Ontario Crown Land Right-of-Way (3-ON-b)
The Ontario Ministry of Natural Resources and Forestry regulates the granting of easements in or over public lands pursuant to Ontario Public Lands Act, R.S.O. 1990, c. P.43, s. 21.
Crown Land Right-of-Way Process
3-ON-b.1 – Consult with Ministry
The developer should consult with the Ministry of Natural Resources and Forestry before beginning the process to ensure they understand and complete all the necessary steps.
3-ON-b.2 – Application Review Guide and Summary
The developer must complete Parts A and B of the Application Review Guide and Summary (Application) for the project and proposed site. PL 4.02.01, Application Review and Land Disposition Process (Procedure). The Application is an electronic document that is completed in phases with input from both the developer and the MNRF throughout the application process.
3-ON-b. 3 – Consult with Aboriginal Communities (If Applicable)
The developer must consult with any aboriginal communities if granting an easement for the project could infringe upon any existing aboriginal or treaty rights. If there is a local agreement in place with respect to consultations with an aboriginal community, the developer must comply with the provisions of that agreement. If there is no such applicable agreement, the consultation must be flexible and best suit the needs of the aboriginal community. MNRF lists the following as, at minimum, the elements of the aboriginal consultation process:
- Sharing information about the easement, including a description of the lands involved and the purpose and term of the easement;
- Obtaining information on the aboriginal or treaty rights of the affected aboriginal community;
- Providing a clear and reasonable opportunity to the affected aboriginal community to share information about their rights and perspective on the impact of the easement on those rights;
- Consideration by MNRF of the information received; and
- Determination by the MNRF on how to proceed and notification to the aboriginal community of the MNRF's final determination.
The developer should maintain a detailed record of their consultation process, including copies of all correspondence with the aboriginal communities, completion of Part C of the Application, and records of any relevant discussions. PL 4.02.01, Application Review and Land Disposition Process (Procedure).
3-ON-b.4 – Complete Environmental Review
The developer must complete an environmental review and document it in Part D of the Application. PL 4.02.01, Application Review and Land Disposition Process (Procedure).
3-ON-b.5 – Notify Forest Resource Licensee of Application (If Applicable)
If the land proposed for the easement is also subject to an active forest resource license, the MNRF must provide notice to the licensee at least 30 days before making the decision on the easement so that the licensee can make representations to the MNRF. The MNRF must consider these representations in deciding on the easement. The MNRF must fill out Part E of the Application once notice is given. PL 4.02.01, Application Review and Land Disposition Process (Procedure).
3-ON-b.6 to 3-ON-b.7 – Review Application for Approval
The MNRF District Manager reviews the application for approval and may receive administrative support from the MNRF Area Office in doing so. The District Manager determines the most appropriate type of land disposition, which is an easement in the case of most electrical transmission projects. The MNRF must consider, at minimum:
- The existence of aboriginal or treaty rights;
- Environmental assessment requirements;
- Applicable MNRF policies and procedures;
- Any representation made by a forest resource licensee, if applicable;
- The Ministry's Statement of Environmental Values;
- Land Use Occupational Authority to be issued; and
- The pricing principle to be used.
3-ON-b.8 – Notify Developer of Approval
The MNRF must notify the developer of the following elements upon approval of an Application:
- The type of land authority to be used;
- Rights to be granted or reserved;
- Effective date of rental period, if applicable;
- Pricing principle to be used;
- Conditions, if applicable;
- Permit/license requirements;
- Description/survey requirements;
- Expiry date of offer;
- Reminder to submit a current corporate profile, in the case of a corporation; and
- Requirement to confirm acceptance of the offer in writing within 30 days (failure to do so may result in cancellation of the offer).
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Ontario Ministry of Natural Resources and Forestry
Senior Policy Advisor 416-314-2301 Visit Website