Renewable Energy Development:

Transcription

1 Renewable Energy Development: A Guide for Municipalities A publication of: The Renewable Energy Facilitation Office, Ministry of Energy Disclaimer: This document is to be used for informational purposes only and is not to be relied upon as legal advice. The contents may be subject to change without notice.

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3 CONTENTS 1. Introduction How to use this guide Renewable energy development in the municipal context The FIT program and renewable energy 3 2. The regulatory process The Planning Act exemption Renewable energy projects and the REA Municipalities and the REA Consultation Process Flowchart Notification to the municipality Formal consultation steps Finding REA information on line Municipal consultation form Aboriginal consultation Draft site plan Protection of natural heritage Protection of archaeological and cultural heritage resources Land use and the REA The REA and health and safety Decommissioning REA Decision REA Appeals Meaningful consultation Other approvals Environmental Assessment for Waterpower (Ministry of the Environment - MOE) Crown land Various Approval and Permitting Requirements Access to Crown lands Approval and Permitting Requirements Document (APRD) Nutrient Management Act, 2002 (NMA) Roads and Transportation (Ministry of Transportation - MTO) Building Codes and Building Permits Additional municipal permits and agreements Federal Requirements Small projects 22

4 CONTENTS 3. Municipal Considerations Municipal by-laws Municipal Costs and Fees Agreements Project review and consultation Use of municipal services and infrastructure Payments in lieu of taxes Property taxes Property values Application of municipal by-laws to renewable energy projects The Green Energy Act, the Provincial Policy Statement and the protection of provincial land use planning interests Wind Turbines and concern over health impacts Key legislative references Opportunities for Municipal Leadership in Projects Potential for municipal renewable energy projects Benefits for communities Economic benefits Environmental benefits Get involved! Renewable energy technologies Ontario s FIT Program The Feed-in-Tariff (FIT) Eligibility Offshore wind Land use restriction Domestic content requirement FIT contracting process After Receiving a FIT Contract microfit Program Aboriginal and Community-Based Project Incentives Community Energy Partnerships Program Aboriginal Energy Partnerships Program Aboriginal Loan Guarantee Program Non-FIT renewable energy development Earlier green energy initiatives The Green Energy Investment Agreement Procurement contracts 45

5 CONTENTS 7. Ontario s electricity system Grid connection Distribution Transmission System constraints FIT and grid capacity Capacity allocation exemption Impact assessment Connection Impact Assessment (distribution connected projects) System Impact Assessment (transmission connected projects/over 10 MW) Useful contacts List of key terms and acronyms 55

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7 1. Introduction Ontario is at the forefront of the growing clean energy movement occurring worldwide. The Green Energy Act (GEA) is sparking growth in clean and renewable sources of energy such as wind, solar, hydro, and bioenergy, and a series of conservation measures in the GEA are providing incentives to reduce energy use. Across Ontario the GEA is helping establish a growing industry that is attracting investment and creating high quality jobs. A central component of the GEA initiative is the introduction of a province-led approval process for renewable energy projects with transparent and consistent standards. As a result of the new approvals framework, most renewable energy projects are now subject to the Renewable Energy Approval 1 (Ontario Regulation 359/09)(REA). The REA establishes clear, consistent rules and standardized technical requirements across the province. The GEA is an important component of Ontario s Long Term Energy Plan, updated in fall, Ontario requires the right combination of assets to ensure a balanced supply mix that is reliable, modern, clean and cost-effective. As part of a reliable network, the system needs both small and large generators. Ontario is also planning for future energy generation that will focus on efficient, localized generation from smaller, cleaner sources of electricity rather than exclusively from large, centralized power plants transmitting power over long distances. Renewable energy wind, solar, hydro, and bioenergy is an important part of the supply mix. Once the initial investment is made in equipment and infrastructure, fuel cost and greenhouse gas emissions are zero or very low. Renewable energy makes it possible to generate electricity in urban and rural areas where it was not feasible before. Municipalities are key partners in helping Ontario become a clean energy leader. The municipal role in renewable energy development can include participating as a developer, encouraging projects for economic development purposes, establishing renewable energy policies and targets, providing comments and input on project design via the consultation process, authorizing the use of municipal property, entering into agreements with developers and enacting by-laws affecting projects, or any combination of these roles. This guide is intended to help municipalities understand the renewable energy development process, with particular attention paid to the rights, responsibilities and opportunities for municipalities to be meaningful participants in development. 1 Note that the REA is not required for all renewable energy projects. For instance, the Class Environmental Approval for Waterpower is required for most water power projects while the Federal Environmental Approval applies to certain renewable energy projects, as well as or instead of the REA. However, since the REA is the key approval that applies to most projects, the following Sections focus on the REA. Further information about the other approvals is provided in Section

8 1. Introduction 1.1. How to use this guide This guide can be used as a reference tool for municipalities seeking information on a specific question, or can be read in its entirety. Section 2 sets out an overview of the regulatory process that applies to renewable energy projects. Section 3 addresses key municipal considerations and can be used as a stand-alone reference if desired. Section 4 provides municipal renewable energy success stories. Sections 5-7 provide wide-ranging background information setting out the key features of Ontario s energy system and the Feed-in Tariff program in order to assist municipalities in understanding the renewable energy development process as a whole. Section 8 provides a set of web links and references that may be useful for municipalities seeking to learn more. In addition, a list of key terms is included in Section 9. This guide will be updated to reflect program changes Renewable energy development in the municipal context Ontario s electricity system is complex. To help clarify the role of municipalities in renewable energy development it is useful to understand not only how the environmental permitting system works, but also, how the Feed In Tariff (FIT) program works and how space is allocated on the electrical system. Since the Renewable Energy Approval (REA) process replaces previous legislation that governed the approval of renewable energy projects, including the Planning Act, municipalities now play a different role in relation to renewable energy projects. With this change, municipalities may be wondering how to respond to public inquiries about renewable energy development, and how to best ensure that they recover any costs they face that may be related to renewable energy development. In addition, municipalities now have the opportunity to own renewable energy projects directly. These issues, and others of particular concern to municipalities, are discussed in detail in Section 3. 2

9 1. Introduction 1.3. The FIT program and renewable energy Ontario s Feed In Tariff (FIT) encourages renewable energy generation from wind, solar, water and bioenergy by offering long term contracts for electricity produced from renewable sources. Most new renewable energy generation in Ontario built from 2010 onwards will have a FIT contract. However, the award of a FIT contract to a developer does not mean that the project is a done deal. A FIT contract is a contract to purchase the power generated by the proposed project. A developer must also meet many other requirements before construction can begin on a renewable energy project, including: Environmental approval for most wind, solar PV and bio-energy projects, this means a REA and for hydro projects, it means a Class EA for Waterpower (see Section 2.3.1) Impact assessments (see Section 7.7) A building permit (see Section 2.3.5) Other necessary permits, which could include federal, provincial and municipal approvals (see Section 2.3) 3

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11 2. The regulatory process Because renewable energy development often involves changes and impacts to natural and cultural environments, a project may require approval by a number of bodies at federal, provincial and municipal levels. However, not all regulations will apply to each project. While requirements vary by project, they all involve rigorous assessment of the project s impact on human health, safety, the natural environment and the surrounding community and infrastructure. In all cases, it is the project developer s responsibility to ensure that all regulatory requirements are met. A FIT project cannot be built until it meets all key regulatory requirements. Typically, once a FIT contract is received, the developer will begin designing the project to meet applicable requirements most often, the environmental standards and consultation requirements set out in the REA regulation (Ontario Regulation 359/09). The following section sets out a summary of the key points a municipality should know about the REA and other major regulatory approvals, and what to expect if a renewable energy project comes to the community. This section will address the following topics: An overview of the REA process focusing on the municipal consultation process and how the developer will interact with the municipality How to find REA information online How to appeal a REA decision Other types of approvals that might apply to renewable energy projects 2.1. The Planning Act exemption Since the passage of the GEA, renewable energy projects are subject to a provincial-led approval process and are exempt from much of the Planning Act. The exemption from the Planning Act means that the following local planning instruments do not apply to or affect renewable energy projects: Official Plans Demolition Control By-laws By-laws or Orders passed under Part V of the Planning Act, including zoning, site plan, holding and interim control by-laws Development Permit System By-laws Site plan and other agreements existing prior to the GEA continue to apply to renewable energy projects until they are subject to a REA. In addition, renewable energy projects that propose the creation of new lots, or require land leases longer than 50 years, continue to be subject to the land division process under the Planning Act. 5

12 2. The regulatory process 2.2. Renewable energy projects and the REA The REA applies to most renewable energy projects above a certain size. Waterpower projects do not require a REA. A developer does not need a FIT contract before applying for the REA. However, since the developer cannot sell power from the project without a FIT contract, developers are less likely to undertake the REA process before they have received a FIT contract. To check whether a project has a FIT contract, see the Ontario Power Authority (OPA) website at (see the Program Updates section) or call REFO at the contact numbers listed at the end of this document (see Section 8). Only once a project has a FIT contract, a REA (or equivalent), a building permit, and any other necessary approvals can the developer move ahead and build the project: Developing a renewable energy project under the Renewable Energy Approval from start to finish Step One Step Two Step Three Pre-REA Planning a) Developer finds potential project location and creates initial project plan. b) Developer is encouraged to contact local stakeholders, including municipalities, and discuss the planned project to get feedback on the proposal. c) Developer finalizes location. d) Developer applies for FIT contract. e) If the project meets the necessary requirements, including available capacity, a FIT contract is offered. f) Developer accepts FIT contract. g) Developer finalizes grid connection plans with the applicable distributor/transmitter. Developer provides copy of draft Project Description Report to MOE and obtains list of Aboriginal communities to be consulted throughout the REA process. Developer initiates REA consultation process and provides notification of the project and of an initial public meeting to municipal stakeholders, Aboriginal communities and 6

