Victory for turtles, environment and community in Prince Edward County

“…in the public interest … to remove from the REA turbines … in Blandings turtle habitat”

Blandings turtle: to allow “remedy” would be to allow extirpation of the endangered species

The Environmental Review Tribunal released its long awaited decision on the remedies proposed by wind power developer WPD for its White Pines project in Prince Edward County Ontario to protect the endangered Blandings turtle and Little Brown Bat.

Relevant sections of the decision:

[163] In light of all of the circumstances, based on the evidence provided and taking

into account the purposes of the EPA in support of environmental protection and

renewable energy, the Tribunal finds that it is in the public interest to alter the Director’s

decision by amending the REA in part. The Tribunal finds that it is in the public interest

to add the Approval Holder’s proposed Condition L2 to the REA, but to alter that

condition by removing Tables 3-1 to 3-3, in the NRSI Plan. The Tribunal further finds

that it is in the public interest to remove from the REA the turbines proposed to be

accessed by the proposed upgraded secondary and tertiary municipal road segments

and by the intersections in Blanding’s turtle habitat, specifically Turbines 12, 13, 14, 15,

16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29.

 

and

Condition J7.1. The Company shall implement the Mitigation Plan

for Operation of the White Pines Energy Project, dated July 21,

2016 prepared by Stantec Consulting Ltd., including:

1. Implement the monitoring and mitigation measures as

outlined in Table 2 of the Mitigation Plan;

2. Adjust cut-in speed to 5.5 m/s between sunset and sunrise

from May 1 to September 30 at all turbines for the operating

life of the Project; and

3. In the event of a mortality of a bat species that is a species

at risk, successively increase the operational mitigation as

detailed in Table 2 of the Mitigation Plan.

The question that remains is, with 60 percent of the project effectively removed, how can WPD meet its obligation to provide 75 percent of the power in its contract?

The entire project may have to be reformulated…it remains to be seen whether the company will opt to do that by using 4.1 MW turbines perhaps, or by finding other locations, but the company may have run out of time to do that.

The decision is here:ERT15068-White PInes

Here is a recording of lawyer Eric Gillespie’s closing remarks at the remedy hearing held in Wellington, last January. “The only remedy is to revoke [the approval]. … the result of mitigation will be to extirpate a species.”

EricGillespieClosingRemarksWhite PInes

Amherst Island group demands wind project cancellation after harbor accident, pollution

Prince Edward County remains in a state of emergency today following an accident in which a barge being used to transport materials to the Windlectric wind power project on Amherst Island sank, polluting the waters of Picton Bay with diesel fuel. At the time of the incident, Windlectric had no Marine Logistics Plan in place.

The Association to Protect Amherst Island has called for cancellation of the power project, and issued this statement today.

Please Save Amherst Island - Write Hon. Glen Murray MOECC Today!  minister.moe@ontario.ca

Dear Premier Wynne:

Prince Edward County Mayor Robert Quaiff has declared a water emergency as a result of contaminants approaching the Picton-Bloomfield water intake due to a partially sunken barge in Picton Harbour under contract to McNeil Marine and ultimately under contract to Algonquin Power/Windlectric for the proposed Amherst Island Wind Project.
The silence from Algonquin Power/Windlectric is deafening.
Indeed Algonquin/Windlectric had the audacity to attempt to continue aggregate delivery from Picton Terminals to Amherst Island yesterday (Tuesday March 28 2017) but was thwarted either because either the water was too low or the dock too high, yet another example of the comedy of errors associated with this ill-conceived project.
The Association to Protect Amherst Island reiterates its request for MOECC to issue an immediate stop work order for the Amherst Island Wind Project until such time as a comprehensive report is available for the Picton Harbour incident and a preventative action plan is is place to address the high risk to public and environmental safety of all aspects of the project. and to address the need for a Major Design Modification to address the changed project location to include Picton Terminals.
 
At the same time, the Association reaffirms its request to reject the proposed amendment to the Certificate of Property Use for the contaminated  Invista Lands on Bath Road (EBR 012-9749) designated as parkland.  Similar to the Picton Harbour situation, a water intake exists in proximity to the proposed mainland dock for the Amherst Island Wind Project and serves a local industrial park.  Algonquin/Windlectric in its Marine Safety Plan now advises that fuelling of barges is proposed at the mainland dock location.  Not only is the land contaminated with the possibility of pollution of Lake Ontario, the company plans to fuel in proximity to a water intake.

