ontario regulation 361/09

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 O. Reg. 101/07

(Waste Management Projects)

1. (1) Subsection 1 (1) of Ontario Regulation 101/07 is amended by adding the following definitions:

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

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

(2) Paragraph 1 of subsection 1 (2) of the Regulation is revoked.

2. The Regulation is amended by adding the following Part:

Part I.1
Application — Renewable energy generation facilities

1.1 (1) This Regulation does not apply in respect of a waste disposal site that is a renewable energy generation facility.

(2) Despite subsection (1), this Regulation applies in respect of an undertaking designated under this Regulation that is a waste disposal site that is a renewable energy generation facility if,

(a) on a day before the day that subsection 4 (1) of Schedule G to the Green Energy and Green Economy Act, 2009 comes into force,

(i) the proponent was authorized under Part II or II.1 of the Act to proceed with the undertaking,

(ii) a notice of completion was issued or published by the proponent in respect of the undertaking and the proponent of the undertaking entered into a power purchase agreement with the Ontario Power Authority in respect of the supply of renewable energy from the undertaking, or

(iii) a statement of completion was filed with the Director of the Environmental Assessment and Approvals Branch in respect of the undertaking and all of the approvals, permits and other instruments mentioned in subsection 47.3 (1) of the Environmental Protection Act that are required to construct, install, operate or use the facility have been obtained;

(b) the facility has a name plate capacity of less than or equal to 500 kW and on an annual basis, less than 90 per cent of the electricity generated at the facility is generated from a renewable energy source;

(c) the facility has a name plate capacity of greater than 500 kW and on an annual basis, less than 95 per cent of the electricity generated at the facility is generated from a renewable energy source; or

(d) the undertaking consists of the changing of a facility mentioned in clause (a), (b) or (c).

3. Section 17 of the Regulation is amended by striking out “from the site under the Environmental Protection Act” and substituting “from the site for final disposal under the Environmental Protection Act”.

4. Paragraph 7 of section 23 of the Regulation is amended by striking out “hauled liquid industrial waste” and substituting “liquid industrial waste”.

5. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsection 1 (1) and section 2 come 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.