Proposed Amendments to O.Reg. 359/09 (Renewable Energy Approvals)
Regulation - LGIC
Bill or Act:
Environmental Protection Act, R.S.O. 1990
Summary of Decision:
As a key pillar in supporting the development of Ontario’s green economy, the Ontario government established O. Reg. 359/09 (Renewable Energy Approvals) under the Environmental Protection Act, on September 24, 2009. The regulation governs the approach to regulating renewable energy generation facilities based on transparency and clear, up-front provincial rules, while ensuring that the environment and human health are protected.
Since the regulation came into force, certain provisions of the regulation have been identified as needing further clarity or detail to bring them in line with the original intent of the regulation. The Ministry has made amendments to the regulation to strengthen and clarify those provisions.
The amending regulation was filed with the Registrar of Regulations as Ontario Regulation (O.Reg. 521/10) on December 20, 2010.
The regulatory amendments come into force on January 1, 2011.
October 7, 2010
Summary of Proposal:
The Green Energy and Green Economy Act, 2009 was passed by the Legislature on May 14, 2009. The Act places 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 Ontario’s future prosperity and the government’s plan to combat climate change and phase out coal. As a key pillar in supporting the development of Ontario’s green economy, the Ontario government made O. Reg. 359/09 (Renewable Energy Approvals) under the Environmental Protection Act, which came in to force on September 24, 2009. This regulation offers an approach to regulating renewable energy generation facilities that is based on transparency and clear, up-front provincial rules, while ensuring that the environment and human health are protected.
The Renewable Energy Approval (REA) process is intended to support the Green Energy initiative and the Ontario Government’s Climate Change Action Plan that will reduce greenhouse gas emissions, increase renewable energy generation and energy conservation, and create thousands of green jobs in Ontario. The REA integrates provincial review of the environmental matters that were previously addressed through the local land use planning process (e.g. zoning or site planning), the environmental assessment process and the environmental approvals process (e.g. Certificates of Approval, Permits to Take Water).
The Ministry of the Environment (MOE) is proposing to amend O.Reg.359/09 to provide additional clarity with respect to certain regulatory requirements for activities subject to the regulation. Proposed amendments will also strengthen some requirements in the regulation that have been identified through implementation of the regulation since coming into force.
Senior Program Advisor
Ministry of the Environment
Environmental Programs Division
Program Planning and Implementation Branch
135 St. Clair Avenue West
January 1, 2011