O. Reg. 195/12: RENEWABLE ENERGY APPROVALS UNDER PART V.0.1 OF THE ACT

 

ontario regulation 195/12

made under the

Environmental Protection Act

Made: June 20, 2012
Filed: June 29, 2012
Published on e-Laws: June 29, 2012
Printed in The Ontario Gazette: July 14, 2012

Amending O. Reg. 359/09

(RENEWABLE ENERGY APPROVALS UNDER PART V.0.1 OF THE ACT)

1. (1) The definition of “applicant” in subsection 1 (1) of Ontario Regulation 359/09 is revoked and the following substituted:

“applicant” means a person who applies for the issue of a renewable energy approval or for an alteration to the terms and conditions of a renewable energy approval;

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“consultant archaeologist” means a consultant archaeologist as defined in subsection 1 (1) of Ontario Regulation 8/06 (Licences under Part VI of the Act — Excluding Marine Archaeological Sites) made under the Ontario Heritage Act;

(3) The definition of “name plate capacity” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“name plate capacity” means, when used in respect of a renewable energy generation facility or a part of a renewable energy generation facility,

(a) if the facility is a solar facility, the lesser of,

(i) the total of the design electricity generating capacities of all the generation units in or at the facility or the part of the facility, and

(ii) the maximum power output of all of the inverters in or at the facility or the part of the facility, and

(b) if the facility is not a solar facility, the total of the design electricity generating capacities of all the generation units in or at the facility or the part of the facility;

(4) Subsection 1 (6) of the Regulation is revoked and the following substituted:

(6) For the purposes of subsections (4) and (5), an odour receptor or noise receptor does not include a location on a parcel of land if any part of the renewable energy generation facility will be located on that parcel of land once the facility is installed, constructed or expanded in accordance with the renewable energy approval.

(7) In this Regulation, a reference to the Director means,

(a) the Director appointed under section 5 of the Act in respect of the section of this Regulation in which the reference appears; or

(b) if no Director described in clause (a) has been appointed, any Director appointed under section 5 of the Act in respect of section 47.5 of the Act.

2. (1) Paragraph 1 of subsection 4 (3) of the Regulation is amended by striking out “less that” and substituting “less than”.

(2) The Table to section 4 of the Regulation is revoked and the following substituted:

Table

 

Item	Column 1	Column 2	Column 3
	Class of solar facility	Location of solar photovoltaic collector panels or devices	Name plate capacity of solar facility (expressed in kW)
1.	Class 1	At any location.	£ 10
2.	Class 2	Mounted on the roof or wall of a building.	> 10
3.	Class 3	At any location other than mounted on the roof or wall of a building.	> 10

3. Subsection 9 (1) of the Regulation is amended by adding the following paragraph:

10. The construction, installation, use, operation, changing and retiring of the renewable energy generation facility are prescribed activities for the purposes of subsection 20.21 (1) of the Act and no order is in effect under subsection 20.18 (1) of the Act stating that Part II.2 of the Act does not apply in respect of those activities.

4. Section 10 of the Regulation is amended by adding “Subject to section 9” at the beginning of the portion before paragraph 1.

5. The title to Part IV of the Regulation is revoked and the following substituted:

Part iv
Renewable energy approvals — application process Before approval issued

6. Section 11 of the Regulation is amended by striking out “a person who proposes” and substituting “a person, other than a person to whom Part IV.1 applies, who proposes”.

7. Subsection 12 (3) of the Regulation is revoked.

8. Paragraph 5 of subsection 15 (6) of the Regulation is amended by striking out “and” at the end of subparagraph viii and by adding the following subparagraphs:

x. the secretary of every company operating an oil or natural gas pipeline, if a pipeline right of way for the pipeline is located within 200 metres of the project location, and

xi. the NAV Canada Land Use Office and Transport Canada’s Regional Office for Ontario, if the project is in respect of a wind facility.

9. (1) Subsection 16 (2) of the Regulation is amended by striking out “the first public meeting is held” in the portion before clause (a) and substituting “the first public meeting is held under this section”.

(2) Subsection 16 (4) of the Regulation is amended by striking out “the first public meeting that is held” and substituting “the first public meeting that is held under this section”.

(3) Subsection 16 (5) of the Regulation is amended by striking out “the final public meeting is held” in the portion before clause (a) and substituting “the final public meeting is held under this section”.

(4) Paragraphs 1 and 2 of subsection 16 (6) of the Regulation are revoked and the following substituted:

1. All documents required under this Part to be submitted as part of the application, other than the consultation report prepared in accordance with Table 1 and the documents described in clauses 22 (a), 23 (3) (a) and 28 (3) (b) and (c).

