Comments re: Approval and permitting requirements document for renewable energy projects

Lake Ontario Waterkeeper (“Waterkeeper”) has reviewed the Policy Proposal Notice and supporting materials regarding the Ministry of Natural Resources’ Approval and permitting requirements document for renewable energy projects (the “Draft Document”). We offer the following analysis and recommendations for your consideration:

• Remove the provision for reduced scope of requirements from the Draft Document. In the alternative, impose a requirement for the Ministry to provide written reasons its decision, as well as mandatory public notice, comment, and reconsideration requirements to ensure full transparency in the decision-making process.

• Remove the provision for reduced scope of requirements from the Draft Document. In the alternative, impose a requirement for the Ministry to provide written reasons its decision, as well as mandatory public notice, comment, and reconsideration requirements to ensure full transparency in the decision-making process.

• The role of the Facilitation Office should be broadened to ensure that it works for the public, not just developers.

• Add “sport and subsistence fisheries” to the list of site plan requirements contained in section 6.2.1.

Waterkeeper remains concerned that the Green Energy and Green Economy Act and its associated regulations and policies are unresponsive to important decision-making considerations such as fairness, transparency, public consultation, and the paramountcy of ensuring clean air, water, and healthy ecosystems. Our recommendations are intended to help improve the Draft Document. We would like to add, however, that it is not clear that decisions made regarding renewable energy projects would withstand the test of a legal challenge unless clear and genuine consideration for due process and environmental protection are afforded at every step of the decision-making process.

Read the original submission to the Ministry of Natural Resources here.