Overview

Renewable energy predevelopment projects on Crown land can initiate requirements under Ministry of Natural Resources (MNR) policy and legislation. These may include:

About this page

This page:

  • clarifies ministry expectations
  • consolidates submission requirements under multiple processes
  • is not intended to replace or supersede any requirements identified in legislation or existing MNR policy or guidance
  • is subject to change — applicants are responsible for meeting the most current requirements

The APRD is the formal guidance on our requirements for predevelopment and full project application, review, and decisions regarding the approval of renewable energy projects where MNR has a legislative responsibility.

Refer to the relevant statutes, regulations and policies referenced throughout this page for complete direction.

You may still need to get other approvals from other agencies, boards, and other ministries or governments.

Refer to the renewable energy on Crown land page for all MNR requirements for renewable energy on Crown land.

Figure 1: Steps to apply for a renewable energy predevelopment project on Crown land

Flow diagram depicting steps associated with applying for a renewable energy predevelopment project on Crown land
  1. Pre-submission site review by applicant.
  2. Applicant completes and submits an initial predevelopment project submission.
  3. MNR reviews the initial predevelopment project submission for completeness and to identify any red flags. If submission incomplete, repeat step 2.
  4. MNR advises on additional information and consultation requirements.
  5. Applicant completes consultation and any other requirements.
  6. Applicant submits final predevelopment project submission to MNR.
  7. MNR reviews the final predevelopment project submission. If submission incomplete, repeat step 6.
  8. MNR authorizes renewable energy predevelopment project.

Step 1: pre-submission site review by applicant

Renewable energy development on Crown land must be consistent with MNR’s Crown land use planning direction, legislation and policy.

Before you submit an initial predevelopment project submission, you must conduct a preliminary review to:

  • assess site suitability
  • identify potential constraints that could influence the project

You can find a list of resources in Appendix A which:

  • includes MNR policies and guidance materials that outline ministry requirements
  • identifies circumstances where renewable energy development on Crown land is not permitted or is subject to specific prohibitions
  • includes resources and tools that allow applicants to identify potential constraints at their site of interest

For questions about application requirements, email MNRFrenewableenergysupport@ontario.ca.

Step 2: applicant completes and submits initial predevelopment project submission

Once you have conducted a preliminary review, you must complete an initial predevelopment project submission and submit it to MNR.

The following requirements must be included in your submission.

Predevelopment project description report

A predevelopment project description includes a description of the:

  • purpose and rationale
  • activities and improvements, including:
    • all devices or structures to be used
    • all related infrastructure
    • length of time the renewable energy predevelopment project will be in place
    • location and timing of any construction activities
    • equipment and machinery used
    • proposed access (new or existing) for the project which must clearly identify whether the construction of new access or upgrades to existing access is required
    • installation, duration and operation of the devices or structures including the proposed:
      • location of installation
      • method of installation
      • timing of installation 
      • duration of operation 
      • operation of the device
  • negative environmental effects that may result from construction or installation activities within a 300-metre radius of the activities
  • mitigation measures for any negative environmental effects or which are integral to the design or scope of the renewable energy predevelopment project

For more information, read:

Application for Crown land

Renewable energy predevelopment projects that require authority to occupy Crown land (for example, a wind meteorological evaluation tower (MET) are normally granted occupational authority through a Land Use Permit (LUP) under the Public Lands Act, 1990.

You must include a signed and dated Application for Crown Land in the initial predevelopment project submission.

The application for Crown land is described in:

Work permit application (if applicable)

A work permit is required for certain activities on Crown land and shore lands. This is set out inOntario Regulation 239/13, under the Public Lands Act, 1990.

You must include a signed and dated Application for Work Permit – Part 1 in the initial predevelopment project submission.

If a renewable energy predevelopment project involves multiple activities that require a work permit, you must provide complete copies of part 2, 3, 4, or 5 for proposed works, as appropriate:

Applications for roads must depict the:

  • width of the drivable roadbed
  • width of ditches
  • width of proposed cleared right of way
  • locations of all water crossings

The work permit application is described in:

Site plan

Site plans are used to understand the proposed work relative to the site and conditions.

