Chapter 4: Guidance for preparing the project description report

1. Purpose of the Project Description Report (PDR)

The Project Description Report (PDR) is the central summary document for an application for a Renewable Energy Approval (REA). It is required for all proposed renewable energy projects if they require an REA under O. Reg. 359/09. The PDR is a critical document for the purpose of reviewing an application since it will include a brief description of a renewable energy project and all negative environmental effects that may result from the project. It is also a critical document for the purpose of consultation since the PDR will be a window into the content of the additional project reports, summarizing the proposed activities and potential effects that will be of interest to stakeholders and the public. The PDR will also be used by the ministry to post a proposal notice on the Environmental Registry when a complete application is submitted. The sections that follow in this chapter will outline how the PDR content will be used to play this important role.

It should also be noted that as the central summary document for the project, the PDR may also be reviewed in relation to other authorizations from other provincial ministries or approval agencies, if such additional permits are required. Local conservation authorities may also issue permits related to certain project activities and the PDR could be used as a tool for related applications. It is recommended that in the PDR applicants consider including additional information required for other approvals, where appropriate.

2. Overview of PDR Content

The PDR provides information about the proposed renewable energy project by setting out a description of the following required information (as per Table 1 of O. Reg. 359/09):

1. Any energy sources to be used to generate electricity at the renewable energygeneration facility;
2. The facilities, equipment or technology that will be used to convert the renewable energy source or any other energy source to electricity;
3. If applicable, the class of the renewable energy generation facility;
4. The activities that will be engaged in as part of the renewable energy project
5. The name plate capacity of the renewable energy generation facility;
6. The ownership of the land on which the project location is to be situated;
7. If the person proposing to engage in the project does not own the land on which the project location is to be situated, a description of the permissions that are required to access the land and whether they have been obtained;
8. Negative environmental effects that may result from engaging in the project;
9. If the project is in respect of a Class 2 wind facility and it is determined that the project location is not on a property described in Column 1 of the Table to section 19 of O. Reg. 359/09, a summary of the matters addressed in making the determination;
10. If the project is in respect of a Class 2 wind facility in respect of which section 20 applies and it is determined that the project location does not meet one of the descriptions set out in subsection 20 (2) or that the project location is not in an area described in subsection 20 (3), a summary of the matters addressed in making the determination; and
11. An unbound, well marked, legible and reproducible map that is an appropriate size to fit on a 215 millimetre by 280 millimetre page, showing theproject location and the land within 300 metres of the project location.

When an application is submitted, the Ministry of the Environment and Climate Change (MOECC) will conduct a completeness review to ensure information has been provided on each of these topics. Section 3 of this chapter provides greater detail on the information expected to be provided under each of the requirements above in a PDR submitted as part of a complete application for an REA.

2.1 Use of the PDF as a Draft Document

The PDR is a key document for consultation throughout the development of the project. For most classes of facilities draft versions of the PDR must be published or submitted for the following purposes:

Use of the PDF as a Draft Document

Purpose1	Timing Constraints (if any)
For submission to the MOECC (Director) so the ministry can identify the Aboriginal communities that must be consulted about the project	Prior to all other consultation activities
For circulation to all Aboriginal communities identified by the ministry	Prior to issuing any public notices about the project
For public and municipal consultation in advance of the first public meeting	Made available at least 30 days prior to the first public meeting
Drafts may be made available during additional consultation meetings	N/A
For municipal consultation	At least 90 days in advance of the final public meeting
For public consultation in advance of the final public meeting	At least 60 days in advance of the final public meeting
A final version submitted as part of a complete application for an REA	At the time of submitting a complete application

Note that as part of the REA consultation process, the proponent should provide the draft PDR to other interested parties for the purposes of informing decisions on additional permits or approvals as required. For instance, if a project is proposed to be located on Crown land, the APRD outlines the requirement to address potential impacts on other Crown land tenure holders and users (e.g. mine claim holders, licensed bait fish operators, licensed trappers, etc.). Applicants are encouraged to provide such parties with a copy of the draft PDR to facilitate discussion and support MNRF decision Making.

2.1.1. Draft Content

The content of the drafts may continuously evolve from the first version that is submitted to the MOECC to obtain an Aboriginal Consultation List towards the point of finalizing the PDR when submitting a complete application. For instance, as the project moves forward the description of the project and its negative environmental effects that will or are likely to occur will be refined by considering the conclusions of required technical investigations and the comments received during consultation. While draft PDRs will provide a detailed description of all anticipated negative environmental effects, the final submitted PDR will reflect the final project description and final conclusions about the likelihood and magnitude of these effects.

As the PDR is finalized and additional project reports are drafted, the PDR becomes an executive summary of the project. As a summary report, the PDR will be a useful tool for later stage public consultation such as for the final public meeting and for consultation during the application review phase through the Environmental Registry proposal notice posting. For this reason it is important that the final PDR contains a comprehensive summary of the project including repetition of the key information from other reports such as the Design and Operations Report.

At all stages (drafts and final) the PDR should include sections or chapters covering all the required PDR contents specified in Table 1 of O. Reg. 359/09. In reading the subsequent sections of this chapter which further clarify the information needed in the PDR, applicants should be aware that the level of detail indicated reflects that which would be required for the final submitted PDR. As discussed above, earlier draft versions of the PDR may contain a level of detail consistent with the applicant’s progress to complete studies and investigations required for the REA.

In considering this evolution of the PDR, applicants should also be aware that some project changes may have a significant impact on the regulatory requirements that must be met. For example, if refined information about a wind turbine sound power level or name plate capacity causes the project to be reclassified according to the REA classes, this could add significant new requirements for the project. Applicants should exercise caution when proposing projects that have technical specifications near to the triggers for REA classes. If such a proposal is being made, it would be prudent for the applicant to confirm the Class of project prior to proceeding too far along the REA application process. In fact, this recommendation applies broadly to the proposal of renewable energy projects: applicants should not start the approval process until they have a solidified project concept to avoid triggering new requirements part way through the project if the proposal changes significantly.

