Green Energy Act, 2009, S.O. 2009, c. 12, Sched. A

• Jurisdiction: Ontario

Green Energy Act, 2009

S.o. 2009, chapter 12
Schedule a

Historical version for the period December 6, 2018 to December 31, 2018.

Note: This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. (See: 2018, c. 16, s. 10)

Last amendment: 2018, c. 16, s. 10.

CONTENTS

Preamble

The Government of Ontario is committed to fostering the growth of renewable energy projects, which use cleaner sources of energy, and to removing barriers to and promoting opportunities for renewable energy projects and to promoting a green economy.

The Government of Ontario is committed to ensuring that the Government of Ontario and the broader public sector, including government-funded institutions, conserve energy and use energy efficiently in conducting their affairs.

The Government of Ontario is committed to promoting and expanding energy conservation by all Ontarians and to encouraging all Ontarians to use energy efficiently.

Part I
Interpretation and General Application

Definitions and interpretation

Definitions

1 (1) In this Act,

“distribution system” has the same meaning as in the Electricity Act, 1998; (“réseau de distribution”)

“generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production”)

“Minister” means the Minister of Energy or any other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“prescribed” means prescribed by a regulation made under this Act; (“prescrit”)

“public agency” means a ministry of the Government of Ontario or an entity, including a municipality, or class of entities that is prescribed as a public agency; (“organisme public”)

“regulation” means a regulation made under this Act; (“règlement”)

“renewable energy generation facility” has the same meaning as in the Electricity Act, 1998; (“installation de production d’énergie renouvelable”)

“renewable energy project” means the construction, installation, use, operation, changing or retiring of a renewable energy generation facility; (“projet d’énergie renouvelable”)

“renewable energy source” means an energy source that is renewed by natural processes and includes wind, water, biomass, biogas, biofuel, solar energy, geothermal energy, tidal forces and such other energy sources as may be prescribed by the regulations, but only if the energy source satisfies such criteria as may be prescribed by the regulations for that energy source; (“source d’énergie renouvelable”)

“renewable energy testing facility” means devices or structures to be used to gather information about natural conditions at the location of the structures or devices and related infrastructure and that meet such criteria as may be prescribed by the regulations; (“installation d’évaluation du potentiel en énergie renouvelable”)

“renewable energy testing project” means the construction, installation, use, operation, changing or retiring of a renewable energy testing facility; (“projet d’évaluation du potentiel en énergie renouvelable”)

“transmission system” has the same meaning as in the Electricity Act, 1998. (“réseau de transport”) 2009, c. 12, Sched. A, s. 1 (1); 2011, c. 9, Sched. 27, s. 27.

Interpretation

(2) This Act shall be interpreted in a manner that is consistent with section 35 of the Constitution Act, 1982 and with the duty to consult aboriginal peoples. 2009, c. 12, Sched. A, s. 1 (2).

Section Amendments with date in force (d/m/y)

2011, c. 9, Sched. 27, s. 27 - 06/06/2011

Administration, community consultation

2 This Act shall be administered in a manner that promotes community consultation. 2009, c. 12, Sched. A, s. 2.

Note: Section 3 comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 2009, c. 12, Sched. A, s. 19.

Mandatory home efficiency disclosure

3 (1) A person making an offer to purchase an interest in real property has the right to receive from the person offering to sell the property such information, reports or ratings as are prescribed,

(a) relating to energy consumption and efficiency with respect to a prescribed residence on the property or a class of prescribed residences on the property; and

(b) in such circumstances and at such times as are prescribed and in such manner as is prescribed. 2009, c. 12, Sched. A, s. 3 (1).

Provision before accepting offer

(2) The person offering to sell the property shall, in accordance with subsection (1), provide the information, reports or ratings to the person making the offer to purchase before accepting that person’s offer. 2009, c. 12, Sched. A, s. 3 (2).

Waiver

(3) Subsections (1) and (2) do not apply where the person making the offer waives, in writing, the provision and receipt of the information, reports or ratings. 2009, c. 12, Sched. A, s. 3 (3).

Agent

(4) A person acting as an agent on behalf of the person offering to sell shall inform that person promptly of any request for the information, reports or ratings. 2009, c. 12, Sched. A, s. 3 (4).

