New regulation under the Environmental Protection Act to close the White Pines Wind Project

In Ontario, you need a renewable energy approval for large wind, solar or bio-energy projects.

The White Pines Wind Project Termination Act, 2018, came into force on July 25, 2018.  It revoked the Feed-in-Tariff contract awarded by the Independent Electricity System Operator (IESO); the renewable energy approval issued for the project by the Ministry of Environment, Conservation and Parks (MECP) and the permit issued for the project under the Endangered Species Act, 2007, by the Ministry of Natural Resources and Forestry.

The renewable energy approval issued by MECP included requirements for constructing, operating and decommissioning the facility at the end of its useful life, including restoring lands affected by the project. Because the renewable energy approval has been revoked, the MECP has made a new regulation under the Environmental Protection Act and an associated technical closure document, to govern the closure of the facility in a way that is protective of human health and the environment.

The new regulation and technical closure document include requirements for the proponent, White Pines Wind Incorporated (the proponent), to follow to safely and securely dismantle and take down the nine fully or partially constructed wind turbines.

The documents include measures that will protect the local community and surrounding wildlife and cover the following general themes:

• Pre-dismantling activities;
• Equipment dismantling and removal;
• Site restoration;
• Stormwater management;
• In-water works;
• Water takings;
• Necessary precautions to avoid impacts on the Blanding’s Turtle;
• Restoration of natural and cultural heritage features;
• Archaeological resources;
• Emergency response and communications plan;
• Consultation/Notification;
• Record keeping; and
• Handling of complaints.

The documents also allow for consideration of existing agreements between landowners and the proponent and require that the proponent conduct monitoring at the project site after it is decommissioned.