How do I sell a campground in Ontario?

This page covers Ontario only; if the campground is in another province, check the rules where it sits. Ontario puts several duties on whoever owns or operates a campground, and a buyer can ask you about each one. Some sit in public health law, some in the Building Code, some in tenancy law and some with the Technical Standards and Safety Authority (TSSA). Sorting out which apply to your property, and who holds the paperwork, is work you can finish before a buyer asks. For the national picture of preparing a park for sale, see selling a campground and RV park in Canada.

Find out whether your water supply is a small drinking water system

Ontario Regulation 319/08, made under the Health Protection and Promotion Act, sets the rules for small drinking water systems. Section 1 of the regulation specifies which systems count, and its paragraphs treat a campground with more than the number of service connections the regulation sets differently depending on whether the system operates to supply water to it for at least 60 consecutive days in every calendar year (or every April-to-March period). Subsection 1(2) adds a rule, for systems under paragraphs 1 and 2, about systems that cannot supply water above a stated flow rate: such a system counts only if it serves a public facility. Because these tests interact, do not rely on a rule of thumb. Read section 1 in full and ask your local health unit whether your system is covered.

Know what the regulation asks of an owner, and who counts as one

If the regulation applies, section 6 requires the owner to designate an operator and to notify the medical officer of health of the operator’s name and address, and of any change. The regulation defines “owner” to include every person who is a legal or beneficial owner of all or part of the system, with an exception for the Ontario Clean Water Agency. The Health Protection and Promotion Act defines an “operator” as a person with responsibility for and control over an activity at the small drinking water system. Before listing, work out who holds the notices and records, since that may not be the same person as the registered owner of the land.

Check what follows the system to the next owner

Under section 7 of the regulation, after an initial risk assessment, a public health inspector issues the owner a written directive setting the requirements for that system, and subsection 7(7) says a directive applies to any subsequent owner or operator. A buyer therefore takes on a directive already in force. Gather any directives, written permissions and correspondence with the health unit, so you can show a buyer exactly what applies. The regulation also covers seasonal restarts: under subsection 5(6), every owner and operator who intends to supply water after a period of more than 60 days without supplying it must ensure a water sample is taken and tested for E. coli and total coliforms and the medical officer of health is notified in writing, and no water may be supplied to a user until the medical officer of health is notified.

Sewage systems and park models fall under the Building Code

Ontario’s Building Code, O. Reg. 332/12, defines a campground as land or premises used as an overnight camping facility that is not a recreational camp. Part 8 of Division B applies to the design, construction, operation and maintenance of all sewage systems, subject to Article 1.1.2.6. Section 9.38 deals with park model trailers: a manufactured building built to the CAN/CSA-Z241 Series and used as a seasonal recreational building of residential occupancy is deemed to comply with the Code, except as provided in Subsection 9.38.3. If your park has park models, collect their documentation and check how each is classified.

Seasonal stays and the Residential Tenancies Act

Section 5(a) of the Residential Tenancies Act, 2006 says the Act does not apply to living accommodation intended for the travelling or vacationing public, or occupied for a seasonal or temporary period, in a campground or trailer park. Subsection 5(6) adds that nothing in section 5 exempts accommodation subject to a tenancy to which the Act applies, unless that tenancy has first been terminated in accordance with the Act. Before you describe your seasonal sites to a buyer, check each long-term occupant’s arrangement against both provisions.

TSSA licences when ownership changes

If the park runs equipment licensed by the TSSA, such as a fuel facility, ask the TSSA what your facility needs. Its change of ownership page says regulated operators can transfer ownership of a licensed facility to an entity, corporation or individual, that licences are not transferable, and that the onus to apply for a new licence falls on the new owner. It also says owners of multiple devices must submit all applicable change of ownership forms. Ask the TSSA which forms apply, and who files them, before closing.

• Whether the water supply is a small drinking water system, confirmed with the health unit
• Copies of any directives, written permissions and operator notices
• Documentation for every park model and for the sewage system
• Each seasonal occupant’s agreement, checked against section 5 of the Residential Tenancies Act
• The TSSA change of ownership forms that apply