In the case where a proponent does not have a zoning by-law approval for its project, using possession of a zoning by-law approval as a criteria for rating shovel ready projects will create a scenario where there will be a rush in municipalities to obtain approvals while municipalities have been informed that one of the basic tenants of the GEA will be that renewable energy projects will be exempt from the Planning Act. In this particular case, it seems like it would waste both municipal and proponents' time and money on an effort that will ultimately become moot.

In the case where a proponent did have a zoning by-law approval for its project in time for its RES III submission or at the time the FIT program was launched or when the Initialization Period commences, possession of a zoning by-law approval is also an ineffective criteria for judging the 'shovel readiness' of a project. Projects meeting the requirements of municipal zoning may not meet the new requirements under the GEA. For example, a project could have received their zoning by-law approval based on complying with MOE noise standards resulting in turbines being within 500m of a receptor; while it has been suggested that the GEA may require a definitive 500m setback from residents. Under this scenario it also an ineffective gauge of `shovel readiness'.

Considering these scenarios will the OPA remove zoning by-law approvals from its criteria for prioritizing legacy transmission projects?