2. All documents that are to be submitted as part of the application for the purposes of obtaining an exemption from a provision of Part V, other than the documents described in clauses 38 (2) (b) and (c), 41 (5) (b) and (c) and 43 (3) (b) and (c).

10. The Regulation is amended by adding the following section:

Proposal to change project, additional notice and consultation

16.0.1 (1) This section applies in respect of a person who is proposing to engage in a renewable energy project and who proposes to engage in the project in a manner that is different from the manner that was presented,

(a) at the final public meeting held under section 16; or

(b) if section 16 does not apply, in the notice published or posted under paragraph 1 or 2 of subsection 15 (6).

(2) A person mentioned in subsection (1) shall, as soon as reasonably possible after determining that a change to the project is desired, notify the Director of the proposed change by providing a written description of and a rationale for the proposed change.

(3) In the circumstances described in subsection (4), the Director may, by written notice to the person mentioned in subsection (1), require the person to do one or more of any of the following:

1. Prepare a notice, in a form approved by the Director, of,

i. the proposed change, or

ii. the location and time of a public meeting to be held for the purpose of conducting consultations in respect of the proposed change.

2. Distribute a notice mentioned in paragraph 1,

i. in accordance with paragraphs 1, 2, 3 and 4 of subsection 15 (6), to the persons mentioned in paragraph 5 of subsection 15 (6), and

ii. at least 30 days before the meeting mentioned in subparagraph 1 ii, if a public meeting is required under paragraph 3.

3. Hold one or more public meetings,

i. in each local municipality in which the project location is situated, and

ii. if the project location is in unorganized territory,

A. within 25 kilometres of the project location, or

B. in the local municipality that is closest to the project location, if there is no appropriate place to hold a public meeting in the area described in sub-subparagraph A,

4. Update the documents described in paragraphs 1 and 2 of subsection 16 (6) and make the updated documents available in the manner described in clauses 16 (5) (a) to (d) for a period of time specified by the Director.

(4) The Director may provide written notice under subsection (3) at any point before a decision is made about whether to issue a renewable energy approval in respect of the project if, in the opinion of the Director, failure to require additional public notification or public consultation under this section might result in an inadequate understanding by the public of the negative environmental effects of the proposed changes.

11. Subparagraphs 3 i and ii of subsection 17 (1) of the Regulation are revoked and the following substituted:

i. All documents required under this Part to be submitted as part of the application, other than the consultation report prepared in accordance with Table 1 and the documents described in clauses 22 (a), 23 (3) (a) and 28 (3) (b) and (c).

ii. All documents that are to be submitted as part of the application for the purposes of obtaining an exemption from a provision of Part V, other than the documents described in clauses 38 (2) (b) and (c), 41 (5) (b) and (c) and 43 (3) (b) and (c).

12. (1) Paragraph 2 of subsection 18 (2) of the Regulation is revoked and the following substituted:

2. A document required to be made available under subsection 16 (6).

(2) Subsection 18 (4) of the Regulation is amended by striking out “renewable energy project” and substituting “renewable energy approval”.

(3) Section 18 of the Regulation is amended by adding the following subsection:

(5.1) If the Director requires a person to prepare updated documents under paragraph 4 of subsection 16.0.1 (3), the person shall, when complying with that requirement, distribute copies of those updated documents to the persons mentioned in clauses (1) (a), (b) and (c).

13. (1) Clauses 19 (2) (a) and (b) of the Regulation are revoked and the following substituted:

(a) a copy of the written authorization,

(i) of the person or body set out opposite the description in Column 2 of the Table, and

(ii) of the type set out opposite the description in Column 3 of the Table; or

(b) written confirmation from the person or body set out in Column 2 of the Table that authorization is not required.

(2) Subsection 19 (3) of the Regulation is revoked.

(3) Items 4, 5 and 8 of the Table to section 19 of the Regulation are revoked and the following substituted:

 

4.	A property designated by order of the Minister of Tourism, Culture and Sport made under section 34.5 of the Ontario Heritage Act as a property of cultural heritage value or interest of provincial significance.	Minister of Tourism, Culture and Sport.	If, as part of the renewable energy project, the alteration of the property or the demolition or removal of a building or structure on the property is proposed, consent to alter the property or demolish or remove the building or structure.
5.	A property in respect of which a notice of intention to designate the property as property of cultural heritage value or interest of provincial significance has been given in accordance with section 34.6 of the Ontario Heritage Act.	Minister of Tourism, Culture and Sport.	If, as part of the renewable energy project, the alteration of the property or the demolition or removal of a building or structure on the property is proposed, consent to alter the property or demolish or remove the building or structure.

. . . . .

 

8.

A property designated as a historic site under Regulation 880 of the Revised Regulations of Ontario, 1990 (Historic Sites) made under the Ontario Heritage Act.

