Heritage assessment
 23. (1) Subject to subsections (2) and (5), a person who proposes to engage in a renewable energy project shall ensure that a heritage assessment is conducted, consisting of the following steps: 1. Conduct an investigation, including historical research and visual inspection, to determine whether, i. there is potential for the presence of a heritage resource at the project location on any part of the project location that is not on a property described in Column 1 of the Table to section 19, and ii. any properties described in Column 1 of the Table to section 19 abut the parcel of land on which the project location is situated. 2. If the determination under subparagraph 1 i is that there is potential for the presence of a heritage resource, confirm the presence or absence of a heritage resource by applying the criteria set out in Ontario Regulation 9/06 (Criteria for Determining Cultural Heritage Value or Interest) made under the Ontario Heritage Act. 3. Evaluate the impact of engaging in the renewable energy project on the heritage attributes of any heritage resources at the project location and on any abutting properties described in subparagraph 1 ii and provide recommendations for measures to avoid, eliminate or mitigate the impact if, i. the determination under subparagraph 1 ii is that there are abutting properties as described in that subparagraph, or ii. the presence of a heritage resource at the project location is confirmed under paragraph 2.  O. Reg. 195/12, s. 15 (1). (2) Subsection (1) does not apply if the person determines that, (a) there is low potential for the presence of a heritage resource at the project location after considering the potential, which consideration must include completion of the document entitled, “REA Checklist: Consideration of Potential for Heritage Resources”, as amended from time to time, available from the Ministry of Tourism, Culture and Sport; and (b) there are no properties described in Column 1 of the Table to section 19 that abut the parcel of land on which the project location is situated.  O. Reg. 195/12, s. 15 (1). (2.1) A person who is subject to subsection (1) shall submit a heritage assessment report to the Ministry of Tourism, Culture and Sport, consisting of, (a) a summary of the qualifications and experience of the persons who conducted the assessment and prepared the report; (b) a summary of the process followed in each applicable step of the heritage assessment and the conclusions reached at the end of each step; (c) a description of any documents used to conduct the assessment; (d) a statement of cultural heritage value or interest for each confirmed heritage resource, including a description of the heritage attributes; (e) maps or diagrams depicting the project location, the renewable energy generation facility and any heritage resources and protected properties identified as a result of assessment; and (f) the recommendations of the persons who conducted the assessment for measures to avoid, eliminate or mitigate the impact on heritage resources.  O. Reg. 195/12, s. 15 (1). (3) As part of an application for the issue of a renewable energy approval, a person to whom this section applies shall submit, (a) written comments provided by the the Ministry of Tourism, Culture and Sport in respect of any heritage assessment conducted under this section; and (b) any heritage assessment reports prepared under this section.  O. Reg. 359/09, s. 23 (3); O. Reg. 195/12, s. 15 (2, 3). (4) For the purposes of this section, “heritage attributes” has the same meaning as in section 1 of the
Ontario Heritage Act.  O. Reg. 195/12, s. 15 (4). (5) This section does not apply 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. 15 (4). Natural Heritage