Green Energy Act

Ontario’s Green Energy Act (GEA), and related amendments to other legislation, received Royal Assent on May 14, 2009. The intention of the GEA is to boost investment in renewable energy projects and increase conservation, creating green jobs and economic growth to Ontario. Regulations and other tools needed to fully implement the legislation continue to be introduced. AMO continues to seek solutions to ensure that the implementation of the Act is feasible, practical, and affordable.  AMO Documents AMO’s Written Submission to the Standing Committee on General Government (April 16, 2009) Letter from President Hume on Removing Local Barriers to Renewable Energy Installations: Proposed Regulation (EBR Registry Number: 010-6455)

Green Energy Act Links

• Green Energy Act, 2009
• Ministry of Energy and Infrastructure’s Green Energy Act page
• Renewable Energy Facilitation Office (REFO)
• Ministry of Environment’s Provincial approvals for Renewable Energy Projects guide

Regulations Under the Green Energy Act

• Designations Re Section 5 of the Act [O. Reg (15/10)] - eliminates a patchwork of local approval requirements by designating the following priority renewable energy projects and sources under the GEA:
  • roof or wall mounted solar photovoltaic (PV) systems;
  • roof or wall mounted solar thermal systems that heat air;
  • roof or wall mounted solar thermal water systems that heat water; and
  • ground source heat pumps.

The new regulation eliminates a range of local approval requirements that could previously restrict the installation of renewable energy projects. Some examples of municipal by-laws and other restrictions that may no longer act as barriers to such projects include:

AMO’s Energy Task Force worked with the province to ensure that certain local requirements (e.g. property standards bylaws) and Provincial Acts related to health, safety, heritage, and environmental concerns remain in effect.  This includes bylaws, instruments and other restrictions that relate to the four classes of matters below:

1. The prevention of injury to or the destruction of trees.
2. The protection of groundwater. 
3. The designation and protection of properties, and other matters under Ontario Heritage Act.
4. Any activity or matter that is the subject of a regulation made by a conservation authority under parts of the Conservation Authorities Act.

Municipal Consultation

• Renewable Energy Approval Consultation Form
  
  Proponents are required by regulation (under ss. 18(2) Ontario Regulation 359/09) to circulate the consultation form to the clerk of every municipality where the project location is situated. Proponents must also circulate the consultation form to Local Roads Board and Local Service Board. The Municipal Consultation Form will address matters relating to municipal or local infrastructure and servicing. Proponents must also show how they addressed municipal or local authority concerns or why they were unable to do so.

In addition, proponents must undertake the following requirements for public consultation:

• At least two community meetings are required for each municipality
• The project developer will also provide documentation of all community consultation efforts and explain how issues raised during the community consultation were addressed
• Studies and reports must be made publicly available 60 days before final public meeting.  Municipality will receive 90 days before final public meeting
• Through guidance, province will encourage early and often consultation with local community and municipality

For more information contact the Green Energy Unit of the Ministry of the Environment.

Wind Turbines

AMO has compiled Ontario-based research efforts on wind turbines and their alleged health impacts to help provide a resource for municipalities dealing with a potential wind project in their area. While by no means exhaustive, the following studies provide a good overview of local investigations to date.

The review of existing scientific evidence on the potential health impact of noise generated by wind turbines technical working group led by the Chief Medical Officer of Health (CMOH) can be found here.

The presentation by Dr. Ray Copes, MD, MSc, and Dr. Karen Rideout, MSc of the  National Collaborating Centre for Environmental Health entitled Wind Turbines and Health : A Review of Evidence can be downloaded here. 

Finally, the presentation from Acting MOH, Chatham-Kent Dr. David Colby MSc, MD, FRCPC to the Clean Air Partnership (CAP) on July 6, 2010, is an excellent summary of the research to date.
   

Please contact Energy Services Coordinator Scott Vokey at svokey@amo.on.ca if you have any additional resources for inclusion on this page or if you have a best practice case study to share.