Overview

Municipalities, Indigenous communities and others can buy or rent Crown lands within a municipality to support:

  • housing needs
  • priority economic development goals
  • applications from individuals or corporations must be for the purposes of economic development and must provide confirmation of support from the municipality as part of their application package

Crown Land Disposition Task Team

We established a new Crown Land Disposition Task Team to:

  • provide support and advice to municipalities and Indigenous communities throughout the disposition and sale process
  • support engagement and consultation between municipalities and local Indigenous communities

Email cldtt.mnrf@ontario.ca to book a pre-consultation with the task team.

We will assign requests to the task team for projects that relate to the following priority economic development goals:

  • a provincial priority, such as the:
  • an official plan priority
  • responsive to community capacity challenges
  • municipally significant economic/community development opportunity
  • complex development (for example, housing, complex infrastructure)
  • urgent need with a specific deadline
  • and to a lesser extent, those projects that contribute to recreational opportunity

We will give priority consideration to proponents who have preestablished a partnership or agreement with Indigenous communities.

We will still support projects not assigned to the task team through the process outlined in the Guide for acquisition of Crown land within municipalities on this page.

Disposition processes

The overview of each process shows the responsibilities of the government and the proponent in each phase.

  • Process for dispositions for municipal infrastructure
  • Process for dispositions within municipal boundaries for economic development including lands for housing or cottage lots

Apply to acquire Crown land

To begin the application process you can either:

Guide for acquisition of Crown land within municipal boundaries

In this section

About this guide

This guide is a summary of the Crown land disposition process for dispositions within municipally organized areas for the purposes of housing, infrastructure and economic development. It should not be used as a legal reference.

You should refer to the relevant statutes, regulations and policies for complete direction.

Introduction

Ontario’s Crown lands, commonly referred to as public lands, includes areas of Ontario that the Ministry of Natural Resources (MNR) has stewardship responsibility for under the authority of the Public Lands Act.

These lands, which include the beds of most lakes and rivers, cover 77% of the province, excluding provincial parks and conservation reserves. Most Crown land in the province is in Northern Ontario. Crown land is important for the exercise of Aboriginal and treaty rights and also provides opportunities for:

  • economic development
  • tourism
  • recreation

Many valuable resources such as forests, aggregates and minerals are also located on Crown land. These resources are allocated and managed to the benefit of communities and the province as a whole.

Crown land is not actively marketed, rented or sold for private recreational or residential use. However, for certain government initiatives and priorities the ministry will work with individuals, communities and municipalities, to make Crown land (excluding provincial parks and conservation reserves) available for social and economic development activities. It also provides opportunities for housing needs including year round and seasonal lot development.

The process to acquire Crown land is generally an applicant led process, where the ministry receives an application and initiates the disposition review process. Applications are reviewed on a case by case basis and the applicant may be required to provide additional information and/or undertake tasks (for example, fisheries studies, consultation with Indigenous communities) that will be used in considering the social and economic benefits and environmental impacts on the use of Crown land as part of the ministry meeting its obligations under policy and legislation (such as the Public Lands Act, Environmental Assessment Act).

Crown land development within a municipal boundary can contribute to municipalities' social and economic development objectives, subject to the applicable provincial policies (such as the Provincial Policy Statements under the Planning Act) and legislation. Together with financial capital, sound business plans, expertise and community leadership, Crown land can form part of a successful undertaking.

Purpose

This guide is designed to:

  • provide a clear and consistent process to identify Crown land within municipal boundaries for development initiatives
  • provide a clear outline of the Crown land disposition process and related approvals to assist applicants
  • in the disposition process, define the role and responsibilities of:
    • municipalities
    • private sector developers
    • Indigenous communities
    • government ministries and agencies
  • replace the current guide to cottage lot development on Crown land

Scope

This guide applies to the disposition (rent or sale) of Crown land managed under the Public Lands Act within municipal boundaries to support economic development and community infrastructure. For the purposes of this guide, dispositions that are in scope include lands for municipal infrastructure (roads, water intakes, waste disposal sites), lands for economic development (businesses providing goods and services or utilities) as well as lot creation for housing or cottages (such as subdivisions).

This guide applies provincially to applications received from municipalities, Indigenous communities as well as individuals or corporations (“applicants” for the purpose of this guide). Applications from individuals or corporations must be for the purposes of economic development and must provide confirmation of support from the municipality as part of their application package.

While the ministry understands that most applications for economic development under this process will be for the purchase of Crown lands, the process as outlined in this guide applies to the disposition of any form of occupational authority (land use permit, lease, easement) under the Public Lands Act.

This guide does not apply to applications for agriculture or renewable energy. Applications for individual personal recreation (such as cottages, two-story boathouses) or residential purposes are also out of scope.

Overview of categories of disposition review in the guide

This guide outlines 2 categories of development within municipal boundaries to streamline the review and issuance process.

The 2 categories are summarized below, beginning with the simplest to the more complex that require a more comprehensive review.

Category 1: Dispositions to municipalities for municipal infrastructure

Applications in this category are limited to municipalities and for infrastructure that is subject to the Municipal Class Environmental Assessment (MCEA). The ministry will also accept applications submitted by a consultant or third party on the municipality's behalf.

