Key legal issues in the Green Energy Act

Bill 150, the Green Energy Act, will directly affect lawyers all over Ontario, including those  in the environmental, energy, municipal, and natural resource fields. As a result, the Ontario Bar Association is preparing detailed comments that will address at least the following issues:

• The new renewable energy  approvals, which will allow green energy projects to be built regardless of zoning, building code and similar restrictions, subject to provincial regulations on setbacks, etc.
• The rights of appeal objectors to such projects should have, including the heavy onus of proof  put on objectors by proposed section 145.2 .1(3) of the Environmental Protection Act.
• The right to connect  green energy projects to the electrical grid at public expense and the creation of renewable energy cooperatives.
  
• The guaranteed feed in tariff for green power, the environmental attributes of such power, and the special pricing for community- generated power.
  
•  The Environmental Bill of Rights amendments and public access to information.
•  The impact of increased electrical rates on low income families.
•  The implications for First Nations, especially in relation to small hydro development, and possibly
•  Mandatory energy audits and disclosure on the sale of real estate.

 

 As the Environmental Law Section’s Public Affairs chair, Dianne will be quarterbacking the submission.