Part 1: Consultation Requirements

1. Goals of Consultation under the REA

Consultation is a critical component of the Renewable Energy Approval (REA) process allowing for a two-way exchange of information between the REA applicant and interested or potentially affected local groups, Aboriginal communities, members of the public as well as municipalities and local boards. Consultation should educate and inform local communities about the project, including the location and negative environmental effects that will or are likely to occur, to help ensure that concerns are identified early and addressed where possible, in a transparent manner. Consultation also enables applicants to obtain and use local knowledge in their project designs and in the assessment of negative environmental effects that will or are likely to occur.

The main goals of consultation in the REA process are:

  • To ensure that relevant information about the renewable energy project proposed to be developed is provided to the relevant Aboriginal communities, members of the public, municipalities and local boards;
  • To obtain/identify relevant information/local knowledge from the local community, municipalities and Aboriginal communities;
  • To identify concerns that may arise from the proposed renewable energy project; and
  • To address concerns by way of providing additional information, explanation, changing project design or making commitments in response to local input.

To help achieve these goals, O. Reg. 359/09 provides clear and transparent minimum requirements for consultation with Aboriginal communities, municipalities and the public. These minimum requirements involve rules for notification and consultation with Aboriginal communities, public notification, holding public meetings, making reports available, and engaging municipalities. The following sections outline these requirements to assist applicants with conducting meaningful consultation.

It is important to emphasize that O. Reg. 359/09 stipulates the absolute minimum requirements that must be met in order to submit a complete REA application. Applicants are recommended to consider ways in which consultation can be enhanced beyond the minimum standards to fully engage the local community and stakeholders. Detailed and fulsome discussion of the project will improve REA applications by ensuring all concerns are heard, evaluated and addressed, if appropriate.

Consultation is one important aspect of being a good neighbour. All applicants for an REA should read Chapter 11 of this guide which provides tips for being a good neighbour by going beyond the minimum regulatory requirements.

1.1. Consultation Requirements Overview

Figure 6 below depicts the key steps in the REA consultation process including the minimum timelines related to particular requirements.

Figure 6: Overview of consultation requirements in the REA application

Consultation Requirements for Renewable Energy Approvals

Diagram overview of consultation requirements for Renewable Energy Approvals, including: engagement/relationship building with Aboriginal communities and consultation requirements, and requirements prior to both the first public meeting and the final public meeting prior to submitting an REA application. Additional public meetings are also recommended.

This diagram only applies to projects that require public meetings. Class 2 wind facilities, Class 1 or 2 anaerobic digestion facilities, Class 1 thermal treatment facilities (if the generating unit of the facility is located at a farm operation) and Class 2 thermal treatment facilities do not have mandatory public meeting requirements. However, there are additional notification, document dissemination and other consultation requirements for these projects and the sections below provide more information on timing. For the purposes of this section, these types of projects will be referred to as “projects that don’t require public meetings”.

Applicants are advised to keep in mind that consultatons conducted to satisfy sections 15 to 18 of the REA regulation are used by MNRF to inform decisions regarding permits, approvals and the use or occupation of Crown lands. To avoid duplication and provide greater clarity to interested and potentially affected parties, applicants should ensure that the project as a whole is presented during consultations. Information and drafts of reports and technical studies provided for consultations should include all APRD information used to supplement REA reports and any standalone APRD information where required.

In particular, draft reports and information presented at public meetings must provide sufficient detail for interested parties to achieve a full understanding of activities proposed on Crown land, including detailed depictions of boundaries and propposed access routes. Applicants should follow the direction outlined in this Guide to determine the level of specificity that should be provided when describing Crown land activities for the purposes of consultation (e.g. activity purpose, proposed location, intensity, duration, etc.).

2. Aboriginal Consultation

Consultation with Aboriginal communities is required for all renewable energy projects that require an REA. With the exception of Class 2 wind facilities, all REA applicants must meet specified Aboriginal consultation requirements under sections 14 to 17 of O. Reg. 359/09.

2.1. Ministry Guidance on Aboriginal Consultation

The Ministry of the Environment and Climate Change (MOECC) has developed guidance on Aboriginal consultation for the purpose of obtaining an REA. In light of this further guidance, this chapter will simply provide an overview of the minimum consultation requirements under O. Reg. 359/09. The Aboriginal Consultation Guide for preparing a Renewable Energy Approval (REA) Application should be read by all applicants who need to conduct Aboriginal consultation as part of their REA application. The Aboriginal Consultation Guide can be found on the Ministry’s website.

2.2. Brief Overview of Regulatory Requirements for Aboriginal Consultation

Applicants in respect of all renewable energy projects, except for Class 2, wind facilities must conduct consultation with Aboriginal communities. The first step in this consultation process is for the applicant to obtain a list of communities that must be consulted (the “Aboriginal Consultation List”) from the MOECC.

Obtaining an Aboriginal Consultation List

To obtain an Aboriginal Consultation List, the applicant must provide the Director with a draft of the Project Description Report (PDR). Further guidance on preparing this report is provided in Chapter 4 of this guide, including specific guidance on the content needed in the draft PDR for the purpose of obtaining an Aboriginal Consultation List.

Upon receiving the draft PDR the ministry will coordinate, across the Ontario Government, the generation of a list of Aboriginal communities that may have constitutionally protected Aboriginal or treaty rights that may be adversely affected by the project or those that may have an interest in negative environmental effects of the project that will or are likely to occur. Once the list is generated, it will be provided to the applicant so that the applicant may use the list to notify Aboriginal communities of the project and conduct consultation.

