Ontario government abdicated role as environmental protector: WCO

“The Green Energy Act was the biggest con ever in Ontario” — MPP Todd Smith

Hundreds marched in Picton on October 15th. The Green Energy Act “the biggest con, ever.” [Photo Wind Concerns Ontario]
October 16, 2017

Hundreds of community members in Prince Edward County marched down Picton Main Street yesterday to protest the “White PInes” wind power project, and the Ontario government’s wind power policy. The march was followed by a three-hour information session.

The project by Germany-based wpd was trimmed from 29 to 9 turbines in various appeals, but the developer is still proceeding despite questions as to whether it actually has a contract with the Ontario government, and whether the 9-turbine project makes any financial sense.

Among the speakers at the information session was Wind Concerns Ontario president Jane Wilson, who reviewed the findings of the organization’s request for documents on reports of excessive wind turbine noise made to the Ministry of the Environment and Climate Change, under the Freedom of Information and Privacy Act.

“We wondered, what happens to all the reports being made to the government? Here’s what we learned: The government does nothing,” Wilson said.

“This government has completely abdicated its role as a protector of the environment and people. Instead of functioning as a regulator, it is now a facilitator for huge multi-national corporations whose last concern is any benefit to the environment.”

Everybody knows there are health effects

Dr Robert McMurtry said adverse health effects related to wind turbine noise emissions, including inaudible noise and low-frequency noise, are disturbing, especially because both government and industry deny them. “Everyone’s pretending the emperor has clothes,” said Dr McMurtry, a member of the Order of Canada and a former Dean of Medicine. “There are adverse health effects and everybody knows it — that’s why we have setbacks in the first place.”

Other community members spoke on concerns for wildlife, heritage features (the nine turbines will surround the historic Loyalist settlement of Milford), and the effect on citizens’ water wells. While the power developer claimed there would be no problems as a result of sinking huge wind turbine foundations into the ground, which features fragile karst topography, Les Stanfield remarked that there are sinkholes all over the County, and there were concerns about the turbines’ effect on aquifers.

MPP Todd Smith said loudly, what no one had said was that the whole push for wind power and the Green Energy Act was “the biggest con job” ever in Ontario.” Obviously, he said, repealing the controversial act is mandatory.

Renowned vintner Norman Hardie said the power project “must not go ahead.” Eco-tourism, the County’s economy, and the entire character of the area would be irreparably damaged, he said.

Power not needed

The last speaker was Prince Edward County Mayor Robert Quaiff who said that the project must not proceed, and nothing less than 100-percent success in stopping it was acceptable. He questioned the contract with the IESO, and the feasibility of the project. “I can’t understand why [wpd] is doing this? Are they punishing our community for daring to oppose them?”

Wilson added to her presentation that at the time of the event, wind power was being constrained or held back at record levels in Ontario, according to IESO data for Sunday.

“That just adds insult to injury,” she said.

Residents last week filed notice of legal action against the Independent Electricity Systems Operator or IESO over the project, which they say has no legal contract. The first court date is November 17 in Picton. Donations accepted at the community group website.

More stories here.

Belleville Intelligencer

County Live

Quinte News

 

“Gasping in despair”: Ontario’s rural communities, victims of Wynne government wind power cabal

In aiding wind power corporations, the Ontario government has essentially released wild dogs onto Ontario’s landscape without oversight, or means of bringing them to heel

“To despoil the environment. To slaughter endangered species. To make folks sick.” From the independent Wellington Times, a powerful overview of what the McGuinty-Wynne governments have done to Ontario while aiding huge corporations to build wind power plants

 

Ontario gothic

Posted: October 6, 2017 at 9:03 am   /   by   /   comments (4)

It begs the question: what was Kathleen Wynne and her government smoking when they let loose their own man-made monsters across rural Ontario—in the form of industrial wind developers and speculators?

Even if you buy the sentiment that their motivations were well-intentioned, the undeniable outcome of the Green Energy Act is that Kathleen Wynne and Dalton McGuinty have spawned armies of amoral monstrous corporate creatures and have let them loose to roam unfettered across the province. To wreak havoc in rural communities. To despoil the environment. To slaughter endangered species. To make folks sick.

