2. (1) This Regulation does not apply to, (a) a generation facility that is constructed only for the purpose of providing electricity to the site where the generation facility is located in the event of a failure of a distributor to deliver electricity to the site; (b) a generation facility that uses biogas, biomass, landfill gas, natural gas or waste biomass as its primary power source, if the facility has a name plate capacity of 25 megawatts or less, and, (i) the ratio of the facility’s output energy to its input energy is more than 0.60, or (ii) none of the electricity generated by the facility is sold by the generator through the IESO-administered markets and none of the electricity generated by the facility is sold by the generator directly to persons who use the electricity at a location other than the site on which the facility is located; (c) a transmission line or transformer station associated with a generation facility described in clause (a) or (b); or (d) a renewable energy generation facility.  O. Reg. 116/01, s. 2; O. Reg. 360/09, s. 2 (1, 2). (2) Despite clause (1) (d), this Regulation applies to a renewable energy generation facility in respect of an undertaking that is designated under this Regulation if, (a) on a day before the day that subsection 4 (1) of Schedule G to the Green Energy and Green Economy Act, 2009 comes into force, (i) the proponent was authorized under Part II or II.1 of the Act to proceed with the undertaking, (ii) a notice of completion was issued or published by the proponent in respect of the undertaking and the proponent of the undertaking entered into a power purchase agreement with the Ontario Power Authority in respect of the supply of renewable energy from the undertaking, or (iii) a statement of completion was filed with the Director of the Environmental Assessment and Approvals Branch in respect of the undertaking and all of the approvals, permits and other instruments mentioned in subsection 47.3 (1) of the Environmental Protection Act that are required to construct, install, operate or use the facility have been obtained; (b) the facility uses water power as its primary power source; (c) the facility has a name plate capacity of less than or equal to 500 kW and on an annual basis, less than 90 per cent of the electricity generated at the facility is generated from a renewable energy source; (d) the facility has a name plate capacity of greater than 500 kW and on an annual basis, less than 95 per cent of the electricity generated at the facility is generated from a renewable energy source; (d.1) the facility is a thermal treatment facility as described in paragraph 12 of subsection 9 (1) of Ontario Regulation 359/09 (Renewable Energy Approvals under Part V.0.1 of the Act) made under the Environmental Protection Act; (e) the facility, (i) changes or was changed from a generation facility that uses or used coal as its primary power source, and (ii) has a name plate capacity of greater than 500 kW and on an annual basis, generates at least 95 per cent of its electricity from biomass within the meaning of Ontario Regulation 160/99 (Definitions and Exemptions) made under the Electricity Act, 1998; or (f) the undertaking consists of the changing, expanding or retiring of a renewable energy generation facility mentioned in clause (a), (b), (c), (d), (d.1) or (e). O. Reg. 360/09, s. 2 (3); O. Reg. 130/14, s. 2; O. Reg. 276/21, s. 1.