Examples of infrastructure in this category include roads, water treatment plants, intakes and sewage treatment plants. These dispositions are subject to the MCEA and the ministry will rely on this completed environmental assessment (EA) to meet requirements of the Environmental Assessment Act. In these cases, dispositions will not be screened under the ministry’s Class-EA for Resource Stewardship and Development Projects ( Class EA RSFD). The ministry will also rely on requirements under the Waste Management Projects Regulation to meet requirements of the Environmental Assessment Act.

The ministry's role in the review of dispositions for municipal infrastructure will be limited to reviewing to ensure the land is available, is permitted by land use direction and unencumbered as well as ensuring that duty to consult requirements are met. A standard checklist will be applied in this review that includes only factors that preclude the sale of Crown lands.

Category 2: Dispositions within municipal boundaries for economic development including lands for housing and cottage lots

Applications in this category may be submitted by municipalities, Indigenous communities, individuals or corporations for economic development purposes.

The ministry’s role in these dispositions will include advising the applicant on locations that may not be compatible for the development, conducting an initial review of the application, applying the Class EA RSFD, and communicating Indigenous and public consultation requirements to applicants that may be delegated to applicants. The applicant is responsible for obtaining a survey at their own cost and may be required to obtain an appraisal for valuation. The ministry will provide support to the applicant through valuation, survey and issuance stages.

The applicant is responsible for obtaining any other required approvals and permits from other ministries and agencies (for example, Planning Act, access permits from MTO). Studies required to support approvals or permits under these other processes may be used and considered under this disposition process to avoid unnecessary duplication and streamline this process. Note that the ministry will not require permits and approvals from other agencies as a condition of the disposition decision.

Key policies and considerations for all applications

Key policies and considerations for applications that are in scope of the guide:

  • only disposition of Crown land within municipal boundaries and have received written support from the municipality will be considered
  • naturally-reproducing lake trout lakes on Crown land will not be disposed of for development
  • the applicant may require approvals and permits from other regulatory bodies:
    • while the ministry will assist applicants in identifying requirements, the ministry will not make other approvals a condition of the transfer of lands
    • applicants are responsible for securing necessary approvals and permits from other regulators
  • the applicant should engage the municipality and, where applicable, the planning board, to determine what Planning Act applications or other requirements there may be to facilitate the proposed development on the lands (for example, amendments to the Official Plan and/or zoning; plan of subdivision) along with any required supporting studies. To obtain those Planning Act approvals, the proposed development is required to be consistent with the Provincial Policy Statement and conform with any applicable provincial plans (for example, Growth Plan for Northern Ontario).
  • the applicant must provide a statement and supporting information to the ministry that the proposal meets (or will meet) Planning Act requirements.
  • the ministry will identify Crown lands that are already known to be unavailable for disposition (for example, high cultural heritage value; lands subject to land claims).
  • if Crown land use policy (CLUP) direction prohibits disposition of Crown land for the purpose of the proposed development, a Crown Land Use Policy Amendment will be required. The ministry will undertake the amendment and disposition process simultaneously wherever possible.

Steps for dispositions to municipalities for municipal infrastructure

This section describes the process for dispositions to municipalities for municipal infrastructure.

Planning phase

If the municipality is interested in purchasing Crown land for municipal infrastructure, the applicant should:

  • identify the Crown land needed to support municipal infrastructure
  • review Crown Land Use Policy Atlas to ensure that the land use planning direction is compatible
  • reach out to the relevant ministry work centre and provide the ministry with a map showing potential locations for the facilities as well as the proposed purpose
  • initiate Municipal Class Environmental Assessment process to be confirmed as complete during the application phase

We will set up a meeting to discuss the proposal with the municipality. After the meeting we will:

  • determine if the Crown land requested by the applicant is unencumbered and available for the needed infrastructure
  • contact the Ministry of Mines to determine if there are any existing mining rights and the process for consent if there are existing mining claims
  • provide information regarding other approvals required for the development (for example, other government ministries, conservation authorities)

Municipalities are responsible to obtain any required approvals from other ministries and agencies.

Application phase

During this phase, the municipality will confirm with the government the exact location and extent of Crown lands required for their municipal infrastructure project.

The application requirements for Dispositions to Municipalities for Municipal Infrastructure are limited to:

Review phase

During the review phase, we will:

  • review and let the applicant know if the application is complete, or if there’s any missing information.
  • make sure the lands in question are available and unencumbered
  • notify the Ministry of Mines of the proposed land disposition
  • the application will be time/date stamped which will establish the priority of surface rights to the Crown land
  • apply provision 2.6.2 in the Class EA RSFD to these dispositions which explains that where approval has been granted under the EA Act the dispositions of Crown resources associated with the implementation of these projects will not be subject to screening under section 3 of the Class EA RSFD .
  • not analyse work completed under the Municipal Class Environmental Assessment (MCEA):
    • confirmation of the completed MCEA is required
    • our role regarding EA for this category will be limited to filing documentation from the municipality confirming they have met their EA requirements
    • the municipality is encouraged to attain independent advice on the Municipal Class EA if required

The minister will provide the holder of a forest resource licence 30 days notice of a proposed disposition of Crown land within their licence area and an opportunity to make representations to the Minister. If the licensee raises concerns about the proposed disposition, the Minister will consider the extent to which those concerns may be addressed by the ministry and the applicant prior to making a decision regarding the proposed disposition.

