jswizzle3737/ontario_laws_and_regs huggingface dataset:
Oak Ridges Moraine
 42. (1) In addition to sections 37 and 38, sections 43, 44, 45 and 46 apply to a person who is constructing, installing or expanding a renewable energy generation facility as part of a renewable energy project at a project location that is in the portion of the Oak Ridges Moraine Conservation Area that is subject to the Oak Ridges Moraine Conservation Plan.  O. Reg. 359/09, s. 42 (1); O. Reg. 521/10, s. 25. (2) Sections 39 and 40 do not apply to a person who is constructing, installing or expanding a renewable energy generation facility as part of a renewable energy project at a project location that is in the portion of the Oak Ridges Moraine Conservation Plan Area that is subject to the Oak Ridges Moraine Conservation Plan.  O. Reg. 359/09, s. 42 (2).
Water bodies
 44. (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 kettle lake or within 30 metres of the average annual high water mark of a kettle 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. 44 (1). (2) Subsection (1) does not apply in respect of the construction or installation of a transmission line that is being constructed or installed as part of the renewable energy generation facility or to the expansion of a transmission line that is 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 report that, (a) identifies and assesses any negative environmental effects of the construction, installation or expansion of the transmission line and of the operation or use of the transmission line on any 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. 44 (2).
Water bodies, continued
 45. (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 kettle lake that is not a lake trout lake that is at or above development capacity. 2. Within 300 metres of the average annual high water mark of a kettle lake that is 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. 45 (1). (2) Subsection (1) does not apply if, as part of an 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. 45 (2). (3) Except in respect of a water body mentioned in paragraph 1, 2, 3 or 4 of subsection (1) that is located, in whole or in part, within an Oak Ridges Moraine settlement area, subsection (1) does not apply in respect of the construction, installation or expansion of a renewable energy generation facility as part of a renewable energy project if the project location is entirely within an Oak Ridges Moraine settlement area.  O. Reg. 359/09, s. 45 (3).
Rapid infiltration basin or column
 46. (1) No person shall construct, install or expand a part of a renewable energy generation facility that will be used or operated, or is used or operated, as a rapid infiltration basin or a rapid infiltration column.  O. Reg. 359/09, s. 46 (1). (2) For the purposes of subsection (1), “rapid infiltration basin” and “rapid infiltration column” have the same meanings as in subsection 47 (3) of Ontario Regulation 140/02 (Oak Ridges Moraine Conservation Plan) made under the Oak Ridges Moraine Conservation Act, 2001.  O. Reg. 359/09, s. 46 (2). Anaerobic Digestion Facilities
Anaerobic Digestion Facilities
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Class 1 and 2 anaerobic digestion facilities, less than or equal to 500 kW
 47. (1) This section applies to a person who is constructing, installing or expanding a Class 1 or Class 2 anaerobic digestion facility that has a name plate capacity of less than or equal to 500 kW.  O. Reg. 359/09, s. 47 (1). (2) No person shall construct, install or expand a facility mentioned in subsection (1) unless any biomass storage areas, farm material storage areas, digestate storage tanks, generating units, flares and anaerobic digesters of the facility are, (a) at least 250 metres from the nearest odour receptor; or (b) at least 125 metres from the nearest odour receptor, if, (i) the conditions set out in subsection (3) are met, or (ii) the facility is designed to minimize the discharge of odour to at least the same extent as if the conditions set out in subsection (3) were met.  O. Reg. 359/09, s. 47 (2). (3) For the purposes of subclause (2) (b) (i), the following conditions must be met: 1. The facility must be designed to be equipped with an anaerobic digester that has a gas storage cover with a design permeability of less than 500 cm3/m2/day/bar. 2. If the facility is designed to be equipped with, i. any digestate storage tanks storing liquid digestate, the tanks storing liquid digestate with a total storage volume set out in Column 1 of Table 2 must be located at a distance from the nearest odour receptor that is equal to or greater than the distance set out opposite the volume in Column 2 of that Table, and ii. any digestate storage tanks storing solid digestate, the tanks storing solid digestate with a total storage volume set out in Column 1 of Table 3 must be located at a distance from the nearest odour receptor that is equal to or greater than the distance set out opposite the volume in Column 2 of that Table. 