2.1.2. Specific Guidance for the Preparation of a Draft PDR to Obtain a List of Communities for Aboriginal Consultation

The purpose of this section is to provide specific direction on the information needed in a draft PDR for the purpose of obtaining a list of Aboriginal communities for consultation.

The Crown has a duty to consult all Aboriginal communities that have existing or asserted Aboriginal or treaty rights that may be adversely affected by a Crown decision. The Crown has delegated procedural aspects of this duty to the applicant through various provisions of O. Reg. 359/09. With the exception of Class 2 wind projects, all REA applicants are required to obtain a list of Aboriginal communities to consult from the Director. To determine the communities on the list, the Director will rely on information provided in the draft PDR submitted for this purpose. Therefore, the draft PDR must include enough detail about the project to determine if there is a potential impact on an existing or asserted Aboriginal or treaty right or if an Aboriginal community is otherwise interested in negative environmental effects of the project that will or are likely to occur.

As with all draft PDRs, the draft submitted for an Aboriginal Consultation List should include sections or chapters covering all of the required PDR contents specified in Table 1 of O. Reg. 359/09. However, two components of the report will be of greatest use for determining potential impacts on Aboriginal rights or interests and require emphasis. These are:

• The description of negative environmental effects that will or are likely to occur; and
• The project location and the land use in the vicinity of the project location.

While the applicant’s assessment of the likelihood or magnitude of negative environmental effects that will or are likely to occur could change as the project moves towards a complete submission, it is important for the draft PDR to include all negative effects that could potentially occur. The draft PDR should go further than simply listing effects; a description should indicate as much information as possible about the cause of the effect, as well as how and where the effect will manifest in the environment. It is also important that all categories of negative environmental effects that will or are likely to occur discussed in section 5 of this chapter are considered. If the applicant believes that a negative environmental effect has no potential to occur, the draft PDR should include an explanation of how this determination was made.

The level of detail required for describing project equipment and activities in the draft PDR should reflect needs for identifying and describing negative environmental effects that will or are likely to occur. If the project has not been defined in adequate detail all negative environmental effects that will or are likely to occur, the draft PDR may be returned for further clarification prior to the ministry providing the list of Aboriginal communities to consult. This is illustrated in the following examples:

The key difference between Example 1 and Example 2 is that in 2 negative environment effects that will or are likely occur can still be described with the level of detail provided. In Example 1, an important project activity is not confirmed and thus negative environmental effects that will or are likely to occur can not be described. Applicants should bring their project planning far enough along to be able to describe all negative environmental effects that will or are likely to occur prior to completing a draft PDR.

As noted above, the project location and the land use in the vicinity of the project are also important in determining if negative environmental effects of the project that will or are likely to occur may impact the exercise of an existing or asserted Aboriginal or treaty right. Thus, a good quality map depicting the project and land within 300 m of the project is required in the draft PDR submitted for an Aboriginal Consultation List.

2.2. PDR Structure

The PDR is a key document for the purposes of consultation. The PDR should be structured clearly to help stakeholders interested in the project find information related to their interest or concern. It should also be structured in a manner that aids the MOECC in determining its completeness with respect to the regulated requirements in Table 1 of O. Reg. 359/09. To assist applicants in structuring the report to achieve these goals, the following draft outline is recommended:

• General Information (see section 3)
  • Name of the project and applicant
  • The project location
  • Description of the energy source, name plate capacity, and the class of facility
  • Contact information
  • Other approvals required
  • Federal involvement
• Project Information (see section 4)
  • Facility components
  • Project activities
  • Map of project location
  • Land ownership
• Negative environmental effects that will or are likely to occur (see section 5)
  • Heritage and Archaeological Resources
  • Natural Heritage
  • Water Bodies
  • Air, Odour, Dust
  • Noise
  • Land Use and Resources
  • Provincial and Local Infrastructure
  • Public Health and Safety
  • Areas Protected under Provincial Plans and Policies

The remainder of this chapter provides details on the information needed for the PDR, organized under the above headings.

3. General Information

The section on general information should provide a project overview that states the key facts of the project. This section must include the information required in Table 1 of O. Reg. 359/09 related to:

• Any energy sources to be used to generate electricity at the renewable energy generation facility;
• The name plate capacity of the renewable energy generation facility; and
• If applicable, the class of the renewable energy generation facility.

The section will also provide additional information about the project name, the project location, contact information, and other approvals required for the project including federal involvement, if applicable.

The ministry will draw upon the General Information section to create an Environmental Registry proposal notice for public consultation during the ministry review phase of the REA process. For this reason, applicants are recommended to include all of the information noted in the sections below.

3.1. Name of the Project and Applicant

This section should indicate the name of the applicant as well as the names of any previous proponent of the project, if the project had been publicly discussed by a different entity at an earlier stage.

The name of the project should be given, as well as any previous name used to describe the project, if the project had been publicly discussed using a different name at an earlier stage. If more than one project was merged to create the current project, this should also be indicated.

3.2 The Project Location

A description of the geographic location of the project should be given. This should include a summary map and written information such as the municipal address, legal description of the lot or lots, and the municipality or Crown land area in which the project will be located. The description should be selected to reflect the appropriate geographic scale of the project. For instance, a small scale project located on one property may best be described by the legal description of the property or the municipal address. Alternatively, a large project covering multiple lots may be best described by providing the municipalities in which it is located as well as the lots or other boundaries of the project such as roadways.

To complement the description of the geographic location, the total area of land covered by the project location (i.e. area of all project equipment and activities, see the definition of project location under O. Reg. 359/09 which is discussed in more detail in Chapter 1) should also be provided. For reference, the total area of the property or properties on which the project is proposed to be located should also be provided to indicate the lot coverage.

Note that there is a specific requirement for the PDR to include a more detailed map, see section 4.3. The description of the project location in the General Information section will not replace the need for this map; however reference to the map may be made in this section.

3.3. Description of the Energy Source, Name Plate Capacity, and Class of Facility

Applicants must describe any sources of energy that are proposed to be used to generate electricity, including all non-renewable supplementary fuel sources that may be used to generate electricity.

