Ministry of Natural Resources
and Forestry
Crown Land Site Report for the IESO Large
Renewable Procurement 1 Request for
Proposals (LRP I RFP)*
N.B. Read carefully and complete all applicable sections. This Crown Land Site Report (CLSR) is to be submitted to the
Ministry of Natural Resources and Forestry (MNRF) by all Ontario Independent Electricity System Operatory (IESO) LRP
I RFP Registered Proponents as part of the LRP I RFP process, where a Large Renewable Energy Project is proposed
in whole or in part on provincial Crown lands or other lands** managed by MNRF. Submissions may be in hard-copy or
scanned digital format.
Registered Proponents to the LRP I RFP (“proponents”) proposing a project located in whole or in part on provincial Crown
lands, for which they have not previously been granted site access (e.g., Applicant of Record status) by MNRF for the grid cell(s)
(also referred to as “Wind Power Allocation Blocks") or water power site(s) that compose their IESO Proposal, must complete
Sections 1, 2 and 3 below.
Proponents are not required to complete a CLSR if their LRP I RFP Proposal includes only the grid cells (Wind Power Allocation
Blocks) or water power site(s) for which they have previously been granted Applicant of Record status by MNRF. Where
proponents with existing site access (e.g., Applicant of Record status) wish to apply for additional provincial Crown land or lands
managed by MNRF as part of an LRP I RFP Proposal, they must complete all sections of the CLSR for any additional locations
related to the proposed project.
Section 1: IESO LRP I Application Information
Name of Large Renewable Project
Crown Land Site Application Number***
Name of Registered Proponent ****
Address
Unit Number
Street Number
Street Name
City/Town
PO Box
Province
Telephone Number
Postal Code
Email Address
Name(s) of Signing Officer(s) *****
*
**
Information on the LRP I RFP can be found on the IESO’s home page.
Including patented beds of water bodies underneath water control structures owned by other agencies such as Ministry of Economic
Development, Employment and Infrastructure (MEDEI). For added clarity, for waterpower projects, you must complete a CLSR if your
proposed project is located at a water control structure held in title by MNRF, MEDEI or their predecessors.
*** Refers to the file number assigned by MNRF to previous Crown land renewable energy applications that have not been withdrawn or
cancelled.
**** Name of the individual(s) or corporation identified in the corresponding LRP I RFP Proposal who is/are eligible to hold land in Ontario.
***** If the Registered Proponent to the LRP I RFP is a corporation, name of individual(s) with the authority to bind the named corporation.
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© Queen's Printer for Ontario, 2015
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Section 2: Description of Provincial Crown Land Site(s)
Water Power Site
1. Attach a map identifying the water power site(s) in relation to local geographic features such as neighbouring roads, lands
and water bodies. The map scale should be between 1:20,000 and 1:40,000.
2. If applicable, enter the water power site ID number
and site name
from the Ontario Renewable Energy Atlas, Energy Atlas, and;
3. a) Enter the Global Positioning System (GPS) coordinates of the water power site location
Zone
Easting
Northing
Datum
or;
b) Enter the Geographic coordinates of the proposed water power site location
Latitude (in decimal degrees)
Longitude (in decimal degrees)
4. Watercourse or water body the proposed project is located on
Note: If applying for multiple water power sites on the same LRP I RFP Proposal, please submit additional water power site ID(s), name(s),
coordinates and watercourse/water body information on a separate copy of this page.
Solar Power, Wind Power, or Bioenergy Site
1. Attach a map identifying the grid cell, highlighted in red, which comprises the corresponding IESO LRP I RFP Proposal.
Include the grid cell(s) reference number of the cell(s) identified on the map. Also include local geographic features such as
neighbouring communities, roads, transmission corridors and water bodies. The map scale should be between 1:40,000
and 1:100,000.