Minister of Tourism, Culture and Sport.

If, as part of the renewable energy project, the excavation or alteration of the property of historical significance is proposed, a permit to excavate or alter the property.

14. Sections 20, 21 and 22 of the Regulation are revoked and the following substituted:

Archaeological resources, specified projects

20. (1) This section applies to a person who proposes to engage in a renewable energy project in respect of,

(a) a Class 2 wind facility; 

(b) a Class 1 or 2 anaerobic digestion facility;

(c) a Class 1 thermal treatment facility, if the generating unit of the facility is located at a farm operation; or

(d) a Class 2 thermal treatment facility.

(2) A person mentioned in subsection (1) shall contact the Ministry of Tourism, Culture and Sport to determine whether the project location meets one or both of the following descriptions:

1. The project location is within 250 metres of an archaeological resource that is set out by that Ministry in records it maintains.

2. The project location is on property designated as an archaeological site under Regulation 875 of the Revised Regulations of Ontario, 1990 (Archaeological Sites) made under the Ontario Heritage Act.

(3) A person mentioned in subsection (1) shall contact the clerk of each local municipality and upper-tier municipality in which the project location is situated to determine whether the project location is in an area that has been identified on an archaeological management plan.

(4) If a person mentioned in subsection (1) has determined that the project location meets one of the descriptions set out in subsection (2) or is in an area described in subsection (3), the person shall ensure that,

(a) an archaeological assessment is conducted by a consultant archaeologist; and

(b) an archaeological assessment report is prepared by the consultant archaeologist mentioned in clause (a) and submitted to the Ministry of Tourism, Culture and Sport.

Archaeological resources, other projects

21. (1) Subject to subsection (3), this section applies to a person if the person proposes to engage in a renewable energy project in respect of which section 20 does not apply.

(2) A person to whom this section applies shall ensure that,

(a) an archaeological assessment is conducted by a consultant archaeologist; and

(b) an archaeological assessment report is prepared by the consultant archaeologist mentioned in clause (a) and submitted to the Ministry of Tourism, Culture and Sport.

(3) Subsection (2) does not apply if the person determines that there is low potential for the presence of an archaeological resource at the project location after considering the potential, which consideration must include completion of the document entitled “REA Checklist: Consideration of Potential for Archaeological Resources”, as amended from time to time, available from the Ministry of Tourism, Culture and Sport.

Archaeological assessment, documents to be included in application

22. As part of an application for the issue of a renewable energy approval, a person subject to subsection 20 (4) or 21 (2) shall submit,

(a) written comments provided by the Ministry of Tourism, Culture and Sport in respect of the archaeological assessment;

(b) the archaeological assessment report; and

(c) if the project location is on property described in paragraph 2 of subsection 20 (2), a copy of the permit issued by the Minister of Tourism, Culture and Sport to excavate or alter the property or to remove an artifact from that property, as the case may be.

15. (1) Subsections 23 (1) and (2) of the Regulation are revoked and the following substituted:

Heritage assessment

(1) Subject to subsections (2) and (5), a person who proposes to engage in a renewable energy project shall ensure that a heritage assessment is conducted, consisting of the following steps:

1. Conduct an investigation, including historical research and visual inspection, to determine whether,

i. there is potential for the presence of a heritage resource at the project location on any part of the project location that is not on a property described in Column 1 of the Table to section 19, and

ii. any properties described in Column 1 of the Table to section 19 abut the parcel of land on which the project location is situated.

2. If the determination under subparagraph 1 i is that there is potential for the presence of a heritage resource, confirm the presence or absence of a heritage resource by applying the criteria set out in Ontario Regulation 9/06 (Criteria for Determining Cultural Heritage Value or Interest) made under the Ontario Heritage Act.

3. Evaluate the impact of engaging in the renewable energy project on the heritage attributes of any heritage resources at the project location and on any abutting properties described in subparagraph 1 ii and provide recommendations for measures to avoid, eliminate or mitigate the impact if,

i. the determination under subparagraph 1 ii is that there are abutting properties as described in that subparagraph, or

ii. the presence of a heritage resource at the project location is confirmed under paragraph 2.

(2) Subsection (1) does not apply if the person determines that,

(a) there is low potential for the presence of a heritage resource at the project location after considering the potential, which consideration must include completion of the document entitled, “REA Checklist: Consideration of Potential for Heritage Resources”, as amended from time to time, available from the Ministry of Tourism, Culture and Sport; and

(b) there are no properties described in Column 1 of the Table to section 19 that abut the parcel of land on which the project location is situated.