An initial predevelopment project submission must include one or more well-marked, legible and reproducible maps showing:

  • the project
  • the land within 300 metres of the project location

Site plans should be ‘to-scale’ drawings and include relevant key features such as:

  • the location and boundary of the renewable energy predevelopment project, including dimensions (for example, metres) and coordinates (for example, Universal Transverse Mercator [UTM])
  • A sketch of proposed occupation(s)
  • all related infrastructure, including:
    • buildings
    • structures
    • improvements existing and proposed within the subject area
  • detailed cross-sectional drawings of all buildings, structures and improvements with clear dimensions
  • proposed access to the site (identifying whether this is new or existing access)
  • any water crossings, bridges, culverts and causeways that are part of the project
  • all known natural features, including any significant natural features (refer to section 6.2.3.1 of the APRD)
  • all adjacent properties (where applicable)
  • description of vegetation cover, all water and the location of where photos were taken
  • land contours, surface water drainage, and any water bodies, provincial parks or conservation reserves
  • any existing infrastructure on site
  • proposed mitigation measures (where applicable)
  • a north arrow, pointing towards the top of the page
  • scale of the site plan

If species at risk are identified, email the Ministry of the Environment, Conservation and Parks at SAR@ontario.ca to discuss any applicable species at risk permitting requirements related to a proposed project.

For more information, read:

Key maps

Key maps (scale between 1:100,000 and 1:50,000) are used to locate the general area of the application for Crown land.

Initial predevelopment project submissions must include a map that is ‘to-scale’ and depicts relevant key features, such as:

  • township fabric
  • ownership details
  • existing rights of way and access information
  • coordinates of the site 
  • any waterbodies
  • other relevant information

Key maps are described in the Public Lands Act submission requirements identified on the Buy or rent crown land page.

Photographs

Photos must:

  • be clear and unobstructed in snow-free conditions
  • be taken with good light
  • provide a wide-angle view of the site
  • provide a detailed view of something specific and relevant to the application
  • indicate the direction and relate the locations identified on the site plan

Photographs are described in the Public Lands Act submission requirements identified on the Buy or rent crown land page.

How to submit the initial predevelopment project application

Once you have compiled all mandatory minimum requirements, you can submit your complete initial predevelopment project submission either:

Step 3: MNR reviews initial predevelopment project submission for completeness and to identify any issues

When we receive an initial predevelopment project submission, MNR staff will review the submission:

  • for completion
  • to ensure the identified location is permitted by policy

If your initial predevelopment project submission is incomplete, we will let you know and request the missing information by email.

We will confirm that the proposed renewable energy predevelopment project is:

Renewable energy on Crown Land policy restrictions

According to the RECL policy, Crown lands that are not available for renewable energy development include:

  • an area regulated or recommended as a provincial park or conservation reserve, where the project would not qualify as an exception under the Provincial Parks and Conservation Reserves Act, 2006
  • an area designated as a dedicated protected area in the Far North, where the project would qualify as an exception under community-based land use plans or the Far North Act, 2010
  • greenfield waterpower development, including any reservoirs, impoundments and water control structures or weirs, on a naturally reproducing lake trout lake
  • an area where existing authorizations or dispositions under the Public Lands Act, 1990, Aggregate Resources Act, 1990, Oil Gas and Salt Resources Act, 1990, or Mining Act, 1990 would prohibit development

Approval and Permitting Requirements Document restrictions

The APRD does not allow renewable energy predevelopment projects in:

  • provincially significant southern wetlands
  • provincially significant coastal wetlands
  • provincial parks or a conservation reserves (with minor exceptions)

Potential implications or limitations may occur if the location is within:

  • lands subject to protocols with Aboriginal communities, land claim processes or settlement agreements, or other exceptional circumstances that may preclude development
  • hazard lands
  • cultural heritage resources known to MNR
  • existing occupational authority, rights holder (for example, aggregate permit), or incompatible application in review by MNR

The APRD identifies additional requirements and limitations on locations outlined in Prohibitions on Development (section 6.2.3.1).

Step 4: MNR advises on additional information and consultation requirements

If the initial predevelopment project submission was deemed complete, we will notify (as applicable):

  • the Ministry of Mines of a pending Public Lands Act, 1990 disposition or request consent from existing claim holders
  • the Sustainable Forest Licence holder of a pending disposition

We will review the initial predevelopment project submission to identify and scope any additional project-specific requirements. Additional requirements may be associated with:

  • the APRD
  • the Crown’s duty to consult,
  • any other applicable MNR policies, procedures and legislation

You may need the following additional requirements.

