The Energy Conservation Leadership Act, 2006 is not “prescribed” under the Environmental Bill of Rights. As such, there is no legal requirement to post a notice of proposal on making this regulation.
The Ministry of Energy however, feels that this proposed regulation warrants review and consultation on the Environmental Registry.   Please see "Invitation to Comment" for details.

The Ministry of Energy is considering developing a regulation that would permit the use of clotheslines. Property owners and local governments have raised concerns that legal barriers exist preventing the use of clotheslines in some communities. Using clotheslines is an alternative to using electric and gas fired dryers and helps conserve energy.

The proposed regulation is in response to interest in energy conservation and climate change. There are a number of restrictions in law that could prevent the use of clotheslines. These are:

• Restrictive covenants or agreements used by property developers that prohibit the use of clotheslines. Restrictive covenants are usually implemented and registered on title when the developer sells a property and title to the property is transferred to the home buyer;
• Provisions in condominium by-laws (or in declarations) that require written approval of a majority of the condominium residents for a condominium owner to install a clothesline; and
• Municipal by-laws that prohibit the use of clotheslines. To date, there have been no municipal by-laws uncovered which ban the use of clotheslines.

The proposed regulation would be made under sections 3 and 10 of the Act and would override restrictions in law including restrictive covenants and agreements which sought to ban the use of outdoor clotheslines.

Please submit your comments on this proposal by March 21, 2008 to;

Alan Kirschbaum,
Senior Policy Advisor
Conservation Branch, Office of Conservation and Strategic Policy
Ministry of Energy
6th Floor, 880 Bay Street
Toronto, ON M7A 2C1
Phone: 416 325-5767
Fax: 416 325-6972
E-mail: alan.kirschbaum@ontario.ca 

The collection of personal information you chose to submit with your comments is necessary to conduct public consultations for research under authority of the Ministry of Energy Act, R.S.O. 1990, c. M.23, s. 8. Comments will be used by the Ministry in considering development of a regulation to permit the use of clotheslines. Personal information, such as your name and address, will not be included if your comments are disclosed. Comments without any personal identifying information may be disclosed on request or summarized and disclosed. If you have any questions about the collection of personal information, please contact the Senior Policy Advisor, Conservation Branch at the address or phone number above.

The purpose of the regulation would be to permit the use of clotheslines and/or clothes umbrellas by the occupants of any freehold (owner occupied or rental) detached, semi-detached, townhouse or row house and contribute to energy conservation by increasing the opportunities for people to make choices that conserve energy.

For a typical Ontario household, electric clothes dryers account for 6% of the household’s total electricity consumption.

Reducing the use of clothes dryers will reduce energy consumption reduce energy bills and lower environmental emissions.

The Act supports Ontario's target to reduce the Province's projected peak electricity demand by 6,300 MW by 2025. The Act helps achieve this target by encouraging conservation leadership in the public sector, and by supporting implementation of conservation practices like clotheslines.

The Act enables government, through regulation, to:

• Remove barriers to energy conservation by permitting the use of specific goods, services and technologies by designating those goods, services or technologies under section 3 of the Act;
• Require the government of Ontario and the broader public sector stakeholders (e.g., schools and hospitals) to prepare energy conservation plans; and
• Encourage all Ontarians to conserve energy.

A review of municipal by-laws has uncovered no examples of municipalities restricting the use of clotheslines, some promote their use and others permit clothes umbrellas. Most restrictions appear to occur because of provisions found in restrictive covenants and condominium by-laws.

Several U.S. states (e.g. Florida) have passed “right to dry” legislation that expressly permits the use of clotheslines.

Prior to its passage by the Legislature, the Ministry of Energy posted a notice of the then proposed Energy Conservation Responsibility Act, 2005 (which was given Royal Assent on March 29th, 2006) (Bill 21), which includes what would eventually be the Energy Conservation Leadership Act, 2006 as Schedule A to that Bill and notice of decision on the proposed Act on the province’s Environmental Registry. The Registry number for the postings is AO05E0501.

In February 2006, the Standing Committee on Justice Policy (a committee of the Ontario Legislature made up of members of the provincial parliament) held hearings on Bill 21 and received submissions from the public.

Alan Kirschbaum
Senior Policy Advisor
Ministry of Energy
Regulatory Affairs and Strategic Policy
880 Bay Street
Toronto Ontario
M7A 2C1
Phone: (416) 325-5767