Addition of the Renewable Energy Approval to the List of Applicable Law

Effective September 24, 2009, the Building Code was amended by O. Reg. 365/09, which added the new “Renewable Energy Approval” (REA) under section 47.3 of the Environmental Protection Act to the definition of applicable law contained in the Building Code.

Click here for the regulation.

Ontario’s new Green Energy Act places a priority on expanding clean and renewable sources of energy including wind, solar, bio-energy and water. The Green Energy Act amends the Environmental Protection Act to create the framework for the REA, which is a provincial approval for renewable energy projects issued by the Ministry of the Environment. The applicable provisions of the Environmental Protection Act came into force on September 24, 2009.

Article 1.4.1.3 of Division A of the Building Code defines “applicable law” for the purposes of Section 8 of the Building Code Act. As a result of the recent amendment to the Building Code, an REA must be issued for a renewable energy project, where required, before a building permit may be issued.

Applicable law will continue to be reviewed on an ongoing basis, and it is likely that further amendments will be proposed in the future in order to keep the list of applicable law current.

Click here for questions and answers on this Building Code change.