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Provisions of Planning Act Which Continue to Apply to Renewable Energy Developments

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The following provisions of the Planning Act continue to apply to renewable energy projects:

  • provisions which enable municipal incentives (such as Community Improvement Plan loans and grants)
  • provisions relating to the creation of new lots

As amended by the GEA, subsections 50(3) and (5) of the Planning Act allow leases up to 50 years for renewable energy projects without obtaining an approval under the Act (previously, leases over 21 years generally required approval under the Act). This facilitates renewable energy by better reflecting current leasing arrangements in the energy industry.

The effect of these provisions is that renewable energy projects that propose the creation of new lots, or require land leases longer than 50 years, continue to be subject to the land division process under the Planning Act. This benefits energy developers by maintaining stability and continuity in land division and land title processes. It also benefits local communities and the public by ensuring that proper land use planning principles – such as ensuring that lots created for renewable energy developments are accessible - continue to apply to the creation of new lots.

Further details of the new approvals framework for renewable energy projects, led by the Ministry of the Environment, the Ministry of Natural Resources and the Ministry of Energy and Infrastructure, can be found by clicking on the appropriate links.