O. Reg. 333/12: RENEWABLE ENERGY APPROVALS UNDER PART V.0.1 OF THE ACT

Link to law: http://www.ontario.ca/laws/regulation/r12333
Published: 2012-11-02

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ontario regulation 333/12

made under the

Environmental Protection Act

Made: October 31, 2012
Filed: November 2, 2012
Published on e-Laws: November 5, 2012
Printed in The Ontario Gazette: November 17, 2012

Amending O. Reg. 359/09

(RENEWABLE ENERGY APPROVALS UNDER PART V.0.1 OF THE ACT)

1. (1) Clause (f) of the definition of “natural feature” in subsection 1 (1) of Ontario Regulation 359/09 is revoked.

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“Natural Heritage Assessment Guide” means the document entitled “Natural Heritage Assessment Guide for Renewable Energy Projects”, published by the Ministry of Natural Resources and available on the website of that Ministry, as amended from time to time;

(3) The definition of “valleyland” in subsection 1 (1) of the Regulation is revoked.

2. Paragraph 2 of subsection 16 (6) of the Regulation is amended by striking out “clauses 38 (2) (b) and (c)” and substituting “clauses 37 (2) (b) and (c), 38 (2) (b) and (c)”.

3. Subparagraph 3 ii of subsection 17 (1) of the Regulation is amended by striking out “clauses 38 (2) (b) and (c)” and substituting “clauses 37 (2) (b) and (c), 38 (2) (b) and (c)”.

4. Subsection 24 (2) of the Regulation is amended by striking out “established or accepted by the Ministry of Natural Resources, as amended from time to time” at the end and substituting “as set out in the Natural Heritage Assessment Guide”.

5. Clause 25 (2) (a) of the Regulation is amended by striking out “Protected Countryside” and substituting “Natural Heritage System”.

6. (1) Subsection 26 (1) of the Regulation is revoked and the following substituted:

Natural heritage, site investigation

(1) Subject to subsection (1.1), for the purposes of conducting a site investigation mentioned in paragraph 2 of subsection 24 (1), a person who proposes to engage, as part of a renewable energy project, in an activity described in Column 1 of the following Table shall ensure that an investigation set out opposite the description in Column 2 of the Table is conducted, either by visiting the site or by an alternative investigation of the site, for the purpose of making the determinations set out opposite the description in Column 3 of the Table:

Table

 


Item


Column 1


Column 2


Column 3




 


Description of activity


Investigation


Determinations to be made




1.


Any of the following activities:
  1. The construction, installation or expansion of a transmission or distribution line.
  2. The expansion of an existing transformer station, distribution station or transportation system.
  3. If it is engaged in with respect to a Class 3 solar facility, any construction, installation or expansion in addition to the activities described in paragraphs 1 and 2.


Investigation of the air, land and water within 50 metres of any part of the project location on which the activities described in Item 1 of Column 1 are engaged in.


  1. Whether the results of the analysis summarized in the report prepared under subsection 25 (3) are correct or require correction, and identifying any required corrections.
  2. Whether any additional natural features exist, other than those that were identified in the report prepared under subsection 25 (3).
  3. The boundaries, located within 50 metres of the project location, of any natural feature that was identified in the records review or the site investigation.
  4. The distance from the project location to the boundaries determined under paragraph 3.




2.


Any activity other than the activities described in Item 1.


Investigation of the air, land and water within 120 metres of any part of the project location on which the activity described in Item 2 of Column 1 is engaged in.


  1. Whether the results of the analysis summarized in the report prepared under subsection 25 (3) are correct or require correction, and identifying any required corrections.
  2. Whether any additional natural features exist, other than those that were identified in the report prepared under subsection 25 (3).
  3. The boundaries, located within 120 metres of the project location, of any natural feature that was identified in the records review or the site investigation.
  4. The distance from the project location to the boundaries determined under paragraph 3.




(2) Paragraphs 2 and 3 of subsection 26 (3) of the Regulation are revoked and the following substituted:

2. Information establishing the type of each natural feature identified in the records review and in the site investigation.

3. A map showing,

i. all boundaries required to be determined under Column 3 of the Table to subsection (1),

ii. the location and type of each natural feature identified in relation to the project location, and

iii. all distances required to be determined under Column 3 of the Table to subsection (1).