Conducting Consultation Activities

Aboriginal consultation can include a range of activities (i.e. notification, meetings, more in depth discussions, etc.) that can proceed through the pre-application phase and may also include dialogue throughout the project life. The Aboriginal Consultation Guide for preparing a Renewable Energy Approval (REA) Application provides more direction on how to scope consultation activities to adequately consult with Aboriginal communities that have been provided to an applicant on the Aboriginal Consultation List.

Disseminating Reports and Report Summaries

One of the minimum requirements for Aboriginal consultation under the REA process is that applicants must provide project notices, draft documents and document summaries to communities on their Aboriginal Consultation List. These requirements have timing implications for the REA process and they are described here.

All applicants, except those applying in respect of a Class 2 wind facility, must provide the following documents to all identified Aboriginal communities:

  1. A draft of the Project Description Report (PDR);
  2. Any information the person has regarding any adverse impacts that the project may have on constitutionally protected Aboriginal or treaty rights that the community may have identified as being adversely impacted by the project;
  3. A written summary of each report (with the exception of the Consultation Report) that will be submitted as part of the REA application; and
  4. A written request to the community to provide any information (in writing) that, in the opinion of the community, should be considered in preparing any of the reports summarized above.

For applications that involve mandatory public meetings this package of documents and request for information must be sent to all identified communities in advance of the applicant making draft reports available to the public (i.e. the 60 day minimum timeline under section 16 of O. Reg. 359/09).

Drafts of all of the documents (other than the Consultation Report and written confirmation and comment letters from the MNRF and MTCS) must be sent and made available to the identified Aboriginal communities at least 60 days in advance of the final public meeting. Draft documents may be sent to the identified Aboriginal communities in paper or electronic format as preferred by the Aboriginal community.

For applications in respect of facilities that don’t require public meetings, the above documents and request for information should be provided to all identified Aboriginal communities a minimum of 30 days in advance of submitting an application for an REA. In addition, applicants are required to communicate with Aboriginal communities regarding any constitutionally protected Aboriginal or treaty rights that a community identifies as being adversely impacted as well as measures for mitigating any adverse impacts.

3. Notices of the Project and of Public Meetings

A critical element of consulting on a renewable energy project is providing notification to the public and other key stakeholders. The REA regulation has a number of requirements stipulating when and how notification should be made. Generally, applicants are required to provide notification about the project proposal itself, when and where public meetings will take place, as well as notification that an application has been submitted for review by the ministry. The following sections describe these requirements in more detail.

3.1. Notice of Proposal to Engage in a Project

All renewable energy projects that require an REA, regardless of class or energy source, require a Notice of Proposal to Engage in a Project to be issued. The content of this notice includes a brief description of the project proposal including a map of the project location as well as contact information of the applicant.

In preparing a Notice of Proposal to Engage in a Project, applicants must use the content/format of the template entitled “The Renewable Energy Approval – Notice of a Proposal to Engage in a Renewable Energy Project s. 15 (1)(a) Ontario Regulation 359/09”. This template can be found in Appendix 3 and on the ministry’s website in the renewable energy resources section.

With respect to timing constraints, the Notice of Proposal to Engage in a Project is one of the first steps in consultation; a notice must be issued a minimum of 30 days in advance of the first public meeting held for the project. As will be described in the next section, if a Notice of a Public Meeting is also required, both the meeting and project notices can be issued together.

For projects that do not require public meetings, the Notice of Proposal to Engage in a Project must be issued at least 30 days before the application for an REA is submitted to the ministry.

3.2. Notice of Public Meeting(s)

If an applicant is required to hold public meetings, a Notice of a Public Meeting must be issued in advance of the required meetings. The Notice of a Public Meeting includes similar information to the Notice of Proposal to Engage in a Project, with additional information about where and when one or more meetings will take place and where the public can go to view project documents in advance of the meeting.

The Notice of a Public Meeting must be in the form of the template entitled “The Renewable Energy Approval – Notice of Meetings 15 (1) (b) Ontario Regulation 359/09.” This template can be found in Appendix 3 and on the ministry’s website in the renewable energy resources section. Where an applicant wishes to do so, the Notice of Proposal to Engage in a Project and the Notice of a Public Meeting, may be distributed together.

The Notice of Public Meeting must be distributed at least 30 days before the first public meeting. A separate Notice of Public Meeting must be issued at least 60 days in advance of the final public meeting if the date and location of the second public meeting was not disclosed as part of the first notice.

3.3. Distribution of Notices

As per section 15 of O. Reg. 359/09, applicants are required to publish notices in a number of locations and provide them to a number of organizations/people. These are:

Publication
  • If the project location is situated in a local municipality, the notice must be published on at least two separate days in a newspaper with general circulation in the local municipality.
    • If the project is located in more than one local municipality the notice should be posted in a newspaper or newspapers with circulation in each local municipality.
  • If the project location is in unorganized territory, the notice must be published on at least two separate days in a newspaper with general circulation within 25 km of the project location.
    • If no newspaper exists, the notice must be posted in at least six conspicuous locations within 25 km of the project location. If the project location is not close to a developed settlement, applicants may consider posting the Notice(s) at the nearest road intersection within 25 km of the project location as well as on the project location. The size of such notice may be adjusted to increase its visibility.
  • If it is reasonable to do so, the notice must be published in a newspaper printed by each Aboriginal community on the Aboriginal Consultation List.
    • The publication in a newspaper in an Aboriginal community requires the publisher of the newspaper to agree to the notice’s publication.
  • If the applicant has a website, the notice must be posted on the applicant’s website.
  • While it is not a legal requirement, buildings frequented by the local community members such as libraries, community centres, municipal office buildings, local grocery stores, First Nations band offices and post offices should be considered for posting project notice(s), where it is permitted to do so.
Notice Provided To

Copy of the notices must also be provided to:

  • Every assessed owner of land within 120 m of the project location, if the project involves a facility other than a Class 3, 4, and 5 wind facility (see inset for notice rules for these projects);

    Notification of Landowners
    (Class 3, 4 and 5 Wind)

    For larger wind facilities (Class 3, 4 and 5), notice must be provided to every assessed landowner within 550 m of the project location. This rule ensures all potentially affected landowners are specifically notified.