3. If the facility is designed to be equipped with flares, they must be located at a distance from the nearest odour receptor that is equal to or greater than the greatest distance at which any digestate storage tank is required to be located from the nearest odour receptor under paragraph 2. 4. The facility must be designed to operate with a minimum average monthly input of five per cent manure.  O. Reg. 359/09, s. 47 (3). (4) Subsection (2) does not apply to a person mentioned in subsection (1) if, as part of the application for the issue of a renewable energy approval in respect of the renewable energy project, the applicant submits the following reports prepared in accordance with Table 1: 1. The emission summary and dispersion modelling report. 2. The noise study report. 3. The odour study report.  O. Reg. 521/10, s. 27. (5) Subsection (2) does not apply in respect of an odour receptor that did not exist when the person proposing to construct, install or expand a facility mentioned in subsection (1) submitted an application for the issue of a renewable energy approval to the Director.  O. Reg. 521/10, s. 27.
Class 1 and 2 anaerobic digestion facilities, greater than 500 kW
 48. (1) This section applies to a person who is constructing, installing or expanding a Class 1 or Class 2 anaerobic digestion facility that has a name plate capacity of greater than 500 kW.  O. Reg. 359/09, s. 48 (1). (2) Subject to subsections (3) and (4), no person shall construct, install or expand a facility mentioned in subsection (1) unless the following conditions are met: 1. All biomass storage areas, farm material storage areas, digestate storage tanks, generating units, flares and anaerobic digesters of the facility must be located at a distance of at least 250 metres from the nearest odour receptor. 2. The facility must be designed to be equipped with an anaerobic digester that has a gas storage cover with a design permeability of less than 500 cm3/m2/day/bar. 3. Subject to paragraph 1, if the facility is designed to be equipped with, i. any digestate storage tanks storing liquid digestate, the tanks storing liquid digestate with a total storage volume set out in Column 1 of Table 2 must be located at a distance from the nearest odour receptor that is equal to or greater than the distance set out opposite the volume in Column 2 of that Table, and ii. any digestate storage tanks storing solid digestate, the tanks storing solid digestate with a total storage volume set out in Column 1 of Table 3 must be located at a distance from the nearest odour receptor that is equal to or greater than the distance set out opposite the volume in Column 2 of that Table. 4. Subject to paragraph 1, if the facility is designed to be equipped with flares, they must be located at a distance from the nearest odour receptor that is equal to or greater than the greatest distance at which any digestate storage tank is required to be located from the nearest odour receptor under paragraph 3. 5. The facility must be designed to operate with a minimum average monthly input of five per cent manure.  O. Reg. 359/09, s. 48 (2). (3) Paragraphs 2, 3, 4 and 5 of subsection (2) do not apply if the facility has been designed to minimize the discharge of odour to at least the same extent as if the conditions set out in those paragraphs were met.  O. Reg. 359/09, s. 48 (3). (4) Subsection (2) does not apply in respect of a project mentioned in subsection (1) if, as part of the application for the issue of a renewable energy approval in respect of the renewable energy project, the applicant submits the following reports prepared in accordance with Table 1: 1. Emission summary and dispersion modelling report. 2. Noise study report. 3. Odour study report.  O. Reg. 359/09, s. 48 (4). (5) Subsection (2) does not apply in respect of an odour receptor that did not exist when the person proposing to construct, install or expand a facility mentioned in subsection (1) submitted an application for the issue of a renewable energy approval to the Director.  O. Reg. 521/10, s. 28.