7. (1) Subsection 27 (2) of the Regulation is amended by striking out “a valleyland” in the portion before clause (a).

(2) Clause 27 (2) (b) of the Regulation is amended by striking out “established or accepted by the Ministry of Natural Resources, as amended from time to time, for significant natural features” at the end and substituting “for significant natural features, as set out in the Natural Heritage Assessment Guide”.

(3) Clause 27 (3) (b) of the Regulation is amended by striking out “established or accepted by the Ministry of Natural Resources, as amended from time to time, for provincially significant natural features” at the end and substituting “for provincially significant natural features, as set out in the Natural Heritage Assessment Guide”.

(4) Clause 27 (6) (b) of the Regulation is revoked and the following substituted:

(b) an area that has been identified by the Ministry of Natural Resources, using evaluation procedures set out in the Natural Heritage Assessment Guide, as an area of natural and scientific interest (life science) but that has not been identified by that Ministry as provincially significant.

8. Paragraphs 1 to 3 of subsection 28 (2) of the Regulation are revoked and the following substituted:

1. Confirmation that the determination of the existence of natural features and the boundaries of natural features was made using applicable evaluation criteria or procedures set out in the Natural Heritage Assessment Guide.

2. If no natural features were identified, confirmation that the site investigation and records review were conducted using applicable evaluation criteria or procedures set out in the Natural Heritage Assessment Guide.

3. Confirmation that the evaluation of the significance or provincial significance of the natural features was conducted using applicable evaluation criteria or procedures set out in the Natural Heritage Assessment Guide.

9. Paragraph 4 of subsection 32.3 (1) of the Regulation is amended by striking out “required to be obtained or prepared under section 32.4” and substituting “mentioned in paragraph 3 of subsection 32.2 (2) or required to be obtained or prepared under section 32.4”.

10. Clause 34 (b) of the Regulation is revoked and the following substituted:

(b) has been confirmed in writing by the Ministry of Natural Resources to have been determined to be significant or provincially significant, as the case may be, using applicable evaluation criteria or procedures set out in the Natural Heritage Assessment Guide.

11. (1) Subsection 35 (1) of the Regulation is revoked and the following substituted:

Associated transformers

(1) Subject to subsections (1.0.1) to (2), no person shall construct, install or expand a transformer substation that forms part of a renewable energy generation facility and that is capable of operating at a nominal voltage of 50 kV or more unless,

(a) the transformer substation is constructed, installed or expanded with an acoustic barrier with a density of at least 20kg/m2

that breaks the line of sight with any noise receptors and is located at a distance of at least 500 metres from any noise receptors; or

(b) the transformer substation is located at a distance of at least 1,000 metres from any noise receptors.

(1.0.1) Subsection (1) applies in respect of a noise receptor described in paragraph 4 of subsection 1 (4) only if the noise receptor is specified in the renewable energy approval.

(2) Subsections 35 (1.2) to (1.6) of the Regulation are revoked and the following substituted:

(1.2) If the person proposing to construct, install or expand the transformer substation as part of a Class 4 or 5 wind facility issued or published a notice of completion in respect of the renewable energy generation facility pursuant to Ontario Regulation 116/01 (Electricity Projects) made under the Environmental Assessment Act, subsection (1) does not apply in respect of a noise receptor that did not exist on the day on which the notice was issued or published.

(1.3) Subsection (1) does not apply in respect of a noise receptor that did not exist on the day the person proposing to construct, install or expand the transformer substation as part of a Class 4 or 5 wind facility submitted an application for the issue of a renewable energy approval in respect of the renewable energy project.

(1.4) If the person proposing to construct, install or expand the transformer substation as part of a Class 4 or 5 wind facility has not yet submitted an application for the issue of a renewable energy approval in respect of a renewable energy project, has published or posted notice of a draft site plan in accordance with subclause 54.1 (c) (i) or (ii) and the following conditions are met, subsection (1) does not apply in respect of a noise receptor that did not exist on the day before the person first published or posted the notice of the draft site plan:

1. If the construction, installation or expansion is on private land, the person must have obtained property rights sufficient to permit the construction, installation or expansion of all of the transformer substation that is proposed to form part of the wind facility.