The name plate capacity and Class of facility should also be provided if applicable. Technology-specific guidance is provided below:

Wind

• The total name plate capacity of the turbines at the facility including the total number of turbines and their individual name plate capacities
• The sound power level in dBA of the proposed turbines
• The Class of wind facility
• A reference to technical information related to the model of turbine can also be made to direct the reader to information substantiating the name plate capacity and sound power level

Solar

• Total name plate capacity of the facility (see section 4.1 of Chapter 1 for more detail on how this should be reported)
• The Class of solar facility, if applicable
• A reference to technical information related to the model of solar photovoltaic (PV) module can also be made to direct the reader to information substantiating the name plate capacity

Bio-energy

• Information about the energy source must indicate if anaerobic digestion, thermal treatment, biogas, or another method of generating electricity is proposed
• If the project relates to an anaerobic digestion facility or a thermal treatment facility, the applicant should indicate if the facility will be located at a farm operation
• Name plate capacity and Class of facility (if applicable)
• Name plate capacity and Class of facility (if applicable)
• The amount of electricity generated from non- renewable resources (such as natural gas) as a percentage of the total amount of electricity generated. Applicants are advised to consult paragraph 9 (1) 7 which specifies that for facilities with name plate capacity under 500 kW, 90% of the electricity must be from renewable sources. For facilities with name plate capacity over 500kW, 95% of the electricity must be from renewable sources. This measure includes electricity generated during start up and shut down periods. Providing the percentage of non-renewable electricity generation will demonstrate how the project meets the requirements for being a renewable energy generation facility for the purpose of O. Reg. 359/09.

3.4. Contact Information

The contact information that the applicant should provide in the PDR includes:

• The name of the applicant and any co-applicant(s)
• The name of any project consultant(s) representing the applicant, if applicable

Contact information should include the address, telephone, fax, and e-mail that the applicant and consultant (if applicable) can be reached at. While a corporation name can be provided, an individual’s name should be identified as the contact person for the project for both the applicant(s) and consultant(s). If the applicant has a website, the address of the website should also be provided.

3.5. Other Approvals Required

To ensure that project approvals are evaluated in a timely and coordinated manner, it is recommended that applicants provide information relating to all required or applicable permits, licences and authorizations, other than the REA approval, that applicants believe must be obtained for the project to proceed. For example, this may include permits from the Ministry of Natural Resources and Forestry (MNRF), as outlined in the APRD, the Ministry of Transportation (MTO), municipal building permits and conservation authority permits, etc.

3.6. Federal Involvement

It is recommended that applicants provide information on any federal environmental assessment required under the Canadian Environmental Assessment Act to which the project has been or could be subjected to, as well as information on the status of the federal EA process, federal authorities involved, and contact persons. Additional federal approvals may apply to the project including those under the Fisheries Act and Species at Risk Act, among others. Applicants that are required to obtain other federal permits and approvals should provide information related to the status of those permits and approvals.

4. Project Information

The project information section of the PDR provides an overview of all the project components and project activities proposed. This section will include the information required for the following content outlined in Table 1 of O. Reg. 359/09:

• The facilities, equipment or technology that will be used to convert the renewable energy source or any other energy source to electricity;
• The activities that will be engaged in as part of the renewable energy project;
• The ownership of the land on which the project location is to be situated;
• If the person proposing to engage in the project does not own the land on which the project location is to be situated, a description of the permissions that are required to access the land and whether they have been obtained; and
• An unbound, well marked, legible and reproducible map showing the project location and the land within 300 metres of the project location.

4.1. Facility Components

Applicants must further describe the facilities, equipment or technology used to generate electricity and all associated and ancillary equipment needed to engage in the project.

Examples of the generation equipment and ancillary components to be considered are described below:

Electricity Generation Equipment

Wind

Wind turbine information should include the make, model, name plate capacity, tower height, hub height above grade, blade length, blade sweep area, rotational speeds and acoustic emissions data, including the sound power level and frequency spectrum, in terms of octave-band sound power levels. Key specifications should be reported in the PDR, with reference to the Wind Turbine Specification Report for greater detail (if applicable).

Bio-energy

Generation equipment related to anaerobic digestion, biogas, thermal treatment, biofuel or biodiesel or other energy generation equipment including the generator and any air pollution control equipment. Feed and waste handling equipment and storage facilities.

Solar

Solar photovoltaic (PV) module information, including make, model, name plate capacity, size, dimensions, number of modules etc.,
Solar thermal, generators, pressure vessels and solar photovoltaic cells.

Ancillary Components

• Roads
• Transmission/distribution lines, poles, or support structures if applicable
• Transformers
• Other electrical conversion, metering, and protection/control equipment as applicable
• Lay down areas
• Storage infrastructure
• Buildings (temporary and permanent, required for the project)
• Water crossings (e.g. bridges)

4.2. Project Activities

In this part of the PDR, applicants must provide an overview of all activities engaged in as part of project throughout all project phases. At the time of submission, more detail on these activities will be included in the Design and Operations Report and sections of this report can be referenced if relevant. However it is important that the applicant still provide an overview of all activities in the PDR so that it can be a useful document for the purpose of consultation.

The following should be described:

• All activities involved in the construction, installation, use, operation, changing and retiring of the facility
• The facility phases and the timing and scheduling of each phase for a new facility or for the expansion of or modification to an existing facility (e.g. time of year, frequency and duration)
• Any solid or liquid wastes proposed to be generated while engaging in the project and any plans to manage these wastes
• Air and noise emissions that are likely to be generated while engaging in the project
• Disposal plans for any toxic or hazardous materials to be used or any by-products to be generated while engaging in the project
• Any plans for managing sewage and storm water
• Any water-taking from ground water or surface water

4.3. Project Location Map

Applicants must submit an unbound, well marked, legible and reproducible map showing the project location and the land within 300 metres of the project location. The map is also required to be drawn to scale and include both a scale bar and north arrow.