The same “Marine Safety Plan” fails to address any aspect of transport of materials from Picton terminals except for a vague reference that “The bulk barge and the ATV (Aggregate Transfer Vessel)  will approach and leave the island dock area from the west, . . . ” as if from the Land of Oz.  The Association is in the process of reviewing this “too little, too late” document and will have further comments about use of barges in ice conditions, the lack of traffic volume, lack of simulation of barges crossing the ferry path, incomplete information about the installation of the high voltage transmission line from the mainland to the Island and the total lack of risk assessment, failure to mention Picton Terminals,among other matters.

The use of an “Aggregate Transfer Vessel” was not identified in the REA submission and no stockpiling of aggregate was proposed other than in immediate proximity to the proposed cement batching plant by the Island school.
The Association has emphasized the importance of marine safety since this project was proposed and has pleaded with politicians, MOECC, Ontario’s Chief Drinking Water Official and the Chief Fire Marshall and Head of Emergency Preparedness.
Please take immediate action to stop the Amherst Island Wind Project before a tragedy occurs.
Thank you.
Sincerely
Michèle Le Lay
President
Association to Protect Amherst Island

 

OMB criticisms apply to Ontario’s Environmental Review Tribunal

Judge says OMB offers limited justice—is the same true for the ERT?

ERT hearing in Ameliasburgh: citizens paying to protect the environment from well-funded developers and the Ministry of the Environment.

Recently, lawyer and retired Ontario judge Peter Howden published a book on the Ontario Municipal Board, titled, The Ontario Municipal Board: From Impact to Subsistence 1971-2016.

Howden, a judge for 20 years, also served for 10 years with the OMB.

According to a review of the book by Ottawa Citizen columnist David Reevely, Howden’s opinion of the OMB is that killing it off would be better than leaving it to function as it is.

In our view many of Howden’s comments about the OMB (which was a key factor in approval of Ontario’s early wind power projects against community wishes) can also be applied to the Environmental Review Tribunal or ERT. Both are administered under ELTO or the Environmental and Lands Tribunal Ontario branch of government.

Howden says:

The people who staff the OMB are “unknown entities, people largely without any public profile who seem to do whatever they want without criteria, limiting elements, or ability to define why one group won and the others lost.” Further, Howden says, OMB members’ decisions may be one-page rulings that are issued after days of detailed testimony, or they are rambling documents in which rationale is buried.

“The price to be paid,” Howden writes, “…is the continued progressively worsening public cynicism and the record over the past 10 years of insufficient deliberation and writing time, inconsistency in policy and outcomes, reliance on part-time members …”

Howden also says the set-up of these tribunals is a problem and interferes with their mandate: the adversarial nature of the hearings, not unlike court battles, is unfair for residents fighting well-funded developers.

“Most homeowners these days are simply trying to maintain their homes and families. They do not have the thousands of dollars it takes to round up a team of professionals….This kind of inequality erodes any sense of justice.”

Lack of justice is emblematic of the hearings before the Environmental Review Tribunal where Ontario citizens spend hundreds of thousands of after-tax dollars to protect their communities and the environment, ironically from the Ontario Ministry of the Environment, which has a special, supportive relationship with the wealthy wind power developers it appears alongside in the hearings.

Countless appeals were mounted in Ontario by well-meaning dedicated citizens who took their fight for their community and environment to the Tribunal, without benefit of legal counsel at all, while wind power developers were represented by lawyers from Canada’s top law firms.

Millions spent by citizens

A recent informal poll of Wind Concerns Ontario member community groups reveals that communities have spent over $3 million in legal costs to mount appeals before the ERT, and that number is almost certainly understated.

Moreover, citizen evidence presented at the hearings, paid for by citizen dollars, is often critical to wind power project operations—even in appeals that have been unsuccessful, the evidence presented has resulted in changes to the proposed power projects. This evidence is usually indications of risks to the environment, facts that the Ministry of the Environment and Climate Change would have been aware of, if they did any oversight or checking on Renewable Energy Approvals … which they do not.