13 2. The regulatory process the general public at least 30 days in advance of initial public meeting. Developer begins Aboriginal consultation process. Developer provides municipal consultation form and draft Project Description Report to the municipality at least 30 days before initial public meeting, and draft Project Description Report online and in paper copies to the public and Aboriginal communities. Step Four Step Five Step Six Developer initiates any other relevant approval processes (e.g. federal approvals, MNR Species at Risk work, etc.) Developer holds first public meeting at least 30 days after providing notice. Developer, taking feedback from initial meeting into account, begins refining project plans and doing studies to ensure that the project meets health, environmental and safety standards. Developer contacts the municipality (and others) to gather information about a) natural heritage features and water bodies near the project location and b) cultural heritage and archaeological records (developers are strongly encouraged to initiate this contact as early as possible in the development process, ideally at Step Two). Consultation with all stakeholders continues on an ongoing basis throughout the project design process. Step Seven Step Eight Step Nine Wind project developers may publish a draft site plan by providing notification of the proposed turbine layout to municipal stakeholders, Aboriginal communities and the general public. Developer provides a copy of all draft reports and studies (except the Consultation Report) to the municipality at least 90 days in advance of the final public meeting. Developer provides copies of all draft reports, studies and MNR and MTC confirmation letters (except the Consultation Report) online and in paper copies for public review at least 60 days in advance of the final public meeting. 7

14 2. The regulatory process Step Ten Step Eleven Step Twelve Step Thirteen Step Fourteen Developer holds final public meeting and will, if necessary, revise its draft reports in preparation for making its application for the REA. REA application is submitted and, if complete, accepted by the MOE. MOE commences technical review and posts notice of the application on the EBR for additional comment for a period of 30 days. Within 10 days of the EBR notice, the developer must post all application materials on its website until MOE makes its decision. The developer must also publish notice of its application in a newspaper. MOE provides REA decision to developer if approved, with any conditions that may apply. The applicant or a third party may appeal the REA decision to the Environmental Review Tribunal within 15 days of the issuance of the decision notice. Post-REA Approval a) Developer receives notice to proceed from OPA. b) Developer obtains all other necessary regulatory and electrical approvals. c) Developer obtains building permit from municipality. d) Developer constructs project. e) Project starts commercial operation Municipalities and the REA Applying for an environmental approval such as the REA is part of the design process the developer must design the project to conform to the standards set out in Ontario Regulation 359/09 before it will be able to complete the REA application. Under the REA, municipalities play a role as stakeholders via municipal and public consultation. While consultation includes a number of formal steps, the province expects developers to understand that consultation, including municipal consultation, can occur at any point in the process before the developer finalizes its application, through letters, phone calls, s, meetings, and the like. Opportunities for comment are not limited to the municipal consultation form. All comments, and the developer s responses to these comments, must be documented and included in the developer s Consultation Report as part of the REA complete submission package. 8

15 2. The regulatory process The content and quality of municipal consultation will be assessed by the Environmental Assessments and Approvals Branch of the Ministry of the Environment (MOE). Applicants are required to address municipal considerations, as appropriate, during the planning process and prior to submitting the REA application. Where a municipality has raised concerns and the developer has not addressed these concerns in its project design, MOE may request further clarification from the developer regarding how the concern will be addressed or a rationale as to how the concern was considered by the developer. Where a developer has not met the consultation requirements of the REA, MOE has the authority to return the application until the requirements are met or issue conditions for approval. Municipalities are encouraged to explore the possibility of entering into agreements with developers in order to clarify expectations and responsibilities around costs related to the renewable energy project. While an agreement of this nature is not required for the developer to receive REA approval, the developer may include details about such an agreement in its REA Consultation Report (see Section 3.2.1) Consultation Process Flowchart This flowchart shows the consultation steps that a developer must carry out and the timelines it must meet in order to be able to receive a REA. These steps are explained in further detail below. Notice of Project or Notice of First Public Meeting REA Timelines Draft project description report made available Municipal Consultation Form To Municipality First Public Meeting All draft reports made available to municipality (except Consultation Report) Notice of Final Public Meeting. All draft reports made available (except Consultation Report) Final Public Meeting Developer revises and submits REA application REA Application accepted and posted on the EBR for 30 days Notice of Application published. All reports posted on developer s website REA decision issued 30 Days 60 Days 90 Days 10 Days 6 months Aboriginal Consultation (continuous from an early stage in the project) Additional Public Meetings (if required) ongoing ongoing 9

16 2. The regulatory process Notification to the municipality Developers are encouraged to reach out to municipalities early and often in the development process and to pre-consult with municipal staff and/or Councils (both upper and lower tier in two-tier municipal structures) well in advance of holding their first public consultation. This allows the municipality to be fully informed of their projects and can help prepare the municipality to provide information or answer questions from the general public. Developers must also meet mandatory notification requirements to ensure that municipalities are aware of their project plans: Developers must provide notice of each project by mail to the municipal authorities that have jurisdiction in the area where the project is situated. This can include, as applicable: (a) the clerk of each local municipality and upper-tier municipality; (b) the secretary-treasurer of each local roads board; (c) the secretary of each Local Services Board; (d) the secretary-treasurer of a planning board that has jurisdiction; and the chair of the Niagara Escarpment Commission, as well as to landowners located near the project and Crown-identified Aboriginal communities; and Developers must publish notice of each project on at least two separate days in a newspaper with general circulation in each municipality where the project is situated Formal consultation steps At a minimum, developers must hold two public meetings to provide the general public with information about their project and to gather feedback that will be incorporated into the final project design. Municipalities are encouraged to participate in these meetings to learn more about local projects and if they wish, to provide input on considerations that do not form part of the formal municipal consultation. 10

17 2. The regulatory process At least 30 days prior to the first public meeting, the developer must: 1. Provide notice of the meeting in local newspapers. 2. Provide written notice to: a. The municipal authorities that have jurisdiction in the area where the project is situated (see Section above); b. Every assessed owner of land within 550m of the project location for Class 3, 4 and 5 wind facilities; or within 120m for all other types of facilities and to every assessed owner of land abutting the project location if they are not captured by the distances above; c. Every Aboriginal community on list provided by MOE; and d. MOE. 3. Post its draft Project Description Report on its website, and provide a copy to each Aboriginal community on the list provided by MOE as well as any other that may have an interest in the project, and make a copy available in each municipality where the project is located. At least 90 days prior to the final public meeting, the developer must provide a copy of all draft reports (but not the Consultation Report or sign-off letters from the Ministry of Natural Resources (MNR) and the Ministry of Tourism and Culture (MTC)) to the municipality. At least 60 days before the final public meeting, the developer must provide notice of the meeting in local newspapers and make drafts of all draft reports available for review by the public (except the Consultation Report). The developer must post the draft reports on its website and make hard copies available at local venues (such as a public library, local municipal office, etc). For small projects such as Class 1 and 2 thermal treatment and anaerobic digesters, where no public meetings are required, draft reports must be given to each municipality in which a project is located, Aboriginal communities on the list obtained from MOE, and if applicable, the Niagara Escarpment Commission at least 30 days before an application is submitted to MOE. Since the province has approval authority for renewable energy projects, members of the public are invited to share their concerns either through the REA or other approval process, or directly with the province. Members of the public can contact their political representatives, the Renewable Energy Facilitation Office (REFO), and the regulatory ministries such as MOE and MNR in order to share their views. 11

18 2. The regulatory process Finding REA information on line Developers are required to post information on REA projects on their website, including copies of all public notices and, in advance of the first public meeting, the draft project description report, and in advance of the second public meeting, copies of all draft reports except the Consultation Report. In addition, once their REA application has been accepted, the developer must post copies of all the documents that comprise their application. Once an application has been accepted by the MOE, notice of the application will be posted on the Environmental Bill of Rights Registry ( If information about a project is not posted on the developer s website or the EBR, it may mean either that the project is not proceeding under the REA or the developer has not commenced the REA process Municipal consultation form At least 30 days prior to the first public meeting, the developer must provide a municipal consultation form to the clerk of each municipality in which the project is located (a copy of this form is attached as Appendix A). The municipal consultation form is a formal way for municipalities to ensure that municipal impacts and local community needs are taken into account by the developer. The municipal consultation is focused on physical and safety aspects and other technical issues that the developer should consider in the proposed project. The level of community support and other public concerns such as odour and impacts on views are assessed through the parallel public consultation process. The form solicits municipal comments with respect to: Infrastructure and servicing, including road access, traffic management, municipal service connections, and landscaping design; Emergency management procedures and safety protocols; Easements or restrictive covenants associated with the project location; Potential construction issues, including rehabilitation of temporary disturbance areas and local infrastructure that could be damaged by construction, fire hydrants, waterworks, sewers, and gas and utility lines; Building Code permits and licenses; and Any known issues with respect to significant natural features and water bodies, or identifying archaeological resources or heritage resources. 12

19 2. The regulatory process The developer must submit the completed municipal consultation form to MOE in its application, along with an explanation of how it has considered municipal comments in its project design Aboriginal consultation The Crown has a duty to consult and where appropriate, accommodate where its decisions or activities have the potential to adversely impact Aboriginal or treaty rights. Some energy projects will trigger the duty to consult Aboriginal communities. The Crown often delegates the on-the-ground elements of consultation to developers. Guidance materials regarding Aboriginal consultation were being developed at the time of publishing Draft site plan Under the REA process, a developer can formally issue a draft site plan prior to approval. Once issued, all subsequent wind developers in the area must take the first developer s plan into account when planning their projects. On issuance of the draft site plan, future buildings may not need to be considered as noise receptors in the studies that are being undertaken in support of a wind project. Therefore, municipalities may wish to advise building permit applicants in the area of the existence of the draft site plan. Typically, draft plans need to be published in accordance with the requirements in Sec.54.1 of the REA regulation, which are similar to the requirements for providing notice of the project to the public (See Section 2.2.2). If the developer chooses to publish a draft site plan, it will only be able to hold the proposed layout for six months before the site plan expires (unless given an extension by MOE). A developer can only publish a draft site plan once per project Protection of natural heritage Natural heritage features such as provincially significant wetlands, water bodies, and areas of natural and scientific interest are protected by a framework of requirements under the REA. The REA also contains additional protections that apply to projects that are located within the Niagara Escarpment Plan, Oak Ridges Moraine Conservation Plan and Greenbelt Plan areas. Developers must identify significant natural heritage features near the project and ensure that the project conforms to the REA requirements for setbacks and mitigation around these features. As part of this process, developers are required to carry out a records review. As a result, municipalities can expect to be engaged by developers and consultants during the natural heritage assessment process. 13