The map should also:

• Identify the boundaries of the project location;
• Identify and briefly describe on-site land uses on the project location;
• Identify and describe the off-site land uses within minimum 300 metres of the project location;
• For a project proposed to be built on Crown land, illustrate Crown land tenure holders and users and existing/proposed access roads and trails; and
• To the extent that is feasible in depicting information clearly on the map show:
  • Any cultural heritage resources (note that the precise locations of archaeological sites are sensitive and should not be included in the map), natural features, and water bodies identified through the records review, municipal drains, and contours of the area.

For projects proposed in Southern Ontario, indicate that the 75 metre setback from petroleum wells and facilities has been met or an engineer’s report prepared to mitigate any potential negative effects to the renewable energy generation facility.

4.4. Land Ownership

Applicants must clearly identify if the land is privately owned or owned by the Crown. A legal description of the parcels of the land that will be used for the proposed renewable energy generation facility must be provided for private land and Crown land, where available, at the time of application.

If the applicant does not own the land over which the project is proposed, the PDR must describe through what legal means (easements, leases, etc.) it will be entitled to access and carry out all phases of the project on the land.

For project locations proposed on Crown land or a mix of Crown and private lands, applicants should identify the:

• land registration parcel identification number for registered interests;
• jurisdiction of Crown lands affected by the proposed project (e.g. acquired, unpatented, etc.); and
• type of Crown tenure being sought (e.g. patent, lease, etc.).

One example of how land ownership or rights can be described is where an applicant includes in the PDR a generic copy of the lease or other legal instrument used along with a statement that notes all the lots have been granted access through the lease.

5. Description of Environmental Effects

In this section of the PDR, negative environmental effects that will or are likely to occur from engaging in a renewable energy project must be described. Applicants may also describe any positive environmental effects that may result from engaging in a renewable energy project.

The description of negative environmental effects that will or are likely to occur is a critical element of the REA application. This description will form the basis and framework for describing all mitigation strategies and design features contained in the other REA reports. For instance, this list should be used to generate the Environmental Effects Monitoring Plan (EEMP) in the Design and Operations Report, where each potential effect is connected to related mitigation strategies, performance objectives for mitigation, monitoring, and contingency plans, as appropriate. The description of negative environmental effects that will or are likely to occur should also reflect all phases of the project, including construction, installation, operation, use, and decommissioning of a renewable energy generation facility.

From a project management perspective, it is recommended that applicants complete a preliminary records review and a preliminary site visit prior to preparing a draft PDR. While sections 24 to 26 and 29 to 31 of O. Reg. 359/09 has requirements for formal records review at and within 120 meters (with the exception of ANSI (earth sciences) at and within 50 meters) and site investigation at and within 50 to 120 meters of the project location related to natural features and 120 meters for water bodies, applicants are encouraged to conduct a preliminary search to help identify features of potential interest and describe negative environmental effects that will or are likely to occur at an early stage.

The following Table helps clarify the formal site investigation requirements of section 26 of O. Reg. 359/09 in regards to natural features.

Renewable Energy Type	Project Location Component	Site Investigation Area (includes air, land and water)
Solar Projects	Construction, installation or expansion of a solar facility (all project components)	At and within 50 m of the project location
For Wind & Bio-energy Projects	Construction, installation or expansion of a transmission or distribution line Expansion of an existing transformer station or distribution station Expansion of an existing transportation system	At and within 50 m of project location component*
For Wind & Bio-energy Projects	General development (i.e. all other types of construction, installation, or expansion)	At and within 120 m of project location components*

The preliminary site visit may simply be a non-technical walkabout survey. It is further recommended that this visit cover a broad area out to at least 300 metres of the project location, to the extent possible. In so doing, applicants will be able to consider negative environmental effects that will or are likely to occur, even if they are likely to manifest beyond the setback distances for most natural features and water bodies. A survey of the broader vicinity of the project location will also aid applicants in confirming the contents of the required Project Location Map (see section 4.3 Project Location Map).

As discussed in section 2.1, draft versions of the PDR are used at various points during the REA consultation process and the description of negative environmental effects that will or are likely to occur will become more refined as project planning moves forward. Applicants are encouraged to revise the description of negative environmental effects that will or are likely to occur in PDR drafts as new information is obtained through consultation with relevant federal and provincial agencies and municipal authorities, potentially affected and interested individuals, Aboriginal communities and the public.

When submitted as part of an application for an REA, the description of negative environmental effects that will or are likely to occur contained in the PDR should stand as a final comprehensive assessment. At that time, the PDR should also state conclusions about the likelihood and magnitude of the environmental effects that will or are likely to occur. These conclusions will be supported by other technical reports that accompany the PDR and sections of these reports (such as the Design and Operations Report) can be referenced to assist the reader in locating relevant project details.

The reports required by Table 1 of O. Reg. 359/09 and in other sections of the regulation itself (such as for the Design and Operations Report, Surface Water Assessment Report, etc.) contain content sections that should allow for a fulsome discussion related to negative environmental effects that will or are likely to occur by engaging in the renewable energy project.

For instance, negative environmental effects that will or are likely to occur from odour at a bio-energy facility can be discussed in relation to facility design measures in the Design and Operations Report and through the evaluation of odour in an odour study report (if required). However, some negative environmental effects that will or are likely to occur that are not easily discussed in the standard reports required by the regulation.

Stormwater Management Plan

The ministry expects applicants to include key elements of Stormwater Management Plans and Traffic Management Plans in the Project Description Report, as this plan is already required in the Design and Operation Report and Construction Report of the REA application. Including this plan in the PDR reassures the ministry that the applicant is considering how to address negative environmental effects that will or are likely to occur. For instance, most renewable energy project proposals include land surface changes (both temporary and long term) that may alter the quantity or quality of stormwater flows generated on the site. At a minimum, a conceptual Stormwater Management Plan and Erosion and Sediment Plan addressing all project phases should be prepared with the application to address any potential for negative environmental effects.

