Natural Resources Regulatory and Permit Reform Initiative: Proposing changes to the Renewable Energy on Crown Land policy

The Public Lands Act (PLA) provides us with broad authority to plan, manage, authorize occupations or dispose of interests in public lands. The public lands managed by the Ministry of Natural Resources (MNR) do not include provincial parks and conservation reserves or federally managed lands.

Authorization is required for individuals or businesses to occupy public lands. Usually, this is in the form of a land use permit, licence of occupation, lease or easement. The Renewable Energy on Crown Land (RECL) policy was developed in 2014 to explain the considerations reviewed when proponents apply to locate a proposed renewable energy (onshore wind, solar or waterpower) project on public lands, which are referred to as Crown land in the policy. This policy framework is considered in tandem with other applicable Public Lands Act policies and procedures by the decision maker considering an application for public lands.

Wind and solar contribute approximately nine per cent and two per cent of overall generation, respectively — however their role is expected to grow over time. Starting in 2025, nearly 3,000 MW of energy storage will be added to the grid enabling intermittent renewables to play a more reliable and integrated role. That growth is being driven by economics: Ontario is advancing competitive energy procurement that prioritizes affordability, system reliability and value for ratepayers.

To support the provincial integrated energy plan, Energy for Generations, current and future energy procurement processes, and to enable more efficient approvals for energy projects proposed to be sited on public lands, we are proposing some changes to the RECL policy and to the application requirements for renewable energy projects by replacing the renewable energy project approval and permit requirements (commonly referred to as the Approvals and Permitting Requirements Document or APRD) with clearer procedural guidance. These changes will clarify information requirements and processes for renewable energy projects on public lands. 

Current RECL policy:

Since its launch in 2014, the RECL policy has operated within a landscape of evolving priorities and considerations related to public lands management. This policy outlines key considerations for obtaining occupational authority and other permissions for activities on public lands in support of renewable energy development proposals. These include:

• Alignment with Provincial Energy Plans: Occupational authority for public lands must align with broader provincial energy plans and procurement processes led by the Ontario Independent Electricity System Operator (IESO), or meet specific project criteria as defined in the policy;
• Integrated Land Use Framework: Emphasis is placed on proactive public land use policies and consistency with existing land use plans such as Community Based Land Use Plans under the Far North Act, 2010 or land use policies to ensure a balanced and sustainable approach to public lands management;
• Support for Indigenous Economic Participation: The policy promotes economic benefits for Indigenous communities from renewable energy projects on public lands, including specific opportunities in the Far North. It also reflects long-standing commitments related to waterpower development in the Moose River Basin and Northern Rivers watersheds.

Proposed Changes:

To ensure continued relevance and alignment with the integrated energy plan, Energy for Generations, current and future energy procurements and the broader PLA policy framework, the RECL policy is proposed to be updated.  

Key changes include:

• Application Clarity: The proposed new policy (see Supporting materials) would provide that if a contract is awarded to an applicant that applied to use public lands, then those lands would not be available for other renewable energy projects. The Minister would only consider applications for compatible activities on the same public lands when those lands are subject to a valid contract for energy procurement between a renewable energy proponent and the Independent Electricity System Operator.
• The Crown Land Site Report, as part of the bid submission to the Independent Electricity System Operator, would be considered an application with priority to the surface rights over any subsequent mining claim registered for the same lands.
• Commitments to Indigenous communities:
• Continues the commitment to co-planning of waterpower projects within the Moose River Basin.
• Reinforces the encouragement of economic benefits for Indigenous communities through renewable energy proposals for public lands.

• We are proposing changes to the policy regarding proposed new waterpower sites on public lands south of the Far North Act boundaries, within the Northern Rivers, and in the Moose River Basin north of Highway 11. We are maintaining support for economic benefits to communities within the tertiary watershed while relying more heavily on the provincial energy procurement incentives for local Indigenous participation in energy projects to achieve those economic benefits.

  We welcome hearing directly from Indigenous communities to help refine the proposed policy commitments in section 5.2 of the proposed amended policy. 

Current Application Requirements:

Application requirements for renewable energy projects are set out on an Ontario.ca webpage entitled: “Renewable energy project approval and permit requirements”. This webpage has historically been referred to as the Approvals and Permitting Requirements Document (APRD) so this term is used in this notice. 

The renewable energy APRD was developed in 2011 after the passing of the now repealed Green Energy Act. It includes requirements for authorizing activities on public lands across various project phases – from early testing to construction and operation. These requirements are scalable based on the nature and potential impact of the activities and extend beyond approvals under the PLA. 

However, the APRD is now outdated. It no longer reflects current approval processes across ministries and has become duplicative of requirements under Ontario Regulation 359/09, Renewable Energy Approvals under Part V.0.1 of the Environmental Protection Act, administered by the Ministry of the Environment, Conservation and Parks. Industry proponents have described the APRD as confusing, burdensome, and misaligned with today’s regulatory environment.

Proposal: Replace the APRD with New Procedural Guidance

To streamline and modernize the approvals process, the ministry is proposing to replace the APRD with procedural guidance that:

• Aligns with current permitting and approval requirements,
• Supports coordination with Ontario’s energy procurement processes,
• Reduces duplication and improves clarity for proponents.

Key Features of the New Procedural Guidance

• A clear outline of process steps for developing renewable energy projects on public lands,
• Identification of applicable MNR permits and authorizations, along with associated information requirements at each project stage,
• Best practices and recommendations to help proponents coordinate and consolidate cross-ministry approval requirements. 

Wherever possible, proponents will be directed to existing support documents and tools under the PLA and other relevant statutes and regulations.

Environmental Implications

The proposed changes are intended to provide clarity to businesses when proposing renewable energy projects and to relieve administrative burden. None of the proposed changes would override other environmental regulatory requirements or approvals at the municipal, provincial or federal levels. No negative impacts to the environment are expected to result from these changes.

Regulatory impact analysis

In developing these changes, we have considered any potential risks to natural resources, public health and safety, economic values, and society, to propose alternatives to the ways in which approvals are currently issued that would continue to protect and sustainably manage natural resources. Based on these considerations, we have determined that:

•  No negative impacts to the environment are expected to result from these proposed changes.
• The anticipated social consequences of the proposal are minimal.
• The anticipated economic consequences of the proposal are likely positive. The proposed changes would reduce the administrative burden and clarify requirements and processes for businesses seeking to engage in energy projects on public lands and provide greater business certainty.