TRANSITIONAL MATTERS - RENEWABLE ENERGY GENERATION FACILITIES

Transition, s. 62.0.2 of the Act 1. (1) Subject to subsection (4), section 62.0.2 of the Act, as it read immediately before its repeal by subsection 8 (9) of the Green Energy Repeal Act, 2018, applies to a renewable energy generation facility if, (a) a renewable energy approval mentioned in subsection 47.3 (1) of the Environmental Protection Act was issued in respect of the facility before the day section 62.0.2 was repealed and was still in effect on that day; (b) the facility is the subject of a contract under the Feed-in Tariff (FIT) Program, microFIT Program, Large Renewable Procurement (LRP), Renewable Energy Supply program or Renewable Energy Standard Offer Program (RESOP) that was entered into before the day section 62.0.2 was repealed and no party to the contract had exercised a right to terminate the contract before that day; or (c) subject to subsection (2), the construction or installation of the facility began before the day section 62.0.2 was repealed and is completed before August 31, 2019. (2) For the purposes of clause (1) (c), if any contracts were awarded for carrying out any part of the construction or installation, construction or installation is deemed to begin on the day on which the first contract was awarded. (3) The owner of a renewable energy generation facility referred to in clause (1) (c) shall maintain such records as are necessary to show the date on which construction or installation of the facility began and the date on which construction or installation of the facility was completed. (4) If a renewable energy generation facility mentioned in subsection (1) is subject to an extension, alteration, renovation or addition, section 62.0.2 of the Act, as it read immediately before its repeal by subsection 8 (9) of the Green Energy Repeal Act, 2018, continues to apply to the facility in accordance with the following rules: 1. If the facility is not the subject of a renewable energy approval mentioned in subsection 47.3 (1) of the Environmental Protection Act or an approval, registration or permit set out in subsection (5), section 62.0.2 of the Act continues to apply to the entire facility. 2. If the facility is a facility mentioned in clause (1) (a), section 62.0.2 of the Act continues to apply to only the portion of the facility that is on the parcel or parcels of land set out in the renewable energy approval mentioned in subsection 47.3 (1) of the Environmental Protection Act. 3. If the facility is a facility mentioned in clause (1) (b) but not a facility mentioned in clause (1) (a) and the facility is the subject of an approval, registration or permit set out in subsection (5), section 62.0.2 of the Act continues to apply to only the portion of the facility that is on the parcel or parcels of land set out in the contract referred to in clause (1) (b). 4. If the facility is a facility mentioned in clause (1) (c) but not a facility mentioned in clause (1) (a) or (b) and the facility is the subject of an approval, registration or permit set out in subsection (5), section 62.0.2 of the Act continues to apply to only the portion of the facility that is on the parcel or parcels of land on which the facility was constructed or installed before August 31, 2019. (5) The approvals, registrations and permits referred to in subsection (4) are the following: 1. An environmental compliance approval within the meaning of clause 2.1 (a) of the Environmental Protection Act. 2. A registration mentioned in subsection 20.21 (1) of the Environmental Protection Act. 3. A permit to take water mentioned in section 34 of the Ontario Water Resources Act. (6) In subsection (4), “parcel of land” has the same meaning as in section 46 of the Act. 2. Omitted (provides for coming into force of provisions of this Regulation).