For example, the evidence presented on the danger to species such as the Blandings Turtle and the Little Brown Bat –paid for by citizens who raised money through spaghetti suppers and garage sales—won the day for the environment in several appeals. The appeal of the Ostrander Point project, which took years of work by Prince Edward County naturalist and community groups, not only resulted in overturning the approval for the project in a fragile environment, but also caused the Tribunal to refocus its aims, and conclude that, contrary to claims by the MOECC and developer lawyers, wind power was not necessarily a “greater good” that outweighs everything—balance must be achieved in protecting the environment.

In the fight at Clearview, citizen evidence showed not only was there danger to wildlife from the proposed wind power project, but there was a clear danger to human life from a project planned close to not one, but two airports.

Judge Howden concludes that the OMB should be a body worthy of respect.

We say, the ERT should be that, too.

Jane Wilson

President

Wind Concerns Ontario

Wind power in Ontario’s North: environment and economy at risk

A common response to objections to industrial-scale wind power development in southern Ontario is, Why not put them up North then? Nobody lives there. The members of Save Ontario’s Algoma Region* know the reasons why wind power development is inappropriate for Ontario’s North, too.

“A national treasure” – Photos Gary and Joanie McGuffin

February 21, 2017

The municipalities of rural Southern Ontario have soundly opposed and stalled the attempt of the government to initiate a new round of Request for Proposals for Large Renewable Procurements. This opposition has been based primarily on the harm wind turbines create for human health.

The Northern Ontario objection to wind-generated electricity is quite different from that of the South. The health of the Northern economy is the primary opposition issue to wind turbine developments. The Northern economy, which once relied on its primary resource-based industries, is currently facing an economic decline in those industries. This is in part due to the high cost of energy which has forced the closure of many sawmills, pulp and paper mills and fibreboard mills. Northerners are currently examining the potential for developing an expanded eco-tourism based economy. The Northern view is that its future prosperity can be restored utilizing the inherent values offered through its last remaining asset, an uncompromised wild landscape and natural environment.

Despite regional differences, Southern Ontario and Northern Ontario are both strongly opposed to the generation of energy by industrial wind installations. However, unlike the South, Northern Ontario’s low population provides no voting power to impact government decisions. Much of rural Northern Ontario is unincorporated and has no official municipal voice to object. This requires support for the North from those in the Southern regions as opposition is only stronger with a unified approach.

Here’s why Requests For Proposals in the North should also be stalled.

  1. The Right to Self Determination
  • Because of the geographic differences between Northern and Southern Ontario, Northeastern and Northwestern Ontario have a right to determine their own economic destiny according to their regional values and available resources.
  • Although Northwestern Ontario is “A Place to Grow Electrically”, this vision does not include wind energy. The Big Thunder Wind Park proposed for Thunder Bay has already been scrapped in part because of First Nation objections to the impact on the natural environment.

 

  1. Ontario does not need to generate more power in Northern Ontario
  1.  Unfavourable Economic Outcomes for the Consumer
  • Generating electricity in remote northern locations requires long transmission to major consuming centers in Southern Ontario. This long transmission leads to energy loss.    The technical term for this is “line loss.” Line loss has the effect of making wind –powered electricity 30% percent more expensive than if it is generated near the ultimate users in densely populated urban centres.
  • Moving more electricity from the north to the south will require a huge investment in transmission infrastructure. This investment will be reflected in further increases in the line item called “delivery charges” on consumers’ monthly power bills.
  • The construction of more intermittent wind capacity will require the construction of more off-setting natural gas powered generation. That will have to be built where natural gas supply is already available, which won’t fit with remote northern locations.  If natural gas generation facilities are placed in the North, then more pipelines to move the natural gas to those facilities will be required, and of course, the electricity will still be subject to the 30%-line loss cost boost when it is sent south.
  • The terrain of Southern Ontario (vast areas of flat farm land) makes it easier and less costly to construct wind installations than on Northern Ontario’s rocky terrain. Algoma Power Inc. (API) has the highest electricity rates in Ontario. The vast rocky plateau of the Canadian Shield is really hard on API vehicles—a cost which is passed on to their customers.
  • Power generation from wind cost Ontario’s ratepayers over $1.7 billion (approximately 12% of total generation costs) in 2016 for just over 6% of demand. Further development of wind generation—especially from the remote North—will continue to increase ratepayers’ electricity bills.

