Wynne’s first new law returns energy project control to municipalities
Wind Energy and the Planning Act
by DIANNE SAXE on FEBRUARY 22, 2013
The new Premier has lost no time filling her promise to give municipalities back control over renewable energy projects. Bill 2, the very first new proposed law in the Wynne mandate, eliminates the exemption from Planning Act controls now given to holders of Renewable Energy Approvals.
The current draft provides no exceptions for projects already in the approval process, already approved, or even those already built, and would therefore create an unpredictable amount of confusion and turmoil:
Explanatory Text
The Bill amends the Planning Act to reverse the effect of the amendments made to the Act by Schedule K to the Green Energy and Green Economy Act, 2009. Those amendments exempted renewable energy undertakings from the normal application of the Planning Act, including policy statements, provincial plans, official plans, demolition control by-laws, zoning by-laws and development permit regulations and by-laws.
Bill Text
Bill 2 2013
An Act to amend the Planning Act
Note: This Act amends the Planning Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The definitions of “renewable energy generation facility”, “renewable energy project”, “renewable energy testing facility”, “renewable energy testing project” and “renewable energy undertaking” in subsection 1 (1) of the Planning Act are repealed.
2. (1) Clause 50 (3) (d.1) of the Act is repealed.
(2) Clause 50 (5) (c.1) of the Act is repealed.
3. Section 62.0.2 of the Act is repealed.
Commencement
4. This Act comes into force on the day it receives Royal Assent.
Short title
5. The short title of this Act is the Restoring Planning Powers to Municipalities Act, 2013.
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