O. Reg. 328/09: DEFINITIONS AND EXEMPTIONS


Published: 2009-09-09

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ontario regulation 328/09

made under the

Electricity Act, 1998

Made: September 8, 2009
Filed: September 9, 2009
Published on e-Laws: September 11, 2009
Printed in The Ontario Gazette: September 26, 2009

Amending O. Reg. 160/99

(Definitions and Exemptions)

1. (1) Subsection 1 (1) of Ontario Regulation 160/99 is amended by adding the following definitions:

“agricultural waste” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act;

“anaerobic digestion” means the decomposition of organic matter by bacteria in an oxygen-limiting environment;

“biodiesel” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act;

“biofuel” means a liquid fuel made solely from biomass and includes ethanol, methanol and biodiesel;

“biogas” means a gaseous fuel that is,

(a) landfill gas, or

(b) a gas made from the anaerobic digestion of, or any combination of,

(i) biomass,

(ii) source separated organics, or

(iii) organic matter, other than biomass, that is derived from a plant or animal and that is available at a farm operation;

“biomass” means organic matter, other than source separated organics, that is derived from a plant or animal, is available on a natural renewable basis and is,

(a) grown or harvested for the purpose of being used to generate electricity,

(b) waste from harvesting or processing agricultural products or waste from processing forestry products, including spent pulping liquor,

(c) agricultural waste,

(d) organic waste materials from a greenhouse, nursery, garden centre or flower shop,

(e) pulp and paper biosolids,

(f) waste from food processing, distribution and preparation operations, such as food packing, food preserving, wine making, cheese making, restaurants and grocery stores, and includes, as an example, organic waste from the treatment of wastewater from facilities where food or feed is processed or prepared,

(g) sewage biosolids,

(h) hauled sewage,

(i) waste from the operation of a sewage works subject to the Ontario Water Resources Act,


(j) woodwaste, or

(k) forest resources made available under a forest management plan approved under the Crown Forest Sustainability Act, 1994 or a managed forest plan approved under the Managed Forest Tax Incentive Program;

“farm operation” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act;

“hauled sewage” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act;

“municipal waste” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act;

“pulp and paper biosolids” has the same meaning as in Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002;

“sewage biosolids” has the same meaning as in Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002;

“source separated organics” means organic waste that has been separated from other waste under a program operated by or for a municipality;

“woodwaste” has the same meaning as in Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act.


(2) Section 1 of the Regulation is amended by adding the following subsections:

(1.1) For the purposes of the definition of “biomass” in subsection (1), biomass does not include,

(a) peat or peat derivatives; and

(b) municipal waste, other than organic matter referred to in paragraphs (b) through (j) of the definition of “biomass”.

. . . . .

(4) For the purposes of the definition of “renewable energy generation facility” in the Act, the following associated or ancillary equipment, systems and technologies are prescribed:

1. Transmission or distribution lines of less than 50 kilometres in length that are associated with or ancillary to a renewable energy generation facility.

2. Transformer stations or distribution stations that are associated with or ancillary to a renewable energy generation facility.

3. Any transportation systems that are associated with or ancillary to the provision of access to a renewable energy generation facility, during the construction, installation, use, operation, changing or retiring of a renewable energy generation facility.

(5) For the purposes of subsection (4), the following apply:

1. A distribution line is associated with or ancillary to a renewable energy generation facility if the line is used to distribute electricity within the facility or from the facility to the distribution system of the distributor in whose distribution service area the renewable energy generation facility is located.

2. A transmission line is associated with or ancillary to a renewable energy generation facility if the line is used to transmit electricity within the facility or from the facility to the IESO-controlled grid.

3. A transformer station or distribution station is associated with or ancillary to a renewable energy generation facility if the station is used to transform the voltage of electricity at the facility, on a transmission line or on a distributor’s distribution system which is associated with or ancillary to the facility.

4. A transportation system includes all transportation systems constructed solely to provide access to the renewable energy generation facility, including transportation systems on Crown land, but does not include a highway which is intended for or used by the general public for the passage of vehicles.

(6) For the purposes of the definition of “renewable energy generation facility” in the Act, the following classes of waste disposal sites are prescribed:

1. A waste disposal site where the material referred to in clause (b) of the definition of biogas is subject to anaerobic digestion.

2. A waste disposal site where biomass is thermally treated.

2. This Regulation comes into force on the later of the day subsection 1 (2) of Schedule B to the Green Energy and Green Economy Act, 2009 comes into force and the day this Regulation is filed.

 

 

 

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