  • Every assessed owner of land abutting a parcel of land on which the project is located;
  • Every Aboriginal community on the applicant’s Aboriginal Consultation List;
  • The clerk of every local and upper-tier municipality in which the project is located;
  • The secretary-treasurer of each local roads board of a local roads area in which the project location is situated;
  • The secretary of each Local Services Board of a board area in which the project location is situated;
  • The secretary-treasurer of a planning board that has jurisdiction in an area in which the project location is situated;
  • The chair of the Niagara Escarpment Commission, if the project location is in the area of the Niagara Escarpment Plan;
  • The Director at MOECC as well as the ministry’s district manager in each district in which the project location is situated;
  • The secretary of every company operating an oil or natural gas pipeline if the pipeline right of way is within 200 metres of the project location;
  • The land use office of NAV Canada (class 3, 4 and 5 wind facilities only); and
  • Transport Canada’s Regional Office for Ontario (class 3, 4 and 5 wind facilities only).

Local municipalities may be able to provide assistance to applicants with identifying organizations/people to which notification is required (i.e. companies operating an oil or natural gas pipeline). In the cases where the applicant is unable to ascertain the name of the party to be notified, as outlined in O. Reg. 359/09 (e.g. the secretary of every company operating an oil and natural gas pipeline if the pipeline right of way is within 200 metre of the project location), the applicant may send the notice to the corporate address of the company, addressing it to the required title/position (i.e. to the attention of the “secretary”).

The above list is a minimum requirement but not exhaustive. Applicants are encouraged to also provide notice to other potentially interested persons that the applicant is aware of (such as landowners in the vicinity of the project location, local interest groups, businesses, and members of the public that may be affected by some aspect of the project). For projects proposed on Crown land or abutting lands, this list may also include Crown land tenure holders and users such as mining claim or lease holders, and those with licenses or permits. Providing notices to these parties may also contribute to completion of the Crown Land Interests Report required through the APRD.

For small-scale projects with minimal negative environmental effects and low public concern, providing notices to the above list will likely be adequate. However, for larger projects with more significant negative environmental effects that will or are likely to occur and high levels of public interest, providing Notices beyond the above list could enhance consultation. Applicants should also distribute copies of notices to other relevant agencies (such as the Ministry of Natural Resources and Forestry(MNRF), local conservation authorities, federal government agencies, etc.). In particular, proponents of Class 3, 4 and 5 wind facilities are encouraged to contact the following federal departments regarding their proposed facility (contact information is provided in Appendix 2):

  • Canadian Broadcasting Corporation (CBC): Requires applicants to comply with Radio Advisory Board of Canada (RABC) and Canadian Wind Energy Association (CanWEA) guidelines and to notify CBC of any proposed wind facilities;
  • Royal Canadian Mounted Police (RCMP): Requires all applicants with potential wind facilities to contact the RCMP Mobile Communications Services;
  • NAV Canada: Applicants must contact NAV Canada to determine if a proposed wind facility may potentially disturb air navigation and radar systems. NAV Canada may request a wind proponent to move turbines a certain distance from the navigation and radar systems, or require the airport to alter instrument approaches. As a best practice, facilities should also contact NAV Canada due to the potential issue of solar glare;
  • Environment Canada: Applicants with wind facility proposals must contact Environment Canada (EC) if the proposed facility has the potential to impact migratory birds in any way. Applicants with proposed wind facilities must contact EC, to access potential interference with weather radar signals and their ability to detect severe weather conditions. In addition, EC holds information that may be of use to the province and applicants in assessing the existing environment and/or its effects on the facility, including climatological records, weather forecasts, ice cover and water level and flow data. Contact EC, Environmental Assessment Section.

Applicants of proposed wind facilities must contact EC, to assess potential interference with weather radar signals and their ability to detect severe weather conditions. Contact EC, National Inquiry Response Team.

In addition, EC holds information that may be of use to the province and applicants in assessing the existing environment and/or its effects on the facility, including climatological records, weather forecasts, ice cover and water level and flow data.

Notices are critical to ensure meaningful participation of interested and/or potentially affected parties. In addition to giving notice, applicants may use different means such as flyers, posters, internet, email and radio or TV announcements to communicate information about and solicit feedback on the project.

It may be possible to coordinate public notice requirements under the REA regulation with the notice requirements under other legislation. If applicants wish to provide coordinated notices for their renewable energy projects, applicants should consult the MOECC before they post coordinated notices.

4. Public Meetings

Public meetings are a critical component of consultation because they provide a forum for an applicant to discuss the project directly with the community and hear about any concerns first hand. Given that renewable energy projects will become part of a community for 20 years or longer, fostering good relations with the community early in the process will promote long-term success. Community consultation and effective relationship building can help to make projects beneficial and acceptable to all involved.

