Changes to Streamline Natural Resource Permits: Proposed regulation under the Public Lands Act to allow for travel on closed roads on public lands

As part of its plan to protect Ontario and build the most competitive economy in the G7, the Ontario government is proposing changes to modernize and streamline natural resource permits, allowing mining and infrastructure projects to move forward faster and with greater certainty. These proposals, focused on low-risk and routine activities, would reduce administrative requirements for hundreds of natural resource permits annually and shorten approval timelines, all while continuing to safeguard public health and safety and sustainably manage natural resources.

The Ministry of Natural Resources (MNR) is responsible for managing the use of Ontario’s public lands (also called Crown lands) under the Public Lands Act and its regulations. The Public Lands Act provides MNR with broad authority to plan, manage, authorize occupations of or dispose of public lands. Public lands represent 77% of the total area of Ontario and include the beds of most navigable lakes and rivers. They do not include provincial parks and conservation reserves or federally managed lands.

There are over 300,000 kilometres of roads on public lands. Roads as defined under the Public Lands Act exclude roads managed by the Ministry of Transportation, municipalities or a local roads board.

Most roads on public lands are open to travel by the public, subject to specific closures under the Public Lands Act and other legislation. Closures under the Public Lands Act can help the MNR:

• protect the natural environment and resource conservation values;
• facilitate resource management operations (e.g., forest management);
• maintain remote wilderness values (e.g., to support the needs of the remote tourism industry); and/or
• protect public safety (e.g., where abandoned roads/trails are not safe for vehicle use).

Once a road is closed under the Public Lands Act, the public may not travel the road without a travel permit issued by a District Manager. Individuals may apply for a travel permit at any time for free.  For more information on roads in your area that are closed or to apply for a travel permit, please contact your local MNR work centre.

Proposed changes to allow travel on closed roads

To reduce permit requirements under the Public Lands Act and maintain consistency with situations where a travel permit would typically be issued, we are proposing regulatory amendments that would allow travel on closed roads for certain people in specific situations through a code of practice framework. This means that individuals would not need to apply for a travel permit as long as they follow the rules.

To enable the making of this regulation, amendments to the Public Lands Act are also proposed which would, if approved, allow for the making of regulations related to closed roads and travel permits (ERO# 026-0693).

We are proposing to allow travel on closed roads, without the need for a travel permit, for the following people in the following situations:

• Anyone who requires access to land that they lease or hold an easement over, or public lands that they have been authorized to use through a valid licence of occupation or land use permit   
• Anyone who requires access to private lands they own
• Anyone who requires access to operate a dam under a dam management agreement with the MNR
• Licensed trappers (head trapper and helper trapper) to access their registered trapline area 
• Commercial bait harvesters to access their bait management zone
• Sustainable Forest Licence holders and their employees to access their licenced area to conduct forest management
• Mining claim holders and their employees to access their registered mining claim area
• Anyone with a licence to collect fish for scientific purposes to access the waterbody specified in the licence
• Anyone with a Wildlife Scientific Collectors Authorization to access the location specified in the authorization
• Emergency services personnel, including fire, ambulance and police
• Individuals exercising Section 35 rights under the Constitution Act

The people and situations listed above include the most common travel permit requests that the MNR receives and approves today.

In addition, we are proposing to allow:

• guests or visitors of the individuals listed above to access closed roads if they are accompanied by that person; and
• anyone who is a guest of a commercial outpost camp, wilderness lodge or similar commercial outfitter where access is required to get to their accommodations.

Some additional rules we are proposing are the following:

• Travel on a closed road would only be permitted while the applicable licence/instrument/authorization is valid 
• Travel on closed roads would only be permitted if required to directly access the area associated with the licence/instrument/authorization. For example, a trapper would only be permitted to access the closed roads required to get to their registered trapline area. They would not be permitted to travel on any other closed road in the province without a permit.
• Those permitted to travel on closed roads would not be permitted to charge their guests a fee to travel on the closed road.
• Individuals must carry with them at all times proof of the licence/instrument/authorization under which access onto the closed road would be allowed. In addition, appropriate documentation must be displayed in any parked vehicle on a closed road. For example, an individual with private property would be required to carry a copy of their deed or a recent tax bill proving ownership of the land.
• Individuals travelling on a closed road must proceed directly to their destination. Stopping on a closed road would not be permitted unless it was an emergency.

To ensure the MNR maintains the ability to manage road access we are also proposing to include the ability for MNR to exclude certain closed roads from the framework outlined above. These exclusions could be implemented for any reason, including safety concerns. Exclusions would be communicated to the public through signs or on the Ontario.ca website. Individuals would still be able to apply for a travel permit to use these excluded roads.

The proposed framework would only apply to roads closed under the Public Lands Act. Public travel would continue to be prohibited on the following roads: 

• Private forest roads as defined under the Public Lands Act
• Roads closed for purposes of the Wildland Fire Management Act

Travel permits could still be requested by anyone that may not meet the rules in the proposed code of practice framework. We are considering charging an administrative fee to fully or partially cover the cost for the MNR to review and issue these travel permits

Environmental Implications

MNR is committed to preserving natural heritage features for present and future generations. Under this proposal, no environmental impacts are expected. Those individuals that would be permitted to use closed roads under the proposed framework are typically already receiving travel permits from MNR district managers and travel permits would continue to be required for other users. In addition, the MNR would retain the ability to exclude closed roads from the code of practice framework, which could be done to protect sensitive environments where appropriate. 

Regulatory impact analysis

In developing this proposal in a way which would continue to protect and sustainably manage natural resources, we have considered any potential risks to natural resources, public health and safety, economic values and society. Based on these considerations, we have determined that:

• The anticipated environmental impacts and social consequences of the proposal are expected to be minimal. Allowing travel on closed roads through regulation continues to provide similar oversight for environmental impacts and social consequences.
• The anticipated economic consequences of the proposal are expected to be neutral to positive. It is anticipated that the proposed regulatory amendments would positively impact certain individuals and businesses engaged in activities on public lands by eliminating the need for travel permits. 

The proposed fees for the review and issuance of travel permits would be considered a new administrative cost to individuals and businesses. These fees would only need to be paid in situations where a travel is required.