Below is a parsed version of…

Below is a parsed version of the draft regulation including PEC comments (full version sent to MOECP)

ONTARIO REGULATION
To be made under the
ENVIRONMENTAL PROTECTION ACT
CLOSURE OF THE WHITE PINES WIND FACILITY

Interpretation
1. (1) In this Regulation,

“Company” means wpd White Pines Wind Incorporated and includes its successors and assignees; (“French”)

“Director” means,

(a) the Director appointed under section 5 of the Act in respect of the section of this Regulation in which the reference appears or,

(b) if no Director described in clause (a) has been appointed, any Director appointed under section 5 of the Act in respect of section 47.5 of the Act; (“French”)

“District Manager” means the Ministry’s District Manager of the district office of the district in which the project location is situated; (“French”)

“facility” means the White Pines wind facility described in Schedule A of this Regulation; (“French”)

“project location” means,

(a) the land on which the facility is located, and

(a)(b) municipal road allowances, whether laid out by Crown surveyors and/or forced roads, upon or within which the facility is located, and

(cb) the land and all or part of any building or structure in, under, on or over which a person is engaging in or proposes to engage in an activity to carry out the closure of the facility, where the land, building or structure is adjacent to the land on which the facility is located; (“French”)

“technical closure document” means the document entitled “Technical Requirements for the Closure of the White Pines Wind Facility” published by the Ministry and available on a Government of Ontario website, as amended from time to time; (“French”)

“wind facility” has the same meaning as in O. Reg. 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) made under the Act; (“French”)

“wind turbine” means any of the components listed in subsection (2), whether or not they are constructed or installed. (“French”)

(2) The following are the components referred to in the definition of “wind turbine” in subsection (1):

1. A structure that supports an electrical generator used to convert wind energy into electricity.

2. Electrical and mechanical equipment, including electrical generators, used to convert wind energy into electricity.

3. The base and foundation of a structure described in paragraph 1.

Closure of White Pines facility
2. (1) The Company shall carry out the closure of the facility in accordance with,
(a) this Regulation;

(b) the technical closure document; and

(c) the technical reports listed in Schedule B to this Regulation.

(2) The closure of the facility, including the monitoring to be carried out under subsection 7 (3), must be completed within two years after the day this Regulation comes into force.

Exemption, subs. 47.3 (1) of the Act
3. Subsection 47.3 (1) of the Act does not apply to a person who is engaging in a renewable energy project in respect of the closure of the facility.

No final disposal of waste
4. No waste generated as part of the closure of the facility shall remain at the project location after the date specified in subsection 2 (2) unless the waste,

(a) is in respect of electrical collector or distribution lines; and

(b) is dealt with in accordance with the technical closure document.

Notice re change of ownership
5. The Company shall immediately notify the Director and the District Manager, in writing, of the following:

1. Any change in the facility’s ownership.

2. Any change in the Company’s address.

3. If the Company becomes a partnership, the name of the partners. The notification must also include a copy of either the most recent registration filed under the Business Names Act or the most recent declaration filed under the Limited Partnership Act, whichever applies.

4. Any change in the name of the Company. The notification must also include a copy of the Company’s most recent return filed under the Corporations Information Act.

Requirements re making information public
6. (1) The Company shall maintain its public-facing website about the facility, including continuing to make copies of the documents described in subclauses 12 (1) (b) (i) and (ii) of Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act), made under the Act, available to the public on its website.

(2) On or before the 15th day of each month, the Company shall publish a report on its website describing the activities it took to carry out the closure of the facility during the preceding month.

(3) The Company shall provide a copy of each report described in subsection (2) to the office of the clerk of the County of Prince Edward within five days after publishing the report.

(4) The Company shall publish the reports described in subsection (2) until no further activities are required to carry out the closure of the facility.

(5) The Company shall publish the documents listed in Schedule B to this Regulation on its website, with the modifications described in subsection (6), until no further activities are required to carry out the closure of the facility.

(6) In respect of the documents referred to in paragraphs 6 to 9 of Schedule B to this Regulation, the Company shall ensure that any information regarding the location of archaeological sites is removed from the reports, including Figure 4-1 to the report identified in paragraph 6.

Plan for ongoing monitoring
7. (1) Within 90 days after this Regulation comes into force, the Company shall submit a monitoring plan to the Director for the Director’s approval and to the clerk of the County of Prince Edward.

(2) The monitoring plan must describe the actions the Company will take, during and after removing the components of the facility and carrying out any site restoration activities required under the technical closure document, to monitor the project location on an ongoing basis, including actions to,

(a) monitor natural features, agricultural land and municipal road allowances affected by the closure or construction of the facility; and

(b) address any negative environmental effects noted during the monitoring activities described in clause (a).

(3) After the Director approves the monitoring plan without changes or with any changes the Director determines are appropriate, the Company shall carry out the actions set out in it for at least one year after the completion of the closure as indicated in subsection 2 (2).

(4) In this section,

“negative environmental effects” has the same meaning as in section 2 of O. Reg. 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) made under the Act.

Final closure report
8. (1) The Company shall submit a final closure report to the Director, and the District Manager and the clerk of the County of Prince Edward after it has completed the monitoring described in subsection 7 (3).

(2) The final report must contain, at minimum,

(a) a description of,

(i) the activities that were carried out as part of the closure of the facility, and

(ii) the actions that were carried out in respect of the monitoring required under subsection 7 (3); and

(b) a statement provided by an officer or director who has authority to bind the Company that to the best of their knowledge the report is complete and accurate.

(3) The final report must include copies of the records the Company is required to retain in accordance with the technical closure document.

(4) Following a review of the final closure report the Director shall either,

(a) notify the Company and the clerk of the County of Prince Edward that the Director has accepted the report; or

(b) provide the Company and the clerk of the County of Prince Edward with a list of any deficiencies in respect of whether the closure of the facility was carried out in accordance with subsection 2 (1).

(5) The Company shall, within 5 days of being notified by the Director of any deficiencies as indicated in subsection 8 (4)(b), provide to the Director a plan for the Director’s approval of how and by when the Company intends to remedy the noted deficiencies. Upon approval of the remedial plan by the Director the company shall undertake the remedial work and file a revised final closure plan as required by subsection 8 (1).

(6) The timeframe indicated in subsection 2 (2) shall continue to operate to include the completion and filing of the final closure report.
(7) A copy of the final closure report as accepted by the Director shall be provided to each landowner upon whose land the facility was located and shall be registered on the title to each parcel of land at the landowner’s request .

Commencement
9. [commencement]

SCHEDULE A
WHITE PINES WIND FACILITY
1. (1) The White Pines wind facility consists of the following components:

1. A total of nine wind turbines and one transformer substation at the locations set out in the Table.

2. Any associated ancillary equipment, systems and technologies including on-site access roads, underground cabling, distribution or transmission lines and storage areas, whether installed on, over, through or under municipal road allowances or private lands.

(2) The co-ordinates of the wind turbines and transformer substation in the Table are listed on the UTM grid coordinate system identifying easting, northing and zone based on a Z18-NAD83 projection.

add to SCHEDULE B

10. White Pines Wind Project Road Use Report, Prepared by Tulloch Engineering, April 2016, filed with the County of Prince Edward municipal office

11. White Pines Wind Project Traffic Management Plan, Prepared by Tulloch Engineering, April 2016, filed with the County of Prince Edward municipal office