Worse, our government has paved the way, clearing hurdles and slashing regulations to enable these creatures to prey upon vulnerable communities, natural habitats and endangered species. Now they have lost control of their grotesque creations. Even Kathleen Wynne must know how this story ends.

Near Chatham, folks believe the wind developer working nearby has poisoned their wells—allowing toxins into their drinking supply. They have done the testing. They have spoken out. They have protested. Marched on Queen’s Park. Kathleen Wynne has ignored them.

Wynne, her government and her supporters comfort themselves believing the scourge they have unleashed—though ugly and abusive— is a necessary evil. That the greater good is being served. They ignore the folks holding up jars of black liquid, pleading with the province to test their water, drawn from wells that have become undrinkable since the wind developer began driving piles into the bedrock to secure its massive wind turbines. Even Chatham- Kent’s mayor has demanded Kathleen Wynne intervene to protect these residents. It has made no difference.

Left without the protection of the province—without the safeguards that would protect them from any other development— these folks took matters into their own hands. In August, they began blockading the construction site— neighbours joining together to form a line against the threat to their drinking water.

On Monday, in a cruel blow, the developers— a Korean conglomerate and its American partner—won a court injunction barring any further blockades of the project. The judge said he wasn’t trying to muzzle opponents, but to “prohibit unlawful acts”.

People have to prove their water has been poisoned

In Ontario’s perverse hunger for industrial wind turbines, it turns out Chatham-Kent residents must first prove they have been poisoned by the developer, before they may seek justice. By then, of course, the damage will have been done. Recourse will expensive and, for most, unattainable.

Four years ago, the giant American wind developer Next Era sued Esther Wrightman for defamation. On her website she had altered the company’s logo to NextError and Next Terror. They wanted the logos removed or they would litigate the mother of two young children into oblivion. All these years later, the legal action is still pending. Wrightman wakes up every morning with the weight of this action still weighing on her head.

In Prince Edward County, a wind developer has been barred from constructing a nine-turbine project near Milford between May 1 and October 15. This was done expressly to protect the nesting grounds and habitat of the Blanding’s turtle, an endangered species in the province.

Nevertheless, crews have been busy these past few weeks clearing vegetation, preparing the site and delivering heavy equipment onto these protected lands. There are no consequences for ignoring the rules.

Families have left homes–no one will help

So, a developer ruins drinking water without penalty, another bullies a young mother into silence, and yet another crushes rules meant to save an endangered species. This is our Ontario. There are dozens more distressing stories just like these. Too many sad accounts of families forced to leave their homes because the noise and vibration from the massive machines proved intolerable.

No one is coming to help the folks in Chatham-Kent. No one from our government—those we entrust to protect us—is intervening between Next Era (market capitalization of $68 billion) and Esther Wrightman. And no one is coming to protect endangered species in South Marysburgh.

Wynne has lost control of her destructive and unscrupulous brutes. When the Liberal government eliminated the safeguards that once protected us from these threats, and cut municipalities and communities out of decision-making, they may have believed they were just streamlining processes. Instead, they unleashed wild dogs onto the Ontario landscape without oversight or the means to bring them back to heel.

Untethered by moral, ethical or community concerns, these corporate beasts consume and ravage everything they can get away with. Folks who have fought for years to protect the things our government was supposed to safeguard, have been left gasping in despair. Lacking legal remedies or protection, some have begun considering other means to protect their families, their communities and their land. If the government won’t protect them, they will do it themselves.

This is the horror Kathleen Wynne and Dalton McGuinty have wrought.

 

rick@wellingtontimes.ca

 

Ontario Environment Ministry set to repeat mistakes if new power projects approved

WIND CONCERNS ONTARIO

NEWS RELEASE

ONTARIO ENVIRONMENT MINISTRY TO REPEAT WIND POWER MISTAKES

August 22, 2017

Wellington, Ont. —

Applications for approval of new, huge wind power projects now being filed with the Ontario Ministry of the Environment and Climate should be denied, says Wind Concerns Ontario.

“There have been so many problems and mistakes with the government’s wind power program that not a single new project should be approved,” says Wind Concerns’ president Jane Wilson.