At a minimum, for most facility types O. Reg. 359/09 (subsection 16 (1)) requires that applicants hold two public meetings at the following locations:

  • In each local municipality in which the project location is situated; or
  • If the project location is in unorganized territory:
    • Within 25 kms of the project location; or
    • If there is no appropriate place to hold a public meeting within 25 km of the project location, than the local municipality that is closest to the project location.

Public meetings are not required for the following facility types:

  • Class 2 wind facilities;
  • Class 1 or 2 anaerobic digestion facilities;
  • Class 1 thermal treatment facilities, if the generating unit of the facility is located at a farm operation; or
  • Class 2 thermal treatment facilities.

Applicants should consider how the logistical aspects of a public meeting can be planned to ensure everyone who wants to attend the meeting will have an opportunity to be presented with project information as well as an opportunity to raise concerns or otherwise comment on the project. This can include presentations, open house, displays, or other means to provide information and solicit feedback. Consideration should be given to making materials available in alternative/ accessible formats. The venue selection should also ensure an effective exchange can occur. The venue should be easily accessible and located close to the project location. The timing of the meeting should be planned well in advance to allow members of the community to attend (e.g. in the evening). Where venue logistics may pose challenges for effectively engaging all interested members of the public, multiple meetings could be proposed. Since the applicant must submit a record of comments received at all public meetings in the Consultation Report (see Part 2 of this chapter for further guidance on this report), the applicant should plan meeting logistics to ensure that comments can be recorded.

Applicants should expect the public to have questions about the project and should be prepared to provide answers at all public meetings and in response to questions submitted in writing. Where the information is not readily available, the applicant should commit to provide a response in the future and follow through on that commitment. Being responsive to a community’s need for information is a key part of being a good neighbour. More information on tips for being a good neighbour can be found in Chapter 11 of this guide.

4.1. First Public Meeting

The first public meeting is an early opportunity for the applicant to provide information about the project and to receive information from those attending to ensure all local interests and concerns will be considered in planning the project. This meeting should provide an opportunity for the public to ask questions about the project and for the applicant to respond and to listen to the community. At this meeting applicants should convey to the public that project plans will continue to evolve based on comments received.

Applicants should schedule this meeting at a point in the project planning that will maximize its benefit in helping stakeholders understand negative environmental effects that will or are likely to occur. For instance, the meeting should only be held when the applicant has a clear project concept so that the specifics of the project can be discussed at the meeting. The meeting should also be held at a time that is early enough in project planning so that information gained at the meeting (for instance the identification of a previously unidentified cultural heritage resource or noise receptor in the vicinity of the project location) can be incorporated into project planning. It is likely that information raised at the first public meeting will influence the scope of studies and reports for the application.

While the general timing of the first public meeting should be determined by the applicant, this meeting can only be conducted if notice of the meeting (and of the project itself) has been provided at least 30 days in advance to all of the organizations and people noted above. An additional requirement is that the applicant makes available a draft PDR for review, also at least 30 days in advance of the meeting. In accordance with subsection 16 (2) of O. Reg. 359/09, the draft PDR must be made available in the following ways:

  1. By posting the draft report on the applicant’s website, if the applicant has a website.
  2. Making paper copies of the draft report publicly available (e.g. by placing them at municipal offices or a public library) in each municipality or unorganized territory in which the project is located.
  3. Making paper copies available to each Aboriginal community on the Aboriginal Consultation List or any additional communities identified by the applicant (see section 2.2. of this chapter for further explanation).

Providing the draft PDR in advance allows people who wish to attend the meeting to consider the project proposal prior to the meeting.

When conducting the first public meeting, the draft PDR must be made available for review by attendees, as per subsection 16 (4) of O. Reg. 359/09. This draft report, and specifically the description of negative environmental effects of the project that will or are likely to occur, should be the focus of the first meeting. However, applicants should also provide information about their ongoing pre-application activities, such as studies and investigations planned, as well as proposed application timing.

4.2. Additional Public Meetings

Applicants are recommended to hold additional public meetings beyond the minimum two required by O. Reg. 359/09, if such meetings would enhance public consultation. Conducting a comprehensive consultation program will give a greater opportunity for the applicant to learn about local concerns so that they may be addressed by the applicant, if appropriate. This will also allow the applicant more opportunity to accurately communicate the details of proposal to the community, including how the project proposal has evolved in response to information brought forward by the community at earlier meetings, if applicable.

Depending on the local interest in the project, applicants can also consider going beyond the minimum consultation requirements by establishing a representative group or “Public Liaison Committee” for the project. Having a group that represents local residents, the local municipality and other interested groups early demonstrates a commitment to long-term positive relations and encourages local participation in the development process. This and other ideas for going beyond the minimum requirements to be a good neighbour are discussed further in Chapter 11 of this guide.

4.3. Final Public Meeting

The final public meeting should take place when the applicant has completed all the necessary studies and drafted all reports needed to submit a complete REA application. This final meeting is an opportunity for the public to review the detailed project proposal and provide comment on all the studies and investigations that have been conducted in respect of the project.

To enable this final review, subsection 16 (5) of O. Reg. 359/09 requires applicants to make available drafts of all the reports and technical studies that will be submitted as part of their REA application (other than the consultation report and written confirmation and comments from the Ministry of Tourism, Culture and Sport (MTCS) and MNRF, obtained in respect of cultural and natural heritage assessments) a minimum of 60 days in advance of the final public meeting. The locations where the draft documents must be made available are the same as the locations for the draft PDR in advance of the first public meeting:

  • By posting the draft report on the applicant’s website, if the applicant has a website.
  • Making paper copies of the draft report publicly available (e.g. by placing them at municipal offices or a public library) in each municipality or unorganized territory in which the project is located.
  • Making paper copies available to each Aboriginal community on the Aboriginal Consultation List or any additional communities identified by the applicant (see section 2.2 above for further explanation).

