• New Regulations encompass:  

               Environmental Protection Act

               Environmental Assessment Act

               Environmental Bill of Rights

               Planning Act

               Policies and Regulations of MNR

 

• Work permits and/or approval to occupy Crown Land, as well as permits under the Endangered Species Act (2007), are required by MNR.

 

• Prior to submitting an application for Renewable Energy Approval (REA), the applicant must:

 

1)    Describe project and location.

 

2)    Assess and mitigate potential environmental effects during:    

-         Construction

-         Operation

-         Decommissioning

 

3)     Engage the public, municipalities, and aboriginal communities.

 

4)    Demonstrate how the project will meet required MOE setbacks.

 

5)    Prepare a report of the findings of any environmental studies, construction plans, operation and decommissioning of project.

 

• Applicant must hold at least two (2) effective community consultation meetings:

 

• One at start of Project Planning.
• 60 days before REA application is made, the applicant must make available any studies relating to the project.

 

• Second consultation occurs when all information has been gathered for REA application (to be shared with all stakeholders).

 

• Municipal consultation is mandatory 90 days before submitting REA:

 

• Municipal feedback required for Municipal Services and infastructure (i.e. road access), rehabilitation of areas damaged during construction, emergency management procedures, etc.

 

• Consultation with Aboriginal Communities Mandatory.

 

Upon Submission of REA 

 

 

• Once application for REA is submitted, a “notice of proposal” is posted on the Environmental Registry (by MOE) for public review and comment.

 

• Final decision for approval rests with Director of MOE.

 

• Decision posted on Environmental Registry.

 

• Concerned Parties must request an appeal to the Environmental Review Tribunal within 15 days of decision notification.

 

• There are two (2) grounds for appeal: 

1.  Health

2.  Irreversible damage to Environment

 

• Tribunal must make decision within 6 months.

 

• If no decision made within 6 months, the Director’s decision is confirmed.

 

• Provincial Court is an option of last resort (error of law committed).

 

FEDERAL REQUIREMENTS 

 

 

• Entirely separate from the Provincial requirement, the applicant must meet requirements of various Federal Agencies:

 

• Canadian Broadcasting Corporation
• RCMP
• Transport Canada 
• Fisheries and Oceans Canada 
• Environment Canada
• Parks Canada
• Natural Resources Canada
• Canadian Environmental Agency (coordinating body)