Consultation report

The duty to consult Indigenous communities is triggered where the Crown:

  • has knowledge, real or constructive, of credibly asserted or established Aboriginal or treaty rights
  • contemplates conduct that has the potential to adversely impact those rights

We will scope the Indigenous and stakeholder consultation requirements which you may need to complete.

If we assess that a renewable energy predevelopment project triggers the duty to consult, we may delegate the procedural aspects of consultation to the applicant, while maintaining appropriate oversight over the consultation process.

Before we issue approvals for renewable energy predevelopment projects that trigger the duty to consult, we will assess whether the consultation and accommodations are sufficient.

What to include in a consultation report

Based on the consultation requirements we identify, you may be asked to submit a consultation report, which must include:

  • a summary of communication with any members of the public, Indigenous communities, municipalities, local road boards and local services boards regarding the predevelopment project
  • evidence that the information required to be distributed to Indigenous communities (under section 6.2.1.2 of the APRD) was distributed
  • any information provided by an Indigenous community in response to a request (made under paragraph 4 of section 6.2.1.2 of the APRD)
  • a description of whether comments from members of the public, Indigenous communities, municipalities, local roads boards and local services boards were considered by the applicant
  • a description of whether the predevelopment project or project documentation was altered in response to these comments

Consultation reports are described in section 6.2.1 of the APRD and in accordance with the Crown’s duty to consult.

Consideration of protected properties, archaeological and heritage resources

You are required to consider whether the proposed renewable energy predevelopment project may have an impact on cultural heritage resources.

Use the following checklists to help you determine if your proposed project may have an impact:

Your final predevelopment project submissions must determine:

  • whether the renewable energy predevelopment project is on, or abuts, a property subject to a protection under the Ontario Heritage Act, 1990
  • whether the renewable energy predevelopment project may have an impact on an archaeological resource or a heritage resource

If you determine there is no impact, you must include a written summary of the factors leading to this determination.

Additional studies or assessments are required if a renewable energy predevelopment project has the potential to impact cultural heritage values or resources of archaeological value.

Consideration of protected properties, archaeological, and heritage resources are described in section 6.2.4 of the APRD.

Decommissioning plan

A decommissioning plan is required to ensure the project location is restored to a clean and safe condition. This includes the:

  • retiring, abandoning, dismantling or removing from active service, working order or operation all components of the renewable energy predevelopment project
  • method of removal and the type of machinery which will be used
  • timing of decommissioning activities, including any applicable timing window constraints

The decommissioning plan is described in section 6.2.7 of the APRD

Corporate profile report

If the applicant is a corporation, you must submit a current Corporate profile report.

The corporate profile report is described in the Public Lands Act (PLA) submission requirements on the Buy or Rent Crown Land page.

Authorizations under the Crown Forest Sustainability Act

If a renewable energy predevelopment project on Crown land requires tree clearing, you may be required to get the following under the Crown Forest Sustainability Act, 1994:

  • a forest resource licence
  • a permit to remove Crown forest resources

Authorizations under the Aggregate Resources Act

If a renewable energy predevelopment project involves extracting and removing aggregate material, approval under the Aggregate Resources Act, 1990 may be required.

Authorization(s) under the Lakes and Rivers Improvement Act

If a renewable energy predevelopment project requires the construction, alteration, improvement, or repair of dam infrastructure, including temporary dams and other works (for example, water crossings, channelizations, enclosures, cables and pipelines), this work may be subject to Lakes and Rivers Improvement Act, 1990 approvals.