20 2. The regulatory process Once the Ministry of Natural Resources confirms that a project meets the REA natural heritage requirements, it will issue a confirmation letter to the developer. This letter is a key document for review by the public and the municipality, and forms part of the REA application. In addition to the REA natural heritage requirements, the municipal consultation form solicits comments directly from the municipality about significant natural features that may be impacted by the project. The developer must demonstrate how it has taken municipal comments regarding significant natural features into account in the design of the project. The comments provided by the municipality regarding the project s impact on natural features will be considered as part of the REA review process. 14

21 2. The regulatory process Protection of archaeological and cultural heritage resources The REA contains protection for archaeological and cultural heritage resources. This ensures that due consideration is given to the impacts that renewable energy projects may have on cultural heritage resources. The REA process requires developers to undertake an initial assessment through site assessment and records review, including municipal records, to determine if a project may impact cultural heritage resources. As a result, municipalities can expect to be engaged by developers and consultants during the cultural heritage assessment process: Municipalities must approve any proposed alterations to properties that have been designated by the municipality under Part IV or Part V of the OHA, have a Notice of Intention to Designate placed on them, or are subject to a municipal easement agreement. This written authorization must be submitted by the developer as part of a complete application. Municipalities will be engaged in determining the archaeological potential of a subject property. Municipal Archaeological Management Plans will be relied on by developers to determine archaeological potential. It is advisable that municipalities have up-todate Archaeological Management Plans in place. Once the Ministry of Tourism and Culture confirms that a project meets the REA archaeological and cultural heritage requirements, it will issue a comment letter to the developer. This letter is a key document for review by the public and the municipality, and forms part of the REA application. In addition, the municipal consultation form seeks comments from the municipality regarding archaeological and heritage resources that may be impacted by the project. The developer must demonstrate how it has taken municipal comments regarding heritage and archaeology into account in the design of the project. The comments provided by the municipality regarding the project s impact on heritage and archaeological resources will be reviewed by MOE and considered as part of the REA review process Land use and the REA Under the FIT Program renewable energy development is restricted on prime agricultural lands, and the REA incorporates strict protections for areas including the Niagara Escarpment Plan and Oak Ridges Moraine Conservation Plan areas. As noted above, water bodies and significant natural features are also protected throughout the province by setbacks and prohibitions on development. 15

22 2. The regulatory process The REA and health and safety Health and safety is a top priority of the government, and provincial standards reflect this priority. MOE regulates renewable energy projects strictly, based on the best available scientific data from around the world. Health and safety concerns are addressed primarily through the REA. Wind projects, for instance, must a meet minimum setback distance of over half a kilometre from residences to minimize noise disturbance. There are also setback requirements from roads and infrastructure to prevent damage. The larger and louder the wind facility, the greater the setback requirements are: in some cases, setbacks can be as much as 1.5km. If a municipality has concerns about a specific project, it should raise its concerns with the project developer or with MOE during the REA process. If the municipality has concerns about a project that is not regulated under the REA, it should contact the Renewable Energy Facilitation Office at the number provided at the end of this document Decommissioning Developers of any renewable energy project that requires a REA (other than wind projects under 50 kw) must provide their plans for decommissioning the project to the MOE as part of their REA application. Decommissioning is the sole responsibility of project developers. Many materials used in renewable energy projects can be salvaged or reclaimed. In addition, biodigesters and thermal energy projects may be required to provide financial assurance to MOE REA Decision Once the MOE has deemed a REA application complete, notice of the project will be posted on the Environmental Bill of Rights (EBR) Registry website ( for a 30 day review and comment period. Additional comments or feedback can be provided at this time via the EBR Registry, and will be considered by the MOE along with the developer s Consultation Report. Within 10 days of the EBR notice, the developer must post all application materials on its website until MOE makes its decision. The developer must also publish notice of its application in a newspaper. MOE will make a decision on the REA application within 6 months of deeming the application to be complete. Notice of decisions will be posted on the EBR Registry, along with a summary of any conditions that may apply to the project. 16

23 2. The regulatory process REA Appeals Under Section 142.1(1) of the Environmental Protection Act, anyone may, by written notice served on the Director and the Environmental Review Tribunal (ERT) within 15 days of the issuance of the REA decision, require a hearing in respect of that decision. In the written notice, the appellant must set out (a) a description of how engaging in the renewable energy project in accordance with the renewable energy approval will cause (i) serious harm to human health or (ii) serious and irreversible harm to plant life, animal life or the natural environment; (b) the portion of the renewable energy approval in respect of which the hearing is required; and (c) the relief sought. The ERT will have 6 months to render its decision on any REA appeal. Details of how to launch an appeal can be found in A Guide to Appeals regarding Renewable Energy Approvals under section of the Environmental Protection Act on the following website: Meaningful consultation Once the application has been submitted, MOE will review the application to ensure that the developer has carried out the consultation process correctly. The developer must explain how it has addressed municipal considerations in the Consultation Report that forms part of the REA application. Where a municipality has raised concerns and the developer has not addressed these concerns in its project design, or should the municipality not complete the municipal consultation form, the MOE may request further clarification from the developer regarding how the concern will be addressed or request a rationale as to how the concern was considered by the developer. MOE may also contact the municipality directly in certain cases. Where a developer has not met the consultation requirements of the REA, MOE has the authority return to the application until the requirements are met or issue conditions for approval. 17

24 2. The regulatory process 2.4. Other approvals Environmental Assessment for Waterpower (Ministry of the Environment - MOE) Waterpower projects continue to be regulated by the Class Environmental Assessment (Class EA) under the Electricity Projects Regulation (O.Reg. 116/01) made under the Environmental Assessment Act and overseen by the MOE. The Class EA is the key process for waterpower development, although additional permits and approvals are also required from the MNR and the federal government, and for projects 200 MW and up, an individual environmental approval is required. The Class EA acts as a planning, evaluation and consultation framework to facilitate the design process. It requires that developers consider the potential effects of a proposed project, and the significance of these effects, so the project can be designed to minimize its impacts. Common issues identified in the Class EA involve fish and fish habitat, water levels and flows, and competing or complementary interests of nearby land owners, water users and water-related natural resource users. Consultation is a mandatory feature of the Class EA. The type and content of consultation depends on the project, but developers will be expected to consult with local municipalities as key agencies with an interest in renewable energy projects. Generally, notification and consultation is required at the initial planning stage, during the Class EA process, and at completion of the Class EA documentation. In addition, Aboriginal communities with a potential interest in the project must be engaged. A Notice of Commencement must be provided to local municipalities and other key parties at the outset of the project. This notice contains information including: the project title; the name of the developer; a brief description of the project and tentative schedule; a map showing project location and anticipated zone of influence; a statement that the project is subject to the Class EA; an invitation to participate; contact name, address, fax and telephone number and/or address; and for projects associated with existing infrastructure, an explicit statement that subsequent direct notices will be provided to those who express an interest in the project; and an indication of additional opportunities to be informed and/or involved in the project. The developer will be expected to provide summaries of the consultation process and its outcomes to MOE as part of its eventual application for approval. 18

25 2. The regulatory process As with the REA, the province expects that developers will pursue consultation in a meaningful manner such that it allows them to explore and deal with any local concerns or issues raised. For more details, see the Class Environmental Assessment for Waterpower Projects posted at: Crown land Various Approval and Permitting Requirements The Ministry of Natural Resources (MNR) mandate includes managing forests, fisheries, wildlife, petroleum and mineral resources, Ontario s provincial parks, and the Crown lands and waters that together make up approximately 87 per cent of the province. Accordingly, the MNR plays a number of important roles in renewable energy development Access to Crown lands For the most part, provincial Crown lands in Ontario are managed by the MNR through authority of the Public Lands Act (Crown land is owned by the federal or provincial government). Because 87 per cent of Ontario s land mass is owned by the Crown, many renewable energy developers seek access to Crown land. MNR generally uses the Crown land application process to manage access to Crown land resources. Developers seeking to build a renewable energy project on Crown land must apply to MNR prior to applying for a FIT contract. More information on the policies governing the use of Crown land can be found on the MNR website: Approval and Permitting Requirements Document (APRD) MNR has a variety of approval and permitting requirements that may apply to a renewable energy project, depending on its location and potential impacts. This includes any approvals or permits that may be required under various statutes, including the natural heritage review that forms part of the REA, the Public Lands Act, the Lakes and Rivers Improvement Act, the Endangered Species Act, and the Fish and Wildlife Conservation Act. The APRD outlines regulatory requirements administered by MNR that could impact a project. MNR also administers the Conservation Authorities Act. Permission of the local Conservation Authority is required for development or other activities within its area of jurisdiction (river and stream valleys, the Great Lakes and large inland lake shorelines, hazardous lands, watercourses and wetlands). 19