 

  1. First Nations Treaty Rights
  • Northern Ontario wind power developments must be viewed in the context of the treaty rights of First Nations. Three of the most important treaties in Northern Ontario involve the Robinson-Huron Treaty, the Robinson-Superior Treaty and Treaty 3. These treaties cover an enormous geographic region of the province.
  • The treaties are viewed differently by the Crown and First Nations. The Crown (provincial or federal) believes that it has the ultimate authority over a treaty and that the First Nations are subordinate. Crown decisions over resource development therefore are paramount.
  • First Nations—especially the Anishinaabeg people who signed the Robinson Treaties—maintain that their traditional lands and waters and the resources therein were never surrendered, but exist today in a sharing agreement with the Crown. Hence all resource development on traditional lands must involve First Nations in agreement and management decisions.
  • Suggesting that the North is largely unoccupied and therefore an easy mark for future industrial wind development ignores the huge issues that will arise from a lack of understanding of First Nations’ claims over their territorial lands. First Nations are now exercising their right to demand their fair share of profits derived from wind generation on these traditional lands. These profits from their partnerships with wind industries are currently raising the cost per Kw Hour proportionally according to the percentage of their ownership.

 

  1. Eco-Tourism—A Natural Fit for a Sustainable Economy in the North
  • In a “green” world, eco-tourism must form an increasingly significant part of sustainable job creation in Northeastern Ontario. The imposition of wind turbine installations on coastlines (and perhaps in Lake Huron and Lake Superior) will seriously erode the value of eco-tourism as a sustainable economic base in regions which already rely heavily on year-round tourism.
  • Algoma and Thunder Bay Districts have a vision of a sustainable economy driven by eco-tourism—a vision which has been supported by a million-dollar Trans Canada Trail Grant in the creation of a Lake Superior Water Trail to be officially opened in June 2017 at Gros Cap in Prince Township north of Sault Ste. Marie. (For evidence of this see: http://ijc.org/greatlakesconnection/en/2017/02/building-water-trail-lake-superior-community/#.WKPJFRmbEIs.mailto)

 

As the photographs in this article reveal, the Lake Superior Basin is a national treasure which all Canadians and visitors to Canada have the right to enjoy in its natural state.

The people of Ontario have as a common goal the protection, conservation and restoration of the natural environment for the benefit of present and future generations (Environmental Bill of Rights, 1993).

The natural unspoiled state of the shores and coastal highlands of the Lake Superior Basin is the legacy we leave for the benefit of tomorrow.

 

The authors of this article are members of the Save Ontario’s Algoma Region (SOAR) Writing Team.

*SOAR is a member of Wind Concerns Ontario.

Power developer proposes untried remedies to save endangered species in Prince Edward County

January 28, 2017

ERT panel Hugh Wilkins and Marcia Valiante [Photo CountyLive]
The “remedy” hearing for the White Pines wind power project by wpd Canada was held in Wellington, Ontario before a standing room only crowd in the village community centre.

The purpose of the hearing was to allow the power developer to propose mitigation for the endangered Blandings Turtle and the Little Brown Bat, which the Environmental Review Tribunal found earlier would be seriously and irreversibly harmed by the wind power project. This is the first hearing in Ontario at which “remedy” or mitigation has been proposed for the bat species.

A news story by County Live summarizes the day’s events (though not quite the end-of-day fireworks between counsel and the ERT chair), and can be found here. (Fate of County’s South Shore)

The wind power developer was accused by counsel for appellant the Alliance to Protect Prince Edward County (APPEC) of filing too much material as a reply submission, which constitutes “bolstering,”* lawyer Eric Gillespie said. At issue was a new supposed scientific article which was not in original evidence; after an hour of wrangling, the lawyers agreed to remove the article except for one explanatory chart.

The measures proposed by wpd (which is scheduled to propose similar mitigation measures in the case of the Fairview appeal) included special road construction and monitoring for turtles, and heretofore untried methods of altering “cut-in” speeds for turbines, to avoid killing the bats, which are on the edge of extinction in Ontario.

The only real proposal is to cancel the project, Gillespie said: “The only real prevention is zero deaths, that’s what prevention is.”

A key strategy was to institute measures so that animal deaths dropped below the “irreversible” level, the power developer’s lawyers said, and the onus was on the appellants to prove what that is. Not so, said Mr. Gillespie.

