The Ontario government has published amendments to the
Renewable Energy Approvals Regulation (O. Reg. 359/09) that will
take effect on January 1, 2011. We reported on an earlier version
of the proposed amendment in an October blog posting.
The most significant changes in the amended regulation concern
noise receptors and setback requirements for wind faculties. As a
result of the amendments, the term "overnight
accommodation" in the definition of noise receptors will be
replaced with a definition of "dwelling" based on the
definition in the Building Code. The definition of
"dwelling" was also modified by replacing the words
"intended to be used" with "capable of being
used".These changes appear to set a higher threshold for what
structures qualify as a dwelling.
The well-publicized 550 metre wind turbine setback prohibitions
in the original regulation required proponents to consider all
noise receptors at the time of construction and did not contemplate
that the surrounding conditions could change between the time of
approval and time of construction. This created uncertainty for
proponents as they could not necessarily rely upon an approval as
compliance with the setback requirement at the time of
construction. This concern has been addressed by these amendments,
which only require proponents to consider noise impacts to
surrounding noise receptors that existed as of the date the
location of the facility was made public.To allow the MOE to assess
the cumulative impacts of the facility, the amended regulation will
also require proponents to consider all existing and publicly known
projects in the surrounding area when complying with the noise
setback requirements and determining a site plan.
Other changes under the amendments affect the public
notifications required for renewable energy projects and revise the
requirements for municipal consultations.
A summary of the changes
has been posted on the environmental registry.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Government of Alberta recently announced a number of policy changes that will impact the Alberta Electricity Market, composed of its generators, transmitters, distributors, retailers, electricity consumers and wholesale electricity market.
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