View - The Municipality of Lambton Shores

Local Municipality Democracy Act, 2011
EXPLANATORY NOTE
Subsection 4 (1) of the Green Energy Act, 2009 permits the Lieutenant Governor in
Council to designate goods, services and technologies to promote energy
conservation. Subsection 4 (2) of the Act currently permits the use of these
designated goods, services and technologies despite any restriction imposed at law,
including any restriction imposed by a municipal by-law. Subsection 4 (3) of the Act
provides that a restriction imposed at law that would otherwise prevent or restrict the
use of the designated goods, services or technologies is inoperative to the extent the
restriction would prevent or restrict the use. Subsection 4 (4) of the Act currently
provides that subsections 4 (2) and (3) do not apply to a restriction imposed by an Act
or regulation.
Subsection 4 (2) of the Act is amended to remove the reference to a municipal by-law,
and subsection 4 (4) of the Act is re-enacted to provide that subsections 4 (2) and (3)
of the Act do not apply to a restriction imposed by an Act, regulation or municipal bylaw.
Similar amendments are made to section 5 of the Act, which governs activities
relating to renewable energy projects, renewable energy sources and renewable
energy testing projects designated by the Lieutenant Governor in Council by
regulation under that section.
New section 9.1 of the Municipal Act, 2001 permits local municipalities to impose
restrictions on the use in the local municipality of a good, service or technology
designated by the Lieutenant Governor in Council under subsection 4 (1) of the Green
Energy Act, 2009 and on activities in the local municipality with respect to renewable
energy projects, renewable energy sources and renewable energy testing projects
designated by the Lieutenant Governor in Council under section 5 of that Act.
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