Mr. Gillespie was also disturbed that rules of evidence and reply were being ignored; he told the ERT panel that accepting the power developer’s submissions as they were meant the panel was creating new rules, which would affect every other appeal in Ontario, and would certainly be discussed in Ontario Divisional Court.

In the final hour, the lawyers for wpd reviewed for the panel what the wind power developers’ counsel thought their job was, while Mr Gillespie referred to the decision at Ostrander Point and said that environmental protection was a key issue, and the panel’s real role. Gillespie was so insistent on adhering to the rule of law as regards the approval holder’s submissions (“So far from being proper it is not even in the ballpark”) that at one point wpd lawyer Patrick Duffy stood up and exclaimed “Mr. Gillespie, just STOP!”

As the submissions and reply concluded the Chair Marcia Valiante said “We are adjourned” and then wpd counsel interrupted and demanded to know when the decision would be rendered as “we have an important date in April”(if the project is not begun, the contract will end). The Chair said they would do their best to render a decision soon, and she then adjourned the hearing, again.

 

*Bolstering Law and Legal Definition. Bolstering means to build up or support. Bolstering testimony is generally improper. Bolstering testimony is improper when it relates to the witness’s truthfulness on a specific occasion and when the foundational requirements of evidentiary rules are not met.

 

 

Municipalities demand halt to wind power ‘exploitation’ in Ontario

Public declaration demands cancellation of wind power procurement, and re-focus of energy policy by the Wynne government

Mayor Higgins (Photo CBC)
Mayor Ron Higgins: representing 25% of Ontario municipalities in fight against Green Energy Act(Photo CBC)

January 9, 2017

The Ontario Multi Municipal Group has issued a public declaration stating it wants the “exploitation” of rural Ontario by the wind power industry, aided by the Ontario government, to end.

“The implementation and expansion of renewable energy (industrial-scale wind turbines and large solar power projects) has developed to the point that it has caused hydro costs to increase, caused a division between rural and urban municipalities, and caused the citizens of Ontario to lose faith in democracy,” says Ron Higgins, Mayor of North Frontenac, in the document.

The municipal group was formed at the last meeting of the Association of Municipalities of Ontario (AMO) after 115 municipalities, or 25 percent of all municipalities in Ontario, passed resolutions demanding that municipalities get final say in the siting of renewable power projects.

“We are now speaking out on behalf of all those communities,” Higgins says.

Rights of communities ‘neutralized’

The Green Energy Act of 2009 removed the right to carry out local land-use planning for power projects –the Multi Municipal Group says that’s wrong. “It neutralizes the rights of residents of rural Ontario to advocate for, rely on and claim the benefit of sound land-use planning principles,” Higgins says. “It amounts to a form of discrimination.”

In the public declaration document, the group lists the impact of Ontario’s wind power program, saying it has not brought the economic benefits promised by the McGuinty government and in fact has resulted in an economic burden and energy poverty. They also say that no environmental benefit has been demonstrated and that “the natural world is suffering” because of large-scale turbines which are disrupting the natural environment and harming wildlife such as migratory birds and endangered species of bats.

Wind power a ‘false hope’ for the environment

Wind power has created “false hope” of steps to be taken to combat climate change and protect the environment, says the Multi Municipal Group. And, the Government of Ontario has ignored knowledge of the negative impacts of invasive wind power technology.

The group demands that all procurement of wind power be stopped, and the Green Energy Act repealed. They also recommend that the government base future policies on generation capacity and conservation, and use current energy supply assets.

“Our rural communities are unprotected against the exploitation [by] renewable energy,” Higgins concludes. The municipalities have no choice but to declare their position to the government and the public formally.

The Ontario Multi Municipal Group declaration may be found here: mmg-public-declaration-on-the-exploitation-of-wind-energy-in-ontario-jan-2017

The list of municipalities that have passed a support resolution for changes to wind power contract approvals: list-mandatory-municipal-support-resolution-communities-jan2017

 

 

Contacts

Mayor Ron Higgins: ron.Higgins@xplornet.com

Wind Concerns Ontario contact@windconcernsontario.ca

Map of municipalities demanding change to the IESO wind power bid process, to July 14, 2016
Map of municipalities demanding change to the IESO wind power bid process, to July 14, 2016

Cancel the contracts, Minister Thibeault (we’re asking again)

It’s been quite windy the last few days in Ontario, as it often is in the fall. Temperatures have been mild, too — all that stacks up not only to a beautiful fall but a very expensive few days for Ontario’s electricity customers, already hard-hit by their power bills which are the fastest rising in North America.

