O. Reg. 127/26: RENEWABLE ENERGY APPROVALS UNDER PART V.0.1 OF THE ACT"

O. Reg. 127/26: RENEWABLE ENERGY APPROVALS UNDER PART V.0.1 OF THE ACT, ENVIRONMENTAL PROTECTION ACT

ontario regulation 127/26

made under the

Environmental Protection Act

Made: April 30, 2026
Filed: May 1, 2026
Published on e-Laws: May 4, 2026
Published in The Ontario Gazette: May 16, 2026

Amending O. Reg. 359/09

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

1. (1) The definition of “Financial Assurance Guideline” in subsection 1 (1) of Ontario Regulation 359/09 is amended by striking out “Ministry of the Environment and Climate Change” and substituting “Ministry of the Environment, Conservation and Parks”.

(2) The definition of “lake trout lake” in subsection 1 (1) of the Regulation is amended by striking out “Ministry of Natural Resources and Forestry” and substituting “Ministry of Natural Resources”.

(3) The definition of “Natural Heritage Assessment Guide” in subsection 1 (1) of the Regulation is amended by striking out “published by the Ministry of Natural Resources and Forestry and available on the website of that Ministry” and substituting “published by the Ministry of Natural Resources and available on a Government of Ontario website”.

(4) The definition of “northern wetland” in subsection 1 (1) of the Regulation is amended by striking out “as shown in Figure 1 in the Provincial Policy Statement issued under section 3 of the Planning Act and approved by the Lieutenant Governor in Council by Order in Council No. 140/2005” at the end and substituting “as shown in the Provincial Planning Statement”.

(5) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“Provincial Planning Statement” means the Provincial Planning Statement issued under section 3 of the Planning Act, as approved by the Lieutenant Governor in Council and amended from time to time;

“qualified person” means a person who satisfies the relevant qualifications in the Natural Heritage Assessment Guide;

(6) The definition of “southern wetland” in subsection 1 (1) of the Regulation is amended by striking out “as shown in Figure 1 in the Provincial Policy Statement issued under section 3 of the Planning Act and approved by the Lieutenant Governor in Council by Order in Council No. 140/2005” at the end and substituting “as shown in the Provincial Planning Statement”.

(7) The definition of “woodland” in subsection 1 (1) of the Regulation is amended by striking out “as shown in Figure 1 in the Provincial Policy Statement issued under section 3 of the Planning Act and approved by the Lieutenant Governor in Council by Order in Council No. 107/2014” and substituting “as shown in the Provincial Planning Statement”.

(8) Subsection 1 (9) of the Regulation is amended by striking out “Ministry of Natural Resources and Forestry” and substituting “Ministry of Natural Resources”.

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

13. Subject to subsections (3), (4) and (5), the project is in respect of a biogas facility that,

i. is located on the site of a business or operation whose primary purpose is not the generation of electricity, and

ii. is designed to have a name plate capacity of less than or equal to 10 megawatts.

(2) Section 9 of the Regulation is amended by adding the following subsections:

(3) Paragraph 13 of subsection (1) does not apply with respect to a renewable energy project that, on the day Ontario Regulation 127/26 came into force, was operating under the authority of a renewable energy approval unless the person engaging in the project has provided written notice to the Director that they elect to have that paragraph apply.

(4) If a notice referred to in subsection (3) is submitted to the Director in respect of a renewable energy project, paragraph 13 of subsection (1) applies with respect to the project on the later of,

(a) the day all approvals, permits or other instruments required under the Act or the Ontario Water Resources Act in respect of the project are issued; and

(b) the date of the notice referred to in subsection (3).

(5) Paragraph 13 of subsection (1) does not apply with respect to a renewable energy project if,

(a) on or before the day Ontario Regulation 127/26 came into force, the person proposing to engage in the renewable energy project submitted an application for the issue of a renewable energy approval in respect of the project;

(b) a renewable energy approval in respect of the renewable energy project was not issued on or before the day Ontario Regulation 127/26 came into force; and

3. Subparagraph 2 iv of subsection 9.1 (1) of the Regulation is revoked and the following substituted:

iv. The proposed change would take place at a location in respect of which a natural heritage assessment described in subsection 24 (1) was conducted and the person submitted,

A. any confirmation the person obtained from the Ministry of Natural Resources under subsection 28 (2), as it read before the day Ontario Regulation 127/26 came into force, that relates to the location, and

B. any attestation the person submitted under subsection 28 (1) after the day Ontario Regulation 127/26 came into force that relates to the location.