(2.1) A person who is subject to subsection (1) shall submit a heritage assessment report to the Ministry of Tourism, Culture and Sport, consisting of,

(a) a summary of the qualifications and experience of the persons who conducted the assessment and prepared the report;

(b) a summary of the process followed in each applicable step of the heritage assessment and the conclusions reached at the end of each step;

(c) a description of any documents used to conduct the assessment;

(d) a statement of cultural heritage value or interest for each confirmed heritage resource, including a description of the heritage attributes;

(e) maps or diagrams depicting the project location, the renewable energy generation facility and any heritage resources and protected properties identified as a result of assessment; and

(f) the recommendations of the persons who conducted the assessment for measures to avoid, eliminate or mitigate the impact on heritage resources.

(2) Subsection 23 (3) of the Regulation is amended by striking out “a person mentioned in subsection (1)” in the portion before clause (a) and substituting “a person to whom this section applies”.

(3) Clause 23 (3) (a) of the Regulation is amended by striking out “the Ministry of Culture” and substituting “the Ministry of Tourism, Culture and Sport”.

(4) Section 23 of the Regulation is amended by adding the following subsections:

(4) For the purposes of this section, “heritage attributes” has the same meaning as in section 1 of the Ontario Heritage Act.

(5) This section does not apply to a person who proposes to engage in a renewable energy project in respect of,

(a) a Class 2 wind facility; 

(b) a Class 1 or 2 anaerobic digestion facility;

(c) a Class 1 thermal treatment facility, if the generating unit of the facility is located at a farm operation; or

(d) a Class 2 thermal treatment facility.

16. Clause 32 (1.1) (b) of the Regulation is amended by striking out “renewable energy project” and substituting “renewable energy approval”.

17. The Regulation is amended by adding the following Part:

Part iv.1
Renewable energy approvals — Application process after approval issued

Application of Part

32.1 (1) This Part applies to a person who,

(a) has obtained a renewable energy approval to engage in a renewable energy project; and

(b) proposes to engage in the project in a manner that would not be under the authority of and in accordance with the approval because the proposal,

(i) involves making a change in respect of the project, or

(ii) would not be consistent with the terms or conditions of the approval.

(2) Without limiting subclause (1) (b) (i), the change in respect of the project may be,

(a) a change to a renewable energy generation facility;

(b) a change to the manner of engaging in the project; or

(c) a change to, including an expansion of, the scope of the project.

Application and report, proposed change

32.2 (1) A person who proposes to engage in a renewable energy project as described in subsection 32.1 (1) may submit an application for one or both of the following:

1. The issue of a renewable energy approval in respect of the proposed change.

2. The alteration of the terms or conditions of a renewable energy approval in respect of the proposed alteration.

(2) For the purposes of subsection (1), an application shall consist of the following:

1. An application, in a form or format approved by the Director, for the proposed change or alteration.

2. One or more reports that set out a description of and rationale for the proposed change or alteration, including any proposed changes or alterations in respect of the following:

i. The name plate capacity of the renewable energy generation facility.

ii. The energy sources to be used to generate electricity at the renewable energy generation facility.

iii. The project location.

iv. The renewable energy generation facility, including any associated or ancillary equipment, systems or technologies.

v. The activities that will be engaged in as part of the project.

vi. The negative environmental effects that may result from engaging in the project.

vii. The measures to mitigate the negative environmental effects that may result from engaging in the project.

3. Any document that is required to be submitted for the purposes of obtaining an exemption from a provision of Part V.

Additional notice and consultation requirements

32.3 (1) In the circumstances described in subsection (2), the Director may, by written notice to a person who submitted an application under section 32.2, require the person to do one or more of the following:

1. Prepare a notice, in a form approved by the Director, of,

i. the proposed change or alteration, or

ii. the location and time of a public meeting to be held for the purpose of conducting consultations in respect of the proposed change or alteration.

2. Distribute a notice mentioned in paragraph 1,

i. in accordance with paragraphs 1, 2, 3 and 4 of subsection 15 (6), to the persons mentioned in paragraph 5 of subsection 15 (6), and

ii. at least 30 days before the meeting mentioned in subparagraph 1 ii, if a public meeting is required under paragraph 3.

3. Hold one or more public meetings,

i. in each local municipality in which the project location is situated, and

ii. if the project location is in unorganized territory,

A. within 25 kilometres of the project location, or

B. in the local municipality that is closest to the project location, if there is no appropriate place to hold a public meeting in the area described in sub-subparagraph A.

4. Make the report or reports prepared under paragraph 2 of subsection 32.2 (2) and any of the documents that are required to be obtained or prepared under section 32.4 available in the manner described in clauses 16 (5) (a) to (d) for a period of time specified by the Director.

(2) The Director may provide written notice under subsection (1), if, in the opinion of the Director, failure to require additional public notification or public consultation under this section might result in an inadequate understanding by the public of the negative environmental effects of the proposed changes or alterations.

