Ontario renewable energy approvals rules updated: Indigenous terminology, qualified-person assessments, and new biogas exemption

Plain-language summary · AI-assisted · not legal advice

This amendment makes several practical changes to the rules governing Renewable Energy Approvals under the Environmental Protection Act. All references to 'aboriginal communities' have been replaced with 'Indigenous communities' throughout the regulation, which affects consultation lists, notices, document distribution, and reporting obligations for project applicants. The Ministry of Natural Resources and Forestry and the Ministry of Tourism, Culture and Sport are renamed to the Ministry of Natural Resources and the Ministry of Citizenship and Multiculturalism respectively, changing where applicants must submit archaeological and heritage assessment reports and obtain comments. The previous requirement to get written confirmation from the Ministry of Natural Resources that natural heritage assessments were correctly conducted has been replaced by a self-attestation system: applicants must now have a 'qualified person' (as defined in the Natural Heritage Assessment Guide) conduct and attest to assessments, with written confirmation from that qualified person submitted as part of the approval application. A new exemption from the approval requirement is added for small biogas facilities (10 MW or less) located on the site of a business whose primary purpose is not electricity generation, with transition provisions for existing projects and pending applications. Applicants who submitted natural heritage reports to the Ministry of Natural Resources before the six-month transition deadline may complete their applications under the prior rules.

Who this affects: renewable energy project applicants · wind facility developers · biogas facility operators · consultant archaeologists and heritage practitioners · qualified natural heritage professionals