Renewable energy
Starting in 2009, Ontario changed the rules for obtaining approval for most types of renewable energy projects. The province implemented green initiatives, including the Green Energy Act 2009 , to support the development of renewable energy projects. The Renewable Energy Approval (REA), issued by the Ministry of the Environment (MOE), is one of the new approvals used for most renewable energy projects.
Under the new rules, Ontario can encourage its renewable energy capacity to grow. At the same time, the province remains committed to a strong framework that considers the potential impacts of renewable energy projects on cultural heritage, the environment, natural heritage and public health.
Cultural heritage and the Renewable Energy Approval process
All projects that require a REA must meet the protected properties, archaeological and heritage resource requirements set out in the Renewable Energy Approvals Regulation (O.Reg. 359/09).
The Ministry of Tourism and Culture (MTC) has developed a guide for applicants seeking a Renewable Energy Approval for their renewable energy project:
This document provides step-by-step guidance to applicants on the preparation of cultural heritage materials required as part of their REA application package. Applicants should read the Information Bulletin in its entirety so that they have an understanding of all cultural heritage requirements that could apply to their project.
This ministry is also developing guidance materials for heritage consultants and consultant archaeologists preparing assessment reports required as part of a REA application that is submitted to MOE. These materials will be posted on this website.
We strongly encourage REA applicants to consider project impacts to cultural heritage resources early on in the project planning process and engage a consultant archaeologist and/or a heritage consultant to undertake full assessments if there is any uncertainty about project impacts on cultural heritage resources. Conducting full assessments that include appropriate recommendations ensures that cultural heritage resources are identified, evaluated and protected, and reduces any potential risks and delays to the development.
Frequently Asked Questions
What are the objectives of the Green Energy Act, 2009?
Ontario's Green Energy Act, 2009 is part of Ontario's plan to become a leading green economy. Its objectives include
- Sparking growth in clean and renewable sources of energy such as wind, solar, hydro, biomass and biogas in Ontario
- Building a stronger, greener economy with green jobs for Ontarians, today and tomorrow
- Supporting a growing culture of conservation in the province
- Establishing a new, streamlined approval process for renewable energy projects while ensuring that important protections remain in place.
What are the benefits of the new approvals process for renewable energy projects?
A key goal of Ontario's approach to renewable energy project approvals is to provide certainty and clarity on the process and requirements. Through the REA, Ontario has modernized the approvals process to make it more streamlined. With this new approach, Ontario's renewable energy capacity can grow more quickly.
Why do I need to consider cultural heritage as part of my REA application?
The conservation of heritage resources is a matter of public and provincial interest. The government of Ontario recognizes that our cultural heritage tells us who we are, where we have come from and what we have accomplished. Therefore, the REA ensures that cultural heritage resources are considered as part of the renewable energy project planning process. The REA regulation acknowledges the protection provided by the Ontario Heritage Act and also requires applicants to consider impacts to other known and potential archaeological resources, built heritage resources and cultural heritage landscapes.
The presence of cultural heritage resources at the project location should not be considered a barrier to development. Knowing from an early stage what cultural heritage resources exist at the project location helps applicants propose an approach to designing, planning and implementing their project in a way that considers and avoids or mitigates impacts to these resources, and reduces any potential risks and delays to the development.
How does the new approvals process protect Ontario's cultural heritage?
Ontario's new approach to approving renewable energy projects offers benefits to the renewable energy sector, while continuing to ensure rigorous protection of cultural heritage. REA applications will be considered incomplete unless all cultural heritage requirements are met.
Projects proposed on properties protected under the Ontario Heritage Act
The REA process acknowledges the protection provided by the Ontario Heritage Act. REA applicants must obtain written authorization from the appropriate authority (the municipality, Ontario Heritage Trust, or this ministry) if their proposed project is located on a property protected under the Ontario Heritage Act. Applicants will need to work with these bodies and follow the processes these bodies have put in place in order to receive authorization. For more information on protected property requirements see Part 1 of the Information Bulletin.
Projects proposed on parcels of land abutting a property protected under the Ontario Heritage Act
For certain classes of renewable energy projects, applicants must determine whether the parcel of land on which their project is located abuts a property protected under the OHA. If so, there is a possibility that the project may impact that protected property. As a result, a heritage assessment is required. The heritage assessment would evaluate the impacts of the project and propose measures to avoid, eliminate, or mitigate the impact. For more information on this requirement see Part 4 of the Information Bulletin.