Additional information requirements

32.4 The Director may, by written notice to a person who submitted an application under section 32.2, require the person to obtain or prepare, as the case may be, one or more of the documents that are required to be submitted as part of an application under Part IV.

Application of s. 13 (3) and (4)

32.5 Subsections 13 (3) and (4) apply in respect of this Part.

18. Section 33 of the Regulation is amended by adding the following subsections:

(4) Despite clause (3) (a), sections 53, 54 and 55 apply to a person in respect of a change to a wind turbine described in subsection (5) if the person,

(a) is otherwise eligible for the exemption set out in clause (3) (a) in respect of the wind turbine; and

(b) applies for an amendment to an environmental compliance approval that would have the effect of authorizing the person to change the location of the wind turbine or increase the name plate capacity or sound power level of the wind turbine.

(5) For the purposes of subsection (4), the following are changes to a wind turbine:

1. A change in the location of the wind turbine.

2. An increase in the name plate capacity or the sound power level of the wind turbine.

19. The Regulation is amended by adding the following section:

Reference to application

33.1 In this Part, a reference to an application for the issue of a renewable energy approval includes an application submitted under section 32.2.

20. (1) Paragraph 2 of subsection 54 (1.1) of the Regulation is revoked and the following substituted:

2. The noise receptors described in paragraph 4 of subsection 1 (4) that are specified in the environmental compliance approval or the renewable energy approval.  

(2) Paragraph 3 of subsection 54 (1.2) of the Regulation is revoked and the following substituted:

3. The day the person proposing to construct, install or expand the wind turbine submitted an application for the issue of an environmental compliance approval or a renewable energy approval.

(3) Subsection 54 (1.4) of the Regulation is amended by striking out “the issue of a renewable energy approval” and substituting “the issue of an environmental compliance approval or a renewable energy approval”.

(4) Subsection 54 (1.5) of the Regulation is amended by striking out “the issue of a renewable energy approval” and substituting “the issue of an environmental compliance approval or a renewable energy approval”.

(5) Clause 54 (5) (c) of the Regulation is amended by striking out “by the Director” at the end.

(6) Subclause 54 (5) (d) (ii) of the Regulation is revoked and the following substituted:

(ii) in respect of which the proposal has not been approved or refused under the Act; and

21. (1) Section 54.1 of the Regulation is amended by striking out “subsection 35 (1.1)” in the portion before clause (a) and substituting “subsection 35 (1.2)”.

(2) Subclause 54.1 (c) (v) of the Regulation is amended by striking out “and” at the end of sub-subclause (I) and by adding the following sub-subclauses:

(K) the secretary of every company operating an oil or natural gas pipeline, if the pipeline right of way is located within 200 metres of the project location if the notice is distributed on a day after the day Ontario Regulation 195/12 made under the Act comes into force, and

(L) the NAV Canada Land Use Office and Transport Canada’s Regional Office for Ontario, if the project is in respect of a wind facility if the notice is distributed on a day after the day Ontario Regulation 195/12 made under the Act comes into force;

(3) Subclause 54.1 (d) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(d) makes the draft site plan in respect of the project location available, within five days after publishing or posting the notice of the draft site plan under subclause (c) (i) or (ii) and until a decision is made under the Act in respect of the approval or refusal of the environmental compliance approval or the renewable energy approval, by,

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

(2) Clause 55 (1) (c) of the Regulation is amended by striking out “by the Director”.

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

(4) Subclause 55 (1) (d) (ii) of the Regulation is revoked and the following substituted:

(ii) the proposal has not been approved or refused under the Act; and

(5) Paragraph 2 of subsection 55 (2.1) of the Regulation is revoked and the following substituted:

2. The noise receptors described in paragraph 4 of subsection 1 (4) that are specified in the environmental compliance approval or the renewable energy approval.  

(6) Paragraph 3 of subsection 55 (2.2) of the Regulation is revoked and the following substituted:

3. The day the person proposing to construct, install or expand the wind turbine submitted an application for the issue of an environmental compliance approval or a renewable energy approval.

(7) Subsection 55 (2.4) of the Regulation is amended by striking out “the issue of a renewable energy approval” and substituting “the issue of an environmental compliance approval or a renewable energy approval”.

(8) Subsection 55 (2.5) of the Regulation is amended by striking out “the issue of a renewable energy approval” and substituting “the issue of an environmental compliance approval or a renewable energy approval”.

23. Section 61 of the Regulation is amended by adding the following definition:

“pre-2012 Regulation” means this Regulation as it read on December 31, 2011.