Parker Gallant has done the analysis on a single day last week, November 10, which he says points out everything that is wrong with Ontario’s electricity policy. Too much power produced when we don’t need it means cheap exports to our neighbours and more expense for Ontarians.

Here’s an excerpt from his recent blog posting:

November 10th serves as a perfect example of what’s happening to electricity customers in Ontario: that day, the government’s electricity policy shows we reward huge corporate wind power developers and it also highlights the intermittent nature of power generation from wind — it is out of phase with demand.

November 10 should be the basis of a message to the Minister of Energy, Glenn Thibeault on the Large Renewable Procurement (LRP) program: Ontario should cancel both the LRP I contracts awarded last April and cancel the now “suspended” LRP II process.  The Minister has already admitted our electricity supply is more than adequate for the next 10 years (“robust” in fact, he says) so acquiring more wind generated power (and solar) should be immediately suspended. It does nothing other than drive up the costs for “average” households.

The $9.4 million of ratepayer dollars handed out November 10 neither reduced emissions nor provided useful electricity. Time for a complete overhaul of electricity policy in Ontario, starting with those contracts and the LRP process.

When the subject of cancelling contracts (which is government’s right) comes up, the immediate response from the influential wind power lobby is that to do so will incur lawsuits, and wreck Ontario’s reputation in the business/investment world. The fact is, anyone knows that building your business on a subsidy program is not good planning; it’s also true that the Ontario government included “off-ramps” in the latest contracts, so that it could change its mind if the power is not needed, and pay out the power developers’ documented expenses.

Here are the details for the five contracts awarded by the IESO last spring.

Project name Capacity MW 20-yr cost $ Max payout liability $
Otter Creek 50 218 million 500,000
Romney Wind 60 261 million 520,000
Strong Breeze 57 250 million 515,000
Eastern Fields 32 139 million 464,000
Nation Rise 100 436 million 600,000

Source: data from IESO contracts

So, in the case of Strong Breeze, for example, in the community of Dutton Dunwich which resoundingly expressed its Not A Willing Host status but got a wind power project anyway, the government could get out of a $250-million contract by paying, at most, $515,000. Similarly, Nation Rise, in another unwilling host community, could be cancelled for a maximum liability of $600,000 and save Ontario electricity ratepayers from having the $436 million cost added to their bills.

Let’s go farther! Among the projects with Renewable Energy Approvals (REAs) but not yet operating, are the much contested White Pines in Prince Edward County and the Windlectric project on Amherst Island, both of which are in legal battles and both are in danger of not meeting their contracted Commercial Operation date. Cancelling them would save a lot of wildlife and also save Ontario electricity customers almost $1 billion.

Mr Gallant says that November 10 is emblematic of what’s wrong with Ontario’s electricity policy; we add, why buy more power Ontario doesn’t need and inflict more damage on the natural environment and Ontario’s rural communities, when the answer is so simple.

Cancel the contracts, Minister Thibeault.

Wind power approval process must change, says Wind Concerns Ontario

Devastation in Prince Edward County as power developer proceeded with unauthorized construction activity while approval under appeal. That appeal was eventually partially successful. [Photo: APPEC]
Wind Concerns Ontario says Ontario’s Renewable Energy Approval process is not protective of the environment. Pictured, devastation in Prince Edward County as power developer proceeded with unauthorized pre-construction activity while its power project approval was under appeal. That appeal was eventually partially successful.  [Photo: APPEC]
November 1, 2016

Comments filed on Renewable Energy Approval process

“The litany of failures is astounding,” says president of community group coalition

Wind Concerns Ontario filed comments with Ontario’s EBR yesterday, with recommendations on revisions to the Technical Guide for the Renewable Energy Approval process for industrial-scale or utility-scale wind power projects.

Basically, WCO said, the guidelines for the power industry are not protective of the environment … and there is plenty of evidence to prove it.

