Ontario Regulation 127 26 amends Ontario Regulation 359 09 under the Environmental Protection Act governing renewable energy approvals under Part V.0.1. The regulation updates definitions, administrative references, and procedural requirements for renewable energy projects in Ontario. Key amendments replace references to several provincial ministries, including updating the Ministry of the Environment and Climate Change to Ministry of the Environment, Conservation and Parks and updating Ministry of Natural Resources and Forestry to Ministry of Natural Resources across multiple sections of the regulation.

The amendments replace Aboriginal community references with Indigenous communities throughout the text. A significant change introduces a new exemption for certain biogas facilities under subsection 9 allowing smaller projects with nameplate capacity of ten megawatts or less located on non-electricity generating sites to qualify under specified conditions subject to notice and transition rules.

The regulation strengthens environmental assessment requirements by expanding the role of qualified persons who must conduct and attest to natural heritage evaluations, mapping, and reporting in accordance with the Natural Heritage Assessment Guide. The updated rules require environmental effects monitoring plans for wind projects near significant wildlife habitat particularly for birds and bats within specified proximity thresholds.

New provisions clarify evaluation of natural features including woodlands, wetlands, and areas of natural and scientific interest distinguishing between provincially significant and locally significant designations using standardized criteria. The regulation introduces a transition mechanism allowing applicants who have already submitted reports before the effective date to continue under prior rules for a limited period ensuring administrative continuity.

Attestation requirements are expanded requiring formal written confirmations from qualified persons verifying compliance with assessment procedures and report preparation standards under the guide. The regulation also revises the treatment of renewable energy approval applications clarifying documentation requirements including mapping, records, and investigative reports that must accompany submissions.

The regulation also updates references to the Provincial Policy Statement replacing it with the Provincial Planning Statement ensuring alignment with current land use planning frameworks. Finally it introduces detailed attestation forms and confirmation requirements that must be included in renewable energy applications enhancing transparency, accountability, and procedural rigor.

Ontario (127/2026) May 15, 2026
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