Section 3: Crown Land Site Report Declaration
I, the LRP I RFP Registered Proponent
hereby declare that I have received legal advice from a solicitor licensed to practice law in the province of Ontario, as it relates to
the provincial Crown land site(s) described in Section 2 of this document and identified on the attached map, which compose part
or all of LRP 1 Project Name
,
submitted as an LRP I RFP Proposal to the IESO. Based on the aforementioned legal advice received, I, the LRP I RFP
Registered Proponent, hereby make the following declarations (initialize as required):
1. I understand that the CLSR is a document which is to accompany an IESO LRP I RFP Proposal located in whole or in part
on provincial Crown land, where the proponent has not previously been granted site access (e.g., Applicant of Record
status) by MNRF. I further understand that the CLSR is not an application for Crown land site access for the purposes of
renewable energy development under MNRF legislation or policy, and that if I am offered and execute an LRP I Contract,
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I will need to meet the requirements for Crown land site access, as established by MNRF.
2. I understand that it is my responsibility to bear all costs and expenses in connection with this CLSR document including,
without limitation, any expert advice required. MNRF shall not be liable to pay any proponent costs under any
circumstances. In particular, MNRF will not reimburse the proponent in any manner whatsoever in the event of rejection of
an LRP I RFP Proposal. The proponent irrevocably and unconditionally waives any claims against MNRF relating to the
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proponent’s costs.
3. I understand that no legal relationship has been created between MNRF and myself, the LRP I RFP Registered Proponent.
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4. I have undertaken a thorough review of the relevant resources listed in ‘Appendix A: Resources to Review’ as they relate to
the site(s) described in Section 2 above, and I understand the legal implications, responsibilities, obligations and impacts
that those findings may have on my proposed project, including the potential termination of my IESO LRP I RFP Proposal or
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executed LRP I Contract.
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5. I understand that while the provincial Crown land portions of my proposed project could be made available to me by MNRF
in order to commence a regulatory approvals review process for a proposed renewable energy project, a separate land
availability review is required to consider the availability of Crown land for road and transmission access purposes. These
decisions will be made at the MNRF’s discretion, in accordance with applicable laws, regulations and policies, as
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amended from time to time.
6. I have reviewed MNRF’s Renewable Energy Applications for Crown Land webpage, as well as the Ontario Renewable
Energy Atlas, and:
a) I have determined that the grid cells (Wind Power Allocation Blocks) or water power site(s) being applied for in my LRP I
RFP Proposal are not subject to either an executed and active energy procurement contract, or an existing Crown land
application that has been granted site access (e.g., Applicant of Record status). The exception being those site(s)
identified in Crown land application
for which I, the above-named LRP I RFP Registered Proponent, have previously been granted
number
Applicant of Record;
b) I understand that any pre-existing Crown land tenure at or near my proposed project site(s) may have implications for
my proposed project.
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7. I acknowledge that:
a) my proposed project (which for water power purposes may include reservoirs, impoundments and water control
structures or weirs) is not located on lands that are in a regulated or recommended Provincial Park or a regulated or
recommended Conservation Reserve, where the project would not qualify as an exception under section 19 of the
Provincial Parks and Conservation Reserves Act, 2006;
b) I have consulted and reviewed the Crown Land Use Policy Atlas (CLUPA) resources, including any land use
amendments, Crown land use intent, permitted uses and associated Crown land use policy direction (e.g., road access,
electrical transmission, land disposition, etc.) as they relate to my proposed project, and;
c) my proposed greenfield water power project (including any reservoirs, impoundments and water control structures or
weirs) is not located on a naturally reproducing lake trout lake designated for lake trout management, as identified in the
Inland Ontario Lakes Designated For Lake Trout Management document
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8. I acknowledge that for my bioenergy generating facility proposed for Crown land:
a) I will be required to secure a Land Use Permit (LUP) under the authority of the Public Lands Act from MNRF for the
purpose of seeking all necessary regulatory permits and approvals;
b) I may be required to purchase all Crown lands associated with my finalized project site from MNRF at current market
value; and
c) I further acknowledge that the Crown is not obligated to make wood biomass fibre (biomass) available or to issue a
Forest Resource Processing Facility Licence to construct and operate a facility as may be required in accordance with
the Crown Forest Sustainability Act, 1994.
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9. I confirm that the bioenergy power site described in Section 2: Description of Provincial Crown Land Site(s), where I need
more than 4 grid cells for my project, meets a minimum density requirement of 5 MW of project capacity per grid cell.
