Exemptions, s. 47.3 of the Act
 9. (1) Section 47.3 of the Act does not apply to a person who is engaging in a renewable energy project if any of the following circumstances apply: 1. On a day before the day Part V.0.1 of the Act comes into force, all of the approvals, permits and other instruments mentioned in subsection 47.3 (1) of the Act that are required to construct, install, operate or use the renewable energy generation facility have been obtained. 2. No approvals, permits or other instruments mentioned in paragraph 1 were required to construct, install, operate or use a renewable energy generation facility on a day immediately before the day Part V.0.1 of the Act comes into force, and the construction or installation of the facility began on a day before that Part of the Act comes into force. 3. On a day before the day Part V.0.1 of the Act comes into force, a notice of completion in respect of the renewable energy generation facility has been issued or published pursuant to an exempting regulation made under the Environmental Assessment Act and the proponent of the facility entered into a power purchase agreement with the Ontario Power Authority in respect of the supply of renewable energy from the facility. 4. The project is in respect of the changing or retirement of a renewable energy generation facility, i. in respect of which all approvals, permits and other instruments referred to in paragraph 1 have been obtained on a day before the day Part V.0.1 of the Act comes into force or in respect of which none were required, or ii. in respect of which, on a day before the day Part V.0.1 of the Act comes into force, a notice of completion referred to in paragraph 3 was issued or published before the changing or retirement occurred. 5. On a day before the day Part V.0.1 of the Act comes into force, i. a power purchase agreement was entered into with the Ontario Power Authority in respect of the supply of renewable energy from the renewable energy generation facility, ii. the use of the land at the project location was not prohibited by a zoning by-law or order under Part V of the Planning Act, and iii. the facility was not an undertaking that was designated to be subject to the Environmental Assessment Act pursuant to a regulation made under that Act. 6. The project is in respect of a water power facility. 7. The project is in respect of a renewable energy generation facility that, i. is designed to have 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, or ii. is designed to have 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. 8. The project is in respect of a regulated mixed anaerobic digestion facility. 9. The project is in respect of an anaerobic digestion facility that, i. is located at a farm operation that is subject to an approved nutrient management strategy pursuant to the Nutrient Management Act, 2002, and ii. would not have required a certificate of approval or provisional certificate of approval under subsection 27 (1) of the Act on a day before the day Part V.0.1 of the Act comes into force. 10. The construction, installation, use, operation, changing and retiring of the renewable energy generation facility are prescribed activities for the purposes of subsection 20.21 (1) of the Act and no order is in effect under subsection 20.18 (1) of the Act stating that Part II.2 of the Act does not apply in respect of those activities. 11. The project is in respect of a thermal treatment facility that, i. changes or was changed from a generation facility that uses or used coal as its primary power source, and ii. is designed to have 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. 12. The project is in respect of a thermal treatment facility where any of the following are wholly utilized as a fuel or fuel supplement in a combustion unit or are subject to incineration or gasification, without being combined with any other solid or liquid fuel that is, or that is derived from, biomass or waste biomass: i. Firewood. ii. Manufactured fire logs. iii. Hogged wood fuel. iv. Wood chips. v. Wood pellets. vi. Wood briquettes. vii. Bark. viii. Sawdust. ix. Woodwaste. x. Pulp and paper biosolids within the meaning of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002. xi. Pyrolysis fuel oil derived from wood biomass. O. Reg. 359/09, s. 9 (1); O. Reg. 521/10, s. 3; O. Reg. 195/12, s. 3; O. Reg. 131/14, s. 2; O. Reg. 275/21, s. 1. (2) For the purposes of paragraph 2 of subsection (1), construction or installation is deemed to begin, (a) on the day on which the first contract was awarded for carrying out any part of the construction or installation, if any contracts were awarded; or (b) on the day on which construction or installation began, if no contracts were awarded for carrying out any part of the construction or installation.  O. Reg. 359/09, s. 9 (2).