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O. Reg. 122/19: RENEWABLE ENERGY APPROVALS UNDER PART V.0.1 OF THE ACT

filed May 31, 2019 under Environmental Protection Act, R.S.O. 1990, c. E.19

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ontario regulation 122/19

made under the

environmental protection act

Made: May 30, 2019
Filed: May 31, 2019
Published on e-Laws: May 31, 2019
Printed in The Ontario Gazette: June 15, 2019

Amending O. Reg. 359/09

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

1. Subsection 1 (1) of Ontario Regulation 359/09 is amended by adding the following definitions:

“IESO-administered markets” has the same meaning as in the Electricity Act, 1998;

“parcel of land” means a lot or block within a registered plan of subdivision or any land that may be legally conveyed under section 50 of the Planning Act;

2. (1) Clause 12 (1) (b) of the Regulation is revoked and the following substituted:

(b) obtain or prepare, as the case may be, any documents that,

(i) are required under this Part to be submitted as part of the application,

(ii) are to be submitted as part of the application for the purposes of obtaining an exemption from a provision of Part V, or

(iii) are required under Part VI.1 to be submitted to the Director; and

(2) Subsection 12 (1.1) of the Regulation is amended by adding “Subject to subsection (1.3)” at the beginning.

(3) Subsection 12 (1.2) of the Regulation is amended by adding “Subject to subsection (1.3)” at the beginning.

(4) Section 12 of the Regulation is amended by adding the following subsection:

(1.3) Subsections (1.1) and (1.2) do not apply in respect of the requirement set out in subclause (1) (b) (iii).

3. Section 15.1 of the Regulation is amended by adding “and subsection 57.4 (1)” after “subclauses 12 (1) (b) (i) and (ii)”.

4. (1) Subsection 32.2 (2) of the Regulation is amended by adding the following paragraph:

4. If the application relates to a change that would increase the name plate capacity of the renewable energy generation facility and the change would not take place on the same parcel or parcels of land on which the facility is approved to be constructed, installed, operated or used, one or more of the following documents:

i. A copy of one or more agreements, entered into for a period of at least 10 years between the person who proposes to engage in the renewable energy project and one or more persons, in respect of the supply of the additional electricity to be generated at the facility, identifying the amount of electricity that is to be supplied under the agreement.

ii. Documentation that establishes that the person who proposes to engage in the renewable energy project proposes to generate the additional electricity at the facility for their own use.

iii. Documentation that establishes that the person who proposes to engage in the renewable energy project has, in respect of the additional electricity to be generated at the facility,

A. entered into a net metering agreement with a distributor, in conformity with Ontario Regulation 541/05 (Net Metering) made under the Ontario Energy Board Act, 1998, or

B. applied to connect the facility for the purposes of entering into a net metering agreement with a distributor or notified the distributor that it wishes to be billed on a net metering basis, in conformity with the regulation mentioned in sub-subparagraph A.

iv. A declaration prepared by the person who proposes to engage in the renewable energy project, indicating that the person intends to participate in the IESO-administered markets as a market participant.

v. A declaration prepared by the person who proposes to engage in the renewable energy project, indicating that the person intends to participate in a procurement process established by the Independent Electricity System Operator.

(2) Subsection 32.2 (2) of the Regulation is amended by adding the following paragraph:

5. If the application relates to a change that would not take place on the same parcel or parcels of land on which the facility is approved to be constructed, installed, operated or used, written confirmation from the following bodies that any proposed change that would take place on the parcel or parcels of land on which the facility has not been approved to be constructed, installed, operated or used would not result in a use of the land that is prohibited by a zoning by-law or zoning order under Part V of the Planning Act:

i. Any local municipality in which the project location is situated.

ii. Any planning board that has jurisdiction in an area without municipal organization in which the project location is situated. 

iii. The Ministry of Municipal Affairs and Housing, if the project location is situated in an area without municipal organization and no planning board has jurisdiction in respect of that location.

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

Part VI.1
Renewable Energy Approvals — Circumstances in Which issuing prohibited

Application of Part

57.1 This Part applies to a person, other than a person to whom Part IV.1 applies, who proposes to engage in a renewable energy project in respect of which the issue of a renewable energy approval is required.

