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