Amendments to O.Reg. 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act), Reg. 334 (General) and the Technical Guide to Renewable Energy Approvals
O. Reg. 359/09
Bill or Act:
Environmental Assessment Act, R.S.O. 1990, Environmental Protection Act, R.S.O. 1990
Summary of Decision:
The Ministry of the Environment (ministry) has made regulatory amendments to O. Reg. 359/09 under the Environmental Protection Act (EPA) and to Regulation 334 under the Environmental Assessment Act (EAA). The proposed amendments reflect public and proponent concerns that were raised as part of the Ministry of Energy's Feed-in Tariff (FIT) Program Two-Year Review, as well as the regulatory ministries' experience gained since the implementation of the REA regulation.
The amending regulations were filed with the Registrar of Regulations as Ontario Regulations (O. Reg. 195/12 and O. Reg. 196/12) on June 29, 2012. The regulatory amendments come into force on July 1, 2012.
The ministry received a number of submissions that were not specifically related to the proposed amendments. Some comments were related to specific projects which were shared with the ministry's operational/approval staff responsible for reviewing site-specific REA applications. The ministry also received general comments related to the broader FIT program rules, perceived effects of wind turbines on health and/or property values, loss of municipal decision-making authority, electricity generation/consumption and prices, and the Government's green agenda.
A number of revisions and updates to the ministry's Technical Guide for Renewable Energy Approvals (Technical Guide) were also proposed as part of this regulatory posting to provide additional guidance in support of the regulatory amendments and in response to comments from stakeholders coming out of the FIT review. Comments received with regard to the Technical Guide are currently under consideration and no decision has been made yet. Once the Technical Guide is finalized, a decision notice will be posted to the Environmental Registry.
April 2, 2012
Summary of Proposal:
The Renewable Energy Approval (REA) regulation (O. Reg. 359/09) is intended to support the Ontario Government's Green Energy initiative to expand renewable energy generation, encourage energy conservation and promote the creation of clean energy jobs. The Renewable Energy Approval process is based on clearly communicated complete submission requirements, whereby proponents of renewable energy projects know in advance what studies and reports are expected of them in preparing a complete application for an environmental approval.
The Ministry of the Environment (MOE) is proposing regulatory amendments to O.Reg. 359/09 under the Environmental Protection Act (EPA) and to Reg. 334 under the Environmental Assessment Act (EAA) to streamline the regulatory process for renewable energy projects as part of the response to the Feed-in-Tariff (FIT) review, and provide additional clarity.
A number of revisions and updates to the Ministry's Technical Guide for Renewable Energy Approvals (Technical Guide) are also being proposed to provide additional guidance in support of the proposed amendments and in response to comments from industry and stakeholders coming out of the FIT review. The purpose of the Technical Guide is to provide an explanation of the requirements to complete an application for an REA in accordance with O. Reg. 359/09 under the EPA.
Ministry of the Environment
Environmental Programs Division
Modernization of Approvals Project
Green Energy Approvals
135 St.Clair Avenue West
Phone: (416) 325-7893
July 1, 2012