jswizzle3737/ontario_laws_and_regs huggingface dataset:
Negative environmental effect
 2. In this Regulation, a reference to a negative environmental effect is a reference to a negative effect that will be caused or that might reasonably be expected to be caused to the environment.  O. Reg. 359/09, s. 2. Part II   Classes of Renewable energy Generation Facilities
PART II CLASSES OF RENEWABLE ENERGY GENERATION FACILITIES
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Anaerobic digestion facilities
 3. (1) An anaerobic digestion facility is an anaerobic digestion facility of a class set out in Column 1 of the Table to this section if, (a) the anaerobic digester of the facility is at a location set out opposite the class in Column 2 of the Table; and (b) the biogas used to generate electricity at the facility is made from the anaerobic digestion at the facility of the organic matter set out opposite the class in Column 3 of the Table.  O. Reg. 359/09, s. 3 (1). (2) In this Regulation, a reference to a Class 1, 2 or 3 anaerobic digestion facility is a reference to an anaerobic digestion facility of that class.  O. Reg. 359/09, s. 3 (2). Table  Item   Column 1 Class of anaerobic digestion facility   Column 2 Location of anaerobic digester   Column 3 Organic matter 

  1.   Class 1   At a farm operation.   One or more of the following: 1. Biomass that is grown or harvested for the purpose of being used to generate electricity. 2. Biomass that is agricultural waste within the meaning of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Act. 3. Farm material. 

  2.   Class 2   At a farm operation.   One or more of the following: 1. Organic matter consisting of any biomass or a combination of biomass and farm material, other than organic matter that consists solely of organic matter described in Column 3 of Item 1. 2. Source separated organics. 

  3.   Class 3   At any location other than at a farm operation.   One or more of the following: 1. Biomass. 2. Source separated organics.. 3. Farm material. O. Reg. 359/09, s. 3, Table.
Solar facilities
 4. (1) A solar facility is a solar facility of a class set out in Column 1 of the Table to this section if, (a) the solar photovoltaic collector panels or devices that form part of the facility are at a location set out opposite the class in Column 2 of the Table; and (b) the facility has a name plate capacity that meets the criteria set out opposite the class in Column 3 of the Table.  O. Reg. 359/09, s. 4 (1). (2) In this Regulation, a reference to a Class 1, 2 or 3 solar facility is a reference to a solar facility of that class.  O. Reg. 359/09, s. 4 (2). (3) For the purposes of this Regulation, two or more solar facilities that each meet the criteria set out for the same class of solar facility in subsection (1) shall be deemed to be a single solar facility in accordance with the following rules if the facilities are to function together as an integrated or aggregated system for generating electricity: 1. Two or more Class 1 solar facilities that have a combined name plate capacity of less than or equal to 10 kW are deemed to be a single Class 1 solar facility. 2. Two or more Class 1 solar facilities that have a combined name plate capacity of greater than 10 kW and whose solar photovoltaic collector panels or devices are not mounted on a roof or wall of a building are deemed to be a single Class 3 solar facility. 3. Two or more Class 3 solar facilities are deemed to be a single Class 3 solar facility.  O. Reg. 359/09, s. 4 (3); O. Reg. 195/12, s. 2 (1). Table  Item   Column 1 Class of solar facility   Column 2 Location of solar photovoltaic collector panels or devices   Column 3 Name plate capacity of solar facility (expressed in kW) 

  1.   Class 1   At any location.   ≤ 10 

  2.   Class 2   Mounted on the roof or wall of a building.   > 10 

  3.   Class 3   At any location other than mounted on the roof or wall of a building.   > 10 O. Reg. 195/12, s. 2 (2).
Thermal treatment facilities
 5. (1) A thermal treatment facility is a thermal treatment facility of a class set out in Column 1 of the Table to this section if, (a) the generating unit of the facility is at a location set out opposite the class in Column 2 of the Table; and (b) the biomass that is thermally treated to generate electricity at the facility meets the description set out opposite the class in Column 3 of the Table.  O. Reg. 359/09, s. 5 (1). (2) In this Regulation, a reference to a Class 1, 2 or 3 thermal treatment facility is a reference to a thermal treatment facility of that class.  O. Reg. 359/09, s. 5 (2). Table  Item   Column 1 Class of thermal treatment facility   Column 2 Location of generating unit   Column 3 Description of biomass 