Guidance related to venue logistics provided in section 4.1 above should be considered for the final public meeting. Given the volume of project information to be discussed at the final public meeting, applicants should consider how the meeting can be planned to facilitate a thorough discussion. For example, to the extent possible, applicants should plan to have appropriate personnel present at the meeting to be able to answer questions about all project documents.

5. Consultation with Municipalities and other Local Authorities

Consultation with municipalities and other local authorities is a critical element of the REA application process. Most renewable energy projects will require municipal services/infrastructure for certain project activities and many could result in negative environmental effects that could adversely affect municipal infrastructure or otherwise be of interest to the municipality (e.g. impacts on traffic flow during construction). Municipalities, including their elected council, are also an important window into the local community with significant experience in working with the local public.

Given the importance of municipal consultation, there are specific requirements for municipal consultation for renewable energy projects in O. Reg. 359/09. With the exception of Class 2 wind facilities, all REA applicants must meet consultation requirements that include notification of the project, the provision of draft project documents and the provision of a municipal consultation form, all in accordance with minimum regulated timelines. The specifics of these requirements are described in the sections that follow.

It should be noted that, as with public and Aboriginal consultation, applicants should consider how municipal consultation can be enhanced by going beyond the minimum requirements under O. Reg. 359/09. While the REA regulation has provided for a formal exchange of municipal comments through the municipal consultation form, applicants are recommended to meet with all municipalities (including both municipal staff and council members) as well as other local authorities (e.g. local roads board) to discuss the project. Meetings should happen at an early stage in project planning to foster a constructive working relationship. Since municipal permits, such as building permits, are often required outside of the REA process, a meeting can also be an opportunity to discuss additional requirements and the optimization of permit timelines.

5.1. Provision of draft Documents

As per section 18 of O. Reg. 359/09, REA applicants must provide draft documents to the clerk of all local and upper tier municipalities as well as to the secretary- treasurer of all local roads boards and the secretary of all local service boards where the project is located according to regulated timelines. For facilities that require public meetings, these timelines are:

At Least 30 Days in Advance of the First Public Meeting

  • A draft of the PDR must be provided; and
  • A municipal consultation form must be provided.

At Least 90 Days in Advance of the Final Public Meeting

  • Drafts of all REA documents required as part of a complete application must be provided except:
    • The Consultation Report; and
    • Written confirmation and comments from MTCS and MNRF in respect of cultural and natural heritage assessment requirements.

For facilities that require municipal consultation but do not require public meetings (Class 1 and Class 2 anaerobic digestion facilities, Class 1 thermal treatment facilities if located on a farm, Class 2 thermal treatment facilities), the municipal consultation form and all draft project documents must be provided to each municipality, local roads board and local service board at least 30 days in advance of submitting an REA application.

5.2. Municipal Consultation Form

To provide municipalities and local authorities with an opportunity to provide written comments that can be reviewed by the applicant and the MOECC (upon submission of a complete REA application), O. Reg. 359/09 specifies that a municipal consultation form must be provided to all local municipalities and road/service boards by the applicant.

Both the proponent and the municipality should work to clarify expectations at an early stage in project planning. The Municipal Consultation Form is a formal way for municipalities to comment on any issues. Applicants should consider issues raised by the municipalities in the municipal consultation form and, where appropriate, revise project plans to address issues in advance of submitting a REA application.

The structured municipal consultation form is a two-part form. Part A is completed by the applicant to highlight elements of the project that have implications for municipal infrastructure and servicing. Part B includes fields for the municipality or local authority to comment on how the project may impact specific municipal services and infrastructure. The final completed form is then sent to the applicant so that the concerns raised can be reviewed and addressed as appropriate. This form should be submitted as part of an REA application.

The municipal consultation form is contained in Appendix 4 of this guide, but it is also available on the MOECC website as Publication # 7450e. The specific information related to servicing and infrastructure that the form explores is outlined below. If additional municipal services and infrastructure may be impacted by the project, applicants and municipalities are encouraged to include this information within the Municipal Consultation Form

  • Proposed road access during construction and after commissioning;
  • Location and types of municipal service connections that may be required;
  • Traffic management plans during construction and, if necessary, operation;
  • Plans for the rehabilitation of areas disturbed and/or municipal infrastructure damaged during construction;
  • Emergency management procedures/safety protocols;
  • Proposed site landscaping, if applicable;
  • Easements or restrictive covenants on the property;
  • Location of fire hydrants and connections to drainage, water works and sanitary sewers and water mains;
  • Location of buried kiosks and above-grade utility vaults;
  • Location of existing and proposed gas and electricity lines and connections;
  • Location of transmission or distribution lines in road allowances;
  • Building Code permits and licences;
  • Identification of any significant natural features and water bodies;
  • Identification of any protected properties, archaeological or heritage resources; and
  • Identification of any municipal aerodromes/airports.

Applicants are also expected to use the Part A of the form to direct municipalities to the draft document(s) and page number(s) where relevant information regarding each of the items above can be found.