Traffic Management Plan

Similarly, a number of renewable energy projects can have negative environmental effects as a result of truck traffic related to construction and/or operation of the facility. If traffic issues are identified as a negative environmental effects that will or is likely to occur, an applicant should prepare a Traffic Management Plan to evaluate this impact and propose mitigation measures. Further clarity on the content of Storm Water Management Plans and Traffic Management Plans, as well as circumstances where the ministry would expect such plans to be prepared, is given in sections 5.3 and 5.6, respectively.

The following sections provide more detail on ministry expectations about the description of negative environmental effects that will or are likely to occur. These sections represent the principal categories of negative environmental effects that should be considered in preparing the PDR. If an applicant determines that a negative environmental effect may occur that is not captured by one of these categories, they must still include it in their description.

5.1. Cultural Heritage (Protected Properties, Archaeological and Heritage Resources)

As outlined in section 6.1 of Chapter 1, applicants must meet the cultural heritage requirements of sections 19 to 23 of O. Reg. 359/09. This involves determining whether there are any protected properties described in Column 1 of the Table in section 19, on or abutting the parcel of land on which the project is situated. Applicants are also required to identify what archaeological and heritage resources are present at the project location through the archaeological and heritage assessment processes. Once resources are identified and evaluated, the assessment reports will evaluate negative environmental effects that will or are likely to occur and make recommendations for the avoidance or mitigation of those effects.

With the exception of projects prescribed under section 20, all applicants must undertake archaeological and heritage assessments, unless they determine that there is low potential for archaeological and heritage resources at the project location and that there are no abutting protected properties, by using the checklists issued by the Ministry of Tourism, Culture and Sport (MTCS):

• REA Checklist: Consideration of Potential for Archaeological Resources; and
• REA Checklist: Consideration of Potential for Heritage Resources.

Depending on the outcome of the checklists, heritage or archaeological assessments may still be necessary. Applicants looking to minimize risk and to achieve a higher level of certainty may choose to undertake heritage and archaeological assessments without filling out the checklists.

In the case of those projects that are prescribed under section 20, a heritage assessment is not required. An archaeological assessment is only required if one of the following conditions is met:

• the project location is within 250 m of an archaeological resource known to MTCS;
• the facility is located on a property designated as an archaeological site under Reg. 875 made under the Ontario Heritage Act; and/or
• the facility is located on a property designated as an archaeological site under Reg. 875 made under the Ontario Heritage Act; and/or

In this section of the PDR, applicants should provide a summary of negative environmental effects that will or are likely to occur on the following cultural heritage resources: any protected properties on and/ or abutting the parcel of land the project is situated on, archaeological resources and/or heritage resources. This description will be largely based on conclusions drawn from the heritage and archaeological assessment reports.

In the case of Class 2 wind projects, if an applicant determines that there are no protected properties at the project location, and / or that the project location does not meet any of the conditions listed in section 20, a written summary supporting these conclusions must be included in this section of the PDR.

Applicants should consult the MTCS's guide “Cultural Heritage Resources: An Information Bulletin for Projects Subject to Ontario Regulation 359/09 Renewable Energy Approvals” for more information on how to fulfil REA requirements outlined in sections 19 to 23 of O. Reg. 359/09.

5.2. Natural Heritage

As outlined in section 6.2 of Chapter 1, applicants should consider whether the proposed renewable energy project may have an impact on natural heritage features including but not limited to Areas of Natural and Scientific Interest (ANSI), wetlands, woodlands, wildlife habitat, provincial parks, and conservation areas. This description will be largely based on conclusions drawn from reports related to the Natural Heritage Assessment (NHA) prepared to fulfil REA requirements provided in sections 23.1 to 28 of O. Reg. 359/09. Applicants should consult the MNRF guide “Natural Heritage Assessment Guide for Renewable Energy Projects” for more information on this assessment.

In order to assess whether MNRF permits or approvals are needed applicants may also be required to provide additional information about natural features and resources as outlined in the Section 6.3.2 of the APRD.

For applicants proposing a Class 3, 4, or 5 wind facility, an Environmental Effects Mointoring Plan (EEMP) is required in respect of impacts to birds and bats. The description of negative environmental effects that will or are likely to occur for these facilities in the PDR should include potential impacts to birds and bats as an effect and provide a summary/reference to the monitoring plans. More information on preparing these plans can be found in the following guidance documents published by the MNRF:

For Bird Habitat:
“Birds and Bird Habitats: Guidelines for Wind Power Projects” dated December 2011 as amended from time to time.

For Bat Habitat:
“Bats and Bat Habitats: Guidelines for Wind Power Projects” dated July 2011 as amended from time to time.

Negative environmental effects related to natural heritage resources that will or are likely to occur may include effects that are not covered within the NHA or Bird and Bat Monitoring Plans.

Other approvals, such as those under the Endangered Species Act, 2007 or approvals under the Fisheries Act administered by Fisheries and Oceans Canada, may address additional potential effects. Applicants should describe all negative environmental effects related to natural heritage resources that will or are likely to occur and indicate where additional approvals (either granted or required in the future) will address specific effects.

When preparing a draft PDR for the purpose of early- stage consultation activities, the NHA is not likely to be completed. In this case it is recommended that applicants provide information relating to all natural heritage requirements that applicants believe must be completed in order for the application to be submitted. A summary of any preliminary records or site visit conducted should also be included. Prior to completing a draft PDR, the applicant should have enough information about the project location to be able to anticipate and generally describe all negative environmental effects that will or are likely to occur.

Applicants may also consult with conservation authorities regarding potential natural heritage features in the proposed development areas. As local resource management agencies, Conservation Authorities may have a board approved program or municipality delegated role in the collection of natural heritage information.

At the time of submitting an REA application, the PDR should include a summary of conclusions about the significance of negative environmental effects on natural heritage that will or are likely to occur drawn from the reports identified above and any other work to obtain additional permits.

