Proposed amendments to O. Reg. 274/18, Siting Restrictions for Renewable Energy Generation Facilities

ERO number
013-4288
Notice type
Regulation
Posted by
Ministry of Energy, Northern Development and Mines
Notice stage
Decision
Decision posted
Comment period
December 4, 2018 - January 18, 2019 (45 days) Closed
Last updated

This consultation was open from:
December 4, 2018
to January 18, 2019

Decision summary

Amendments were made to the regulation to align with new transition rules related to the restoration of municipal planning authority resulting from changes made to the Planning Act by the Green Energy Repeal Act, 2018.

Decision details

On June 1, 2019, the sections of the Green Energy Repeal Act, 2018 (GERA) that amend the Planning Act were proclaimed into force, returning municipal planning authority over the siting of renewable energy generation facilities (“Projects”).

Simultaneously, the Ministry of Municipal Affairs and Housing (MMAH) introduced O. Reg. 121/19 - Transitional Matters - Renewable Energy Generation Facilities (the “Transition Regulation”) which establishes transition rules for operational Projects and eligible Projects that are in development. The Transition Regulation continues to exempt a Project from municipal planning authority if a Project is:

  1. subject to an Independent Electricity System Operator (IESO) contract;
  2. has a Renewable Energy Approval; or
  3. has commenced construction or installation and will be completed before August 31, 2019 (“Projects Under Construction”).

As a result, Projects captured by the Transition Regulation continue to be subject to provincial siting authority and applicable siting restrictions imposed through their contract with the IESO.  For some Projects Under Construction, provincial siting authority includes the relevant provisions under O. Reg. 274/18 - Siting Restrictions for Renewable Energy Generation Facilities (the “Siting Regulation”).

To ensure continued provincial siting oversight for Projects Under Construction and to avoid a conflict between municipal and provincial siting requirements, an amendment to the Siting Regulation has been introduced through O. Reg. 146/19, under the Electricity Act, 1998, which adds a criterion limiting the application of the Siting Regulation to Projects Under Construction.

Comments received

Through the registry

13

By email

21

By mail

0
View comments submitted through the registry

Effects of consultation

Feedback from stakeholders specific to the proposal for this regulatory amendment was generally positive and supportive.

Other comments included

Comments About Related Proposals Posted on the Environmental Registry by MMAH and Ministry of the Environment, Conservation and Parks (MECP)
Comments that addressed elements of (1) MMAH’s proposed Transition Regulation and (2) MECP’s proposed amendments to the Renewable Energy Approval (REA) regulation, were not considered by ENDM for this proposal. Those comments were shared with MMAH and MECP for their consideration.

Concerns Related to the Compliance of Specific Projects with Environmental Regulations
Comments that alleged that specific Projects were not in compliance with their REA were out of scope for this proposal. Those comments were shared with MECP for their consideration.

Comments Related to Waterpower Projects
Comments related to waterpower projects were out of scope for this proposal because waterpower projects are not subject to the Siting Regulation.

Recommendation to Create a Provincial Siting Regulation to Avoid the Potential for Different Standards to Apply Across Different Municipalities
Following consideration from a policy and implementation perspective, incorporating this feedback would limit the effectiveness of the proposal.

Proposal for a Moratorium on Wind Project Development
This course of action is out of scope for this proposal.

Supporting materials

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

Ministry of Energy, Northern Development and Mines, Conservation and Renewable Energy Division
Address

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

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Original proposal

ERO number
013-4288
Notice type
Regulation
Posted by
Ministry of Energy, Northern Development and Mines
Proposal posted

Comment period

December 4, 2018 - January 18, 2019 (45 days)

Proposal details

Upon proclamation into force, the Green Energy Repeal Act, 2018 (GERA) would restore municipal planning authority over Projects. The GERA would also create regulation-making authority under the Planning Act to transition to the restoration of municipal planning authority.

The Ministry of Municipal Affairs and Housing is proposing a regulation to address this transition (“Transition Regulation”). The proposed Transition Regulation would establish the transition rules for operational Projects, and eligible Projects that are in development. Projects captured by the Transition Regulation would continue to be subject to any applicable siting restrictions imposed through current regulation, including the Siting Regulation.

The Ministry of Energy, Northern Development and Mines is proposing to amend the Siting Regulation by adding a criterion to limit the application of the regulation to Projects that are captured by the provisions of the Transition Regulation.

Following the transition period contemplated by the Transition Regulation, the Siting Regulation would no longer apply to any Projects.

Comment

Commenting is now closed.

This consultation was open from December 4, 2018
to January 18, 2019

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