Repeal of the Green Energy Act

ERO number
013-3832
Notice type
Act
Act
Green Energy Act, 2009
Posted by
Ministry of Energy
Notice stage
Proposal
Proposal posted
Comment period
September 21, 2018 - October 21, 2018 (30 days) Open

This consultation closes at 11:59 p.m. on:
October 21, 2018

Proposal summary

The Bill would repeal the Green Energy Act and re-introduce conservation and energy efficiency initiatives in the Electricity Act, 1998; change the Planning Act to restore municipal authority over siting renewable energy projects; and, put authority in the EPA to prohibit issuance of REAs including where demand for electricity is not demonstrated.

Proposal details

If passed, the proposed legislation would do three things:

  1. It would repeal the Green Energy Act, 2009 and reintroduce select energy efficiency and conservation provisions in the Electricity Act, 1998. Associated regulations would be revoked and re-made under the Electricity Act, 1998.
  2. It would amend the Planning Act.
  3. It would amend the Environmental Protection Act.

Further detail on what the amendments would do is given below:

Conservation and Energy Efficiency

Provisions related to certain conservation and energy efficiency initiatives would be repealed when the Green Energy Act is repealed, but would be re-introduced in the Electricity Act, 1998:

Promoting Energy Conservation

Permits the use of designated goods, services and technologies despite restrictions that may prevent their use. Through this initiative, outdoor clotheslines and clothestrees can be used in a residential context even in cases where, for example, the rules of a condo corporation prohibit them.

Energy Efficiency Standards

Regulates energy and water efficiency standards for appliances and products in Ontario and harmonizes Ontario’s requirements with the highest available minimum efficiency standards in North America.

Customer Access to Data

Establishes a framework to introduce a common data standard for energy data. With such a standard in place, Ontario homes and businesses would have consistent access to their energy data and the ability to share their data with apps and software of their choice to analyze their energy use and identify energy efficiency opportunities.

Energy and Water Reporting and Benchmarking

Allows building owners to review a building’s energy and water use to compare it to its own past performance and the performance of other similar buildings. Ontario building owners of commercial, industrial, multi-unit residential and other building types that are 50,000 square feet or larger are required to report their building’s energy and water consumption, and greenhouse gas emission data annually.

Broader Public Sector Energy Reporting

Municipalities, municipal service boards, universities, colleges, schools and hospitals are required to report annually on their energy use and greenhouse gas emissions and publish the reports on their websites. They are also required to develop and publish on their websites a conservation plan every five years.

Override on Restrictions on certain Renewable Energy Projects:

Designates roof or wall-mounted solar projects, roof or wall-mounted thermal air and thermal water projects and ground-source heat pumps. By being designated, these projects are exempt from many legal restrictions.

Certain Provisions would not be re-enacted

Provisions related to certain initiatives would not be re-enacted. These include:

  1. The un-proclaimed provision enabling mandatory home efficiency disclosure for homes at the time of sale;
  2. A regulation making authority to mandate public agencies to consider energy conservation in procurement and capital investments. The authority has not been used;
  3. Authority for the ENDM Minister to enter into transactions as are necessary to promote energy conservation and energy efficiency. This authority is already encompassed in the Minister’s general authority to enter into transactions;
  4. Guiding principles for the government in constructing acquiring, operating and managing government facilities and reporting requirements for government facilities that may be already implemented through authority found under the Ministry of Infrastructure Act; and
  5. Provisions to establish a Renewable Energy Facilitator and Facilitation Office, which are not required to be set out in statute in order to undertake the work needed.

Restore Municipal Authority

Planning Act would be amended to repeal exemptions that currently exist for renewable energy undertakings from most land use planning instruments. This would restore municipal planning authority regarding the siting of renewable energy generation facilities. In addition, the proposed legislation would:

  • Provide immunity from litigation arising from the restoration of municipal planning authority;
  • Remove the ability to appeal municipal refusals of, and failures to make decisions on, applications to amend official plans and zoning by-laws to allow a renewable energy undertaking (except by the Minister of Municipal Affairs and Housing).

Environmental Protection Act

The Environmental Protection Act would be amended to give the Lieutenant Governor in Council the authority to make regulations to prohibit the issuance or renewal of Renewable Energy Approvals. This would include circumstances where the demand for the electricity that would be generated by the renewable energy project has not been demonstrated.

The Ministry of the Environment, Conservation and Parks is currently consulting on a proposal to amend Ontario Regulation 359/09 – Renewable Energy Approvals under Part V.0.1 of the Environmental Protection Act. The proposed changes would require anyone planning a renewable energy project to demonstrate a demand for the electricity they will produce in order to be eligible for a Renewable Energy Approval. See Renewable Energy Approvals regulation amendment posting for more details.

Supporting materials

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Contact

Paul Johnson

Phone number
Email address
Office
Conservation and Renewable Energy Division
Address

77 Grenville St.
5th Floor
Toronto ON M7A 2C1
Canada

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Contact

Paul Johnson

Phone number
Email address
Office
Conservation and Renewable Energy Division
Address

77 Grenville St.
5th Floor
Toronto ON M7A 2C1
Canada

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