2. The person must submit an application for the issue of a renewable energy approval in respect of the renewable energy project within 18 months after the publication or posting of the notice.

3. The person must meet the requirements set out in section 54.1 in respect of each draft site plan that is made available.

4. If the person proposes to change the location of the transformer substation, the person must, within the 18-month period mentioned in paragraph 2, prepare an updated draft site plan and meet the requirements set out in section 54.1 in respect of each updated draft site plan.

5. If the notice of a draft site plan or updated draft site plan is published or posted after the day Ontario Regulation 333/12 made under the Act came into force, the person must prepare a draft report in accordance with the publication of the Ministry of the Environment entitled “Noise Guidelines for Wind Farms”, dated October 2008, as amended from time to time and available from the Ministry and make the draft report available along with the draft site plan in accordance with clauses 54.1 (d) and (e).

(1.5) Subsection (1) does not apply in respect of a noise receptor that did not exist on the day before the person proposing to construct, install or expand the transformer substation

as part of a Class 4 or 5 wind facility made the location of the proposed wind turbine available to the public by publishing the location in a newspaper or on the person’s website, if the person has a website, or by disclosing the location at a public meeting required to be held under section 16, if the following conditions are met:

1. The day the location information was made available to the public must have been a day before subsection 1 (1) of Ontario Regulation 521/10 made under the Act came into force.

2. The person must submit an application for the issue of a renewable energy approval in respect of the renewable energy project within six months after the day subsection 1 (1) of Ontario Regulation 521/10 made under the Act came into force or within a longer period of time as may have been specified by the Director.

12. Section 37 of the Regulation is amended by adding the following subsection:

(2) Paragraphs 1 and 2 of subsection (1) do not apply in respect of the construction or installation of a transmission or distribution line that is being constructed or installed as part of the renewable energy generation facility or the expansion of an existing transmission or distribution line, transformer station, distribution station or transportation system that is to form part of the renewable energy generation facility if, as part of the application for the issue of a renewable energy approval in respect of the renewable energy project, the applicant submits,

(a) an environmental impact study report prepared in accordance with the Natural Heritage Assessment Guide, that,

(i) identifies and assesses any negative environmental effects of the project on a wetland referred to in paragraph 1 or 2 of subsection (1),

(ii) identifies mitigation measures in respect of any negative environmental effects mentioned in subclause (i),

(iii) describes how the environmental effects monitoring plan set out in paragraph 4 of Item 4 of Table 1 addresses any negative environmental effects mentioned in subclause (i),

(iv) describes how the construction plan report prepared in accordance with Table 1 addresses any negative environmental effects mentioned in subclause (i), and

(v) explains why it is not reasonable for the project location to be entirely outside the locations mentioned in paragraphs 1 and 2 of subsection (1);

(b) written confirmation from the Ministry of Natural Resources that the report mentioned in clause (a) has been prepared in accordance with the Natural Heritage Assessment Guide; and

(c) any written comments provided by the Ministry of Natural Resources to the applicant in respect of the project. 

13. (1) Subsection 38 (1) of the Regulation is revoked and the following substituted:

Specified natural features

(1) No person shall engage in an activity described in Column 1 of the following Table in respect of a renewable energy generation facility as part of a renewable energy project at a project location that is in any of the locations described opposite the activity in Column 2 of the Table:

Table

 


 


Column 1


Column 2




Item


Activity


Location in which activity is prohibited




1.


  1. The construction, installation or expansion of a transmission or distribution line.
  2. The expansion of an existing transformer station, distribution station or transportation system.
  3. If it is engaged in with respect to a Class 3 solar facility, any construction, installation or expansion in addition to the activities described in paragraphs 1 and 2.


  1. A provincially significant northern wetland or within 50 metres of a provincially significant northern wetland.
  2. Within 50 metres of a provincially significant southern wetland.
  3. Within 50 metres of a provincially significant coastal wetland.
  4. A provincially significant area of natural and scientific interest (earth science) or within 50 metres of a provincially significant area of natural and scientific interest (earth science).
  5. A provincially significant area of natural and scientific interest (life science) or within 50 metres of a provincially significant area of natural and scientific interest (life science).
  6. A significant woodland or within 50 metres of a significant woodland.
  7. A significant wildlife habitat or within 50 metres of a significant wildlife habitat.
  8. Within 50 metres of a provincial park.
  9. Within 50 metres of a conservation reserve.