5.3. Impacts on Surface Water and Ground Water

Applicants are expected to consider whether the proposed renewable energy project may have an impact on both surface water (e.g. lake, a permanent stream, an intermittent stream and a seepage area) and ground water. The description of negative environmental effects that will or are likely to occur in the PDR should be connected to the applicant’s water assessment and any supplementary report prepared to describe impacts resulting from locating the facility within the required setbacks to water bodies (as described in subsections 39 (2) and 40 (2) of O. Reg. 359/09). Similarly, if additional reports related to water, such as the Hydrogeological Assessment Report, Surface Water Assessment Report and Effluent Management Plan Report, are required as part of an REA application, the conclusions from these additional reports should be summarized.

Potential impacts on water bodies may also be subject to additional permits required by a local conservation authority, MNRF and/or Fisheries and Oceans Canada.

Conclusions drawn from work undertaken or proposed in relation to these permits can also be used to describe negative environmental effects of the project that will or are likely to occur.

In considering negative environmental effects on water bodies and ground water that will or are likely to occur, the applicant should evaluate the following activities/ mechanisms:

Water Takings

If a water taking activity is proposed in any of the project phases (including construction) applicants must describe all negative environmental effects that will or are likely to occur with regard to water quality, quantity and impacts on existing uses of the surface or ground water resource. Important environmental effects to consider include, but are not limited to:

• The potential to interfere with existing uses of the water resource (especially with domestic drinking water or household supplies);
• The prospect for ground water pumping to cause migration of contamination that can impair existing use of aquifers;
• The potential to stop or reduce surface water flow to a rate or level that interferes with natural functions of water bodies;
• The potential to cause flooding, erosion or contamination of water bodies to which return flow of taken water is directed; and
• The potential for ground water taking to result in land subsisdence and related property damage.

The description should be included in the PDR for all water takings, including those less than 50,000 litres per day. Conclusions about the magnitude and likelihood of potential effects should be based on a summary of information contained in other reports, such as the Design and Operations Report where the nature of the water taking will be detailed.

Applicants are advised to discuss potential water takings with the MOECC, Environmental Approvals Access and Service Integration Branch at an early stage of project planning. In this way, the risk of negative environmental effects that will or are likely to occur can be addressed commensurate with the water taking activity (short term, long term, occasional). It will also outline the appropriate and relevant water conservation and use efficiency measures according to the life cycle stage of the renewable energy generation facility.

Discharge into a Water Body

If a discharge of sewage including storm water to a water body such as a lake or stream is proposed, applicants must describe negative environmental effects that will or are likely to arise from the discharge. In most cases, applications proposing effluent discharges will also require an Effluent Management Plan Report and a Surface Water Assessment Report as part of a complete application. Since equipment such as piping conveying the effluent to the water body is considered part of the “project location”, discharges to surface water will likely also require the applicant to submit a supplementary report documenting any additional mitigation measures as a result of not adhering to setback requirements under sections 39, 40, 44, and 45 of O. Reg. 359/09. The conclusions of these reports should be summarized to indicate the significance of negative environmental effects that will or are likely to occur.

Discharges of sewage to the surface of the land or underground (for instance to a septic tank) may also be proposed. Negative environmental effects that will or are likely to occur from such discharges must also be described if they are proposed as part of a renewable energy project.

Spills

Applicants should identify if there are any activities proposed in any of the project phases that could result in accidental spills of contaminants. The significance of this negative environmental effect should be described in the context of information provided in the facility design, operations plan and emergency response plan in the Design and Operations Report where mitigation measures may reduce the risk of spills.

Surface Water Runoff

Applicants should determine if changes to the site during any phases of the project may affect the quality and quantity of surface water runoff. If changes to the quality or quantity of runoff could result in negative environmental effects, these effects should be described. Furthermore, if a water body exists within the setback distances prescribed under sections 39, 40, 44, and 45 of O. Reg. 359/09, any specific impacts on the water body and the land within 30 metres of the water body as a result of surface water runoff should also be described.

As mentioned at the beginning of section 5, an applicant may determine that a Storm Water Management Plan is the best way to describe negative environmental effects that will or are likely to occur due to surface water runoff. Such a conclusion could be drawn if landscape changes (such as an increase in impervious surface) were likely to result in a significant change to surface water flow or quality. Since the content of a Storm Water Management Plan is not prescribed by Table 1 of O. Reg. 359/09, the applicant should determine the appropriate content of such a report in order to best support conclusions about negative environmental effects that will or are likely to occur. This can be done by consulting with the MOECC Regional or District Office that has jurisdiction over the proposed project location. The MOECC publication “Stormwater Management Planning and Design Manual” (2003, Publication #4329e) can also be used to assist applicants in determining appropriate storm water management practices. A local conservation authority, if one has been established, may also be an important source of information for preparing a Storm Water Management Plan. For instance such an authority may have previously generated a watershed or sub-watershed plan that may provide relevant information.

At a minimum, as set out in the Design and Operations Report, a conceptual Stormwater Management Plan and Erosion and Sediment Plan during construction and post-construction should be prepared and submitted with the application to address any potential for negative environmental effects. The ministry may require more detailed, site-specific Stormwater Management Plan and Erosion Sediment Plan on a case by case basis.

As part of the Design and Operations report, a conceptual Stormwater Management Plan and Erosion and Sediment Plan addressing the design and operation of the facility is required to be prepared to address any potential for negative environmental effects, and include:

• a description of any works for the collection, transmission, treatment and disposal of sewage,
• a description of the expected quantity of sewage produced and the expected quality of that sewage at the project location and
• the manner it will be disposed of, including details of any sediment control features and storm water management facilities.

5.4. Emissions to Air including Odour and Dust

Applicants are expected to describe negative environmental effects that will or are likely to result from engaging in a project on air quality due to emissions of contaminants, including but not limited to, nitrogen dioxide, sulphur dioxide, suspended particulates; and negative effects from the emission of dust or odour. This description should consider activities in all project phases including construction.

5.5. Noise

Applicants are expected to describe negative environmental effects that will or are likely to occur from the emission of noise on noise receptors in the vicinity of the project. All project phases should be considered, including construction.

