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Bill 34, Green Energy Repeal Act, 2018

Rickford, Hon. Greg Minister of Energy, Northern Development and Mines

Royal Assent received. Statutes of Ontario 2018,

chapter 16

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Bill 34 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a reader’s

aid to Bill 34 and does not form part of the law.

Bill 34 has been enacted as

Chapter 16 of the Statutes of Ontario, 2018.

The

Bill repeals the Green Energy Act, 2009 and

re-enacts various provisions of that Act in the Electricity

Act, 1998 . The re-enacted provisions include the following:

1. Provisions

that authorize the Lieutenant Governor in Council to do the following by

regulation: designate goods, services and technologies in order to promote

energy conservation; designate renewable energy projects, renewable energy

sources or renewable energy testing projects for specified purposes; require a

public agency or a prescribed person to prepare and submit to the Ministry an

energy conservation and demand management plan; and require the reporting of

information, including information in respect of energy consumption and water

use.

2. Provisions

restricting the sale or lease of appliances or products that do not meet the

prescribed efficiency standards or requirements and restricting the labelling

or marking of appliances and products.

3. Provisions

requiring energy providers to make energy data available in accordance with the

regulations.

The

Bill also amends various other Acts. Some of those amendments are consequential

to the repeal of the Green Energy Act, 2009 . In

addition, the Environmental Protection Act is

amended to authorize the Lieutenant Governor in Council to make regulations

prohibiting the issue or renewal of renewable energy approvals in prescribed

circumstances, which may include circumstances in which the demand for the

electricity that would be generated as part of engaging in the renewable energy

project has not been demonstrated in accordance with the regulations.

The

amendments to the Planning Act include the

following:

1. The

definitions of “renewable energy project”, “renewable energy testing facility”

and “renewable energy testing project” in subsection 1 (1) of the Act are

amended to provide that these terms have the same meaning as in the Electricity Act, 1998 .

2. New

clause 22 (7.2) (

d) provides that there is no appeal to the Local Planning

Appeal Tribunal in respect of a refusal or failure to adopt or approve

requested amendments to an official plan that propose to authorize a renewable

energy undertaking (defined as a renewable energy generation facility, project,

testing facility or testing project). New subsection 34 (11.0.7) provides that

there is no appeal to the Local Planning Appeal Tribunal in respect of all or

any part of an application for an amendment to a zoning by-law passed under

section 34 if the amendment or part of the amendment proposes to permit a

renewable energy undertaking. These new provisions do not apply to an appeal by

the Minister of Municipal Affairs and Housing.

3. Clauses

50 (3) (d.1) and 50 (5) (c.1) are repealed. These provisions exempt from

subdivision control and part-lot control under

section 50 certain transactions

entered into for the purposes of renewable energy generation facilities or

renewable energy projects.

Section

62.0.2 is repealed. That

section provides that the following do not apply to

renewable energy undertakings: policy statements and provincial plans, with

certain exceptions;

section 24, which requires public works and by-laws to

conform with official plans; demolition control by-laws under

section 33;

zoning by-laws and related by-laws and orders under

Part V; development permit

regulations and by-laws under

section 70.2; by-laws under

section 113 or 114 of

the City of Toronto Act, 2006 ; and orders under

section 17 of the Ontario Planning and Development Act,

1994 .

Section

70.9 is added to give the Lieutenant Governor in Council the power to make

transition regulations in connection with amendments to the Act made by the

Bill, including a regulation that provides that, despite its repeal,

section

62.0.2 applies to specified renewable energy undertakings or in specified

circumstances. New

section 70.9 also sets out immunity provisions related to

the repeal of

section 62.0.2 and the making or revocation of transition

regulations under

section 70.9.

Bill 34 2018

Act to repeal the Green Energy Act, 2009 and to amend the Electricity Act,

1998, the Environmental Protection Act, the Planning Act and various other

statutes

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Electricity

Act, 1998

(1) The definition of “Minister” in subsection 2 (1) of the Electricity Act, 1998 is amended by striking out

“Minister of Energy” and substituting “Minister of Energy, Northern Development

and Mines”.

(2) The

definition of “renewable energy project” in subsection 2 (1) of the Act is

repealed and the following substituted:

“renewable

energy project” means the construction, installation, use, operation, changing

or retiring of a renewable energy generation facility; (“projet d’énergie

renouvelable”)

(3) Subsection

2 (1) of the Act is amended by adding the following

definitions:

“renewable

energy testing facility” means devices or structures to be used to gather

information about natural conditions at the location of the structures or

devices and related infrastructure and that meet such criteria as may be

prescribed by the regulations; (“installation d’évaluation du potentiel en

énergie renouvelable”)

“renewable

energy testing project” means the construction, installation, use, operation,

changing or retiring of a renewable energy testing facility; (“projet

d’évaluation du potentiel en énergie renouvelable”)

The Act is amended by adding the following Part:

Part

ii.3

conservation and energy efficiency

Definition

25.34 In this Part,

“Ministry”

means the ministry of the Minister.

Permissive

designation of goods, services and technologies

25.35

(1) The Lieutenant Governor in Council may, by

regulation, designate goods, services and technologies in order to promote

energy conservation.

Effect

of designation

(2) A

person is permitted to use designated goods, services and technologies in such

circumstances as may be prescribed by regulation, despite any restriction

imposed at law that would otherwise prevent or restrict their use, including a

restriction established by a municipal by-law, a condominium by-law, an

encumbrance on real property or an agreement.

Same

(3) A

restriction imposed at law that would otherwise prevent or restrict the use of

designated goods, services or technologies is inoperative to the extent that it

would otherwise prevent or restrict the use.

Exception

(4) Subsections

(2) and (3) do not apply with respect to a restriction imposed by

an Act or

regulation.

Permissive

designation of renewable energy projects, etc.

25.35.1

(1) The Lieutenant Governor in Council may, by

regulation, designate renewable energy projects, renewable energy sources or

renewable energy testing projects for the following purposes:

1. To assist in the

removal of barriers to and to promote opportunities for the use of renewable

energy sources.

2. To promote access

to transmission systems and distribution systems for proponents of renewable

energy projects.

Effect

of designation

(2) A

person is permitted to engage in activities with respect to a designated

renewable energy project, a designated renewable energy source or a designated

renewable energy testing project in such circumstances as may be prescribed by

regulation, despite any restriction imposed at law that would otherwise prevent

or restrict the activity, including a restriction established by a municipal

by-law, a condominium by-law, an encumbrance on real property or an agreement.

Same

(3) A

restriction imposed at law that would otherwise prevent or restrict an activity

with respect to a designated renewable energy project, a designated renewable

energy source or a designated renewable energy testing project is inoperative

to the extent that it would otherwise prevent or restrict the activity.

Exception

(4) Subsections

(2) and (3) do not apply,

(

a) with

respect to a restriction imposed by

an Act or regulation; or

(

b) with

respect to by-laws, instruments or other restrictions that are prescribed by

regulation or classes of by-laws, instruments or other restrictions that are

prescribed by regulation.

Public

agency, energy conservation and demand management plan

Definition

25.35.2

(1) In this

section and

section 25.35.3,

“public

agency” means a ministry of the Government of Ontario or an entity, including a

municipality, or class of entities that is prescribed by regulation as a public

agency.

Plan

(2) The

Lieutenant Governor in Council may, by regulation, require a public agency to

prepare and submit to the Ministry an energy conservation and demand management

plan.

Requirements

(3) The

energy conservation and demand management plan must comply with any

requirements prescribed by regulation and must include the following

information:

1. A

summary of annual energy consumption for each of the public agency’s prescribed

operations.

2. A

description and a forecast of the expected results of current and proposed

activities and measures to conserve the energy consumed by the public agency’s

prescribed operations and to otherwise reduce the amount of energy consumed by

the public agency, including by employing such energy conservation and demand

management methods as may be prescribed.

