Questions and Answers: Addition of the Renewable Energy Approval to the List of Applicable Law

What is applicable law, and how does it affect Renewable Energy Approvals (REAs)?

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. The definition of "applicable law” sets out a list of statutes, regulations and by-laws that must be complied with before a municipal chief building official may issue a building permit. As a result of the recent amendment (O. Reg. 365/09) to the Building Code, a REA must be issued for a renewable energy project, where required, before a building permit may be issued.

Click here for the regulation.

What is a Renewable Energy Project?

Under the Green Energy Act, "renewable energy project" refers to the construction, installation, use, operation, changing or retiring of a renewable energy generation facility. Please see the Electricity Act for the definition of “renewable energy generation facility.”

Click here for the Electricity Act.

What is a Renewable Energy Approval (REA)?

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 and were implemented through Ontario Regulation 359/09.

The REA replaces municipal planning, Environmental Assessment, Certificates of Approval/Permits to Take Water and integrates the requirements into a streamlined approval that is coordinated with other necessary permits and requirements. REAs are issued by the Ministry of the Environment.

Do all Renewable Energy Projects require a REA?

No. Some renewable energy projects, such as small-scale wind and roof/wall-mounted solar projects, do not require a REA.

What types of renewable energy projects require a municipal building permit?

The construction of structures supporting free-standing wind turbines over 3 kW require building permits. The construction of other types of renewable energy projects, including building-mounted wind turbines or solar panels, may also require a building permit. For further information about the application of the Building Code Act to a specific project, contact the local municipal building department.

Where can I find more information?

For more information on the Green Energy Act, please refer to the Ministry of Energy and Infrastructure's website.

For more information on the REA, please refer to the Ministry of Environment's website.

For more information on the REA from the perspective of municipal planning, please refer to the Ministry of Municipal Affairs and Housing's website.