Regulation - LGIC
Proposed Revocation of O. Reg. 274/18, Siting Restrictions for Renewable Energy Generation Facilities
Regulation Number(s):
274/18
Instrument Type:
Regulation - LGIC
Bill or Act:
Electricity Act, 1998
Summary of Decision:
We decided to revoke O. Reg. 274/18 - Siting Restrictions for Renewable Energy Generation Facilities. Since municipal authority over the siting of new renewable energy projects has been restored, this regulation no longer applies to any projects.
This regulation placed provincial siting restrictions on renewable energy generation facilities (Projects) in relation to residential areas and agricultural land that complemented siting restrictions under existing environmental regulation to ensure that Projects were appropriately sited.
However, on June 1st, 2019, the Green Energy Repeal Act, 2018 (GERA) restored municipal planning authority over the siting of new Projects through amendments to the Planning Act. Following the GERA and amendments to the Planning Act, O. Reg. 274/18 continued to apply to some Projects until the end of a transition period (August 31, 2019).
As the transition period has now expired, the regulation no longer applies to any Projects. Residential and agricultural concerns about the siting of a Project that were previously addressed through this regulation are now addressed through local municipal approvals.
O. Reg. 274/18 can be revoked as it is effectively spent.
This regulation placed provincial siting restrictions on renewable energy generation facilities (Projects) in relation to residential areas and agricultural land that complemented siting restrictions under existing environmental regulation to ensure that Projects were appropriately sited.
However, on June 1st, 2019, the Green Energy Repeal Act, 2018 (GERA) restored municipal planning authority over the siting of new Projects through amendments to the Planning Act. Following the GERA and amendments to the Planning Act, O. Reg. 274/18 continued to apply to some Projects until the end of a transition period (August 31, 2019).
As the transition period has now expired, the regulation no longer applies to any Projects. Residential and agricultural concerns about the siting of a Project that were previously addressed through this regulation are now addressed through local municipal approvals.
O. Reg. 274/18 can be revoked as it is effectively spent.
Analysis of Regulatory Impact:
This regulation is effectively spent. There are no direct costs or benefits associated with this proposed revocation.
Further Information:
Link to Environmental Registry
Proposal Number:
20-ENDM030
Posting Date:
December 15, 2020
Summary of Proposal:
We are proposing to revoke O. Reg. 274/18 - Siting Restrictions for Renewable Energy Generation Facilities, which placed provincial siting restrictions on renewable energy generation facilities (Projects) in relation to residential areas and agricultural land.
As a result of the Green Energy Repeal Act, 2019 (GERA), municipal authority over the siting of new Projects has been fully restored.
The regulation is effectively spent and no longer applies to any Projects.
O. Reg. 274/18 placed provincial siting restrictions on Projects in relation to residential areas and agricultural land. It complemented siting restrictions under existing environmental regulation to ensure that Projects were appropriately sited.
On June 1st, 2019, the GERA restored municipal planning authority over the siting of new Projects through amendments to the Planning Act. Residential and agricultural concerns about the siting of a Project that were previously addressed through this regulation are now addressed through local municipal approvals.
Following the GERA and amendments to the Planning Act, O. Reg. 274/18 continued to apply to some Projects until the end of a transition period (August 31, 2019). As this transition period has now expired, we are proposing to revoke O. Reg. 274/18 as it is effectively spent.
As a result of the Green Energy Repeal Act, 2019 (GERA), municipal authority over the siting of new Projects has been fully restored.
The regulation is effectively spent and no longer applies to any Projects.
O. Reg. 274/18 placed provincial siting restrictions on Projects in relation to residential areas and agricultural land. It complemented siting restrictions under existing environmental regulation to ensure that Projects were appropriately sited.
On June 1st, 2019, the GERA restored municipal planning authority over the siting of new Projects through amendments to the Planning Act. Residential and agricultural concerns about the siting of a Project that were previously addressed through this regulation are now addressed through local municipal approvals.
Following the GERA and amendments to the Planning Act, O. Reg. 274/18 continued to apply to some Projects until the end of a transition period (August 31, 2019). As this transition period has now expired, we are proposing to revoke O. Reg. 274/18 as it is effectively spent.
Contact Address:
Effective Date:
June 9, 2021
Decision:
Approved