Recently, problems with well water have been revealed in the Chatham-Kent area, where vibrations from turbine construction and operation have disturbed the shale bedrock resulting in toxic heavy metals such as arsenic contaminating water, making it undrinkable.

On August 21st, Chatham-Kent council voted to demand a halt to construction of a new wind power project.

The Otter Creek project by French power developer Boralex is proposed to be built on the same geologic formation and there are questions as to whether it could also create water problems.

Turbine noise is an ongoing concern: Wind Concerns received MOECC documents earlier this year showing that the ministry has had thousands of complaints about excessive noise and vibration from operating wind turbines, but has not resolved any of the problems. Complaints about noise emissions from the turbines continue, often beginning as soon as the power projects begin operation. Citizens affected report sleep disturbance for weeks at a time, and other health problems such as headaches, dizziness, and cardiovascular symptoms.

“The Ministry doesn’t seem to be learning anything from reports of problems created by wind power projects,” says Wilson. “Their own field officers have documented issues with existing noise regulations and observed health effects, and now we have people with formerly pure well water turning black, but the MOECC continues to receive and approve these huge power projects based on the same regulations that have proven to be flawed.

“If the MOECC were a private business, they would acknowledge these mistakes and problems, and work to resolve them — that’s not what this government is doing.”

Wind Concerns filed a document recommending the Otter Creek project, now in review, not be approved. The turbines proposed have never been used and there are no actual noise output measurements for them, WCO says of the project which will operate immediately north of Wallaceburg.

“The modelling documents filed with their approval request are just estimates based on estimates,” says Wilson. “That’s not good enough to assure citizens of Wallaceburg their health will be protected.”

WCO says that projects not built yet should also be halted, such as the North Kent II, where water problems persist, and Amherst Island, to name two, where a tiny island community will be exposed to noise emissions from 26 50-storey high wind turbines and endangered wildlife will be affected.

The damage to the environment and to human health is inexcusable, WCO says, especially when the power projects are not needed. According to a report by the Council for Clean & Reliable Energy, 70 percent of Ontario’s wind power is wasted as it is produced out of phase with demand, and Ontario has a surplus of electrical power.

contact@windconcernsontario.ca

Wind Concerns Ontario comment to the MOECC on the Otter Creek project: CommentsOtterCreek-August18

Home in Huron County: thousands of noise complaints remain unresolved — yet government approving more projects? [Photo Gary Moon]
Turbines will cause devastation of Amherst Island heritage community, endanger wildlife — project should be cancelled, says WCO [Map: Wayne Gulden, Wind Farm Realities]

How did a dangerous wind farm idea get so far?

 

The owners and pilots association couldn’t believe anyone would put turbines at an airport

 

The approval for proposed Fairview Wind power project has finally been revoked by the Environmental review Tribunal, on the basis of serious harm to human health and risk to aviation safety — the project was close to two airports.

Our question is, HOW did this power project get as far as it did? How could Transport Canada not block this? Why should taxpayers have had to pay out hundreds of thousands of dollars to protect safety and the environment from their own Ontario Ministry of the ENVIRONMENT and Climate Change?

In the original decision issued last fall, the Environmental Review Tribunal accepted the appellants’ aviation expert testimony, which included a rejection of any “mitigation” proposed by the wind power developer, wpd.

In specific the panel noted:

[156] For these reasons, Tribunal accepts that the margin for error posed by introducing the proposed wind turbines at their proposed locations would be inadequate to either prevent collision with a wind turbine, or prevent a crash due to wind turbine-induced turbulence.

and

[163] The Tribunal finds that Mr. Cormier has provided informed criticisms of the proposed mitigation measures that were not contradicted by the Director’s or Approval Holder’s experts, and, therefore, the Tribunal accepts Mr. Cormier’s evidence in this regard. As such, the Tribunal finds that there is insufficient evidence that mitigation measures will be effective.

The reason for the delay in revocation of the approval was because a secondary issue was harm to the Little Brown Bat and the Tribunal felt it necessary —despite the clear risk to human health — to review and evaluate the mitigation procedures proposed. The Tribunal in its decision released this week, did find that the mitigation measures were acceptable but in any event, the risk to human health was sufficient to cancel the approval.

