This consultation was open from:
December 5, 2025
to January 19, 2026
Decision summary
We are moving forward with changes to Ontario Regulation 359/09: Renewable Energy Approvals regulation to:
- Remove Renewable Energy Approval requirements for low-risk biogas projects
- Update Natural Heritage Assessment and Bird/Bat Environmental Effects Monitoring Plan requirements
- Update outdated definitions, ministry names and other references
Decision details
The Ministry of the Environment, Conservation and Parks (MECP) has amended Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) to modernize and streamline the Renewable Energy Approval (REA) process by:
- Removing REA requirements for certain low‑risk renewable energy projects, specifically biogas facilities, that are capable of generating 10 megawatts or less of electricity and are located on the site of a business or operation whose primary function is not electricity generation and is subject to other existing approvals.
- Updating Natural Heritage Assessment (NHA) and bird/bat Environmental Effects Monitoring Plan (EEMP) requirements under the REA regulation, which includes:
- Removing the Ministry of Natural Resources’ (MNR’s) review and confirmation requirements. This will be replaced by requiring proponents to attest that a qualified person has completed the NHA and Bird/Bat EEMP in accordance with the Natural Heritage Assessment Guide (NHAG). This is supported by MNR’s updates to the NHAG to provide clarity, consistency, and alignment with current technical standards, as well as other related changes to the regulation
- Removing specific references to bird and bat guidelines from the regulation and providing related guidance in the updated NHAG
- Removing the requirement for all large wind farms to complete a Bird/Bat EEMP, and instead require this report and bird/bat mortality monitoring and mitigation (as applicable) only where a wind farm is located in or within 120m of significant bird or bat habitat
- Providing exceptions to the requirement to complete certain NHA work (e.g. evaluation of significance) in circumstances set out in the regulation
- Updating outdated definitions, ministry names and other references, along with general housekeeping updates to improve clarity and consistency.
These changes support the government’s ongoing work to modernize environmental permissions by focusing regulatory effort where it is most needed and reducing unnecessary burden for proponents. The amendments are expected to continue to support environmental protection while enhancing efficiency, enabling renewable energy projects to proceed more quickly and to meet Ontario’s growing electricity demand.
Effects of consultation
The MECP received a total of 32 comments on the proposal through the Environmental Registry of Ontario (ERO), and through individual written submissions. Feedback was received from Indigenous communities and a range of stakeholders, including renewable energy developers, industry associations, municipalities, agricultural representatives, environmental organizations, and members of the public.
The comments received reflected several key themes, including:
- requests to exempt additional on-farm anaerobic digestion (AD) facilities
- requests to exempt small on-site solar projects
- requests for additional clarity and coordination
- comments regarding government oversight of the NHA process
- comments regarding opportunities for Indigenous consultation on the NHA and EEMP
- comments regarding mitigation and monitoring requirements
The ministry carefully reviewed all feedback received during the public consultation period.
Requests to Exempt Additional On-Farm AD Facilities
Comments Received:
Stakeholders recommended expanding the REA exemption to include additional Class 1 and Class 2 on-farm AD facilities and small upgrades or expansions. They noted that many on-farm AD activities are considered normal farm practices and already subject to comprehensive oversight under the Nutrient Management Act, 2002 (NMA), making a separate REA requirement duplicative.
Ministry response:
Some exemptions already apply to certain on‑farm AD activities (e.g., regulated mixed AD facilities governed under the Nutrient Management Act are not required to obtain an ECA under the EPA). Also, AD facilities at farm operations with a Nutrient Management Strategy that would have required approval under the EPA before the REA framework came into force in 2009 are already exempt under O. Reg. 359/09. At this time, the ministry is not proposing to further expand REA exemptions for on‑farm AD facilities.
Requests to Exempt Small on-site Solar Projects
Comments Received:
An individual commenter recommended exempting small onsite solar projects from the REA process, noting that obtaining a REA for a site-specific project can be lengthy.
Ministry response:
Small ground mounted solar projects that meet established thresholds are already exempt from REA and must register in the Environmental Activity and Sector Registry (EASR) under O. Reg. 350/12. The EASR provides a streamlined, self-registration process for routine, well understood project types and replaces the need for a full REA review for eligible facilities. MECP is not proposing changes to EASR eligibility.
Requests for additional clarity and coordination
Comments received:
Some commenters requested greater clarity on definitions, eligibility criteria, and the implementation of the proposed amendments. In particular, they sought further explanation of what constitutes a facility whose “primary function is not electricity generation,” and what information proponents would need to provide to demonstrate that a project is subject to other existing approvals. Additionally, commenters requested clarity about who may be considered a “qualified person” as it relates to the NHA and EEMP attestation. Commenters also emphasized the importance of coordinated guidance across related ministry programs to ensure consistent interpretation and predictable transitions as the amended requirements are implemented.
