Regulation - LGIC

Municipal Ownership of Energy from Waste - Amendments to Ontario Regulation 215/07

Regulation Number(s):
Bill or Act:
Electricity Act, 1998
Summary of Proposal:
The municipalities of Durham and York are developing a new energy from waste facility that will generate electricity and provide a local solution to manage municipal waste that cannot be reused or recycled. On November 19, 2010, the Ontario Ministry of the Environment announced the approval of the proposed energy from waste facility under the Environmental Assessment Act, with strict conditions on issues such as air emissions. The project has also received approval under the Environmental Protection Act and is proceeding into detailed design, construction and operation of the facility. The Regions of Durham and York intend to proceed with construction of the facility with commercial operation expected in 2014. The plant has been approved to process up to 140,000 tonnes of residual municipal waste per year.

To support this initiative, the Ministry of Energy is proposing two amendments to O. Reg. 215/07. The first addresses the issue of municipal ownership of generating facilities by municipalities, which was restricted by the Electricity Act in 1998. The proposed amendment would allow the facility, which is principally a waste management facility, to be municipally-owned by the Municipalities of Durham and York. The amended regulation would recognize that municipal ownership is a common ownership structure for waste management facilities.

The regulation would also be amended to include a definition of municipal waste to clarify that it accords with the definition of municipal waste in the Environmental Protection Act.

Further Information:
Proposal Number:
Posting Date:
March 5, 2012
Comments Due Date:
April 19, 2012
Contact Address:
Allan Jenkins
Ministry of Energy
3rd Flr
880 Bay St
Toronto ON