Renewable Energy Designated Areas Regulations

c t RENEWABLE ENERGY ACT RENEWABLE ENERGY DESIGNATED AREAS REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to August 10, 2024. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Renewable Energy Act Renewable Energy Designated Areas Regulations Section 1 c RENEWABLE ENERGY ACT Chapter R-12.1 RENEWABLE ENERGY DESIGNATED AREAS REGULATIONS Pursuant to section 18 of the Renewable Energy Act R.S.P.E.I. 1988, Cap. R-12.1, Council made the following regulations: 1. Definitions In these Regulations (a) “Act” means the Renewable Energy Act R.S.P.E.I. 1988, Cap. R-12.1; (b) “zone of inclusion” means a zone of inclusion described in the Schedule. (EC766/05) 2. Application These regulations apply to renewable energy generation facilities that utilize wind power and have a name plate capacity greater than 100kW. (EC766/05) 3. Operation of renewable energy generation (1) No person shall operate a renewable energy generation facility in any area of the province unless (a) the facility is located in a zone of inclusion; or (b) if the facility is located outside a zone of inclusion, the person has an authorization issued by the Minister under subsection (2). Exception (2) The Minister may, on application, issue an authorization for the development of a renewable energy generation facility outside of a zone of inclusion if the proposed facility meets the other applicable requirements of the Act, the Development Permit Regulations (EC773/08) made under the Act and these regulations. (EC766/05; 758/24) 4. Boundary of zone of inclusion Where any boundary of a zone of inclusion crosses a property line, the entire area of that property shall be deemed to be in the zone of inclusion. (EC766/05) c t Current to: August 10, 2024 Page 3 Renewable Energy Act Renewable Energy Designated Areas Section 5 Regulations 5. Other enactments prevail over these regulations Revoked by EC736/23. (EC766/05; 736/23) Page 4 Current to: August 10, 2024 t c Renewable Energy Act Renewable Energy Designated Areas Regulations SCHEDULE SCHEDULE Zones of Inclusion in the Province The zones of inclusion in the province shall be as determined using the topographic coordinates below together with the descriptions and maps found in the Appendix to this Schedule. 1. Zone of Inclusion No. 1 - Western Prince County An area northerly of the boundary described by a line connecting the following points: X-Coordinate Y-coordinate Point 1 291923 737122 Point 2 306513 753068 Point 3 315359 765072 Point 4 320121 766839 Point 5 322866 756299 2. Zone of Inclusion No. 2 - Acadian Peninsula An area westerly of the boundary described by a line connecting the following points: X-Coordinate Y-coordinate Point 1 317392 722974 Point 2 315973 709254 Point 3 319933 705289 3. Zone of Inclusion No. 3 - Lennox Island All of the land mass of Lennox Island in Prince County 4. Zone of Inclusion No. 4 - Slemon Park An area northerly of the boundary described by a line connecting the following points: X-Coordinate Y-coordinate Point 1 339255 710318 Point 2 341333 708447 Point 3 343938 709818 5. Zone of Inclusion No. 5 - Borden-Carleton An area southwesterly of the boundary described by a line connecting the following points: X-Coordinate Y-coordinate Point 1 342166 699785 Point 2 355221 685121 c t Current to: August 10, 2024 Page 5 Renewable Energy Act Renewable Energy Designated Areas SCHEDULE Regulations 6. Zone of Inclusion No. 6 - North Shore An area northerly of the boundary described by a line connecting the following points: X-Coordinate Y-coordinate Point 1 345520 710768 Point 2 346655 712154 Point 3 348734 715603 Point 4 354238 715918 Point 5 360591 713220 Point 6 372250 704519 Point 7 377612 705919 Point 8 387389 700928 Point 9 404318 701190 Point 10 417350 706506 Point 11 427130 705523 Point 12 441515 712280 Point 13 446659 711371 Point 14 456167 711631 Point 15 465448 711981 Point 16 469744 709199 Point 17 471114 705717 7. Zone of Inclusion No. 7 - Hillsborough Bay An area southerly of the boundary described by a line connecting the following points: X-Coordinate Y-coordinate Point 1 394389 683249 Point 2 403022 685103 Point 3 405262 675096 Point 4 404253 670239 Point 5 405330 667573 (EC766/05) Page 6 Current to: August 10, 2024 t c Renewable Energy Act Renewable Energy Designated Areas Regulations SCHEDULE APPE NDIX Descriptions and Maps of Zones of Inclusion in the Province ZONE 1 -Western Prince County All that tract, piece or parcel of land situate, lying and being North of the boundary line described as follows: Commencing at a point on the shore of the Gulf of St. Lawrence at West Cape, at the division line between Township Number Seven and Township Number Eight, in Prince County, Province of Prince Edward Island, said point having coordinates 291981E and 737009N (Point 1); Thence in a Northeasterly direction to a point having coordinates 305818E and 752410N (Point 2); Thence continuing in a Northeasterly direction to a point having coordinates 315278E and 764996N (Point 3); Thence in a Northeasterly direction to a point having coordinates 320155E and 766847N (Point 4); Thence in a Southeasterly direction to a point having coordinates 322581E and 755639N (Point 5) on the shore of the Gulf of St. Lawrence in Township Number Four, Prince County. (EC766/05) c t Current to: August 10, 2024 Page 7 Renewable Energy Act Renewable Energy Designated Areas SCHEDULE Regulations ZONE 2 - Acadian Peninsula All that tract, piece or parcel of land situate, lying and being West of the boundary line described as follows: Commencing at a point on the shore of Egmont Bay in Victoria West, Township Number Thirteen, Prince County, Province of Prince Edward Island, said point having coordinates 317467E and 722886N (Point 1); Thence in a Southerly direction to a point having coordinates 315973E and 709254N (Point 2); Thence in a Southeasterly direction to a point having coordinates 