2.


Any construction, installation or expansion other than construction, installation or expansion described in Item 1.


  1. A provincially significant northern wetland or within 120 metres of a provincially significant northern wetland.
  2. Within 120 metres of a provincially significant southern wetland.
  3. Within 120 metres of a provincially significant coastal wetland.
  4. A provincially significant area of natural and scientific interest (earth science) or within 50 metres of a provincially significant area of natural and scientific interest (earth science).
  5. A provincially significant area of natural and scientific interest (life science) or within 120 metres of a provincially significant area of natural and scientific interest (life science).
  6. A significant woodland or within 120 metres of a significant woodland.
  7. A significant wildlife habitat or within 120 metres of a significant wildlife habitat.
  8. Within 120 metres of a provincial park.
  9. Within 120 metres of a conservation reserve.




(2) Subclause 38 (2) (a) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(a) an environmental impact study report prepared in accordance with the Natural Heritage Assessment Guide, that,

. . . . .

(3) Subclause 38 (2) (a) (i) of the Regulation is amended by striking out “paragraphs 1 to 10 of subsection (1)” at the end and substituting “the Table to subsection (1)”.

(4) Clause 38 (2) (b) of the Regulation is amended by striking out “any procedures established by that Ministry, as amended from time to time” at the end and substituting “the Natural Heritage Assessment Guide”.

14. (1) Subsection 41 (2) of the Regulation is amended by striking out “renewable energy facility” and substituting “renewable energy generation facility”.

(2) Subsection 41 (4) of the Regulation is revoked and the following substituted:

(4) No person shall engage in an activity described in Column 1 of the following Table in respect of a renewable energy generation facility as part of a renewable energy project at a project location that is in any of the locations in the Natural Heritage System that are described opposite the activity in Column 2 of the Table:

Table

 


 


Column 1


Column 2




Item


Activity


Location in Natural Heritage System in which activity is prohibited




1.


  1. The construction, installation or expansion of a transmission or distribution line.
  2. The expansion of an existing transformer station, distribution station or transportation system.
  3. If it is engaged in with respect to a Class 3 solar facility, any construction, installation or expansion in addition to the activities described in paragraphs 1 and 2.


  1. A southern wetland that is not a provincially significant southern wetland or within 50 metres of a southern wetland that is not a provincially significant southern wetland.
  2. A sand barrens, savannah or tallgrass prairie or within 50 metres of a sand barrens, savannah or tallgrass prairie.
  3. An alvar or within 50 metres of an alvar.
  4. An area of natural and scientific interest (life science) that is mentioned in clause 27 (6) (b) or within 50 metres of an area of natural and scientific interest (life science) that is mentioned in that clause.




2.


Any construction, installation or expansion other than construction, installation or expansion described in Item 1.


  1. A southern wetland that is not a provincially significant southern wetland or within 120 metres of a southern wetland that is not a provincially significant southern wetland.
  2. A sand barrens, savannah or tallgrass prairie or within 120 metres of a sand barrens, savannah or tallgrass prairie.
  3. An alvar or within 120 metres of an alvar.
  4. An area of natural and scientific interest (life science) that is mentioned in clause 27 (6) (b) or within 120 metres of an area of natural and scientific interest (life science) that is mentioned in that clause.




(3) Clause 41 (5) (a) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(a) an environmental impact study report prepared in accordance with the Natural Heritage Assessment Guide, that,

. . . . .

(4) Subclause 41 (5) (a) (i) of the Regulation is amended by striking out “paragraphs 1 to 4 of subsection (4)” at the end and substituting “the Table to subsection (4)”.

(5) Clause 41 (5) (b) of the Regulation is amended by striking out “any procedures established by that Ministry, as amended from time to time” and substituting “the Natural Heritage Assessment Guide”.