If a municipality requests a review and comment in their Municipal Class EA process we will only comment on government program interests. Reviews will not include applying the minist Class EA RSFD screening criteria.

Some of the following steps may be undertaken simultaneously.

Consultation phase

Applications will be assessed on a case-by-case basis to identify Indigenous communities to whom a duty to consult may be owed.

The duty to consult rests solely with the Crown; however, we may delegate procedural aspects of consultation to third party applicants. When delegating the procedural aspects of consultation, we will identify the Indigenous communities to be consulted and ensure the responsibilities of the applicant are clearly communicated.

If we decide to delegate procedural aspects of consultation with communities, we will share a list of Indigenous communities to whom a duty to consult is owed to the applicant. We will retain oversight of the process and will assess the adequacy of consultation and if the duty to consult has been met. Where procedural aspects of consultation have been delegated to the applicant a record of consultation must be submitted to the ministry. Visit Aboriginal consultation and relationship building for more information on Indigenous consultation.

Decision phase

The authority to approve the disposition of Crown land is delegated to the ministry district manager. This decision can only be made once we have received confirmation that Municipal Class EA requirements have been met and Indigenous consultation has been undertaken. A decision on an application will only be made once it is determined that the duty to consult has appropriately been fulfilled.

Following the application review and (where aspects of consultation have been delegated) assessment of Indigenous community consultation, the government will confirm in writing if consultation requirements have been met.

We will decide on the disposition and provide an approval or denial letter to the municipality as written confirmation.

Valuation phase

The ministry will conduct a valuation and provide the municipality with the purchase price or provide a Terms of Reference for Applicant Initiated Appraisal where required. Visit Appraisal and valuation of public lands to read the ministry policy on valuation of lands.

Survey phase

When the confirmation of agreement to purchase for the offered purchase price has been received, we will provide the municipality with survey instructions.

The municipality is responsible for hiring an Ontario land surveyor to survey the property and submit the survey to us for review.

We will review draft surveys and communicate any needed corrections. Where surveys do not require any corrections they will be deposited and a legal description created.

Document issuance phase

The ministry will request payment from the municipality upon completion of the legal description and will issue the instrument (for example, patent, lease, easement, Land Use Permit).

Documents will be prepared once payment is received. A request will be sent to the Lieutenant Governor of Ontario for approval and to receive the official seal. The patent will then be registered with the Land Registry Office and the applicant will be notified.

Steps for dispositions within municipal boundaries for economic development including lands for housing or cottage lots

This section includes the process for dispositions to municipalities, Indigenous communities, individuals, and corporations for economic development and housing (year-round and seasonal lots).

Examples of economic development purposes include recreational facilities (such as arenas, community centres), non-remote tourism businesses, industrial and commercial development.

Planning phase

Early applicant exploration

Applicants are encouraged to review information available online when identifying potential areas for economic development or housing, including:

The applicant should review potential locations using the Crown Land Use Policy Atlas to ensure that the land use planning direction is compatible. Where the proposal is not compatible, the applicant should discuss a possible amendment with the ministry. Natural heritage information can also be obtained through Geospatial Ontario (formerly Land Information Ontario).

The Ministry of Mines should be consulted early in the process by the applicant regarding mineral development interests during the review identification of eligible lands. Should existing mining rights be in place, the Ministry of Mines will work with the applicant through the consent process required.

Early exploration allows for a comprehensive look at whether the Crown land will fit the economic development plans of the applicant. It also aids the ministry in making decisions for the most appropriate use of Crown land.

Planning meeting between the applicant and the ministry

The first step in the process is to request a scoping meeting by emailing CLDTT.mnrf@ontario.ca. At this meeting we’ll discuss the applicant’s project goals and we will outline the process and discuss relevant parameters.

The planning meeting will cover:

  • the intent and goals of their project
  • the parcel of Crown land of interest
  • the results from early exploration research
  • whether the parcel of Crown land is unencumbered and may be available for the needed development and associated infrastructure
  • information on which other ministries or agencies may have approvals required for the development (for example, The Ministry of Transportation (MTO), The Ministry of Municipal Affairs and Housing (MMAH), The Ministry of Environment, Conservation and Parks (MECP), conservation authority)
  • reaching out to these agencies and ministries as the responsibility of identifying necessary approvals will rest with the applicant

If the applicant requests, we will invite other agencies and ministries to the scoping meeting to assist the applicant in understanding all requirements for a successful development.

Obtaining the required approvals from other ministries and agencies rests with the applicant and the ministry will not request documentation of approvals from other ministries or agencies.