  1.   Class 1   At any location.   Biomass consisting solely of woodwaste. 

  2.   Class 2   At a farm operation.    Any type of biomass, other than biomass consisting solely of woodwaste. 

  3.   Class 3   At any location other than at a farm operation.   Any type of biomass, other than biomass consisting solely of woodwaste. O. Reg. 359/09, s. 5, Table.
Wind facilities
 6. (1) A wind facility is a wind facility of a class set out in Column 1 of the Table to this section if, (a) the wind turbines that form part of the facility are at a location set out opposite the class in Column 2 of the Table; (b) the facility has a name plate capacity that meets the criteria set out opposite the class in Column 3 of the Table; and (c) the other specifications in Column 4 of the Table are met.  O. Reg. 359/09, s. 6 (1); O. Reg. 97/16, s. 2 (1). (2) In this Regulation, a reference to a Class 1, 2, 3, 4 or 5 wind facility is a reference to a wind facility of that class.  O. Reg. 359/09, s. 6 (2). (3) For the purposes of this Regulation, two or more wind facilities that each meet the criteria set out for the same class of wind facility in subsection (1) shall be deemed to be a single wind facility in accordance with the following rules if the facilities are to function together as an integrated or aggregated system for generating electricity: 1. Two or more Class 1 wind facilities that have a combined name plate capacity of greater than 3 kW are deemed to be, i. a Class 2 wind facility, if the combined name plate capacity is less than 50 kW, or ii. a Class 3 wind facility, if the combined name plate capacity is greater than or equal to 50 kW. 2. Two or more Class 2 wind facilities are deemed to be a single Class 2 wind facility. 3. Two or more Class 3 wind facilities are deemed to be a single Class 3 wind facility. 4. Two or more Class 4 wind facilities are be deemed to be a single Class 4 wind facility. 5. Two or more Class 5 wind facilities are deemed to be a single Class 5 wind facility.  O. Reg. 359/09, s. 6 (3). Table  Item   Column 1 Class of wind facility   Column 2 Location of wind turbines   Column 3 Name plate capacity of the facility (expressed in kW)   Column 4 Other specifications 

  1.   Class 1   At a location where no part of a wind turbine is located in direct contact with surface water other than in a wetland.   ≤ 3   None. 

  2.   Class 2   At a location where no part of a wind turbine is located in direct contact with surface water other than in a wetland.   > 3 and < 50   None. 

  3.   Class 3   At a location where no part of a wind turbine is located in direct contact with surface water other than in a wetland.   ≥ 50   Greatest sound power level (expressed in dBA) is < 102; greatest height (expressed in metres) of any wind turbine that forms part of the facility, excluding length of any blades, is < 70. 

  4.   Class 4   At a location where no part of a wind turbine is located in direct contact with surface water other than in a wetland.   ≥ 50   One of the following: 1. Greatest sound power level (expressed in dBA) is ≥ 102. 2. Greatest sound power level (expressed in dBA) is < 102; greatest height (expressed in metres) of any wind turbine that forms part of the facility, excluding length of any blades, is ≥ 70. 

