Regulatory and Appeals Commission (IRAC), Prince Edward Island

- Updated to: January 11, 2006 -

(Includes Amendments Approved on December 20, 2005)

CHAPTER R-12.1

RENEWABLE ENERGY ACT

RENEWABLE ENERGY DESIGNATED AREAS REGULATIONS

Pursuant to section 18 of the Renewable Energy Act R.S.P.E.I. 1988, Cap. R-12.1, Council made the following regulations:

Definitions
1. In these regulations

Act

(a) "Act" means the Renewable Energy Act R.S.P.E.I. 1988, Cap. R-12.1;

zone of inclusion
(b) "zone of inclusion" means a zone of inclusion described in the Schedule.

Application

2. These regulations apply to renewable energy generation facilities that utilize wind power and have a name plate capacity greater than 100kW.

Operation of renewable energy generation

3. (1) No person shall operate a renewable energy generation facility in any area of the province unless

(a) the facility is located in a zone of inclusion; or

(b) if the facility is located outside a zone of inclusion, the person has an authorization issued by the Minister under subsection (2).

Exception

(2) The Minister may, on application, issue an authorization to an applicant for the development of a renewable energy generation facility outside of a zone of inclusion, if

(a) the Minister is satisfied that the site of the proposed facility has an average annual wind speed of 7.5 metres per second or greater at a height of 50 metres; and

(b) the proposed facility meets all other requirements of any applicable Acts, regulations and bylaws.

Boundary of zone of inclusion

4. Where any boundary of a zone of inclusion crosses a property line, the entire area of that property shall be deemed to be in the zone of inclusion.

Other enactments prevail over these regulations

5. Nothing in these regulations enables the development of any renewable energy generation facility that would otherwise be in contravention of any

(a) law or regulation; or

(b) existing bylaw or covenant in a deed.

Commencement
6. These regulations come into force on December 31, 2005.

SCHEDULE

Zones of Inclusion in the Province

The zones of inclusion in the province shall be as determined using the topographic coordinates below together with the descriptions and maps found in the Appendix to this Schedule.

1. Zone of Inclusion No. 1 - Western Prince County

An area northerly of the boundary described by a line connecting the following points:

X-Coordinate
Y-Coordinate

Point 1 291923 737122

Point 2 306513 753068

Point 3 315359 765072

Point 4 320121 766839

Point 5 322866 756299

2. Zone of Inclusion No. 2 - Acadian Peninsula

An area westerly of the boundary described by a line connecting the following points:

X-Coordinate
Y-Coordinate

Point 1 317392 722974

Point 2 315973 709254

Point 3 319933 705289

3. Zone of Inclusion No. 3 - Lennox Island

All of the land mass of Lennox Island in Prince County

4. Zone of Inclusion No. 4 - Slemon Park

An area northerly of the boundary described by a line connecting the following points:

X-Coordinate
Y-Coordinate

Point 1 339255 710318

Point 2 341333 708447

Point 3 343938 709818

5. Zone of Inclusion No. 5 - Borden-Carleton

An area southwesterly of the boundary described by a line connecting the following points:

X-Coordinate
Y-Coordinate

Point 1 342166 699785

Point 2 355221 685121

6. Zone of Inclusion No. 6 - North Shore

An area northerly of the boundary described by a line connecting the following points:

X-Coordinate
Y-Coordinate

Point 1 345520 710768

Point 2 346655 712154

Point 3 348734 715603

Point 4 354238 715918

Point 5 360591 713220

Point 6 372250 704519

Point 7 377612 705919

Point 8 387389 700928

Point 9 404318 701190

Point 10 417350 706506

Point 11 427130 705523

Point 12 441515 712280

Point 13 446659 711371

Point 14 456167 711631

Point 15 465448 711981

Point 16 469744 709199

Point 17 471114 705717

7. Zone of Inclusion No. 7 - Hillsborough Bay

An area southerly of the boundary described by a line connecting the following points:

X-Coordinate
Y-Coordinate

Point 1 394389 683249

Point 2 403022 685103

Point 3 405262 675096

Point 4 404253 670239

Point 5 405330 667573

APPENDIX

Descriptions and Maps of Zones of Inclusion in the Province

ZONE 1 -Western Prince County

All that tract, piece or parcel of land situate, lying and being North of the boundary line described as follows:

Commencing at a point on the shore of the Gulf of St. Lawrence at West Cape, at the division line between Township Number Seven and Township Number Eight, in Prince County, Province of Prince Edward Island, said point having coordinates 291981E and 737009N (Point 1);

Thence in a Northeasterly direction to a point having coordinates 305818E and 752410N (Point 2);

Thence continuing in a Northeasterly direction to a point having coordinates 315278E and 764996N (Point 3);

Thence in a Northeasterly direction to a point having coordinates 320155E and 766847N (Point 4);

Thence in a Southeasterly direction to a point having coordinates 322581E and 755639N (Point 5) on the shore of the Gulf of St. Lawrence in Township Number Four, Prince County.

