Proposed amendments to O. Reg. 274/18, Siting Restrictions for Renewable Energy Generation Facilities
Regulation - LGIC
Bill or Act:
Electricity Act, 1998
Summary of Decision:
Amendments were made to the regulation to align with new transition rules related to the restoration of municipal planning authority resulting from changes made to the Planning Act by the Green Energy Repeal Act, 2018.
Analysis of Regulatory Impact:
December 4, 2018
Summary of Proposal:
Upon proclamation into force, the Green Energy Repeal Act, 2018 (GERA) would restore municipal planning authority over Projects. The GERA would also create regulation-making authority under the Planning Act to transition to the restoration of municipal planning authority.
The Ministry of Municipal Affairs and Housing is proposing a regulation to address this transition ("Transition Regulation") . The proposed Transition Regulation would establish the transition rules for operational Projects, and eligible Projects that are in development. Projects captured by the Transition Regulation would continue to be subject to any applicable siting restrictions imposed through current regulation, including the Siting Regulation.
The Ministry of Energy, Northern Development and Mines is proposing to amend the Siting Regulation by adding a criterion to limit the application of the regulation to Projects that are captured by the provisions of the Transition Regulation.
Following the transition period contemplated by the Transition Regulation, the Siting Regulation would no longer apply to any Projects.
June 1, 2019