  5.   Class 5   At a location where one or more parts of a wind turbine is located in direct contact with surface water other than in a wetland.   Any.   None. O. Reg. 97/16, s. 2 (2). Part III   Application of the Act to Renewable Energy PROJECTS
PART III APPLICATION OF THE ACT TO RENEWABLE ENERGY PROJECTS
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Exemption, standby generator
 7. (1) Section 9 of the Act does not apply in respect of the construction, alteration, replacement, use or operation of a standby generator that uses a fossil fuel to generate electricity at a renewable energy generation facility, if the standby generator is only operated in any of the following circumstances: 1. The standby generator is only operated for the purposes of testing or maintenance of the standby generator or the start up or shut down of the facility, and, i. the standby generator has not operated for more than 60 hours in the past 12 months for those purposes, and ii. the standby generator is operated only on weekdays between the hours of 7 a.m. and 7 p.m for those purposes. 2. The standby generator is only operated due to, i. a serious risk to the health or safety of a person, ii. a serious risk of harm to the natural environment, plant life or animal life, or iii. a serious risk of injury or damage to property.  O. Reg. 359/09, s. 7 (1). (2) This section does not apply in respect of a standby generator mentioned in subsection (1) if a certificate of approval was issued under section 9 of the Act in respect of the standby generator on a day before the day this section comes into force.  O. Reg. 359/09, s. 7 (2).
Exemptions, subs. 47.3 (1) of the Act
 8. Subsection 47.3 (1) of the Act does not apply to a person who is engaging in a renewable energy project in respect of, (a) a Class 1 or 2 solar facility; or (b) a Class 1 wind facility.  O. Reg. 359/09, s. 8.
Prescribed activities
 10. Subject to section 9, the following activities are prescribed for the purposes of paragraph 7 of subsection 47.3 (1) of the Act: 1. The construction, installation, use, operation or changing of a Class 3 solar facility, if the electricity generated at the facility is sold by the owner or operator of the facility. 2. The construction, installation, use, operation or changing of a wind facility, other than a Class 1 wind facility, if the electricity generated at the facility is sold by the owner or operator of the facility. 3. The construction, installation, use, operation or changing of a Class 1 anaerobic digestion facility. 4. The construction, installation, use, operation or changing of a Class 1 thermal treatment facility. 5. The construction, installation, use, operation or changing of a Class 2 thermal treatment facility.  O. Reg. 359/09, s. 10; O. Reg. 521/10, s. 4; O. Reg. 195/12, s. 4. Part iv   Renewable energy approvals — application process Before approval issued Application of Part
PART IV RENEWABLE ENERGY APPROVALS — APPLICATION PROCESS BEFORE APPROVAL ISSUED
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Application of Part
 11. 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.  O. Reg. 359/09, s. 11; O. Reg. 195/12, s. 6. Application for Renewable Energy Approval
Application for Renewable Energy Approval
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Eligibility, renewable energy approval
 12. (1) In order to be eligible for the issue of a renewable energy approval, a person who proposes to engage in a renewable energy project shall, before submitting an application for the issue of a renewable energy approval to the Director, (a) prepare the application in a form or format approved by the Director; (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 (c) comply with all other requirements in this Part.  O. Reg. 359/09, s. 12 (1); O. Reg. 521/10, s. 5 (1); O. Reg. 122/19, s. 2 (1). (1.1) Subject to subsection (1.3), a person who proposes to engage in a renewable energy project but does not comply with the requirements set out in subsection (1) may be eligible for the issue of a renewable energy approval if the Director is of the opinion that failure to comply with those requirements will not compromise an adequate understanding of the negative environmental effects of engaging in the renewable energy project.  O. Reg. 521/10, s. 5 (2); O. Reg. 122/19, s. 2 (2). (1.2) Subject to subsection (1.3), a person who proposes to engage in a renewable energy project but does not comply with the requirements set out in subsection (1) may be eligible for the issue of a renewable energy approval if the Director is of the opinion that failure to comply with those requirements will improve consultation respecting the project with the public, local authorities or any aboriginal communities.  O. Reg. 521/10, s. 5 (2); O. Reg. 122/19, s. 2 (3). (1.3) Subsections (1.1) and (1.2) do not apply in respect of the requirement set out in subclause (1) (b) (iii). O. Reg. 122/19, s. 2 (4). (2) If there is more than one person applying for the issue of a renewable energy approval in respect of a renewable energy project, those persons shall jointly submit one application for the issue of a renewable energy approval.  O. Reg. 359/09, s. 12 (2). (3) Revoked:  O. Reg. 195/12, s. 7.
Supporting documents
 13. (1) A person who proposes to engage in a renewable energy project shall submit a document set out in Column 1 of Table 1 as part of an application for the issue of a renewable energy approval in respect of the project if it is a project described opposite the document in Column 3.  O. Reg. 359/09, s. 13 (1). (2) If a document set out in Column 1 of Table 1 is submitted as part of an application for the issue of a renewable energy approval, the person who is engaging in the renewable energy project shall ensure that the document meets the requirements set out opposite the document in Column 2 of Table 1.  O. Reg. 359/09, s. 13 (2). (3) Any document submitted as part of an application for the issue of a renewable energy approval shall be in writing.  O. Reg. 359/09, s. 13 (3). (4) Any document submitted as part of an application for the issue of a renewable energy approval that is a diagram, map or plan shall be drawn to scale and shall include a scale bar and a north arrow.  O. Reg. 359/09, s. 13 (4). (5) The definition of “sound power level” in section 1 does not apply for the purposes of Table 1. O. Reg. 97/16, s. 4. Consultation