ZONE 2 - Acadian Peninsula

All that tract, piece or parcel of land situate, lying and being West of the boundary line described as follows:

Commencing at a point on the shore of Egmont Bay in Victoria West, Township Number Thirteen, Prince County, Province of Prince Edward Island, said point having coordinates 317467E and 722886N (Point 1);

Thence in a Southerly direction to a point having coordinates 315973E and 709254N (Point 2);

Thence in a Southeasterly direction to a point having coordinates 318204E and 705797N (Point 3) on the shore of Bedeque Bay in Mont-Carmel, Township Number Fifteen, Prince County.

ZONE 3 - Lennox Island

All that tract, piece or parcel of land situate, lying and being in Township Number Twelve, Prince County, Province of Prince Edward Island being and intended to be the land mass of Lennox Island.

ZONE 4 - Sherbrooke

All that tract, piece or parcel of land situate, lying and being North of the boundary line described as follows:

Commencing at a point on the shore of Malpeque Bay in Sherbrooke, Township Number Seventeen, Prince County, Province of Prince Edward Island, said point having coordinates 334758E and 712247N (Point 1);

Thence in a Southerly direction to a point having coordinates 334677E and 709109N (Point 2);

Thence in an Easterly direction to a point having coordinates 341117E and 708464N (Point 3);

Thence in a Northeasterly direction to a point having coordinates 343629E and 709954N (Point 4) on the shore of Webber Cove in Lower New Annan, Township Number Nineteen, Prince County.

ZONE 5 - Borden-Carleton

All that tract, piece or parcel of land situate, lying and being West of the boundary line described as follows:

Commencing at a point on the shore of the Dunk River in Bedeque, Township Number Twenty-six, Prince County, Province of Prince Edward Island, said point having coordinates 341846E and 699897N (Point 1);

Thence in a Southeasterly direction to a point having coordinates 355050E and 684757N (Point 2) on the shore of Cumberland Cove in Township Number Twenty-eight, Prince County.

ZONE 6 - North Shore

All that tract, piece or parcel of land situate, lying and being North of the boundary line described as follows:

Commencing at a point on the shore of Webber Cove in Township Number Nineteen, Prince County, Province of Prince Edward Island, said point having coordinates 345390E and 711082N (Point 1);

Thence in a Northeasterly direction to a point having coordinates 346623E and 713045N (Point 2);

Thence continuing in a Northeasterly direction to a point having coordinates 348607E and 715972N (Point 3);

Thence in a Easterly direction to a point having coordinates 354233E and 715918N (Point 4) on the County line between Prince County and Queens County;

Thence in a Southeasterly direction to a point having coordinates 361056E and 713433N (Point 5);

Thence continuing in a Southeasterly direction to a point having coordinates 372537E and 704811N (Point 6);

Thence in an Easterly direction to a point having coordinates 377318E and 705945N (Point 7);

Thence in a Southeasterly direction to a point having coordinates 388781E and 700898N (Point 8);

Thence in an Easterly direction to a point having coordinates 404928E and 701181N (Point 9);

Thence in a Northeasterly direction, traversing the County line into Kings County to a point having coordinates 417665E and 706596N (Point 10);

Thence in an Easterly direction to a point having coordinates 426757E and 705506N (Point 11);

Thence in a Northeasterly direction to a point having coordinates 432226E and 707268N (Point 12);

Thence continuing in a Northeasterly direction to a point having coordinates 441692E and 712411N (Point 13);

Thence in an Easterly direction to a point having coordinates 447656E and 711336N (Point 14);

Thence continuing in an Easterly direction to a point having coordinates 455870E and 711712N (Point 15)

Thence continuing in an Easterly direction to a point having coordinates 455870E and 711712N (Point 15); Thence continuing in an Easterly direction to a point having coordinates 465030E and 711927N (Point 16);

Thence in a Southeasterly direction to a point having coordinates 469522E and 709197N (Point 17);

Thence in a Southerly direction to a point having coordinates 471022E and 705601N (Point 18) on the shore of the Gulf of St. Lawrence at Bothwell, Township Number Forty-seven in Kings County.

ZONE 7- Hillsborough Bay

All that tract, piece or parcel of land situate, lying and being South and West of the boundary line described as follows:

Commencing at a point in the Town of Stratford, Township Number Forty-eight, Prince County, Province of Prince Edward Island, said point having coordinates 391340E and 682824N (Point 1);

Thence in an Easterly direction to a point having coordinates 402842E and 685094N (Point 2);

Thence continuing in an Easterly direction to a point having coordinates 412508E and 684022N (Point 3);

Thence in a Southerly direction to a point having coordinates 412569E and 77948N (Point 4);

Thence in a Southwesterly direction to a point having coordinates 409124E and 669114W (Point 5);

Thence in a Southwesterly direction to a point having coordinates 407019E and 667350N (Point 6) on the shore of the Pinette Harbour in Township Number Fifty-eight, Queens County.

____________________________________________

Points are referenced to the PEI Survey Reference System with all coordinates being expressed in metres. The projection (Double Stereographic), is referenced to the North American Datum of 1983 realized from the Canadian Spatial Reference System (NAD83(CSRS)).

_______