Same

(5) Subsection (4) applies only to agents acting for or in anticipation of receiving valuable consideration with respect to the offer to sell. 2009, c. 12, Sched. A, s. 3 (5).

Make available

(6) In this section, the obligation to provide information, reports or ratings is satisfied where the person offering to sell makes the information, reports or ratings reasonably available to the person making the offer to purchase. 2009, c. 12, Sched. A, s. 3 (6).

Part II
Designated Goods, Services and Technologies And Renewable Energy Projects And Energy Conservation in the Public Sector

Permissive designation of goods, services and technologies

4 (1) The Lieutenant Governor in Council may, by regulation, designate goods, services and technologies in order to promote energy conservation. 2009, c. 12, Sched. A, s. 4 (1).

Effect of designation

(2) A person is permitted to use designated goods, services and technologies in such circumstances as may be prescribed, despite any restriction imposed at law that would otherwise prevent or restrict their use, including a restriction established by a municipal by-law, a condominium by-law, an encumbrance on real property or an agreement. 2009, c. 12, Sched. A, s. 4 (2).

Same

(3) A restriction imposed at law that would otherwise prevent or restrict the use of designated goods, services or technologies is inoperative to the extent that it would otherwise prevent or restrict the use. 2009, c. 12, Sched. A, s. 4 (3).

Exception

(4) Subsections (2) and (3) do not apply with respect to a restriction imposed by an Act or regulation. 2009, c. 12, Sched. A, s. 4 (4).

Permissive designation of renewable energy projects, etc.

5 (1) The Lieutenant Governor in Council may, by regulation, designate renewable energy projects, renewable energy sources or renewable energy testing projects for the following purposes:

1. To assist in the removal of barriers to and to promote opportunities for the use of renewable energy sources.

2. To promote access to transmission systems and distribution systems for proponents of renewable energy projects. 2009, c. 12, Sched. A, s. 5 (1).

Effect of designation

(2) A person is permitted to engage in activities with respect to a designated renewable energy project, a designated renewable energy source or a designated renewable energy testing project in such circumstances as may be prescribed, despite any restriction imposed at law that would otherwise prevent or restrict the activity, including a restriction established by a municipal by-law, a condominium by-law, an encumbrance on real property or an agreement. 2009, c. 12, Sched. A, s. 5 (2).

Same

(3) A restriction imposed at law that would otherwise prevent or restrict an activity with respect to a designated renewable energy project, a designated renewable energy source or a designated renewable energy testing project is inoperative to the extent that it would otherwise prevent or restrict the activity. 2009, c. 12, Sched. A, s. 5 (3).

Exception

(4) Subsections (2) and (3) do not apply,

(a) with respect to a restriction imposed by an Act or regulation; or

(b) with respect to prescribed by-laws, instruments or other restrictions or prescribed classes of by-laws, instruments or other restrictions. 2009, c. 12, Sched. A, s. 5 (4).

Public agency, energy conservation and demand management plan

6 (1) The Lieutenant Governor in Council may, by regulation, require a public agency to prepare and submit to the Ministry an energy conservation and demand management plan. 2016, c. 10, Sched. 1, s. 1.

Requirements

(2) The energy conservation and demand management plan must comply with any prescribed requirements and must include the following information:

1. A summary of annual energy consumption for each of the public agency’s prescribed operations.

2. A description and a forecast of the expected results of current and proposed activities and measures to conserve the energy consumed by the public agency’s prescribed operations and to otherwise reduce the amount of energy consumed by the public agency, including by employing such energy conservation and demand management methods as may be prescribed.

3. A summary of the progress and achievements in energy conservation and other reductions described in paragraph 2 since the previous plan.

4. Such additional information as may be prescribed. 2016, c. 10, Sched. 1, s. 1.

Specified targets and standards, public agencies

(3) The Lieutenant Governor in Council may, by regulation, require a public agency to achieve prescribed targets and meet prescribed energy and environmental standards, including standards for energy conservation and demand management. 2016, c. 10, Sched. 1, s. 1.

Implementation and publication

(4) The public agency shall,

(a) implement the energy...