Re: ERO 025-1367 –…

Re: ERO 025-1367 – Amendments to O. Reg. 359/09 (REA Regulation)

I support responsible renewable energy development, but the proposed amendments create significant gaps that risk weakening protections for natural heritage, particularly for bats and birds. While reducing duplication is a valid objective, removing Ministry of Natural Resources and Forestry (MNRF) confirmation of Natural Heritage Assessments (NHAs) and replacing it with proponent attestation eliminates a key safeguard that currently ensures independent, science-based review. This is especially important for species experiencing rapid declines and for migratory systems that depend on cumulative, landscape-scale oversight.

The proposed shift toward reliance on “qualified persons” preparing NHAs, without clear standards for independence, transparency, or conflict-of-interest safeguards, introduces serious regulatory uncertainty. Technical guidance documents are not legally binding, can be changed without public notice, and provide weaker protections than enforceable regulatory requirements. Moving essential bird and bat assessment criteria into guidance rather than regulation risks progressive erosion of protections over time.

To avoid these gaps, I urge the Ministry to incorporate the following changes before finalizing the amendments:

1. Retain mandatory MNRF review for any project that may affect key natural heritage features, Species at Risk habitat, migratory bird corridors, bat maternity colonies, or potential hibernacula. Attestation alone is insufficient for high-risk ecological contexts.

2. Define strict qualifications and independence criteria for “qualified persons.” Require minimum professional standards, public disclosure of credentials and employer relationships, and publication of all raw survey and monitoring data used in NHAs and bird/bat assessments.

3. Make bird and bat guidelines explicitly enforceable, with post-construction Environmental Effects Monitoring Plans (EEMPs) subject to MNRF review and public reporting. Monitoring results must trigger mandatory adaptive mitigation, including curtailment, feathering, or seasonal shutdowns when mortality thresholds are exceeded.

4. Require cumulative-effects assessment, particularly where multiple “ancillary” installations may each be exempt from REA but collectively impact migratory flyways, forest-wetland mosaics, or bat foraging corridors.

5. Ensure long-term, standardized post-construction monitoring. Require multi-year, ministry-reviewed monitoring for bird and bat mortality and movement, using consistent, transparent protocols.

Before proceeding, the Ministry should publicly answer the following questions:

Under what specific conditions will attestation not be permitted?

What enforceable mechanisms ensure that technical guidance cannot be weakened without public review?

How will cumulative impacts be assessed when projects fall outside the REA framework?

What are the operational mitigation triggers (e.g., curtailment thresholds) and who enforces them?

These changes are essential to protect Ontario’s wildlife and maintain public confidence in the renewable energy approvals process.