When submitted as part of a complete REA application, the MOECC will carefully consider all comments raised by the municipality. Applicants should document in their Consultation Report how the comments were considered and note any project changes arising from municipal comments. When reviewing an application, the Consultation Report will also be reviewed to determine the extent to which the application resolves any issues raised on the municipal consultation form. If an REA is granted for the project, the ministry can attach conditions to the approval that require the applicant to carry out activities to further address a municipal issue, if needed. It is in the applicant’s interest to conduct comprehensive consultation, such as through additional meetings, with municipalities and other local authorities to determine how municipal concerns can be addressed through changes to the project proposal.

Location of Transmission or Distribution Lines in Road Allowances

When new or enhanced lines are located on municipal road allowances, municipalities may have concerns or preferences about the placementor location of the lines including associated poles or towers. For example, a proposed new line could have impacts on other existing or planned infrastructure in the road allowance or impact the use or maintenance activities for the road itself. In these situations, the proponent should also engage the municipality at an early stage in project planning.

5.3 REA Site Plan Approval and Building Permit Request Form

To encourage timely sharing of site plan approval or building permit information, municipalities will have 60 days to disclose this approval or permit information upon receipt of a proponent’s written request, in order for an approved but not as of yet constructed building or structure to be considered a noise receptor.

The proponent must make a written request for site plan approval or building permit information to the Clerk of the municipality through registered mail using a form and format approved by the Director. This Site Plan Approval and Building Permit Request Form is available online.

  • So that the 60 day period starts at the same time for projects, the request to the municipality or municipalities must be made in respect of all of the locations in question on the same day.

Following the 60 day time period, a proponent must either commence the REA process by publishing a Draft Site Plan or submitting an application for approval within an additional 60 days. This is intended to prevent a time gap between when the site plan approval / building permit information is requested from the municipality, and when the proponent commences the REA process.

  • Regardless of the 60 day time period, if a building permit is brought to the attention of the proponent by a landowner or a municipality before issuing a Draft Site Plan or submitting an application to the ministry, it must be considered by the proponent.

6. Issuing a Draft Site Plan for Class 3 and 4 Wind Facilities

Applicants proposing a Class 3 and 4 wind facility should note that O. Reg. 359/09 contains provisions for the issuance of Draft Site Plan(s) in advance of submitting an application. By issuing Draft Site Plan(s), the locations of noise receptors can be fixed in order to complete project planning with a defined picture of the siting constraints. More information on the Draft Site Plan and the requirements for issuing notice(s) are given in Chapter 3.

7. Consultation through the Environmental Registry

Upon receiving a complete application for an REA, the MOECC will publish a proposal notice in respect of the application on the Environmental Registry. This proposal notice allows the public to submit comments directly to the ministry during a minimum 30 day comment period. In some cases, the Director may determine that a comment period that is greater than the 30 day minimum is appropriate for large or complex renewable projects. At this time, applicants are also required, under sections 15.1 and 15.2 of O. Reg. 359/09, to publish all REA documentation to their website (if one exists) and post notices in local newspapers to inform the public of the comment period.

It should be noted that there are limited exceptions where section 22 of the Environmental Bill of Rights, 1993 does not apply to a project and a minimum 30 day comment period is not required for the proposal. However, in these cases the MOECC's policy will be to post an information notice of the proposal to the Environmental Registry.

More information on the requirements related to this review-phase consultation is provided in section 10.3.1 of Chapter 1.

Part 2: Guidance for Preparing the Consultation Report

1. Purpose of the Consultation Report

The Consultation Report is required as part of a complete submission for all renewable energy projects that require an REA with the exception of Class 2 wind facilities. The purpose of the Consultation Report is to achieve two key objectives:

  1. To document how consultation activities were undertaken to determine if an application is complete with respect to adherence to the regulated minimum consultation requirements of O. Reg. 359/09.
  2. To provide a record of the comments and information received by the applicant through consultation and to document how comments were considered. This includes creating a record of whether and how the project was modified as a result of comments received.

To achieve these two objectives, the Consultation Report will include both written summary information and appended documentation such as copies of notices, written comments received and other communications as described in the sections below.

The Consultation Report is also reviewed by the MNRF to inform decisions on permits and approvals.

Since consultation may continue right up to a point where the applicant believes they are ready to submit an application, finalizing the Consultation Report will be one of the last steps in the pre-application process. A draft of the Consultation Report is not required to be made available in advance of the public meetings since those meetings will result in modifications to the Consultation Report.

As part of their ongoing engagement with Aboriginal communities, applicants should share a paper copy of the final Consultation Report with the communities on the Aboriginal Consultation List prior to, or at the time of, submitting an REA application to the ministry.

For further information on the consultation requirements which inform MNRF decision-making on renewable energy projects, applicants can consult the APRD.

Ensuring Transparency: Reporting On How Comments Were Considered

The Consultation Report is a critical element in ensuring transparency and accountability in the REA process. When a complete application is accepted for review by the MOECC, the applicant will be required to post a digital copy of the application to its website, if one exists, in accordance with section 15.1 of O. Reg. 359/09. This will allow the public and other stakeholders to review how consultation was documented in the Consultation Report.

With this function in mind, applicants should ensure that the discussion of how the applicant considered public and stakeholder comments is clear, complete, and sufficiently detailed to achieve full transparency. In addition to describing this in the Consultation Report, applicants are also recommended to communicate directly with members of the public who raised concerns to inform them of how their concerns were considered prior to submitting the REA application.