Specific Guidance for Class 2 Wind Projects

Small wind projects that fall under the definition of Class 2 (greater than 3 kW but less than 50 kW name plate capacity) do not have noise-based setback requirements under O. Reg. 359/09. These projects also have streamlined reporting requirements where the application requires only the PDR and a Specifications Report (Class 2 Wind Facility). While the application requirements have been scaled to reflect the more limited potential impact of Class 2 wind facilities, it is still important that the applicant discuss negative environmental effects that will or are likely to occur due to noise in the submitted PDR. To do so, it is recommended that the applicant include the following information:

• A summary the noise emissions of the proposed turbines with reference to the Class 2 Wind Facility Specifications Report;
• A description of the location of the wind turbine (or turbines) in relation to the location of noise receptors in the vicinity of the project; and
• Conclusions about the likelihood and magnitude of negative environmental effects that will or are likely to occur from noise as a result of the project and how these are addressed/mitigated.

This information does not need to include a noise study unless the applicant determines that the scale or uncertainty of negative environmental effects that will or are likely to occur from noise is sufficient to warrant such a study.

Specific Guidance for Class 3 Wind Projects

Class 3 wind projects are those with name plate capacity greater than or equal to 50 kW but with turbines that all have a Sound Power Level less than 102 dBA as determined through standard CAN/CSA-C61400-11-07. Such turbines are quieter than normal industrial scale turbines and as such are not required to meet the noise setback requirements in O. Reg. 359/09. However, even though these turbines may have less impact than those with a Sound Power Level greater than or equal to 102 dBA, Class 3 facilities cover a range of project scales that can include large projects with multiple turbines. For this reason applicants are strongly recommended to prepare a noise study in accordance with the MOECC Publication “Noise Guidelines for Wind Farms” (October 2008, Publication #4709e) as a way to evaluate noise effects for Class 3 facilities and determine appropriate setback distances from noise receptors.

While other means for describing noise impacts could be considered by an applicant, if the information provided does not allow for the rigorous review of turbine noise, the Director can request a noise study be submitted during the review phase under authority of subsection 47.4 (2) of the Environmental Protection Act. Since a request during the application phase has the potential to delay application review timelines, applicants proposing to not submit a noise study are advised to discuss their approach with the Environmental Approvals Access and Service Integration Branch at the MOECC at an early stage of project planning.

5.6. Local Interests, Land Use and Infrastructure

In this section of the PDR, applicants are expected to describe negative environmental effects on local interests and infrastructure that will or are likely to occur. Some examples of local interests and infrastructure that may be potentially affected include:

• Road capacity and local traffic;
• Road infrastructure itself (i.e. damage to roads during construction);
• Water and sewage infrastructure (note that impacts on surface and ground water are covered in section 5.3);
• Electrical, telecommunications, and/or natural gas infrastructure, if applicable;
• Local airports or aerodromes;
• Local airports or aerodromes;
• Hiking or other recreational trails.

Proponents are advised to consult early in the REA process with municipalities, local service boards and other federal/provincial government agencies, as applicable, to identify local interests in the vicinity of the project and to determine negative environmental effects that will or are likely to occur from the project. This discussion will also outline the need for any additional permits (such as building permits, road use agreements, and others). Specifically with respect to provincial highways and roads it is recommended that applicants contact MTO early in the process to determine any additional permit requirements.

Municipal consultation on these interests is further facilitated by the Municipal Consultation Form which must be provided 30 days in advance of the first public meeting to each municipality (both upper and lower tiers where tiered jurisdictions exist) in which the project is located. Sections on the Municipal Consultation Form will allow the municipality to comment on the potential impacts on local interests. This feedback should assist the applicant in assessing the magnitude and likelihood of negative environmental effects that will or are likely to occur related to local interests and infrastructure.

The description of effects related to local interests will also benefit from meaningful consultation with the public and Aboriginal communities, which may identify additional interests not known to the applicant or provide suggestions for mitigation that can be used to minimize impact.

At the time of submitting the PDR as part of a REA application, the description of negative effects on local interests and infrastructure should reflect any changes that result from comments received from all avenues of consultation.

Airports/Aerodromes

Proponents are encouraged to consult early in the REA process with municipalities and owners/operators of local airports and/or aerodromes to determine if there are any concerns with respect to the impact the project may have on the airport/aerodrome’s operations. This may include contacting airports and/or aerodromes surrounding the project that are outside of the local municipality. Proponents should make every effort to mitigate any concerns raised by the public, owner/ operator of the airport/aerodrome, and the local municipality. Proponents should also contact the MOECC, Environmental Approvals Access and Service Integration Branch to discuss the issues raised and the potential mitigation. Additionally, proponents may be subject to marking and lighting requirements on structures located near airports/aerodromes as determined by Transport Canada. Nav Canada may also notify proponents of any potential of disturbances to the air navigation and/or radar systems and, in some cases, may request the movement of turbines and/or require the airport to alter instrument approaches if there is the potential to affect these systems.

Traffic Management Plans

As discussed at the beginning of section 5, applicants may determine that negative environmental effects that will or are likely to occur from project construction and/or operation related to road capacity and local traffic warrant the preparation of a Traffic Management Plan. Such plans are not a strict requirement for REA applications but may be the only way to adequately describe the effects on local traffic, how the effects will be mitigated and justify conclusions about the significance of negative environmental effects that will or are likely to occur. A Traffic Management Plan will also assist with consultation with the municipality, which may have valuable suggestions regarding the management of traffic based on municipal expertise and knowledge of local traffic issues. It should be noted that the Director has the authority to request that an applicant submit a Traffic Management Plan if one is not provided and the Director is of the opinion that such a plan is needed in order to make a decision with respect to granting a REA. Applicants are encouraged to discuss traffic management with the MOECC’s Environmental Approvals Access and Service Integration Branch at an early stage in project planning. Since the content of a Traffic Management Plan is not prescribed by Table 1 of O. Reg. 359/09, the applicant should determine the appropriate content of such a report in order to best support conclusions about negative environmental effects that will or are likely to occur and mitigating measures. An example of the content that could be included is:

• The current traffic flow in the vicinity of the project location;
• The truck or other vehicular traffic proposed during various phases of the project including the number of trucks, timing of use and routing/path of site access;
• A description of how truck timing, routing, or other mitigation measures will be used to minimize impacts to traffic flow and the safety of road users; and
• An evaluation of the net effects on traffic and road safety in light of the mitigation commitments proposed.