26 2. The regulatory process Nutrient Management Act, 2002 (NMA) Anaerobic digestion (AD) facilities which meet certain requirements (for example, which are located on a farm subject to an approved Nutrient Management Strategy under the NMA may elect to be regulated under the NMA rather than the REA. The municipality will need to issue a building permit prior to construction of an AD facility regulated under the NMA. The developer will need to provide the municipality with an approved Nutrient Management Strategy (and maybe an approval Nutrient Management Plan) for the AD facility in order to obtain this building permit. Minimum Distance Separation will also be required. This specifies the setback distances between the AD facility system (includes co-substrate tanks, digester and digestate storage) and conflicting uses (such as a neighbour s home). For more information, please see fit_prog.htm Roads and Transportation (Ministry of Transportation - MTO) MTO requirements may apply to a renewable energy project. More information on MTO requirements and contact information for MTO regional offices, which can provide further information on MTO requirements, can be found on the MTO website at Building Codes and Building Permits A municipally-issued building permit will be required for many renewable energy projects: for example, towers that support a wind turbine generator having a rated output of more than 3 kw; a building that supports a wind turbine generator; a building that supports a solar panel. Municipal responsibilities to review building permit applications and issue building permits have not changed. The REA is applicable legislation for the purpose of the Building Code (e.g. where applicable, an REA is required before a building permit will be issued). 20

27 2. The regulatory process Additional municipal permits and agreements In addition to a building permit, other municipal permits or agreements may be required for a renewable energy project. These can include tree cutting permits, permits allowing the use of municipal land such as road access permits, as well as permits or agreements around emergency response, sewer and water, or garbage services Federal Requirements Approvals, authorizations and permits may need to be obtained from federal ministries or agencies. These approvals are in addition to provincial regulatory requirements. Federal requirements may range from simple notification to extensive approvals. In all cases, it is the responsibility of the project developer to ensure federal regulatory requirements are met. The federal environmental assessment process applies when a federal authority has a specified decision-making responsibility in relation to a project, also known as a trigger. Triggers occur when a federal authority: proposes a project provides financial assistance to a developer to enable a project to be carried out sells, leases, or otherwise transfers control or administration of federal land to enable a project to be carried out; and/or provides a licence, permit or an approval that is listed in the Law List Regulations that enables a project to be carried out. Some projects that require federal environmental assessment may also require provincial approval, while others will not. For instance, a project located wholly on federal land, such as an Indian reserve, would typically require a federal environmental approval and not a REA. 21

28 2. The regulatory process Whether or not a project triggers a federal environmental assessment, a project may also need to liaise with federal bodies including, but not limited to: Royal Canadian Mounted Police (notification of wind facilities); Canadian Broadcasting Corporation (notification of wind facilities); Transport Canada (regulates turbine towers for aviation compliance); Fisheries and Oceans Canada (projects in/near water that may impact fisheries); Environment Canada (impacts on migratory birds, weather condition monitoring, etc.); Parks Canada (projects near Parks Canada land such as historic sites or national parks); Natural Resources Canada (assistance with project development); Canadian Environmental Assessment Agency (federal lands); and Aboriginal Affairs and Northern Development Canada (AANDC) (for reserve land or with AANDC funding) Small projects Most microfit projects will not require a REA or any other type of provincial permit, although many such projects (e.g., wind turbine towers with an output over 3kW) may need a municipal building permit. As a result of their small size, microfit projects are not likely to cause significant environmental effects. However, a building permit may be required for certain projects (e.g. roof-mounted wind or solar projects) to ensure that they are built safely and conform to provincial construction standards, while ground mounted projects may be subject to municipal by-laws that ensure health and safety. In addition, all projects must meet electrical safety standards that are implemented by the Electrical Safety Authority. 22

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30 3. Municipal Considerations This section discusses a number of topics that may be of particular interest to municipalities in relation to renewable energy development Municipal by-laws Municipalities continue to hold broad powers to ensure the health and safety of local communities as long as they do not act to frustrate the purpose of any provincial act. However, limits on any specific municipal powers also apply to municipalities broad powers. For instance, as green energy projects are exempt from most land use planning instruments under the Planning Act, including zoning by-laws, municipalities cannot use their broad powers to restrict the use of land for such projects. Municipalities also continue to have by-law powers through the Municipal Act, 2001, the City of Toronto Act 2006, and the Building Code Act, 1992 for matters such as noise, odour, vibration, site alteration, tree protection, property standards, and outdoor illumination, although these are limited in their application to certain types of renewable energy projects (see Section 3.8) Municipal Costs and Fees As a result of the new province-led approval framework for renewable energy projects, some municipalities have expressed uncertainty about how they can recover fees from developers related to potential municipal costs that may result from the project. Municipalities retain the authority to recover incurred costs for certain activities under other legislation (e.g. the Municipal Act, 2001 or the City of Toronto Act, 2006). For example, municipalities may still require fees for the use of municipal property. It is recommended in all cases that municipalities consult a legal professional to determine how legislation such as the Development Charges Act, 1997, the Municipal Act, 2001, or the Building Code Act, 1992 might apply to their specific circumstances Agreements When hosting a renewable energy project, it may be to the advantage of both the developer and the municipality to explore the possibility of entering into some type of mutually beneficial agreement. Such an agreement could cover many aspects of the development process and provide clarity for both parties on municipal responsibilities (such as providing services) and developer obligations (such as payment for costs incurred by the municipality caused by hosting the renewable energy project). 24

31 3. Municipal Considerations The province is committed to encouraging renewable energy project developers to enter into reasonable, fair agreements with host municipalities. The province is working with renewable energy industry associations to ensure that developers understand their obligations to host municipalities. In turn, it is important that municipalities work with developers to create fair working relationships that help all parties enjoy the economic and environmental benefits of renewable energy projects Project review and consultation As discussed above, the REA requires that energy developers engage in meaningful consultation with municipalities, and that raised concerns be reasonably addressed. Municipalities and developers are encouraged to work cooperatively to reach mutually-acceptable resolutions to issues raised during the consultation process. Municipalities should work with developers to identify potential issues as early as possible and developers should design projects to prevent or minimize these issues. Municipalities are strongly encouraged to use the consultation process as an opportunity to ensure that any potential impacts of renewable energy projects on infrastructure will be thoroughly mitigated by the project design. Where the municipality believes that working with the developer will not achieve this goal, the municipality can and should contact MOE directly to ensure that their concerns are heard and taken fully into account Use of municipal services and infrastructure Developers are expected to take responsibility for the costs of project development. The province is working with renewable energy industry associations to ensure that this expectation is clearly communicated to the development community, and strongly encourages developers to consider entering into agreements with municipalities to address cost issues. In addition to agreements with developers, municipalities have some statutory authority which may allow them to charge developers for certain types of cost. The Municipal Act, 2001 (and the City of Toronto Act, 2006) may provide authority for municipalities to levy charges for infrastructure such as road cuts, road access, occupancy permits, emergency response, sewer, water and waste collection. The municipality is entitled under the Building Code Act, 1992 to charge building permit fees. As before, the amount of these fees is not to exceed the cost to the municipality to administer and enforce the BCA and the Building Code. Renewable energy projects often require building permits issued under the BCA. The BCA and the Building Code set out which renewable projects could be subject to a building permit. 25

32 3. Municipal Considerations Growth-related capital costs can be recovered under the authority of the Development Charges Act, 1997, but only to the extent that the renewable energy development gives rise to increased needs for eligible services Payments in lieu of taxes Municipalities should note that under the terms of the Electricity Act, 1998 they may be required to make payments in lieu of taxes on revenues received from the sale of electricity under the FIT Program. It is recommended that municipalities consult a legal professional to determine how this might apply to their specific circumstances Property taxes Property tax policy with respect to renewable energy projects was under review by the Ministry of Finance at the time of publication Property values At this time, the Municipal Property Assessment Corporation (MPAC) is not alterting property assessments as a result of wind energy projects because there is not enough property sales data available in Ontario to determine the impacts of renewable energy projects.. The Ministry of Energy is monitoring the situation. Note that a prominent US-based study published by the US Department of Energy (DOE) December 2009 found no statistically significant impacts of wind energy projects on nearby property values. See Application of municipal by-laws to renewable energy projects On February 9, 2010 Ontario put into place a new regulation under the GEA that eliminates a patchwork of local approval requirements. Ontario Regulation 15/10 designates 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. 26

33 3. Municipal Considerations For designated projects or sources most municipal by-laws no longer apply to the extent that they would prevent or restrict the designated projects or sources. At the same time, the regulation provides that certain local and provincial restrictions related to health, safety, heritage, and the environment will continue to be in effect (including, for example, local by-laws preserving trees or cultural heritage properties, and a number of provincial laws such as the Building Code Act, 1992 and the Endangered Species Act, 2007). Municipal by-laws (other than by-laws under the Planning Act) continue to apply to renewable energy projects or sources which are not designated by Ontario Regulation 15/10 under the GEA The Green Energy Act, the Provincial Policy Statement and the protection of provincial land use planning interests Renewable energy projects are, with limited exceptions, no longer subject to the Provincial Policy Statement 2005 ( PPS ). However, the new approvals framework reflects the provincial land use interest in energy development stated in the PPS and in provincial plans, such as the Greenbelt Plan: Policy of the PPS directs that renewable energy systems shall be permitted across Ontario in settlement areas, rural areas and prime agricultural areas in accordance with provincial and federal requirements (defined term which includes legislation and policies administered by the federal and provincial governments for the purpose of protecting the environment). The policies of the Greenbelt Plan and the Oak Ridges Moraine Conservation Plan recognize the importance of infrastructure, including energy infrastructure. For a number of years prior to the passage of the GEA, municipalities and others had been asking the province for assistance in implementing provincial interests related to renewable energy, and for guidance in developing the appropriate technical requirements for these projects - such as setbacks from residential and other land uses. The province-led approval framework for renewable energy projects provided through the GEA reflects the provincial land use planning interest in renewable energy. At the same time, it establishes a system with coordinated, transparent and standardized requirements for development which continues to safeguard our natural environment and important resources, ensure strong protection for health and safety of Ontarians and provide for a meaningful dialogue with municipalities and communities. 27