2. Report Contents

As provided in Table 1 of O. Reg. 359/09, the Consultation Report must include the following required content:

  • A summary of communication with any members of the public, Aboriginal communities, municipalities, local roads boards and local services boards regarding the project.
  • Evidence that the information required to be distributed to Aboriginal communities under the minimum requirements for Aboriginal consultation was distributed.
  • Any information provided by an Aboriginal community:
    • That in its view should be considered in preparing the project documentation; and
    • In respect of any Aboriginal or treaty rights that may be adversely impacted by the project, along with any measures for mitigating those impacts.
  • Evidence that a municipal consultation form was distributed to all municipalities, local roads boards and local service boards in which the project was located according to the minimum regulated timelines.
  • Any municipal consultation form submitted to the applicant if any part of it has been completed by a municipality, local roads board or local services board.
  • A description of whether and how:
    • Comments from members of the public, Aboriginal communities, municipalities, local roads boards and local services boards were considered by the person who is engaging in the project;
    • The draft REA documents that were made available prior to the final public meeting were amended after the final public meeting was held; and
    • The project proposal was altered in response to comments received from members of the public, Aboriginal communities, municipalities, local roads boards and local services boards.

The following sections describe how the required content can be presented in the Consultation Report.

3. Summary of Consultation Activities and Timing

It is recommended that the Consultation Report include a summary list or table of all the consultation activities (e.g. notices issued, meetings held, documents made available) undertaken that indicates the timing of each activity. This summary, supported by the evidence in other sections of the report, will allow the ministry to review how the application meets all regulated timing of consultation activities. Such a summary will also allow the public and other interested stakeholders to quickly review the consultation program undertaken in respect of the project when the Consultation Report is made available at the time of submitting a complete application.

  • The section of the Consultation Report that discusses Aboriginal consultation should also contain the following information:
    • The rationale behind any proposed mitigation option(s) to address potential impacts on Aboriginal or treaty rights or potential environmental effects;
    • The rationale behind any proposed mitigation option(s) to address potential environmental effects;
    • The degree to which the Aboriginal communities were involved in developing any mitigation options; and
    • The rationale why any proposal from an Aboriginal community for mitigation was or was not accepted by the applicant.

4. Reporting on Aboriginal Consultation

The Consultation Report must document activities undertaken to meet all requirements for Aboriginal consultation under O. Reg. 359/09. As noted in Part 1, the MOECC has developed specific guidance on Aboriginal consultation that will provide further direction on how to report on consultation activities. Applicants are advised to familiarize themselves with the guidance contained in the Aboriginal Consultation Guide for preparing a Renewable Energy Approval (REA) Application regarding their consultation reports on Aboriginal consultation. This document can be found on the MOECC website.

As a brief overview of the minimum requirements for reporting on Aboriginal consultation, applicants should include the following in their consultation report:

  • Evidence of all correspondence sent to Aboriginal communities to notify them of the project, to provide the PDR and summaries of other key reports, and to request information about how the project may impact an Aboriginal or treaty right.
    • Evidence should include copies of the correspondence itself.
    • Evidence should indicate the date that the correspondence was sent so that the Ministry can ensure regulated minimum timelines were met.
  • A summary of comments received by the applicant as a result of the correspondence with each community.
    • This could include appending to the report meeting notes from meetings held with communities, copies of notices, written comments received or any other communications or correspondence.
    • The ministry strongly recommends appending copies of comments received from Aboriginal communities, how these comments were considered and addressed, as well as rationale if comments were not addressed. This information is requested by the Director in practice for most projects and should be included in the report.
  • A summary of discussions of the aspects of the project proposal that were changed in response to comments received from Aboriginal communities, if any.
    • This discussion should also reference any changes to draft project documents that were made as a result of a change to the project proposal.
  • The section of the Consultation Report that discusses Aboriginal consultation should also contain the following information:
    • The rationale behind any proposed mitigation option(s) to address potential impacts on Aboriginal or treaty rights or potential environmental effects;
    • The rationale behind any proposed mitigation option(s) to address potential environmental effects;
    • The degree to which the Aboriginal communities were involved in developing any mitigation options; and
    • The rationale why any proposal from an Aboriginal community for mitigation was or was not accepted by the applicant.

5. Reporting on Public Consultation

The Consultation Report must document activities undertaken to meet all requirements for public consultation under O. Reg. 359/09. Requirements for public consultation are described in Part 1 of this chapter. When reporting on public consultation in the Consultation Report, key information that should be provided includes the following:

Evidence of Public Notice and Public Meetings

  • Evidence that all public notices were published, posted or given to persons in the manner required by subsection 15 (6) of O. Reg. 359/09, including a description of where, when, how and, if appropriate, to who those notices were published, posted or given.
    • Evidence should include copies of the notices themselves.
  • A description of all public meetings held in respect of the project including the date they were held, the location and timing of the meeting.
    • A description of the meeting format (e.g. what and how information about the project was presented, how comments were solicited and questions answered) as well as the number of people who attended should also be included in the Consultation Report.
    • Applicants should consider including any materials presented at public meetings, such as presentations, if appropriate.

Evidence of Documents Made Available to the Public

  • To demonstrate that project documents were made available to the public in accordance with the requirements of O. Reg. 359/09, evidence of document dissemination must be included in the Consultation Report.
    • In most cases, this can be achieved by including a copy of the notice of public meetings issued. These notices should indicate the locations that documents were made available.

Summary of All Comments Received

  • .All comments received by the applicant at the public meetings (verbally and in writing) should be summarized.
    • The summary should capture all issues raised.
    • Written submissions from the public should be included as an appendix.
  • All other comments received outside of consultation meetings should also be included or summarized. This could include written comments sent to the applicant by members of the public or through other interactions outside of the formal public meetings.

