Bill 150 2015

An Act to amend the Electricity Act, 1998

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

   1.  The Electricity Act, 1998 is amended by adding the following section:

Referendum for large-scale renewable energy projects

Definitions

   25.35.1  (1)  In this section,

"large-scale renewable energy project" means a renewable energy project permitted under the feed-in tariff program developed by the IESO under section 25.35, other than a project permitted under the microFIT Program; ("projet d'énergie renouvelable à grande échelle")

"local municipality" has the same meaning as in the Municipal Act, 2001. ("municipalité locale")

Referendum

   (2)  The council of a local municipality may hold a referendum at any time on the question of whether the local municipality is willing to permit large-scale renewable energy projects to be located in the local municipality.

Same

   (3)  If a person or entity proposes that a large-scale renewable energy project be located in a local municipality and a referendum described in subsection (2) has not been held in that local municipality, the council of the local municipality shall hold such a referendum before considering whether to accept the project and before permitting any work or development on it to begin in the local municipality.

Municipality willing to host

   (4)  If the result on a referendum described in subsection (2) is that the local municipality is willing to permit large-scale renewable energy projects to be located in the local municipality, then any such project that is subsequently proposed may proceed in the usual course.

Municipality not willing to host

   (5)  If the result on a referendum described in subsection (2) is that the local municipality is not willing to permit large-scale renewable energy projects to be located in the local municipality, then any such project that is subsequently proposed shall not be accepted by the local municipality and the local municipality shall not permit any work or development on any such project to take place in the local municipality.

Subsequent referendums

   (6)  The council of a local municipality that has held a referendum described in subsection (2) may, at any time, hold a subsequent referendum in order to change the result of the most recent referendum, and if the result is different on the subsequent referendum, then,

  (a)  subsection (4) or (5) applies, as the case may be, to all large-scale renewable energy projects proposed on or after the date on which the results of the subsequent referendum are confirmed; and

  (b)  any decisions that were made during the period to which the previous referendum applied continue to apply in respect of that period.

Procedure for referendum

   (7)  A referendum under this section shall be conducted in accordance with the regulations.

Regulations

   (8)  The Lieutenant Governor in Council may make regulations governing all aspects of referendums required or permitted under this section.

Commencement

   2.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   3.  The short title of this Act is the Energy Referendum Act, 2015.

EXPLANATORY NOTE

The Bill amends the Electricity Act, 1998 to permit a local municipality to hold a referendum at any time on the question of whether the local municipality is willing to permit large-scale renewable energy projects to be located in the local municipality. A local municipality that has not held such a referendum must do so before proceeding with a large-scale renewable energy project.

If a local municipality indicates that it is willing to permit large-scale renewable energy projects, then any such project that is subsequently proposed may proceed in the usual course. If a local municipality indicates that it is not willing to permit large-scale renewable energy projects, then any such project that is subsequently proposed may not proceed.

A local municipality may hold subsequent referendums on the same question at any time.