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Policy Proposal Notice:   EBR Registry Number:   011-6005
Renewable Energy on Crown Land Policy
Ministry of Natural Resources
Date Proposal loaded to the Registry:
June 15, 2012
Keyword(s):   Electricity  |  Land
The comment period for this proposal is now over.
Description of Policy:

The government has placed a priority on expanding the amount of energy produced from renewable energy sources. Renewable energy development is a cornerstone of the province’s future prosperity and its commitment to protecting the environment.

The Ministry of Natural Resources manages provincial Crown land, which makes up approximately 87% of the provincial land base, including the beds of most rivers. The Ministry makes Crown land available for a variety of activities, including renewable energy.

A draft Renewable Energy on Crown Land policy has been developed to provide updated direction on how the government will manage Crown land to support Ontario’s renewable energy needs while balancing the social, economic, and ecological interests of the Province.

The draft Renewable Energy on Crown Land Policy establishes strategic policy direction for Crown land management to support water power, onshore wind power, and solar power development.

Offshore wind power and renewable energy development in provincial parks and conservation reserves (south of the Far North of Ontario) are out of scope of this policy.

The draft policy includes direction on the scope and application of the policy, overarching objectives and supporting actions that will guide how the Ministry makes decisions on Crown land availability and management and renewable energy, as well as establishing the basis for new application procedures. In some parts of the draft policy, general direction on implementation is highlighted. In other cases, more specific procedural guidance will be developed to support the objectives of the draft policy.

The first three objectives of the draft policy focus on where (location) and how (process) the Ministry will make Crown land available for renewable energy development. The Ministry will look to government energy plans and programs when deciding where to make Crown land available for renewable energy. New application processes will be established using up front criteria. The draft policy represents a fundamental shift from previous approaches, where the Ministry accepted applications across the province, to a more coordinated and focused approach better aligned with government energy objectives. This approach will result in more strategic availability of Crown land, allowing the Ministry, industry and communities to focus on more viable opportunities for renewable energy development.

The draft policy is intended to ensure consistent policy direction on renewable energy in the Far North of Ontario, as per the provisions of the Far North Act (2010).

The draft policy encourages and enables Aboriginal community economic benefits from renewable energy development on Crown land. A key policy change proposed in the draft policy would establish that in the Far North of Ontario, renewable energy applications would only be accepted from Aboriginal communities and/or their partners.

If approved, the policy will be used to review all Crown land applications received since 2004 to ensure the applications are consistent with provincial energy, transmission and supply needs. The Crown land applications that have power purchase agreements from the Ontario government will be processed consistent with current Ministry Crown land site release policy and procedures.

During consultation on this draft policy, the existing policies and procedures will remain in effect, although they may be subject to amendment in the interim, where necessary to facilitate or enable implementation of the Green Energy Act and energy procurement.

Purpose of Policy:

To establish a Crown land management policy for renewable energy on Crown land.

Other Information:

Over the past decade, the Ministry’s approach to making Crown land available for renewable energy development has been guided by a variety of Public Lands Act “site release” policies and procedures that were approved in 2004. From 2004 to 2009, the Ministry received over 600 applications to develop renewable energy projects on Crown land. Over this period, many stakeholders, organizations, industry and Aboriginal communities offered their perspectives on how the 2004 era policy approach could be improved.

The legislative and policy environment for renewable energy development in Ontario changed significantly in 2009 with the passing of the Green Energy Act (2009), which placed a renewed priority on expanding the generation of renewable energy in the province. Ontario also moved forward on a number of other initiatives related to both renewable energy and Crown land management including:

• Implementing the Renewable Energy Approval Regulation (Reg. 359/09);
• Introducing new programs such as the Feed-In-Tariff and the Aboriginal loan guarantee
• Releasing the government’s Long Term Energy Plan; and
• Passing the Far North Act (2010).

For these reasons, it is time to review and update the approach that the Ontario Government takes to managing Crown land for renewable energy. The draft policy seeks to align Crown land management with the broader government direction and priorities for renewable energy. It will allow the Ministry to take a more strategic approach to making Crown land available for renewable energy development.

The following web-links provide supporting/additional information about this notice:

- Draft Renewable Energy on Crown Land Policy:

- MNR’s Phase 1 Policy Review of Renewable Energy on Crown Land
www.ontario.ca/environmentalregistry and search 010-7895 (ER link to Phase 1 decision notice for water power and onshore wind power policy amendments)

Public Consultation:

This proposal was posted for a 120 day public review and comment period starting June 15, 2012. Comments were to be received by October 13, 2012.

All comments received during the comment period are being considered as part of the decision-making process by the Ministry.

Please Note: All comments and submissions received have become part of the public record.

Other Public Consultation Opportunities:

The Ministry will advise Aboriginal communities, Provincial Treaty Organizations and other Aboriginal organizations about the draft policy. In addition to this registry posting, MNR will also use other means to seek feedback regarding the draft policy in the summer and autumn 2012, to help inform the final policy and future procedural direction related to renewable energy, including Aboriginal community economic benefits from renewable energy development on Crown land. Further information regarding additional feedback opportunities will be communicated in writing in the near future.


Carrie Hoskins
Program Officer
Ministry of Natural Resources
Policy Division
Renewable Energy Program
300 Water Street
Floor 5
Robinson Place South Tower
Peterborough Ontario
K9J 8M5
Phone: (705) 755-5115
Fax: (705) 755-5038