Ontario Green Energy Act showed bias toward wind power developers: new research paper

[Shutterstock image]

From failed appeals before a powerless quasi-judicial tribunal, to unanswered letters to government and a rigged consultation process, authors of a new paper demonstrate that legally, the fix was in via Ontario’s biased Green Energy Act. What will government do now?

January 9, 2021

A new paper has been published by several Ontario authors that paints a grim picture of the province’s Green Energy and Green Economy Act, passed in 2009 by the McGuinty government in order to quash any opposition for its renewable energy plans.

“Access to Justice: Recommended Reforms to the Ontario Justice System Using the Green Energy Act as an Example” was researched and written by three residents of Prince Edward County, where multiple wind power projects were proposed, and where the community spent more than a million dollars to protect the environment from industrialization by grid-scale wind power projects.

After the act was passed, wind power projects in Ontario were “rapidly approved by the government across rural areas” say the authors, despite the many environmental and health concerns raised. Legal appeals were filed, with few successes. Following the commencement of the projects’  power generation operations, thousands of complaints were reported to the Ontario government related to noise, adverse health effects, shadow flicker or strobe effect, killing of wildlife, and disturbance of people’s water supply. The authors refer here to Wind Concerns Ontario’s own reports on citizen complaints.

Following a complex review of the process and the aftermath, authors Alan Whiteley*, Anne Dumbrille and John Hirsch conclude that  there was “legislative bias in policy and consultation that reduced the ability of the public to object to the policy” and “administrative bias, where decisions are perceived to favour industry over citizens.”

The authors make a series of recommendations in the interest of preventing such damaging policy and legislation from occurring again, but also note that the various governments post-Green Energy Act failed to respond to written expressions of concern.

“Are letters from citizens received by senior officials?” they ask. “Are they read and seriously considered?” Worse, are senior officials actively “discouraged from responding to letters on controversial topics?”

(Our experience many times over is that when responses are received at all, they often come from staff writers on the correspondence unit, employing boilerplate answers to questions.)

Although the goal of the Green Energy Act may have been to reduce greenhouse gas emissions and improve the environment, the authors say, the result was a reduction in access to justice and limited citizen rights.

What can be done to change that?

Read the paper here: (3) (PDF) Access to Justice: Recommended Reforms to the Ontario Justice System Using the Green Energy Act as an Example (researchgate.net)

 

 

*lawyer Alan Whiteley died in September 2020.

NOISE: Research leads the way to change in regulation of wind turbine noise emissions

Wind turbine problems: The people were not wrong (Shutterstock image)

December 31, 2020

A number of papers were published in 2020 that help to move knowledge about the environmental impact of wind turbine noise emissions forward, and point to the need for regulatory review and change in Ontario, and enforcement of all regulations. While staff at the Ministry of Environment, Conservation and Parks insist they keep up and move with current research, the conclusions reached in the new work show that clearly isn’t true.

As well, important work is being done by independent researchers—people who know there is a serious problem with wind turbine noise emissions, and who are doing what they can to learn why … and what should be done.

Resident complaints proven by data

Early in the year, independent researcher William Palmer P. Eng published “Confirming Tonality at Residences Influenced by Wind Turbines” in the Journal of Energy Conservation. The article is based on the author’s research into resident complaints about a tonal quality to the noise perceived from the turbines in a 140-turbine Ontario wind power facility. The research is based on more than 200 data samples from two families. Here’s the thing: Palmer’s data confirmed a correlation between tonality measurements of 5 dB to more than 20 dB in more than 84 percent of the time. In other words, the resident complaints about a tonal quality to the noise were borne out by actual measurement.

That correlation, Palmer wrote, “gives a high degree of confidence that when residents identified the existence of tonality (which they had done since the turbines came into operation in 2015) was indeed an accurate description.” Add to that, the residents were able to identify times when the wind turbine noise emissions were NOT tonal–that was borne out by the measurements, too.

Palmer discussed a number of problems with the current compliance protocol and noise measurement procedures prescribed by Ontario regulations, including the use of A-weighted noise levels, which has been criticized in other work including reports by the World Health Organization and the Council of Canadian Academies. In Ontario, Palmer says, “the principal criteria for acceptability of the sound received by residents from wind turbines has been based on A-weighted noise level, with tonal presence only requires a small adjustment.” However, Palmer adds, he can find no examples of it being applied.