Class 2 anaerobic digestion facilities, financial assurance
 49. (1) If, in the absence of subsection 47.3 (2) of the Act, an environmental compliance approval would be required under the Act to engage in an activity mentioned in subsection 27 (1) of the Act at a Class 2 anaerobic digestion facility, the applicant shall submit, as part of the application for the issue of a renewable energy approval, a financial assurance estimate related to the cost of the removal and disposal of waste from the project location.  O. Reg. 359/09, s. 49 (1); O. Reg. 231/11, s. 1. (2) The financial assurance estimate mentioned in subsection (1) shall be prepared in accordance with the methodology in the Financial Assurance Guideline.  O. Reg. 359/09, s. 49 (2).
Class 3 anaerobic digestion facilities
 50. (1) No person shall construct, install or expand a Class 3 anaerobic digestion facility unless the facility is, (a) designed to be equipped with, (i) an anaerobic digester that has a gas storage cover with a design permeability of less than 500 cm3/m2/day/bar, and (ii) a high efficiency flare system; or (b) designed to minimize the discharge of odour to at least the same extent as if the facility had the characteristics set out in clause (a).  O. Reg. 359/09, s. 50 (1). (2) If, in the absence of subsection 47.3 (2) of the Act, an environmental compliance approval would be required under the Act to engage in an activity mentioned in subsection 27 (1) of the Act at a Class 3 anaerobic digestion facility, the applicant shall submit, as part of the application for the issue of a renewable energy approval, a financial assurance estimate related to the cost of the removal and disposal of waste from the project location.  O. Reg. 359/09, s. 50 (2); O. Reg. 231/11, s. 2. (3) The financial assurance estimate mentioned in subsection (2) shall be prepared in accordance with the methodology in the Financial Assurance Guideline.  O. Reg. 359/09, s. 50 (3). Thermal Treatment Facilities
Thermal Treatment Facilities
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Class 2 thermal treatment facilities
 51. (1) No person shall construct, install or expand a Class 2 thermal treatment facility unless, (a) all biomass storage areas of the facility are located at a distance of at least 250 metres from all odour receptors; and (b) the generating unit of the facility is located at a distance of at least 250 metres from, (i) the noise receptors described in paragraph 1, 2, 3 or 5 of subsection 1 (4), and (ii) the noise receptors described in paragraph 4 of subsection 1 (4) that are specified by the Director in the renewable energy approval. O. Reg. 359/09, s. 51 (1); O. Reg. 521/10, s. 29 (1, 2). (2) Clause (1) (a) does not apply if, as part of an application for the issue of a renewable energy approval in respect of a Class 2 thermal treatment facility, the applicant submits an odour study report prepared in accordance with Table 1.  O. Reg. 359/09, s. 51 (2). (3) Clause (1) (b) does not apply if, as part of an application for the issue of a renewable energy approval in respect of a Class 2 thermal treatment facility, the applicant submits the following reports prepared in accordance with Table 1: 1. Emission summary and dispersion modelling report. 2. Noise study report.  O. Reg. 359/09, s. 51 (3). (4) Subsection (1) does not apply in respect of a noise receptor or odour receptor that did not exist when the person proposing to construct, install or expand a facility mentioned in subsection (1) submitted an application for the issue of a renewable energy approval to the Director.  O. Reg. 521/10, s. 29 (3).