Visit the Dam management page for information on:

  • the Lakes and Rivers Improvement Act, 1990 and its administrative guide
  • associated technical bulletins

Natural heritage and waterbody assessment (as applicable)

There are area-specific prohibitions on renewable energy predevelopment projects that require the construction of a new or modified transportation system. This is set out in Section 6.2.3.1 of the APRD

Final predevelopment project submissions which involve the construction of a new or modified transportation system must provide a:

  • records review report to identify known natural features or waterbodies, as outlined in section 6.2.3.2 of the APRD
  • site investigation report, which involves undertaking a physical investigation of the project location to identify and provide information about specific natural features and resources, as outlined in section 6.2.3.3 of the APRD

An evaluation report is required under section 6.2.3.4 of the APRD if a renewable energy predevelopment project:

  • involves constructing a new or modified transportation system
  • is planned in an area that may be subject to a prohibition described in section 6.2.3.1 of the APRD

An environmental impact study report is required under section 6.2.3.5 of the APRD if a renewable energy predevelopment project:

  • involves the construction of a new or modified transportation system
  • is planned in an area that is subject to a prohibition described in section 6.2.3.1 of the APRD

Assessment of the presence of species and habitat protected under the Endangered Species Act, 2007

Applicants should email the Ministry of the Environment, Conservation and Parks at SAR@ontario.ca to discuss any applicable species at risk permitting requirements related to a proposed project.

The assessment of the presence of species and habitat protected under the Endangered Species Act, 2007 is described in section 6.2.9 of the APRD

Design and operations report

Note: the information requirements identified in section 6.2.5.1 (Site Plan) of the APRD have been incorporated into the site plan requirements described earlier on this page.

The information requirements identified in section 6.2.6 (Construction Plan Report) of the APRD have been incorporated into the project description and site plan requirements described earlier on this page. However, we can still ask for this information as part of the design and operations report if required.

Under section 6.2.5.2 of the APRD, where the applicant is undertaking mitigation measures to address environmental effects, an environmental effects monitoring plan is required that will include the:

  • reason for monitoring
  • environmental component or mitigation measures being monitored and the scope of the program
  • methods and procedures that are to be used for monitoring extent of effects and the effectiveness of mitigation strategies
  • timing and duration of monitoring activities including extension of monitoring activities if unanticipated effects occur
  • monitoring results reporting provision, including:
    • when interim and final reports will be prepared for MNR
    • monitoring actions undertaken
    • a description of the study and sampling areas
    • the data that was collected
    • the results and interpretation of these results
  • provision for additional actions that may be required to address an effect, including operational mitigation and any related monitoring

The Design and Operations Report is described in section 6.2.5 of the APRD

Crown land interests report

You may be required to provide information related to:

  • title searches and legal agreements from affected landowners
  • consents from unpatented mining claim holders or agreement from mining lease holders (where surface rights are held) to surrender all or part of leases where required
  • legal agreements with petroleum lease holders regarding infrastructure
  • mitigation of effects to existing users, including those with licenses, permits or tenure (may require consent or agreement)
  • site access controls to mitigate the effects to other resource users or management activities
  • measures to address compatibility with or effects to existing land use direction

The Crown Lands Interest Report is described in section 7.9 of the APRD.

Step 5: applicant completes consultation and any other requirements

Applicants must complete the requirements identified by us in Step 4 and undertake the necessary consultation.

Step 6: applicant submits the final predevelopment project submission to MNR

Applicants must submit their complete final predevelopment project submission to the MNR work centre where your project will be located.

The final predevelopment project submission must include:

  • all information required in the initial predevelopment project submission
  • any project-specific requirements identified by us in Step 4

If the project design has changed in any way based on the identified consultation or information requirements, you must clearly identify this in the final predevelopment project submission.

Step 7: MNR reviews the final predevelopment project submission

We will:

  • review the final predevelopment project submission for completeness
  • confirm that the Crown’s duty to consult has been fulfilled

If the final predevelopment project submission has not adequately addressed the requirements identified in Step 4, we will inform you and request the necessary information by email.

Step 8: MNR authorizes the renewable energy predevelopment project

We will issue the necessary approvals and permits for the renewable energy predevelopment project, following our applicable processes set out in MNR’s policies and procedures.

Appendix A

Renewable Energy on Crown Land policy (PL 4.10.06)

This policy establishes how MNR manages access to Ontario’s Crown lands for waterpower, onshore wind power and solar power renewable energy projects. This policy framework identifies:

  • requirements to gain access to Crown land to advance a renewable energy development proposal
  • circumstances where renewable energy development on Crown land is not permitted in Ontario

Should a project move to the development phase, it must be consistent with the Renewable Energy on Crown land policy.

