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O. Reg. 508/18: DESIGNATIONS UNDER PART II.3 OF THE ACT
under Electricity Act, 1998, S.O. 1998, c. 15, Sched. A
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Electricity Act, 1998
DESIGNATIONS UNDER PART II.3 OF THE ACT
Historical version for the period December 22, 2021 to December 31, 2021.
Last amendment: 898/21.
Legislative History: 898/21.
This is the English version of a bilingual regulation.
Designation of clotheslines etc.
1. The following are designated for the purposes of subsection 25.35 (1) of the Act:
1. Clotheslines.
2. Clothestrees.
3. Any goods and technologies that have a purpose that is the same as a clothesline or clothestree, and no other purpose.
4. Any equipment that is necessary for the proper installation and operation of anything that is designated under this section.
Prescribed circumstances
2. A person is permitted to install and use any goods or technologies designated in section 1, if the following circumstances apply:
1. The designated goods or technologies and any necessary equipment are installed on property upon which is situated a house or building that is used solely for residential occupancy and which is the person’s place of residence.
2. The designated goods or technologies and any necessary equipment are installed in a manner so as to ensure that there are no impediments to safety, including, but not limited to, impediments to access to or egress from the house or building.
3. The designated goods or technologies and any necessary equipment are installed adjacent to the side or rear wall of the house or building so as to be useable by a person,
i. standing directly on the ground,
ii. standing on a deck or other fixed platform accessed directly from the ground floor of the house or building, if the deck or fixed platform is no higher than the floor level of the ground floor, or
iii. standing on a step-stool or similar device placed either directly on the ground or on a deck or other fixed platform accessed directly from the ground floor of the house or building, if the deck or fixed platform is no higher than the floor level of the ground floor.
4. The designated goods or technologies and any necessary equipment are installed in an area where the person has an exclusive right of use by virtue of their residency.
Designation of renewable energy projects
3. A renewable energy project related to a renewable energy generation facility that uses solar energy harnessed by photovoltaic technology as its renewable energy source is a designated renewable energy project for the purposes of subsection 25.35.1 (1) of the Act, if the project meets the following criteria:
1. The photovoltaic technology is mounted on the roof or wall or both of a building.
2. The photovoltaic technology is installed in compliance with the Building Code Act, 1992.
Designation of renewable energy sources
4. (1) Ground source energy is designated as a renewable energy source for the purposes of subsection 25.35.1 (1) of the Act, if the ground source energy is harnessed by ground source heat pump technology and the ground source heat pump technology is installed in compliance with the Building Code Act, 1992.
(2) Solar energy is designated as a renewable energy source for the purposes of subsection 25.35.1 (1) of the Act, if the solar energy is harnessed by thermal air technology or thermal water technology that meets the following criteria:
1. The thermal air technology or thermal water technology is mounted on the roof or wall or both of a building.
2. The thermal air technology or thermal water technology is installed in compliance with the Building Code Act, 1992.
Exception, prescribed by-laws etc.
5. By-laws, instruments and other restrictions that relate to the following classes of matters are prescribed for the purposes of clause 25.35.1 (4) (b) of the Act:
1. The prevention of injury to or the destruction of trees.
2. The protection of groundwater.
3. The designation and protection, including interim protection, of properties of cultural heritage value or interest, heritage conservation study areas and heritage conservation districts and the designation of properties of archaeological or historic significance pursuant to Parts II, III.1, IV, V and VI of the Ontario Heritage Act.
4. Any activity or matter that is the subject of a regulation made by a conservation authority pursuant to clauses 28 (1) (a), (b) and (c) of the Conservation Authorities Act.
Exception, restrictions imposed under prescribed Acts
6. Restrictions at law imposed under the Act or under any of the following Acts are prescribed for the purposes of clause 25.35.1 (4) (b) of the Act:
1. The Building Code Act, 1992.
Note: On January 1, 2022, the day section 15 of Schedule 3 to the Making Ontario Open for Business Act, 2018 comes into force, section 6 of the Regulation is amended by adding the following paragraph: (See: O. Reg. 898/21, s. 1 (1))
1.1 The Building Opportunities in the Skilled Trades Act, 2021.
2. The Clean Water Act, 2006.
3. The Conservation Authorities Act.
4. The Crown Forest Sustainability Act, 1994.
5. The Endangered Species Act, 2007.
6. The Environmental Assessment Act.
7. The Environmental Protection Act.
8. The Fire Protection and Prevention Act, 1997.
9. The Fish and Wildlife Conservation Act, 1997.
10. The Forest Fires Prevention Act.
11. The Niagara Escarpment Planning and Development Act.
12. The Occupational Health and Safety Act.
13. The Oil, Gas and Salt Resources Act.
14. The Ontario College of Trades and Apprenticeship Act, 2009.
Note: On January 1, 2022, the day section 15 of Schedule 3 to the Making Ontario Open for Business Act, 2018 comes into force, paragraph 14 of section 6 of the Regulation is revoked. (See: O. Reg. 898/21, s. 1 (2))
15. The Ontario Energy Board Act, 1998.
16. The Ontario Heritage Act.
17. The Ontario Water Resources Act.
18. The Pesticides Act.
19. The Provincial Parks and Conservation Reserves Act, 2006.
20. The Public Lands Act.
21. The Safe Drinking Water Act, 2002.
22. The Technical Standards and Safety Act, 2000.
7. Omitted (provides for coming into force of provisions of this Regulation).