Ministry response:
The ministry acknowledges the need for clear and consistent guidance to support implementation. MNR has updated the NHAG which provides clarity on matters such as the definition of “qualified person”. As part of the rollout of the amendments, MECP, working in collaboration with MNR, will also develop updated guidance and supporting materials to clarify key definitions, documentation and submission requirements, and how the amendments interact with other environmental permissions. No changes to the regulatory proposal were required.
Comments Regarding Natural Heritage Assessment Oversight
Comments received:
Some commenters expressed concern that replacing MNR review/confirmation with proponent attestations may weaken environmental protections and oversight, reduce transparency or limit cumulative effects review. Concerns were raised particularly for species at risk, migratory birds, and bat habitat.
Ministry response:
MECP and MNR consider the proponent attestation approach generally equivalent to the protection offered by the previous approach (where MNR reviewed NHAs and EEMPs). Failure to comply with regulatory requirements may result in the MECP withholding a REA. Impacts to species at risk will be addressed under the Species Conservation Act. The regulation continues to require preparation and submission of studies and information necessary to support natural heritage protection, and cumulative impacts will continue to be addressed through the NHAG, consistent with the previous approach.
Comments Regarding Opportunities for Indigenous Consultation on the NHAs and EEMPs
Comments received:
Indigenous communities expressed concerns about the availability of NHAs and EEMPs for review. Specifically, communities asked whether these documents would be shared to allow for meaningful review and consultation.
Ministry Response:
As part of the REA process, proponents are required to share the NHA and EEMP documents with Indigenous communities for review prior to submission of a REA application to the MECP. This process provides opportunities for Indigenous communities to provide input on project documentation before it is formally submitted to the MECP. Upon submission of a complete REA application, the ministry would also consult with Indigenous communities, as appropriate, prior to making a decision on the application.
Comments Regarding Expectation Around Mitigation Measures
Comments received:
Commenters expressed concern about mitigation measures that will be in place and whether monitoring results will trigger mandatory adaptive mitigation actions, such as curtailment, feathering, or seasonal shutdowns when mortality thresholds are exceeded.
Ministry response:
Monitoring results may trigger operational mitigation, consistent with the existing approach. The NHA Guide outlines the basic mortality monitoring requirements for birds. Under the new framework, the qualified person will be responsible for developing bird mortality monitoring protocols that build on the basic requirements. Bat mortality mitigation and monitoring requirements are to be established per the Species Conservation Act, as applicable.
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.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Connect with us
Contact
Permissions Modernization Team
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
To keep Ontario competitive and help important renewable energy projects get started faster, the Ministry of the Environment, Conservation and Parks (ministry) is proposing amendments to Ontario Regulation 359/09: Renewable Energy Approvals (REA regulation), made under the Environmental Protection Act (EPA) to adopt more streamlined approaches for the Renewable Energy Approval (REA) process.
As part of this effort, the ministry is proposing to remove certain renewable energy projects from the REA approval process, if the primary purpose of the facility where the project is located is not the production of electricity, and if the facility where the project is located is already approved (or would be approved) under other ministry approvals that would also apply to the renewable energy project.
In addition, the ministry is proposing to remove the requirement for the Ministry of Natural Resources (MNR) to review Natural Heritage Assessments (NHAs) and Bird/Bat Environmental Effects Monitoring Plans (EEMPs) as part of the REA process. Instead of requiring a review by MNR, proponents would be required to attest that these reports have been completed by qualified persons in accordance with an updated NHA Guide. For more details about MNR’s proposed updates to the NHA Guide, please see ERO proposal posting # 025-1146.
The proposed regulatory amendments aim to accelerate the REA application process by removing duplicative requirements when facilities have approvals under other processes that could also apply to renewable energy projects, and by reducing administrative steps and leveraging the expertise of qualified persons. The proposed amendments are expected to maintain environmental protection standards while enhancing efficiency, enabling renewable energy projects to proceed more quickly and contribute to Ontario’s clean energy goals.
Proposed Changes:
The ministry is proposing the following amendments to Ontario Regulation 359/09 under the EPA:
1.Removal of REA Requirements for Certain Project Types:
The ministry is proposing to remove certain types of projects from the REA process where:
- The projects are located at facilities where electricity generation is ancillary to the facility’s main function
- Electricity is primarily generated for on-site use
- These facilities are already subject to other existing environmental approvals, such as:
- Environmental Compliance Approvals (ECAs)
- Permits to Take Water (PTTWs)
- The environmental impacts of the electricity generation component can be adequately addressed through these existing approvals
This proposed amendment would apply to facilities such as industrial operations that use renewable energy sources internally and are already regulated under other ministry frameworks. An example is an automotive manufacturing facility or a hospital where electricity is generated primarily for the facility’s use using biogas and an ECA, PTTW and a REA are currently required. Exempting these facilities from requiring a REA would reduce regulatory duplication while maintaining environmental oversight through the remaining ministry-reviewed permissions.