Renewable Energy Project Approval and Permitting Requirements Document (APRD)

The APRD:

  • outlines MNR’s consultation and report requirements to construct a renewable energy predevelopment project (also called a testing project)
  • identifies situations where renewable energy predevelopment projects are prohibited or where additional studies or reporting requirements may be required
  • addresses renewable energy predevelopment projects where no construction is needed to access the project location (section 6.1)
  • addresses renewable energy predevelopment projects where a new road or trail or upgrades to a road or trail are needed to access the project location (section 6.2)

Ontario GeoHub (Land Information Ontario)

Ontario GeoHub provides descriptive information about the characteristics, quality, and context of the data. Ontario GeoHub has options to download the data or using a web service for mapping.

Some ministry data found in Ontario GeoHub may be sensitive and restricted. To access these datasets, you will need to complete a licence agreement. To request restricted or sensitive data, or for other questions about data access requests, email Land Information Ontario support at lio@ontario.ca.

Ministry data found in Ontario GeoHub should not be considered a substitute for site visits and appropriate field surveys. A lack of information does not mean that additional features and values are not present at a site.

Crown Land Use Policy Atlas (CLUPA)

CLUPA is the source of area-specific land use policy for MNR administered Crown lands south of the Far North Boundary.

CLUPA allows users to view Crown land use area boundaries, to make a map, and to search for an area-specific land use policy or amendment online. Land use policies are presented in CLUPA policy reports specific to each land use area and can be accessed using the interactive map browser.

All renewable energy projects (including supporting infrastructure such as roads) must be consistent with Crown land use policy.

Community Based Land Use Plans (CBLUP) developed and approved under the Far North Act are held in CLUPA and are the source of direction in the Far North of Ontario. If your project is located within the Far North, email MNRFrenewableenergysupport@ontario.ca for more information about local land use direction

Pits and Quarries Online map

Pits and Quarries Online allows users to locate and view information about aggregate pits and quarries in Ontario.

Crown lands are not available for renewable energy development in areas where existing authorizations or dispositions under the Aggregate Resources Act, 1990 would prohibit development.

Oil, Gas and Salt Resources Library

This page includes information on Ontario’s subsurface geology and oil, gas, salt, and underground hydrocarbon storage resources.

Crown lands are not available for renewable energy development in areas where existing authorizations or dispositions under the Oil, Gas and Salt Resources Act, 1990 would prohibit development.

Mining Lands Administration System (MLAS)

MLAS provides spatial data and related information including current mineral titles and the availability of lands for mining claim acquisition.

Make a Map: Natural Heritage Areas

This mapping tool shows non-sensitive natural heritage values, such as wetlands, woodlands, provincial parks, and Natural Heritage Information Centre data (for example, species or plant communities of conservation concern and wildlife concentration areas).

If there is no information for a specific location, it does not mean those values are not present, it means they may not have been mapped yet. The information in this mapping tool is not a substitute for site visits.

Section 6.2.3.1 of the APRD lists prohibitions, or circumstances where additional studies are needed for certain renewable energy predevelopment projects. For example, if the project is located within proximity to natural heritage values.

Inland lakes designated for lake trout management

This report lists the inland Ontario lakes (exclusive of the Great Lakes) that are currently designated for lake trout management.

Crown lands are not available for new waterpower development (including any reservoirs, impoundments and water control structures or weirs) on naturally reproducing lake trout lakes.

Section 6.2.3.1 of the APRD identifies that additional studies are needed for certain renewable energy predevelopment projects if they fall within proximity to a designated lake trout lake.

Buy or rent Crown land

This page provides an overview of buying or renting Crown land.

Occupational authority is required to use or occupy Crown land. Typically, renewable energy predevelopment projects do not involve long-term tenure.

In most cases, land use permits are the form of occupational authority used for renewable energy predevelopment projects.

Crown land work permits

This page lists the activities that need a work permit and outlines how to apply for a work permit.

A work permit under the Public Lands Act, 1990 is required for certain activities before any work can take place on MNR-administered lands.

If a work permit is needed, submit the work permit application as part of the initial predevelopment project submission.

Crown land management policies

This page includes MNR policies and procedures that guide the day-to-day and long-term management of MNR-administered Crown lands.