Regulation - LGIC
Amending the Renewable Energy Approvals Regulation to help restore municipal authority
Regulation Number(s):
N/A
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act
Summary of Decision:
We have amended the regulation to require project developers to submit written confirmation from local municipal authorities indicating that the proposed use of land at the project location is not prohibited by a zoning by-law or zoning order under the Planning Act.
Applicants will need to provide this confirmation to be eligible to apply for or receive a renewable energy approval. The written confirmation must be prepared by:
each local municipality where the project is located, or
each planning board that has jurisdiction in the area, or
the Ministry of Municipal Affairs and Housing (MMAH), if the project location is situated in an area without municipal organization or a planning board.
These changes apply to new renewable energy projects as well as existing projects if they propose to expand their facility onto a new parcel of land.
The changes apply to all applications for renewable energy approvals that are currently under review by the ministry.
These changes are consistent with the proposed amendments to the Planning Act and reflects our commitment to restore municipal planning authority over the siting of renewable energy projects.
Applicants will need to provide this confirmation to be eligible to apply for or receive a renewable energy approval. The written confirmation must be prepared by:
each local municipality where the project is located, or
each planning board that has jurisdiction in the area, or
the Ministry of Municipal Affairs and Housing (MMAH), if the project location is situated in an area without municipal organization or a planning board.
These changes apply to new renewable energy projects as well as existing projects if they propose to expand their facility onto a new parcel of land.
The changes apply to all applications for renewable energy approvals that are currently under review by the ministry.
These changes are consistent with the proposed amendments to the Planning Act and reflects our commitment to restore municipal planning authority over the siting of renewable energy projects.
Analysis of Regulatory Impact:
Consistent with provincial objectives, the proposed amendments would require proponents for projects under review and any future projects/applications to demonstrate demand for the electricity produced and that appropriate zoning is in place. If the criteria cannot be met, a project will not be eligible for a REA.
While there may be additional time or administrative steps required to gather adequate documentation, it is expected that the additional costs that proponents may face will be negligible (estimated on the order of $3000 to $6000 due to time required to learn about the new requirements and prepare documents).
There is no anticipated marginal cost to government for implementation and delivery of this proposal, as the time required to review the additional documentation is minimal and can be accommodated by the existing program.
The proposal will impact revenue generated from renewable energy approval applications as three wind projects will be ineligible for renewable energy approvals and may receive partial refunds.
While there may be additional time or administrative steps required to gather adequate documentation, it is expected that the additional costs that proponents may face will be negligible (estimated on the order of $3000 to $6000 due to time required to learn about the new requirements and prepare documents).
There is no anticipated marginal cost to government for implementation and delivery of this proposal, as the time required to review the additional documentation is minimal and can be accommodated by the existing program.
The proposal will impact revenue generated from renewable energy approval applications as three wind projects will be ineligible for renewable energy approvals and may receive partial refunds.
Further Information:
Link to Environmental Registry
Proposal Number:
18-MECP015
Posting Date:
December 4, 2018
Summary of Proposal:
Proposed regulation amendments
In Ontario, you need a renewable energy approval for the construction, operation and maintenance of large wind, solar or bio-energy projects. The Renewable Energy Approvals Regulation (Ontario Regulation 359/09) outlines criteria for applicants to get a renewable energy approval.
We are proposing to amend the regulation to require project developers to submit written confirmation from local municipal authorities indicating that the proposed use of land at the project location is not prohibited by a zoning by-law or zoning order under the Planning Act.
Project developers will be required to provide this confirmation to be eligible to apply for or receive a renewable energy approval.
The written confirmation must be submitted by the project developer as part of their application or as otherwise requested by the ministry, and prepared by:
• each local municipality where the project is located or by each planning board that has
jurisdiction in the area, or
• the Ministry of Municipal Affairs and Housing, if the project location is situated in an area
without municipal organization or a planning board
This would apply to:
• initial applications for a renewable energy approval
• applications the ministry is already reviewing
• applications to amend a renewable energy approval where the proposed change would take
place in a different location than the original project
This proposal is consistent with the proposed amendments to the Planning Act and reflects our commitment to restore municipal planning authority over the siting of renewable energy projects.
Project developers would not be required to make the municipal confirmation available to the public before final public meetings.
Purpose of Regulation
The Ministry of Energy, Northern Development and Mines introduced the Green Energy Repeal Act, 2018. If passed, the act would:
• repeal the Green Energy Act, 2009, and amend other existing legislation with the goal of
helping consumers lower their energy costs
• amend the Planning Act to restore municipal planning authority related to the siting of
renewable energy generation facilities
We are proposing to amend the Renewable Energy Approvals Regulation to align with these changes.
Other Information
The Ministry of Municipal Affairs and Housing is also proposing a regulation to address transition issues related to restoring municipal planning authority.
The proposed regulation would:
• establish the transition rules for grandfathering existing renewable energy projects, as these
projects may not comply with municipal planning documents and would require regulatory
protection to continue
• provide that, despite its repeal, section 62.0.2 of the Planning Act would continue to apply to
specific renewable energy projects in specific circumstances
In Ontario, you need a renewable energy approval for the construction, operation and maintenance of large wind, solar or bio-energy projects. The Renewable Energy Approvals Regulation (Ontario Regulation 359/09) outlines criteria for applicants to get a renewable energy approval.
We are proposing to amend the regulation to require project developers to submit written confirmation from local municipal authorities indicating that the proposed use of land at the project location is not prohibited by a zoning by-law or zoning order under the Planning Act.
Project developers will be required to provide this confirmation to be eligible to apply for or receive a renewable energy approval.
The written confirmation must be submitted by the project developer as part of their application or as otherwise requested by the ministry, and prepared by:
• each local municipality where the project is located or by each planning board that has
jurisdiction in the area, or
• the Ministry of Municipal Affairs and Housing, if the project location is situated in an area
without municipal organization or a planning board
This would apply to:
• initial applications for a renewable energy approval
• applications the ministry is already reviewing
• applications to amend a renewable energy approval where the proposed change would take
place in a different location than the original project
This proposal is consistent with the proposed amendments to the Planning Act and reflects our commitment to restore municipal planning authority over the siting of renewable energy projects.
Project developers would not be required to make the municipal confirmation available to the public before final public meetings.
Purpose of Regulation
The Ministry of Energy, Northern Development and Mines introduced the Green Energy Repeal Act, 2018. If passed, the act would:
• repeal the Green Energy Act, 2009, and amend other existing legislation with the goal of
helping consumers lower their energy costs
• amend the Planning Act to restore municipal planning authority related to the siting of
renewable energy generation facilities
We are proposing to amend the Renewable Energy Approvals Regulation to align with these changes.
Other Information
The Ministry of Municipal Affairs and Housing is also proposing a regulation to address transition issues related to restoring municipal planning authority.
The proposed regulation would:
• establish the transition rules for grandfathering existing renewable energy projects, as these
projects may not comply with municipal planning documents and would require regulatory
protection to continue
• provide that, despite its repeal, section 62.0.2 of the Planning Act would continue to apply to
specific renewable energy projects in specific circumstances
Contact Address:
Service Integration Unit
Phone number
416-314-8350
Email address
ServiceIntegration@ontario.ca
Phone number
416-314-8350
Email address
ServiceIntegration@ontario.ca
Effective Date:
June 11, 2019
Decision:
Approved