Introduction

The Renewable Energy Approvals (REA) regulation is an initiative to streamline approvals for green energy projects. It supports Ontario’s Green Energy initiative to expand renewable energy generation, encourage energy conservation and create clean energy jobs.

The renewable energy approval is issued by the Ministry of the Environment, Conservation and Parks.

Cultural heritage considerations

The conservation of cultural heritage resources is a matter of public and provincial interest. As a result, developers applying for a renewable energy approval must consider how their project might affect:

  • potential archaeological resources
  • built heritage resources
  • cultural heritage landscapes

We strongly encourage applicants to think about cultural heritage resources early in their project planning.

Knowing what cultural heritage resources exist early allows applicants to design, plan and build their project in a way that avoids or mitigates impacts to these resources.

Assessing early in the process ensures that these resources are conserved and reduces any potential risks and delays to the development.

Options

The presence of an archaeological or heritage resource at the site of a renewable energy project is not a barrier to development.

Many options are available to help ensure that the development can proceed, while the cultural heritage resources are protected, including:

  • changing the design, location or layout of the project
  • avoiding or mitigating direct and indirect impacts to these resources
  • incorporating the resource into the project site, making sure there is no negative impact to the features of the cultural heritage resource

Self-assessment

Applicants who choose to self-assess must complete the following checklists to evaluate the potential for heritage and archaeological resources at the project location:

If the checklists demonstrate that there is low potential for cultural heritage resources, no further assessment is required. The applicant must include a summary of their findings in their design and operations report.

If an applicant is at all uncertain whether their project might impact cultural heritage resources after self-assessment, they should hire a licensed archaeologist and/or a heritage consultant.

Hire an archaeologist or heritage consultant

Applicant may choose not to self-assess and may instead hire a consultant archaeologist or heritage consultant to undertake full archaeological and heritage assessments.

If an applicant hires an archaeological or heritage consultant, the consultant(s) will:

  • assess the project to identify and evaluate cultural heritage resources
  • recommend how the resources can be conserved

All archaeological and heritage assessment reports for renewable energy approvals must be submitted to us for review. We may request further assessment and revisions to the report.

Once the report has been finalized, the ministry will issue final written comments. Applicants must include ministry written comments together with the final versions of the archaeological and/or heritage assessment report in the application submitted to the Ministry of the Environment, Conservation and Parks.

Guide to the regulation

Section 23 of the REA regulation outlines:

  • how to conduct a heritage assessment
  • the steps in the assessment process
  • the required contents for the report

Our guide, Cultural Heritage Resources: An Information Bulletin for Projects Subject to Ontario Regulation 359/09 - Renewable Energy Approvals, helps applicants and heritage consultants meet the heritage and archaeology requirements of the REA.

Part one of the guide includes information on:

  • self-assessment checklists
  • requirements for written summaries for archaeology and heritage

Part two provides guidance on:

  • preparing heritage assessments
  • identifying cultural heritage resources
  • assessing development impacts

Protected properties

If a project is on a property protected under the Ontario Heritage Act (OHA), the applicant needs written authorization from the approval authority before proceeding. The authority could be:

  • a municipality
  • the Ontario Heritage Trust
  • the Ministry of Heritage, Sport, Tourism and Culture Industries

Each approval authority will have its own established process to authorize a development, and the applicant must follow the process from the appropriate authority.

Applicants need to include a summary of their efforts to determine if the project is located on a property protected under the OHA in their design and operations report.

Finding archaeological resources during construction

Under the Ontario Heritage Act, only a licensed archaeologist can alter an archaeological site.

Therefore, if the applicant encounters any potential archaeological resources during construction:

  • all construction activities must cease immediately
  • the applicant must hire a consultant archaeologist to carry out archaeological fieldwork