Proposed Revocation of O. Reg. 274/18, Siting Restrictions for Renewable Energy Generation Facilities

ERO number
019-2848
Notice type
Regulation
Posted by
Ministry of Energy, Northern Development and Mines
Notice stage
Decision
Decision posted
Comment period
December 15, 2020 - February 4, 2021 (50 days) Closed
Last updated

This consultation was open from:
December 15, 2020
to February 4, 2021

Decision summary

We decided to revoke O. Reg. 274/18 – Siting Restrictions for Renewable Energy Generation Facilities.  Since municipal authority over the siting of new renewable energy projects has been restored, this regulation no longer applies to any projects.

Decision details

O. Reg. 274/18 – Siting Restrictions for Renewable Energy Generation Facilities is being revoked. This regulation placed provincial siting restrictions on renewable energy generation facilities (Projects) in relation to residential areas and agricultural land that complemented siting restrictions under existing environmental regulation to ensure that Projects were appropriately sited.

The requirements under the regulation included:

  • Non-rooftop solar and wind facilities were not permitted to be connected to a customer account that falls within the distributor’s residential-rate classification;
  • Non-rooftop solar projects were required to be set back 15 metres from any property boundary; and
  • Non-rooftop solar projects were not allowed in prime agricultural areas or in areas where the prime agricultural area designation process had not been completed, if the project is larger than 10 kilowatts (kW).

However, on June 1st, 2019, the Green Energy Repeal Act, 2018 (GERA) restored municipal planning authority over the siting of new Projects through amendments to the Planning Act. Following the GERA and amendments to the Planning ActO. Reg. 274/18 continued to apply to some Projects until the end of a transition period (August 31, 2019).

As the transition period has now expired, the regulation no longer applies to any Projects. Residential and agricultural concerns about the siting of a Project that were previously addressed through this regulation are now addressed through local municipal approvals.

O. Reg. 274/18 can be revoked as it is effectively spent.

Comments received

Through the registry

1

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

We received two comments about this proposal. All comments were supportive of the revocation. The regulation will be revoked as proposed.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

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

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

Connect with us

Contact

William Coutts

Phone number
Office
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
019-2848
Notice type
Regulation
Posted by
Ministry of Energy, Northern Development and Mines
Proposal posted

Comment period

December 15, 2020 - February 4, 2021 (50 days)

Proposal details

As a result of the Green Energy Repeal Act, 2019 (GERA), municipal authority over the siting of new Projects has been fully restored.  

The regulation is effectively spent and no longer applies to any Projects.

O. Reg. 274/18 placed provincial siting restrictions on Projects in relation to residential areas and agricultural land. It complemented siting restrictions under existing environmental regulation to ensure that Projects were appropriately sited.

On June 1st, 2019, the GERA restored municipal planning authority over the siting of new Projects through amendments to the Planning Act. Residential and agricultural concerns about the siting of a Project that were previously addressed through this regulation are now addressed through local municipal approvals.  

Following the GERA and amendments to the Planning Act, O. Reg. 274/18 continued to apply to some Projects until the end of a transition period (August 31, 2019). As this transition period has now expired, we are proposing to revoke O. Reg. 274/18 as it is effectively spent.

Supporting materials

View materials in person

Important notice: Due to the ongoing COVID-19 pandemic, viewing supporting materials in person is not available at this time.

Please reach out to the Contact listed in this notice to see if alternate arrangements can be made.

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

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

Comment

Commenting is now closed.

This consultation was open from December 15, 2020
to February 4, 2021

Connect with us

Contact

William Coutts

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

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