Proposal to amend the Planning Act, 1990 to apply Hydro One’s electricity transmission project exemptions to all transmitters.

ERO number
019-3034
Notice type
Act
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Energy, Northern Development and Mines
Transferred to
Ministry of Energy
Notice stage
Decision
Decision posted
Comment period
January 26, 2021 - March 12, 2021 (45 days) Closed
Last updated

There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.

This consultation was open from:
January 26, 2021
to March 12, 2021

Decision summary

The government has amended the Planning Act, 1990 to apply Hydro One’s electricity transmission project exemptions to all transmitters.

Decision details

Following a 45-day Environmental Registry comment period,  the government has passed changes to the Planning Act, 1990 as part of Bill 276, the Supporting Recovery and Competitiveness Act, 2021.

The changes modify an existing Planning Act exemption that applied to Hydro One for projects that required completion of an environmental assessment process under the Environmental Assessment Act. The change makes this exemption apply to electricity transmitters undertaking transmission projects that complete an environmental assessment process.

Expanding the exemption to any transmitter reflects Ontario’s shift towards a competitive transmission sector where several transmitters operate or are constructing transmission projects. Modifying the exemption creates a consistent regulatory framework for all transmitters.

Ensuring that all transmission projects which undergo an environmental assessment process are exempted from the Planning Act reduces duplication and the regulatory burden faced by transmitters. The environmental assessment is the most appropriate process for evaluating environmental impacts for transmission projects.

Comments received

Through the registry

2

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

The Ministry of Energy, Northern Development and Mines received two comments through the Environmental Registry and one comment by email.  Two comments sought further information on the proposal (a list of potential transmitters and further details on Environmental Assessment requirements) and another was a test of the system.  None of the comments affected the proposed amendment.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Connect with us

Contact

Samir Adkar

Phone number
Email address
Office
Strategic Network and Agency Policy Division - Energy Networks and Indigenous Policy Branch
Address

77 Grenville St.
6th Floor
Toronto, ON
M7A 2C1
Canada

Office phone number

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Original proposal

ERO number
019-3034
Notice type
Act
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Energy, Northern Development and Mines
Proposal posted

Comment period

January 26, 2021 - March 12, 2021 (45 days)

Why consultation isn't required

The government has chosen to consult on the ERO however the proposed amendment to the existing Planning Act, 1990 exemption is not expected to result in significant environmental impacts.

This amendment to the Planning Act, 1990 is being made to create a fair electricity sector by amending a current Planning Act, 1990 exemption targeting Hydro One so it applies to all electricity transmitters undertaking transmission projects. These projects will all require the completion of an Environmental Assessment process under the Environmental Assessment Act. The environmental assessment is the most appropriate process for evaluating environmental impacts including:

  • the impact on current and future generations of Ontarians, consistent with the principals of sustainable development;
  • opportunities and threats from climate change, and;
  • the environmental costs, benefits and risks of the project to ensure cost-effective environmental protections are incorporated.

Proposal details

Section 62 of the Planning Act, 1990 currently exempts Hydro One’s transmission projects that are approved under the Environmental Assessment Act from the Planning Act, 1990 in its entirety. This exemption was introduced in 1983, before the energy market was restructured, at a time when Hydro One was part of the fully integrated, Crown-owned Ontario Hydro.

The current proposal to amend the Planning Act, 1990 would apply Hydro One’s exemption to all transmitters whose transmission projects undergo Comprehensive or Streamlined Environmental Assessment processes.

Expanding the exemption to all transmitters supports Ontario’s Open for Business initiative as it creates a level playing field for transmitters in Ontario. This supports work to enhance competitive procurement of transmission.

Furthermore, expanding the scope of exempted transmission projects reduces duplication of approvals. All exempt projects will require the completion of an Environmental Assessment process under the Environmental Assessment Act. The Environmental Assessment is the most appropriate process for evaluating environmental impacts including:

  • The impact on current and future generations of Ontarians, consistent with the principals of sustainable development;
  • Opportunities and threats from climate change, and;
  • The environmental costs, benefits and risks of the project to ensure cost-effective environmental protections are incorporated.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Comment

Commenting is now closed.

This consultation was open from January 26, 2021
to March 12, 2021

Connect with us

Contact

Samir Adkar

Phone number
Email address
Office
Strategic Network and Agency Policy Division - Energy Networks and Indigenous Policy Branch
Address

77 Grenville St.
6th Floor
Toronto, ON
M7A 2C1
Canada

Office phone number