On June 9, 2009, the Ontario Ministry of the Environment
released the "Proposed Content for the Renewable Energy
Approval Regulation under the Environmental Protection
Act" (the Proposal). The intent of the Proposal is to
standardize requirements applicable to developers of renewable
energy projects across the province. One such proposed requirement
would oblige developers to locate renewable energy projects at a
minimum setback distance from "receptors", such as
dwellings, to ensure that noise levels do not exceed a certain
threshold at any receptor.
Although setbacks requirements would apply to wind, solar, hydro,
biogas, and biomass projects, the standardization of setback
distances is specifically intended to target wind projects. At
present wind developers are subject to multiple setback distance
requirements as dictated by municipal governments. The Proposal
would require that wind projects are set back a minimum of 550
metres from any receptor. A higher