3. A

summary of the

progress and achievements in energy conservation and other reductions described

in paragraph 2 since the previous plan.

4. Such additional

information as may be prescribed by regulation.

Specified

targets and standards, public agencies

(4) The

Lieutenant Governor in Council may, by regulation, require a public agency to

achieve targets prescribed by regulation and meet energy and environmental

standards prescribed by regulation, including standards for energy conservation

and demand management.

Implementation

and publication

(5) The

public agency shall,

(

a) implement

the energy conservation and demand management plan and comply with any requirements

prescribed by regulation respecting the implementation of the plan; and

(

b) publish

the plan in accordance with any requirements prescribed by regulation.

Joint

plans

(6) Two

or more public agencies may prepare a joint energy conservation and demand

management plan and may publish and implement it jointly.

Effect

(7) If

the joint plan satisfies the requirements established under this section, the

public agencies are not required to prepare, publish and implement separate

energy conservation and demand management plans for the same period.

Prescribed

person, reporting of energy consumption and water use

25.35.3

(1) The Lieutenant Governor in

Council may, by regulation,

(

a) require

a person prescribed by regulation, other than a public agency, to report to the

Ministry, in the manner prescribed by regulation, energy consumption, water use,

ratings or other performance metrics in respect of energy consumption and water

use and such additional information as may be prescribed by regulation in

respect of each of the person’s properties prescribed by regulation;

(

b) prescribe

circumstances in which the Minister may request that a person mentioned in

clause (

a) undertake verification, in the manner prescribed by regulation, of

any information required to be reported under a regulation made under clause

(

a) or under a notice published under subsection (4); and

(

c) require

a person mentioned in clause (

a) to comply with a request by the Minister under

clause (b).

Manner

of reporting

(2) For

the purposes of clause (1) (a), the regulations may require reporting through

the use of a reporting system prescribed by regulation, including an electronic

reporting system administered by a third party and a reporting system that

generates ratings or other performance metrics in respect of energy consumption

and water use.

Verification

(3) For

the purposes of clause (1) (b), the regulations may specify that the

verification must be conducted by a person prescribed by regulation.

Minister’s

notice, additional requirements

(4) The

Minister may, by publishing notice in the registry under the Environmental Bill of Rights, 1993 , require a person prescribed

by regulation under clause (1) (

a) to report to the Ministry, in the manner

prescribed by regulation, energy consumption, water use, ratings or other

performance metrics in respect of energy consumption and water use and any

additional information in respect of each of the person’s properties prescribed

by regulation.

Same

(5) A

notice published under subsection (4) may incorporate another document by

reference and may provide that the reference to the document includes

amendments made to the document from time to time after the notice is published.

Prescribed

person, energy conservation and demand management plan

25.35.4

(1) The Lieutenant Governor in

Council may, by regulation, require a person prescribed by regulation to

prepare and submit to the Ministry an energy conservation and demand management

plan.

Same

(2) A

regulation under subsection (1) may require that the person,

(

a) prepare

the plan in circumstances prescribed by regulation and in accordance with requirements

prescribed by regulation; and

(

b) make

the plan available to the public in accordance with requirements prescribed by

regulation.

Minister

may publish information

25.35.5

(1) Despite any other Act, the

Minister may,

(

a) make

available to the public any of the information required to be reported or

submitted to the Ministry under sections 25.35.3 and 25.35.4; and

(

b) share

any of the information required to be reported or submitted to the Ministry

under sections 25.35.3 and 25.35.4 with another Ministry or agency of the

Government of Ontario, or such other persons or entities as may be prescribed

by regulation for the purposes of this section.

Information

supplied in confidence

(2) If

the Minister has not made information available to the public under clause (1)

(a), the information is deemed, for the purposes of

section 17 of the Freedom of Information and Protection of Privacy Act , to

have been supplied in confidence to the Minister.

Distributors,

requirement to provide information

Definition

25.35.6

(1) In this section,

“distributor”

means,

(

a) a

distributor within the meaning of

section 3 of the Ontario

Energy Board Act, 1998 ,

(

b) a

gas distributor within the meaning of

section 3 of the Ontario

Energy Board Act, 1998 , or

(

c) an

owner or operator of a water works within the meaning of subsection 1 (1) of the

Ontario Water Resources Act .

Information

to be provided

(2) A

distributor that has been prescribed by regulation for the purposes of this

section shall, upon receiving a request from a person who is required to report

under

section 25.35.3 or to prepare a plan under

section 25.35.4 in respect of

a property that meets criteria prescribed by regulation, make available to that

person, in the manner prescribed by regulation, information prescribed by

regulation with respect to the consumption or use of electricity, gas or water

distributed by the distributor to the property.

Same

(3) The

requirements in subsection (2) are subject to any conditions prescribed by

regulation.

Energy

efficiency and efficient use of water

Definition

25.35.7

(1) In this section,

“prescribed

appliance or product” means an appliance or product that has been prescribed by

regulation.

Appliances

and products, efficiency standards

(2) No person shall offer for sale, sell or

lease a prescribed appliance or product unless,

(

a) the appliance or

product meets the efficiency standard or requirement that has been prescribed

by regulation with respect to the appliance or product; and

(

b) a label or other

marking prescribed by regulation that confirms compliance with the efficiency standard

or requirement that has been prescribed by regulation with respect to the

appliance or product is affixed to the appliance or product or provided with

the appliance or product in the manner prescribed by regulation and under the

circumstances prescribed by regulation.

Labels

(3) No

person shall affix to or provide with a prescribed appliance or product a label

or other prescribed marking prescribed by regulation unless the appliance or

product meets the efficiency standard or requirement that has been prescribed

by regulation with respect to the appliance or product.

Application

of subs. (2)

(4) Subsection

(2) does not apply to,

(

a) an appliance or

product that is manufactured on or before a date prescribed by regulation and

that is sold or leased on or before a date prescribed by regulation; or

(

b) a person who is

not in the business of offering for sale, selling or leasing prescribed appliances

or products.

Energy

data

Definitions

25.35.8

(1) In this section,

“account

holder” means a person or entity who has an account with an energy provider;

(“détenteur de compte”)

“energy”

means electricity and such other types of energy prescribed by regulation for

the purposes of this section; (“énergie”)

“energy

data” means such types or classes of data related to the consumption of energy

as may be prescribed by regulation and such other data as may be prescribed by

regulation; (“données énergétiques”)

“energy

provider” means such persons or entities prescribed by regulation for the

purposes of this section. (“fournisseur d’énergie”)

Requirement

to make energy data available

(2) On and after the date prescribed by

regulation, every energy provider shall, in accordance with the regulations,

make the energy data in respect of an account holder available to the account

holder or to such other persons or entities as may be authorized by the account

holder.

Procurement

(3) If

an energy provider enters into a procurement process, contract or arrangement

in relation to the acquisition or development of systems or technology to meet

the requirements of subsection (2), the procurement process, contract or

arrangement shall meet such criteria or requirements as may be prescribed by

regulation.

Additional

requirements

(4) In

addition to the matters set out in this section, an energy provider shall

comply with such other requirements as may be prescribed by regulation for the

purposes of this section.

Extension

of time

(5) The

Board may, in the circumstances prescribed by regulation and subject to the requirements

prescribed by regulation, with or without a hearing, extend the time period for

when an energy provider must comply with subsection (2).

Reports

(6) An

energy provider shall submit to the Board or to the Minister such reports and information

as the Board or the Minister, as the case may be, may require from time to

time.

Regulations

25.35.9

(1) The Lieutenant Governor in Council may make

regulations for the purposes of this Part prescribing anything that is required

or permitted to be prescribed or that is required or permitted to be done in

accordance with the regulations or as provided in the regulations.