15. (1) Subsection 43 (1) of the Regulation is revoked and the following substituted:

Specified natural features

(1) No person shall engage in an activity described in Column 1 of the following Table in respect of a renewable energy generation facility as part of a renewable energy project at a project location that is in any of the locations described opposite the activity in Column 2 of the Table:

Table

 


 


Column 1


Column 2




Item


Activity


Location in which activity is prohibited




1.


  1. The construction, installation or expansion of a transmission or distribution line.
  2. The expansion of an existing transformer station, distribution station or transportation system.
  3. If it is engaged in with respect to a Class 3 solar facility, any construction, installation or expansion in addition to the activities described in paragraphs 1 and 2.


  1. A southern wetland that is not a provincially significant southern wetland or within 50 metres of a southern wetland that is not a provincially significant southern wetland.
  2. A sand barrens, savannah or tallgrass prairie or within 50 metres of a sand barrens, savannah or tallgrass prairie.
  3. An area of natural and scientific interest (life science) that is mentioned in clause 27 (6) (b) or within 50 metres of an area of natural and scientific interest (life science) that is mentioned in that clause.




2.


Any construction, installation or expansion other than construction, installation or expansion described in Item 1.


  1. A southern wetland that is not a provincially significant southern wetland or within 120 metres of a southern wetland that is not a provincially significant southern wetland.
  2. A sand barrens, savannah or tallgrass prairie or within 120 metres of a sand barrens, savannah or tallgrass prairie.
  3. An area of natural and scientific interest (life science) that is mentioned in clause 27 (6) (b) or within 120 metres of an area of natural and scientific interest (life science) that is mentioned in that clause.




(2) Subclause 43 (3) (a) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(a) an environmental impact study report prepared in accordance with the Natural Heritage Assessment Guide, that,

. . . . .

(3) Subclause 43 (3) (a) (i) of the Regulation is amended by striking out “paragraphs 1 to 3 of subsection (1)” at the end and substituting “the Table to subsection (1)”.

(4) Clause 43 (3) (b) of the Regulation is amended by striking out “procedures established by that Ministry, as amended from time to time” and substituting “the Natural Heritage Assessment Guide”.

(5) Subsection 43 (4) of the Regulation is amended by striking out “paragraph 1, 2 or 3 of subsection (1)” and substituting “the Table to subsection (1)”. 

16. Subsections 54 (1) to (1.6) of the Regulation are revoked and the following substituted:

Specified wind turbines, prohibition and requirements

(1) Subject to subsections (1.1) to (2), no person shall construct, install or expand a wind turbine that meets the following criteria unless the centre of the base of the wind turbine is located at a distance of at least 550 metres from all noise receptors:

1. The wind turbine has a name plate capacity of greater than or equal to 50 kW.

2. The wind turbine is not located in direct contact with surface water other than in a wetland.

3. The wind turbine has a sound power level that is greater than or equal to 102 dBA.

(1.1) Subsection (1) applies in respect of a noise receptor described in paragraph 4 of subsection 1 (4) only if the noise receptor is specified in the environmental compliance approval or the renewable energy approval.

(1.2) If the person proposing to construct, install or expand the wind turbine issued or published a notice of completion in respect of the renewable energy generation facility pursuant to Ontario Regulation 116/01 (Electricity Projects) made under the Environmental Assessment Act, subsection (1) does not apply in respect of a noise receptor that did not exist on the day on which the notice was issued or published.

(1.3) Subsection (1) does not apply in respect of a noise receptor that did not exist on the day the person proposing to construct, install or expand the wind turbine submitted an application for the issue of an environmental compliance approval or a renewable energy approval in respect of the renewable energy project.

(1.4) If the person proposing to construct, install or expand the wind turbine has not yet submitted an application for the issue of an environmental compliance approval or the issue of a renewable energy approval in respect of the renewable energy project, has published or posted notice of a draft site plan in accordance with subclause 54.1 (c) (i) or (ii) and the following conditions are met, subsection (1) does not apply in respect of a noise receptor that did not exist on the day before the person first published or posted the notice of the draft site plan:

1. If the construction, installation or expansion is on private land, the person must have obtained property rights sufficient to permit the construction, installation or expansion of all of the wind turbines that are proposed to form part of the wind facility.

2. The person must submit an application for the issue of an environmental compliance approval or an application for the issue of a renewable energy approval in respect of the renewable energy project within 18 months after the publication or posting of the notice.

