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ARTICLE · 17 AUGUST 2011

Energy Markets Group Bulletin - August 2011

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The Ontario Ministry of the Environment (MOE) recently released the Draft Aboriginal Consultation Guide for preparing a Renewable Energy Approval Application (the Guide).

CanadaEnergy and Natural Resources
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The Ontario Ministry of the Environment (MOE) recently released the Draft Aboriginal Consultation Guide for preparing a Renewable Energy Approval Application (the Guide). This long anticipated guidance document (which has been posted on the Ontario Environmental Registry for a 90 day public comment period) provides direction for consultation with Aboriginal communities during the Renewable Energy Approval (REA) process, pursuant to the Environmental Protection Act, and Ontario Regulation 359/09.

The consultation requirements prescribed by the Regulation and further described in the Guide create mandatory obligations for project proponents of certain renewable energy projects in order to ensure that Aboriginal (First Nation and Métis) communities are consulted in keeping with the Crown's Duty to Consult. It should be noted that the Guide does not apply to waterpower projects or to class 2 wind and class 1 and 2 solar facilities. Additionally, the Guide is silent

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