Consultation
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List of aboriginal communities
 14. (1) A person who proposes to engage in a renewable energy project shall, (a) give the Director a draft of the project description report prepared in accordance with Table 1; and (b) obtain from the Director a list of aboriginal communities who, in the opinion of the Director, (i) have or may have constitutionally protected aboriginal or treaty rights that may be adversely impacted by the project, or (ii) otherwise may be interested in any negative environmental effects of the project.  O. Reg. 359/09, s. 14 (1). (2) This section does not apply in respect of a proposal to engage in a renewable energy project in respect of a Class 2 wind facility.  O. Reg. 359/09, s. 14 (2).
Information on website
 15.1 A person who proposes to engage in a renewable energy project shall, within 10 days after a notice of the proposal for a renewable energy approval in respect of the renewable energy project is posted on the environmental registry referred to in section 5 of the Environmental Bill of Rights, 1993 and until the Director makes a decision under section 47.5 of the Act, make available copies of the documents described in subclauses 12 (1) (b) (i) and (ii) and subsection 57.4 (1) by posting the documents on the person’s website, if the person has a website.  O. Reg. 521/10, s. 7; O. Reg. 122/19, s. 3.
Newspaper notice
 15.2 (1) A person who proposes to engage in a renewable energy project shall, within 10 days after a notice of the proposal for a renewable energy approval in respect of the renewable energy project is posted on the environmental registry referred to in section 5 of the Environmental Bill of Rights, 1993, publish a notice that contains the following information: 1. The name of the person proposing to engage in the renewable energy project. 2. A brief description of the renewable energy project. 3. A map identifying the project location. 4. If the person has posted documents under section 15.1, the address of the website on which the documents are posted. 5. A statement that a proposal for a renewable energy approval in respect of the renewable energy project has been posted on the environmental registry referred to in section 5 of the Environmental Bill of Rights, 1993 and that comments in respect of the proposal may be submitted to the Director.  O. Reg. 521/10, s. 7. (2) The person shall publish the notice required by subsection (1), (a) in a newspaper with general circulation in each local municipality in which the project location is situated; or (b) if the project location is in unorganized territory, (i) in a newspaper with general circulation within 25 kilometres of the project location, or (ii) if a newspaper described in subclause (i) does not exist, in at least six conspicuous locations within 25 kilometres of the project location.  O. Reg. 521/10, s. 7.
Proposal to change project, additional notice and consultation
 16.0.1 (1) This section applies in respect of a person who is proposing to engage in a renewable energy project and who proposes to engage in the project in a manner that is different from the manner that was presented, (a) at the final public meeting held under section 16; or (b) if section 16 does not apply, in the notice published or posted under paragraph 1 or 2 of subsection 15 (6).  O. Reg. 195/12, s. 10. (2) A person mentioned in subsection (1) shall, as soon as reasonably possible after determining that a change to the project is desired, notify the Director of the proposed change by providing a written description of and a rationale for the proposed change.  O. Reg. 195/12, s. 10. (3) In the circumstances described in subsection (4), the Director may, by written notice to the person mentioned in subsection (1), require the person to do one or more of any of the following: 1. Prepare a notice, in a form approved by the Director, of, i. the proposed change, or ii. the location and time of a public meeting to be held for the purpose of conducting consultations in respect of the proposed change. 2. Distribute a notice mentioned in paragraph 1, i. in accordance with paragraphs 1, 2, 3 and 4 of subsection 15 (6), to the persons mentioned in paragraph 5 of subsection 15 (6), and ii. at least 30 days before the meeting mentioned in subparagraph 1 ii, if a public meeting is required under paragraph 3. 3. Hold one or more public meetings, i. in each local municipality in which the project location is situated, and ii. if the project location is in unorganized territory, A. within 25 kilometres of the project location, or B. in the local municipality that is closest to the project location, if there is no appropriate place to hold a public meeting in the area described in sub-subparagraph A, 4. Update the documents described in paragraphs 1 and 2 of subsection 16 (6) and make the updated documents available in the manner described in clauses 16 (5) (a) to (d) for a period of time specified by the Director.  O. Reg. 195/12, s. 10. (4) The Director may provide written notice under subsection (3) at any point before a decision is made about whether to issue a renewable energy approval in respect of the project if, in the opinion of the Director, failure to require additional public notification or public consultation under this section might result in an inadequate understanding by the public of the negative environmental effects of the proposed changes.  O. Reg. 195/12, s. 10.
Exception, ss. 15.1 to 16