Applicants that will be transporting oversize components by road will need to contact the Ontario Provincial Police (OPP) to arrange for a police escort. The contact information for the OPP can be found in Appendix 2.

Stray Voltage Impacts on Livestock from Associated Electrical Distribution Lines

Stray voltage from distribution lines on livestock farms has been found in some circumstances to result in negative effects on the health of livestock as described in the Ontario Energy Board (OEB) discussion paper “Farm Stray Voltage: Issues and Regulatory Options” (May 2008, Publication #EB-2007-0709) available online.

While stray voltage can come from a variety of on and off farm sources, under certain circumstances the installation of electrical distribution lines and other electrical equipment as part of a renewable energy project could have the potential to increase stray voltage on a livestock farm.

If an applicant for an REA determines that the proposed project has the potential to contribute to stray voltage on a livestock farm in proximity to the electrical project components, this negative environmental effect should be described in the PDR. The description, if provided, should discuss the likelihood and magnitude of the potential effect in light of the electrical design of the project. For instance, applicants should note in their application all electrical equipment that must be certified by the Electrical Safety Authority to meet the Ontario Electrical Safety Code.

Currently, suspected farm stray voltage issues are investigated by the local distribution company servicing the livestock farm in question since the electrical servicing of the impacted farm is often the most likely outside source of stray voltage. Such investigations are governed by section 4.7 of the OEB Distribution System Code, available online.

If an applicant determines that electrical equipment associated with the project has the potential to cause a stray voltage impact, the EEMP in the Design and Operations Report should describe how the applicant will work with the local distribution company to investigate and remedy any realized impacts.

A good reference for further information on stray voltage can be found on the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) website.

5.7. Other Resources

Negative environmental effects that will or are likely to occur related to other resources should also be described in the PDR. These effects should take into consideration the land use depicted on the Project Location Map and any land use changes resulting from the project. Additional examples of resources that may be impacted by a project include, but are not limited to:

• Aggregate resources
• Landfill sites
• Forest resources

If negative environmental effects that will or are likely to occur on the use of other resources are identified, they should be discussed in the PDR.

5.8. Public Health and Safety

Applicants are expected to describe negative environmental effects on public health and safety that will or are likely to occur. In order to make conclusions about the magnitude and likelihood of health and safety effects, key sections of other documents, such as the demonstrated adherence to setback distances for wind facilities and the emergency response and communications plan in the Design and Operations Report, should be referenced.

In light of the ministry’s transparent setback standards for turbine siting, REA applicants for Class 3, and 4 wind facilities should indicate how the project will comply with the setback requirements when describing negative environmental effects on public health and safety that will or are likely to occur related to turbines

5.9. Areas Protected under Provincial Plans and Policies

Applicants are also expected to determine if any part of the project location is proposed on land in key provincial land use plans. These plans include the Greenbelt Plan, Oak Ridges Moraine Conservation Plan, Niagara Escarpment Plan, and the Lake Simcoe Protection Plan.

Projects located on land protected by key provincial plans may have additional approval, setback and reporting requirements under O. Reg. 359/09. Examples of these requirements are described on the following page.

Greenbelt Plan

If the proposed renewable energy generation facility is located in the Protected Countryside (other than one entirely on a settlement area) as described in the Greenbelt Plan, the NHA will also assess additional natural features such as sand barrens, savannahs, tallgrass prairies, non-provincially significant wetlands, life science ANSIs and alvars. Natural Heritage setback distances and Environmental Impact Study requirements will apply to these features.

See section 41 of O. Reg. 359/09 for more information on requirements under the REA.

The Ministry of Municipal Affairs and Housing has information on its website related to the Greenbelt plan, including maps.

Lake Simcoe Watershed

If any part of the project location is within the Lake Simcoe Watershed applicants are required to include additional information in the Design and Operations Report. Specifically they must describe project impacts on the shore of Lake Simcoe as well as a description of how the project will be engaged in to maintain the natural contour of the shoreline and use vegetative riparian areas.

See Table 1 of O. Reg. 359/09, Item 4: Design and Operations Report, Column 2, Paragraph 6 for more information on requirements under the REA.

The MOECC has information on its website related to the Lake Simcoe Protection Plan, including maps.

Niagara Escarpment Plan

If the proposed renewable energy generation facility will be located in the area of the Niagara Escarpment Plan (NEP), applicants must describe the following:

• The land use designations for the area on which the renewable energy generation facility is proposed to be built
• The need to obtain a development permit and an overview of the requirements of such a permit

If a development permit is required under the NEP, applicants will be required to submit a copy of the permit obtained from the Niagara Escarpment Commission (NEC) as part of their complete REA application.

Applicants should note that in order to make a decision on a development permit application, the NEC may require information other than the information required for the PDR. It is recommended that applicants contact the NEC as early as possible for a complete list of information that will be required. Applicants are also encouraged to set-up a joint meeting with the MOECC and NEC, early in the process, to discuss all the requirements for the projects that will be proposed within the NEP area.

Consult section 32 of O. Reg. 359/09 for more information on requirements under the REA.

The NEC website has information related to the NEC, including maps.

Oak Ridges Moraine Conservation Plan

If any part of the project location is within the area designated as Oak Ridges Moraine Conservation Plan Area, the NHA will also assess additional natural features such as sand barrens, savannahs, non-provincially significant wetlands, life science ANSIs and tallgrass prairies. Natural Heritage setback distances and Environmental Impact Study requirements will apply to these features.

Consult sections 42, 43, 44, 45, and 46 of O. Reg. 359/09 for more information on requirements under the REA.

The Ministry of Municipal Affairs and Housing has information related to the Oak Ridges Moraine Conservation Plan, including maps.

In addition to the specific requirements related to provincial plans in O. Reg. 359/09, applicants should broadly consider the policy intent of the relevant plan when designing their project in a protected area.