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Renewable Energy Approvals regulations amended again

The Ontario Ministry of the Environment has made more amendments to O. Reg. 359/09, the Renewable Energy Approvals Regulation. As a result of concerns raised during the last round of amendments (July 1), these amendments focus on:

Re-issuance of draft site plans to reflect changes to the location of wind turbines

As proposed, O. Reg. 359/09 has been amended to:

These amendments will provide flexibility for proponents to respond to issues raised by the public, municipalities and Aboriginal communities during consultation or as a result of project studies conducted in the course of preparing the REA application. Additionally, while proponents are not required to consider new noise receptors when re-issuing draft site plans for the purposes of the setback prohibitions (i.e. minimum 550 m noise setback), they must still comply with the ministry’s noise guidelines/limits. The amendments also provide greater public transparency through the notification and report availability requirements and removal of the Director discretion extension process.

“Stopping the clock” for judicial review

O. Reg. 359/09 has been amended to remove the ERT’s ability to stop the clock by granting an adjournment pending judicial review, and to restart the six-month “clock” for any proceedings that were adjourned for this reason.

The Divisional Court would retain the ability to stay proceedings and the ERT would retain the ability to adjourn proceedings (and extend the deadline) where the adjournment was on consent of the parties or necessary to secure a fair and just determination on the merits; and in each case the stay or adjournment would stop the clock.

Natural Heritage Amendments

On this highly contentious issue, O. Reg. 359/09 has been amended to:

Sections 1, 26, 27, 37, 38, 41 and 43 have been amended.

The amending regulation was filed with the Registrar of Regulations as Ontario Regulation (O. Reg. 333/12) on November 2, 2012. The regulatory amendments come into force on November 2, 2012.

 

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