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10. I confirm that the solar power site described in Section 2: Description of Provincial Crown Land Sites meets a minimum
density requirement of 7 MW of project capacity per grid cell for any project proposed for more than four grid cells for the
proposed generation project site.
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11. I confirm that the wind power site described in Section 2: Description of Provincial Crown Land Sites meets a minimum
density requirement of 1.5 MW of project capacity per grid cell for the proposed generation project site.
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12. With respect to my proposed water power project, I have received advice from a professional engineer, which includes a
review of the energy potential estimate(s) relating to the water power site(s) that comprise my LRP I RFP Proposal (see:
Evaluation and Assessment of Ontario’s Waterpower Potential) and a confirmation that this proposed project will
reasonably optimize the estimated water power potential at the site(s). I further understand that MNRF has the discretion to
determine whether or not a site is being appropriately utilized and that the eventual water power optimization will be
determined through subsequent environmental assessment, water management planning and regulatory approval
processes (e.g., Public Lands Act, Lakes and Rivers Improvement Act, Endangered Species Act).
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13. I acknowledge that certain watersheds in Ontario may be subject to water management plans approved under the Lakes
and Rivers Improvement Act (LRIA), and I understand and acknowledge that these plans may have implications for my
proposed water power project.
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14. Where my proposed water power site involves an MNRF owned and/or managed water control structure, I acknowledge
and agree that:
a) I have visited the site in person with a professional engineer who has advised me on the water control structure’s current
condition, as this relates to possible renewable energy generation;
b) where my proposed site involves potential impact to any other water control structure(s), I have retained the services of
a professional engineer to advise me on the current condition of such a structure(s);
c) I may be required to take responsibility for the applicable water control structure(s) on an “as is” basis and may be
required by MNRF to assume full responsibility for the tenure, maintenance, operational control, long-term structural
integrity and liability associated with the structure(s); and
d) it is my responsibility to adhere to any terms and conditions put forth by MNRF with respect to the use or disposition,
alteration or operation of any MNRF managed water control structure(s) related to my proposed project.
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15. I have reviewed the Ministry of Northern Development and Mines’ CLAIMaps website, and I acknowledge that any existing
or future mining claims or tenure issued under the Mining Act that intersect with my energy procurement application site
may have implications for my proposed project.
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16. I acknowledge that the majority of the provincial Crown land in Ontario is subject to either Forest Resource Licenses or
Sustainable Forest Licences, and that it will be necessary to work cooperatively with the holder(s) of such licenses in order
to carry out my proposed project.
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17. I understand that there may be holder(s) of Crown land resource permits at my proposed project site including, but not
limited to: aggregate resources; fur harvest areas; recreational camps, and that it will be necessary to work cooperatively
with the holders of any such permits or licenses in order to carry out my proposed project.
18. I understand that my proposed project may also require other approvals and permits.
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19. I understand that I am responsible for obtaining all required permissions related to any private land that is required for my
proposed project, including flooding rights, riparian rights, and access and/or transmission right of way(s).
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20. I acknowledge that MNRF’s Renewable Energy on Crown Land (RECL) policy 2014 encourages economic benefits for
Aboriginal communities from all types of renewable energy development on Crown land. I further acknowledge that for
greenfield water power sites on provincial Crown land, south of the Far North and greater than 1 MW in capacity, final
Ministry approvals will be contingent on meeting the specific requirements for Aboriginal community economic benefits for
Aboriginal communities located within or adjacent to the tertiary watershed as outlined in MNRF's (2014) RECL policy.
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21. I acknowledge that the Crown has a legal duty to consult, and where appropriate, accommodate Aboriginal communities
when it has knowledge of an existing or asserted Aboriginal or treaty right and contemplates conduct that may adversely
affect that right.
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22. I understand that the ultimate legal responsibility for fulfilling the duty to consult, and where appropriate accommodate
Aboriginal communities, rests with the Crown, but that the Crown may delegate certain procedural aspects of consultation
to an industry proponent seeking approval of a development proposal, including keeping records of their consultation efforts
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to provide to the Crown informing its decision of whether or not the duty has been fulfilled.