 16.1 Sections 15.1 to 16 do not apply in respect of a proposal to engage in a renewable energy project in respect of,  (a) a Class 2 wind facility; (b) a Class 1 or 2 anaerobic digestion facility; (c) a Class 1 thermal treatment facility, if the generating unit of the facility is located at a farm operation; or (d) a Class 2 thermal treatment facility.  O. Reg. 521/10, s. 9.
Consultation with municipalities, local authorities
 18. (1) A person who proposes to engage in a renewable energy project shall, in accordance with subsections (3) and (4), distribute drafts of the documents mentioned in subsection (2) to, (a) the clerk of each local municipality and upper-tier municipality in which the project location is situated; (b) the secretary-treasurer of the local roads board of each local roads area in which the project location is situated; and (c) the secretary of the Local Services Board of each board area in which the project location is situated.  O. Reg. 521/10, s. 11. (2) The documents referred to in subsection (1) are: 1. A project description report. 2. A document required to be made available under subsection 16 (6). 3. A consultation form.  O. Reg. 521/10, s. 11; O. Reg. 195/12, s. 12 (1). (3) If section 16 applies, (a) the documents referred to in paragraphs 1 and 3 of subsection (2) shall be distributed under subsection (1) at least 30 days before the first public meeting is held for the purposes of subsection 16 (1); and (b) the documents referred to in paragraph 2 of subsection (2) shall be distributed under subsection (1) at least 90 days before the final public meeting is held for the purposes of subsection 16 (1).  O. Reg. 521/10, s. 11. (4) If section 16 does not apply, the documents referred to in paragraphs 2 and 3 of subsection (2) shall be distributed under subsection (1) at least 30 days before an application for a renewable energy approval is submitted to the Director.  O. Reg. 521/10, s. 11; O. Reg. 195/12, s. 12 (2). (5) The consultation form referred to in paragraph 3 of subsection (2) shall be distributed for the purpose of consulting on matters relating to municipal or local infrastructure and servicing and shall be in a form and format approved by the Director.  O. Reg. 521/10, s. 11. (5.1) If the Director requires a person to prepare updated documents under paragraph 4 of subsection 16.0.1 (3), the person shall, when complying with that requirement, distribute copies of those updated documents to the persons mentioned in clauses (1) (a), (b) and (c).  O. Reg. 195/12, s. 12 (3). (6) This section does not apply to a person who proposes to engage in a renewable energy project in respect of a Class 2 wind facility.  O. Reg. 521/10, s. 11. Protected Properties, Archaeological and Heritage Resources
Protected Properties, Archaeological and Heritage Resources
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Archaeological resources, specified projects
 20. (1) This section applies to a person who proposes to engage in a renewable energy project in respect of, (a) a Class 2 wind facility; (b) a Class 1 or 2 anaerobic digestion facility; (c) a Class 1 thermal treatment facility, if the generating unit of the facility is located at a farm operation; or (d) a Class 2 thermal treatment facility.  O. Reg. 195/12, s. 14. (2) A person mentioned in subsection (1) shall contact the Ministry of Tourism, Culture and Sport to determine whether the project location meets one or both of the following descriptions: 1. The project location is within 250 metres of an archaeological resource that is set out by that Ministry in records it maintains. 2. The project location is on property designated as an archaeological site under Regulation 875 of the Revised Regulations of Ontario, 1990 (Archaeological Sites) made under the Ontario Heritage Act.  O. Reg. 195/12, s. 14. (3) A person mentioned in subsection (1) shall contact the clerk of each local municipality and upper-tier municipality in which the project location is situated to determine whether the project location is in an area that has been identified on an archaeological management plan.  O. Reg. 195/12, s. 14. (4) If a person mentioned in subsection (1) has determined that the project location meets one of the descriptions set out in subsection (2) or is in an area described in subsection (3), the person shall ensure that, (a) an archaeological assessment is conducted by a consultant archaeologist; and (b) an archaeological assessment report is prepared by the consultant archaeologist mentioned in clause (a) and submitted to the Ministry of Tourism, Culture and Sport.  O. Reg. 195/12, s. 14.
Archaeological resources, other projects
 21. (1) Subject to subsection (3), this section applies to a person if the person proposes to engage in a renewable energy project in respect of which section 20 does not apply.  O. Reg. 195/12, s. 14. (2) A person to whom this section applies shall ensure that, (a) an archaeological assessment is conducted by a consultant archaeologist; and (b) an archaeological assessment report is prepared by the consultant archaeologist mentioned in clause (a) and submitted to the Ministry of Tourism, Culture and Sport.  O. Reg. 195/12, s. 14. (3) Subsection (2) does not apply if the person determines that there is low potential for the presence of an archaeological resource at the project location after considering the potential, which consideration must include completion of the document entitled “REA Checklist: Consideration of Potential for Archaeological Resources”, as amended from time to time, available from the Ministry of Tourism, Culture and Sport.  O. Reg. 195/12, s. 14.
Archaeological assessment, documents to be included in application
 22. As part of an application for the issue of a renewable energy approval, a person subject to subsection 20 (4) or 21 (2) shall submit, (a) written comments provided by the Ministry of Tourism, Culture and Sport in respect of the archaeological assessment; (b) the archaeological assessment report; and (c) if the project location is on property described in paragraph 2 of subsection 20 (2), a copy of the permit issued by the Minister of Tourism, Culture and Sport to excavate or alter the property or to remove an artifact from that property, as the case may be.  O. Reg. 195/12, s. 14.