We strongly suggest the applicant consult with other ministries or agencies to identify what authorizations or studies are typically requested for the specific type of economic development proposal. This may also lead to coordinating and integrating studies to minimize duplication and reduce overall costs. Some studies that may be required and should be identified within the project description (see Appendix B below) include but are not limited to:

  • Ministry of Environment, Conservation and Parks (MECP)—may require a Lake Capacity Assessment, waste disposal site studies, Endangered Species Act permits
  • Ministry of Municipal Affairs and Housing (MMAH)—studies required for Planning Act approvals where MMAH is the approval authority
  • Ministry of Mines (MINES)–geotechnical studies and rehabilitation studies to address abandoned mine hazards
  • Ministry of Tourism, Culture and Sport (MTCS)—technical Cultural Heritage studies
  • Ministry of Natural Resources (MNR)—through the Class EA RSFD review process, the ministry may request an assessment of significant wildlife habitat, areas of natural and scientific interest, wetlands, fish habitat, aggregate resources, wildland fire considerations or natural hazards

Ministry initial review and report

Based on information provided by the applicant in the planning meeting, the ministry will review the applicant’s proposal for constraints and any factors that would likely result in the application or development being infeasible.

Values and information considered in this review may include:

  • all known natural heritage values such as:
    • eagle’s nests
    • fish spawning
    • critical Caribou habitat areas
  • known or potential natural hazard lands such as:
    • floodplains
    • contaminated lands
  • all known cultural heritage sites
  • watercourses such as:
    • warm water lakes
    • Lake Trout lakes
    • cold water streams
  • resource allocations such as:
    • trap lines
    • baitfish areas
    • bear management areas
    • resource-based tourism
  • lands subject to land claims
  • compatibility with adjacent land uses

Note: some values information, such as the nature and location of endangered species habitat or cultural heritage sites is considered sensitive; therefore, would not be made available to the public.

We will provide the applicant with a report of the planning meeting that explains the information considered by the ministry at this initial review. The report will also include a preliminary list of the ministry’s required authorizations based on the location and proposed development plans identified at the scoping meeting.

At the conclusion of the planning phase the applicant will have identified the location of the proposed development and have a clear understanding of the requirements and process for disposition.

Application phase

The applicant will submit an application for Crown land that includes:

  • purpose, rationale and scope of the proposal
  • description of Crown Land required (location)
  • site plan sketch
  • reference map
  • photos
  • anticipated timeframe (weeks, months or years)
  • alternatives that were considered (if any)
  • if applicable, a description of the relationship to other projects or adjacent lands (such as land required to expand an existing occupation or business)

A written outline of the potential Crown Land Use Impact should be included in the application. This includes a description of any anticipated impact of the proposal on other users of Crown land, including relevant industries and the public. Note that it is possible for additional information requirements to be identified in the Class EA RSFD screening of the application.

For proposed projects requiring Crown land that are related to a new business start-up, it may also be beneficial to conduct research and gather information from the Ontario government's starting a small business in Ontario website. Note that a business plan is not required for the ministry application or review.

For those proposed projects requiring Crown lands that are in Northern Ontario, the Ministry of Northern Development (MND) offers business advisory services that provide information and advice on business planning, development, financing, and numerous other areas. MND works with northern communities, businesses and other stakeholders to identify economic development opportunities and access to government funding programs.

Ministry initiates disposition of Crown land procedure

The ministry will review the submitted application for completeness and respond to the applicant with confirmation of a complete application or with identified missing information.

The ministry has a standard procedure for any disposition of Crown land which includes completion of requirements under the Environmental Assessment Act. The ministry may request the applicant provide information needed to satisfy these requirements.

During this phase the ministry will provide clear direction on:

  • public and Indigenous consultation requirements and roles and responsibilities
  • any studies that are required relating to the proposal and specific parcel of Crown land

Some of the following steps may be undertaken simultaneously.

Where requested, the ministry will provide an estimate of the purchase or annual rent with the caveat this estimate is subject to change and is only for the purposes of providing the applicant with a general understanding of the cost.

Step 1: Ministry notifies Ministry of Mines and the sustainable forestry license holder

Once the applicant identifies Crown land that conceptually appears appropriate for their objectives, it is essential for the ministry to notify the Ministry of Mines of the proposed land disposition. The Ministry of Mines time and date "stamps" the pending land disposition which establishes the priority of surface rights to the Crown land.

The ministry will contact the Ministry of Mines during the planning phase as part of identifying if the lands are available and will notify the applicant of any existing mining rights and the process for consent if there are existing mining claims.

Subsection 37(2) of the Crown Forest Sustainability Act requires the Minister to provide the holder of a forest resource licence 30-days notice of a proposed disposition of Crown land within their licence area and an opportunity to make representations to the Minister. If the licensee raises concerns about the proposed disposition, the Minister will consider the extent to which those concerns may be addressed by the Ministry and the applicant prior to making a decision regarding the proposed disposition.

Step 2: Screening of environmental effects

The ministry will use the completed application to screen and evaluate the potential environmental effects of the proposed disposition under the ministry’s Class EA RSFD. The proposal will be assigned a category based on the results of this screening.

The category determines any further evaluation or consultation that needs to be undertaken (such as notification, study requirements). Where required, the applicant will be responsible for completing any further evaluation to meet the ministry's obligations under the Class EA RSFD . This may include preparing an Environmental Study Report or gathering information and completing further studies (such as archaeological assessments).