Same

(2) In

addition to regulations mentioned in subsection (1), the Lieutenant Governor in

Council may make regulations,

(

a) governing

renewable energy testing facilities in relation to,

(

i) planning,

design, siting, buffer zones, notification and consultation, establishment,

insurance, facilities, staffing, operation, maintenance, monitoring,

record-keeping and improvement, and

(ii) the

discontinuance of the operation of any part of the renewable energy testing

facility;

(

b) governing the

location of renewable energy testing facilities, including prohibiting or

regulating the construction, installation, use, operation or changing of

renewable energy testing facilities in parts of Ontario;

(

c) governing

everything required under or provided for in or that may be prescribed under

sections 25.35.2, 25.35.3 and 25.35.4, including,

(

i) the

periods that may be covered by plans and reports required under those sections

and the intervals for which the plans and reports are required,

(ii) the

submission of the plans, reports and other documents to the Ministry,

(iii) circumstances

in which two or more buildings or structures may be treated as a single property

for the purposes of clause 25.35.3 (1) (a),

(iv) generally

governing how those sections are to be complied with;

(

d) governing

circumstances in which two or more buildings or structures may be treated as a

single property for the purposes of

section 25.35.6;

(

e) with respect to

prescribed appliances or products within the meaning of

section 25.35.7,

(

i) prescribing

energy efficiency standards or requirements for the appliances or products,

(ii) prescribing

water efficiency standards or requirements for the appliances or products that

consume energy,

(iii) regulating

the installation, testing, maintenance and repair of the appliances and

products,

(iv) designating

persons or organizations to test the prescribed appliances and products,

(

v) providing

for the placing of a prescribed label or mark on or with the appliances and

products,

(vi) prescribing

the contents of labels or marks that may be placed on or with the prescribed appliances

and products,

(vii) prescribing

fees to be paid to designated persons or organizations for the testing or

labelling of the appliances and products and prescribing by whom the fees shall

be paid,

(viii) providing

for information to be reported by persons who manufacture, offer for sale, sell

or lease the prescribed appliances or products, including the frequency, time

and manner for reporting,

(ix) governing

the keeping of information, records and documents by persons who manufacture,

offer for sale, sell or lease prescribed appliances or products;

(

f) governing

everything required under or that may be prescribed under

section 25.35.8 and

generally how that

section is to be complied with, including,

(

i) prescribing

types or classes of energy data, including prescribing different types or

classes of energy data for different types or classes of energy or for

different energy providers or classes of energy providers,

(ii) specifying

or clarifying the meaning of “account holder” in

section 25.35.8,

(iii) governing

the manner in which energy data must be made available by energy providers,

(iv) prescribing

requirements relating to how an account holder may authorize another person or

entity to receive energy data,

(

v) prescribing

criteria or requirements that the procurement process, contract or arrangement

must meet for the purpose of subsection 25.35.8 (3),

(vi) governing

certification requirements relating to the implementation of the requirements

under subsection 25.35.8 (2), including requiring energy providers to obtain a

certification, prescribing the manner in which such certification may be

obtained, the persons or entities that are authorized to provide the

certification and any fees to be paid to those persons or entities for the

certification,

(vii) governing

extensions of time that may be granted to energy providers by the Board under

subsection 25.35.8 (5), including prescribing the maximum period for which an

extension may be granted and the circumstances in which an extension may be

granted,

(viii) requiring

and governing reports and information that energy providers or other persons or

entities must provide to the Minister, to the Board or to other persons or

entities, including prescribing the manner and form in which reports or

information must be provided.

Incorporation

of documents

(3) A

regulation under this Part that incorporates another document by reference may

provide that the reference to the document include amendments made to the

document from time to time after the regulation is made.

Classes

of persons, etc.

(4) A

regulation under this Part may create different classes of persons, entities,

appliances or products and may establish different entitlements for, or

relating to, each class or impose different requirements, conditions or

restrictions on, or relating to, each class.

Exemptions,

etc.

(5) A

regulation under this Part may exempt a class or a person, entity, appliance or

product from a specified requirement imposed by this Part or a regulation or

provide that a specified provision of this Part or a regulation does not apply

to the class, person, entity, appliance or product and may prescribe conditions

for the exemption.

Regulations,

transition

25.35.10 The Lieutenant Governor in Council may make

regulations governing transitional matters that, in the opinion of the

Lieutenant Governor in Council, are necessary or desirable to facilitate the

implementation of amendments to this Act arising from the enactment of the Green Energy Repeal Act, 2018 and to facilitate its

implementation.

Amendments

to Other Acts

Conservation

Authorities Act

(1) Subsection 28 (13.1) of the Conservation

Authorities Act is amended by striking out “section 1 of the Green Energy Act, 2009 ” in the portion before clause (

a) and

substituting “subsection 2 (1) of the Electricity Act,

1998 ”.

(2) Subsection

28.1 (6) of the Act is amended by striking out “subsection 1 (1) of the Green Energy Act, 2009 ” in the portion before clause (

a) and substituting “subsection 2 (1) of the Electricity Act,

1998 ”.

Environmental

Protection Act

(1) The definition of “renewable energy project” in subsection 1

(1) of the Environmental Protection Act is amended by

striking out “ Green Energy Act, 2009 ” and

substituting “ Electricity Act, 1998 ”.

(2) Subsection

176 (4.1) of the Act is amended by adding the

following clause:

(e.1) prohibiting

the issue or renewal of renewable energy approvals in prescribed circumstances,

which may include circumstances in which the demand for the electricity that

would be generated as part of engaging in the renewable energy project has not

been demonstrated in accordance with the regulations;

Ministry

of Natural Resources Act

Section 13.2 of the Ministry of Natural Resources Act

is amended by striking out “section 1 of the Green Energy

Act, 2009 ” and substituting “subsection 2 (1) of the Electricity Act, 1998 ”.

Niagara

Escarpment Planning and Development Act

Subsection 19 (2.1) of the Niagara Escarpment Planning and

Development Act is repealed and the following substituted:

Definition

of utility

(2.1) On

the day

section 6 of the Green Energy Repeal Act, 2018

comes into force, the definition of “utility” in Appendix 2 of the Niagara

Escarpment Plan is revoked and the following substituted:

Utility:

a water supply; storm or sanitary sewage system; gas or oil pipeline; the

generation, transmission and distribution of electric power, including

renewable energy projects as defined in the Electricity

Act, 1998 , commercial or otherwise, and all associated infrastructure;

the generation, transmission and distribution of steam or hot water; telegraph

and telephone lines and other cabled services; a public transportation system;

licensed broadcasting, receiving and transmitting facilities; or any other

similar works or systems necessary to the public interest, but does not

include:

(

a) the

establishment of a new waste disposal site;

(

b) any

expansion or alteration to an existing waste disposal site from what has been

approved under the applicable legislation (including any expansion in area or

height of a landfill site or any change in the type of waste material

being disposed);

(

c) incineration

facilities (including energy from waste facilities); or

(

d) large

scale packer and/or recycling plants or similar uses.

Ontario

Energy Board Act, 1998

(1) Clause (c.3) of the definition of “enforceable provision” in

section 3 of the Ontario Energy Board Act, 1998 is

repealed and the following substituted:

(c.3)

section

25.35.8 of the Electricity Act, 1998 or a provision

of a regulation made under that section,

(2) Subsection

26.1 (1) of the Act is amended by striking out “the Green

Energy Act, 2009 ” in the portion before paragraph 1.

Planning

Act

(1) The definition of “renewable energy project” in subsection 1

(1) of the Planning Act is amended by striking out “ Green Energy Act, 2009 ” and substituting “ Electricity Act, 1998 ”.

(2) The

definition of “renewable energy testing facility” in subsection 1 (1) of the

Act is amended by striking out “ Green Energy Act, 2009 ”

and substituting “ Electricity Act, 1998 ”.

(3) The

definition of “renewable energy testing project” in subsection 1 (1) of the Act

is amended by striking out “ Green Energy Act, 2009 ”

and substituting “Electricity Act, 1998”.

(4) Section

22 of the Act is amended by adding the following subsection:

Exception

re Minister

(7.1.1) Subsection

(7.1) does not apply to an appeal by the Minister in respect of an amendment

described in clause (7.2) (d).