Known or potential archaeological and heritage resources at the project location
Additionally, for certain classes of renewable energy projects, applicants must consider whether the renewable energy project could have impacts on known or potential archaeological or heritage resources. If impacts are possible, archaeological and/or heritage assessments are required. These full assessments help to ensure that all archaeological or heritage resources are identified, that the impacts of a renewable energy project on these resources are identified and evaluated, and that options are proposed for avoiding or mitigating impacts. For more information on archaeological and heritage assessment requirements see Parts 2, 3 and 5 of the Information Bulletin.
What is the role of the Ministry of Tourism and Culture?
The ministry seeks to ensure the continued protection of Ontario's cultural heritage as the number of renewable energy projects increases across the province.
REA applicants must submit all full archaeological and heritage assessment reports prepared for their project to this ministry for review. This ministry may send review letter(s) to the consultants who prepared the reports requesting further assessment and/or revisions to the report. Once MTC accepts the report, it will issue final written comments to the applicant. Applicants must include MTC’s written comments together with the final versions of the archaeological and/or heritage assessment report in the REA application submitted to the Ministry of the Environment.
When might it be appropriate for an applicant to self-assess for impacts?
A self-assessment is not required under the REA. An applicant may choose to undertake a self-assessment if there is reason to believe that the project will or may have no possible impact on heritage resources. The ministry has prepared guidance materials for applicants to help them take the steps necessary to self-assess whether their project could impact archaeological and heritage resources. To complete their self-assessment, applicants will need to gather information from a number of sources, including this ministry. For more information on self-assessments, see the Information Bulletin, which includes step-by-step guidance and checklists to assist with self-assessment.
The result of the self-assessment may indicate that an archaeological and/or heritage assessment will be necessary, and therefore it is important to conduct the self-assessment early on in the project planning process. Additionally, local knowledge plays an important role in the identification of heritage resources, and information gathered at early public meetings may inform the self-assessment.
The ministry strongly encourages applicants to engage a consultant archaeologist and/or a heritage consultant to undertake full assessments if there is any uncertainty about project impacts on cultural heritage resources. Conducting full assessments that include appropriate recommendations ensures that cultural heritage resources are identified, evaluated and protected, and reduces any potential risks and delays to the development.
What happens if a cultural heritage resource is found on the project's site?
The discovery of an archaeological or heritage resource at the site of a renewable energy project should not be perceived as a barrier to development. Many options are available to help ensure the success of project development and protection of cultural heritage, including:
- Changing the design, location or layout of the project
- Ensuring that the project avoids or mitigates direct and indirect impacts to these resources
- Incorporating the resource into the project site, making sure there is no negative impact to the features of the heritage resource.
If a proposed renewable energy project is located on a property protected under the Ontario Heritage Act, the applicants must obtain written authorization from the appropriate authority (municipality, Ontario Heritage Trust, or this ministry). Applicants will need to work with these bodies and follow the processes these bodies have put in place in order to receive authorization. For more information on requirements regarding protected properties see Part 1 of MTC’s Information Bulletin.
Additionally, renewable energy project applicants must consider whether their project could have impacts on other archaeological or heritage resources, including any properties protected under the Ontario Heritage Act that abut the project lands. If impacts are possible, full assessments are required. These full assessments help to ensure that all archaeological or heritage resources are identified and that the impacts of a renewable energy project on these resources are identified and evaluated, and options are proposed for avoiding or mitigating impacts. For more information on archaeological and heritage assessment requirements see Parts 2 through 5 of the Information Bulletin.
Knowing from an early stage what cultural heritage resources exist at the project location helps applicants propose an approach to designing, planning and implementing their project in a way that considers and avoids or mitigates impacts to these resources, and reduces any potential risks and delays to the development.
Where can I find more information?
For detailed information on the cultural heritage components of the REA application, please review the Information Bulletin for Applicants Addressing the Cultural Heritage Component of Projects Subject to Ontario Regulation 359/09 Renewable Energy Approvals. Applicants should read the Information Bulletin in its entirety so that they have an understanding of all cultural heritage requirements that could apply to their project. Part 6 of the Information Bulletin includes information on contacting this ministry regarding renewable energy projects, along with other relevant administrative information.
The Ministry of Energy's website provides more information on the Renewable Energy Initiative and the Green Energy Act, 2009.
Visit the Ministry of the Environment’s website for its Guide to Provincial Approvals for Renewable Energy Projects, which provides an overview of the regulatory requirements for renewable energy projects.
For information on how the Green Energy Act, 2009 affects the land use planning process in Ontario, go to the Ministry of Municipal Affairs and Housing's webpage entitled Land Use Planning and the Green Energy Act.
The Renewable Energy Facilitation Office is a one-window access point to assist renewable energy project proponents (developers, communities and municipalities) obtain information about what is involved in the approvals process for renewable energy projects.