Through the EA review the ministry will identify any public consultation requirements. Note that the ministry may delegate aspects of consultation to the applicant. Consultation should be coordinated with consultation for other approval related processes (such as the Planning Act) as much as possible in the interest of efficiency and reducing confusion on the part of the public and other parties. Below is a list of stakeholders who may be consulted:

  • public, such as recreational users, anglers and hunters
  • resource users such as trappers, baitfish harvesters, resource-based tourism operators, Bear Management Area operators
  • government ministries including MMAH, Class-EA , MTCS, MINES, MECP

Note: this is not an exhaustive list, other parties may require consultation based on the nature and location of the proposed disposition.

Where a proposal requires Planning Act approvals, the applicant should contact the municipality to determine what is required with any Planning Act application.

The results of the screening including the EA category, requirements for public, stakeholder and Indigenous community consultation as well as any information or study requirements identified through the screening will be communicated in writing to the applicant.

Step 3: Consultation

Public and stakeholder consultation

Appropriately planned and implemented consultation will support the disposition decision. The ministry will clearly communicate any delegated consultation requirements, including which ministries, agencies and stakeholders should be engaged, to applicants in writing along with the EA screening results.

For more complex applications, including applications for lands for housing or cottage lots, the applicant is the lead and will be responsible for completion of all public/agency consultation. It is recommended that consultation be initiated by the applicant early to ensure all parties who may be affected or have an interest in the proposal are informed and have an opportunity to comment.

Consultation with Indigenous communities

Applications will be assessed on a case-by-case basis to identify Indigenous communities to whom a duty to consult may be owed.

The duty to consult rests solely with the Crown. However, we may delegate procedural aspects of consultation to third party applicants. When delegating the procedural aspects of consultation, we will identify the Indigenous communities to be consulted and ensure the responsibilities of the applicant are clearly communicated.

Engaging Indigenous communities early in the process will help project applicants and Indigenous communities develop relationships built on mutual trust and good faith. Applicants are often better positioned than the Crown to discuss a project and its potential impacts with Indigenous communities. This also presents the opportunity to be informed of and incorporate traditional knowledge, and ensure Indigenous rights and practices are not being impacted.

If we decide to delegate procedural aspects of consultation with communities, we will share a list of Indigenous communities to whom a duty to consult is owed to the applicant. We will retain oversight of the process and will assess the adequacy of consultation and if the duty to consult has been met. Where procedural aspects of consultation have been delegated to the applicant a record of consultation must be submitted to the ministry. Visit Buy or Rent Crown Land within Municipal Boundaries for more information on Indigenous consultation.

Review phase

The results of Indigenous consultation, public and stakeholder consultation, the environmental effects screening, and all other information submitted by the applicant are reviewed to inform the ministry's decision.

Decision phase

The authority to approve the disposition of Crown land is delegated to the ministry district manager. This decision can only be made once the ministry's obligations under the Class EA RSFD have been met, Indigenous consultation has been undertaken, and the ministry has sufficient information regarding the potential effects of the proposal. A decision on an application will only be made once it is determined that the duty to consult has appropriately been fulfilled.

Under the Class EA RSFD , where a proposal has been screened to a category B or higher, any individual can request the minister of Environment, Conservation and Parks to make an order. An order must be on the grounds that the order may prevent, mitigate or remedy adverse impacts on the existing Aboriginal and treaty rights.

Based on a review and consideration of the information and studies submitted, comments received during the public consultation process, Indigenous consultation and assessment of the application against ministry policies, the ministry will decide whether an application can be approved.

Written confirmation of the decision will be sent to the applicant.

Valuation phase

The ministry will conduct a valuation and provide the applicant with the purchase price or provide Terms of Reference for Applicant Initiated Appraisal where required. Visit Appraisal and valuation of public lands to read the ministry policy on valuation of lands. An agreement regarding the sale price will be made based on the independent appraisal price or a ministry valuation.

Survey phase

Upon receiving confirmation of agreement to purchase for the offered purchase price the ministry will provide the applicant with survey instructions.

The applicant is responsible for hiring an Ontario land surveyor to survey the property and submitting the survey to the ministry for review.

The ministry will review draft surveys and communicate any needed corrections. Where surveys do not require any corrections, they will be deposited and a legal description created.

Document issuance phase

The ministry will issue an invoice of sale price based on market value of the vacant unsubdivided Crown land.

Upon receipt and acceptance of the above, the ministry district manager will request the issuance of letters patent to the applicant.

Upon receipt of payment the ministry prepares the documents. A request is sent to the Lieutenant Governor of Ontario to be approved and receive the official seal. The patent is then registered with the land registry office and the applicant is notified.

Note: the issuance of letters patent grants a fee simple interest in the land and creates a parcel in the Land Registry System. The land is now subject to the provisions of the Planning Act and any other applicable legislation.

Appendix A: Crown land use policy

Crown land use policy (CLUP) provides direction on the types of land use activities that can occur on Crown land within various land use designations such as protected areas, enhanced management areas, and general use areas. An overall land use intent is defined for each land use area. Land use policy for the area provides direction relating to forest management activities, tourism, trail building, and cottage development. Visit the Crown Land Use Policy Atlas for more information on Crown land and policy direction.

