Natural Resources Regulatory and Permit Reform Initiative: Updates to natural heritage technical guidance for renewable energy projects

Background:

The Renewable Energy Approvals (REA) regulation (O. Reg. 359/09 or the REA Regulation) under the Environmental Protection Act requires applicable renewable energy projects to complete a Natural Heritage Assessment (NHA). Through the NHA, applicants identify any natural features at or near the proposed project location, follow procedures to determine if development prohibitions apply, and prepare an Environmental Impact Study (EIS) where required. 

The Natural Heritage Assessment Guide for Renewable Energy Projects (or the “Guide”), supports the completion of an NHA and EIS by setting out evaluation technical criteria and procedural guidance to address natural heritage protections required by the REA Regulation. 

The REA Regulation also requires applicants proposing wind power projects to prepare an Environmental Effects Monitoring Plan in respect of birds and bats. The plan must be prepared in accordance with the Ministry of Natural Resources (MNR) bird and bat guidelines. The bird and bat habitat guidelines provide guidance on identifying and assessing bird and bat habitat and addressing potential negative effects on their habitats during the planning, construction, and operation of onshore wind power projects in Ontario. 

Proposed Changes:

In alignment with the proposed amendments to O. Reg. 359/09, changes to the following guides are being proposed: 

• Natural Heritage Assessment Guide for Renewable Energy Projects
• Bird and Bird Habitats: Guidelines for Windpower Projects
• Bat and Bat Habitats: Guidelines for Windpower Projects  

The Natural Heritage Assessment Guide for Renewable Energy Projects (the "Guide”) is proposed to be amended as follows: 

1. The Guide would outline the training, skills or experience required for an individual to be considered qualified to prepare natural heritage assessments and reports.
2. Appendix C (Wetland Characteristics and Ecological Functions Assessment for Renewable Energy Projects) would be updated and simplified for certain wetlands (e.g., northern wetlands), where a full wetland evaluation is not required.
3. Criteria related to the evaluation of significance of some natural features would be amended. Amendments would be made to:
   • procedures for evaluating significant wetlands to align with the 2022 update to the Ontario Wetland Evaluation System manuals
   • technical criteria for evaluating significant woodlands
4. Content from the Bird and Bird Habitat and Bat and Bat Habitat Guidelines would be incorporated into the Guide and the bird and bat guidelines would be rescinded. Changes would:
   • result in a simplified protocol with no monitoring requirements for applicants who avoid key habitats and implement known effective mitigation strategies to reduce mortality risks and potential displacement impacts to birds and bats
   • update specific requirements (e.g., setbacks, monitoring protocols) to reflect new information
   • identify requirements under the Fish and Wildlife Conservation Act, 1997 that may apply to persons carrying out activities pursuant to a renewable energy approval.
5. Changes would be made throughout the Guide to clarify MNR’s roles and responsibilities, including to:
   • update references to geospatial and other information sources
   • remove content related to provincial parks and conservation reserves
   • update MNR’s role in REA applications to align with proposed regulatory changes to O. Reg. 359/09.
6. Other housekeeping changes to improve clarity and readability and to update or remove out of date content. 

 Regulatory impact analysis

• The proposed amendments are anticipated to have a neutral to positive impact on business as a result of simplifying requirements to complete a Natural Heritage Assessment.
• The proposed changes are intended to provide greater certainty for businesses who want to invest in developing renewable energy projects.
• Through this posting, we are seeking input on anticipated benefits or costs to Ontario businesses to better help the ministry understand the real costs or cost savings associated with these proposed changes.