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Ontario Provincial Highway Right-of-Way Overview (3-ON-c)

In Ontario, a developer may need an Encroachment Permit and/or a Building and Land Use Permit for any project located along or near a provincial highway. The Ontario Ministry of Transportation (MTO) regulates the ability of any person or corporation “to use, or to construct, maintain and use buildings, structures or improvements in or on, any space or area located over, across, or under a highway under the jurisdiction of the Ministry” through the issuance of permits. R.S.O. 1990, c. P.50, s. 2(3).


MTO regulates provincial highway access and rights-of-way pursuant to Ontario – Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50.


Provincial Highway Right-of-Way Overview Process

3-ON-c.1 – Contact Local Government

A developer should also contact the local municipality or governing body for any additional permits that may be required.

3-ON-c.2 to 3-ON-c.4 – Will the Project Encroach Upon, Under, or Within a Provincial Highway Right-of-Way?

A developer may need an Provinicial Highway Encroachment Permit if the project will encroach upon, under, or within a provincial highway right-of-way. Ontario Ministry of Transportation – Encroachment Permit Webpage. If a developer may need an Encroachment Permit, see:

Provinical Highway Encroachment Permit:
3- ON-d

3-ON-c.5 to 3-ON-c.7 – Will the Project Require Constructing a Commercial Structure Near a Provincial Highway Right-of-Way?

A developer may need a Provincial Highway Building and Land Use Permit if the project involves constructing a commercial structure close or adjacent to a provincial highway. s 31(1)(b); Ontario Ministry of Transportation – Building and Land Use Permit Webpage. A power and/or transmission line is considered a “commercial structure.” Ontario Ministry of Transportation – Building and Land Use Policy Manual. If a developer may need a Building and Land Use Permit, see:

Provincial Highway Building and Land Use Permit:
3-ON-e


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