3. The person must meet the requirements set out in section 54.1 in respect of each draft site plan that is made available.

4. If the person proposes to change the location of one or more wind turbines, the person must, within the 18-month period mentioned in paragraph 2, prepare an updated draft site plan and meet the requirements set out in section 54.1 in respect of each updated draft site plan.

5. If the notice of a draft site plan or updated draft site plan is published or posted after the day Ontario Regulation 333/12 made under the Act came into force, the person must prepare a draft report in accordance with the publication of the Ministry of the Environment entitled “Noise Guidelines for Wind Farms”, dated October 2008, as amended from time to time and available from the Ministry and make the draft report available along with the draft site plan in accordance with clauses 54.1 (d) and (e).

(1.5) Subsection (1) does not apply in respect of a noise receptor that did not exist on the day before the person proposing to construct, install or expand the wind turbine made the location of the proposed wind turbine available to the public by publishing the location in a newspaper or on the person’s website, if the person has a website, or by disclosing the location at a public meeting required to be held under section 16, if the following conditions are met:

1. The day the location information was made available to the public must have been a day before subsection 1 (1) of Ontario Regulation 521/10 made under the Act came into force.

2. The person must submit an application for the issue of an environmental compliance approval or a renewable energy approval in respect of the renewable energy project within six months after the day subsection 1 (1) of Ontario Regulation 521/10 made under the Act came into force or within a longer period of time as may have been specified by the Director.

17. (1) Section 54.1 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Wind turbine location publication

54.1 Subsections 35 (1.4), 54 (1.4) and 55 (2.4) apply only if the person proposing to construct, install or expand the wind turbine or transformer substation, as the case may be,

. . . .

(2) Clause 54.1 (a) of the Regulation is revoked and the following substituted:

(a) includes in the draft site plan in respect of the project location one or more maps or diagrams, drawn to a scale of at least 1 cm: 500 m, of the renewable energy generation facility, including,

(i) existing roads situated within 300 metres of the renewable energy generation facility,

(ii) wind turbines and transformer substations required in respect of the renewable energy generation facility, and

(iii) any noise receptors that may be negatively affected by the use or operation of the renewable energy generation facility;

(a.1) includes in the draft site plan in respect of the project location a description of each of the items diagrammed under clause (a);

(3) Clause 54.1 (b) of the Regulation is amended by adding the following subclause:

(viii) if the notice is in respect of an updated draft site plan, a statement to that effect;

18. (1) Subclause 55 (1) (e) (ii) of the Regulation is revoked and the following substituted:

(ii) is identified in a draft site plan of the project location at which the renewable energy project in respect of a wind facility will be engaged in that is made available or distributed in accordance with section 54.1, unless the person proposing to engage in the project did not apply for the renewable energy approval or environmental compliance approval within the period of time specified in paragraph 2 of subsection (2.4), or

(2) Sub-subclause 55 (1) (e) (iii) (B) of the Regulation is revoked and the following substituted:

(B) the person proposing to engage in the project did not apply for the renewable energy approval or environmental compliance approval within the period of time specified in paragraph 2 of subsection (2.5).

(3) Subsection 55 (2) of the Regulation is amended by striking out “subsection (3)” in the portion before paragraph 1 and substituting “subsections (2.1) to (3)”.

(4) Paragraph 1 of subsection 55 (2) of the Regulation is amended by striking out “described in subsection (2.1)”.

(5) Subsections 55 (2.1) to (2.6) of the Regulation are revoked and the following substituted:

(2.1) Subsection (1) applies in respect of a noise receptor described in paragraph 4 of subsection 1 (4) only if the noise receptor is specified in the environmental compliance approval or the renewable energy approval.

(2.2) If the person proposing to construct, install or expand the wind turbine issued or published a notice of completion in respect of the renewable energy generation facility pursuant to Ontario Regulation 116/01 (Electricity Projects) made under the Environmental Assessment Act, subsection (1) does not apply in respect of a noise receptor that did not exist on the day on which the notice was issued or published.