Class 2 and 3 thermal treatment facilities
 52. (1) If, in the absence of subsection 47.3 (2) of the Act, an environmental compliance approval would be required under the Act to engage in an activity mentioned in subsection 27 (1) of the Act at a Class 2 or 3 thermal treatment facility, the applicant shall submit, as part of the application for the issue of a renewable energy approval, a financial assurance estimate related to the cost of the removal and disposal of waste from the project location.  O. Reg. 359/09, s. 52 (1); O. Reg. 231/11, s. 3. (2) The financial assurance estimate mentioned in subsection (1) shall be prepared in accordance with the methodology in the Financial Assurance Guideline.  O. Reg. 359/09, s. 52 (2). Wind Facilities
Wind Facilities
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Class 3, 4 and 5 wind facilities
 53. (1) No person shall construct, install or expand a wind turbine that is to form part of a Class 3, 4 or 5 wind facility unless, (a) the distance between the centre of the base of the wind turbine and any public road rights of way or railway rights of way is equivalent to, at a minimum, the length of any blades of the wind turbine, plus 10 metres; and (b) the distance between the centre of the base of the wind turbine and all boundaries of the parcel of land on which the wind turbine is constructed, installed or expanded is equivalent to, at a minimum, the height of the wind turbine, excluding the length of any blades.  O. Reg. 359/09, s. 53 (1); O. Reg. 521/10, s. 30 (1, 2). (2) Clause (1) (b) does not apply in respect of a boundary of the parcel of land on which the wind turbine is constructed, installed or expanded if the abutting parcel of land on that boundary is, (a) owned by the person who proposes to engage in the renewable energy project in respect of the wind turbine; or (b) owned by a person who has entered into an agreement with the person mentioned in clause (a) to permit the wind turbine to be located closer than the distance specified in clause (1) (b).  O. Reg. 359/09, s. 53 (2). (3) Clause (1) (b) does not apply if, (a) the distance between the centre of the base of the wind turbine and all boundaries of the parcel of land on which it is constructed, installed or expanded is equivalent to, at a minimum, the length of any blades plus 10 metres; and (b) as part of an application for the issue of a renewable energy approval or an environmental compliance approval in respect of the construction, installation or expansion of the wind turbine, the person who is constructing, installing or expanding the wind turbine submits a written assessment, (i) demonstrating that the proposed location of the wind turbine will not result in adverse impacts on nearby business, infrastructure, properties or land use activities, and (ii) describing any preventative measures that are required to be implemented to address the possibility of any adverse impacts mentioned in subclause (i).  O. Reg. 359/09, s. 53 (3); O. Reg. 521/10, s. 30 (3); O. Reg. 231/11, s. 4.
Certain wind turbines, requirement re report
 55.1 (1) If the issue of a renewable energy approval or an environmental compliance approval is required in respect of the construction, installation or expansion of one or more wind turbines mentioned in subsection (2), the person who is constructing, installing or expanding the wind turbine shall submit, as part of the application for the issue of the renewable energy approval or environmental compliance approval, a report prepared in accordance with the publication of the Ministry of the Environment and Climate Change entitled “Noise Guidelines for Wind farms”, dated October 2008, as amended from time to time and available from the Ministry. O. Reg. 97/16, s. 9. (2) The wind turbines referred to in subsection (1) are wind turbines that meet the following criteria: 1. The wind turbine has a name plate capacity of greater than or equal to 50 kW. 2. The wind turbine is not located in direct contact with surface water other than in a wetland. 3. The wind turbine has a sound power level that is less than 102 dBA. 4. The wind turbine has a height, excluding the length of any blades, equal to or greater than 70 metres. O. Reg. 97/16, s. 9. Part VI   POWERS AND Duties of Director
PART VI POWERS AND DUTIES OF DIRECTOR
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Great Lakes Charter
 56. (1) In considering an application for the issue of a renewable energy approval, the Director shall ensure that Ontario’s obligations under the Great Lakes Charter with respect to the application are complied with.  O. Reg. 359/09, s. 56 (1). (2) For the purposes of subsection (1), “Great Lakes Charter” means the Great Lakes Charter signed by the premiers of Ontario and Quebec and the governors of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin on February 11, 1985 and amended by the Great Lakes Charter Annex, dated June 18, 2001.  O. Reg. 359/09, s. 56 (2).