4. Subsection 12 (1.2) of the Regulation is amended by striking out “aboriginal communities” at the end and substituting “Indigenous communities”.

5. Clause 14 (1) (b) of the Regulation is amended by striking out “aboriginal communities” in the portion before subclause (i) and substituting “Indigenous communities”.

6. Subsection 15 (6) of the Regulation is amended by striking out “aboriginal community” wherever it appears and substituting in each case “Indigenous community”.

7. (1) Section 16 of the Regulation is amended by striking out “aboriginal community” wherever it appears and substituting in each case “Indigenous community”.

(2) Paragraph 1 of subsection 16 (6) of the Regulation is amended by striking out “clauses 22 (a), 23 (3) (a) and 28 (3) (b) and (c)” at the end and substituting “clauses 22 (a) and 23 (3) (a)”.

(3) Paragraph 2 of subsection 16 (6) of the Regulation is amended by striking out “other than the documents described in clauses 37 (2) (b) and (c), 38 (2) (b) and (c), 41 (5) (b) and (c) and 43 (3) (b) and (c)” at the end.

8. (1) Section 17 of the Regulation is amended by striking out “aboriginal community” wherever it appears and substituting in each case “Indigenous community”.

(2) Subparagraph 3 i of subsection 17 (1) of the Regulation is amended by striking out “clauses 22 (a), 23 (3) (a) and 28 (3) (b) and (c)” at the end and substituting “clauses 22 (a) and 23 (3) (a)”.

(3) Subparagraph 3 ii of subsection 17 (1) of the Regulation is amended by striking out “other than the documents described in clauses 37 (2) (b) and (c), 38 (2) (b) and (c), 41 (5) (b) and (c) and 43 (3) (b) and (c)” at the end.

9. The Table to section 19 of the Regulation is amended by striking out “Minister of Tourism, Culture and Sport” wherever it appears and substituting in each case “Minister of Citizenship and Multiculturalism”.

10. Section 20 of the Regulation is amended by striking out “Ministry of Tourism, Culture and Sport” wherever it appears and substituting in each case “Ministry of Citizenship and Multiculturalism”.

11. Section 21 of the Regulation is amended by striking out “Ministry of Tourism, Culture and Sport” wherever it appears and substituting in each case “Ministry of Citizenship and Multiculturalism”.

12. (1) Clause 22 (a) of the Regulation is amended by striking out “Ministry of Tourism, Culture and Sport” and substituting “Ministry of Citizenship and Multiculturalism”.

(2) Clause 22 (c) of the Regulation is amended by striking out “Minister of Tourism, Culture and Sport” and substituting “Minister of Citizenship and Multiculturalism”.

13. (1) Section 23 of the Regulation is amended by striking out “Ministry of Tourism, Culture and Sport” wherever it appears and substituting in each case “Ministry of Citizenship and Multiculturalism”.

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

14. Section 23.1 of the Regulation is revoked and the following substituted:

Environmental effects monitoring plan

23.1 A person who proposes to engage in a renewable energy project in respect of a Class 3, 4 or 5 wind facility shall prepare an environmental effects monitoring plan in respect of birds and bats in accordance with the Natural Heritage Assessment Guide if the project location is in or within 120 metres of a wildlife habitat for birds or bats that is,

(a) considered significant when evaluated in accordance with subsection 27 (2); or

(b) treated as significant in accordance with subsection 27 (7).

