Ontario Power Authority Feed-in-Tariff 3 Program (for projects above 10 kW and below 500 kW)

November 2013

Background

This procedural guidance document is intended for those proponents with renewable energy projects proposed in whole or in part on provincial Crown land who have received a Feed-In Tariff (FIT) 3 energy procurement contract offer by the Ontario Power Authority (OPA). This guidance does not apply to:

• OPA FIT 3 contract recipients that have previously been granted site access to provincial Crown land (e.g. Applicant of Record status) by the Ministry of Natural Resources (The ministry) for all of the sites in their FIT 3 application; or
• OPA FIT 1 or FIT 2 contract recipients. These contract holders will continue to follow the existing Crown land site release requirements under the applicable policies and procedures ^{footnote 1[1]}

Under this procedural guidance, the ministry will provide direct access to provincial Crown land for successful OPA FIT 3 contract recipients (“contract recipients”).

Under Section 2(1) of the Public Lands Act, the Minister of Natural Resources has the authority to approve or deny any application for the use of provincial Crown land managed by the ministry. The opportunity to pursue a renewable energy project proposed on provincial Crown land is also dependent on the applicant’s relevant FIT 3 contract being in good standing with the OPA.

Post-contract process

1. Proponents receive FIT 3 contract offers by the OPA. Contract recipients that do not have an existing provincial Crown land application will receive a letter from the ministry directing them to complete and submit an Application for Crown Land (“application”) to the ministry, along with the appropriate application fee(s), within 20 days of receiving a FIT 3 contract offer by the OPA.
   The ministry will also provide contract recipients with information on the Crown’s duty to consult with Aboriginal peoples whose asserted or established Aboriginal or treaty rights may be adversely affected by the proposed development.
2. The ministry will forward a copy of new applications for provincial Crown land to the Provincial Mining Recorder’s office of the Ministry of Mines.
3. The ministry will process new and existing applications for provincial Crown land and will advise applicants in writing. Upon being granted site access to provincial Crown land, the applicant may then commence the regulatory approvals review process. Applicants should note that an application to access Crown land for potential renewable energy development does not provide any right, title, or interest in land, and is non-transferable. Once site access has been granted, an application may be transferable at the discretion of the Ministry. There is no ability to mortgage or charge such an application.
4. The ministry will notify local Aboriginal communities that it has processed an application for provincial Crown land for the purposes of developing a renewable energy project. Comments received by the ministry from local Aboriginal communities following this notification will be forwarded to the provincial Crown land applicant for their consideration during the regulatory approvals process.
5. The ministry will advise other ministries, agencies and the local municipality (if applicable) that it has received and processed an application for the purpose of developing a renewable energy project on provincial Crown land.

Appendix A: Fees

All fees are subject to applicable taxes.

Wind power fees

Water power fees

Solar power fees

Appendix B: Process for FIT 3 contract recipients of renewable energy projects proposed on provincial Crown land

• Provincial Crown land FIT 3 application is offered and energy procurement contract by the OPA.
• 1.0 Submission of Application for Crown Land 
  • Within 20 days of receiving a contract offer from the OPA, contract recipients without an existing Crown land application submit an Application for Crown Land to the ministry. The ministry advises contract recipients of the Crown’s duty to consult
• 2.0 Receipt of Application for Crown Land
  • The ministry forwards new Application for Crown Land submissions to the Ministry of Mines Provincial Mining Recorder’s office.
• 3.0 Application for Crown Land Processing
  • The ministry processes the Application for Crown Land and advises the applicant in writing Upon being granted site access the applicant the commences and proceeds through the regulatory review process
• 4.0 Aboriginal, Municipal & Agency Notification
  • The ministry notifies local Aboriginal communities, other ministries, agencies and local municipalities that an Application for Crown Land has been processed