Protecting Privacy and Personal Information

Applicants should consider their obligations under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) to protect personal information that may be obtained through consultation activities. For instance, an applicant may choose to modify the Consultation Report so that it does not include personal information (e.g. names, addresses or contact details on comments received) to allow for publication of digital reports to the applicant’s website in accordance with section 15.1 of O. Reg. 359/09. Applicants should review the requirements of PIPEDA and seek legal advice, if required.

Applicants should also note that copies of a complete REA application and any correspondence submitted to the MOECC form part of a file that will be maintained by the ministry. This file is subject to the Freedom of Information and Protection of Privacy Act (FIPPA) and information about an application may be accessible to the public in accordance with FIPPA.

Description of How Comments were Considered

  • After summarizing all comments, the applicant must describe how all comments (or principal issues covered by multiple comments) were considered.
  • If a comment or issue was not addressed through a change to the project proposal (including facility construction, operation, monitoring, or decommissioning activities), rationale should be provided as to why a change was not warranted.
  • If a comment or issue was addressed through a change to the project proposal (including facility construction, operation, monitoring, or decommissioning activities), the change must be noted.
    • Where report documents were modified as a result of changes to the project proposal, the changes should be noted and referenced in the Consultation Report.
    • Rationale should also be included to describe how the change to the project proposal will address the issue raised by in the comment(s) received.

5.1 Reporting on Consultation with Other Stakeholders

The Consultation Report should also provide a record of comments and correspondence received in relation to consultation with other stakeholder organizations such as:

  • Other ministries of the provincial government (MNRF, MTCS, MTO, OMAFRA, others as applicable)
  • Other provincial agencies such as the Niagara Escarpment Commission and local conservation authorities
  • The Federal government and/or its agencies (Environment Canada, others as applicable)
  • Other agencies, boards or organizations with a permitting or certification role at the provincial or national level, as applicable (for instance, those with contact information listed in Appendix 2)
  • Other organizations interested in the project such as advocacy or community groups

In addition to the record of comments, applicants are strongly recommended to include a copy of any letters/correspondence received from the stakeholders mentioned above. These stakeholders may provide information that may impact conditions on a project. As a best practice, incorporating the feedback received early in the project planning may mitigate the need for changes later on.

By documenting consultation with other stakeholders, the applicant can refer to such consultation in respect of how negative environmental effects that will or are likely to occur described in the PDR were evaluated. For instance, the applicant may identify that there are negative environmental effects that will or are likely to occur related to the proximity of the project to lands adjacent to a river which are affected by flooding hazards (e.g. for an anaerobic digestion facility, potential for biomass storage areas to contaminate floodwaters in an emergency event). In this case, the applicant should engage in consultation with the local conservation authority or MNRF early in the process to determine if project siting is appropriate to minimize risks related to flooding. A record of this consultation, for instance including correspondence from MNRF or the conservation authority describing the risks associated with the project location, could be referred to when the applicant makes conclusions regarding the significance of these potential effects.

6. Reporting on Municipal Consultation

The Consultation Report must document activities undertaken to meet all requirements for municipal consultation under O. Reg. 359/09. Requirements for municipal consultation, including the use of the municipal consultation form are described in section 5 in part 1 of this chapter. When reporting on municipal consultation in the Consultation Report, key information that should be provided includes the following:

Municipal Consultation Forms

A municipal consultation form must be provided to each municipality, local service board and local roads board in which the project is located according to the regulated timelines in O. Reg. 359/09 (i.e. at least 30 days in advance of either the first public meeting or, if public meetings are not required, at least 30 days in advance of an application being made to the Director). The regulated timelines allow municipalities to have time to complete their part of the municipal consultation form to bring forward issues related to municipal servicing and infrastructure that the applicant must consider.

To demonstrate to the MOECC that the municipal consultation form was distributed to municipalities and local authorities in accordance with O. Reg. 359/09, the applicant should include evidence of form distribution, including the date of distribution. This can be achieved by including copies of correspondence sent to/received from the municipality in respect of the form.

Applicants who receive a municipal consultation form back from a municipality or local authority must include the form, as received, in the Consultation Report. This includes any correspondence or other reports attached to the form to elaborate on information provided in the form.

Other Municipal Consultation Activities

While the municipal consultation form is the principal formal request for comments from municipalities and local authorities, applicants may conduct additional municipal consultation activities. More detailed discussion of the resolution of municipal issues may occur in correspondence outside of the municipal consultation form or through meetings with municipal staff or members of municipal council. If the inclusion or description of additional correspondence or meetings may assist the ministry in understanding how municipal concerns were addressed during project planning, these should be included in the Consultation Report.

Description of How Comments were Considered

The applicant must describe how all comments received through the municipal consultation form or through additional municipal consultation activities were considered.

  • If a comment or issue was not addressed through a change to the project proposal (including facility construction, operation, monitoring, or decommissioning activities), rationale should be provided as to why a change was not warranted.
    • Rationale can include correspondence or records of discussions with a municipality or local authority that support the applicant’s decision to not change the proposal.
  • If a comment or issue was addressed through a change to the project proposal (including facility construction, operation, monitoring, or decommissioning activities), the change must be noted.
    • Where report documents were modified as a result of changes to the project proposal, the changes should be noted and referenced in the Consultation Report.
    • Rationale should also be included to describe how the change to the project proposal will address the issue raised by in the comment(s) received.
    • Rationale can include correspondence of records of discussions with a municipality or local authority that supports the applicant’s chosen approach to address the issue.