In short, the requirements in place for companies to get approval are not adequate, there is not enough proper oversight by the Ontario Ministry of the Environment and Climate Change (or even, capacity to do fulfill that role), and there is no check on compliance with Renewable Energy Approvals post-operation.

  • Findings from the ERT decisions and other legal activities have shown that the current process is not adequate to assess the expansion of renewable energy generation while upholding the government’s commitment to protecting the environment.
  • The process contains no provisions to discuss the creation of clean energy jobs and encouraging energy conservation.
  • The proposed process does not reflect decisions from the Environmental Review Tribunals (ERT)

“The fact is, almost every single wind power project that received an approval in Ontario has been appealed on the basis of protecting the environment and human health,” says Wind Concerns Ontario president Jane Wilson. “And four of those appeals have been successful. The Ministry should be embarrassed that ordinary citizens are not only taking on this protective role, but that they find information about these projects and the damage they will cause, that Ministry staff were not aware of.”

Wind Concerns not only recommended more stringent requirements for a Renewable Energy Approval, the coalition of community groups and Ontario families repeated its call for municipal support to be a mandatory requirement for wind power project approvals.

“Municipal governments are the local voice of the people and communities,” says Wilson. “And they know best what kind of development is appropriate and sustainable. They are also aware of conditions locally that logically should prevent a wind power project — but those voices are not listened to under this process.”

Thousands of noise complaints have been made to the Ministry of the Environment and Climate Change, Wind Concerns Ontario says, which is a clear indication of the failure of the REA process. Moreover, MOECC protocols for measuring wind turbine noise emissions – when they do measure at all as follow-up – are not adequate and do not capture the full range of problematic environmental noise.

“In fact, the litany of failures of this process is astounding,” says Wilson.

The method in which projects are announced to communities is secretive and municipalities are forced to approve with almost no information on the impact of the power projects. Public “meetings” are a sham, consisting mainly of poster presentations and incomplete project information.

Post-operation, the numbers of bat deaths and bird kills far exceed what was expected from the wind turbines, noise complaints are being made more frequently as a result of more powerful turbines, and wind power companies have abused their approvals by removing trees from protected woodlands, for example, or placing turbines on sites not consistent with the approvals.

“Premier Wynne professed to be surprised recently at the removal of over 7,000 mature trees in the Niagara area for the huge power project there,” Wilson says. “Does the government not know what is really going on? The people of Ontario see the environmental damage being done and the effects on people’s health from high-impact wind power development — this process has to change.”

Wind Concerns Ontario

November 1, 2016

Trees being cut down along  1 km of the former old unopened road allowance and pioneer nature trail  known as Wild Turkey Road on the Oak Ridges Moraine in an area designated High Aquifer Vulnerability, a Significant Recharge zone, where two streams that support trout habitat and 12 species at risk as well as species at risk butternut trees adjacent to the Fleetwood Creek natural area are being destroyed and/or endangered to make way for new access roads for the Sumac Ridge wind facility. Photo sent to Kawartha Lakes Councillor Heather Stauble.]
Trees being cut down along 1 km of the former old unopened road allowance and pioneer nature trail known as Wild Turkey Road on the Oak Ridges Moraine in an area designated High Aquifer Vulnerability, a Significant Recharge zone, where two streams that support trout habitat and 12 species at risk as well as species at risk butternut trees adjacent to the Fleetwood Creek natural area are being destroyed and/or endangered to make way for new access roads for the Sumac Ridge wind facility. Photo sent to Kawartha Lakes Councillor Heather Stauble.]

Ontario government sees citizens as ‘enemies of the state’ says newspaper editor

Premier Wynne: fighting you ... with your own money
Premier Wynne: fighting you … with your own money

Rick Conroy, editor of the independent Wellington Times says the Ontario government has “turned against its people.” He cites the numerous examples of citizen groups forming and paying for legal actions to protect their communities against the government, and more recently, Ontario Premier Kathleen Wynne labeling Ontarians as “bad actors” when it comes to the environment.

In his editorial, he asks why, why it comes to huge wind power projects, “… What drives elected officials to use the state’s power and resources against those working to protect the natural world it has abandoned?”

We got a glimpse last week when Kathleen Wynne defended her government’s cap and trade emmissions scheme. She told a business audience in Niagara Falls that Ontarians are “very bad actors” in terms of per capita emissions of greenhouse gases. It wasn’t a slip of the tongue—or offhand remark. These words were part of a scripted speech.