(5) Subsection

22 (7.2) of the Act is amended by striking out “or” at the end of clause (b),

by adding “or” at the end of clause (

c) and by adding the following clause:

(

d) authorize

a renewable energy undertaking.

(6) Section

34 of the Act is amended by adding the following subsections:

appeal re renewable energy undertakings

(11.0.7) Despite

subsection (11), there is no appeal in respect of all or any part of an

application for an amendment to a by-law if the amendment or part of the

amendment proposes to permit a renewable energy undertaking.

Exception

re Minister

(11.0.8) Subsection

(11.0.7) does not apply to an appeal by the Minister.

(7) Clause

50 (3) (d.1) of the Act is repealed.

(8) Clause

50 (5) (c.1) of the Act is repealed.

(9) Section

62.0.2 of the Act is repealed.

(10) The

Act is amended by adding the following section:

Regulations

re transitional matters, 2018 amendments

70.9

(1) The Lieutenant

Governor in Council may make regulations governing transitional matters that,

in the opinion of the Lieutenant Governor in Council, are necessary or

advisable to deal with issues arising out of the amendments to this Act made by

the Green Energy Repeal Act, 2018 .

Same

(2) A

regulation made under subsection (1) may, without limitation, provide that,

despite its repeal by subsection 8 (9) of the Green Energy

Repeal Act, 2018 ,

section 62.0.2 of this Act as it reads immediately

before its repeal applies, for a specified period of time and with necessary

modifications, to specified renewable energy undertakings or specified classes

of renewable energy undertakings or in specified circumstances.

Conflict

(3) A

regulation made under this

section prevails over any provision of this Act

specifically mentioned in the regulation.

Retroactive

effect

(4) A

regulation made under this

section is, if it so provides, effective with

reference to a period before it is filed.

cause of action

(5) No

cause of action arises as a direct or indirect result of,

(

a) the

repeal of

section 62.0.2;

(

b) the

making or revocation of any provision of a regulation made under this section;

(

c) anything

done or not done under this

section or a regulation made under it; or

(

d) any

by-law or order that applies to any person as a direct or indirect result of

anything referred to in clauses (

a) to (c).

remedy

(6) No

costs, compensation, other than any compensation provided for under a

regulation under subsection (1), or damages are owing or payable to any person and

no remedy, including but not limited to a remedy in contract, restitution, tort,

misfeasance, bad faith, trust or fiduciary obligation, is available to any

person in connection with anything referred to in subsection (5).

Proceedings

barred

(7) No

proceeding, including but not limited to any proceeding for a remedy in

contract, restitution, tort, misfeasance, bad faith, trust or fiduciary

obligation, that is directly or indirectly based on or related to anything

referred to in subsection (5) may be brought or maintained against any person.

Application

(8) Subsection

(7) applies to any action or other proceeding claiming any remedy or relief,

including specific performance, injunction, declaratory relief, any form of

compensation or damages, or any other remedy or relief, and includes a

proceeding to enforce a judgment or order made by a court or tribunal outside

of Canada.

Retrospective

effect

(9) Subsections

(7) and (8) apply regardless of whether the cause of action on which the

proceeding is purportedly based arose before, on or after the day subsection 8

(10) of the Green Energy Repeal Act , 2018 comes into force.

Proceedings

set aside

(10) Any

proceeding referred to in subsection (7) or (8) that is commenced before the

day subsection 8 (10) of the Green Energy Repeal Act, 2018

comes into force is deemed to have been dismissed, without costs, on the day

that provision comes into force.

expropriation or injurious affection

(11) Nothing

referred to in subsection (5) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Person

defined

(12) In

this section,

“person”

includes the Crown and its employees and agents, members of the Executive

Council and municipalities and their employees and agents.

Water

Opportunities Act, 2010

Subsection 37 (7) of the Water Opportunities Act, 2010

is amended by striking out “section 6 of the Green Energy

Act, 2009 ” at the end and substituting “section 25.35.2 of the Electricity Act, 1998 ”.

Repeal,

Revocation, Commencement and

Short Title

Repeal

of Green Energy Act, 2009

The Green Energy Act, 2009 is repealed.

Revocation

of regulations

The following regulations are revoked:

1. Ontario

Regulation 20/17.

2. Ontario

Regulation 404/12.

3. Ontario

Regulation 397/11.

4. Ontario

Regulation 15/10.

5. Ontario

Regulation 329/09.

6. Ontario

Regulation 97/08.

Commencement

(1) Subject to subsection (2), this Act comes into force on a day to

be named by proclamation of the Lieutenant Governor.

(2) Subsection

4 (2) comes into force on the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Green Energy Repeal

Act, 2018 .

Bill 34 Original (PDF)

EXPLANATORY

NOTE

The

Bill repeals the Green Energy Act, 2009 and

re-enacts various provisions of that Act in the Electricity

Act, 1998 . The re-enacted provisions include the following:

1. Provisions

that authorize the Lieutenant Governor in Council to do the following by

regulation: designate goods, services and technologies in order to promote

energy conservation; designate renewable energy projects, renewable energy

sources or renewable energy testing projects for specified purposes; require a

public agency or a prescribed person to prepare and submit to the Ministry an

energy conservation and demand management plan; and require the reporting of

information, including information in respect of energy consumption and water

use.

2. Provisions

restricting the sale or lease of appliances or products that do not meet the

prescribed efficiency standards or requirements and restricting the labelling

or marking of appliances and products.

3. Provisions

requiring energy providers to make energy data available in accordance with the

regulations.

The

Bill also amends various other Acts. Some of those amendments are consequential

to the repeal of the Green Energy Act, 2009 . In

addition, the Environmental Protection Act is

amended to authorize the Lieutenant Governor in Council to make regulations

prohibiting the issue or renewal of renewable energy approvals in prescribed

circumstances, which may include circumstances in which the demand for the

electricity that would be generated as part of engaging in the renewable energy

project has not been demonstrated in accordance with the regulations.

The

amendments to the Planning Act include the

following:

1. The

definitions of “renewable energy project”, “renewable energy testing facility”

and “renewable energy testing project” in subsection 1 (1) of the Act are

amended to provide that these terms have the same meaning as in the Electricity Act, 1998 .

2. New

clause 22 (7.2) (

d) provides that there is no appeal to the Local Planning

Appeal Tribunal in respect of a refusal or failure to adopt or approve

requested amendments to an official plan that propose to authorize a renewable

energy undertaking (defined as a renewable energy generation facility, project,

testing facility or testing project). New subsection 34 (11.0.7) provides that

there is no appeal to the Local Planning Appeal Tribunal in respect of all or

any part of an application for an amendment to a zoning by-law passed under

section 34 if the amendment or part of the amendment proposes to permit a

renewable energy undertaking. These new provisions do not apply to an appeal by

the Minister of Municipal Affairs and Housing.

3. Clauses

50 (3) (d.1) and 50 (5) (c.1) are repealed. These provisions exempt from

subdivision control and part-lot control under

section 50 certain transactions

entered into for the purposes of renewable energy generation facilities or

renewable energy projects.

Section

62.0.2 is repealed. That

section provides that the following do not apply to

renewable energy undertakings: policy statements and provincial plans, with

certain exceptions;

section 24, which requires public works and by-laws to

conform with official plans; demolition control by-laws under

section 33;

zoning by-laws and related by-laws and orders under

Part V; development permit

regulations and by-laws under

section 70.2; by-laws under

section 113 or 114 of

the City of Toronto Act, 2006 ; and orders under

section 17 of the Ontario Planning and Development Act,

1994 .

Section

70.9 is added to give the Lieutenant Governor in Council the power to make

transition regulations in connection with amendments to the Act made by the

Bill, including a regulation that provides that, despite its repeal,

section

62.0.2 applies to specified renewable energy undertakings or in specified

circumstances. New

section 70.9 also sets out immunity provisions related to

the repeal of

section 62.0.2 and the making or revocation of transition

regulations under

section 70.9.