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23. I acknowledge that the location of the proposed project outlined in my energy procurement project proposal may have an
impact on recognized or asserted Aboriginal and treaty rights and I acknowledge that these impacts could require
modifications or changes to the project in order to mitigate or avoid these impacts, as required by the Crown. I further
understand and acknowledge that my proposed project may be in an Aboriginal land claim area, and that these lands may
not be available for Crown land disposition.
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24. With respect to the Algonquin land claim consultation area I understand and acknowledge that the governments of Ontario
and Canada are currently in negotiations with the ten (10) Algonquins of Ontario communities relating to the potential
resolution of their Aboriginal rights and title claim and further that:
a) an Agreement-in-Principle (AIP) for the Algonquin’s land claim has been initialled by the parties and identifies provincial
Crown lands as proposed settlement land for transfer to the Algonquins of Ontario;
b) changes to the proposed settlement lands may be made until a Final Agreement that settles the Algonquin claim is
concluded;
c) early engagement with the Algonquin’s of Ontario by LRP 1 RFP applicants with proposed projects that fall within
the settlement area is highly recommended and;
d) Crown land site access, encumbrance or disposition for a proposed project located in whole or in part on provincial
Crown lands identified as proposed settlement lands will require the consent of the Algonquins of Ontario; and
e) the governments of Ontario and Canada are required to consult with the ten (10) Algonquin of Ontario communities on
potential dispositions and encumbrances on Crown land within the consultation area that may adversely affect any
aboriginal rights or title that the Algonquins may have and suc consultation may result in a requirement that Algonquin
interests in Crown lands be accommodated. Please review the Consultation Process Interim Measures Agreement for
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information on consulting with the Algonquins of Ontario.
25. I have reviewed MNRF’s Far North of Ontario website, including information on land use planning in the Far North.
I acknowledge that if my proposed project is located on provincial Crown land in the Far North of Ontario, any potential
development is subject to the legislative requirements of the Far North Act, in addition to other applicable legislation and
Crown land policy.
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26. I understand that any document or communication with MNRF, including this Crown Land Site Report, becomes Crown
property and is subject to the provisions of the Freedom of Information and the Protection of Privacy Act R.S.O. 1990, c.
F.31, as amended, and may be released under that Act
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27. I understand that it is my responsibility to clearly indicate any confidential information in my Crown Land Site Report for
which confidentiality is to be maintained by MNRF and its technical advisors. Confidential information and documents
should be stamped specifically as 'Proprietary and Confidential'. Confidential information may include any documents or
materials which identify a trade secret or provide communications and alliances, commercial or technical information, which
are being supplied in confidence, and where disclosure could be harmful to the applicant's competitive position, or result in
undue loss or gain to any person or organization.
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28. I understand that the rights reserved to MNRF are in addition to any other express rights or other rights which may be
implied in the circumstances and MNRF shall not be liable for any expenses, costs, losses or any direct or indirect damages
incurred or suffered by any applicant or any third party resulting from MNRF exercising any of its expressed or implied
rights.
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Signature
I declare that I have reviewed and carefully considered all items in Section 3 above in the submission of Large Renewable
Project name
,
and I make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as
if made under oath and by virtue of the Evidence Act (Ontario). I also acknowledge that this completed Crown Land Site Report
does not constitute an application for Crown land under the Public Lands Act, or other MNRF legislation (e.g., LRIA location
approval) and carries with it no right of title or interest or right to access the site(s).