Discretion re reporting requirement
 57. Despite the requirement in Column 2 of Item 6 of Table 1 in respect of an emission summary and dispersion modelling report, the Director may relieve an applicant from the obligation to comply with any provision of subsection 26 (1) of Ontario Regulation 419/05 (Air Pollution – Local Air Quality) made under the Act that is specified by the Director, subject to any conditions specified by the Director, if the Director is of the opinion that compliance with the provision is not necessary to understand the impact of discharges of one or more contaminants.  O. Reg. 359/09, s. 57. Part VI.1   Renewable Energy Approvals — Circumstances in Which issuing prohibited
PART VI.1 RENEWABLE ENERGY APPROVALS — CIRCUMSTANCES IN WHICH ISSUING PROHIBITED
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Application of Part
 57.1 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. 122/19, s. 5.
Demonstration of electricity demand
 57.2 (1) No renewable energy approval shall be issued in respect of a renewable energy project unless the person who proposes to engage in the renewable energy project submits documentation mentioned in subsection (2) to the Director, demonstrating that there is demand for the electricity that is proposed to be generated at the renewable energy generation facility. O. Reg. 122/19, s. 5. (2) For the purposes of subsection (1), the demand for the electricity must be demonstrated by submitting one or more of the following types of documentation: 1. A copy of one or more agreements, entered into for a period of at least 10 years between the person who proposes to engage in the renewable energy project and one or more persons, in respect of the supply of the electricity to be generated at the facility, identifying the amount of electricity that is to be supplied under the agreement. 2. Documentation that establishes that the person who proposes to engage in the renewable energy project proposes to generate the electricity at the facility for their own use. 3. Documentation that establishes that the person who proposes to engage in the renewable energy project has, in respect of the electricity to be generated at the facility, i. entered into a net metering agreement with a distributor, in conformity with Ontario Regulation 541/05 (Net Metering) made under the Ontario Energy Board Act, 1998, or ii. applied to connect the facility for the purposes of entering into a net metering agreement with a distributor or notified the distributor that it wishes to be billed on a net metering basis, in conformity with the regulation mentioned in subparagraph i. 4. A declaration prepared by the person who proposes to engage in the renewable energy project, indicating that the person intends to participate in the IESO-administered markets as a market participant. 5. A declaration prepared by the person who proposes to engage in the renewable energy project, indicating that the person intends to participate in a procurement process established by the Independent Electricity System Operator. O. Reg. 122/19, s. 5. (3) The documentation shall be submitted to the Director as part of the application for the issue of a renewable energy approval or, if the application was submitted before this section came into force, when the documentation has been obtained or prepared. O. Reg. 122/19, s. 5. (4) For greater certainty, this section applies in respect of a decision under subsection 47.5 (1) of the Act to issue a renewable energy approval even if the application for the issue of the renewable energy approval was submitted before this section came into force. O. Reg. 122/19, s. 5.
Class 4 wind facility, LRP process
 57.3 (1) No renewable energy approval shall be issued in respect of a renewable energy project if, (a) the project is in respect of a class 4 wind facility; and (b) the project is or was the subject of a power purchase agreement entered into with the Independent Electricity System Operator as part of the Large Renewable Procurement process and, pursuant to that agreement, the Independent Electricity System Operator has terminated the agreement and issued a stop work notice in respect of the project. O. Reg. 122/19, s. 5. (2) For greater certainty, subsection (1) applies in respect of a decision under subsection 47.5 (1) of the Act to issue a renewable energy approval even if the application for the issue of the renewable energy approval was submitted before this section came into force. O. Reg. 122/19, s. 5.