Bill 34 2018

Act to repeal the Green Energy Act, 2009 and to amend the Electricity Act,

1998, the Environmental Protection Act, the Planning Act and various other

statutes

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Electricity

Act, 1998

(1) The definition of “Minister” in subsection 2 (1) of the Electricity Act, 1998 is amended by striking out

“Minister of Energy” and substituting “Minister of Energy, Northern Development

and Mines”.

(2) The

definition of “renewable energy project” in subsection 2 (1) of the Act is

repealed and the following substituted:

“renewable

energy project” means the construction, installation, use, operation, changing

or retiring of a renewable energy generation facility; (“projet d’énergie

renouvelable”)

(3) Subsection

2 (1) of the Act is amended by adding the following

definitions:

“renewable

energy testing facility” means devices or structures to be used to gather

information about natural conditions at the location of the structures or

devices and related infrastructure and that meet such criteria as may be

prescribed by the regulations; (“installation d’évaluation du potentiel en

énergie renouvelable”)

“renewable

energy testing project” means the construction, installation, use, operation,

changing or retiring of a renewable energy testing facility; (“projet

d’évaluation du potentiel en énergie renouvelable”)

The Act is amended by adding the following Part:

Part

ii.3

conservation and energy efficiency

Definition

25.34 In this

Part,

“Ministry”

means the ministry of the Minister.

Permissive

designation of goods, services and technologies

25.35

(1) The Lieutenant Governor in

Council may, by regulation, designate goods, services and technologies in order

to promote energy conservation.

Effect

of designation

(2) A

person is permitted to use designated goods, services and technologies in such

circumstances as may be prescribed by regulation, despite any restriction

imposed at law that would otherwise prevent or restrict their use, including a

restriction established by a municipal by-law, a condominium by-law, an

encumbrance on real property or an agreement.

Same

(3) A

restriction imposed at law that would otherwise prevent or restrict the use of

designated goods, services or technologies is inoperative to the extent that it

would otherwise prevent or restrict the use.

Exception

(4) Subsections

(2) and (3) do not apply with respect to a restriction imposed by

an Act or

regulation.

Permissive

designation of renewable energy projects, etc.

25.35.1

(1) The Lieutenant Governor in

Council may, by regulation, designate renewable energy projects, renewable

energy sources or renewable energy testing projects for the following purposes:

1. To

assist in the removal of barriers to and to promote opportunities for the use

of renewable energy sources.

2. To

promote access to transmission systems and distribution systems for proponents

of renewable energy projects.

Effect

of designation

(2) A

person is permitted to engage in activities with respect to a designated

renewable energy project, a designated renewable energy source or a designated

renewable energy testing project in such circumstances as may be prescribed by

regulation, despite any restriction imposed at law that would otherwise prevent

or restrict the activity, including a restriction established by a municipal

by-law, a condominium by-law, an encumbrance on real property or an agreement.

Same

(3) A

restriction imposed at law that would otherwise prevent or restrict an activity

with respect to a designated renewable energy project, a designated renewable

energy source or a designated renewable energy testing project is inoperative

to the extent that it would otherwise prevent or restrict the activity.

Exception

(4) Subsections

(2) and (3) do not apply,

(

a) with

respect to a restriction imposed by

an Act or regulation; or

(

b) with

respect to by-laws, instruments or other restrictions that are prescribed by

regulation or classes of by-laws, instruments or other restrictions that are

prescribed by regulation.

Public

agency, energy conservation and demand management plan

Definition

25.35.2

(1) In this

section and

section

25.35.3,

“public

agency” means a ministry of the Government of Ontario or an entity, including a

municipality, or class of entities that is prescribed by regulation as a public

agency.

Plan

(2) The

Lieutenant Governor in Council may, by regulation, require a public agency to

prepare and submit to the Ministry an energy conservation and demand management

plan.

Requirements

(3) The

energy conservation and demand management plan must comply with any

requirements prescribed by regulation and must include the following

information:

1. A

summary of annual energy consumption for each of the public agency’s prescribed

operations.

2. A

description and a forecast of the expected results of current and proposed

activities and measures to conserve the energy consumed by the public agency’s

prescribed operations and to otherwise reduce the amount of energy consumed by

the public agency, including by employing such energy conservation and demand

management methods as may be prescribed.

3. A

summary of the progress and achievements in energy conservation and other

reductions described in paragraph 2 since the previous plan.

4. Such

additional information as may be prescribed by regulation.

Specified

targets and standards, public agencies

(4) The

Lieutenant Governor in Council may, by regulation, require a public agency to

achieve targets prescribed by regulation and meet energy and environmental

standards prescribed by regulation, including standards for energy conservation

and demand management.

Implementation

and publication

(5) The

public agency shall,

(

a) implement

the energy conservation and demand management plan and comply with any requirements

prescribed by regulation respecting the implementation of the plan; and

(

b) publish

the plan in accordance with any requirements prescribed by regulation.

Joint

plans

(6) Two

or more public agencies may prepare a joint energy conservation and demand

management plan and may publish and implement it jointly.

Effect

(7) If

the joint plan satisfies the requirements established under this section, the

public agencies are not required to prepare, publish and implement separate

energy conservation and demand management plans for the same period.

Prescribed

person, reporting of energy consumption and water use

25.35.3

(1) The

Lieutenant Governor in Council may, by regulation,

(

a) require

a person prescribed by regulation, other than a public agency, to report to the

Ministry, in the manner prescribed by regulation, energy consumption, water use,

ratings or other performance metrics in respect of energy consumption and water

use and such additional information as may be prescribed by regulation in

respect of each of the person’s properties prescribed by regulation;

(

b) prescribe

circumstances in which the Minister may request that a person mentioned in

clause (

a) undertake verification, in the manner prescribed by regulation, of

any information required to be reported under a regulation made under clause

(

a) or under a notice published under subsection (4); and

(

c) require

a person mentioned in clause (

a) to comply with a request by the Minister under

clause (b).

Manner

of reporting

(2) For

the purposes of clause (1) (a), the regulations may require reporting through

the use of a reporting system prescribed by regulation, including an electronic

reporting system administered by a third party and a reporting system that

generates ratings or other performance metrics in respect of energy consumption

and water use.

Verification

(3) For

the purposes of clause (1) (b), the regulations may specify that the

verification must be conducted by a person prescribed by regulation.

Minister’s

notice, additional requirements

(4) The

Minister may, by publishing notice in the registry under the Environmental Bill of Rights, 1993 , require a person prescribed

by regulation under clause (1) (

a) to report to the Ministry, in the manner

prescribed by regulation, energy consumption, water use, ratings or other

performance metrics in respect of energy consumption and water use and any

additional information in respect of each of the person’s properties prescribed

by regulation.

Same

(5) A

notice published under subsection (4) may incorporate another document by

reference and may provide that the reference to the document includes

amendments made to the document from time to time after the notice is

published.

Prescribed

person, energy conservation and demand management plan

25.35.4

(1) The

Lieutenant Governor in Council may, by regulation, require a person prescribed

by regulation to prepare and submit to the Ministry an energy conservation and

demand management plan.

Same

(2) A

regulation under subsection (1) may require that the person,

(

a) prepare

the plan in circumstances prescribed by regulation and in accordance with requirements

prescribed by regulation; and

(

b) make

the plan available to the public in accordance with requirements prescribed by

regulation.

Minister

may publish information

25.35.5

(1) Despite

any other Act, the Minister may,

(

a) make

available to the public any of the information required to be reported or

submitted to the Ministry under sections 25.35.3 and 25.35.4; and

(

b) share

any of the information required to be reported or submitted to the Ministry

under sections 25.35.3 and 25.35.4 with another Ministry or agency of the

Government of Ontario, or such other persons or entities as may be prescribed

by regulation for the purposes of this section.