34 3. Municipal Considerations Together with the FIT Program, the REA contains restrictions to ensure that renewable energy projects do not conflict with productive agricultural land use. Under a previous renewable energy development program (the Standard Offer Program) some ground-mounted solar projects were approved for construction on prime agricultural land. Some of these projects are still in the construction phase. After taking into account feedback from agricultural communities, this policy was changed for the launch of FIT and renewable energy project construction is limited on prime agricultural lands under the FIT rules (see Section 6.1.3). In addition, the REA contains special rules around renewable energy development in specified natural areas such as the Niagara Escarpment, Oak Ridges Moraine and the Greenbelt Wind Turbines and concern over health impacts In developing setback distances for wind turbines in Ontario Regulation 359/09, the MOE reviewed leading scientific studies from around the world to ensure that Ontario s rules are protective of human health and the environment and are appropriate for the needs of Ontario s communities. They also looked at how wind projects are regulated in other countries. Dr. Arlene King, Ontario s Chief Medical Officer of Health undertook a review of existing information and consulted with the Ontario Agency for Health Protection and Promotion and local medical officers of health on health effects related to wind turbines. The results of the review and consultation were published on May 20, 2010 and released in a report titled The Potential Health Impacts of Wind Turbines. The review concluded that scientific evidence available to date does not demonstrate a direct causal link between wind turbine noise and adverse health effects. The sound level from wind turbines at common residential setbacks is not sufficient to cause hearing impairment or other direct health effects, and there is no scientific evidence to date that vibration from low frequency wind turbine noise causes adverse health effects. (The complete report can be accessed at the following web-site: gov.on.ca/en/public/publications/ministry_reports/wind_turbine/wind_turbine.pdf). 28

35 3. Municipal Considerations The MOE is committed to ensuring that its rules regarding wind farms continue to reflect current science as is the case with all other environmental standards set by MOE. Accordingly, the MOE has hired an independent consultant to develop a procedure for measuring audible noise from wind turbines. The development of an appropriate measurement procedure will enhance the MOE s ability to ensure operating wind farms comply with provincial requirements. MOE also hired an independent consultant to review Low Frequency Noise (LFN) impacts from wind turbines, and to develop recommendations to MOE regarding low frequency noise. The government is committed to protecting the health of Ontarians. Should new information come to light, the province will review its policies and make any necessary changes Key legislative references The following list of key statutes and regulations may be of assistance to a municipality that is seeking to understand more about the legal framework surrounding renewable energy development. This list is not exhaustive: The Green Energy and Green Economy Act, 2009 (GEGEA). The GEGEA is an enabling piece of legislation that established the Green Energy Act, 2009 as well as a set of changes to other legislation to enable and support the FIT Program, to introduce the REA process, and to amend the Planning Act such that official plans, demolition control by-laws, zoning by-laws, site plan control by-laws and the issuance of development permits no longer apply to renewable energy projects. The Green Energy Act, 2009 (GEA). The GEA encourages the development of renewable energy projects, establishes the Renewable Energy Facilitator and the Renewable Energy Facilitation Office to assist renewable energy projects in coming online, and enables a suite of conservation initiatives. The Renewable Energy Approval (REA) (Ontario Regulation 359/09 under the Environmental Protection Act). The REA is the key regulation setting out the environmental standards which most renewable energy projects must meet. It applies to most wind, solar PV and bio-energy projects that are above specific sizes (although legacy projects may have different requirements) (See Section 2). The Class Environmental Assessment for Waterpower (the Class EA) (under the Electricity Projects Regulation (O.Reg. 116/01) made under the Environmental Assessment Act). The Class EA is the key permitting process for waterpower development, although additional permits and approvals are also required from the Ministry of Natural Resources and the Federal Government (See Section 2.3.1). The Environmental Protection Act (the EPA). The EPA enables the REA Regulation and sets out the conditions under which an appeal of an REA decision will be considered. 29

36 3. Municipal Considerations The Ontario Heritage Act (OHA). The OHA provides powers to municipalities and the province to preserve property of cultural heritage value or interest. The OHA is enabling legislation it authorizes municipalities to protect heritage resources found in real property within their jurisdiction through a number of means. Archaeological sites are protected by the province under the OHA; however, municipalities play an important role by having archaeological management plans. The Building Code Act, 1992 (BCA). Under the BCA, a building permit is required before the construction of a building or structure subject to the BCA can begin. Chief building officials are required to issue a building permit unless, among other things, the proposed construction will contravene the BCA, the Building Code or any other applicable law. Applicable law is a list of statutes, regulations and bylaws set out in the Building Code. The list of applicable law includes section 47.3 of the Environmental Protection Act with respect to the issuance of a REA. As a result, for those renewable energy projects which require a building permit and which are subject to the REA, the REA must be issued before the building permit can be issued. The Municipal Act, 2001 (and the City of Toronto Act, 2006). Municipalities have authority under these statutes to enact by-laws related to the economic, social and environmental well-being of the municipality; health, safety and well-being of persons; protection of persons and property; the provision of municipal services; transportation systems and highways including parking and traffic; culture and heritage; drainage and flood control; and structures including fences and signs. Generally, by-laws passed under these acts continue to apply to renewable energy projects. Ontario Regulation 10/15 (under the GEA) designates certain renewable energy projects and sources under the GEA, to which most municipal by-laws no longer apply to the extent that they would prevent or restrict the designated projects or sources. 30

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38 4. Opportunities for Municipal Leadership in Projects Some municipalities have embraced opportunities created by the GEA to develop renewable energy projects of their own. GEA and FIT encourage community-based energy development, and municipalities can join as partners with community organizations, develop new business through local distribution companies, or act as a developer themselves Potential for municipal renewable energy projects Case Study #1: Frontenac County Frontenac County sees both economic and environmental benefits to its effort of creating Ontario s green energy capital. The county has launched a Green Energy Task Force to provide opportunities to citizens, farmers, businesses, and local governments of Frontenac County to be involved in and invest in the green economy, particularly through the development of community energy projects, and actively supports investors and developers seeking to make investments in renewable energy. The county is home to Canada s second largest wind energy generation facility. The Wolfe Island project, operated by Canadian Renewable Energy Corporation (a subsidiary of TransAlta), is comprised of 86 turbines with a capacity of 198 MW. 32

39 4. Opportunities for Municipal Leadership in Projects Case Study #2: Grimsby Energy Inc. Grimsby Energy Inc., a for-profit corporation formed and wholly owned by the Town of Grimsby, Ontario, is an example of a municipality taking an active role in renewable energy development. The town s venture has received a FIT Contract and is moving ahead with plans to build a one MW bio-gas energy facility. The bio-gas reactors will draw feedstock from around the agriculture-intensive Niagara region, and capture the methane gas released by the processing of agricultural waste. The captured methane will produce electricity through combustion. The town will use the generated electricity for its own use, and will sell excess electricity to the grid at FIT rates. It is anticipated that Grimsby Energy Inc. will make a positive contribution to town revenues. 33

40 4. Opportunities for Municipal Leadership in Projects Case Study #3: Essex Powerlines Corporation and the towns of LaSalle, Tecumseh and Amherstburg Three municipalities have partnered with Essex Powerlines Corporation to share in the benefits of the FIT Program. Together, the partners are installing solar PV projects on municipal facilities, creating a new revenue stream for the municipalities. The town of LaSalle will be building a 250 kw solar facility on the roof of the Vollmer Culture and Recreation Centre. This will prevent the emission of some 99 tonnes of carbon dioxide annually. The town of Tecumseh will be installing a 500 kw solar facility on the roof of the Tecumseh arena - a project that promises to save some 208 tonnes of carbon dioxide emissions per year. The town of Amherstburg plans to install a 500 kw solar facility on the roof of its new recreation centre, with a potential carbon saving of 208 tonnes of carbon dioxide emissions annually. 34

41 4. Opportunities for Municipal Leadership in Projects 4.2. Benefits for communities Renewable energy development brings important economic and environmental benefits to communities. Local power generation creates local jobs Economic benefits Hosting renewable energy projects creates jobs in the participating municipalities, especially during the development cycle of the projects. These include jobs for skilled trade people and labourers, such as electrical installation, building, and project support staff. Investment in renewable energy projects will boost economic growth in Ontario. Domestic content requirements for the projects will attract manufacturing to the province, and help ensure that developers purchase local materials and hire local workers. In addition, municipalities now have the opportunity to develop their own green energy projects and benefit from the safe, long-term return on investment offered under the FIT Program Environmental benefits As of November, 2010, coal-fired generation makes up only 13 per cent of Ontario s electricity capacity. Ontario has set a target of 2014 to phase out coal. Coal-fired generation is the largest single source of air pollution and greenhouse gases in Ontario. According to Environment Canada, the Nanticoke Generating Station, a coal-fired facility, is the single largest source of air pollution in Canada. Eliminating coal-fired electricity generation will reduce our annual carbon dioxide emissions by up to 30 mega tonnes and by 2014 will be the single largest climate change initiative ever undertaken in North America. Coal plants release greenhouse gases, as well as toxic chemicals including lead, mercury, dioxin, chromium, arsenic, sulphur dioxide and nitrogen oxide which can have significant impacts on human health and the natural environment. Some of the costs associated with coal-fired electricity generation are discussed in the 2005 Cost Benefit Analysis report: 35

42 4. Opportunities for Municipal Leadership in Projects By taking a leadership role in supporting renewable energy, municipalities play a key role in helping clean the air and environment for all Ontarians. To meet our goal, we must replace coal with new sources of energy. We all benefit when coal-burning power plants are replaced with cleaner sources of energy Get involved! Different municipalities have different needs. The flexibility of the FIT Program provides many alternatives. If you are interested in developing a municipal renewable energy project, the background sections of this guide contain a comprehensive overview of key information and should be reviewed carefully. The OPA website also contains a great deal of useful material about the FIT and microfit Program and should be explored thoroughly. The industry associations listed in Section 5 may have resources available on their websites, and can be a good source for finding commercial partners or service providers. Speaking to other municipal developers can be a useful way to gather information as well. In addition, the province has created REFO specifically in order to answer questions about renewable energy and the FIT Program. REFO advisors are available to discuss your plans and may be able to provide many useful resources. 36