Crown land can only be disposed if the disposition is consistent with CLUP. An amendment to CLUP direction may be considered if it can be demonstrated that there is a need for the amendment, (such as changes in government direction, local economies, land uses, demographics or access to new science and information).

The proposed policy change needs to be considered for the overall land use area (not just in relation to the proposed development). The amendment process involves analysis, documentation and public consultation.

The purpose, rationale, objectives and possible options for a proposed amendment must be identified and assessed. The Guide for Crown Land Use Planning outlines a number of factors the ministry will evaluate in determining whether a land use amendment will be considered.

If a land use amendment is required, the amendment process will be completed concurrently with the disposition process wherever possible. Read the Guide for Crown Land Use Planning for further information on the amendment process.

Appendix B: Roles and responsibilities in the disposition process

Ministry of Natural Resources

Under the authority of the Public Lands Act we are responsible for the management and disposition of Crown land. Our activities are governed by a variety of policies and other legislation:

  • the primary policy governing the disposition of Crown land is referred to as the Application Review and Land Disposition Process (PL-4.02.01)
  • the primary legislation that directs how the environmental effects of proposals for the use of Crown land will be assessed is the Environmental Assessment Act (EAA)
  • under the authority of the EAA, our Class Environmental Assessment for Resource Stewardship and Facility Development Projects ( Class EA RSFD) provides the framework for the evaluation and mitigation of environment effects of a proposed disposition
  • during direct sales of Crown land to municipalities, EAA coverage can be obtained through the Municipal Class EA or Ontario Regulation 334 under the EAA. We will participate in the EA process to ensure that ministry interests are considered. In these cases, the municipality is required to provide the ministry with evidence that the municipality has complied with their requirements under the EAA

We have a duty to consult with Indigenous communities when considering a disposition of Crown land or resources. The nature and extent of consultation is dependent on a number of factors. Crown land may not be available in certain parts of the province where active land claims are being negotiated or litigation involving Crown land is underway.

We will make a decision to approve or deny the disposition application based on an evaluation of all information provided and a consideration of identified of values and interests.

Municipalities

  • Municipalities and planning boards are responsible under the Planning Act for implementing provincial land use policies set out in the Provincial Policy Statement and, where applicable, provincial plans to guide development through their planning documents (such as official plans, zoning by-laws) and through their decisions on Planning Act applications (such as amendments to official plans or zoning by-laws, plans of subdivisions).
  • Municipalities, and planning boards, where applicable will be consulted on all applications for Crown land disposition within municipal boundaries. We will request that the municipality and the planning board, where applicable, confirm the proposal conforms with the official plan and complies with the zoning and any other applicable by-laws as well as general comments in regard to support or concerns for the proposed development.
  • Municipal councils will be asked by the applicant to provide written confirmation of support for all applications for Crown land disposition within municipal boundaries.
  • Municipal governments may lead the planning and implementation of economic development initiatives with the involvement of, or in partnership with, the private sector and in support of the provincial government
  • Municipalities with input from their constituents articulate to the province their economic objectives in a comprehensive and planned manner.

The role of other ministries and agencies with an interest in developments on Crown land

This is not an exhaustive list of government ministries or agencies that may play a role in the Crown land disposition process. Other permits or approvals may be required based on the nature of the proposal.

Ministry of Municipal Affairs and Housing (MMAH)

  • Responsible for administration of Ontario’s land use planning system by setting out the legislative and policy framework that guide land use planning decisions (such as the Planning Act, Provincial Policy Statement and provincial plans such as the Growth Plan for Northern Ontario)
  • Is the approval authority for certain Planning Act matters, such as new or updates to official plans and, in some areas of the province, land division applications (for example, draft plans of subdivision and consents for land severances).
  • May issue Minister’s zoning orders to control the use of land within Ontario

Ministry of Mines

  • Ministry of Mines is responsible for the provincial minerals sector, including administering of the Mining Act and managing Crown mining rights.
  • Administers the non-discretionary dispositions (such as unpatented mining claims and leases) under the Mining Act.
  • Collects, maintains and distributes information regarding geoscience and mineral resources in Ontario.
  • Assesses mineral potential, and provides geological expertise and advice, including for prospective areas for exploration and geological and mining related hazards
  • Reviews applications under the Planning Act with regard to 1) that mineral. resources, including areas of significant mineral potential, shall be protected for long-term use; and 2) for the sound management of lands affected by natural geological hazards and mining-related hazards.
  • Provides support to northern communities to identify and foster economic development opportunities, as well as work with northern communities, businesses, key economic sectors, and other stakeholders to access a wide range of economic development programs and services

Ministry of Environment, Conservation and Parks (MECP)

  • MECP is responsible for the granting of approvals under the EAA, the Water Resources Act and the Environmental Protection Act and the Endangered Species Act.
    • Reviews applications for and issues Certificates of Approval for a variety of waste management systems (such as municipal landfills and large septic waste systems)
    • Approves and monitors the implementation of class environmental assessments such as the Class EA RSFD
    • Reviews applications under the Planning Act regarding impacts on water quality and quantity, waste disposal and hydrogeology; reviews lake capacity assessments

