Changes to Streamline Natural Resource Permits: Proposing changes to streamline approvals under the Public Lands Act and modernize compliance provisions

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 (PLA) and its regulations. The Public Lands Act provides the Minister with broad authority to plan, manage, and authorize uses or occupations of public lands. Public lands represent 77% of the total area of Ontario and include the beds of most navigable lakes and rivers but does not include provincial parks and conservation reserves or land under the administration and control of the federal Crown. 

1. Travel on closed roads

We are proposing amendments to the Public Lands Act to enable the making of regulations related to roads on public lands that have been closed, and associated travel permits. If the proposed amendments to the Act are approved, a regulation would also be proposed to allow travel on certain closed roads on public lands to specific people or in specific situations. This would support business and improve service delivery by streamlining approval requirements. Details of the proposed regulation can be found in the Environmental Registry of Ontario posting 026-0676. Please submit comments related to closed roads and travel permits to that posting.  

2. Enforcement and compliance tools and processes

We are proposing amendments to the Public Lands Act to modernize and improve the efficiency of enforcement and compliance tools in the Act and enable ministry staff to work with people and businesses to achieve compliance with reduced reliance on court processes. The proposed amendments include changes to:

• clarify it is an offence to occupy or take possession of public land without authority;
• make it an offence to block access to public land, or a road on public land, and enable the ministry to restore access and charge the owner of a vehicle used to block access;
• enable the ministry to issue orders to comply with the PLA, its regulations and instruments, and make it an offence to fail to comply with such an order; 
• add seizure and forfeiture provisions where an offence has occurred;
• extend the statutory limitation period from two years to five years after the date the ministry is aware of an offence;
• enable administrative monetary penalties to be set out in a regulation and update existing general penalties under the Act;
• enable the ministry to seek investigative warrants to enable surveying related to investigations, as well as production orders to compel an entity to produce information or records related to an investigation.
• authorize the making of regulations to implement the enforcement and compliance provisions

The proposed enforcement and compliance modernization changes would enable the ministry to: 

• address unauthorized occupations of public land more efficiently; 
• restore access quickly when blockages prevent access to public land;
• support fairness for those who use and occupy public land in compliance with the Act; 
• provide sufficient time to address offences, including carrying out investigations;
• better deter the unauthorized use or occupation of public land if administrative monetary penalties are enabled and maximum fines for general penalties are amended so they are proportional to the scale of an infraction;
• provide compliance tools and options during investigations to ensure public lands are available for all authorized users.

The proposed enforcement and compliance changes to the Public Lands Act would encourage compliance and responsible use of public lands and would support ongoing efforts to modernize and improve public land management, including updating the Public Lands Act framework to streamline permitting processes and introduce permit-by-rule and codes of practice for certain occupations and activities. 

3. General Rolling Incorporation by Reference of Published Documents

We are also proposing amendments to the Public Lands Act to enable rolling incorporation of published documents.

Environmental Implications

Streamlining approval requirements to enable travel on closed roads in certain circumstances would not have a negative impact on the environment. 

Proposed amendments to improve the ministry’s enforcement and compliance tools and processes would likely have positive effects on the environment. With more efficient and effective enforcement tools, it would be easier for the ministry to address the unauthorized use and occupation of public land, which can create public safety and environmental hazards such as garbage and untreated sewage disposal. Enhanced tools to resolve blockages of access to public lands would also enable faster restoration of access for the public, industry and emergency services.

Additionally, the ability to issue orders to comply with the Public Lands Act, its regulations and instruments would enable faster rehabilitation of public lands when a person or business has failed to comply with the Act, rather than relying on the courts to issue an order. Extending the statutory limitation period and revising monetary penalties would provide stronger deterrents to contraventions of the Act, and more efficient and effective ways for the ministry to compel compliance. Taken together, these proposed changes would be expected to have an overall positive effect on both the natural and social environment.

Regulatory Impact Analysis

The travel on closed roads proposal would not have any economic consequences on people and businesses if approved. 

People and businesses that are in compliance with the Public Lands Act and its regulations would not be economically affected by the proposed new enforcement tools and processes. However, if a person or business is contravening the Act, including not complying with requirements for approval or exemption from a permit, they could be charged with an offence and be liable for a penalty upon conviction. 

Implementation of the Public Lands Act enforcement proposal, if approved could result in positive social outcomes, as it would support fairness for those who use public lands with lawful authority and would ensure a fair return to Ontarians for the use and occupation of public land. There may also be associated environmental benefits with the proposal, which if approved would make it easier to deter future contraventions and to order activities causing negative environmental effects to be stopped, and rehabilitation actions to be undertaken, where appropriate.