24. Section 62 of the Regulation is revoked and the following substituted:

Transition, Part IV and Table 1, projects commenced before 2011

62. (1) This section applies in respect of a person who proposes to engage in a renewable energy project who distributed on or before December 31, 2010, in respect of that project,

(a) a notice mentioned in clause 15 (1) (a); and

(b) if section 16 applies in respect of the person, a notice mentioned in clause 15 (1) (b) in respect of the first public meeting held under section 16.

(2) Subject to sections 62.1, 62.2 and 62.3, a person mentioned in subsection (1) is subject to the following rules:

1. Sections 13 to 16 and 17 to 32 of the pre-2011 Regulation and Table 1 of the pre-2011 Regulation continue to apply, and those portions of this Regulation do not apply.

2. References to the following portions of this Regulation in Part I, II, III, V, VI or VII or section 12 or 16.0.1 of this Regulation are deemed to be references to those portions of the pre-2011 Regulation:

i. Sections in Part IV, other than sections 12 and 16.0.1.

ii. Items in Table 1.

3. Subject to sections 63, 64 and 64.1, references to the following portions of the pre-2011 Regulation in sections 13 to 16 and sections 17 to 32 of the pre-2011 Regulation and in Table 1 of the pre-2011 Regulation are deemed to be references to those portions of this Regulation:

i. Sections in Part I, II, III, V, VI or VII.

ii. Section 12.

Election re ss. 23.1 and 28 of pre-2012 Regulation

62.1 (1) A person mentioned in subsection 62 (1) may elect to have sections 23.1 and 28 of the pre-2012 Regulation apply in respect of the renewable energy project by giving notice of the election to the Director as part of the application for the issue of a renewable energy approval.

(2) If a person makes an election under subsection (1), the person is subject to the following rules:

1. Sections 23.1 and 28 of the pre-2012 Regulation apply and section 28 of the pre-2011 Regulation does not apply.

2. References to sections 23.1 and 28 in Part I, II, III or VII or section 12 of this Regulation are deemed to be references to those sections in the pre-2012 Regulation.

3. References to section 28 in sections 13 to 16, 17 to 27 and 29 to 32 of the pre-2011 Regulation are deemed to be references to section 28 in the pre-2012 Regulation.

Election re other portions of pre-2012 Regulation

62.2 (1) Subject to subsection (2), a person mentioned in subsection 62 (1) may elect to have one or more portions of Part IV of the pre-2012 Regulation or of Table 1 of the pre-2012 Regulation apply, by giving written notice to the Director of his or her election as part of the application for the issue of a renewable energy approval.

(2) No election may be made under subsection (1) in respect of section 12, 23.1 or 28 of the pre-2012 Regulation.

(3) The notice of election under subsection (1) must identify the portions to which the election applies.

(4) If a person makes an election under subsection (1), the person is subject to the following rules:

1. The portions of Part IV of the pre-2012 Regulation or Table 1 of the pre-2012 Regulation that are identified in the notice apply, and the corresponding portions of the pre-2011 Regulation do not apply.

2. References in Part I, II, III or VII or section 12 of this Regulation to the identified portions in Part IV of the pre-2011 Regulation and Table 1 of the pre-2011 Regulation are deemed to be references to those portions of the pre-2012 Regulation.

3. References to the identified portions in Part IV of the pre-2011 Regulation and Table 1 of the pre-2011 Regulation, other than section 12, are deemed to be references to those portions of the pre-2012 Regulation.

Election for the application of Part IV

62.3 A person mentioned in subsection 62 (1) may elect to have Part IV and Table 1 apply by giving written notice to the Director of his or her election as part of the application for the issue of a renewable energy approval.

Transition, Part IV and Table 1, projects commenced after December 31, 2010

62.4 (1) This section applies in respect of a person who proposes to engage in a renewable energy project if,

(a) the person distributed a notice mentioned in clause 15 (1) (a) in respect of the project after December 31, 2010 and on or before the day Ontario Regulation 195/12 made under the Act comes into force; and

(b) one of the following circumstances applies:

(i) section 16 applies in respect of the person and a notice mentioned in clause 15 (1) (b) in respect of the first public meeting held under section 16 is distributed on or before the day Ontario Regulation 195/12 made under the Act comes into force,

(ii) section 16 does not apply in respect of the person and drafts of the documents identified in paragraphs 1 and 2 of subsection 18 (2) are distributed to the persons identified in subsection 18 (1) on or before the day Ontario Regulation 195/12 made under the Act comes into force.

(2) Subject to subsection (3), a person mentioned in subsection (1) is subject to the following rules:

1. Sections 15 and 16 and 17 to 23 of the pre-2012 Regulation and Table 1 of the pre-2012 Regulation continue to apply and those portions of this Regulation do not apply.