Fortunately for the wretched folks in this province, we have a premier who understands good and bad—better than we do. She has unveiled the selfish and narrow view through which we see the world around us. Kathleen Wynne will be our better selves.

In this morality play your provincial government has decided it will not work in your interest— but rather what it believes your interest ought to be. It knows this better than you. Kathleen Wynne, and Dalton McGuinty before her, believe they know what is best, and cling to the hope that history will judge them better than Ontario’s weak and myopic voters do now.

Maybe.

But untethered by accountability to its voters and deaf to its ministries’ advice and counsel, provincial Liberals have made a terrible mess of the energy supply system in Ontario. It will take decades to fix. It has squandered billions of dollars chasing schemes unworthy of a Nigerian postmark. It has pushed manufacturing jobs out of the province. And it has rendered electricity bills that are unaffordable for many of its poorest rural residents. Meanwhile, it has made a select group of developers very, very wealthy.

In turn, they have dutifully filled her parties’ coffers— to arm her for the next election.

How is it that the most righteous tend to be the most susceptible to corruption and misdeeds? There is something distinctly Shakespearean in this tragedy.

 

Read the full article here.

Aviation safety, endangered wildlife win Fairview appeal

In January 2014, John Terry, the lawyer for the well-funded wind power development lobbyist the Canadian Wind Energy Association (CanWEA) told the panel of judges in an Ontario court at the appeal of a decision at Ostrander Point, that their decision was very important for the future of wind power development in Ontario because, he said, “This [a successful appeal] was never supposed to happen.”

One might think that he meant the approval process was so rigorous that wind power projects should pose no danger to the environment or to people and that’s why “this,” the successful Ostrander appeal shouldn’t have happened. But no, what he meant was, the rules and procedures attached to wind power development were supposed to be so iron-clad that mere citizens acting on behalf of the environment, wildlife and their own health, could have no hope of success. Lawyers acting for appellants have said, the test set up by Regulation 359-09 to prove serious harm to human health and serious and irreversible harm to wildlife was impossible to meet.

Except, now, that test has been met.

Four times.

The successful appeals at Ostrander Point, White Pines, Settlers Landing and yesterday, Clearview, show that when proper attention is paid to the requirements to preserve the environment and actually balance development against potential harm, the wind power developments can be demonstrated to be in the complete wrong place.

But the wind power development industry, coached and encouraged by their huge lobbyist and the very compliant Ontario government, felt entitled to propose wind power projects wherever they found willing landowners. Such was the case at Clearview where the eight, 500-foot turbines were to be located near not one, but two aerodromes, the Collingwood Regional Airport and a private airstrip. WPD Canada felt so entitled to success and money that it believed it could locate huge turbines even where pilots’ safety would be in danger and where wildlife would almost certainly be killed.

The Environmental Review Tribunal decision was released Friday, October 7: yes, there would be serious harm to human health because of the risk to aviation safety and yes, there would be serious and irreversible harm to the endangered Little Brown Bat.

Paragraphs [149-151] are interesting: the appellants’ expert witness arguments were “informed and reasoned” the panel wrote, finding they had established “the evidentiary base to support their qualitative assessments.”

Although a remedy hearing is possible, the Tribunal expressed doubts as to the effectiveness of any measures proposed.

The Tribunal used very strong language in places in the decision, saying “it would be trite to say …” or “it is obvious …” and they noted the federal Ministry of Transport’s carefully crafted opinion letter on aviation safety at the airport.

The people of Ontario have despaired at times as wind power projects have been put in fragile environments, too close to people’s homes and workplaces, without any real demonstration of environmental benefit. Millions have been spent by ordinary citizens as they took on corporate Big Wind to defend—what? The environment against their own Ministry of the Environment.

One lawyer for the Ministry has often been heard to say “wind trumps everything.” She is wrong, as this latest decision demonstrates.

Actions taken in the name of preserving the environment must really do that, and not rely on ideology-based trite statements for justification. Ontario has still never done a cost-benefit analysis on its wind power program even though clearly, wind power has a high impact on the natural environment, on communities, and on the economy, without actual demonstrated benefits.

Clearview was a victory for all Ontario, and the environment.

Jane Wilson

(Volunteer) President

Wind Concerns Ontario