An Overview of the Code of Practice for Solar and Wind Renewable Energy Operations

• Rielle
  Gagnon

  Rielle
  Gagnon

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As of May 31, 2024, Alberta’s new Code of Practice for Solar and Wind Renewable Energy Operations is in effect. Issued under the Environmental Protection and Enhancement Act, this Code establishes new legal and regulatory requirements for anyone developing or operating a solar or wind energy project in Alberta. This article summarizes the Code’s key obligations, including registration, security deposits, conservation and reclamation, and ongoing reporting requirements.

Overview

The Code contains the following substantive sections:

• Registration: Application Requirements
• Conservation and Reclamation Requirements
• Security Requirements
• Reporting Requirements
• Record Keeping Requirements

A brief overview of these five sections is provided below. Please note that this is not an exhaustive overview.

Registration Requirements for Alberta Solar and Wind Projects

All applications for registration must include:

• A conservation and reclamation report (including a conservation and reclamation plan and a pre-disturbance site assessment);
• One or more special maps or files with tables, describing all locations of the renewable energy operation for which security must be provided to the Department and the registered land owner or registered owner through the surface lease;
• In circumstances where the Department must be provided security, there must be a security estimate prepared; and
• A declaration in accordance with the Code for each parcel where security has been provided to the registered owner or registered owners of the parcel through a surface lease.

Conservation and Reclamation Requirements

This section of the Code contains a number of requirements regarding topsoil salvage. In particular, renewable energy operations cannot be constructed unless all topsoil and subsoil have been salvaged from the renewable energy operation in accordance with the conservation and reclamation plan. All actions undertaken with respect to topsoil and subsoil must be in accordance with the conservation and reclamation plan. If an individual wishes to use any material other than topsoil or subsoil excavated from the renewable energy operation, they must do so in accordance with the conservation and reclamation plan, with the written consent of all land owners on which the project is located, and the material they intend to use must be physically and chemically suitable.

The registration holder must also complete an interim monitoring site assessment for at least three growing seasons after construction of a renewable energy operation, and they must complete a reclamation certificate site assessment and submit it in the reclamation certificate application. Registration holders also have various record keeping requirements, such as keeping records of the location, quantity, and depth of all salvaged topsoil and subsoil.

Financial Security Requirements for Renewable Energy Operators

In circumstances where security will be provided to the Department, a security estimate must be prepared in accordance with the Code. The Director will not issue a security certificate until the security in the amount required by the Code is received by either the Director, or in the event the security is to be paid to a landowner, the Director is satisfied the security has been provided to the landowner(s).

The amount of security to be provided to the Department is at least 30% of the total reclamation costs in the security estimate for renewable energy operations, and at least 15% of the total estimated reclamation costs in the security estimate for existing renewable energy projects.

When the Department has been provided security on a renewable energy project, the amount of security to be provided to the Department must be adjusted on the 15^th year from the project’s anniversary date to be no less than 60% of the total of the most recent estimate of reclamation costs in the security estimate, and must remain in place until a reclamation certificate has been issued for the certified area.

The Director is permitted to request that a registration holder provide an updated security estimate and provide the adjusted security amount at any time.

Schedule 1 of the Code contains a summary list of the costs to be considered in the security estimate.

Reporting Obligations Under Alberta’s Renewable Energy Code

Any person conducting an activity at a renewable energy operation must report any contravention of the registration holder and the Department’s incident reporting phone line: 1-800-222-6514. Additionally, the registration holder must provide a report to the Director within seven calendar days. This reporting requirement can be waived by the Director. A report to the Director requires various information about the contravention, which can be found at section 6(3) of the Code. 

The Registration holder is also required to provide post-construction reports in accordance with the Willife Directive for Alberta Solar Energy Projects (2017) and (2018).

Within five years of the anniversary date of the energy project, the approval holder must submit at minimum, an updated conservation and reclamation plan and an update to the security estimate. Every five years thereafter, until a reclamation certificate is issued for the entire project, the approval holder must provide a report confirming, at a minimum, that no changes have occurred to the project since the last five-year report, or the current status of the operation, if changes have occurred, including a description of the activities and changes to the conservation and reclamation plan since the last report, including an updated security estimate. The Director may also require the approval holder to pay an updated security amount.

Recordkeeping and Compliance for Solar & Wind Developers

The registration holder is required to establish an operating record for the energy project, which must contain at least the following copies:

• The most recent plans and reports;
• The written consent of the landowners of all parcels on which the project is located;
• The written consent of all current registered owners of the parcels on which the renewable energy operation is located if any material other than topsoil or subsoil excavated from the project will be used for reclamation of the project;
• Written approval for the desired seed mix to be used for reclamation from the registered owner or registered owners, if applicable; and
• Any permits, licenses, or authorizations applicable to the project.

All records must be retained for at least five years from the date of the final reclamation certificate issued for the project.

For help navigating renewable energy regulations, contact us for guidance tailored to your project.

_{This post is meant to provide information only and is not intended to provide legal advice. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this post to be outdated.}