PSLUP - Frequently Asked Questions
What is the impact of the Transmission Corridor Transfer contained in the Reliable Energy and Consumer Protection Act?
Bill 58, the Reliable Energy and Consumer Protection Act, amended the Electricity Act resulting in the transfer of lands owned by Hydro One for its transmission system (about 50,000 acres) to the government of Ontario. The legislation recognizes the primacy of the corridor lands for transmission purposes. Hydro One keeps the primary right to use the corridor lands for transmission and distribution purposes in the form of a statutory easement. The Reliable Energy and Consumer Protection Act can be viewed here.
Were all transmission corridor lands transferred to the government?
No. Only lands owned by Hydro One to operate their transmission system were transferred, representing about 22% of Hydro One’s transmission grid. Privately owned lands where Hydro One has transmission rights through an easement are not affected.
Did the government get all the land that Hydro One owned?
No. The transfer dealt only with Hydro One lands that were used to operate the transmission system. Buildings and structures on those lands, such as transmission towers, remain the property of Hydro One. Lands owned by Hydro One that are used only for distribution of electricity also remain with Hydro One.
What is the Provincial Secondary Land Use Program?
The government has put in place a Provincial Secondary Land Use Program (PSLUP) that allows for the use of transmission corridor lands, while taking into account the primary purpose of the land for electricity transmission and distribution. This includes making sure all secondary land uses are compatible with Hydro One's existing and planned transmission and distribution installations from both a safety and overall operations/technical perspective. The Program then establishes the priority of public uses, especially those relying on contiguous use of corridors. A protocol is followed to allow for other interim uses of the corridor lands if the use meets the Program criteria and does not impede long term opportunities for the linear corridors.
What are the principles of the Provincial Secondary Land Use Program?
The primary use of the corridor land remains the transmission and distribution of electricity. The basis of the PSLUP is that Hydro One's existing and future transmission and distribution requirements, along with all technical, operational and safety requirements must first be met. Providing this is achieved, public uses then have priority consideration for secondary use of the corridor lands.
The hierarchy of secondary uses is as follows:
- New linear public uses have top priority
- New provincial/inter-regional linear public uses have priority over local uses
- New non-linear public infrastructure uses have priority over private uses
- Non-linear recreational uses have priority over private uses;
- Multi-use corridors are preferred
Please also note that:
- Interim uses are permitted
- Local public uses are considered at market value
- PSLUP is operated on a cost recovery basis. As such, recreational uses will be charged a nominal fee + maintenance and 50% of the property taxes.
What are public uses?
Public uses on transmission corridor land include transportation (roads and transit), infrastructure (water and sewage mains or pipelines) and recreation uses (parks and trails)
Public use, for the purpose of agreements under the PSLUP - refers to a use undertaken by:
- The Government of Ontario and any ministry or agency thereof;
- The Crown in right of Ontario and any ministry or agency thereof; and
- Government related agencies including:every municipality in Ontario as defined in the Municipal Affairs Act, the Municipal Act, 2001 and the City of Toronto Act, 2006;
- every university in Ontario, every college of applied art and technology and every post secondary institution in Ontario
- every school board as defined in the Education Act;
- every hospital listed in the Schedule to the Classification of Hospitals Regulations made under the Public Hospitals Act, every private hospital operated under the authority of a license issued under the Private Hospitals Act, including:
- Community Health Centres
- District Health Councils
- Public Health Units
- OHIP Offices
- Community Care Access Locations
- Hydro One Networks Inc. or a subsidiary of Hydro One Networks Inc.; and
- Conservation bodies as defined in the Conservation Land Act.
Will all non-linear recreational uses of corridor lands have priority over private commercial uses?
Subject to meeting Hydro One's existing and future transmission and distribution needs, and all technical, operational and safety requirements, public uses generally will have priority over private ones. However, IO strives to accommodate co-location of multiple uses where possible.
What are some examples of potential linear public uses?
Examples of linear public uses include: roadways, bus ways, walking and bike trails or water/sewer lines.
What is the difference between linear and non-linear uses of corridor lands?
Linear uses are those that run parallel to the transmission corridors. Examples include roadways, bus ways, walking and biking trails and pipelines, subject to Hydro One technical review.
Non-linear uses are those that use only part of the transmission corridor. Examples include: road crossings, commuter parking, water and sewage mains, garden plots, parks and playing fields.
What are some examples of private uses?
Examples of private uses include gas pipelines, parking lots, open storage, agriculture, etc.
Payment for private uses is on the basis of market value plus property taxes and application related costs (e.g. legal fees).
What secondary uses are not permitted on the hydro corridors?
Buildings and structures are not permitted on the hydro corridors.
Are temporary uses (less than a year) permitted on corridor lands
Yes, temporary uses are permitted on the corridor lands. Proponents wishing to use the corridor should contact Hydro One. All applications are subject to Hydro’s technical review.
When working on a new Official Plan or zoning by-law, should municipalities incorporate the PSLUP principles into their planning documents?
Municipal Official Plan policies and zoning provisions should clearly identify and protect for the primacy of use for electrical transmission facilities on hydro corridor lands. However, municipalities may also want to incorporate the principles of the PSLUP by developing provisions that accommodate secondary land uses that are compatible with the primacy of use and with adjacent land uses (e.g. overflow parking or open storage).
For further information, municipalities can contact IO at feedback@infrastructureontario.ca
How are Hydro One surplus corridor land dealt with?
The government disposes of the surplus corridor lands in an orderly manner. Surplus corridor lands are dealt with the same way as other provincial surplus properties (at market value), according to established guidelines and practices used by Infrastructure Ontario (IO).
Municipalities and other public bodies continue to be given priority to purchase surplus corridor lands, as in the current IO practice.
Who is responsible for maintenance of the corridor lands?
Hydro One is responsible for all maintenance on the corridor lands, according to their practices and industry standards, except where a tenant has taken on that responsibility as part of the secondary land use program.
How much will I be charged for using corridor lands?
The Provincial Secondary Land Use Program's current schedule of real estate charges and rates apply. These charges and rates will be reviewed and adjusted from time to time to reflect market conditions.
How much will municipalities be charged for trails and parks on the corridor lands?
Municipal park licences on corridor lands cost $1 per year, with the municipality assuming the cost of maintenance and 50% of the property tax of the lands.
Who processes secondary land use applications?
Hydro One and IO jointly process applications.
How long does it take to process applications?
Every effort is made to ensure that applications are processed in as timely a manner as possible. Time may vary depending upon the complexity of the applicant.
Who do I contact regarding the use of corridor lands?
Hydro One handles all inquiries related to existing tenant matters, new secondary land use proposals, and electrical transmission issues. Please dial 1-888-231-6657.
If I have a maintenance or safety concern, who should I call?
Hydro One deals with these concerns. Please dial 1-888-231-6657.