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44 5. Renewable energy technologies Four types of renewable technologies are currently supported by FIT funding: solar photovoltaic (PV), wind, waterpower, and bio-energy (biogas, including landfill gas and biomass). Information on the renewable technologies can found on the Ministry of Energy website at: or through these industry associations: Canadian Solar Industries Association: Canadian Wind Energy Association: Ontario Waterpower Association: Canadian Bioenergy Association: Agri-Energy Producers Association of Ontario:

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46 6. Ontario s FIT Program Ontario will continue to develop its renewable energy potential over the next decade. The province s renewable energy capacity target will be met with the development of renewable energy projects via the FIT Program and other initiatives such Ontario s Green Energy Investment Agreement with Samsung C&T Corporation and Korea Electric Power Corporation (see Section 6.4.2). Assuming that Ontario s population and industrial sector grow at a moderate rate over the next decade, Ontario has set a target of 10,700 MW of renewable capacity (wind, solar, and bioenergy) by 2018 in the Long Term Energy Plan (LTEP) released in This target is based on planned transmission expansion, overall demand for electricity and the ability to integrate renewables into the system. This target will be equivalent to meeting the annual electricity requirements of two million homes. Ontario will review the electricity demand outlook in the next LTEP to explore whether a higher renewables capacity forecast is required The Feed-in-Tariff (FIT) A feed-in tariff program provides standard pricing and standardized rules in order to promote the development of renewable energy projects. It provides a guarantee of market-viable prices for energy generated from eligible renewable energy sources: solar PV, wind, water, biogas including landfill gas, and biomass. Ontario s FIT Program was enabled by the GEA, and is implemented by the Ontario Power Authority (OPA). It accommodates a wide variety of renewable energy projects; from large, commercial developments, to mid-sized community based projects, to micro-scale projects that can be installed by homeowners. Prices are designed to cover project costs and allow for a reasonable return on investment over the contract term. FIT contract prices were set following extensive consultations and are designed to ensure a reasonable rate of return for investors while providing good value for Ontario ratepayers. As part of the scheduled two-year review of the FIT Program in 2011, the FIT price of renewables in Ontario will be re-examined. Successful and sustainable FIT programs in a number of international jurisdictions (such as Germany, France and Denmark) have decreased price incentives. Advances in technology and economies of scale reduce the cost of production. A new price schedule will be carefully developed to achieve a balance between the interests of ratepayer and the encouragement of investment in new clean energy in Ontario. The provincial government launched the program in September 2009, and the OPA started accepting applications on October 1,

47 6. Ontario s FIT Program The FIT Program is intended to help support the creation of new clean energy jobs. In total, the 694 first round large- and mid-scale FIT projects are expected to result in the creation of 20,000 direct and indirect new green economy jobs, and about $9 billion in private sector investment, as well as investment in manufacturing. Small projects are eligible for a stream of the program called microfit which is designed to encourage homeowners, businesses and others to generate renewable energy with projects of 10 kilowatts (kw) or less by offering a simplified contracting process. Given the popularity of Ontario s growing clean energy economy, applications for microfit and mid-size (CAE or Capacity Allocation Exempt) projects are outpacing needed upgrades to the grid. To continue to ensure the growth of small clean energy projects, Ontario will continue to invest in upgrades to the transmission and distribution systems to maintain renewable supply. In areas where there are technical challenges, the OPA, Hydro One and Local Distribution Companies will continue to work with developers that have already applied to the CAE FIT or microfit Program. As part of the scheduled two-year review of the FIT Program in 2011, FIT prices will be re-examined. Successful and sustainable FIT Programs in a number of international jurisdictions (such as Germany, France and Denmark) have decreased price incentives as advances in technology and economies of scale have reduced the cost of production. A new price schedule will be carefully developed to achieve a balance between ratepayer interests and encouraging investment in Ontario Eligibility The FIT Program can be accessed by new or incremental projects over 10 kw, while the microfit program is available for projects less than 10 kw. There is no maximum size for wind or bio-energy projects, however waterpower projects may not be greater than 50 MW, and ground-mounted solar PV projects may not be greater than 10 MW Offshore wind Ontario is not pursuing offshore wind projects at this time as the province has determined that further science, regulatory work and co-ordination with U.S partners must be completed before the province will proceed with offshore wind development. The decision followed a period of public consultation that began on June 25, 2010 and which received 1,400 comment submissions. 41

48 6. Ontario s FIT Program Land use restriction Ground-mounted solar PV projects greater than 100 kw may not, in general, receive FIT contracts if they are located on Canada Land Inventory Class 1 or Class 2 agricultural lands, or on lands that are designated as Specialty Crop Areas. A limited number of projects will be allowed on Class 3 lands. The restriction on land use comes from the Ministry of Energy and Infrastructure directive dated September 24, 2009 that instructed the OPA to create the FIT Program and the resulting FIT rules. It is possible that projects that are developed under programs other than FIT may be located on prime agricultural land. Note that for CLI Classes 1, 2 and 3 soils, if the land where the project is being proposed was zoned entirely for non-agricultural purposes on or before October 1, 2009, then the project may be allowed to go ahead on this land Domestic content requirement The FIT program requires that all FIT-scale wind projects and that both FIT-scale and microfit-scale solar projects contain a minimum amount of goods and services that come from Ontario. The minimum required amount of Ontario-based content will increase over time and is determined by the year of a project s milestone date for commercial operation. The OPA FIT Program Website ( sets out applicable domestic content requirements in detail FIT contracting process The following summarizes the key steps in the FIT contracting process: 1. Applicant learns about FIT Program and completes registration. 2. Applicant prepares application. 3. Applicant completes and submits application. 4. OPA reviews application for completeness. 5. If accepted, the OPA conducts connection capability assessment. 6. If there is connection capacity, the OPA offers a FIT contract. 7. If there is no connection capacity, the project developer may elect to leave the application in the system until capacity becomes available. 42

49 6. Ontario s FIT Program After Receiving a FIT Contract Applying for and receiving a FIT contract is only the first key step in the project development process. Once a contract has been issued, the project developer must then begin developing the project so that it meets applicable regulatory requirements such as the REA approval (set out previously in Sections 2-3 of this document). The developer must also arrange to connect the project to the transmission or distribution system. Connection requirements are set out in detail further on in this document microfit Program The microfit Program offers a simplified application and contracting process. It applies to small renewable energy projects of 10 kw or less typically, solar installations on roof-tops. More information on microfit is available on the OPA microfit Program website Aboriginal and Community-Based Project Incentives The FIT Program supports community and aboriginal participation in renewable energy development through a combination of grants, reduced security payments and price adders for energy produced. Aboriginal and community-based projects receive incentives to participate because these projects face barriers and higher project costs not encountered by commercial developers. Details on the price adder formula are available on the OPA s FIT Program website: Community Energy Partnerships Program The province has developed the Community Energy Partnerships Program (CEPP) - a grant program to support community groups developing renewable energy projects in Ontario. While municipalities are not eligible to apply directly to the CEPP program, any municipal participant that fits the definition of a community in the program rules is eligible to receive funding from CEPP. 43

50 6. Ontario s FIT Program Community is defined to include: 1. One or more Ontario residents directly investing in any size renewable energy project. 2. An Ontario-based registered charity. 3. An Ontario-based not for profit organization. 4. A co-operative owned by residents of Ontario. Full details on eligible costs, eligible developers and application information is available on the CEPP website ( Aboriginal Energy Partnerships Program The Aboriginal Energy Partnership Program consists of three key initiatives to support to Aboriginal communities considering renewable generation projects: Aboriginal Renewable Energy Fund (AREF) assists with some of the initial project development costs associated with First Nation and Métis community renewable energy projects. Aboriginal Renewable Energy Network (AREN) is a web-based resource of information relating to conservation and renewable energy development that will continue to evolve based on the needs and input from Ontario s Aboriginal communities. Aboriginal Community Energy Plans helps communities identify and act upon their local conservation and renewable energy development opportunities. For more information and for application forms for the AREF, see the AREN website ( 44

51 6. Ontario s FIT Program Aboriginal Loan Guarantee Program Aboriginal communities are also eligible to receive assistance with project financing through the $250 million Aboriginal Loan Guarantee Program, administered by the Ontario Financing Authority (OFA). Under this program, the OFA will guarantee up to 75 per cent of an Aboriginal corporation s equity in an eligible project, to a maximum of $50 million per project. Details about the program and application forms are available on the OFA s website: Non-FIT renewable energy development Earlier green energy initiatives Prior to FIT, the Ontario government operated programs including the Renewable Energy Standard Offer Program (RESOP) and the Renewable Energy Supply (RES) program. Canada s second largest wind facility, on Wolfe Island in Frontenac County, is an example of a project developed under RES rules. While many existing projects came into existence under these programs, the programs are no longer accepting applications, and in the case of RESOP, certain projects have transferred into the FIT Program. FIT and microfit are now and will remain the primary process for most renewable energy development in Ontario for the foreseeable future The Green Energy Investment Agreement Under the terms of the 2010 Green Energy Investment Agreement between the Province of Ontario and Samsung C&T Corporation and Korea Electric Power Corporation ( the Consortium ), the Consortium will be investing $7 billion dollars into Ontario and bringing 2,500 MW of wind and solar power on line Procurement contracts From time to time the OPA enters into individual procurement contracts with energy generators, typically for very large projects. The Lower Mattagami River project is an example of a project of this nature. There are also upgrades to existing waterpower facilities being contracted by the OPA under the Hydroelectric Contract Initiative. 45

