The Green Energy and Green Economy Act, 2009 ("Act") received Royal Assent on May 14, 2009 but has not yet been proclaimed in force, pending the development of regulations pursuant to the statute. The Act is intended to facilitate the expansion of clean and renewable sources of energy including wind, water, solar, biomass and biogas power in Ontario. During the summer months the MOE and the Ministry of Natural Resources posted a proposed regulation and regulatory amendments pursuant to the Environmental Protection Act, the Environmental Assessment Act, and the Environmental Bill of Rights, 1993 for public comment.

In summary, the regulation and regulatory amendments are aimed at providing for a streamlined and coordinated provincial approval process, reducing duplication and providing certainty to project developers. A variety of exemptions are proposed including exemptions from the Electricity Projects Regulation (O. Reg. 116/01) for facilities <200 MW, exemptions for biomass generated at waste disposal sites from the Waste Management Projects regulation (O. Reg. 101/07) and exemptions for Crown undertakings in support of renewable energy projects such as municipal road and water crossing projects. The is also proposed to designate Renewable Energy Approvals under the EBR but to specify that Leave to Appeal provisions do not apply. In their place, an appeal as of right for third parties is proposed under the EPA.

Gowlings reported on the proposed regulations in Energy@Gowlings, which is available at http://www.gowlings.com/resources/enewsletters/energy/Htmfiles/ V7N07_20090622.en.html#4.

Further information is available at http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTA2NDQ5&statusId=MTU5NjQ1&language=en.