Proposed Ministry of the Environment Regulations to Implement the Green Energy and Green Economy Act, 2009

Regulation Number(s):
Ontario Regulation 116/01
Regulation 334
Ontario Regulation 101/07
Ontario Regulation 681/94
Ontario Regulation 73/94
Regulation 347
Instrument Type:
Bill or Act:
Summary of Proposal:
The Green Energy and Green Economy Act, 2009, was passed in the Legislature on May 14, 2009. The Act places a priority on expanding Ontario’s use of clean and renewable sources of energy including wind, water, solar, biomass and biogas power. Developing these renewable resources is a cornerstone of this province’s future prosperity.
The Ministries of Natural Resources and the Environment issue approvals for renewable energy projects and are proposing an improved approval process to ensure continued protection of human health and the environment. The ministries aim to administer their processes in a coordinated fashion with a view to integrating all provincial ministry requirements for the review and approval of renewable energy projects. A coordinated process will eliminate duplication, provide certainty and meet the requirements set out under legislation administered by various ministries.
The Ministry of Natural Resources has also posted information for public review regarding approval and permitting requirements for renewable energy projects under the Ministry of Natural Resources Act. It can be accessed by entering Registry Number 010-6708.
Environmental Protection Act, New Regulation
In order to implement the new Renewable Energy Approval under amendments to the Environmental Protection Act (Schedule G) a new regulation is proposed.

The attached document outlines the proposed content of this regulation. It identifies the complete submission requirements an application for a Renewable Energy Approval would be required to meet, including plans, studies, consultation, and technology-specific requirements such as setbacks where applicable.
Regulatory Amendments under the Environmental Assessment Act and the Environmental Bill of Rights, 1993

It is proposed that five regulations be amended as part of the new approval process under the Green Energy and Economy Act, 2009.
Environmental Assessment Act, Ontario Regulation 116/01 (Electricity Projects)
It is proposed that O. Reg 116/01 be amended to create an exception for most renewable energy generation facilities, as this term is defined in the Electricity Act, 1998. The result is that, going forward, this regulation and the Environmental Assessment Act will not apply to the establishment or change of these renewable energy generation facilities.
Further Information:
Proposal Number:
Posting Date:
November 9, 2009
Comments Due Date:
July 24, 2009