Natural Heritage
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Environmental effects monitoring plan
 23.1 (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.  O. Reg. 521/10, s. 14. (2) For the purposes of subsection (1), the person shall prepare the environmental effects monitoring plan in accordance with the following publications of the Ministry of Natural Resources and Forestry: 1. “Birds and Bird Habitats: Guidelines for Wind Power Projects” dated October 2010, as amended from time to time and available from the Ministry of Natural Resources and Forestry. 2. “Bats and Bat Habitats: Guidelines for Wind Power Projects” dated March 2010, as amended from time to time and available from the Ministry of Natural Resources and Forestry.  O. Reg. 521/10, s. 14; O. Reg. 97/16, s. 14.
Natural heritage assessment
 24. (1) A person who proposes to engage in a renewable energy project shall conduct a natural heritage assessment, consisting of the following: 1. A records review conducted in accordance with section 25. 2. A site investigation conducted in accordance with section 26. 3. Subject to subsection (3), an evaluation of the significance or provincial significance of each natural feature identified in the course of the records review and site investigation, conducted in accordance with section 27.  O. Reg. 359/09, s. 24 (1). (2) For the purposes of this section and sections 25 and 26, in conducting a records review or a site investigation, identifying natural features and determining the boundaries of any natural features, a person mentioned in subsection (1) shall use applicable evaluation criteria or procedures as set out in the Natural Heritage Assessment Guide.  O. Reg. 359/09, s. 24 (2); O. Reg. 333/12, s. 4. (3) This section and sections 25, 26, 27 and 28 do not apply in respect of a proposal to engage in a renewable energy project in respect of a Class 2 wind facility.  O. Reg. 359/09, s. 24 (3).
Confirmation from Ministry of Natural Resources and Forestry
 28. (1) A person who proposes to engage in a renewable energy project shall submit to the Ministry of Natural Resources and Forestry each plan the person is required to prepare under section 23.1 and each report the person is required to prepare under subsections 25 (3), 26 (3) and 27 (4).  O. Reg. 359/09, s. 28 (1); O. Reg. 521/10, s. 17 (1); O. Reg. 97/16, s. 14. (2) The person mentioned in subsection (1) shall obtain the following in writing from the Ministry of Natural Resources and Forestry: 1. Confirmation that the determination of the existence of natural features and the boundaries of natural features was made using applicable evaluation criteria or procedures set out in the Natural Heritage Assessment Guide. 2. If no natural features were identified, confirmation that the site investigation and records review were conducted using applicable evaluation criteria or procedures set out in the Natural Heritage Assessment Guide. 3. Confirmation that the evaluation of the significance or provincial significance of the natural features was conducted using applicable evaluation criteria or procedures set out in the Natural Heritage Assessment Guide. 4. If the person has determined that the project location is not in a provincial park or conservation reserve, confirmation that that Ministry agrees with the determination. 5. If the person has determined that the project location is in a provincial park or conservation reserve, confirmation that engaging in the project is not prohibited by or under the Provincial Parks and Conservation Reserves Act, 2006. 6. If section 23.1 applies, comments received from the Ministry of Natural Resources and Forestry in respect of the environmental effects monitoring plan required under that section.  O. Reg. 359/09, s. 28 (2); O. Reg. 521/10, s. 17 (2); O. Reg. 333/12, s. 8; O. Reg. 97/16, s. 14. (3) As part of an application for the issue of a renewable energy approval, the person mentioned in subsection (1) shall submit, (a) the plan and reports mentioned in subsection (1); (b) a copy of any confirmation or comment required under subsection (2); and (c) any additional written comments provided by the Ministry of Natural Resources and Forestry in respect of the natural heritage assessment.  O. Reg. 359/09, s. 28 (3); O. Reg. 521/10, s. 17 (3, 4); O. Reg. 97/16, s. 14. Water
Water
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Water assessment
 29. (1) A person who proposes to engage in a renewable energy project shall conduct a water assessment, consisting of the following: 1. A records review conducted in accordance with section 30. 2. A site investigation conducted in accordance with section 31.  O. Reg. 359/09, s. 29 (1). (2) This section and sections 30 and 31 do not apply in respect of a proposal to engage in a renewable energy project in respect of a Class 2 wind facility.  O. Reg. 359/09, s. 29 (2).
Water, records review
 30. (1) In conducting a records review mentioned in paragraph 1 of subsection 29 (1), a person who proposes to engage in a renewable energy project shall ensure that a search for and analysis of the records set out in Column 1 of the Table to this section are conducted in respect of the project location for the purpose of making the determinations set out opposite the records in Column 2 of the Table.  O. Reg. 359/09, s. 30 (1). (2) As part of an application for the issue of a renewable energy approval, the person mentioned in subsection (1) shall prepare a report setting out a summary of the records searched and the results of the analysis conducted under subsection (1).  O. Reg. 359/09, s. 30 (2). Table  Item   Column 1 Records to be searched and analyzed   Column 2 Determination to be made 

