Our Path to a Green Economy and a Cleaner Environment

 

Ontario has become the North American leader in attracting green energy projects.

The new Green Energy Act, passed this year, aims to expand Ontario’s use of green energy including wind, water, solar, biomass and biogas power.

Projects that may have an impact on archaeological and heritage resources protected by the Ontario Heritage Act will have to be approved by an appropriate authority, as stipulated by a new Renewable Energy Approval (REA) process, led by the Ministry of the Environment.

The REA process requires all proponents of renewable energy projects to consider the archaeological and heritage resources that may be impacted by the project.  Proponents must:

• research the project’s site to see if there is a property protected under the Ontario Heritage Act (OHA) on it. If so, they must obtain official authorization from the appropriate authority to make any changes to that property.
• consider and document whether the project may have an impact on an archaeological resource or a heritage resource. The Ministry of Culture has guidelines and checklists to help proponents arrive at an informed answer.
• Provide a detailed assessment of potential impacts on archaeological or heritage resources to MOE or MCL.

The new approvals process will help protect Ontario’s cultural heritage while making it easier to bring green energy projects to life.

The Ministry of Culture seeks to ensure the continued protection of Ontario’s cultural heritage as the number of renewable energy projects increases throughout the province.

Under the Green Energy Act, proponents must go through a new process to get a renewable energy approval (REA) from the Ministry of the Environment for these projects. The REA builds in cultural heritage protections so that impacts on archaeological and heritage resources are identified and protected, as appropriate.

Overview

This section outlines the general framework laid out for proponents applying for an REA to develop a renewable energy project in Ontario.

Step 1: Applicants must check to see if there is a property with cultural heritage value that is protected under the Ontario Heritage Act on the site of the renewable energy project.

If there is a “protected property”, the applicant must obtain permission to change or alter it from the appropriate authority. The application for a REA that is sent to the Ministry of the Environment must include evidence that the permission was granted.

Step 2: Applicants must consider whether the project may have an impact on an archaeological or heritage resource at the project site.  Applicants must also consider if there is a property that is protected under the Ontario Heritage Act that abuts the parcel of land on which their project location would be situated.

The Ministry of Culture is developing guidance material (e.g., checklists) for both archaeological and heritage resources to assist applicants in completing this step. Materials will be posted here by the end of September.

Sample questions from the archaeology resource checklist: Is there a known archaeological site within 250 metres? Are there indications of early Euro-Canadian settlements? Examples of questions from the heritage resource checklist are: Are there historic transportation corridors, such as navigational canals, rail lines or trails? Is there a building linked to a renowned architect or builder? These checklists include information that can help proponents answer the questions such as: Natural Resources Canada’s online topographic maps Historic Places Initiative

Step 3A: If, after reviewing these resources, the proponent concludes that there is no impact on one or both of an archaeological or heritage resource, a description of how this conclusion was reached must be included in the REA application package.

Step 3B: If the proponent concludes that there may be an impact on one or both of an archaeological or heritage resource, a more detailed assessment is required. Proceed to Step 4A and/or 4B.

Step 4A: Archaeological assessments must be conducted by a licensed archaeologist.  The licensed archaeologist will follow provincial standards to confirm if there are any archaeological resources on the site, the significance of the resources and any measures that may be needed to protect them during the development and life of the green energy project. 

The assessment report is sent to the Ministry of Culture for comment. The Ministry’s comments are sent to the proponent.  The proponent must then send the REA application package, along with the assessment report and Ministry’s comments to the Ministry of the Environment.

Step 4B: Although not required by law, it is strongly recommended that heritage assessments be conducted by a heritage consultant. A heritage assessment first evaluates if there are any heritage resources on the site, according to provincially-established criteria. If so, the assessment evaluates the impact of the project and proposes measures to avoid or mitigate the impact. Where there is a property that is protected under the Ontario Heritage Act that abuts the parcel of land on which the applicant’s project location would be situated, this step must evaluate and propose measures to avoid or mitigate impacts on that property too.

The assessment report is sent to the Ministry of Culture for comment. The ministry’s comments are sent to the proponent. The proponent must then send the REA application package, along with the assessment report and Ministry’s comments to the Ministry of the Environment.

This is a general overview of the cultural heritage requirements that are part of the renewable energy project approval process. Depending on the size and location of the project, permitting requirements and approvals may vary.