Demonstration of electricity demand

57.2 (1) No renewable energy approval shall be issued in respect of a renewable energy project unless the person who proposes to engage in the renewable energy project submits documentation mentioned in subsection (2) to the Director, demonstrating that there is demand for the electricity that is proposed to be generated at the renewable energy generation facility.

(2) For the purposes of subsection (1), the demand for the electricity must be demonstrated by submitting one or more of the following types of documentation:

1. A copy of one or more agreements, entered into for a period of at least 10 years between the person who proposes to engage in the renewable energy project and one or more persons, in respect of the supply of the electricity to be generated at the facility, identifying the amount of electricity that is to be supplied under the agreement.

2. Documentation that establishes that the person who proposes to engage in the renewable energy project proposes to generate the electricity at the facility for their own use.

3. Documentation that establishes that the person who proposes to engage in the renewable energy project has, in respect of the electricity to be generated at the facility,

i. entered into a net metering agreement with a distributor, in conformity with Ontario Regulation 541/05 (Net Metering) made under the Ontario Energy Board Act, 1998, or

ii. applied to connect the facility for the purposes of entering into a net metering agreement with a distributor or notified the distributor that it wishes to be billed on a net metering basis, in conformity with the regulation mentioned in subparagraph i.

4. A declaration prepared by the person who proposes to engage in the renewable energy project, indicating that the person intends to participate in the IESO-administered markets as a market participant.

5. A declaration prepared by the person who proposes to engage in the renewable energy project, indicating that the person intends to participate in a procurement process established by the Independent Electricity System Operator.

(3) The documentation shall be submitted to the Director as part of the application for the issue of a renewable energy approval or, if the application was submitted before this section came into force, when the documentation has been obtained or prepared.

(4) For greater certainty, this section applies in respect of a decision under subsection 47.5 (1) of the Act to issue a renewable energy approval even if the application for the issue of the renewable energy approval was submitted before this section came into force.

Class 4 wind facility, LRP process

57.3 (1) No renewable energy approval shall be issued in respect of a renewable energy project if,

(a) the project is in respect of a class 4 wind facility; and

(b) the project is or was the subject of a power purchase agreement entered into with the Independent Electricity System Operator as part of the Large Renewable Procurement process and, pursuant to that agreement, the Independent Electricity System Operator has terminated the agreement and issued a stop work notice in respect of the project.

(2) For greater certainty, subsection (1) applies in respect of a decision under subsection 47.5 (1) of the Act to issue a renewable energy approval even if the application for the issue of the renewable energy approval was submitted before this section came into force.

6. The Regulation is amended by adding the following section immediately before the heading to Part VII:

No conformity with zoning by-laws, orders

57.4 (1) No renewable energy approval shall be issued in respect of a renewable energy project unless the person who proposes to engage in the renewable energy project submits to the Director written confirmation from the following bodies that the proposed use of land at the project location is not prohibited by a zoning by-law or zoning order under Part V of the Planning Act:

1. Any local municipality in which the project location is situated.

2. Any planning board that has jurisdiction in an area without municipal organization in which the project location is situated.

3. The Ministry of Municipal Affairs and Housing, if the project location is situated in an area without municipal organization and no planning board has jurisdiction in respect of that location.

(2) The written confirmation described in subsection (1) shall be submitted to the Director as part of the application for the issue of a renewable energy approval or, if the application was submitted before this section comes into force, when the documentation has been obtained.

(3) For greater certainty, this section applies in respect of a decision under subsection 47.5 (1) of the Act to issue a renewable energy approval even if the application for the issue of the renewable energy approval was submitted before this section came into force.

7. Item 10 of Table 1 of the Regulation is amended by adding the following paragraph in Column 2:

5.1 How the requirement set out in section 57.2 is satisfied, including the following:

i. A description of how the electricity that is proposed to be generated is intended to be used, sold or supplied to other persons.

ii. The duration of any agreements in respect of the use, sale or supply of the electricity.

iii. Whether the name plate capacity of the facility exceeds the quantity of electricity that is intended to be used, sold or supplied to other persons and, if so, by how much.

Commencement

8. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsection 4 (2) and section 6 come into force on the later of the day subsection 8 (9) of the Green Energy Repeal Act, 2018 comes into force and the day this Regulation is filed.