318204E and 705797N (Point 3) on the shore of Bedeque Bay in Mont-Carmel, Township Number Fifteen, Prince County. (EC766/05) Page 8 Current to: August 10, 2024 t c Renewable Energy Act Renewable Energy Designated Areas Regulations SCHEDULE ZONE 3 - Lennox Island All that tract, piece or parcel of land situate, lying and being in Township Number Twelve, Prince County, Province of Prince Edward Island being and intended to be the land mass of Lennox Island. c t Current to: August 10, 2024 Page 9 Renewable Energy Act Renewable Energy Designated Areas SCHEDULE Regulations ZONE 4 - Sherbrooke All that tract, piece or parcel of land situate, lying and being North of the boundary line described as follows: Commencing at a point on the shore of Malpeque Bay in Sherbrooke, Township Number Seventeen, Prince County, Province of Prince Edward Island, said point having coordinates 334758E and 712247N (Point 1); Thence in a Southerly direction to a point having coordinates 334677E and 709109N (Point 2); Thence in an Easterly direction to a point having coordinates 341117E and 708464N (Point 3); Thence in a Northeasterly direction to a point having coordinates 343629E and 709954N (Point 4) on the shore of Webber Cove in Lower New Annan, Township Number Nineteen, Prince County. (EC766/05) Page 10 Current to: August 10, 2024 t c Renewable Energy Act Renewable Energy Designated Areas Regulations SCHEDULE ZONE 5 - Borden-Carleton All that tract, piece or parcel of land situate, lying and being West of the boundary line described as follows: Commencing at a point on the shore of the Dunk River in Bedeque, Township Number Twenty-six, Prince County, Province of Prince Edward Island, said point having coordinates 341846E and 699897N (Point 1); Thence in a Southeasterly direction to a point having coordinates 355050E and 684757N (Point 2) on the shore of Cumberland Cove in Township Number Twenty-eight, Prince County. c t Current to: August 10, 2024 Page 11 Renewable Energy Act Renewable Energy Designated Areas SCHEDULE Regulations ZONE 6 - North Shore All that tract, piece or parcel of land situate, lying and being North of the boundary line described as follows: Commencing at a point on the shore of Webber Cove in Township Number Nineteen, Prince County, Province of Prince Edward Island, said point having coordinates 345390E and 711082N (Point 1); Thence in a Northeasterly direction to a point having coordinates 346623E and 713045N (Point 2); Thence continuing in a Northeasterly direction to a point having coordinates 348607E and 715972N (Point 3); Thence in a Easterly direction to a point having coordinates 354233E and 715918N (Point 4) on the County line between Prince County and Queens County; Thence in a Southeasterly direction to a point having coordinates 361056E and 713433N (Point 5); Thence continuing in a Southeasterly direction to a point having coordinates 372537E and 704811N (Point 6); Thence in an Easterly direction to a point having coordinates 377318E and 705945N (Point 7); Thence in a Southeasterly direction to a point having coordinates 388781E and 700898N (Point 8); Thence in an Easterly direction to a point having coordinates 404928E and 701181N (Point 9); Thence in a Northeasterly direction, traversing the County line into Kings County to a point having coordinates 417665E and 706596N (Point 10); Thence in an Easterly direction to a point having coordinates 426757E and 705506N (Point 11); Thence in a Northeasterly direction to a point having coordinates 432226E and 707268N (Point 12); Thence continuing in a Northeasterly direction to a point having coordinates 441692E and 712411N (Point 13); Thence in an Easterly direction to a point having coordinates 447656E and 711336N (Point 14); Thence continuing in an Easterly direction to a point having coordinates 455870E and 711712N (Point 15); Thence continuing in an Easterly direction to a point having coordinates 465030E and 711927N (Point 16); Thence in a Southeasterly direction to a point having coordinates 469522E and 709197N (Point 17); Thence in a Southerly direction to a point having coordinates 471022E and 705601N (Point 18) on the shore of the Gulf of St. Lawrence at Bothwell, Township Number Forty-seven in Kings County. Page 12 Current to: August 10, 2024 t c Renewable Energy Act Renewable Energy Designated Areas Regulations SCHEDULE (EC766/05) c t Current to: August 10, 2024 Page 13 Renewable Energy Act Renewable Energy Designated Areas SCHEDULE Regulations (EC766/05) Page 14 Current to: August 10, 2024 t c Renewable Energy Act Renewable Energy Designated Areas Regulations SCHEDULE (EC766/05) c t Current to: August 10, 2024 Page 15 Renewable Energy Act Renewable Energy Designated Areas SCHEDULE Regulations ZONE 7- Hillsborough Bay All that tract, piece or parcel of land situate, lying and being South and West of the boundary line described as follows: Commencing at a point in the Town of Stratford, Township Number Forty-eight, Prince County, Province of Prince Edward Island, said point having coordinates 391340E and 682824N (Point 1); Thence in an Easterly direction to a point having coordinates 402842E and 685094N (Point 2); Thence continuing in an Easterly direction to a point having coordinates 412508E and 684022N (Point 3); Thence in a Southerly direction to a point having coordinates 412569E and677948N (Point 4); Thence in a Southwesterly direction to a point having coordinates 409124E and 669114W (Point 5); Thence in a Southwesterly direction to a point having coordinates 407019E and 667350N (Point 6) on the shore of the Pinette Harbour in Township Number Fifty-eight, Queens County. Points are referenced to the PEI Survey Reference System with all coordinates being expressed in metres. The projection (Double Stereographic), is referenced to the North American Datum of 1983 realized from the Canadian Spatial Reference System (NAD83(CSRS)). (EC766/05) Page 16 Current to: August 10, 2024 t c