2. References to the following portions of the pre-2012 Regulation in Part I, II, III, V, VI or VII or section 16.0.1 of this Regulation are deemed to be references to those portions of the pre-2012 Regulation:

i. Sections in Part IV, other than section 16.0.1.

ii. Items in Table 1.

3. Subject to section 64.1, references to the following portions of the pre-2012 Regulation in sections 15, 16 and 17 to 23 of the pre-2012 Regulation and Table 1 of the pre-2012 Regulation are deemed to be references to those portions of this Regulation:

i. Sections in Part I, II, III, V, VI or VII.

ii. Section 16.0.1.

(3) A person mentioned in subsection (1) may elect to have Part IV and Table 1 apply by giving written notice to the Director of his or her election as part of the application for the issue of a renewable energy approval.

25. Subsection 63 (2) of the Regulation is amended by striking out “renewable energy project” at the end and substituting “renewable energy approval”.

26. Section 64 of the Regulation is amended by striking out “application for a renewable energy project” at the end and substituting “application for a renewable energy approval”.

27. The Regulation is amended by adding the following sections:

Transition, s. 1 (6)

64.1 Subsection 1 (6) of the pre-2012 Regulation continues to apply to a person who proposes to engage in a renewable energy project if, on or before the day Ontario Regulation 195/12 made under the Act comes into force, the person,

(a) distributes a notice mentioned in clause 15 (1) (b) in respect of the final public meeting held under section 16 in respect of the project, if section 16 applies in respect of the person; or

(b) submits an application for the issue of a renewable energy approval to the Director in respect of the project, if section 16 does not apply in respect of the person.

ss. 63, 64 and 64.1 cease to apply

64.2 Sections 63, 64 and 64.1 cease to apply in respect of a person once a renewable energy approval has been issued in respect of the renewable energy project and the installation, construction or expansion of the renewable energy generation facility has been completed.

28. (1) Item 4 of Table 1 of the Regulation is revoked and the following substituted:

 

