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

The Ministry of Natural Resources (MNR) manages public lands in Ontario under the Public Lands Act. MNR supports economic development and energy projects anticipated under Ontario’s Independent Electricity System Operator (IESO) current energy procurement (Long-Term 2 – LT2) and future procurements on public lands. We are considering streamlining permitting and approvals processes by allowing certain equipment or bridges to be placed on public lands, provided that users comply with conditions outlined in the applicable regulations. 

Related to this proposal is a separate posting (ERO #025-1145), proposing changes to the Renewable Energy on Crown Lands Policy to streamline and clarify requirements related to renewable energy projects on public lands. Comments on that proposal can be submitted under that Environmental Registry of Ontario posting. 

Public Lands Act

Public lands (also called Crown lands) under the administration and control of MNR represent 77% of the total area of Ontario and include the beds of most navigable lakes and rivers. The Public Lands Act provides MNR with broad authority to manage and dispose of public lands.  The public lands managed by MNR do not include provincial parks and conservation reserves or federally managed lands.

Currently, written approval from MNR is required to occupy public lands. Usually, this is in the form of a land use permit, licence of occupation, lease or easement. There are some exemptions to this requirement as outlined in Ontario Regulation 161/17: Occupation of Public Lands under Section 21.1 of the Act (O. Reg. 161/17) which sets out the types of buildings, structures or things that can be placed and used on public lands without a written site-specific authorization as long as the conditions set out in the regulation are followed.  

At this time, written site-specific authorization from MNR is required for the occupation of public lands for various low-impact pre-development activities that support renewable energy projects and other economic development on public lands, including mobile wind testing equipment, equipment for geotechnical and hydrogeological investigations, and environmental monitoring equipment. Most often, a land use permit is required for these short-term occupations of public lands and a full review by MNR is required prior to approval.

Ontario Regulation 239/13: Activities on Public Lands and Shore Lands – Work Permits and Exemptions (O. Reg. 239/13) sets out work permit requirements for certain types of activities on public lands and shore lands. Work permits are a regulatory tool used by MNR to permit specified work to be undertaken on public lands and shore lands which are defined as lands covered or seasonally inundated by water, including the beds of most navigable waters. 

The ministry is proposing regulatory amendments to support energy projects and other economic development opportunities on public lands.  The goal is to unlock economic development opportunities by streamlining statutory and regulatory processes, updating policies, improving service delivery, and enhancing transparency. This initiative focuses on enabling responsible development to protect Ontario. We are seeking feedback on the proposed regulatory changes outlined below.

Proposed changes to regulations under the Public Lands Act (PLA)

The ministry is proposing amendments to regulations under the Public Lands Act, including O. Reg. 161/17, to enable certain low-risk occupations of public lands without requiring written, site-specific authorizations provided that all conditions set out in regulation are met, including mandatory registration. 

Low-risk occupations are defined as short-term uses that do not involve structures being permanently affixed to public lands and must be removed following use. A key component of the proposal is the requirement to register the location of the occupation with the ministry, which supports compliance oversight to ensure that regulatory conditions are followed. 

The proposed regulatory changes would apply to the placement and use of specific types of equipment and structures on public lands including:

1. Mobile wind testing equipment
2. Equipment for geotechnical and hydrogeological investigations
3. Environmental monitoring equipment
4. Short-term bridges

To support the proposed changes outlined above, we are also proposing to amend regulations under the PLA, including O. Reg. 161/17, to include new, general conditions that would require site restoration following the completion of an occupation, prohibit the obstruction of access to public lands, clarifying that occupiers must maintain continuous compliance with the regulation, and explicitly state occupiers are liable and responsible for the use and occupation of public lands. These conditions would apply to all types of occupations covered by the regulation. 

To facilitate renewable energy development, the ministry is proposing to exclude public lands that are subject to an energy proponent’s contract with the IESO from those public lands available for new occupations under O. Reg. 161/17.

Further amendments are proposed to O. Reg. 239/13 to exempt certain activities from the requirement to obtain a work permit. These activities include the placement and use of equipment for mobile wind testing, geotechnical and hydrogeological investigations, environmental monitoring, and short-term bridges where permitted under the PLA. 

Additionally, the ministry is proposing to update the definition of “shore lands” which is currently defined as “lands covered or seasonally inundated by the water of a lake, river, stream or pond”. The proposal is to amend the definition to only include:

1. Public or private lands periodically inundated by the water of a lake, river, stream, or pond by natural or artificial means, even when dry, where the bed of the adjacent lake, river, stream or pond is publicly held and the inundation is not the result of the spring freshet or an extreme flooding event; and
2. public lands covered by the water of a lake, river, stream or pond. 

More detailed information on the proposed regulatory amendments can be found in the “Public Lands Act – Proposed Regulatory Amendments” document available under Supporting Materials.

Environmental Implications

MNR is committed to preserving natural heritage features for present and future generations. Under this proposal, occupational authority and work permit requirements would continue to apply to higher-impact activities. The proposal would apply only to certain low-impact, short-term activities and occupations. Placing equipment or structures on public lands and using them for these purposes would not require a written site-specific authorization. These occupations and activities would only be allowed if they meet specific conditions designed to avoid or mitigate impacts to the environment. If not allowed by the regulation, then review and written site-specific authorization from MNR would be required to proceed with the occupation or activity.

The proposed conditions to be included in regulation have been developed to mitigate or reduce potential negative impacts to the environment. Other environmental regulatory requirements or approvals at the municipal, provincial or federal level would not be impacted. 

Regulatory impact analysis

In developing these proposals 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 equipment or bridges to be placed on public lands if conditions are followed and registration occurs would continue to provide oversight for environmental impacts and social consequences of proposed occupations and activities.
• The anticipated economic consequences of the proposal are expected to be positive. The proposed changes would reduce the regulatory burden on individuals and businesses engaged in energy projects, aggregate extraction and other economic development opportunities on public lands.

Our goal is to build a modern statutory and regulatory framework that:

• Respects Aboriginal and treaty rights,
• Supports economic development and innovation,
• Maintains environmental stewardship, and
• Improves decision-making