Natural Resources Regulatory and Permit Reform Initiative: Proposing changes to streamline certain approvals under the Public Lands Act

The proposed changes to the regulations under the Public Lands Act were posted on the Environmental Registry of Ontario (ERO) for 46 days, from November 6, 2025, to December 22, 2025. Notification letters about the proposal were sent to all Indigenous communities and organizations, as well as stakeholders. To provide greater opportunity for engagement, we hosted three information sessions with stakeholders on a broad suite of permit reform proposals in November and December 2025. Over the three sessions, 88 stakeholders representing 15 different sectors participated.

We also conducted six in-person/online Indigenous consultation sessions between January 20 and February 5, 2026. Over the six sessions, 81 participants representing 57 Indigenous communities and organizations were engaged. In early February 2026, we held three topic-specific sessions including this proposal as part of combined consultation on LT2 proposals. We also held one-on-one meetings with five individual communities between December 8, 2025, and April 13, 2026.

The comments received ranged from full support of the proposals to concerns about reduced oversight and Indigenous consultation opportunities due to moving more public land activities and occupations to permit-by-rule frameworks. The following is a summary of the comments received and how they were considered:

Expand permit-by-rule framework

We received suggestions to expand the proposed permit-by-rule framework to include meteorological evaluation towers (MET towers). We also received suggestions to remove mitigative conditions in the proposed permit-by-rule framework and instead rely more heavily on qualified persons to determine appropriate mitigative measures.

Response:

The proposed permit-by-rule frameworks include activities or occupations that are considered low-risk, meaning small-scale, short-term and low-impact. Expanding the framework to include all MET towers would not meet the requirement that occupations be small-scale, as many MET towers require large areas to accommodate structural supports, such as guywires. Any MET tower would need to meet the size requirements under the permit-by-rule framework: maximum 10 metre height and maximum contiguous area of 200 square metres. Relying on qualified persons instead of conditions in regulation to mitigate impacts could result in increased impacts to public lands and the environment.

Expand energy supply contract conditions

It was requested that the proposal to implement special provisions for public lands subject to an IESO energy supply contract be expanded to include all energy contracts.

Response:

The special provisions for public lands subject to an executed IESO energy contract were proposed to accommodate a process in which MNR is directly involved as the ministry with administration and control of the land, as is the case with the IESO’s energy procurement procedure and its associated Crown Land Site Report (CLSR) form.

Notification prior to use of public lands

We heard from Indigenous communities and organizations that they want to be automatically notified of new occupations and activities on public lands. We also heard requests for the registry part of the permit-by-rule framework to be publicly available and viewable in a map-based form.

Response:

We have committed to providing a public-facing registration system that will show registrations under the new permit-by-rule frameworks. The system will be viewable online and will show the location and type of each active registration (e.g., mobile wind testing equipment, short-term bridge) for Indigenous community and public awareness.

Negative environmental impacts

We heard concerns that the new permit-by-rule frameworks could result in negative environmental impacts, particularly to ecologically sensitive environments and species. There were concerns that risk and potential impacts are dependent upon where the activity occurs.

Response:

The activities or uses of public lands to be included in the permit-by-rule frameworks are small-scale, low impact and short-term. The conditions included in regulation will help mitigate or eliminate potential negative impacts to the environment. In addition, this new framework would not exempt proponents from obtaining any other approvals required for proposed uses or activities. For example, requirements under other provincial and federal legislation would also still apply, including requirements under the Species Conservation Act, 2025 and Canada’s Fisheries Act.

Exclusion of culturally significant and high archaeological potential areas

We heard from Indigenous communities that public lands with culturally significant features, known archaeological sites and high archaeological potential should be excluded from the permit-by-rule framework.

Response:

Known archaeological sites on public lands as found in the Ontario Archaeological Sites Database (maintained by the Ministry of Citizenship and Multiculturalism) are excluded from the permit-by-rule framework. For sites that are not in the database, as part of the conditions of the permit-by-rule framework, proponents are required to stop work and report to the ministry the discovery of any artifact on public land.

Reduced oversight and increased need for compliance and enforcement

We heard concerns about reduced oversight of activities on or uses of public lands. Moving certain activities and occupations to permit-by-rule frameworks will increase the need for proactive inspections and audits to ensure proponents are following the rules. There were also concerns that the proposed frameworks do not account for those that willfully ignore the rules, which could result in abuses of the system.

Response:

The ministry will proactively inspect the activities and occupations authorized through the permit-by-rule frameworks. Compliance and enforcement actions will be implemented if proponents are not following the rules set out in regulation. The supporting amendments to O. Reg. 161/17 regarding site restoration following the completion of an occupation and continuous compliance with all rules outlined in regulation will provide stronger opportunities for enforcement to ensure compliance.

The ministry has the authority to issue a notice to vacate lands occupied pursuant to O. Reg. 161/17 at any time if proponents are found to be out of compliance. A provision has been added to O. Reg. 239/13 to allow for the termination of an activity for the reasons set out. In addition, re-registration of short-term bridges will not be permitted to ensure that these bridges are removed in accordance with the rules in the regulation.

Cumulative effects assessment

Concerns were raised that the new permit-by-rule framework does not take into consideration cumulative effects.

Response:

We acknowledge the concerns raised regarding cumulative effects as they relate to the potential for new permit-by-rule activities and occupations to negatively impact the environment and potentially have an impact on constitutionally protected Aboriginal and treaty rights.

However, the activities or occupations that will be included in the new permit-by-rule frameworks are considered short-term, low-impact and small-scale, and are anticipated to have minimal potential to contribute to negative cumulative effects.

Review and authorization from the ministry will continue to be required for higher risk activities and occupations of public lands, such as new road construction and new energy generation facility construction.

Size limits for mobile wind testing equipment

We heard concerns that the proposed size limit of 100 square metres may be too small to accommodate mobile wind testing equipment along with the required ancillary equipment to supply power, especially during colder months where multiple power sources may be required. 

Response:

The conditions related to mobile wind testing equipment were modified to allow for occupations of public lands up to 200 square metres to account for testing equipment and necessary ancillary equipment.

Size limits for test pits

We heard concerns that the proposed size limit of 15 square metres for test pits or trenches was too large and may result in negative impacts to the environment or sites with archaeological value.

Response:

The original proposed size limit for test pits or trenches was maintained as it was determined that the requirements to stop work and report any artifacts to the ministry would mitigate any potential negative impacts. 

In addition, known archaeological sites on public lands as found in the Ontario Archaeological Sites Database (maintained by the Ministry of Citizenship and Multiculturalism) are excluded from the permit-by-rule framework.

Reducing oversight of shore lands

Concerns were raised that amending the definition of shore lands would result in reduced oversight and protection of sensitive habitats and species. There were concerns that excluding land subject to the spring freshet in the definition of shore lands would result in negative impacts to the environment.

Response:

Amending the definition of shore lands will not reduce protections or requirements under other provincial or federal legislation. For example, requirements under the Species Conservation Act, 2025 and the federal Fisheries Act would still need to be met.