Ministry of Transportation (MTO)

Ministry of Citizenship and Multiculturalism (MCM)

  • Responsible for the administration of the Ontario Heritage Act (OHA)
    • The OHA binds the Crown; therefore the ministry must adhere to the act when considering the disposition of Crown land, specifically the Standards and Guidelines for Conservation of Provincial Heritage Property (S&Gs).
    • The S&Gs require the ministry to identify and manage provincial heritage properties within their control, including certain provisions when these properties are disposed.
    • Responsible for the conservation, protection and preservation of the cultural heritage of Ontario. This includes built heritage (such as buildings, other structures), cultural heritage landscapes and archaeological resources (such as burial mounds, pictographs, earthworks)
    • Reviews applications under the Planning Act and projects under the Environmental Assessment Act regarding the conservation of cultural heritage

Ministry of Infrastructure (MOI)

  • Responsible for the disposition of real property owned by the Ontario government
    • The ministry cannot sell or lease real property (referred to as acquired landfootnote 1in ministry policy)
    • The ministry may facilitate applications for real property, but MOI undertakes the transfer of these lands
    • Where acquired lands are of interest, the applicant should consult with MOI in the beginning of the disposition process

Ministry of Agriculture, Food and Rural Affairs (OMAFRA)

  • OMAFRA promotes Ontario's food industry and food safety, rural economic programs and protection of farmland and businesses that thrive on agricultural production.

Federal Department of Fisheries and Oceans (DFO)

  • DFO is responsible for the administration of the Fisheries Act
    • reviews proposals that may affect fish habitat to determine if it will be impacted
    • provides direction to applicants as to how to avoid unacceptable impacts on fish habitat
    • may enter into agreements with applicants to authorize impacts on fish habitat

Transport Canada

Local health units

  • Local health units are legislated under the Ontario Building Code Act for the inspection and approval of septic systems with a capacity of 10,000 litres or less.

Appendix C: Definitions

Crown land
Public lands managed under the Public Lands Act by the Ministry of Natural Resources and do not include lands within provincial parks and conservation reserves for the purpose of this document.

 

Disposition
Means the granting of property (for example, freehold or leasehold title) or personal rights (such as land use permit) to public lands.

 

Unencumbered
In this document this term means lands that the ministry has care and control of for the administration of under the Public Lands Act and there are no existing mining, surface rights or other existing or pending occupations that would preclude disposition.

 

Land Use Occupational Authority
Includes a Minister’s Order under Subsection 37.1(1), Order in Council transferring administration and control, sale, conditional sale, Crown lease, water lot lease, licence of occupation, land use permit, beach management agreement, or easement, but excludes a work permit.

 

Aboriginal consultation and relationship building

Indigenous peoples (First Nations, Inuit and Métis) have an important relationship with the land they have inhabited since time immemorial. Ontario recognizes and respects this connection to the land as well as Aboriginal and treaty rights. Ontario is mindful of meeting its legal obligations to Indigenous communities.

The Crown has a legal duty to consult Aboriginal communities under Section 35 of the Constitution Act, 1982, when it has knowledge of an established or asserted Aboriginal or treaty right and contemplates conduct or activities that may adversely affect such rights. For the purposes of this guide, Aboriginal communities include First Nation and Métis communities in Ontario.

Dispositions of public land may engage the duty to consult. The legal duty to consult rests solely with the Crown, however we may delegate procedural aspects of consultation to an applicant. When delegating procedural aspects of consultation, we will identify the Indigenous communities that need to be consulted and ensure the responsibilities of the applicant are clearly communicated. Importantly, communities identified, and the responsibilities of each party may change over time and when additional information is received. We will retain oversight of the consultation process and provide direction to the applicant.

Applicants are often in a better position than the Crown to discuss a project. The applicant typically has the most in-depth knowledge of its project, allowing for explanation of the project and its technical details, answering questions, and allows the applicant to propose, assess and address changes in response to concerns that may be articulated by Indigenous communities. This also presents the opportunity to be informed of and address Indigenous traditional knowledge in project planning, and ensure Indigenous rights and practices are not being impacted or are impacted as little as possible.

Upon receiving a list of identified Indigenous communities, engaging Indigenous communities early will help project applicants and Indigenous communities develop relationships.

Early consideration of project impacts may also help project applicants identify the roles and requirements of other Crown ministries/agencies. Depending on the project and the required permits or approvals, one or more ministries may delegate procedural aspects of the Crown’s duty to consult to the applicant. Applicants are encouraged to seek input from all involved Crown ministries sooner rather than later.

If the Crown chooses to delegate procedural aspects of consultation, we will:

  • ensure that the delegation of procedural aspects of consultation and the responsibilities of the applicant are clearly communicated to the applicant and the Indigenous communities that will be consulted
  • identify which Aboriginal communities must be consulted
  • communicate the delegation to each Indigenous community identified
  • provide contact information for the Indigenous communities
  • revise, as necessary, the list of Aboriginal communities to be consulted as new information becomes available and is assessed by the Crown
  • communicate that the Crown intends to rely on the delegated consultation process in meeting its duty to consult obligations
  • assess the scope of consultation owed to the Indigenous communities
  • provide appropriate oversight over the procedural aspects of consultation that have been delegated
  • assess the adequacy of consultation that is undertaken and any accommodation that may be required
  • participate in the consultation process as necessary and as determined by the Crown.