Information

supplied in confidence

(2) If

the Minister has not made information available to the public under clause (1)

(a), the information is deemed, for the purposes of

section 17 of the Freedom of Information and Protection of Privacy Act , to

have been supplied in confidence to the Minister.

Distributors,

requirement to provide information

Definition

25.35.6

(1) In this

section,

“distributor”

means,

(

a) a

distributor within the meaning of

section 3 of the Ontario

Energy Board Act, 1998 ,

(

b) a

gas distributor within the meaning of

section 3 of the Ontario

Energy Board Act, 1998 , or

(

c) an

owner or operator of a water works within the meaning of subsection 1 (1) of

the Ontario Water Resources Act .

Information

to be provided

(2) A

distributor that has been prescribed by regulation for the purposes of this

section shall, upon receiving a request from a person who is required to report

under

section 25.35.3 or to prepare a plan under

section 25.35.4 in respect of

a property that meets criteria prescribed by regulation, make available to that

person, in the manner prescribed by regulation, information prescribed by

regulation with respect to the consumption or use of electricity, gas or water

distributed by the distributor to the property.

Same

(3) The

requirements in subsection (2) are subject to any conditions prescribed by

regulation.

Energy

efficiency and efficient use of water

Definition

25.35.7

(1) In

this section,

“prescribed

appliance or product” means an appliance or product that has been prescribed by

regulation.

Appliances

and products, efficiency standards

(2) No person shall offer for sale,

sell or lease a prescribed appliance or product unless,

(

a) the

appliance or product meets the efficiency standard or requirement that has been

prescribed by regulation with respect to the appliance or product; and

(

b) a label

or other marking prescribed by regulation that confirms compliance with the

efficiency standard or requirement that has been prescribed by regulation with

respect to the appliance or product is affixed to the appliance or product or

provided with the appliance or product in the manner prescribed by regulation and

under the circumstances prescribed by regulation.

Labels

(3) No

person shall affix to or provide with a prescribed appliance or product a label

or other prescribed marking prescribed by regulation unless the appliance or

product meets the efficiency standard or requirement that has been prescribed

by regulation with respect to the appliance or product.

Application

of subs. (2)

(4) Subsection

(2) does not apply to,

(

a) an

appliance or product that is manufactured on or before a date prescribed by

regulation and that is sold or leased on or before a date prescribed by

regulation; or

(

b) a

person who is not in the business of offering for sale, selling or leasing prescribed

appliances or products.

Energy

data

Definitions

25.35.8

(1) In this section,

“account

holder” means a person or entity who has an account with an energy provider; (“détenteur

de compte”)

“energy”

means electricity and such other types of energy prescribed by regulation for

the purposes of this section; (“énergie”)

“energy

data” means such types or classes of data related to the consumption of energy

as may be prescribed by regulation and such other data as may be prescribed by

regulation; (“données énergétiques”)

“energy

provider” means such persons or entities prescribed by regulation for the

purposes of this section. (“fournisseur d’énergie”)

Requirement

to make energy data available

(2) On and after the date prescribed

by regulation, every energy provider shall, in accordance with the regulations,

make the energy data in respect of an account holder available to the account

holder or to such other persons or entities as may be authorized by the account

holder.

Procurement

(3) If

an energy provider enters into a procurement process, contract or arrangement

in relation to the acquisition or development of systems or technology to meet

the requirements of subsection (2), the procurement process, contract or

arrangement shall meet such criteria or requirements as may be prescribed by

regulation.

Additional

requirements

(4) In

addition to the matters set out in this section, an energy provider shall

comply with such other requirements as may be prescribed by regulation for the

purposes of this section.

Extension

of time

(5) The

Board may, in the circumstances prescribed by regulation and subject to the requirements

prescribed by regulation, with or without a hearing, extend the time period for

when an energy provider must comply with subsection (2).

Reports

(6) An

energy provider shall submit to the Board or to the Minister such reports and

information as the Board or the Minister, as the case may be, may require from

time to time.

Regulations

25.35.9

(1) The Lieutenant Governor in

Council may make regulations for the purposes of this Part prescribing anything

that is required or permitted to be prescribed or that is required or permitted

to be done in accordance with the regulations or as provided in the

regulations.

Same

(2) In

addition to regulations mentioned in subsection (1), the Lieutenant Governor in

Council may make regulations,

(

a) governing

renewable energy testing facilities in relation to,

(

i) planning,

design, siting, buffer zones, notification and consultation, establishment,

insurance, facilities, staffing, operation, maintenance, monitoring,

record-keeping and improvement, and

(ii) the

discontinuance of the operation of any part of the renewable energy testing

facility;

(

b) governing

the location of renewable energy testing facilities, including prohibiting or

regulating the construction, installation, use, operation or changing of

renewable energy testing facilities in parts of Ontario;

(

c) governing

everything required under or provided for in or that may be prescribed under

sections 25.35.2, 25.35.3 and 25.35.4, including,

(

i) the

periods that may be covered by plans and reports required under those sections

and the intervals for which the plans and reports are required,

(ii) the

submission of the plans, reports and other documents to the Ministry,

(iii) circumstances

in which two or more buildings or structures may be treated as a single property

for the purposes of clause 25.35.3 (1) (a),

(iv) generally

governing how those sections are to be complied with;

(

d) governing

circumstances in which two or more buildings or structures may be treated as a

single property for the purposes of

section 25.35.6;

(

e) with

respect to prescribed appliances or products within the meaning of

section

25.35.7,

(

i) prescribing

energy efficiency standards or requirements for the appliances or products,

(ii) prescribing

water efficiency standards or requirements for the appliances or products that

consume energy,

(iii) regulating

the installation, testing, maintenance and repair of the appliances and

products,

(iv) designating

persons or organizations to test the prescribed appliances and products,

(

v) providing

for the placing of a prescribed label or mark on or with the appliances and

products,

(vi) prescribing

the contents of labels or marks that may be placed on or with the prescribed appliances

and products,

(vii) prescribing

fees to be paid to designated persons or organizations for the testing or

labelling of the appliances and products and prescribing by whom the fees shall

be paid,

(viii) providing

for information to be reported by persons who manufacture, offer for sale, sell

or lease the prescribed appliances or products, including the frequency, time

and manner for reporting,

(ix) governing

the keeping of information, records and documents by persons who manufacture,

offer for sale, sell or lease prescribed appliances or products;

(

f) governing

everything required under or that may be prescribed under

section 25.35.8 and

generally how that

section is to be complied with, including,

(

i) prescribing

types or classes of energy data, including prescribing different types or

classes of energy data for different types or classes of energy or for different

energy providers or classes of energy providers,

(ii) specifying

or clarifying the meaning of “account holder” in

section 25.35.8,

(iii) governing

the manner in which energy data must be made available by energy providers,

(iv) prescribing

requirements relating to how an account holder may authorize another person or

entity to receive energy data,

(

v) prescribing

criteria or requirements that the procurement process, contract or arrangement

must meet for the purpose of subsection 25.35.8 (3),

(vi) governing

certification requirements relating to the implementation of the requirements

under subsection 25.35.8 (2), including requiring energy providers to obtain a

certification, prescribing the manner in which such certification may be

obtained, the persons or entities that are authorized to provide the

certification and any fees to be paid to those persons or entities for the

certification,

(vii) governing

extensions of time that may be granted to energy providers by the Board under

subsection 25.35.8 (5), including prescribing the maximum period for which an

extension may be granted and the circumstances in which an extension may be

granted,

(viii) requiring

and governing reports and information that energy providers or other persons or

entities must provide to the Minister, to the Board or to other persons or

entities, including prescribing the manner and form in which reports or

information must be provided.

Incorporation

of documents

(3) A

regulation under this Part that incorporates another document by reference may

provide that the reference to the document include amendments made to the

document from time to time after the regulation is made.

Classes

of persons, etc.