4.	Design and operations report	1. Set out a site plan of the project location at which the renewable energy project will be engaged in, including,	Any renewable energy project, other than a project in respect of a Class 2 wind facility.
		i. one or more maps or diagrams of,
		A. all buildings, structures, roads, utility corridors, rights of way and easements required in respect of the renewable energy generation facility and situated within 300 metres of the facility,
		B. any ground water and surface water supplies used at the facility,
		C. any things from which contaminants are discharged into the air,
		D. any works for the collection, transmission, treatment and disposal of sewage,
		E. any areas where waste, biomass, source separated organics and farm material are stored, handled, processed or disposed of,
		F. the project location in relation to any of the following within 125 metres: the portion of the Oak Ridges Moraine Conservation Plan Area that is subject to the Oak Ridges Moraine Conservation Plan, the area of the Niagara Escarpment Plan, the Protected Countryside, the Lake Simcoe watershed, and
		G. any noise receptors or odour receptors that may be negatively affected by the use or operation of the facility,
		ii. a description of each item diagrammed under subparagraph i,
		iii. one or more maps or diagrams of land contours, surface water drainage and any of the following, if they have been identified in complying with this Regulation:  properties described in Column 1 of the Table to section 19, heritage resources, archaeological resources, water bodies, significant or provincially significant natural features and any other natural features identified in the Protected Countryside or in the portion of the Oak Ridges Moraine Conservation Plan Area that is subject to the Oak Ridges Moraine Plan,
		iv. a description, map or diagram of the distance between the base of any wind turbines and any public road rights of way or railway rights of way that are within a distance equivalent to the length of any blades of the wind turbine, plus 10 metres,
		v. a description, map or diagram of the distance between the base of any wind turbines and all boundaries of the parcel of land on which the wind turbine is constructed, installed or expanded within a distance equivalent to the height of the wind turbine, excluding the length of any blades, and
		vi. a description, map or diagram of the distance between the base of each wind turbine and the nearest noise receptor.
		2. Set out conceptual plans, specifications and descriptions related to the design of the renewable energy generation facility, including a description of,
		i. any works for the collection, transmission, treatment and disposal of sewage, including details of any sediment control features and storm water management facilities,
		ii. any things from which contaminants are discharged into the air,
		iii. any systems, facilities and equipment for receiving, handling, storing and processing any waste, biomass, source separated organics, farm material and biogas, and
		iv. if the facility includes a transformer substation, the works, facilities and equipment for secondary spill containment.
		3. Set out conceptual plans, specifications and descriptions related to the operation of the renewable energy generation facility, including,
		i. in respect of any water takings,
		A. a description of the time period and duration of water takings expected to be associated with the operation of the facility,
		B. a description of the expected water takings, including rates, amounts and an assessment of the availability of water to meet the expected demand, and
		C. an assessment of and documentation showing the potential for the facility to interfere with existing uses of the water expected to be taken,
		ii. a description of the expected quantity of sewage produced and the expected quality of that sewage at the project location and the manner in which it will be disposed of, including details of any sediment control features and storm water management facilities,
		iii. a description of any expected concentration of air contaminants discharged from the facility,
		iv. in respect of any biomass, source separated organics and farm material at the facility,
		A. the maximum daily quantity that will be accepted,
		B. the estimated annual average quantity that will be accepted,
		C. the estimated average time that it will remain at the facility, and
		D. the estimated average rate at which it will be used,
		v. in respect of any waste generated as a result of processes at the project location, the management and disposal of such waste, including,
		A. the expected types of waste to be generated,
		B. the estimated maximum daily quantity of waste to be generated, by type,
		C. processes for the storage of waste, and
		D. processes for final disposal of waste, and
		vi. if the facility includes a transformer substation,
		A. a description of the processes in place to prevent spills,
		B. a description of the processes to prevent, eliminate or ameliorate any adverse effects in the event of a spill, and
		C. a description of the processes to restore the natural environment in the event of a spill.
		4. Include an environmental effects monitoring plan in respect of any negative environmental effects that may result from engaging in the renewable energy project, setting out,
		i. performance objectives in respect of the negative environmental effects,
		ii. mitigation measures to assist in achieving the performance objectives mentioned in subparagraph i, and
		iii. a program for monitoring negative environmental effects for the duration of the time that the project is engaged in, including a contingency plan to be implemented if any mitigation measures fail.
		5. Include a response plan setting out a description of the actions to be taken while engaging in the renewable energy project to inform the public, aboriginal communities and municipalities, local roads boards and Local Services Boards with respect to the project, including,
		i. measures to provide information regarding the activities occurring at the project location, including emergencies,
		ii. means by which persons responsible for engaging in the project may be contacted, and
		iii. means by which correspondence directed to the persons responsible for engaging in the project will be recorded and addressed.
		6. If the project location is in the Lake Simcoe watershed, a description of whether the project requires alteration of the shore of Lake Simcoe, the shore of a fresh water estuary of a stream connected to Lake Simcoe or other lakes or any permanent or intermittent stream and,
		i. how the project may impact any shoreline, including the ecological functions of the shoreline, and
		ii. how the project will be engaged in to,
		A. maintain the natural contour of the shoreline through the implementation of natural shoreline treatments, such as planting of natural vegetation and bioengineering, and
		B. use a vegetative riparian area, unless the project location is used for agricultural purposes and will continue to be used for such purposes.
		7. If it is determined that the project location is not on a property described in Column 1 of the Table to section 19, provide a summary of the matters addressed in making the determination.
		8. If section 20 applies in respect of the project and it is determined that the project location does not meet one of the descriptions set out in subsection 20 (2) or that the project location is not in an area described in subsection 20 (3), provide a summary of the matters addressed in making the determination.
		9. If subsection 21 (3) or 23 (2) applies, provide a summary of the matters addressed in making the determination,
		i. under subsection 21 (3) or clause 23 (2) (a), as the case may be, including a copy of the document completed under the applicable provision, and
		ii. under clause 23 (3) (b), if applicable.

(2) Item 10 of Table 1 of the Regulation is revoked and the following substituted:

 

10.	Project description report	Set out a description of the following in respect of the renewable energy project:	Any renewable energy project.
		1. Any energy sources to be used to generate electricity at the renewable energy generation facility.
		2. The facilities, equipment or technology that will be used to convert the renewable energy source or any other energy source to electricity.
		3. If applicable, the class of the renewable energy generation facility.
		4. The activities that will be engaged in as part of the renewable energy project.
		5. The name plate capacity of the renewable energy generation facility.
		6. The ownership of the land on which the project location is to be situated.
		7. If the person proposing to engage in the project does not own the land on which the project location is to be situated, a description of the permissions that are required to access the land and whether they have been obtained.
		8. Any negative environmental effects that may result from engaging in the project.
		9.  If the project is in respect of a Class 2 wind facility and it is determined that the project location is not on a property described in Column 1 of the Table to section 19, a summary of the matters addressed in making the determination.
		10. If the project is in respect of a Class 2 wind facility in respect of which section 20 applies and it is determined that the project location does not meet one of the descriptions set out in subsection 20 (2) or that the project location is not in an area described in subsection 20 (3), a summary of the matters addressed in making the determination.
		11. An unbound, well marked, legible and reproducible map that is an appropriate size to fit on a 215 millimetre by 280 millimetre page, showing the project location and the land within 300 metres of the project location.

Commencement

29. This Regulation comes into force on the later of July 1, 2012 and the day it is filed.