No conformity with zoning by-laws, orders
 57.4 (1) No renewable energy approval shall be issued in respect of a renewable energy project unless the person who proposes to engage in the renewable energy project submits to the Director written confirmation from the following bodies that the proposed use of land at the project location is not prohibited by a zoning by-law or zoning order under Part V of the
Planning Act: 1. Any local municipality in which the project location is situated. 2. Any planning board that has jurisdiction in an area without municipal organization in which the project location is situated. 3. The Ministry of Municipal Affairs and Housing, if the project location is situated in an area without municipal organization and no planning board has jurisdiction in respect of that location. O. Reg. 122/19, s. 6. (2) The written confirmation described in subsection (1) shall be submitted to the Director as part of the application for the issue of a renewable energy approval or, if the application was submitted before this section comes into force, when the documentation has been obtained. O. Reg. 122/19, s. 6. (3) For greater certainty, this section applies in respect of a decision under subsection 47.5 (1) of the Act to issue a renewable energy approval even if the application for the issue of the renewable energy approval was submitted before this section came into force. O. Reg. 122/19, s. 6. Part VII   Hearings
PART VII HEARINGS
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Date to require hearing
 58. For the purposes of subsection 142.1 (2) of the Act, the prescribed day is the day on which notice of the decision made by the Director under clause 47.5 (1) (a), subsection 47.5 (2) or (3) of the Act is published in the environmental registry established under section 5 of the Environmental Bill of Rights, 1993.  O. Reg. 359/09, s. 58.
Date of deemed confirmation
 59. (1) Subject to subsections (2) and (3), the prescribed period of time for the purposes of subsection 145.2.1 (6) of the Act is six months from the day that the notice is served upon the Tribunal under subsection 142.1 (2) of the Act.  O. Reg. 359/09, s. 59 (1); O. Reg. 333/12, s. 19 (1). (2) For the purposes of calculating the time period mentioned in subsection (1), any of the following periods of time shall be excluded from the calculation of time: 1. Any period of time occurring during an adjournment of the proceeding if, i. the adjournment is granted by the Tribunal on the consent of the parties, or ii. the adjournment is, A. on the initiative of the Tribunal or granted by the Tribunal on the motion of one of the parties, B. not being sought for the purpose of adjourning the proceeding pending the resolution of an application for judicial review, and C. necessary, in the opinion of the Tribunal, to secure a fair and just determination of the proceeding on its merits. 2. If an application for judicial review under the Judicial Review Procedure Act has been commenced with respect to the proceeding, the period of time from the day that the application is commenced until the day that the application is disposed of, if a stay of the proceeding before the Tribunal is granted by the Divisional Court. O. Reg. 359/09, s. 59 (2); O. Reg. 333/12, s. 19 (2, 3). (3) For the purposes of calculating the time period mentioned in subsection (1), if an adjournment of the proceeding pending the resolution of an application for judicial review under the Judicial Review Procedure Act was granted by the Tribunal before the day Ontario Regulation 333/12 made under the Act comes into force, the following periods of time shall be excluded from the calculation of time: 1. The period of time from the day the application was commenced until the day the application was disposed of, if the application was disposed of before the day Ontario Regulation 333/12 made under the Act comes into force. 2. The period of time from the day the application was commenced until the day Ontario Regulation 333/12 comes into force, if the application has not been disposed of before the day Ontario Regulation 333/12 comes into force. O. Reg. 333/12, s. 19 (4).
Exemption, s. 142.1 of the Act
 60. Section 142.1 of the Act does not apply in respect of a renewable energy approval if the conditions set out in subclause 176 (9.1) (b) (i), (ii) or (iii) of the Act are met.  O. Reg. 359/09, s. 60. Part VIII   Transition
PART VIII TRANSITION
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Definitions
 61. In this Part,  “pre-2011 Regulation” means this Regulation as it read on December 31, 2010. “pre-2012 Regulation” means this Regulation as it read on December 31, 2011. “pre-2016 Regulation” means this Regulation as it read on December 31, 2015.  O. Reg. 521/10, s. 34; O. Reg. 195/12, s. 23; O. Reg. 97/16, s. 10.