Another specific flaw, he notes, is that the compliance protocol for wind turbine noise is to monitor conditions for winds within about 45 degrees of the turbine which has the greatest predicted noise impact. In the case of the homes used in his research, that meant that for one house there was presumed to be “little or noise noise impact” when the wind was westerly or no impact when the wind was from the east. In fact, occasions when winds were from those directions actually accounted for 74 of 111 records of irritating or disturbing noise—about 67 percent of the time.

The people were not wrong

Another article, also by independent researchers, elaborated on this theme of citizen concerns about problems with wind turbines. (See also a 2019 paper, Wind Turbine Incident/Complaint Reports in Ontario, Canada.) In this case, the authors of Deja Vu: a review of lived experiences after Appeals of Ontario Industrial-scale wind Power Facilities, looked at the appeal process for wind power facility approvals and what grounds had been used for citizens to file appeals of those approvals, despite what lawyers call an “uphill battle” to undertake that process. The authors found that the grounds for appeal were: environmental noise, adverse health effects, and other environmental effects such as disturbances to water wells and aquifers.

In the early days of these appeals, the appellants relied on the testimony of “post-turbine witnesses,” people who had experience living within wind power facilities, and who were experiencing health problems. One chair of the Environmental Review Tribunal decided that although the Tribunal “does not question the sincerity” of these witnesses, the quasi-judicial panel concluded that the health problems were self-diagnosed and the lack of evidence from medical professionals was a serious shortcoming.

Today, there are enough complaints throughout Ontario about wind turbine noise emissions that the reports should be seen as significant, the authors said. They cited other authors who called for “diligent enforcement” of regulations by government, and legal authors who observed that wind turbine concerns had been “trivialised” while the concerns for the environment and health were in fact “genuine.”

“The Government of Ontario holds thousands of records of citizen complaints in the form of Incident Reports, many of which are reports of excessive noise and vibration; a significant number includes accounts of the occurrence of adverse health effects,” the authors wrote. Complaints continue to be filed; “there is evidence to suggest that current regulations [in Ontario] are not adequate to protect health.”

“It appears that the people who were concerned about the risks to the environment and human health were not wrong. Those concerns—which led them to spend substantial amounts of money while participating in an unfamiliar, stressful quasi-judicial process—are now the reason for a significant number of complaints to government.”

In other words, what the people feared might happen with the advent of the wind turbines, has now actually come to pass.

Fight and flight

The last paper of interest is one that was based on research again carried out by a group of independent researchers over a period of years, on what people were going to do about being forced to live inside wind power projects. Exploring Why Some Families Living in Proximity to Wind Turbine Facilities Contemplate Vacating Their Homes is a report on a community-based study involving 67 participants, who together had filed more than 4,500 formal complaints related to wind turbine noise with government.

Excerpts from interviews with the participants told the story. People had learned that the only thing they could do to relieve the discomfort and problems of the wind turbine noise was to leave.

“When I left my home in the morning, or quite often in the middle of the night and then slept on my vehicle away from the turbines, I would recover from all these symptoms,” said one.

“We left home many times for the day just because of the noise here…we couldn’t stand it,” said another.

Of the 67 study participants, 28 had already abandoned their homes, another 31 were thinking about doing that, and four had decided to stay. The reasons were, the authors concluded, “to obtain temporary and/or partial relief from the occurrence of adverse health effects.”

The authors noted that in some cases, pre-existing health conditions were made worse by living near wind turbines; they called for more study to be done immediately.

 

At the end of the day…

The people of Ontario were promised a process that included regulation of noise, a protocol to assess compliance, and enforcement of the regulations.

Clearly, after more than 10 years, this promise, made under previous governments, has not been fulfilled. There are serious technical issues with the protocols in place and with the assumptions that underlie the regulatory process.

The Ontario government must:

  • establish an independent research panel to review current research on wind turbine noise emissions in six months, or less
  • remove the outdated and inadequate 2010 report of the Chief Medical Officer of Health from the public record
  • enforce existing regulations
  • resolve current complaints from citizens
  • revise and update the compliance protocol
  • develop new noise regulations, and
  • ENFORCE those regulations

 

We look forward to more research in 2021 to move us forward to change.

WIND CONCERNS ONTARIO