Monitoring of Adverse…

Monitoring of Adverse Effects:
The proposed amendment states that “Wind facility operators choosing to pursue a custom approach to minimizing adverse effects on bat species at risk would be required to submit monitoring reports annually to the ministry for three successive years after preparing or updating their associated mitigation plan.” Section 23.20 (13) of O. Reg. 242/08 requires monitoring for the first three years plus every 5 years thereafter. We are in support of the change to the Regulation to remove the monitoring requirement for every 5 years thereafter. Further, multiple wind facilities have already implemented curtailment and conducted several years of post-construction/effectiveness monitoring which has demonstrated a successful minimization of impacts on these bat species. Such facilities should not be required to conduct an additional three years of monitoring when previous studies have already demonstrated the intended outcome. It is our recommendation that credit be given to previous studies towards the monitoring requirement.

Application of the Conditional Exemption for Wind Facilities
Section 23.20 (5) of O. Reg. 242/08 currently limits the option for wind facilities to apply for a conditional exemption and the associated timing to prepare a mitigation plan to either: for species added on or after January 24, 2013, by no later than the third anniversary of the day the species was added; or, if the species first appears after the facility began operations, by no later than three years after the species first appears. Further to this, Section 23.20 (6) of O. Reg. 242/08 states that a wind facility who was not issued or submitted a renewable energy approval prior to July 1, 2013, must prepare a mitigation plan before the day the person submits the application. The Minister must also approve the above noted mitigation plan. These timing restrictions are extremely burdensome to most wind facilities in Ontario and greatly reduce the ability for wind facilities to seek a conditional exemption. During Ministry held consultation of the proposed amendments, Ministry staff indicated that these timing requirements would be removed and that wind facilities could apply for a conditional exemption for all species listed on the Species at Risk in Ontario List, not just for the newly listed species. Consistent with the Ministry’s stated objective to reduce burden for proponents seeking ESA authorizations, improve business certainty, and maintain protections for species at risk, we implore the Ministry to remove the timing restrictions for wind facilities to apply for a conditional exemption and the associated requirement for the Minister to approve mitigation plans for all protected species. Doing so will allow the Ministry to streamline approvals for the routine operation of wind facilities where the wind industry has known ways to reduce impacts to species and provide the appropriate protections as required by the Endangered Species Act.