We retain the authority to require or to undertake additional consultation where required to satisfy the duty to consult.

Should consultation be delegated, the procedural aspect of consultation that the applicant will be required to undertake generally includes:

  1. provide the licence or permit application and associated technical reports to the communities identified and confirm that they received the materials. This requirement applies to both existing application materials and any new or updated Materials that may be developed during the application and consultation process.
  2. undertake discussions with the communities about how the application could adversely impact the exercise of Aboriginal and treaty rights and potential measures for mitigating impacts. The applicant should keep a record of issues and concerns that communities raise and document discussions about potential mitigation measures (regardless of who recommends them or whether they are agreed to), and any responses provided by the applicant to the community.
  3. respond to communities that comment on the project or make requests, including any requests for additional information and support to review the application materials and participate in consultation. The applicant’s responses should seek to resolve the issues identified, where possible.
  4. for each community, compile a record of consultation undertaken. The consultation record should focus on the proposed project’s potential impact on Aboriginal and treaty rights, concerns and feedback provided by each community and the potential mitigation measures or changes to the project that were discussed. The consultation record should include:
    1. copies of all correspondence to or from communities relating to the project or financial assistance provided by the applicant to support community participation in consultation. Include any documents distributed electronically or by mail
    2. records of any and all meetings or phone calls with communities regarding the project, including dates, names of participants, agendas, copies of any materials distributed, meeting minutes, and documentation of any concerns or other feedback provided by the communities and the applicant’s responses to requests or concerns raised
    3. the application materials and other materials describing the proposed project that the applicant provided to the communities
  5. for each community, compile a summary of consultation. In addition to creating a consultation record, the applicant should summarize its consultation efforts with communities, specifically in relation to potential impacts and proposed mitigation measures
  6. share the consultation record and consultation summary with each of those individual communities for comment and document any comments received
  7. share the consultation record, consultation summary, and comments received from communities with us

We require applicants to bear the reasonable costs associated with the above steps. Applicants should consider the capacity and any preferred consultation processes of the community. Applicants should work with communities to address their capacity concerns so that they can meaningfully participate in consultation, and if that isn't possible applicants should return to us for direction.

While we may delegate the procedural aspects of consultation to applicants, the Crown will maintain appropriate oversight of the consultation process and assess the adequacy of consultation and accommodation. It is recommended that applicants scope their consultation discussions to encompass all permits or licences that may be required by other ministries, levels of government or agencies. If, upon review of the consultation record, we consider that there are outstanding concerns related to Indigenous consultation, we may provide additional direction to applicants or directly undertake additional consultation with Indigenous communities, which could result in delays to the project.

Should consultation be delegated, applicants must provide the ministry work centre with updates on consultation efforts every two months until consultation has been deemed sufficient. These updates should include a current to date consultation record. We will write separately to the communities to advise them that we have delegated procedural aspects of consultation to the applicant.

We recognize that applicants and Indigenous communities may enter into agreements to address concerns raised during consultations. If an applicant contemplates concluding an agreement with a community that it may want to rely on in support of its consultation efforts, we ask that the applicant ensure that the relevant portions of any such agreement can be reviewed by us. We would need to review any parts of an agreement that relate to impacts on a community’s asserted or established rights and mitigation measures connected to those impacts.

It is expected that respectful engagement will occur, and all participants will approach discussions in good faith. There may be situations where involvement by the us will assist in facilitating meaningful dialogue. We will make the determination as to the level of its involvement on a case-by-case basis. Our approach and role in these circumstances, may be discussed with the applicant and or the Indigenous communities.

Suggested best practices

No matter what the engagement objective is, it is important to consider and apply the following key principles,

  • Know the history – every Indigenous community is unique in its culture, practices, and history.
  • Understand the present day community – needs, challenges, preferences. This knowledge can allow you to tailor the approach to meet the community's unique needs (such as virtual meetings vs. face to face; electronic vs. hard copy correspondence).
  • Engage early – engage Indigenous communities as early in the decision making process as possible, when there is enough information about the proposed action to provide sufficient context to help identify potential impacts on rights, and where information received can still be considered and influence a decision. Early engagement creates space for meaningful consultation and engagement.
  • Build trust – trust is built over time, through consistency, honesty, transparency.
  • Be flexible and responsive to reasonable requests for time or resources needed to engage in a meaningful way. Look for and be open to opportunities to support capacity needs.
  • Understand the impact and ask questions – need to actively listen to the community and its perspectives.

Even if not required by the ministry to complete a consultation plan, an applicant may consider doing so as a good business practice.

Considerations

  • Consultation and building relationships take time and understanding.
  • It is important to establish respectful and collaborative processes that make use of appropriate communication techniques.
  • The capacity of the community to effectively participate should be reasonably addressed.
  • Some communities have standards and processes for the collection of sensitive knowledge and information, and the wishes of the community should be understood and respected.

Starting point resources