ontario regulation 364/09

made under the

environmental assessment act

Made: September 8, 2009
Filed: September 23, 2009
Published on e-Laws: September 25, 2009
Printed in The Ontario Gazette: October 10, 2009

Amending Reg. 334 of R.R.O. 1990

(General)

1. Section 1 of Regulation 334 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“generation facility” has the same meaning as in Ontario Regulation 116/01 (Electricity Projects) made under the Act;

“renewable energy generation facility” has the same meaning as in the Electricity Act, 1998;

“renewable energy project” has the same meaning as in the Green Energy Act, 2009;

“renewable energy testing facility” has the same meaning as in the Green Energy Act, 2009;

“renewable energy testing project” has the same meaning as in the Green Energy Act, 2009;

2. Subsection 5 (2) of the Regulation is amended by adding the following clause:

(e) it is a road or a water crossing that is required to provide access to a renewable energy generation facility or renewable energy testing facility;

3. Clause 6 (1) (k) of the Regulation is revoked and the following substituted:

(k) the Minister of Consumer Services; and

4. Section 7 of the Regulation is amended by striking out “Public Infrastructure Renewal” in the portion before clause (a) and substituting “Energy and Infrastructure”.

5. Section 15 of the Regulation is revoked and the following substituted:

15. (1) An undertaking by or on behalf of Her Majesty in right of Ontario, a municipality or municipalities or a public body or public bodies in respect of the planning, designing, establishing, constructing, operating, changing, expanding or retiring of a renewable energy generation facility or renewable energy testing facility is exempt from the Act.

(2) Subsection (1) does not apply to an undertaking in respect of a renewable energy generation facility that uses water power as its primary power source.

6. The Regulation is amended by adding the following section:

15.0.1 An undertaking by or on behalf of Her Majesty in right of Ontario that is being carried out only for the purposes of implementing a renewable energy project or renewable energy testing project is exempt from the Act.

7. This Regulation comes into force on the later of the day subsection 4 (1) of Schedule G to the Green Energy and Green Economy Act, 2009 comes into force and the day this Regulation is filed.