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53 7. Ontario s electricity system In 1998, Ontario established a market in electricity and in April 1999, Ontario Hydro was re-organized into five new agencies: 1. Ontario Power Generation Inc. (OPG) - generates electricity and competes with other, new generating companies in the new marketplace. 2. Hydro One - transmits and distributes electricity. 3. Independent Electricity System Operator (IESO) - oversees the wholesale markets to ensure fair competition, and ensures the reliability of the electrical system. 4. Electrical Safety Authority - sets safety standards for wiring installations; responsible for equipment and appliance certification. 5. Ontario Electricity Financial Corporation - responsible for the stranded debt of the former Ontario Hydro, that is, the debt in excess of the debt assigned to the other successor companies. In 2004, the government established the Ontario Power Authority (OPA) as the province s long-term energy planner. The aim of the OPA is to ensure long-term electrical supply adequacy in Ontario. Another key player is the Ontario Energy Board (OEB) - an independent tribunal responsible for regulating Ontario s natural gas and electricity sectors, protecting the interests of consumers with respect to prices and the reliability and quality of electricity service and approving distribution and transmission expansion plans and large transmission infrastructure projects Grid connection Ontario s power grid is a physical power network that transmits electricity from suppliers (generators) to consumers (loads). This is achieved through systems of distribution and transmission. A fundamental consideration for all renewable energy projects is whether there is sufficient transmission and/or distribution capacity to connect the project to Ontario s electricity grid. An offer of a FIT contract follows an assessment of available space to connect a given project. The following sections set out the way that distribution and transmission issues can have an impact on renewable energy projects. 47

54 7. Ontario s electricity system 7.2. Distribution The term distributor refers to the local distribution company (LDC), which takes electricity from the grid and distributes it to consumers. They take power from highvoltage transmission lines, step-down the electricity to a lower voltage level and provide it to local customers of all sorts: homes, businesses, institutions and industry. Local municipal utilities such as Chatham-Kent Hydro, Toronto Hydro or Cornwall Electric are examples of distributors (the majority of distributors in Ontario today are owned by municipalities). Distributors deliver electricity directly to retail consumers, at the appropriate voltage for their needs, and collect payments directly from these consumers. Typically, distributors also manage and maintain local power lines. They withdraw power from the bulk transmission grid to which large generators and other loads are connected Transmission Transmitters are responsible for delivering electricity across the province. Transmitters are market participants who own the transmission equipment making up the grid. Transmitters do not buy or sell energy; rather, they build and maintain the transmission grid that connects generators and wholesale loads throughout the province. Hydro One Networks Inc. is the largest transmitter in Ontario, owning 97 per cent of the province s transmission capacity (Hydro One also operates as a distributor to over a million customers in the province). Electricity is transmitted across the province on about 29,000 kilometres of high-voltage transmission lines. Transformers are used to link electric power from the high-voltage lines to low-voltage lines. LDC s then distribute the electric power at lower voltages to end-use customers (see Section 7.2.). Ontario s network of high-voltage lines interconnect with lines from Manitoba, Quebec, New York, Michigan and Minnesota. These interconnection lines (known as interties) allow electricity to be imported into and exported out of Ontario System constraints All electrical systems have technical limits, known as capacity constraints, which limit the amount of electricity that can flow through the system and through the equipment. The equipment cannot safely handle the flow of electricity beyond the limits. This means that in some cases, not all the projects that apply in a certain location will be able to connect there. 48

55 7. Ontario s electricity system Capacity constraints are similar to the electrical limits in your home. If there is too much electrical demand in your home the breaker will trip off. Similarly, if the electricity system has too much connected to it, it will adversely affect the system, potentially leading to blackouts, safety hazards and equipment damage. At the current time, Ontario s electricity system is operating close to its capacity in many parts of the province. Therefore, in order to accommodate both existing and future generation and load, Ontario s electricity system will require upgrades. Both the FIT Program and Ontario s Long-Term Energy Plan, released by the Ministry of Energy in fall, 2010, will contribute to planning upgrades to Ontario s electricity transmission and distribution infrastructure FIT and grid capacity When a developer applies for a FIT contract, the OPA will test to determine whether there is space on the grid for the project. Given the presence of constraints on the existing system, some generators who have applied to the FIT Program will not be offered contracts. Instead, they will have the option of waiting for system upgrades before they can be offered a FIT Contract and get connected to the grid. For a municipality that is trying to assess a given renewable energy project, the first step should be to determine whether or not the project has been offered a FIT contract (this information is available at the OPA website in the Program Updates section at which lists the large projects with contracts and those awaiting ECT). This will help to provide a sense of possible timelines for project development Capacity allocation exemption Capacity Allocation Exempt (CAE) projects are small projects connected directly to the distribution system. The FIT Rules adopt the Distribution System Code definition of CAE projects as: 1. Projects with no more than 250 kw of rated generating capacity where the facility is connected to a less than 15 kv line; or 2. Projects of 500 kw or less of rated generating capacity where the facility is connected to a 15 kv or greater line. The FIT Rules include provisions to ensure that CAE projects have a simplified application and contracting process. For example, they are not required to post application security (however, completion and performance security are still required) and do not undergo the extensive capacity testing that applies to larger projects. 49

56 7. Ontario s electricity system To improve the application process and better match projects with available capacity, applications submitted on or after December 8, 2010 are subject to a capacity screening as part of the application review process. As such, the applicant will not be offered a contract unless the OPA deems that there is space for the project to connect to the grid. This is intended to ensure that potential connection issues are identified as early as possible in the application and contracting process. After receiving a contract, all CAE projects must obtain a Connection Impact Assessment (CIA) from their LDC, and may only connect if the CIA indicates that there is sufficient capacity on the grid to accept the project Impact assessment All renewable energy projects greater than 10 kw must obtain an assessment of the technical requirements and costs of connecting their project to the grid. The process is different according to whether a project is transmission connected or distribution connected Connection Impact Assessment (distribution connected projects) After the FIT contract has been awarded, the developer must obtain a Connection Impact Assessment (CIA) from the relevant distributor. A CIA is a detailed assessment of a project s impact to the grid. The CIA results delivered to the developer will include a technical report outlining project feasibility, technical specifications required to connect the project and the impacts the project would have on the distribution grid, as well as a very high-level assessment of the expected costs of connection. Once final agreement of the scope of work and connection costs is reached, the developer must sign a Connection Cost Agreement with the distributor System Impact Assessment (transmission connected projects/over 10 MW) A System Impact Assessment (SIA) and a transmission customer impact assessment must be completed by the IESO for projects over 10MW. Like the CIA, the SIA will assess the project s impact on the grid, but in relation to the transmission system rather than on the distribution system. 50

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58 8. Useful contacts REFO The Renewable Energy Facilitation Office (REFO) can assist with questions about renewable energy and with renewable project development, including by providing support in navigating the approval process. Advisors can be reached by at or by telephone REFO (7336) or MOE Municipalities seeking to provide comments on a project directly to MOE s Environmental Assessment and Approvals Branch may provide them in writing to the: Environmental Assessment and Approvals Branch Ministry of the Environment 2 St. Clair Ave W, Floor 12A Toronto, ON M4V 1L5 Or by at: EAABGen@ene.gov.on.ca Environmental Registry Once a REA application has been deemed complete, it will be posted on the Environmental Registry for comments. To determine whether a project has been posted and to provide comments if desired, go to and search either by project name or for the term renewable energy approval to see a complete list of projects that are currently up for comment. 52

59 8. Useful contacts Additional References Agri-Energy Producers Association of Ontario Canadian Bioenergy Association Canadian Solar Industries Association Canadian Wind Energy Association (CanWEA) Class EA for Water Power Cost-Benefit Analysis: Replacing Ontario s Coal-Fired Electricity Generation electricity/?page=consultation-and-reports Ontario Clean Air Alliance Environmental Review Tribunal Guide to Appeals by Members of the Public regarding Renewable Energy Approvals under Section of the Environmental Protection Act The Impact of Wind Power Projects on Residential Property Values in the United States: A Multi-Site Hedonic Analysis by Ben Hoen, Ryan Wiser, Peter Cappers, Mark Thayer, and Gautam Sethi, December Ministry of Energy: Renewable Energy Resource Ministry of the Environment - Guidance Materials for Renewable Energy Approvals Ministry of Tourism and Culture - Guidance Materials for Renewable Energy Approvals energy.shtml Ministry of Transportation OMAFRA Guidance for Renewable Energy OMAFRA Nutrient Management Act and the FIT fit_prog.htm Ontario Sustainable Energy Association The Potential Health Impacts of Wind Turbines ministry_reports/wind_turbine/wind_turbine.pdf Renewable Energy Approval O.Reg 359/09 regs_090359_e.htm#bk50 Renewable Energy Facilitation Office 53

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61 9. List of key terms and acronyms AANDC Aboriginal Affairs and Northern Development Canada AD Anaerobic digestion ACEP Aboriginal Community Energy Plan AEPP Aboriginal Energy Partnership Program APAO Agri-Energy Producers' Association of Ontario APRD The Ministry of Natural Resources Approvals and Permitting Requirements Document AREF Aboriginal Renewable Energy Fund AREN Aboriginal Renewable Energy Network BCA Building Code Act, 1992 CAE Capacity Allocation Exempt CAR Capacity Allocation Required CanBio Canadian Bioenergy Association CanSIA Canadian Solar Industries Association CanWEA Canadian Wind Energy Association CEPP Community Energy Partnerships Program CIA Connection Impact Assessment - a detailed assessment of a project's impact to the grid, conducted by the relevant distributor CLI Canada Land Inventory - a comprehensive multi-disciplinary land inventory of rural Canada, including soil capability for agriculture. Ground-mounted solar PV facilities are not permitted on Class 1 and Class 2 agricultural lands and Specialty Crop Areas, and up to a capped amount on Class 3 agricultural lands Class EA In this context, referring to the Class Environmental Assessment for Waterpower Projects Connection Cost Agreement An agreement that the developer must sign with the distribution company to allow the distribution company to recover the cost of connecting the project to the grid COU The Council of Ontario Universities DAT Distribution Availability Test db Decibel 55

