As many of you will no doubt be aware, the Ontario government, through the Independent Electricity System Operator (IESO), has issued its next call for energy procurement. This means more wind, solar and battery energy storage systems (BESS). No matter where you sit on the notion that these options are a good idea, it would pay to know what you are getting into before you decide to host one of these projects.
The Ontario Federation of Agriculture (OFA) has a fact sheet on Agreements for Renewable Energy Installations on Your Land https://ofa.on.ca/resources/agreements-for-renewable-energy-installations-on-your-land/. The article starts by saying “Over the next 25 years, Ontario plans to double electricity grid capacity and reduce reliance on fossil fuel based energy for building heating, transportation, and industrial processes. Potentially, this includes some 6,000 MW of utility-scale solar, 17,000 MW utility-scale wind turbines, and Battery Energy Storage Systems (BESS) needed to make those variable facilities consistent, as well as significant transmission corridor developments.
These buildouts will mostly be decentralized in rural regions, increasing demand for access to farmland. OFA supports non-emitting energy frameworks that do not hinder normal farming practices, accommodate on-farm diversified uses, and protect prime agricultural areas.”
This means many farmers and rural landowners will become targets for high pressure tactics and offers of money from companies wanting to build on your land. The OFA offers 34 items for consideration BEFORE you sign a lease or agreement to host a wind, solar, or BESS project. Its well worth checking out. Number 2 on the list is Seek Legal Counsel.
The late Garth Manning clarifies why it is important to seek legal counsel in his article in the Law Times https://www.lawtimesnews.com/archive/speakers-corner-the-reality-of-wind-power-contracts/262258. Written in September 2016, the advice is still very relevant today. Garth Manning was a retired lawyer with almost 50 years in practice in two jurisdictions, and a former president of Ontario Bar Association.