Project Background

Provincial Direction

The repeal of the Green Energy Act in 2019 restored municipal authority to regulate renewable energy generation land uses in Ontario, offering a new opportunity for municipal input on the siting of such infrastructure.

The Ontario Planning Act sets the rules for establishing municipal zoning by-laws, permitting municipalities to regulate the location of any energy generation and storage uses that are not undertaken by a Transmitter (Hydro One Corporation) or Ontario Power Generation, which are exempt from zoning under Section 62(1). In addition to renewable energy generation and storage infrastructure, the exemption does not apply to natural gas power plants where they are run by independent operators, providing limited opportunity for additional zoning provisions beyond the renewable sector.

The majority of REGF projects in Ontario are carried out by private enterprises or as joint projects with OPG or Hydro One Corporation, meaning that the majority will be subject to municipal zoning regulations.

There are certain classes of REGF projects [JCM1] which must obtain a Renewable Energy Approval (REA) from the Ministry of Environment, Conservation and Parks per Part V.0.1 of the Environmental Protection Act and O. Reg. 359/09. Provincial approval submission requirements vary depending on the project, however in all cases the applicant must provide evidence of both compliance with municipal policies and local public consultation. REA required public consultation is independent of any consultation that may be required by the municipality.

Ottawa Official Plan Direction

In recognition of the above, the City established Official Plan direction for the siting of such uses during the development of our new Official Plan, which was approved by the Ministry of Municipal Affairs and Housing in November of 2022.

Specifically, Section 4.11 of the Official Plan provides guidance on where large-scale renewable energy facilities that are subject to a provincial procurement and approvals processes may be permitted. The OP also provides direction for where ‘subordinate’ renewable energy generation infrastructure that is not subject to provincial approvals, due to limited energy generation potential, may be permitted. [AM2] [JCM3] [JCM4] [JCM5] Note that small-scale accessory use energy generation infrastructure, such as rooftop solar panels or a residential geothermal installation, is currently and will continue to be permitted in the zoning by-law everywhere that it functions to aid and contribute to the principal use of land.

As a principal use of land, the Official Plan permits renewable energy generation facilities in the following designations:

• Rural Countryside (see Schedule B9)

• Greenbelt Rural and Greenbelt Facility (see Schedule B9)

• Natural Environment Area - Greenspace sub-designation (see Schedules C11-A, C11-B and C11-C)

As a subordinate use of land (ancillary to a principal use), the Official Plan also permits renewable energy generation facilities in the following designations:

• Agricultural Resource Area (see Schedule B9)

• Rural Industrial and Logistics (see Schedule B9)