(2.3) Subsection (1) does not apply in respect of a noise receptor that did not exist on the day the person proposing to construct, install or expand the wind turbine submitted an application for the issue of an environmental compliance approval or a renewable energy approval in respect of the renewable energy project.

(2.4) If the person proposing to construct, install or expand the wind turbine has not yet submitted an application for the issue of an environmental compliance approval or an application for the issue of a renewable energy approval in respect of a renewable energy project, has published or posted notice of a draft site plan in accordance with subclause 54.1 (c) (i) or (ii) and the following conditions are met, subsection (1) does not apply in respect of a noise receptor that did not exist on the day before the person first published or posted the notice of the draft site plan:

1. If the construction, installation or expansion is on private land, the person must have obtained property rights sufficient to permit the construction, installation or expansion of all of the wind turbines that are proposed to form part of the wind facility.

2. The person must submit an application for the issue of an environmental compliance approval or an application for the issue of a renewable energy approval in respect of the renewable energy project within 18 months after the publication or posting of the notice.

3. The person must meet the requirements set out in section 54.1 in respect of each draft site plan that is made available.

4. If the person proposes to change the location of one or more wind turbines, the person must, within the 18-month period mentioned in paragraph 2, prepare an updated draft site plan and meet the requirements set out in section 54.1 in respect of each updated draft site plan.

5. If subsection (2) does not apply as a result of subsection (3) and the notice of a draft site plan or updated draft site plan is published or posted after the day Ontario Regulation 333/12 made under the Act came into force, the person must prepare a draft report in accordance with the publication of the Ministry of the Environment entitled “Noise Guidelines for Wind Farms”, dated October 2008, as amended from time to time and available from the Ministry and make the draft report available along with the draft site plan in accordance with clauses 54.1 (d) and (e).

(2.5) Subsection (1) does not apply in respect of a noise receptor that did not exist on the day before the person proposing to construct, install or expand the wind turbine made the location of the proposed wind turbine available to the public by publishing the location in a newspaper or on the person’s website, if the person has a website, or by disclosing the location at a public meeting required to be held under section 16, if the following conditions are met:

1. The day the location information was made available to the public must have been a day before subsection 1 (1) of Ontario Regulation 521/10 made under the Act came into force.

2. The person must submit an application for the issue of an environmental compliance approval or a renewable energy approval in respect of the renewable energy project within six months after the day subsection 1 (1) of Ontario Regulation 521/10 made under the Act came into force or such other time as may have been specified by the Director.

(6) The heading to Column 3 of the Table to section 55 of the Regulation is amended by striking out “described in subsection 55 (2.1)”.

19. (1) Subsection 59 (1) of the Regulation is amended by striking out “subsection (2)” and substituting “subsections (2) and (3)”.

(2) Subparagraph 1 ii of subsection 59 (2) of the Regulation is revoked and the following substituted:

ii. the adjournment is,

A. on the initiative of the Tribunal or granted by the Tribunal on the motion of one of the parties,

B. not being sought for the purpose of adjourning the proceeding pending the resolution of an application for judicial review, and

C. necessary, in the opinion of the Tribunal, to secure a fair and just determination of the proceeding on its merits.

(3) Paragraph 2 of subsection 59 (2) of the Regulation is revoked and the following substituted:

2. If an application for judicial review under the Judicial Review Procedure Act has been commenced with respect to the proceeding, the period of time from the day that the application is commenced until the day that the application is disposed of, if a stay of the proceeding before the Tribunal is granted by the Divisional Court.

(4) Section 59 of the Regulation is amended by adding the following subsection:

(3) For the purposes of calculating the time period mentioned in subsection (1), if an adjournment of the proceeding pending the resolution of an application for judicial review under the Judicial Review Procedure Act was granted by the Tribunal before the day Ontario Regulation 333/12 made under the Act comes into force, the following periods of time shall be excluded from the calculation of time:

1. The period of time from the day the application was commenced until the day the application was disposed of, if the application was disposed of before the day Ontario Regulation 333/12 made under the Act comes into force.

2. The period of time from the day the application was commenced until the day Ontario Regulation 333/12 comes into force, if the application has not been disposed of before the day Ontario Regulation 333/12 comes into force.

Commencement

20. This Regulation comes into force on the later of November 1, 2012 and the day this Regulation is filed.