Bulletin

Green Energy Act Repealed and Municipal Powers to Oppose Renewable Energy Reinstated

Authors: Alexandria J. Pike and Sarah V. Powell

The Ontario government has introduced Bill 34, which would repeal the Green Energy Act, 2009.

The new legislation, introduced on September 20, 2018, maintains the right of the government to enact regulations to promote renewable energy in the future. However, the current intention to restrict renewable energy development in the province is evident in the following:

  • the right to enact regulations under the Environmental Protection Act to prohibit the issuance or renewal of renewable energy approvals (such as where the demand for electricity has not been demonstrated)
  • the revocation of restrictions under the Planning Act, which had prevented municipalities from implementing official plans, zoning bylaws and other planning tools to prohibit renewable energy
  • the prohibition of any appeal of a municipality’s refusal or failure to approve zoning bylaws or official plan amendments to allow renewable energy undertakings (except by the Minister of Municipal Affairs and Housing)
  • allowing regulations under the Planning Act to be applied retroactively and barring any cause of action to challenge or seek damages with respect to changes under the Planning Act and related regulations

Although the full effect of the legislation will be evident only when regulations become available, Bill 34 is another initiative in the government’s campaign to restrict further renewable energy development in Ontario.

Related

L’État peut-il engager sa responsabilité pour les troubles de voisinage?

June 17, 2020 - Translation in progress. Dans l’affaire Maltais c. Procureure générale du Québec, 2020 QCCA 715, la Cour d’appel du Québec (la « Cour ») a rendu un arrêt important en matière de responsabilité de l’État. Cet arrêt clarifie l’applicabilité au gouvernement du régime de...

Bill 61: Restarting Québec’s Economy

June 08, 2020 - Bill 61, An Act to restart Québec’s economy and to mitigate the consequences of the public health emergency declared on 13 March 2020 because of the COVID-19 pandemic (the Bill) was introduced in the National Assembly on June 3, 2020. Additional measures relating to the protection of...