Assessments etc. by qualified person

23.2 A person who proposes to engage in a renewable energy project shall ensure that,

(a) all assessments, reviews, evaluations and investigations required under sections 24, 25, 26 and 27 are undertaken by a qualified person and are done in accordance with any applicable requirements set out in the Natural Heritage Assessment Guide;

(b) all plans and reports required under 23.1 and subsections 25 (3), 26 (3), 27 (4), 37 (2), 38 (2), 41 (5) and 43 (3) are prepared by a qualified person in accordance with any requirements in the Natural Heritage Assessment Guide and include the name and a description of the qualifications of the qualified person; and

(c) all plans and determinations, investigations, reviews or evaluations in respect of which the person must submit an attestation under sections 28, 37, 38 and 41 are undertaken by a qualified person and are done in accordance with any applicable requirements set out in the Natural Heritage Assessment Guide.

15. (1) Subsection 25 (3) of the Regulation is amended by striking out “the records searched and the results of the analysis conducted under subsection (1)” at the end and substituting “the records searched, the results of the analysis conducted under subsection (1) and containing information about the records set out in the Natural Heritage Assessment Guide”.

(2) The Table to section 25 of the Regulation is amended by,

(a) striking out “Records that relate to provincial parks and conservation reserves and that are maintained by the Ministry of Natural Resources and Forestry” in Column 2 of item 1 and substituting “Records that relate to provincial parks or conservation reserves and that are maintained by the Government of Ontario”; and

(b) striking out “the Ministry of Natural Resources and Forestry” in Column 2 of item 2 and substituting “a ministry of the Government of Ontario”.

16. (1) Paragraph 3 of subsection 26 (3) of the Regulation is amended by striking out “A map” at the beginning and substituting “One or more maps”.

(2) Paragraph 3 of subsection 26 (3) of the Regulation is amended by striking out “and” at the end of subparagraph ii, by adding “and” at the end of subparagraph iii and by adding the following subparagraph:

iv. any additional mapping information set out in the Natural Heritage Assessment Guide.

17. (1) Clause 27 (1) (c) of the Regulation is amended by striking out “aboriginal communities” and substituting “Indigenous communities”.

(2) Subsections 27 (2) and (3) of the Regulation are revoked and the following substituted:

(2) For the purposes of the evaluation under subsection (1), a person shall determine that a natural feature is significant if it is a woodland or a wildlife habitat that is considered to be significant when evaluated using evaluation criteria or procedures for significant natural features, as set out in the Natural Heritage Assessment Guide.

(3) For the purposes of the evaluation under subsection (1), a person shall determine that a natural feature is provincially significant if it is a southern wetland, a northern wetland, a coastal wetland, an area of natural and scientific interest (earth science) or an area of natural and scientific interest (life science) that is considered to be provincially significant when evaluated using evaluation criteria or procedures for provincially significant natural features, as set out in the Natural Heritage Assessment Guide.

(3) Clause 27 (6) (b) of the Regulation is revoked and the following substituted:

(b) an area that has been identified, using evaluation procedures set out in the Natural Heritage Assessment Guide, as an area of natural and scientific interest (life science) but that has not been identified as provincially significant.

(4) Section 27 of the Regulation is amended by adding the following subsections:

(7) A person who proposes to engage in a renewable energy project is not required to conduct an evaluation of the significance or provincial significance of a natural feature under this section if the person treats the natural feature as significant or provincially significant in accordance with the Natural Heritage Assessment Guide.

(8) Subsection (7) does not apply if the project location is within a southern wetland or a coastal wetland.

(9) A natural feature treated as significant or provincially significant in accordance with subsection (7) is deemed to be significant or provincially significant for the purposes of section 34.

18. Section 28 of the Regulation revoked and the following substituted:

Attestations

28. (1) A person who proposes to engage in a renewable energy project shall submit the following as part of the application for the issue of a renewable energy approval:

1. The plan the person is required to prepare under section 23.1.

2. The reports the person is required to prepare under subsections 25 (3), 26 (3) and 27 (4).

3. The attestations described in subsection (2) in the form set out in the Natural Heritage Assessment Guide.

4. Written confirmation, in the form set out in the Natural Heritage Assessment Guide, from every qualified person mentioned in an attestation made under subsection (2) that they performed the action described in the attestation in accordance with the Natural Heritage Assessment Guide and this Regulation.

