister’s approval. Request to include:
- name and mailing address of municipality,
- description of lands on which exercising of reservation is proposed,
- time frame authorization is to be in effect, and
- a copy of the patent(s) for the subject lands documentation of any previous exercise of the reservation and confirmation that the reservation has not been released.

Legal Services Branch

Prepare document and seek Minister’s approval.
Forward authorizing document to municipality with a copy to the district.

In addition, staff should consider the application of the Class Environmental Assessment Resource Stewardship and Facility Development to the exercise of the reservation, as well as the Duty to Consult with Aboriginal people.

3.0 References

3.1 Legislative cross references

Public Lands Act
Municipal Act, Section 64(1)

3.2 Directive cross references

PL 3.01.01 Exercise of Percentage Reservation for Roads (POL)
PL 3.03.04 Public Lands Act Work Permits – Section 14 (POL)
PL 6.02.01 Crown Land Rental Policy (POL)

3.3 Case Law Cross References

Crown V Neilson, on appeal, Ontario Court of Justice (2018/12/10)

Updated: March 03, 2023

Published: May 06, 2019

Footnotes

footnote[1] Back to paragraph The costs (e.g. survey) may be the responsibility of the forest licence holder or others who will benefit from the exercise of the reservation.
footnote[2] Back to paragraph Crown Land Registry land files must be reviewed to determine if a release had been granted, but never registered in the appropriate Land Registry Office.