Name (Please Print)
Title (I have the authority to bind the herein named corporation)
Signature
Witness (Signature)
Name (Please Print)
Title (I have the authority to bind the herein named corporation)
Signature
Witness (Signature)
Dated (yyyy/mm/dd)
Depending on the geographic location of the proposed Crown land project, submit hardcopies to the following locations. Clearly
scanned digital copies of completed Crown Land Site Reports and any corresponding documentation may also be sent via
email to the addresses below:
For projects in MNRFs Southern Region:
Jim Beal
Renewable Energy Coordinator
Southern Region
Regional Operations Division
Ontario Ministry of Natural Resources and Forestry
300 Water Street
Peterborough ON K9J 3C7
[email protected]
For projects in MNRFs Northeast Region:
Chris Marr
Regional Land Use Planning Supervisor
Northeast Region
Regional Operations Division
Ontario Ministry of Natural Resources and Forestry
Ontario Government Complex
5520 Hwy 101 E
PO Bag 3020
South Porcupine ON P0N1H0
[email protected]
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For projects in MNRFs Northwest Region:
Londa Mortson
Regional Land Use Planning Supervisor
Northwest Region
Regional Operations Division
Ontario Ministry of Natural Resources and Forestry
425 James Street South
Thunder Bay ON P7E 6S8
[email protected]
If you are unsure which MNRF region your project is located in, please use the administrative boundary layer on the MNRF
Renewable Energy Atlas at:
http://www.giscoeapp.lrc.gov.on.ca/web/MNRF/Integration/Renewable/Viewer/Viewer.html
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Appendix A: Resources to Review
•
Ministry of Natural Resources and Forestry’ (MNRF’s) Renewable Energy home page:
https://www.ontario.ca/rural-and-north/renewable-energy-crown-land
•
MNRF’s Applications For Crown Land webpage:
https://www.ontario.ca/rural-and-north/renewable-energy-crown-land
•
MNRF’s Crown Land Use Policy Atlas (CLUPA) home page:
https://www.ontario.ca/rural-and-north/crown-land-use-policy-atlas
•
MNRF’s Land use amendments in Southern Ontario
https://www.ontario.ca/document/find-land-use-amendments-southern-ontario
•
MNRF’s Far North of Ontario home page:
http://www.ontario.ca/environment-and-energy/far-north-ontario
•
MNRF’s Forest Management home page:
http://www.ontario.ca/rural-and-north/forestry
•
MNRF’s Inland Ontario Lakes Designated for Lake Trout Management document:
http://www.ontla.on.ca/library/repository/mon/14000/262222.pdf
•
MNRF’s Land Information Ontario (LIO) home page (access to geographic data about Ontario):
http://www.MNRF.gov.on.ca/en/Business/LIO/index.html
•
MNRF’s Natural Heritage Information Centre (NHIC):
https://www.ontario.ca/environment-and-energy/natural-heritage-information-centre
•
MNRF’s Ontario Renewable Energy Atlas:
http://www.giscoeapp.lrc.gov.on.ca/web/MNRF/Integration/Renewable/Viewer/Viewer.html
•
Ministry of Aboriginal Affairs home page:
http://www.ontario.ca/ministry-aboriginal-affairs
•
Ministry of Aboriginal Affairs’ Algonquin Land Claim home page:
http://www.ontario.ca/aboriginal/algonquin-land-claim/
•
Ministry of Northern Development and Mines’ CLAIMaps website:
http://www.mndm.gov.on.ca/mines/claimaps_e.asp
•
Ministry of Energy’s Renewable Energy Facilitation Office (REFO):
http://www.energy.gov.on.ca/en/renewable-energy-facilitation-office/
Ministry of the Environment and Climate Change (MOECC) Renewable Energy Approval Application Requirements
webpage:
https://www.ontario.ca/environment-and-energy/renewable-energy-approvals
MOECC’s Environmental Assessments (EA) page:
https://www.ontario.ca/environment-and-energy/environmental-assessments
•
•
•
Ontario Land Registry Office Locations:
http://www.ontario.ca/en/information_bundle/land_registration/content/STEL02_165696
•
Independent Electricity System Operator home page:
http://www.ieso.ca/
•
Independent Electricity System Operator Large Renewable Procurement page:
http://www.ieso.ca/Pages/Participate/Generation-Procurement/Large-Renewable-Procurement.aspx
•
Ontario Waterpower Association’s (OWA’s) Class Environmental Assessment For Waterpower Projects page:
http://www.owa.ca/class-ea/
Evaluation and Assessment of Ontario’s Waterpower Potential document:
http://www.owa.ca/assets/files/links/Waterpower_Potential_Nov2005.pdf
• Far North Act, 2010 (Bill 191):
http://www.search.e-laws.gov.on.ca/en/isysquery/dd508042-c120-4b96-ae08-44f5df191eee/2/doc/?
search=browseStatutes&context=#hit1
Print Form
•
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