(2) The attestations referred to in paragraph 3 of subsection (1) are the following:

1. An attestation in writing that the determination of the existence of natural features and the boundaries of natural features was made by a qualified person using the applicable evaluation criteria or procedures set out in the Natural Heritage Assessment Guide.

2. If no natural features were identified, an attestation in writing that the site investigation and records review were conducted by a qualified person using the applicable evaluation criteria or procedures set out in the Natural Heritage Assessment Guide.

3. An attestation in writing that the evaluation of the significance or provincial significance of the natural features was conducted by a qualified person using the applicable evaluation criteria or procedures set out in the Natural Heritage Assessment Guide.

4. An attestation in writing that a qualified person determined whether the project location is in a provincial park or conservation reserve using procedures set out in the Natural Heritage Assessment Guide.

5. If the qualified person referred to in paragraph 4 has determined that the project location is in a provincial park or conservation reserve, an attestation in writing that the qualified person determined that engaging in the project is not prohibited by or under the Provincial Parks and Conservation Reserves Act, 2006.

19. Item 1 of the Table to section 30 of the Regulation is amended by striking out “Ministry of Natural Resources and Forestry” in Column 1 and substituting “Ministry of Natural Resources”.

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

Transition

32.0.1 A person who submits the reports required under subsections 25 (3) and 26 (3) to the Ministry of Natural Resources before the day that is six months after the day Ontario Regulation 127/26 came into force may complete their application in accordance with this Regulation and the Natural Heritage Assessment Guide as they read before the day Ontario Regulation 127/26 came into force.

21. Section 34 of the Regulation is revoked and the following substituted:

Significant and provincially significant natural features

34. In this Part, a reference to a significant natural feature or a provincially significant natural feature is a reference to a natural feature that has been determined to be significant or provincially significant, as the case may be, using applicable evaluation criteria or procedures set out in the Natural Heritage Assessment Guide.

22. Section 35 of the Regulation is amended by striking out “Ministry of the Environment and Climate Change” wherever it appears and substituting in each case “Ministry of the Environment, Conservation and Parks”.

23. Clauses 37 (2) (b) and (c) of the Regulation are revoked and the following substituted:

(b) a written attestation, in the form set out in the Natural Heritage Assessment Guide, that the report mentioned in clause (a) has been prepared by a qualified person in accordance with any requirements for the report set out in the Natural Heritage Assessment Guide; and

(c) written confirmation, in the form set out in the Natural Heritage Assessment Guide, from the qualified person referred to in clause (b) that the report was prepared in accordance with any requirements for the report set out in the Natural Heritage Assessment Guide and this Regulation.

24. Clauses 38 (2) (b) and (c) of the Regulation are revoked and the following substituted:

25. Clauses 41 (5) (b) and (c) of the Regulation are revoked and the following substituted:

26. Clauses 43 (3) (b) and (c) of the Regulation are revoked and the following substituted:

27. Section 54 of the Regulation is amended by striking out “Ministry of the Environment and Climate Change” wherever it appears and substituting in each case “Ministry of the Environment, Conservation and Parks”.

28. Section 54.1 of the Regulation is amended by striking out “aboriginal community” wherever it appears and substituting in each case “Indigenous community”.

29. Section 55 of the Regulation is amended by striking out “Ministry of the Environment and Climate Change” wherever it appears and substituting in each case “Ministry of the Environment, Conservation and Parks”.

30. Subsection 55.1 (1) of the Regulation is amended by striking out “Ministry of the Environment and Climate Change” and substituting “Ministry of the Environment, Conservation and Parks”.

31. (1) Table 1 to the Regulation is amended by,

(a) striking out “aboriginal community” in Column 2 of item 2 and substituting “Indigenous community”; and

(b) striking out “aboriginal communities” wherever it appears and substituting in each case “Indigenous communities”.

(2) Item 8 of Table 1 to the Regulation is amended by striking out “Ministry of the Environment and Climate Change” in Column 2 and substituting “Ministry of the Environment, Conservation and Parks”.

Commencement

32. This Regulation comes into force the day it is filed.