Independent Electricity System Operator Large Renewable Procurement 1 Request for Proposals: MNRF Site Access Guidance for Contract Recipients of Renewable Energy Projects Proposed on Provincial Crown Land

March 3, 2015

Background

This site access guidance document is only intended for proponents with renewable energy projects proposed in whole or in part on provincial Crown land who have received a Large Renewable Procurement 1 Request for Proposal (LRP 1 RFP) contract offer from Ontario’s Independent Electricity System Operator (IESO) and who have not previously been granted site access to the provincial Crown land identified in their LRP 1 RFP contract offer.

Under this guidance, MNR will provide access to provincial Crown land for successful IESO LRP 1 RFP contract recipients (“contract recipients”).

Under Section 2(1) of the Public Lands Act, the Minister of Natural Resources has the authority to approve or deny any application for the use of provincial LRP 1 RFP Crown land managed by MNR. The opportunity to pursue a renewable energy project proposed on provincial Crown land is also dependent on the provincial Crown land applicant’s relevant LRP 1 RFP contract being in good standing with the IESO.

Post-contract process

1. Once proponents receive LRP 1 RFP contract offers from the IESO, contract recipients will receive a letter from MNR directing them to complete and submit an Application for Crown Land (“application”) to MNR, along with the appropriate fee(s), within 20 days of receiving a LRP 1 RFP contract offer by the IESO (see Appendix A). MNR will also provide contract recipients with information on the Crown’s duty to consult with Aboriginal peoples whose asserted or established Aboriginal or treaty rights may be adversely affected by the proposed development.
2. MNR will forward a copy of applications for provincial Crown land to the Provincial Mining Recorder’s office of the Ministry of Northern Development and Mines (MNDM).
3. MNR will process applications for access to provincial Crown land and will advise applicants in writing. Upon being granted site access to provincial Crown land, the applicant may then commence the regulatory approvals review process. Applicants should note that an application to access Crown land for potential renewable energy development does not provide any right, title, or interest in land, and is non-transferable. Where site access has been granted, applications may be transferable at the discretion of the Ministry. There is no ability to mortgage or charge such an application or associated site access. For greenfield water power sites on provincial Crown land, south of the Far North and greater than 1 MW in capacity, final Ministry approvals will be contingent on meeting the Aboriginal community economic benefits objectives of the Renewable Energy on Crown Land policy with regard to Aboriginal communities within or adjacent to the tertiary watershed.
4. MNR will notify local Aboriginal communities it has received and processed an application for Crown land site access for the purposes of developing a renewable energy project. Comments received by MNR from local Aboriginal communities following this notification will be forwarded to the provincial Crown land applicant for their consideration during the regulatory approvals process.
5. MNR will advise other ministries, agencies and the local municipalities (if applicable) that it has received and processed an application for the purpose of developing a renewable energy project on provincial Crown land (see Appendix B).

Appendix A: Fees

All fees are subject to applicable taxes.

Wind power fees

Water power fees

Solar power fees

Appendix B: Site access application process for LRP 1 RFP contract recipients of renewable energy projects proposed on provincial Crown Land

• LRP 1 RFP proponent with a project proposed for Provincial Crown land is offered an energy procurement contract by the IESO.
  • 1.0 Submission of application for Crown Land
    Within 20 days of receiving a contract offer from the IESO, contract recipients submit an Application for Crown Land to MNR with the applicable fees. MNR advises contract recipients of the Crown’s duty to consult
  • 2.0 Receipt of application for Crown Land
    MNR forwards new Application for Crown Land submissions to MNDM's Provincial Mining Recorder’s office.
  • 3.0 Application for Crown Land processing
    MNR processes applications for Crown Land and advises the applicant in writing. Upon being granted site access, the applicant then commences the regulatory review process.
  • 4.0 Aboriginal, municipal & agency notification MNR notifies local Aboriginal communities, other ministries, agencies and local municipalities that an Application for Crown Land has been received and processed.