In the October decision, the Tribunal noted that documents from the power developer referred to Transport Canada in an apparent claim that that government agency was OK with proposals for new approaches for pilots to avoid the turbines. However, the Tribunal noted that the Transport Canada letter was “carefully worded” and did not, in effect, provide approval for the power developer’s notion of how to avoid plane crashes.

At “the end of the day” as lawyers say, we are left scratching our head as to how such a proposal could get so far when common sense would seem to dictate otherwise, and why our own government could be so blinded by its “green” ideology that it is more than willing to defend the proposal?

Welcome Minister Ballard: now here’s a list of things to do

An Open Letter to the newly appointed Ontario Minister of the Environment and Climate Change, the Honourable Chris Ballard. “You have work to do”

The former Minister of the MOECC left behind a full list of things that need doing, now [Photo: Dorothea Larsen]
July 31, 2017

To the Honourable Chris Ballard

Minister of the Environment and Climate Change

Queen’s Park, Toronto

 

Welcome to your new position as Minister of the Environment and Climate Change.

Unfortunately, Minister Glen Murray has left you an extensive list of action items requiring your immediate follow-up. We highlight the key issues for you in the following list, related to Ontario’s energy policy and wind power projects.

White Pines – Withdraw the Renewable Energy Approval for this project as developer wpd cannot meet the terms of their contract. There are significant environmental concerns with this project that remain, even after a successful appeal by citizens before the Environmental Review Tribunal.

Amherst Island – Rescind Renewable Energy Approval for this project which is planned for the tiny island heritage community. Significant environmental risks are present including the serious impact on migrating birds that congregate in this area; Ontario does not need the power from this project.

Saugeen Shores – The single wind turbine at the Unifor educational facility has been fraught with problems and engendered hundreds of complaints about excessive noise. This turbine would not be allowed under present regulations. You can immediately address the failure to meet a June 30 deadline for submission of a compliance audit report.

K2 Wind – This is another wind power project, a large one, with many problems in its relatively short history. You can deliver on Minister Glen Murray’s mid-May commitment to Black family, and others, to provide a solution to wind turbines that MOECC testing indicated were not compliant with Ontario regulations to protect the environment and health.

Address Concerns Raised at Request of Minister Murray – Many people across Ontario took Minister Murray at his word when he said that there were no complaints reaching his office and that he would ensure his officials responded quickly to address the issues. They wrote to him and are still waiting for action on their issues.

Complaint Tracking Process – Complaint records released to WCO in response to an FOI request indicate that the MOECC does not respond to most complaints about wind turbine noise. These complaints should be a source of learning for the Ministry rather than being ignored as currently appears to be the case. A full revision of the process is needed to ensure that complaints are actually resolved with procedures that allow the Minister’s office to track resolution. MOECC records indicate little or no resolution of more than 3,100 formal Pollution Reports made by Ontario citizens between 2006 and 2014.

REA Approval Process – Increase setbacks from residences to reflect learning from MOECC complaint records that include staff reports that confirm that current regulations are not sufficient to protect health of residents living in wind projects. Last week, the Supreme Court set out standards for consultations with communities which are substantially more rigorous that the standards used for Ontario Renewable Energy Projects.

MOECC Noise Modeling Procedures – implement new noise modeling procedures based on MOECC internal testing that demonstrates wind turbines routinely exceed predicted levels.

Otter Creek – Retract decision to deem this application “complete” for the Renewable Energy Approval process. The proponent is unable to provide noise emission data for the turbine equipment proposed. The noise report submitted with the application for a REA is not grounded in fact but rather is estimates based estimates. Also, a full MOECC investigation of the impact on well water is required.

LRP I Contracts – suspend REA process for remaining LRP I projects until full review of requirements based on internal complaint records is completed.

Noise Compliance Audit Protocol – Expand the wind speeds covered under the protocol to include wind speeds below 4 metres/second which are the source of a substantial portion of complaints about excessive noise. Even MOECC testing shows these wind speeds are the source of noise levels exceeding 40 dB(A), which completely undercuts the credibility of this audit process.

REA Enforcement – REA terms make the project operator responsible for addressing the concerns raised in each complaint to ensure that it does not recur. The MOECC needs to follow up on all operating with projects to ensure compliance with these terms and take action where it is not occurring.