(4) A

regulation under this Part may create different classes of persons, entities,

appliances or products and may establish different entitlements for, or

relating to, each class or impose different requirements, conditions or

restrictions on, or relating to, each class.

Exemptions,

etc.

(5) A

regulation under this Part may exempt a class or a person, entity, appliance or

product from a specified requirement imposed by this Part or a regulation or

provide that a specified provision of this Part or a regulation does not apply

to the class, person, entity, appliance or product and may prescribe conditions

for the exemption.

Regulations,

transition

25.35.10 The

Lieutenant Governor in Council may make regulations governing transitional

matters that, in the opinion of the Lieutenant Governor in Council, are

necessary or desirable to facilitate the implementation of amendments to this

Act arising from the enactment of the Green Energy Repeal

Act, 2018 and to facilitate its implementation.

Amendments

to Other Acts

Conservation Authorities Act

(1) Subsection 28 (13.1) of the Conservation

Authorities Act is amended by striking out “section 1 of the Green Energy Act, 2009 ” in the portion before clause (

a) and

substituting “subsection 2 (1) of the Electricity Act,

1998 ”.

(2) Subsection

28.1 (6) of the Act is amended by striking out “subsection 1 (1) of the Green Energy Act, 2009 ” in the portion before clause (

a) and substituting “subsection 2 (1) of the Electricity Act,

1998 ”.

Environmental Protection Act

(1) The definition of “renewable energy project” in subsection 1

(1) of the Environmental Protection Act is amended by

striking out “ Green Energy Act, 2009 ” and

substituting “ Electricity Act, 1998 ”.

(2) Subsection

176 (4.1) of the Act is

amended by adding the following clause:

(e.1) prohibiting

the issue or renewal of renewable energy approvals in prescribed circumstances,

which may include circumstances in which the demand for the electricity that

would be generated as part of engaging in the renewable energy project has not

been demonstrated in accordance with the regulations;

Ministry of Natural Resources Act

Section 13.2 of the Ministry of Natural Resources Act

is amended by striking out “section 1 of the Green Energy

Act, 2009 ” and substituting “subsection 2 (1) of the Electricity Act, 1998 ”.

Niagara Escarpment Planning and Development Act

Subsection 19 (2.1) of the Niagara Escarpment Planning and

Development Act is repealed and the following substituted:

Definition

of utility

(2.1) On

the day

section 6 of the Green Energy Repeal Act, 2018

comes into force, the definition of “utility” in Appendix 2 of the Niagara

Escarpment Plan is revoked and the following substituted:

Utility:

a water supply; storm or sanitary sewage system; gas or oil pipeline; the

generation, transmission and distribution of electric power, including

renewable energy projects as defined in the Electricity

Act, 1998 , commercial or otherwise, and all associated infrastructure;

the generation, transmission and distribution of steam or hot water; telegraph

and telephone lines and other cabled services; a public transportation system;

licensed broadcasting, receiving and transmitting facilities; or any other

similar works or systems necessary to the public interest, but does not

include:

(

a) the

establishment of a new waste disposal site;

(

b) any

expansion or alteration to an existing waste disposal site from what has been

approved under the applicable legislation (including any expansion in area or

height of a landfill site or any change in the type of waste material being

disposed);

(

c) incineration

facilities (including energy from waste facilities); or

(

d) large

scale packer and/or recycling plants or similar uses.

Ontario Energy Board Act, 1998

(1) Clause (c.3) of the definition of “enforceable provision” in

section 3 of the Ontario Energy Board Act, 1998 is

repealed and the following substituted:

(c.3)

section

25.35.8 of the Electricity Act, 1998 or a provision

of a regulation made under that section,

(2) Subsection

26.1 (1) of the Act is amended by striking out “the Green

Energy Act, 2009 ” in the portion before paragraph 1.

Planning Act

(1) The definition of “renewable energy project” in subsection 1

(1) of the Planning Act is amended by striking out “ Green Energy Act, 2009 ” and substituting “ Electricity Act, 1998 ”.

(2) The

definition of “renewable energy testing facility” in subsection 1 (1) of the

Act is amended by striking out “ Green Energy Act, 2009 ”

and substituting “ Electricity Act, 1998 ”.

(3) The

definition of “renewable energy testing project” in subsection 1 (1) of the Act

is amended by striking out “ Green Energy Act, 2009 ”

and substituting “Electricity Act, 1998”.

(4) Section

22 of the Act is amended by adding the following subsection:

Exception

re Minister

(7.1.1) Subsection

(7.1) does not apply to an appeal by the Minister in respect of an amendment

described in clause (7.2) (d).

(5) Subsection

22 (7.2) of the Act is amended by striking out “or” at the end of clause (b),

by adding “or” at the end of clause (

c) and by adding the following clause:

(

d) authorize

a renewable energy undertaking.

(6) Section

34 of the Act is amended by adding the following subsections:

appeal re renewable energy undertakings

(11.0.7) Despite

subsection (11), there is no appeal in respect of all or any part of an

application for an amendment to a by-law if the amendment or part of the

amendment proposes to permit a renewable energy undertaking.

Exception

re Minister

(11.0.8) Subsection

(11.0.7) does not apply to an appeal by the Minister.

(7) Clause

50 (3) (d.1) of the Act is repealed.

(8) Clause

50 (5) (c.1) of the Act is repealed.

(9) Section

62.0.2 of the Act is repealed.

(10) The

Act is amended by adding the following section:

Regulations

re transitional matters, 2018 amendments

70.9

(1) The

Lieutenant Governor in Council may make regulations governing transitional

matters that, in the opinion of the Lieutenant Governor in Council, are

necessary or advisable to deal with issues arising out of the amendments to

this Act made by the Green Energy Repeal Act, 2018 .

Same

(2) A

regulation made under subsection (1) may, without limitation, provide that,

despite its repeal by subsection 8 (9) of the Green Energy

Repeal Act, 2018 ,

section 62.0.2 of this Act as it reads immediately

before its repeal applies, for a specified period of time and with necessary

modifications, to specified renewable energy undertakings or specified classes

of renewable energy undertakings or in specified circumstances.

Conflict

(3) A

regulation made under this

section prevails over any provision of this Act

specifically mentioned in the regulation.

Retroactive

effect

(4) A

regulation made under this

section is, if it so provides, effective with

reference to a period before it is filed.

cause of action

(5) No

cause of action arises as a direct or indirect result of,

(

a) the

repeal of

section 62.0.2;

(

b) the

making or revocation of any provision of a regulation made under this section;

(

c) anything

done or not done under this

section or a regulation made under it; or

(

d) any

by-law or order that applies to any person as a direct or indirect result of

anything referred to in clauses (

a) to (c).

remedy

(6) No

costs, compensation, other than any compensation provided for under a

regulation under subsection (1), or damages are owing or payable to any person and

no remedy, including but not limited to a remedy in contract, restitution, tort,

misfeasance, bad faith, trust or fiduciary obligation, is available to any

person in connection with anything referred to in subsection (5).

Proceedings

barred

(7) No

proceeding, including but not limited to any proceeding for a remedy in

contract, restitution, tort, misfeasance, bad faith, trust or fiduciary

obligation, that is directly or indirectly based on or related to anything

referred to in subsection (5) may be brought or maintained against any person.

Application

(8) Subsection

(7) applies to any action or other proceeding claiming any remedy or relief,

including specific performance, injunction, declaratory relief, any form of

compensation or damages, or any other remedy or relief, and includes a

proceeding to enforce a judgment or order made by a court or tribunal outside

of Canada.

Retrospective

effect

(9) Subsections

(7) and (8) apply regardless of whether the cause of action on which the

proceeding is purportedly based arose before, on or after the day subsection 8

(10) of the Green Energy Repeal Act , 2018 comes into force.

Proceedings

set aside

(10) Any

proceeding referred to in subsection (7) or (8) that is commenced before the

day subsection 8 (10) of the Green Energy Repeal Act, 2018

comes into force is deemed to have been dismissed, without costs, on the day

that provision comes into force.

expropriation or injurious affection

(11) Nothing

referred to in subsection (5) constitutes an expropriation or injurious

affection for the purposes of the Expropriations Act

or otherwise at law.

