Wind facilities
 23.20 (1) This section applies to a person who is engaged in the operation of a wind facility within the meaning of Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) made under the Environmental Protection Act. O. Reg. 176/13, s. 14. (2) Clause 9 (1) (a) and subsection 10 (1) of the Act do not apply to a person who is engaged in the operation of a wind facility and who, in the course of the operation of the wind facility, kills, harms or harasses a member of a species that is listed on the Species at Risk in Ontario List as an endangered or threatened species, or damages or destroys the habitat of such a species, if the person satisfies the conditions set out in subsection (4). O. Reg. 176/13, s. 14. (3) Subclauses 9 (1) (b) (i) and (ii) of the Act do not apply to the possession or transport of a member of a species if, (a) pursuant to subsection (2), clause 9 (1) (a) and subsection 10 (1) of the Act did not apply with respect to the member of the species or its habitat; or (b) the possession or transport of the member of the species is necessary in order to satisfy the conditions set out in subsection (4). O. Reg. 176/13, s. 14. (4) The following are the conditions that a person who operates a wind facility must satisfy for the purposes of subsection (2): 1. Before doing anything, in the course of operating the wind facility, that is prohibited under clause 9 (1) (a) or subsection 10 (1) of the Act, the person must, i. give the Minister notice of the fact that the person is operating a wind facility by submitting a notice of activity form, available on the Registry, to the Minister through the Registry, ii. subject to subsections (5) and (6), prepare in accordance with subsection (9) a mitigation plan that meets the requirements of subsection (10), and iii. in the case of a person described in subsection (6), ensure that the conditions set out in subsection (7) are satisfied. 2. The person must ensure that the notice of activity form includes, i. the location of the wind facility, and ii. the name of every species listed on the Species at Risk in Ontario List as an endangered or threatened species that will likely be affected as a result of the operation of the wind facility. 3. The person must follow the requirements of section 23.3 with respect to the completion of the notice of activity form, the keeping of records relating to the notice of activity form and the updating of the information on the Registry. 4. While the person is operating the wind facility, the person must, i. comply with the requirements of the mitigation plan, ii. ensure that reasonable steps are taken to minimize the adverse effects of the activity on the species identified in the notice of activity form, including the steps described in subsection (11), and such other steps as may be described in the mitigation plan. 5. The person must, i. retain a copy of the mitigation plan while operating the wind facility and for a period of five years after the person ceases to operate the wind facility, ii. ensure that the plan is updated in accordance with subsections (9) and (10) at least once every five years to include information obtained while carrying out the monitoring requirements described in paragraph 6, and iii. provide a copy of the mitigation plan to the Ministry within 14 days of receiving a request for it. 6. Subject to subsection (12), the person must monitor, i. the effects of the operation of the wind facility on each species identified in the notice of activity form and its habitat, and ii. the effectiveness of the steps taken to minimize adverse effects on each species identified in the notice of activity form and its habitat, 7. At the times required under subsections (13) and (14), the person must prepare in accordance with subsection (15) a report on the effects that the operation of the wind facility has on each species identified in the notice of activity form. 8. The person must, i. retain a copy of a report required under paragraph 7 for at least five years after it is prepared, and ii. provide a copy of the report required under paragraph 7 to the Ministry within 14 days of receiving a request for it. 9. If the person or an employee or agent of the person observes a species identified in the notice of activity form in the course of carrying out the activity, the person must ensure that, within three months of the observation, the Ontario Species at Risk Observation Reporting Form available on a website maintained by the Government of Ontario is completed, detailing the species and number of individual members that were observed, the date and location of observation and any other information requested on the form. O. Reg. 176/13, s. 14; O. Reg. 218/18, s. 16; O. Reg. 831/21, s. 17. (5) A person who operates a wind facility is not required to complete the preparation of a mitigation plan until the following dates if the following circumstances apply: 1. If the mitigation plan relates to a species that was added to the Species at Risk in Ontario List as an endangered or threatened species for the first time on or after January 24, 2013, but no later than the date specified in section 0.1, the third anniversary of the day the species was so added. 2. If the mitigation plan relates to a species that first appears in the area of the wind facility after the wind facility begins operation, three years after the date the species first appears in the area of the wind facility. O. Reg. 176/13, s. 14; O. Reg. 179/14, s. 10. (6) A person who proposes to operate a wind facility and who has not been issued a renewable energy approval in respect of the wind facility under Part V.0.1 of the Environmental Protection Act on or before July 1, 2013 must prepare a mitigation plan in respect of the wind facility before either of the following days: 1. If the person has not submitted an application for a renewable energy approval under Part V.0.1 of the Environmental Protection Act on or before July 1, 2013, the day the person submits the application. 