The new regulation under the…

The new regulation under the Planning Act to prescribe transitional provisions for the proposed Green Energy Act Repeal Act, 2018 (Bill 34) to help restore municipal authority is insufficient as it is in conflict with the Ontario Provincial Policy Statement. The Ontario PPS (2014) requires:
- (1.6.11.2) "Planning authorities should promote renewable energy systems and alternative energy systems, where feasible, in accordance with provincial and federal requirements."
- (1.7) Long term economic prosperity should be supported by ... i) promoting energy conservation and providing opportunities for development of renewable energy systems and alternative energy systems.
- (1.8.1 f) Promote design which maximizes opportunities for renewable energy systems ...

The revision proposed to the regulation merely takes Ontario back to the situation it was under in 2006, when the CAW proposed a wind turbine installation in Saugeen Shores. The municipality acted within its authority to refuse the application. This was defeated at an OMB hearing where the key point was that the Ontario PPS permitted a renewable energy system "anywhere" so Saugeen Shores was unable to refuse the erection, even though it has continued to result in problems.

It is necessary to also revise the Ontario Provincial Policy Statement to reflect the desired position, or otherwise municipalities will still be unable to refuse erection of wind turbines. The PPS should reflect that renewable energy systems can only be installed where in accordance with municipal approval, where the developer proves in advance that there will be no harm to citizens, or the economy (not the current reverse onus that requires a citizen 15 days to prove harm from a yet to be built system - an impossible proof as it is impossible to provide evidence for a system that does not yet exist.)

Equally, the PPS needs to be revised to remove the statement that long term economic prosperity is supported by renewable energy systems - as this is not the case, since they are a very costly method of generating reliable power.

The PPS also needs to be revised to remove the statement to promote renewable energy systems in accordance with provincial and federal requirements. Clearly the federal government is going to continue to encourage renewable energy systems as part of its "climate change" initiative, even though the systems actually do little to reduce greenhouse gases due to the need to back them up with gas fired generators.