2.Streamlining of Natural Heritage Assessment and Bird/Bat Environmental Effects Monitoring Plan Reviews:
The REA regulation requires applicable renewable energy projects to complete an NHA. Through the NHA, applicants identify any natural features at or near the proposed project location, follow procedures to determine if development prohibitions apply, and prepare an Environmental Impact Study (EIS) where required.
To support completion of an NHA and EIS, MNR developed the Natural Heritage Assessment Guide for Renewable Energy Projects which sets out evaluation technical criteria and procedural guidance to address natural heritage protections required by the REA Regulation. This guide must be used when a NHA is required to be conducted for a renewable energy project.
The REA Regulation also requires applicants proposing wind power projects to prepare an EEMP in respect of birds and bats. The EEMP must be prepared in accordance with MNR’s bird and bat guidelines. The bird and bat habitat guidelines provide guidance on identifying and assessing bird and bat habitat and addressing potential negative effects on their habitats during the planning, construction, and operation of onshore wind power projects in Ontario.
Currently MNR reviews NHAs and Bird/Bat EEMPs submitted as part of REA applications to confirm the identification and evaluation of significant natural heritage features and that the reports meet applicable MNR guidelines. However, this role is proposed to be replaced by a requirement that the applicant attest that the required reports were prepared by qualified persons.
The proposed amendments to the REA regulation include:
- Introduce a definition for “qualified person”: A person conducting studies, evaluations, or preparing reports who possesses the expertise, knowledge, or experience specified in the Natural Heritage Assessment Guide, as amended from time to time
- Add a general provision requiring that any individual conducting or preparing Natural Heritage related assessments or reports must meet the qualifications outlined in the Natural Heritage Assessment Guide
- Replace the requirement for MNR confirmation with a requirement for the proponent to, as part of its REA application, submit an attestation indicating that the necessary studies were completed by qualified persons in accordance with the Natural Heritage Assessment Guide
- Require the name and qualifications of the individual preparing any Natural Heritage related environmental impact study report to be included in the report
- Remove specific references to bird and bat guidelines from the regulation and provide related guidance in the updated Natural Heritage Assessment Guide
- Update and remove outdated content in the regulation to better reflect MNR’s current role in identifying significant natural heritage features
- Update other outdated references such as ministry names and similar
The ministry will update the Technical Guide for Renewable Energy Approvals to account for these proposed regulatory amendments if implemented, as applicable.
Together, these changes are expected to reduce regulatory duplication and administrative delays, improve efficiency by leveraging attestations from qualified persons, and enable proponents to submit REA applications sooner—supporting faster project delivery while maintaining strong environmental protection standards.
Background
Renewable energy projects in Ontario are governed by Ontario Regulation 359/09 under the EPA. This regulation sets out the requirements for obtaining a REA from the ministry for most wind, solar, and bio-energy projects.
REAs are typically required when a facility generates electricity for use on-site or for connection to the electricity grid. This includes projects such as wind turbines, solar arrays, and anaerobic digesters. Currently, proponents may need a REA even if electricity generation is not the facility’s primary function—such as in industrial or agricultural operations—resulting in additional regulatory burden and the need to obtain multiple environmental permissions.
As part of the REA application process, proponents must also submit NHAs. These assessments are currently reviewed by the MNR, a step that can add complexity and delay to the approval timeline.
Public consultation opportunities
This proposal is being posted for a 45-day public review and comment period. We encourage interested parties to make comments on this proposal. Comments made on this proposal will be considered before making a decision.
Regulatory impact assessment
Renewable energy is a key component of Ontario’s energy supply mix, supporting both environmental sustainability and economic development. By making it easier and faster for proponents to obtain REAs (or be exempted from the REA process), the proposed changes will help accelerate the deployment of renewable energy projects across the province. This will enhance Ontario’s ability to meet clean energy targets, attract investment, and support local job creation.
The regulatory changes are expected to support proponents by reducing regulatory and administrative burden and costs, speed up project delivery, provide regulatory clarity, simplify compliance requirements and streamline efforts related to public and Indigenous consultation, while maintaining environmental protection.
Regulatory impact analysis:
- The proposed amendments are anticipated to have a positive impact on business and reduce administrative burden by removing duplication of requirements for projects that are approved under other processes
- The proposed changes are intended to provide greater certainty for businesses who want to invest in developing renewable energy projects
- Through this posting, we are seeking input on anticipated benefits or costs to Ontario businesses to better help the ministry understand the real costs or cost savings associated with these proposed changes
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.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from December 5, 2025
to January 19, 2026
Connect with us
Contact
Permissions Modernization Team
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
13By email
19By mail
0