Regulation - LGIC

Removing Local Barriers to Renewable Energy Installations: Proposed Regulation

Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Green Energy Act, 2009
Summary of Decision:
The Ministry has finalized Ontario Regulation 15/10 (Designation of Renewable Energy Projects), which, for the purpose of assisting in the removal of barriers to and promoting opportunities for the use of renewable energy, designates the following renewable energy installations:
• Roof or wall mounted solar photovoltaic;
• Roof or wall mounted solar thermal water/air; and
• Ground source heat pump

The regulation took effect on February 9, 2010. A link to the official regulation is provided in the “Extra Information” section of this notice.

The regulation was made under section 5 of the Green Energy Act, 2009 and overrides restrictions in law including restrictive by-laws, covenants and agreements which restrict the use of the designated renewable technologies.

At the same time, the regulation ensures that local requirements (e.g., Building Code) and provincial Acts (e.g., Clean Water Act, 2006) related to health, safety, heritage, and environmental concerns would continue to be in effect.

The Ministry’s decision to finalize this regulation is also consistent with the Ministry’s existing Statement of Environmental Values (Ministry of Energy, Science, and Technology). The SEV’s Strategic Directions note the Ministry’s role in encouraging environmentally sustainable energy production and conservation of energy. The Ministry has concluded that this initiative will enable Ontarians to conserve energy and generate electricity from cleaner sources, reducing their energy costs and bringing environmental benefits through reductions in air emissions.

Further Information:
Proposal Number:
Posting Date:
May 27, 2009
Summary of Proposal:
The Ministry of Energy and Infrastructure (“the Ministry”), under the proposed Green Energy Act, 2009 (Schedule A of Bill 150, the Green Energy and Green Economy Act, 2009) is proposing a regulation that would designate specified renewable energy installations that will be exempt from local legal barriers that prevent or restrict their use.

Section 4 of the proposed Green Energy Act, 2009 would permit the Lieutenant Governor in Council to designate renewable energy projects or renewable energy sources by regulation to assist in the removal of barriers to and to promote opportunities for the use of renewable energy sources. Such legal barriers are typically found in municipal by-laws, condominium by-laws, encumbrances on real property, or agreements.

This proposed regulation would designate the use of renewable energy installations including:
• Roof or wall mounted solar photo voltaic;
• Roof or wall mounted solar thermal water/air; and
• Ground source heat pump.

At a future date, the ministry will post a document on the Environmental Registry that will discuss building mounted micro wind turbines. The posting will address standards related to size, noise and performance ratings.

The proposed regulation would also identify those local legal barriers that exist in municipal by-laws, condominium by-laws, encumbrances on real property, or agreements which would be permitted to continue to operate with respect to renewable energy installations in recognition that some cultural, health, safety and environmental by-laws should be protected. The Ministry is seeking input on which by-laws, instruments or other restrictions should continue to operate and be included in the proposed regulation to ensure the above considerations are protected.

An example of these by-laws would be provisions under the Municipal Act that empower municipalities to develop by-laws that prohibit or regulate the destruction or injuring of trees.

The proposed regulation does not apply to restrictions imposed by provincial Acts or regulations (e.g., Ontario Building Code).
Contact Address:
Alan Kirschbaum
6th Flr
880 Bay St.
Toronto, ON
M7A 2C1
Effective Date:
February 9, 2010