62 9. List of key terms and acronyms DOE US Department of Energy Domestic Content The FIT contract requires wind projects greater than 10 kilowatts (kw) and all solar PV projects to include a minimum amount of goods and services that come from Ontario EA Environmental Assessment EBR Environmental Bill of Rights ECT Economic Connection Test EPA Environmental Protection Act ERT Environmental Review Tribunal Environmental Registry The Environmental Registry contains public notices about environmental matters being proposed by all government ministries covered by the Environmental Bill of Rights. The public notices may contain information about proposed new laws, regulations, policies and programs or about proposals to change or eliminate existing ones FIT (FIT Program) Feed-in Tariff Program A program run in Ontario by the OPA which provides standard pricing and standardized rules in order to promote the development of renewable energy projects larger than 10 kw in size GEA Green Energy Act, 2009 GEGEA Green Energy and Green Economy Act, 2009 Greenbelt Plan The Greenbelt Plan was established under Section 3 of the Greenbelt Act, 2005, to provide permanent protection to the agricultural land base and the ecological features and functions occurring on this landscape Grid The provincial transmission grid is a network of power stations, transmission circuits, and substations. HCI Hydroelectric Contracting Initiative IESO Independent Electrical System Operator Intertie Interconnection lines that link Ontario s grid with other provinces or with the US km Kilometre kw Kilowatt kwh Kilowatt hour LDC Local Distribution Company (e.g., Chatham-Kent Hydro, Toronto Hydro or Cornwall Electric) 56

63 9. List of key terms and acronyms Load A consumer of electricity LTEP Ontario s Long-Term Energy Plan, released in November, 2010 m Metre microfit Micro Feed-in Tariff aimed at projects that are 10 kw or smaller MNR Ontario Ministry of Natural Resources MOE Ontario Ministry of the Environment MREP Municipal Renewable Energy Program MTC Ontario Ministry of Tourism and Culture MTO Ontario Ministry of Transportation MW Megawatt MWh Megawatt hour Municipal Consultation Form A formal way for municipalities to ensure that municipal needs are taken into account by the project developer under the REA process. The Municipal Consultation Form forms part of the complete REA application submission to the MOE NIMBY Not In My Back Yard a phrase used to describe opposition by residents to a proposal for a new development close to them NMA Nutrient Management Act, 2002 Niagara Escarpment Plan The Niagara Escarpment Plan serves as a framework of objectives and policies to strike a balance between development, preservation and the enjoyment of the Niagara Escarpment OEB Ontario Energy Board OFA Ontario Financing Authority OHA Ontario Heritage Act OMAFRA Ontario Ministry of Agriculture, Food and Rural Affairs OPA Ontario Power Authority OPG Ontario Power Generation Inc. OSEA Ontario Sustainable Energy Association OWA Ontario Waterpower Association 57

64 9. List of key terms and acronyms Oak Ridges Moraine Conservation Plan The Oak Ridges Moraine Conservation Plan is an ecologically based plan established by the Ontario government to provide land use and resource management direction for the land and water within the Moraine. PDR Project Description Report a component of the REA application submission that will be circulated to municipalities for review and comment PPS Provincial Policy Statement, 2005 PV Photovoltaic Price Adder The incentive offered to Aboriginal and community-owned projects under the FIT Program because these projects face barriers and higher project costs not encountered by commercial developers REA The Renewable Energy Approval issued under Ontario Regulation 359/09 REFO Renewable Energy Facilitation Office RES Renewable Energy Supply RESOP Renewable Energy Standard Offer Program - a previous Ontario renewable energy development program. RPP Regulated Price Plan - the Ontario Energy Board developed an electricity price plan that provides stable and predictable electricity pricing for residential and small business consumers; rates are updated and prices are adjusted every six months to reflect the costs of supply for that period. Renewable Energy In this context, referring specifically to solar photovoltaic (PV), wind, waterpower, and bio-energy (biogas, including landfill gas, and biomass) types of technologies Right-of-Way An easement associated with a linear corridor (e.g. a provincial highway) reserved for the purposes of maintenance or expansion of existing services with the rightof-way SIA System Impact Assessment a mandatory assessment that a connection developer requests the IESO to conduct in order to assess the impact of the connection proposal on the reliability of the integrated power system. For transmission connected projects over 10 MW in size Specialty Crop Areas Where specialty crops such as tender fruits (peaches, cherries, plums), grapes, other fruit crops, vegetable crops, greenhouse crops, and crops from agriculturally developed organic soil lands are predominantly grown, usually resulting from factors including suitable soils and/or climatic conditions, skilled farming knowledge and availability of related facilities and services to produce, store, or process specialty crops TAT Transmission Availability Test Time-stamp The date and time a FIT application was received (post-november 2009 FIT applications are assessed in order of timestamp) 58

65 Appendix A Ministry of the Environment Renewable Energy Approval Consultation Form: municipalities, local authorities ss. 18(2) Ontario Regulation 359/09 Ce formulaire est disponible en français PART A: TO BE COMPLETED BY THE APPLICANT BEFORE SUBMITTING TO MUNICIPALITY OR LOCAL AUTHORITY Section 1 - Project Description Renewable Energy Project Project Name (Project identifier to be used as a reference in correspondence) Project Location Same as Applicant Physical Address? Yes No (If no, please provide site address information below) Civic Address- Street information (includes street number, name, type and direction) Unit Identifier (i.e. apartment number) Survey Address (Not required if Street Information is provided) Lot and Conc.: used to indicate location within a subdivided township and consists of a lot number and a concession number. Part and Reference: used to indicate location within unorganized territory, and consists of a part and a reference plan number indicating the location within that plan. Attach copy of the plan. Lot Conc. Part Reference Plan Location Information (includes any additional information to clarify physical location)(e.g. municipality, ward/ township) Geo Reference (e.g. southwest corner of property) Map Datum Zone Accuracy Estimate Geo Referencing Method UTM Easting UTM Northing Project Phasing (outline construction, operation and decommissioning activities) Environmental Context Describe any negative environmental effects that may result from engaging in the project (consider construction, operation and decommissioning activities.) Propose early avoidance/prevention/mitigation concepts and measures. 59

66 Appendix A Renewable Energy Generation Facility Type of Facility / Operation (select all that apply & complete all appropriate sections) Wind Facility (Land Based) Wind Facility (Off-Shore) Biofuel Facility Solar Photo Voltaic Facility Biogas Facility (Anaerobic Digesters) Other Describe : Biomass Facility (Thermal Treatment) Class (if applicable) : Name Plate Capacity Expected Generation Service Area Total Area of Site (hectares) Provide a description of the facilities equipment or technology that will be used to convert the renewable energy source or any other energy source to electricity. 1.4 Renewable Energy Generation Activities Describe the activities that will be engaged in as part of the renewable energy project Section 2 Supporting Documents 2.1 Requirement Name of Draft documents distributed for consultation DRAFT Project Description Report Date available to Municipal or Local Authority Contact DRAFT Design and Operations Report DRAFT Construction Plan Report DRAFT Decommissioning Plan Report List of other Documents 60

67 Appendix A Location where written draft reports can be obtained for public inspection (physical location for viewing and the applicants project website if one is available): Section 3 Applicant Address and Contact Information Applicant Information (Owner of project/facility) Applicant Name (legal name of individual or organization as evidenced by legal documents) Business Identification Number Business Name (the name under which the entity is operating or trading - also referred to as trade name) same as Applicant Name Civic Address- Street information (includes street number, name, type and direction) Unit Identifier (i.e. apartment number) Survey Address (Not required if Street Information is provided) Lot and Conc.: used to indicate location within a subdivided township and consists of a lot number and a concession number. Part and Reference: used to indicate location within an unsubdivided township or unsurveyed territory, and consists of a part and a reference plan number indicating the location within that plan. Attach copy of the plan. Lot Conc. Part Reference Plan Municipality County/District Province/State Country Postal Code 61

68 Appendix A PART B: TO BE COMPLETED BY THE MUNICIPALITY OR LOCAL AUTHORITY Section 4 - Municipal or Local Authority Contact Information (check the one that applies) Local Municipality (include each local municipality in which project location is situated) Yes No Name of Municipality Address Phone Clerk s Name Clerk s Phone/Fax Address Upper Tier Municipality (include each upper tier municipality in which project location is situated) Yes No Name of Municipality Address Phone Clerk s name Clerk s Phone/Fax Address Local roads area (include each local roads area in which project location is situated) Yes No Name of local roads board Address Phone Secretary-treasurer s Name Secretary-treasurer s Phone/Fax Address Board Area (include each board area in which project location is situated) Yes No Name of Local Service Board Address Phone Secretary s name Secretary s Phone/Fax Address Section 5: Consultation Requirement Project Location Provide comment on the project location with respect to infrastructure and servicing. 5.2 Project Roads Provide comment on the proposed project s plans respecting proposed road access. Identify any issues and provide recommendations with respect to road access Provide comment on any proposed Traffic Management Plans Identify any issues and provide recommendations with respect to the proposed Traffic Management Plans 62

69 Appendix A 5.3 Municipal or Local authority Service Connections Provide comment on the proposed project plans related to the location of and type of municipal service connections, other than roads. Identify any issues and provide recommendations with respect to the type of municipal service connections, other than roads. 5.4 Facility Other Identify any issues and recommendations with respect to the proposed landscaping design for the facility Provide comment on the proposed project plans for emergency management procedures / safety protocols. Identify any issues and recommendations with respect to the proposed emergency management procedures / safety protocols. Identify any issues and recommendations with respect to any Easements or Restrictive Covenants associated with the Project Location 5.5 Project Construction Identify any issues and recommendations with respect to the proposed rehabilitation of any temporary disturbance areas and any municipal or local authority infrastructure that could be damaged during construction. Identify any issues and recommendations with respect to the proposed location of fire hydrants and connections to existing drainage, water works and sanitary sewers Identify any issues and recommendations with respect to the proposed location of buried kiosks and above-grade utility vaults 63

70 Appendix A Identify any issues and recommendations with respect to the proposed location of existing and proposed gas and electricity lines and connections Provide comment on the proposed project plans with respect to Building Code permits and licenses. Identify any issues and recommendations related to the identification of any significant natural features and water bodies within the municipality or territory. Identify any issues and recommendations related to the identification any archaeological resource or heritage resource. 64

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