Shadow Flicker – The flickering shadows produced when a turbine is positioned between the rising or setting sun is a major irritant for residents. It is not considered in the REA approvals and is easy to address by turning off the turbine for the times when it is casting moving shadows on a house.  In some projects, these changes have been implemented by the wind company but in other MOECC staff is telling residents no action is required, even though the REA requires the wind company to address complaints like these.

Infrasound – Expand MOECC testing to include the full range of noise emissions from wind turbines as independent testing shows the presence of elevated levels of infrasound in homes where residents have had to leave to protect their health.

Health Studies – The Ministry has been telling residents that its policy is based on the “best science” available since the first turbine projects were built. MOECC records clearly show that this is not correct, but the Ministry continues to be willfully blind to input from both residents and its own staff, quoting dated and selective literature reviews in a field where the science is rapidly evolving.  The need for noise studies and other investigation has been highlighted in numerous reports but never undertaken.  It is time for some serious field studies of the problems being caused by wind turbine projects in rural communities across Ontario. This was an information gap identified in 2010 by the Chief Medical Officer of Health.

 

Last, it is important that as you prepare for this major portfolio, you understand that industrial-scale wind power generation offers no significant benefit to the environment.

Wind power generation on this scale is a high-impact development for little benefit, if any. Two Auditors General for Ontario recommended that Ontario undertake a cost-benefit and/or impact analysis — that has never been done.

We ask you to approach this issue with honesty and honour, and respect the wishes of the citizens of rural Ontario.

Sincerely,

Jane Wilson

President

Wind Concerns Ontario

Wind Concerns Ontario is a coalition of community groups, individuals and families concerned about the impact of industrial-scale wind power development on Ontario’s economy, the natural environment, and human health.

Wind power in Ontario: expensive, unneeded, wasted

Surplus, exported power in April could have powered half of Ontario’s homes. Instead, it’s gone … and so is your money.

Ontario’s Minister of Energy claims that Ontario needs a “reliable, efficient and clean electricity system that comes from a number of sources” [sic] but the stats from this past April put the boots to any notion of wind power being “reliable” or “efficient.”

Parker Gallant and Scott Luft have both looked at the report from the Independent Electricity System Operator or IESO, and found that not only was demand at an all-time low that month (the lowest since the IESO began keeping records) but also that curtailed wind power (power we pay the wind power developers for, but do not accept on the grid because it isn’t needed) was at an all-time high.

Two Auditors General have noted that wind power is produced out of phase with demand in Ontario—it seems things are just getting worse.

 

Here’s how Parker Gallant describes it on his Energy Perspectives blog:

For the month of April 2017, wind power generated and curtailed (521,056 MWh) was 1,374,873 MWh, for a cost of  approximately $182 million.

Curtailed wind in April was the highest on record since we began paying for it back in September 2013!

Here’s the fatal math:

net exports of 1.3 million MWh +

the 521,000 of curtailed wind = 18.7% of total Ontario demand.

Combined, the 1,832,176 MWh at the HOEP price of $11.14/MWh and 1.11 cents/kWh and what do you get? Enough power for more than 2.4 million average households (over 50% of all households in the province) with their average need for power at a cost of only $8.35 — for the whole month.

Curtailment of wind is getting worse, as Scott Luft documents, in a chart from his Cold Air Online blog. Curtailment has doubled in the past three years–money for power we don’t need.

 

Analyst Marc Brouillette in a report prepared for Strategic Policy Economics on the supply mix for power in Ontario, said that ” over 70% of wind generation does not benefit Ontario’s supply capability, and wind generation will not match demand in the OPO Outlook future projections as 50% of the forecasted production is expected to be surplus.” (Page 20)

Seventy percent of wind does not benefit us, and fully 50% is surplus.

Meanwhile, the Ontario government claims they are trying to get electricity bills down, but it appears they are not considering the option of cutting costs.

The contracts given out for $3.3B in new wind power in 2016 should be cancelled, as well as contracts for any projects not yet built, such as the Amherst Island project which has been dubbed “the worst place” for wind turbines because of its effect on migratory birds and other wildlife, to say nothing of a heritage Loyalist community.

Cancel the contracts, Premier Wynne.

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.