Bill 8 2010

An Act to establish separation distances for natural gas power plants

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definition

   1.  In this Act,

"natural gas power plant" means a facility used primarily to generate power from natural gas, but does not include a cogeneration power plant.

Prohibition, minimum distance

   2.  (1)  No person shall construct, install or expand a natural gas power plant unless the property boundaries of the parcel of land on which the plant is located are at least 1,500 metres away from the property boundaries of any parcel of land that is a sensitive land use.

Sensitive land use

   (2)  For the purposes of subsection (1), a sensitive land use means,

  (a)  land zoned for residential use; or

  (b)  land on which a building or structure used as an educational facility, day nursery or health care facility is located.

Non-application, transitional period

   (3)  Subsection (1) does not apply to a person who constructs, installs or expands a natural gas power plant if, on a day before the day this Act comes into force, all of the approvals, permits and other instruments that are required under any Act to construct, install or expand the natural gas power plant have been obtained.

Commencement

   3.  This Act comes into force on the day it receives Royal Assent.

Short title

   4.  The short title of this Act is the Separation Distances for Natural Gas Power Plants Act, 2010.

______________

EXPLANATORY NOTE

The Bill enacts the Separation Distances for Natural Gas Power Plants Act, 2010 which prohibits the construction, installation or expansion of a natural gas power plant unless the plant is at least 1,500 metres from any land zoned for residential use or any land on which an educational facility, day nursery or health care facility is located.  The Bill provides an exception for persons who have obtained all necessary approvals to construct, install or expand a natural gas power plant before the Act comes into force.