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"At that time, the OMB basically said they couldn't take that into consideration, about the solar, but they could take into consideration the shading of the solar space." ROB MCMONAGLE 'Let's see what the problems are once they crop up and we will try to fix them after the point.'" McMonagle says the silence on right to solar is understandable if not excus- able because the Ontario legislature has made solar-power installations a cen- trepiece of its green energy push. The companies engaged in installing PR arrays or "passive" solar systems that heat water, for example, have a slightly different reason for keeping quiet. "The industry talks amongst themselves and everyone is really concerned and is trying to push this to get it resolved by the province, but they really don't want to talk about this in public because of the huge implications it has obviously on sales." The solar-power-developer-turned- environmental-energy expert says solar- power installation companies do not have to wait for governments to craft right-to-access solar legislation. "The solar industry can mitigate the risk for homeowners by doing some analysis of the bylaws and saying, 'Your current bylaws state that you can have roof structures of this height.' The analysis I'm seeing that people do when they do a solar analysis is that they just look at current conditions, not future condi- tions based on bylaws." Even making allowances for the future may not be enough for those hoping to cash in on the province's solar power largesse. In the case of Brault's Toronto studio, his array is still affected by its new condo neighbour to the south even though McMonagle installed the array with the city's height bylaws in mind. "When we designed the array we designed it in such a way that it would essentially clear any buildings on the south side that were built within the allowed zoning bylaws," says Brault. Developers are getting around this, he has learned first-hand, by sidestep- ping the rules. "Developers are allowed a certain height for a mechanical pent- house . . . and what they do now is build around the mechanical penthouse and actually add floors. That is one of the reasons we are still slightly affected by their building, but nowhere near what it would have been had they gone the original proposed height." KEY DEVELOPMENTS IN ENVIRONMENTAL LAW 2010 Editor-in-Chief: Stanley D. Berger FOLLOW THE CONTINUING SHIFT OF THE LEGAL CLIMATE TOWARDS GOING "GREEN" This is the only resource providing a review of key developments in environmental legislation, policy and case law during the past year with chapters written by leading practitioners from across Canada. Incisive and thought-provoking, it deals with cutting-edge developments in environmental law and provides practical insight into where the law is headed. Articles include: Legislative Initiatives to Modernize the Environmental Approvals Process • • Hardbound • 210 pp. • October 2010 On subscription $105 • P/C 0152140000 One time purchase $ 115 • P/C 0152010000 ISSN 1913-0252 • • by John Tidball New Disclosure Obligations in the Federal Environmental Enforcement Act May Undermine Meaningful Disclosure by Dan Kirby, Andrew MacDougall and Jennifer Fairfax Brownfields Reform in Ontario by Robert Fishlock The MiningWatch Canada "Red Chris" Case: The Minimum Scope for a Major Project by Jacques Lavoie and Lisa Thiele …and more! canadalawbook.ca For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book, a Thomson Reuters business. Prices subject to change without notice, to applicable taxes and shipping & handling. CL0111 www.CANADIAN Lawyermag.com JAN UARY 2011 23