Changes to Streamline Natural Resource Permits: Removal of Forest Resources (Trees) for Non-Forestry Activities

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.

We are proposing amendments to regulations under the Crown Forest Sustainability Act, 1994 (CFSA) for the Removal of Forest Resources under Part III.1 of the Act to better support economic development, burden reduction and service delivery. Among other requirements, this part of the Act requires that non-forestry activities have an approval under another listed Act and are not for the purpose of a forest operation.

The proposed regulation would establish a code of practice and a permit-by-rule framework for the removal of forest resources (trees) from public lands to support non-forestry activities. This approach will provide proponents with permission to remove trees for non-forestry activities that already have approval under another listed Act (e.g. Environmental Assessment Act, Public Lands Act, Aggregate Resources Act) if they are able to meet the requirements of the CFSA and the regulation.

Code of Practice:

• To be eligible for a code of practice, proponents would need to:
  • Require the removal of forest resources from an area that is less than 2 hectares.
  • Keep a record of their approval under another listed Act.
  • Keep a record of consultation with Indigenous communities in connection with the approval under the other listed Act and the removal of trees in connection with that approval.

Permit-by-Rule:

• To be eligible for permit-by-rule proponents would need to:
  • Require the removal of forest resources from an area that is more than 2 hectares.
  • Register their activity with the Ministry through the Natural Resource Information Portal (NRIP).
  • Submit a record of their approval under another listed Act.
  • Attest to notifying the relevant Forest Licensee(s) of the non-forestry activity.
  • Submit their record of consultation with Indigenous communities in connection with the approval under the other listed Act and the removal of trees in connection with that approval.
  • Attest to notifying Indigenous communities of the non-forestry activity 30 days in advance of planned harvest.
  • Pay Crown timber charges using an area-based volume estimate approach.
• The Ministry is also proposing that the Minister have authority to revoke a registration.

The regulation will also include conditions for code of practice, permit by rule, and permits, including:

• Expanding the list of eligible Acts for non-forestry activities related to renewable energy.
• Suspending existing forest resource licensee rights, rather than terminating their rights, on public lands already licenced for the duration of the non-forestry activity.

If proponents are not eligible for a code of practice or permit-by-rule, they will be able to apply for a permit to Remove Forest Resources or seek a Forest Resource Licence under the CFSA.

Regulatory impact analysis

If approved, the regulatory proposal will have positive impacts to the economy making it easier for non-forestry related activities to remove trees.

The environmental and social consequences will be neutral.  The eligible non-forestry activities will be required to have an approval under another listed Act and will not be considered forest operations. The regulation will require non-forestry activities greater than 2 hectares to register with the Ministry, submit records, attest to notifications, and pay Crown timber charges for the removal of Crown Forest resources.