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Dear Ontario Beagle Field Trial Clubs,
In November, we were invited by the Ministry of Natural Resources and Forestry (MNRF) to participate in a stakeholder information session regarding the Ontario train and trial areas. Greg Steeves, our Ontario North Beagle Field Trial Council representative, was once again pleased to represent CKC for an overview of the application process for new train and trial areas and license transfers. We truly appreciate Greg’s ongoing support in representing the interests of CKC members. The information session also included operational aspects such as processing applications for new areas, transfers, processing annual applications, and the license issuance process.
Several important questions were raised at the information session by stakeholders and the Ministry has provided responses below for your review.
Scenario 1:
New applicant submits a complete application package within the 90-day application period. MNRF reviews application and moves to Stage 2 (conditional approval, pending completion of site requirements and site visit). The applicant is unable to finish building the fence within 3 years of submission of application – potentially due to circumstances outside their control (e.g., extreme weather event). Will MNRF extend the 3-year timeframe to allow the client to complete fencing requirements and issue a license?
Response 1:
No, the MNRF will not extend the 3 year-timeframe under any circumstance. Preliminary meetings with stakeholders indicated that applicants would need 1-3 years to construct their new areas. Amendments to the Fish and Wildlife Conservation Act, 1997 (FWCA) were made in 2023 that signaled the intent to open a window for applications for new train and trial areas in 2024. Given that these changes were made well in advance of the opening of the application period in 2024, the 3-year timeframe is considered sufficient time to construct a new area.
Scenario 2:
New applicant submits a complete application package within the 90-day application period. MNRF reviews the application and moves to Stage 2 (conditional approval, pending completion of site requirements and site visit). The applicant is unable to finish building fence within 3 years of submission of application – potentially due to circumstances outside their control (e.g., extreme weather event), so the applicant requests to amend their original application to enclose a smaller area (200 acres instead of 400 acres approved in Stage 1). Will MNRF accept an application amendment within the 3-year period to allow the applicant to become licensed? If the answer is yes, will MNRF accept additional (future) license amendment applications to make the enclosure bigger (e.g., originally proposed 400 acres)?
Response 2:
The applicant in encouraged to only apply for a train and trial area that they feel they are prepared to construct within the 3-year timeline. The MNRF will not extend the 3 year-timeframe under any circumstance. Applicants may revise their application within the 3-year timeframe, however, that does not re-start the 3-year construction requirement. Once licensed, applicants may go through a licence amendment process if they are interested in changing the size of their facility.
Changes to licences during the period in which the licence is valid will be addressed through a licence amendment in accordance with section 62.1 of the FWCA. Alternatively, changes may be implemented through an annual licence application for the new calendar year if applicants discuss with the ministry prior to submitting.
Scenario 3:
A new development (e.g., housing) is built adjacent to existing train and trial facility, resulting in a conflict/issues with the facility. Is there any opportunity to move the facility to a new location that is more remote/compatible with dog train and trial activities?
Response 3:
No. The establishment of a Train and Trial Area on any new property constitutes a “new” area. Licenses for new Train and Trial Areas may only be issued where the application was submitted during the one-time 90-day application period (October 1, 2024 – December 29, 2024).
The property included on the application form during the one-time 90-day application period must be the property that is licenced in the future (e.g., there is no option to geographically relocate a Train and Trial area but transfers of ownership of existing Areas would be an option).
Scenario 4:
The applicant currently owns a 100-acre farm on the edge of town limits. They want to apply for a dog train and trial facility on their current property but know there would be noise complaints. The applicant wants to sell their existing property and buy a new, more remote property to become licensed to operate a dog train and trial facility. The applicant believes there is not enough time within the 90-day application window to sell and purchase new land. The applicant is also concerned about being able to take possession of the new property and complete fencing within 3-year timeframe. The applicant requests to fill out an application form proposing a future area to be owned and fenced for a facility. If they get the application form submitted before December 29, but do not own property where the facility would be housed, would MRNF accept that application? If there is a purchase offer but it hasn’t closed, would MRNF accept that as proof of ownership? If there is a purchase offer and it has closed but the client doesn’t have possession yet, would we accept that as proof of ownership?
Response 4:
A “placeholder” application without a specific property identified would not be considered by the ministry. If an applicant cannot show proof of property ownership, they will not be deemed to be an eligible applicant, and their application will be denied. If an applicant has closed on a real estate offer, they may apply and submit proof of the purchase agreement. The MNRF will hold their application in stage 1 of the review process until the applicant can provide proof of property ownership (including having taken possession of the property).
Question:
Could you provide an approximate date when applicants can anticipate their application moving into Stage 2? We are already 45 days into the application period. Are we getting close to stage 2? Is there a way to use google maps to confirm cover without the need for a spring/summer site visit? Also, a lot of cover can be manufactured (e.g., corn growing in fields).
Answer:
MNRF staff reviews the Stage 1 application information to determine if regulatory and operating requirements are met and that the applicant has identified that there are no municipal land use restrictions. Where requirements are not met, the ministry will work with the applicant to discuss how the proposal could be modified to meet regulatory requirements. If/when the application is consistent with Stage 1 requirements (e.g., the area appears to meet the general regulatory requirements, and the applicant is free of serious convictions, etc.), the ministry will inform the applicant that, based on the materials provided, the application is consistent with the Stage 1 review requirements, and the application can move forward for consideration under Stage 2. A final decision on the license is not made until the completion of Stage 2, which includes completion of enclosure construction in accordance with proposed specifications and applicable regulatory requirements under the FWCA.
During stage 2, the site visit by the ministry will be in person and will be arranged at an agreed time with the applicant.
Question:
MNRF mentioned that when applicants submit our annual reports that we must submit a site map. Is that every year or just new sites?
Answer:
An up-to-date site map must be submitted annually as part of the Annual license Application/Annual Report submission. This is a new requirement for all Train and Trial licence holders, not just a requirement for new sites. The MNRF requires an up-to-date site map to ensure no material changes have been made to the site and to use as a reference should any further site visits be conducted.
Question:
For site visits, does it occur after the fence is up or before? It is a lot of money to put up a fence.
Answer:
Your application will describe the enclosure specifics for a proposed facility. MNRF approval is conditional on the site visit confirming the details in your approved application package. The site visit will occur after the fencing is installed.
Question:
What kind of information/proof is required to show that there are no conflicts with the municipality bylaws/rules?
Answer:
It is the applicants’ responsibility to ensure they follow local by-laws. Applicants must attest (checkbox) that they have done their due diligence regarding municipal bylaws/rules. MNRF does not require additional proof. The issuance License to own and Operate a Train and Trial Area does not relieve the applicant from their responsibilities for complying with any other applicable laws
Question:
I got an email from Natural Resources Information Portal (NRIP) saying my application has been updated and is under ministry review. What does that mean?
Answer:
Your application has been received by district staff and has been entered into our tracking system.
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