Transition, Part IV and Table 1, projects commenced before 2011
 62. (1) This section applies in respect of a person who proposes to engage in a renewable energy project who distributed on or before December 31, 2010, in respect of that project, (a) a notice mentioned in clause 15 (1) (a); and (b) if section 16 applies in respect of the person, a notice mentioned in clause 15 (1) (b) in respect of the first public meeting held under section 16.  O. Reg. 195/12, s. 24. (2) Subject to sections 62.1, 62.2 and 62.3, a person mentioned in subsection (1) is subject to the following rules: 1. Sections 13 to 16 and 17 to 32 of the pre-2011 Regulation and Table 1 of the pre-2011 Regulation continue to apply, and those portions of this Regulation do not apply. 2. References to the following portions of this Regulation in Part I, II, III, V, VI or VII or section 12 or 16.0.1 of this Regulation are deemed to be references to those portions of the pre-2011 Regulation: i. Sections in Part IV, other than sections 12 and 16.0.1. ii. Items in Table 1. 3. Subject to sections 63, 64 and 64.1, references to the following portions of the pre-2011 Regulation in sections 13 to 16 and sections 17 to 32 of the pre-2011 Regulation and in Table 1 of the pre-2011 Regulation are deemed to be references to those portions of this Regulation: i. Sections in Part I, II, III, V, VI or VII. ii. Section 12.  O. Reg. 195/12, s. 24.
Election re ss. 23.1 and 28 of pre-2012 Regulation
 62.1 (1) A person mentioned in subsection 62 (1) may elect to have sections 23.1 and 28 of the pre-2012 Regulation apply in respect of the renewable energy project by giving notice of the election to the Director as part of the application for the issue of a renewable energy approval.  O. Reg. 195/12, s. 24. (2) If a person makes an election under subsection (1), the person is subject to the following rules: 1. Sections 23.1 and 28 of the pre-2012 Regulation apply and section 28 of the pre-2011 Regulation does not apply. 2. References to sections 23.1 and 28 in Part I, II, III or VII or section 12 of this Regulation are deemed to be references to those sections in the pre-2012 Regulation. 3. References to section 28 in sections 13 to 16, 17 to 27 and 29 to 32 of the pre-2011 Regulation are deemed to be references to section 28 in the pre-2012 Regulation.  O. Reg. 195/12, s. 24.
Election re other portions of pre-2012 Regulation
 62.2 (1) Subject to subsection (2), a person mentioned in subsection 62 (1) may elect to have one or more portions of Part IV of the pre-2012 Regulation or of Table 1 of the pre-2012 Regulation apply, by giving written notice to the Director of his or her election as part of the application for the issue of a renewable energy approval.  O. Reg. 195/12, s. 24. (2) No election may be made under subsection (1) in respect of section 12, 23.1 or 28 of the pre-2012 Regulation.  O. Reg. 195/12, s. 24. (3) The notice of election under subsection (1) must identify the portions to which the election applies.  O. Reg. 195/12, s. 24. (4) If a person makes an election under subsection (1), the person is subject to the following rules: 1. The portions of Part IV of the pre-2012 Regulation or Table 1 of the pre-2012 Regulation that are identified in the notice apply, and the corresponding portions of the pre-2011 Regulation do not apply. 2. References in Part I, II, III or VII or section 12 of this Regulation to the identified portions in Part IV of the pre-2011 Regulation and Table 1 of the pre-2011 Regulation are deemed to be references to those portions of the pre-2012 Regulation. 3. References to the identified portions in Part IV of the pre-2011 Regulation and Table 1 of the pre-2011 Regulation, other than section 12, are deemed to be references to those portions of the pre-2012 Regulation.  O. Reg. 195/12, s. 24.
Election for the application of Part IV
 62.3 A person mentioned in subsection 62 (1) may elect to have Part IV and Table 1 apply by giving written notice to the Director of his or her election as part of the application for the issue of a renewable energy approval.  O. Reg. 195/12, s. 24.
