Toronto: On November 2, the Ministry of the Environment filed regulatory amendments to change the Renewable Energy Approval regulations. The changes are intended to provide greater flexibility to respond to public concern and studies, better align requirements with the environmental impact of projects, improve public transparency, and maintain the original intent of a streamlined regulatory process.
The amendments are in part a response to the Ministry of Energy’s Feed-in Tariff Program Two-Year Review Report released in March. The report contained six strategic areas of recommendations, including one to “Streamline Processes and Create Jobs”. It recommended that regulatory ministries should reduce duplication, improve service standards and streamline the process and that these changes could shorten the environmental approval process.
A bulletin released by Torys LLP on November 30 said, “These amendments make the following changes, among other things:
• They crystallize the noise receptor locations identified in a project proponent’s draft site plan, provided that the proponent submits its REA application within 18 months of the date that the first draft site plan was published. (The period has been extended from six months, but the Ministry of the Environment’s [MOE’s] discretion to grant an extension has been removed.)
• They significantly limit the ability of the Environmental Review Tribunal (ERT) to “stop the clock” on the prescribed six-month timeline for a REA appeal. Previously, the ERT could adjourn the proceedings, pending the resolution of a related application for judicial review. The Divisional Court may still stay REA appeal proceedings, and the ERT may still adjourn the proceedings if both parties consent or if necessary to secure a fair and just determination on the merits.
• They revise certain requirements of the Natural Heritage Assessment process, including by authorizing the construction, installation or expansion of a transmission or distribution line, or the expansion of an existing transformer station, distribution station or transportation system, within provincially significant southern and coastal wetlands if, among other things, an environmental impact study report is prepared in accordance with Ontario’s Ministry of Natural Resources’ Natural Heritage Assessment Guide.
For more information, please see "Amendments to O. Reg. 359/09.”
The amendments affect O. Reg. 359/09 under the Environmental Protection Act. A decision notice with regard to the regulatory amendments can be found on the Environmental Registry by searching for decision notice #011-6509 or clicking on the link at:
— Parts of the above text are used with permission from Torys LLP. ©2012 Torys LLP.