Regulation - LGIC

Amendments to O. Reg. 359/09 (Renewable Energy Approvals under Part V.0.1 of the Environmental Protection Act)

Regulation Number(s):
O. Reg. 359/09
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act
Summary of Decision:
O. Reg. 359/09 Renewable Energy Approvals under Part V.0.1 of the Act (REA regulation) is intended to support the Ontario Government's Green Energy initiative to expand renewable energy generation, encourage energy conservation and promote the creation of clean energy jobs, while upholding our commitment to protecting the environment.

On August 4, 2015, the Ministry of the Environment and Climate Change (MOECC) proposed amendments to the REA regulation to reflect the most recent Canadian Standards Association (CSA) 2013 Noise Standard, "Wind Turbine Generator Systems: Acoustic Noise Measurement Techniques". The CSA Standard is used by proponents for the purposes of determining the sound power level of wind turbines under the REA regulation. The proposed amendments also addressed advancements in wind turbine technology, issues related to operational flexibility and continued protection of noise receptors. An amendment was also proposed that related to the natural feature protection and assessment sections of the REA regulation to reflect current practices in the province. Additional minor amendments were also proposed to clarify other aspects of the REA regulation.

After consideration of the feedback received that was relevant to the proposal, a decision has been made to implement amendments to O. Reg. 359/09.
The amending regulation was filed with the Registrar of Regulations as Ontario Regulation (O. Reg. 97/16) on April 14, 2016. The regulatory amendments come into force on May 1, 2016. The regulatory proposal posting was extended on the Environmental Registry for another 14 days to provide for additional public consultation and ended on October 2, 2015 for a total of 59 days, extending the standard consultation timeline. The ministry carefully considered all comments received during the comment period in response to the posting and has changed the regulatory implementation date from January 1, 2016 to May 1, 2016.
Further Information:
Proposal Number:
15-MOE012
Posting Date:
August 4, 2015
Summary of Proposal:
The Ministry of the Environment and Climate Change (MOECC) is proposing amendments to the REA regulation to reflect the most recent Canadian Standards Association (CSA) 2013 Noise Standard, "Wind Turbine Generator Systems: Acoustic Noise Measurement Techniques". The CSA Standard is used by proponents for the purposes of determining the sound power level of wind turbines under the REA regulation. The amendments also address advancements in wind turbine technology, issues related to operational flexibility and continued protection of noise receptors. An amendment is also being proposed that relates to the natural feature protection and assessment sections of the REA regulation to reflect current practices in the province. Additional minor amendments are also being proposed to clarify other aspects of the REA regulation.
Contact Address:
Effective Date:
May 1, 2016
Decision:
Approved