Transition, Part IV and Table 1, projects commenced after December 31, 2010
 62.4 (1) This section applies in respect of a person who proposes to engage in a renewable energy project if, (a) the person distributed a notice mentioned in clause 15 (1) (a) in respect of the project after December 31, 2010 and on or before the day Ontario Regulation 195/12 made under the Act comes into force; and (b) one of the following circumstances applies: (i) section 16 applies in respect of the person and a notice mentioned in clause 15 (1) (b) in respect of the first public meeting held under section 16 is distributed on or before the day Ontario Regulation  195/12 made under the Act comes into force, (ii) section 16 does not apply in respect of the person and drafts of the documents identified in paragraphs 1 and 2 of subsection 18 (2) are distributed to the persons identified in subsection 18 (1) on or before the day Ontario Regulation  195/12 made under the Act comes into force.  O. Reg. 195/12, s. 24. (2) Subject to subsection (3), a person mentioned in subsection (1) is subject to the following rules: 1. Sections 15 and 16 and 17 to 23 of the pre-2012 Regulation and Table 1 of the pre-2012 Regulation continue to apply and those portions of this Regulation do not apply. 2. References to the following portions of the pre-2012 Regulation in Part I, II, III, V, VI or VII or section 16.0.1 of this Regulation are deemed to be references to those portions of the pre-2012 Regulation: i. Sections in Part IV, other than section 16.0.1. ii. Items in Table 1. 3. Subject to section 64.1, references to the following portions of the pre-2012 Regulation in sections 15, 16 and 17 to 23 of the pre-2012 Regulation and Table 1 of the pre-2012 Regulation are deemed to be references to those portions of this Regulation: i. Sections in Part I, II, III, V, VI or VII. ii. Section 16.0.1.  O. Reg. 195/12, s. 24. (3) A person mentioned in subsection (1) may elect to have Part IV and Table 1 apply by giving written notice to the Director of his or her election as part of the application for the issue of a renewable energy approval.  O. Reg. 195/12, s. 24.
Transition, definition of “woodland”
 63. (1) If a person who proposes to engage in a renewable energy project has distributed a notice mentioned in subsection 15 (1) on or before December 31, 2010, the definition of “woodland” as it read in the pre-2011 Regulation continues to apply to all references to “woodland” in this Regulation.  O. Reg. 521/10, s. 34. (2) Despite subsection (1), a person referred to in that subsection may elect to have the definition of “woodland” in subsection 1 (1) of the pre-2016 Regulation apply to all references to “woodland” in this Regulation by giving notice of his or her election to the Director as part of an application for a renewable energy approval.  O. Reg. 521/10, s. 34; O. Reg. 195/12, s. 25; O. Reg. 97/16, s. 11 (1). (3) If a person other than a person described in subsection (1) has submitted an application for a renewable energy approval on or before April 30, 2016, the definition of “woodland” as it read in the pre-2016 Regulation continues to apply to all references to “woodland” in this Regulation. O. Reg. 97/16, s. 11 (2).
Transition, s. 1 (4)
 64. A person who proposes to engage in a renewable energy project and has distributed a notice mentioned in subsection 15 (1) on or before December 31, 2010 may elect to have paragraph 4 of subsection 1 (4) as it read in the pre-2011 Regulation continue to apply to all references to paragraph 4 of subsection 1 (4) of this Regulation by giving notice of his or her election to the Director as part of an application for a renewable energy approval.  O. Reg. 521/10, s. 34; O. Reg. 195/12, s. 26.
Transition, s. 1 (6)
 64.1 Subsection 1 (6) of the pre-2012 Regulation continues to apply to a person who proposes to engage in a renewable energy project if, on or before the day Ontario Regulation 195/12 made under the Act comes into force, the person, (a) distributes a notice mentioned in clause 15 (1) (b) in respect of the final public meeting held under section 16 in respect of the project, if section 16 applies in respect of the person; or (b) submits an application for the issue of a renewable energy approval to the Director in respect of the project, if section 16 does not apply in respect of the person.  O. Reg. 195/12, s. 27.
(reports (see section 13))
nan
(distance for liquid digestate storage (see sections 47 and 48))
nan
(distance for solid digestate storage (see sections 47 and 48))
nan