Monday, October 5, 2009
On September 24th, the Ontario government passed the Renewable Energy Act (previously known as the Green Energy Act), including new wind farm regulations, into law. The most critical of the new regulations include setback distances from turbines. They may not be located closer than 100 M (depending on the height of the tower) to a lot line and no nearer than 550 M from a point of reception. A point of reception is defined as follows:
For the purposes of the definition of “noise receptor” in subsection (1), the following locations may be noise receptors:
1. The centre of a building or structure used for overnight accommodation.
2. The centre of a building or structure used as an educational facility, a day nursery or a place of worship.
3. If the construction of a building or structure mentioned in paragraph 1 or 2 has not commenced but an approval under section 41 of the Planning Act or a building permit under section 8 of the Building Code Act, 1992 has been issued in respect of a building or structure mentioned in paragraph 1 or 2, the centre of the proposed building or structure.
4. A vacant lot if the vacant lot has been zoned to permit a building or structure mentioned in
1. paragraph 1 or 2, and
2. no approval or building permit mentioned in paragraph 3 has been issued in respect of a building or structure mentioned in paragraph 1 or 2 on the vacant lot.
5. A portion of property that is used as a campsite or campground at which overnight accommodation is provided by or on behalf of a public agency or as part of a commercial operation."
CASA Engineering failed to get its Certificate of Approval before the Act was passed, and we have received confirmation from the Ministry of the Environment that they must re-apply under the terms of the new REA. These regulations will make it very difficult for them to locate wind turbines in this area and may discourage them from continuing with the project.
We will keep you posted on developments as they occur.