2. If the person has submitted an application for a renewable energy approval under Part V.0.1 of the Environmental Protection Act on or before July 1, 2013, the day the renewable energy approval is issued. O. Reg. 176/13, s. 14. (7) A person who prepares a mitigation plan under subsection (6) shall ensure that the following conditions are satisfied: 1. The person must submit the mitigation plan to the Minister promptly after it is prepared. 2. The Minister must approve the mitigation plan, subject to subsection (8). 3. The person must receive written notice of the approval of the Minister. O. Reg. 176/13, s. 14. (8) The Minister may refuse to approve a mitigation plan submitted under subsection (7) if, in his or her opinion, (a) the mitigation plan has not been prepared by one or more persons with expertise in relation to every species that is the subject of the plan, using the best available information; or (b) the steps set out in the mitigation plan do not include reasonable measures to, (i) avoid the killing, harming or harassing of members of the species, (ii) create or enhance habitat for the species elsewhere in the ecoregion in which the wind facility is located, (iii) operate the wind facility in a manner that is unlikely to damage or destroy the habitat of the species, or (iv) otherwise effectively minimize the adverse effects of the activity on the species. O. Reg. 176/13, s. 14. (9) A mitigation plan must be prepared and updated by one or more persons with expertise in relation to every species that is the subject of the plan, using the best available information on steps that may help minimize or avoid adverse effects on the species, which includes consideration of information obtained from the Ministry, aboriginal traditional knowledge and community knowledge if it is reasonably available. O. Reg. 176/13, s. 14. (10) A mitigation plan must include the following information: 1. The name and contact information of the person who operates the wind facility. 2. A description of the location of the wind facility. 3. A list of the species that are listed on the Species at Risk in Ontario List as endangered or threatened species and are likely to be adversely affected by the operation of the wind facility. 4. Details of the steps the person plans to take to minimize the adverse effects of the operation of the wind facility on each species identified under paragraph 3 and its habitat, including the steps described in subsection (11). O. Reg. 176/13, s. 14. (11) The steps that a person must take to minimize the adverse effects of the operation of a wind facility on a species identified in the notice of activity form submitted under subparagraph 1 i of subsection (4) and its habitat are as follows: 1. Implementing reasonable measures in the wind facility to avoid the killing, harming or harassing of members of the species such as, i. adjusting the blades of wind turbines, ii. adjusting cut-in speed of wind turbines, and iii. periodically shutting the turbines down during times of day or of the year when the risk of killing, harming or harassing the species is highest. 2. Creating or enhancing habitat for the species elsewhere in the ecoregion in which the wind facility is located, if reasonable. 3. Operating the wind facility in a manner that is unlikely to damage or destroy the habitat of the species, including adopting any techniques to minimize adverse effects of the operation of the wind facility on the species that may be available from the Ministry from time to time. 4. If the person discovers that the steps described in paragraphs 1 to 3 or in the mitigation plan have not been effective in minimizing the adverse effects of an activity described in subsection (1) on the species, the person shall, i. take such actions as are necessary to increase the effectiveness of those steps, or ii. take such other reasonable steps as may be necessary to minimize the adverse effects of an activity described in subsection (1) on the species. O. Reg. 176/13, s. 14; O. Reg. 323/13, s. 6. (12) The monitoring activities described in paragraph 6 of subsection (4) must be carried out by a person with expertise in the species identified in the notice of activity form submitted under subparagraph 1 i of subsection (4), using the best available information on how to carry out the monitoring activities, including information that may be available from the Ministry from time to time. O. Reg. 176/13, s. 14. (13) A report required of a person under paragraph 7 of subsection (4) shall be completed, (a) annually for the first three years after the person submits a notice of activity form under paragraph 1 of subsection (4) and, thereafter, every five years; or (b) in the case of a person who completes the preparation of a mitigation plan within the extended timelines provided for under subsection (5), annually for the first six years after the person submits a notice of activity form under subparagraph 1 i of subsection (4) and, thereafter, every five years. O. Reg. 176/13, s. 14. (14) A report required under paragraph 7 of subsection (4) shall be in a form acceptable to the Ministry and shall be completed by March 31 that follows the end of the period in respect of which the report is prepared. O. Reg. 176/13, s. 14. (15) A report required under paragraph 7 of subsection (4) shall, (a) compile information relating to the effects of the operation of the wind facility on each species identified in the notice of activity form submitted under subparagraph 1 i of subsection (4) and its habitat; (b) analyze the results of the information compiled under clause (a); (c) describe any encounters with the species that occurred while carrying out the activity; and (d) document the steps taken by the person to minimize adverse effects of the wind facility on each species identified in the notice of activity form submitted under subparagraph 1 i of subsection (4) and its habitat and assess their effectiveness. O. Reg. 176/13, s. 14. (16) This section does not apply with respect to the Golden Eagle. O. Reg. 176/13, s. 14. 24.-31. Revoked: O. Reg. 833/21, s. 2.  Français