[40] Bill 10 Original (PDF)
Bill 10 2011
An Act to amend the Green Energy Act, 2009 and the Planning Act
Note: This Act amends or repeals more than one Act. For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Green Energy Act, 2009
1. Subsection 4 (4) of the Green Energy Act, 2009 is repealed and the following substituted:
Exceptions
(4) Subsections (2) and (3) do not apply if the restriction is imposed,
(a) by an Act or a regulation; or
(b) by a municipal by-law of a single-tier or lower-tier municipality respecting the health, safety and well-being of persons or respecting public assets of the municipality acquired for the purpose of exercising its authority under an Act.
2. Subsection 5 (4) of the Act is repealed and the following substituted:
Exceptions
(4) Subsections (2) and (3) do not apply if the restriction is imposed,
(a) by an Act or a regulation;
(b) by a municipal by-law of a single-tier or lower-tier municipality respecting the health, safety and well-being of persons or respecting public assets of the municipality acquired for the purpose of exercising its authority under an Act; or
(c) by a prescribed instrument or class of instrument.
Same
(5) Subsections (2) and (3) do not apply with respect to a prescribed type of restriction or class of restrictions.
Planning Act
3. The definitions of "renewable energy generation facility", "renewable energy project", "renewable energy testing facility", "renewable energy testing project" and "renewable energy undertaking" in subsection 1 (1) of the Planning Act are repealed.
4. (1) Clause 50 (3) (d.1) of the Act is repealed.
(2) Clause 50 (5) (c.1) of the Act is repealed.
5. Section 62.0.2 of the Act is repealed.
Commencement and Short Title
Commencement
6. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Sections 3, 4 and 5 come into force on the 90th day after the day this Act receives Royal Assent.
Short title
7. The short title of this Act is the Local Municipality Democracy Act, 2011.
EXPLANATORY NOTE
The Bill amends the Green Energy Act, 2009 and the Planning Act.
Currently, under section 4 of the Green Energy Act, 2009, municipal by-laws are inoperative to the extent that they prevent or restrict the use of designated goods, services and technologies in prescribed circumstances. An amendment provides that certain restrictions imposed by by-laws of single-tier or lower-tier municipalities remain operative, i.e., restrictions respecting the health, safety and well-being of persons or respecting public assets of the municipality acquired for the purpose of exercising its authority under an Act. (See clause 4 (4) (b) of the Act.)
Currently, under section 5 of the Green Energy Act, 2009, municipal by-laws are inoperative to the extent that they prevent or restrict people from engaging in activities with respect to designated renewable energy projects, renewable energy sources and renewable energy testing projects in prescribed circumstances. An amendment provides that certain restrictions imposed by by-laws of single-tier or lower-tier municipalities remain operative, i.e., restrictions respecting the health, safety and well-being of persons or respecting public assets of the municipality acquired for the purpose of exercising its authority under an Act. (See clause 5 (4) (b) of the Act.)
The Bill amends the Planning Act to reverse the effect of the amendments made to the Act by Schedule K to the Green Energy and Green Economy Act, 2009. Those amendments exempted renewable energy undertakings from the normal application of the Planning Act, including policy statements, provincial plans, official plans, demolition control by-laws, zoning by-laws and development permit regulations and by-laws.