Person

defined

(12) In

this section,

“person”

includes the Crown and its employees and agents, members of the Executive

Council and municipalities and their employees and agents.

Water Opportunities Act, 2010

Subsection 37 (7) of the Water Opportunities Act, 2010

is amended by striking out “section 6 of the Green Energy

Act, 2009 ” at the end and substituting “section 25.35.2 of the Electricity Act, 1998 ”.

Repeal,

Revocation, Commencement and

Short Title

Repeal

of Green Energy Act, 2009

The Green Energy Act, 2009 is repealed.

Revocation

of regulations

The following regulations are revoked:

1. Ontario

Regulation 20/17.

2. Ontario

Regulation 404/12.

3. Ontario

Regulation 397/11.

4. Ontario

Regulation 15/10.

5. Ontario

Regulation 329/09.

6. Ontario

Regulation 97/08.

Commencement

(1) Subject to subsection (2), this Act comes into force on a day to

be named by proclamation of the Lieutenant Governor.

(2) Subsection

4 (2) comes into force on the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Green Energy Repeal

Act, 2018 .

Date Bill stage Event Outcome Committee

December 6, 2018

Royal Assent

Royal Assent received

December 4, 2018

Third Reading

Vote

Carried on division

December 4, 2018

Third Reading

Debated

November 20, 2018

Third Reading

Debated

November 15, 2018

Third Reading

Debated

November 14, 2018

Third Reading

Debated

November 13, 2018

Third Reading

Debated

November 12, 2018

Second Reading

Ordered for Third Reading pursuant to the Order of the House

November 12, 2018

Second Reading

Reported without amendment

November 12, 2018

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

October 30, 2018

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

October 29, 2018

Second Reading

Consideration of a Bill

Standing Committee on Social Policy

October 25, 2018

Second Reading

Ordered referred to Standing Committee pursuant to the Order of the House

Standing Committee on Social Policy

October 25, 2018

Second Reading

Vote

Carried on division

October 25, 2018

Second Reading

Deferred vote

October 25, 2018

Second Reading

Question put

October 24, 2018

Second Reading

Time allocated

October 22, 2018

Second Reading

Debated

October 15, 2018

Second Reading

Debated

September 20, 2018

First Reading

Vote

Carried

Debates and Progress

First Reading

September 20, 2018

Committee

Second Reading

October 15, 2018

Principal Debaters :

Hon. Greg Rickford, Mr. Paul Calandra, Ms. Jill Dunlop, Mr. Toby Barrett, Mr. Peter Tabuns, Ms. Bhutila Karpoche, Ms. Jennifer K. French

Questions and Comments :

Mr. Michael Mantha, Mr. Rick Nicholls, Ms. Judith Monteith-Farrell, Mr. Will Bouma, Mr. Wayne Gates, Mrs. Belinda Karahalios, M me France Gélinas, Mr. Chris Glover, Mr. Guy Bourgouin, Mr. Stan Cho, Mr. Rudy Cuzzetto, Mr. Stephen Crawford, Mr. Jamie West, Mr. Jeremy Roberts, Miss Monique Taylor, Mrs. Amy Fee, Ms. Peggy Sattler

October 22, 2018

Principal Debaters :

Mr. Randy Pettapiece, Mr. Stephen Crawford, Mr. Jim McDonell, Mr. Rick Nicholls, Mr. Percy Hatfield, Mr. Wayne Gates, Natyshak, Mr. Sol Mamakwa, Mme Nathalie Des Rosiers, Ms. Kathleen O. Wynne, Mr. Mike Schreiner

Questions and Comments :

Hon. Lisa M. Thompson, Mr. Gilles Bisson, Hon. Greg Rickford, Mr. Kaleed Rasheed, Mr. Michael Mantha, Hon. Lisa MacLeod, Ms. Suze Morrison, Mr. Rudy Cuzzetto, Mme France Gélinas, Mr. Stan Cho, Ms. Jennifer K. French, Mr. Toby Barrett, Mr. Taras Natyshak, Mr. Paul Calandra, Ms. Jill Dunlop, Ms. Jane McKenna, Mr. Will Bouma, Mr. Billy Pang, Ms. Judith Monteith-Farrell, Mrs. Belinda Karahalios, Mr. Guy Bourgouin, Mr. Bill Walker

Time Allocation

October 23, 2018

Hon. Todd Smith, Mr. Gilles Bisson, Mr. Joel Harden, Mr. Mike Harris, Mr. Michael Mantha

Time Allocation

October 24, 2018

Mr. Guy Bourgouin, Hon. John Yakabuski, Mr. Bill Walker, Mr. John Vanthof, Hon. Todd Smith

Vote deferred

Time Allocatiion

October 24, 2018

Carried on recorded division.

October 25, 2018

Vote deferred.

October 25, 2018

Carried on recorded division. Referred to the Standing Committee on Social Policy pursuant to the order of the House.

Committee

Standing Committee on Social Policy

October 29, 2018

October 30, 2018

November 12, 2018

November 12, 2018

Reported to the House without amendment. Ordered for third reading pursuant to the order of the House.

Third Reading

November 13, 2018

Principal Debaters :

Hon. Greg Rickford, Mr. Paul Calandra, Mr. Peter Tabuns

Questions and Comments :

Mr. Ian Arthur, Mr. Norman Miller, Ms. Jessica Bell, Mr. Sam Oosterhoff, Mr. Vijay Thanigasalam, Mr. Ian Arthur, Mr. Daryl Kramp, Mr. Gurratan Singh

November 14, 2018

Principal Debaters :

Mr. Doug Downey, Mr. Michael Mantha, Mr. Prabmeet Singh Sarkaria, Mme Nathalie Des Rosiers

Questions and Comments :

Mr. Paul Miller, Mrs Belinda Karahalios, Mrs. Robin Martin, Ms. Jill Andrew, Mr. Paul Calandra, Ms. Doly Begum, Mr. Vincent Ke, Ms. Marit Stiles, Mr. Deepak Anand, Mr. Jeff Burch, Mr. Jeremy Roberrts, Mr. Gilles Bisson, Mr. Roman Baber

November 15, 2018

Principal Debaters :

Mr. Dave Smith, Mr. Ian Arthur, Mr. Mike Schreiner

Questions and Comments :

Mr. Jeff Burch, Mrs. Nina Tangri, Mr. Paul Calandra, Mr. Rudy Cuzzetto, Mr. Joel Harden, Mr. Terence Kernaghan

November 20, 2018

Principal Debaters :

Mr. Daryl Kramp, Mr. Joel Harden, Mr. Robert Bailey

Questions and Comments :

Mr. Parm Gill, Ms. Jill Andrew, Mr. Vijay Thanigasalam, Ms. Goldie Ghamari, M. Guy Bourgouin, Mr. Aris Babikian, Mrs. Jennifer (Jennie) Stevens

December 4, 2018

Principal Debaters :

Mr. Robert Bailey, Ms. Peggy Sattler, Ms. Donna Skelly

Questions and Comments :

Mr. Joel Harden, Mr. Paul Calandra, Mme France Gélinas, Mr. Mike Harris, Mr. Robert Bailey, Mr. Vijay Thanigasalam, Ms. Laura Mae Lindo, Mme Natalia Kusendova, Mr. Michael Mantha

Vote deferred.

December 4, 2018

Carried on recorded division.

Royal Assent

Thursday, December 6, 2018

Acts affected - Bill 34

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Conservation Authorities Act

Electricity Act, 1998

Environmental Protection Act

Green Energy Act, 2009

Ministry of Natural Resources Act

Niagara Escarpment Planning and Development Act

Ontario Energy Board Act, 1998

Planning Act

Water Opportunities Act, 2010

Legislative Assembly of Ontario

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