Laws are full of prohibitions and restrictions for a reason. They protect you, your family, your property, and the public. Zeroing in on this is how the government regulates electrical work and services by issuing electrical or hydro permits.
This article explains what hydro permits are, why you need them, and how to get one. If you need advice on hydro permits, you can contact any of the Lexpert-ranked energy lawyers for electricity.
What are hydro permits?
Hydro permits can refer to the different approvals required for any of the following transactions:
- utility connections: for new residential homes or commercial establishments that want to connect to the electrical grid
- electrical work: for existing electricity users, who want to do some renovations, installations, or other similar work within their establishment
- power generation: for new renewable energy projects on Crown or private land, alongside other permits required by law
- water usage: when exploiting or diverting water resources in relation to power generation projects, such as hydroelectric power plants
Hydro permits involve a mix of federal and provincial regulators, depending on the purpose of the permit. As such, it may also involve utilities and safety regulators at the provincial and federal levels.
Demand for hydro permits is rising as governments push new energy projects to meet growing electricity needs. Watch this video to learn more:
To learn more about how to get a hydro permit in your province, reach out to the best energy lawyers for electricity in Canada as ranked by Lexpert.
Hydro permits for utility connections
These hydro permits, or electrical connection requests, apply to new applications made with local electricity distribution companies. They are required so a home or business can be connected to the grid.
In Ontario, one of these local distribution companies is Toronto Hydro. It requires a hydro permit for new permanent service installations for residential, commercial, or industrial purposes in the city. Here are the steps for applying for this permit:
- Submit a service request using the New Service Installation Request Online Form
- Sign and return the Job Quotation or Offer to Connect sent by Toronto Hydro
- Schedule and complete a safety inspection with the Electrical Safety Authority (ESA)
- Toronto Hydro conducts a final site inspection and energizes the project
Hydro permits for commercial or industrial businesses
Provincial utilities can also help when a commercial or industrial business wants to establish its operations in a province.
For example, BC Hydro supports businesses that want to establish operations in British Columbia, helping them with site selection, interconnection, and any required hydro permits. BC Hydro can also help in site-specific concerns, including:
- selecting an industrial site: businesses can get connected to the grid when establishing operations in an existing industrial site listed in BC Hydro's registry
- assessing an existing site: if the new business already has its own site, this can be assessed by BC Hydro to see if it is eligible for interconnection or project study funding
Hydro permits for electrical works
Hydro permits are also required for electrical work on existing connections, such as renovations.
One regulator that issues this permit is Manitoba Hydro, which requires an electrical or hydro permit before any work can be started for commercial and residential establishments. Here, an applicant must submit an ePermit, which must be applied by:
- the licensed electrical contractor, since the license is required to register for an ePermit
- the homeowner, when doing a residential DIY wiring and if the electrical work does not exceed 200 Amperes
These follow the Manitoba Electrical Code of the Manitoba Hydro Act, which sets the standards to safely and correctly install any electrical wiring.
Another example is Toronto Hydro, which also offers service connection requests, including:
- service upgrades: to increase electrical supply when the existing electrical service is insufficient
- service relocation: to move or modify a Toronto Hydro asset (e.g., hydro poles, transformers)
- isolation: to temporarily disconnect and reconnect the electricity supply on specific days
- permanent disconnection: to disconnect existing electrical service and remove all equipment
These requests also involve different hydro permits before proceeding with the intended activity that affects one's electrical connection.
Here's why electrical works like renovations need the permit from regulators, such as the ESA, and what can owners do to protect themselves when dealing with contractors:
Check out our Special Edition on Energy Law for more resources related to hydro permits, including a directory of the best lawyers in the field of energy law.
Who needs hydro permits for electrical works
Almost all types of electrical work need a permit from a provincial utility or regulatory authority. Whether a permit is required depends on the laws and regulations that body enforces.
For instance, to ensure compliance with BC's Safety Standards General Regulation and Electrical Code Regulation, Technical Safety BC often requires an electrical operating permit for the following sites:
- educational institutions
- medical facilities
- multi-occupancy buildings
- manufacturing and industrial facilities
- recreational facilities
- facilities in hazardous environments
- wind farms and greenhouses
Permits for water usage
A Permit to Take Water (PTTW) is a type of hydro permit required when an operation, such as a hydroelectric project or industrial facility, uses or takes water from its natural source. These permits are governed by provincial laws and are issued by regulators in the province.
In Ontario, a PTTW is issued by the provincial Ministry of the Environment, Conservation, and Parks. It is required when a business or individual uses more than 50,000 litres of water per day, unless exempted. Depending on the application, the PTTW process may include notification and public consultation requirements.
However, the PTTW issued by provincial regulators may not include any PTTW-related hydro permits required by other federal regulators for energy projects. To be sure, it's better to consult an energy lawyer for electricity regarding this matter.
Exceptions to PTTWs
There are certain exceptions to the PTTW requirement when granted by provincial laws or related regulations. In Nova Scotia, a Water Approval is not required for the following:
- continuous water use of less than 23,000 litres per day
- emergency use, for a period of less than two non-recurring weeks
- use of brackish and sea water
- structures associated with marsh bodies under Nova Scotia's Marshland Reclamation Act
What are the steps to getting a hydro permit?
Here are the steps for obtaining a hydro permit or other permits related to hydro or electrical projects:
1. Consult an energy lawyer
Whether your permit is for residential or commercial use, you should speak with an energy lawyer. You may also need to work with Licensed Electrical Contractors (LECs) and other technical professionals.
2. Prepare the necessary documents
With the help of your energy lawyer, prepare the documents and other filings you need to submit to the appropriate regulator. The documents required depend on the type of hydro permit you're applying for.
3. Apply before the appropriate regulator
Dealing with the regulator for your hydro permit can be time‑consuming, so many applicants ask their energy lawyer to act as their representative.
In some cases, you need to know which regulator or government agency you must apply to, since a regulator may cover only certain areas in a province. One example is Technical Safety BC. It issues contractor authorizations or permits for renovation projects in BC, excluding the municipalities of Burnaby, Maple Ridge, Surrey, Vancouver, Victoria, and West Vancouver.
4. Comply with the conditions of the hydro permit
Your hydro permit may include conditions you must follow. If you ignore them, you could face permit revocation, liability, or even safety risks.
Hydro permit: A requirement before you touch the wiring
You have a lot of freedom over what you do with your residential and commercial property. Electrical work is a clear exception. Under the different energy laws and regulations, electrical and hydro permits are required for certain services, which must be approved by the provincial or federal regulators. An LEC or energy lawyer can tell you whether you need a permit and how to obtain it.
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