  1.   Records that relate to water bodies and that are maintained by, i. the Ministry of Natural Resources and Forestry, ii. the Crown in right of Canada, iii. a conservation authority, if the project location is in the area of jurisdiction of the conservation authority, iv. each local and upper-tier municipality in which the project location is situated,  v. the planning board of an area of jurisdiction of a planning board in which the project location is situated, vi. the municipal planning authority of an area of jurisdiction of a municipal planning authority in which the project location is situated, vii. the local roads board of a local roads area in which the project location is situated, viii. the Local Services Board of a board area in which the project location is situated, and ix. the Niagara Escarpment Commission, if the project location is in the area of the Niagara Escarpment Plan.   Whether the project location is, i. in a water body, ii. within 120 metres of the average annual high water mark of a lake, other than a lake trout lake that is at or above development capacity, iii. within 300 metres of the average annual high water mark of a lake trout lake that is at or above development capacity, iv. within 120 metres of the average annual high water mark of a permanent or intermittent stream, or v. within 120 metres of a seepage area. O. Reg. 359/09, s. 30, Table; O. Reg. 97/16, s. 14.
Niagara Escarpment
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Niagara Escarpment
 32. (1) A person who proposes to engage in a renewable energy project in respect of a project location in the area of the Niagara Escarpment Plan shall, in accordance with subsection (1.1), submit drafts of the following reports, prepared in accordance with Table 1, to the chair of the Niagara Escarpment Commission: 1. The project description report. 2. The design and operations report. 3. The construction plan report. 4. The decommissioning plan report.  O. Reg. 359/09, s. 32 (1); O. Reg. 521/10, s. 19 (1). (1.1) The drafts mentioned in subsection (1) shall be distributed, (a) if section 16 applies, at least 90 days before the final public meeting is held for the purposes of subsection 16 (1) in respect of a renewable energy project; or (b) if section 16 does not apply, at least 30 days before an application for a renewable energy approval is submitted to the Director.  O. Reg. 521/10, s. 19 (2); O. Reg. 195/12, s. 16. (2) As part of an application for the issue of a renewable energy approval, a person who proposes to engage in a renewable energy project mentioned in subsection (1) shall submit, (a) evidence that the drafts mentioned in paragraphs 1, 2, 3 and 4 of subsection (1) were submitted to the chair of the Niagara Escarpment Commission; and (b) if a development permit is required in respect of engaging in a renewable energy project under the Niagara Escarpment Planning and Development Act, a copy of the development permit.  O. Reg. 359/09, s. 32 (2); O. Reg. 521/10, s. 19 (3). Part iv.1   Renewable energy approvals — Application process after approval issued
PART IV.1 RENEWABLE ENERGY APPROVALS — APPLICATION PROCESS AFTER APPROVAL ISSUED
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Application of Part
 32.1 (1) This Part applies to a person who, (a) has obtained a renewable energy approval to engage in a renewable energy project; and (b) proposes to engage in the project in a manner that would not be under the authority of and in accordance with the approval because the proposal, (i) involves making a change in respect of the project, or (ii) would not be consistent with the terms or conditions of the approval.  O. Reg. 195/12, s. 17. (1.1) Despite subsection (1), this Part does not apply in respect of a change to which section 9.1 applies. O. Reg. 97/16, s. 6. (2) Without limiting subclause (1) (b) (i), the change in respect of the project may be, (a) a change to a renewable energy generation facility; (b) a change to the manner of engaging in the project; or (c) a change to, including an expansion of, the scope of the project.  O. Reg. 195/12, s. 17.
Additional notice and consultation requirements
 32.3 (1) In the circumstances described in subsection (2), the Director may, by written notice to a person who submitted an application under section 32.2, require the person to do one or more of the following: 1. Prepare a notice, in a form approved by the Director, of, i. the proposed change or alteration, or ii. the location and time of a public meeting to be held for the purpose of conducting consultations in respect of the proposed change or alteration. 2. Distribute a notice mentioned in paragraph 1, i. in accordance with paragraphs 1, 2, 3 and 4 of subsection 15 (6), to the persons mentioned in paragraph 5 of subsection 15 (6), and ii. at least 30 days before the meeting mentioned in subparagraph 1 ii, if a public meeting is required under paragraph 3. 3. Hold one or more public meetings, i. in each local municipality in which the project location is situated, and ii. if the project location is in unorganized territory, A. within 25 kilometres of the project location, or B. in the local municipality that is closest to the project location, if there is no appropriate place to hold a public meeting in the area described in sub-subparagraph A. 4. Make the report or reports prepared under paragraph 2 of subsection 32.2 (2) and any of the documents that are mentioned in paragraph 3 of subsection 32.2 (2) or required to be obtained or prepared under section 32.4 available in the manner described in clauses 16 (5) (a) to (d) for a period of time specified by the Director.  O. Reg. 195/12, s. 17; O. Reg. 333/12, s. 9. (2) The Director may provide written notice under subsection (1), if, in the opinion of the Director, failure to require additional public notification or public consultation under this section might result in an inadequate understanding by the public of the negative environmental effects of the proposed changes or alterations.  O. Reg. 195/12, s. 17.
Additional information requirements
 32.4 The Director may, by written notice to a person who submitted an application under section 32.2, require the person to obtain or prepare, as the case may be, one or more of the documents that are required to be submitted as part of an application under Part IV.  O. Reg. 195/12, s. 17.
Application of s. 13 (3) and (4)
 32.5 Subsections 13 (3) and (4) apply in respect of this Part.  O. Reg. 195/12, s. 17. Part V   Prohibitions — Renewable Energy Projects Application and Interpretation of Part
PART V PROHIBITIONS — RENEWABLE ENERGY PROJECTS
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Application and Interpretation of Part
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Application of Part
 33. (1) This Part applies to a person who is engaging in a renewable energy project in respect of which the issue of a renewable energy approval is required, other than a renewable energy project in respect of a Class 2 wind facility.  O. Reg. 359/09, s. 33 (1). (2) Despite subsection (1), sections 53, 54 and 55 apply to a person who is engaging in any renewable energy project in respect of a Class 3, 4 or 5 wind facility.  O. Reg. 359/09, s. 33 (2). (3) Despite subsection (2), sections 53, 54 and 55 do not apply to a person who is constructing, installing or expanding a Class 3, 4 or 5 wind facility if, (a) a certificate of approval that was required under section 9 of the Act in respect of the construction, installation or expansion was obtained on a day before the day that Part V.0.1 of the Act came into force; or (b) section 47.3 of the Act does not apply to the person pursuant to paragraph 2 of subsection 9 (1).  O. Reg. 376/09, s. 1. (4) Despite clause (3) (a), sections 53, 54 and 55 apply to a person in respect of a change to a wind turbine described in subsection (5) if the person, (a) is otherwise eligible for the exemption set out in clause (3) (a) in respect of the wind turbine; and (b) applies for an amendment to an environmental compliance approval that would have the effect of authorizing the person to change the location of the wind turbine or increase the name plate capacity or sound power level of the wind turbine.  O. Reg. 195/12, s. 18. (5) For the purposes of subsection (4), the following are changes to a wind turbine: 1. A change in the location of the wind turbine. 2. An increase in the name plate capacity or the sound power level of the wind turbine.  O. Reg. 195/12, s. 18.
