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ARTICLE · 04 AUGUST 2016

Provincial Renewable Energy Goals Trump Municipal By-Laws

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Since the Green Energy and Economy Act, 2009 came into force on May 14, 2009, the debate continues about whether municipalities can regulate renewable energy projects.

CanadaEnvironment
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Since the Green Energy and Economy Act, 2009 came into force on May 14, 2009, the debate continues about whether municipalities can regulate renewable energy projects. At least three court decisions have now been made which indicate that other possible avenues of municipal regulation of renewable energy projects, and in particular wind turbine developments, will be unsuccessful.

The most recent case is the June 2016 decision of the Ontario Court of Appeal in wpd Sumac Wind Incorporated v. Kawartha Lakes (City), which was an appeal by the City of Kawartha Lakes from Divisional Court's judicial review decision. The Divisional Court quashed the municipality's resolution that it would refuse to authorize the use of an unopened road to support wind turbine development. The Court of Appeal upheld the decision.

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