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O. Reg. 231/11: RENEWABLE ENERGY APPROVALS UNDER PART V.0.1 OF THE ACT

filed June 14, 2011 under Environmental Protection Act, R.S.O. 1990, c. E.19

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ontario regulation 231/11

made under the

Environmental protection act

Made: June 1, 2011
Filed: June 14, 2011
Published on e-Laws: June 15, 2011
Printed in The Ontario Gazette: July 2, 2011

Amending O. Reg. 359/09

(Renewable Energy Approvals under Part V.0.1 of the Act)

1. Subsection 49 (1) of Ontario Regulation 359/09 is amended by striking out “a certificate of approval or provisional certificate of approval would be required under subsection 27 (1) of the Act in respect of a Class 2 anaerobic digestion facility” and substituting “an environmental compliance approval would be required under the Act to engage in an activity mentioned in subsection 27 (1) of the Act at a Class 2 anaerobic digestion facility”.

2. Subsection 50 (2) of the Regulation is amended by striking out “a certificate of approval or provisional certificate of approval would be required under subsection 27 (1) of the Act in respect of a Class 3 anaerobic digestion facility” and substituting “an environmental compliance approval would be required under the Act to engage in an activity mentioned in subsection 27 (1) of the Act at a Class 3 anaerobic digestion facility”.

3. Subsection 52 (1) of the Regulation is amended by striking out “a certificate of approval or provisional certificate of approval would be required under subsection 27 (1) of the Act in respect of waste at a Class 2 or Class 3 thermal treatment facility” and substituting “an environmental compliance approval would be required under the Act to engage in an activity mentioned in subsection 27 (1) of the Act at a Class 2 or 3 thermal treatment facility”.

4. Clause 53 (3) (b) of the Regulation is amended by striking out “a certificate of approval” in the portion before subclause (i) and substituting “an environmental compliance approval”.

5. (1) Subsection 54 (2) of the Regulation is amended by striking out “a certificate of approval” in the portion before clause (a) and substituting “an environmental compliance approval”.

(2) Subsection 54 (3) of the Regulation is revoked and the following substituted:

(3) If the issue of a renewable energy approval or an environmental compliance approval is required in respect of the construction, installation or expansion of one or more wind turbines mentioned in subsection (1) in a circumstance described in subsection (4), the person who is constructing, installing or expanding a wind turbine shall submit, as part of the application for the issue of the renewable energy approval or environmental compliance approval, a report prepared in accordance with the publication of the Ministry of the Environment entitled “Noise Guidelines for Wind farms”, dated October 2008, as amended from time to time and available from the Ministry.

(3) Clause 54 (5) (c) of the Regulation is amended by striking out “certificate of approval” and substituting “environmental compliance approval”.

(4) Subclause 54 (5) (d) (i) of the Regulation is amended by striking out “certificate of approval” and substituting “environmental compliance approval”.

6. (1) Subsection 55 (1) of the Regulation is amended by striking out “a certificate of approval” in the portion before clause (a) and substituting “an environmental compliance approval”.

(2) Clause 55 (1) (c) of the Regulation is amended by striking out “certificate of approval” and substituting “environmental compliance approval”.

(3) Subclause 55 (1) (d) (i) of the Regulation is amended by striking out “a certificate of approval” and substituting “an environmental compliance approval”.

(4) Subsection 55 (3) of the Regulation is amended by striking out “a certificate of approval” and substituting “an environmental compliance approval”.

Commencement

7. This Regulation comes into force on the later of the day subsection 2 (1) of Schedule 7 to the Open for Business Act, 2010 comes into force and the day it is filed.