Reference to application
 33.1 In this Part, a reference to an application for the issue of a renewable energy approval includes an application submitted under section 32.2.  O. Reg. 195/12, s. 19.
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, (a) the Ministry of Natural Resources and Forestry has identified as significant or provincially significant, as the case may be; or (b) has been confirmed in writing by the Ministry of Natural Resources and Forestry to have 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. O. Reg. 359/09, s. 34; O. Reg. 333/12, s. 10; O. Reg. 97/16, s. 14. General Prohibitions
General Prohibitions
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Non-renewable energy sources
 36. No person shall operate or use a renewable energy generation facility unless, on an annual basis, (a) if the facility has a name plate capacity of less than or equal to 500 kW, at least 90 per cent of the electricity generated at the facility is generated from a renewable energy source; and (b) if the facility has a name plate capacity of greater than 500 kW, at least 95 per cent of the electricity generated at the facility is generated from a renewable energy source.  O. Reg. 359/09, s. 36. Natural Features and Water Bodies — General
Natural Features and Water Bodies — General
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Specified wetlands, provincial parks, conservation reserves
 37. (1) No person shall construct, install or expand a renewable energy generation facility as part of a renewable energy project at a project location that is in any of the following locations: 1. A provincially significant southern wetland. 2. A provincially significant coastal wetland. 3. A provincial park or a conservation reserve, unless the construction, installation or expansion of the facility is not prohibited by or under the Provincial Parks and Conservation Reserves Act, 2006.  O. Reg. 359/09, s. 37. (2) Paragraphs 1 and 2 of subsection (1) do not apply in respect of the construction or installation of a transmission or distribution line that is being constructed or installed as part of the renewable energy generation facility or the expansion of an existing transmission or distribution line, transformer station, distribution station or transportation system that is to form part of the renewable energy generation facility if, as part of the application for the issue of a renewable energy approval in respect of the renewable energy project, the applicant submits, (a) an environmental impact study report prepared in accordance with the Natural Heritage Assessment Guide, that, (i) identifies and assesses any negative environmental effects of the project on a wetland referred to in paragraph 1 or 2 of subsection (1), (ii) identifies mitigation measures in respect of any negative environmental effects mentioned in subclause (i), (iii) describes how the environmental effects monitoring plan set out in paragraph 4 of Item 4 of Table 1 addresses any negative environmental effects mentioned in subclause (i), (iv) describes how the construction plan report prepared in accordance with Table 1 addresses any negative environmental effects mentioned in subclause (i), and (v) explains why it is not reasonable for the project location to be entirely outside the locations mentioned in paragraphs 1 and 2 of subsection (1); (b) written confirmation from the Ministry of Natural Resources and Forestry that the report mentioned in clause (a) has been prepared in accordance with the Natural Heritage Assessment Guide; and (c) any written comments provided by the Ministry of Natural Resources and Forestry to the applicant in respect of the project. O. Reg. 333/12, s. 12; O. Reg. 97/16, s. 14.
Water bodies
 39. (1) No person shall construct, install or expand a renewable energy generation facility as part of a renewable energy project in a project location that is in any of the following locations: 1. A lake or within 30 metres of the average annual high water mark of a lake. 2. A permanent or intermittent stream or within 30 metres of the average annual high water mark of a permanent or intermittent stream. 3. A seepage area or within 30 metres of a seepage area.  O. Reg. 359/09, s. 39 (1). (2) Subsection (1) does not apply if the facility is a facility mentioned in subsection (3) and, as part of the application for the issue of a renewable energy approval in respect of the renewable energy project, the applicant submits a report that, (a) identifies and assesses any negative environmental effects of the project on a water body referred to in paragraphs 1 to 3 of subsection (1) and on land within 30 metres of the water body; (b) identifies mitigation measures in respect of any negative environmental effects mentioned in clause (a); (c) describes how the environmental effects monitoring plan set out in paragraph 4 of item 4 of Table 1 addresses any negative environmental effects mentioned in clause (a); and (d) describes how the construction plan report prepared in accordance with Table 1 addresses any negative environmental effects mentioned in clause (a).  O. Reg. 359/09, s. 39 (2). (3) Subsection (2) applies in respect of the following facilities: 1. A Class 3 or 4 wind facility, if no wind turbine or transformer substation is constructed, installed or expanded in a project location described in subsection (1). 2. A Class 5 wind facility, if no transformer substation is constructed, installed or expanded in a project location described in subsection (1). 3. A Class 3 solar facility, if no solar photovoltaic panel or device and no transformer substation is constructed, installed or expanded in a project location described in subsection (1). 4. An anaerobic digestion facility, if no biomass storage areas, source separated organics storage areas, farm material storage areas, digestate storage tanks, generating units, flares, anaerobic digesters and transformer substations are constructed, installed or expanded in a project location described in subsection (1). 5. A thermal treatment facility, if no biomass storage areas or transformer substations are constructed, installed or expanded in a project location described in subsection (1).  O. Reg. 359/09, s. 39 (3); O. Reg. 521/10, s. 22 (1-5). (4) For the purposes of this section, “transformer substation” means a transformer substation capable of operating at a nominal voltage of 50 kV or more.  O. Reg. 521/10, s. 22 (6).
Water bodies, continued
 40. (1) No person shall construct, install or expand a renewable energy generation facility as part of a renewable energy project at a project location that is in any of the following locations: 1. Within 120 metres of the average annual high water mark of a lake, other than a lake trout lake that is at or above development capacity. 2. Within 300 metres of the average annual high water mark of a lake trout lake that is at or above development capacity. 3. Within 120 metres of the average annual high water mark of a permanent or intermittent stream. 4. Within 120 metres of a seepage area.  O. Reg. 359/09, s. 40 (1); O. Reg. 521/10, s. 23. (2) Subsection (1) does not apply if, as part of the application for the issue of a renewable energy approval in respect of the renewable energy project, the applicant submits a report that, (a) identifies and assesses any negative environmental effects of the project on a water body referred to in paragraphs 1 to 4 of subsection (1) and on land within 30 metres of the water body; (b) identifies mitigation measures in respect of any negative environmental effects mentioned in clause (a); (c) describes how the environmental effects monitoring plan set out in paragraph 4 of item 4 of Table 1 addresses any negative environmental effects mentioned in clause (a); and (d) describes how the construction plan report prepared in accordance with Table 1 addresses any negative environmental effects mentioned in clause (a).  O. Reg. 359/09, s. 40 (2). Natural Features and Water Bodies — Greenbelt
Natural Features and Water Bodies — Greenbelt
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Natural Features and Water Bodies — Oak Ridges Moraine
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