Wind turbine noise emissions listed among concerns for modernization of radiation emitting devices legislation

March 26, 2021

Health Canada released an update today on progress toward “modernization” of the Radiation Emitting Devices Act or REDA.

A consultation process was held last year in which the public and stakeholders could submit opinions and recommendations. Wind Concerns Ontario submitted a document which gave an overview of wind turbine proliferation in Ontario, and resulting complaints about noise and vibration.

Health Canada received 20 submissions from a variety of participants including interest groups and professional associations.

“Although many of the special interest groups and individuals expressed general support for strengthening the provisions of REDA,” Health Canada said,  “concerns were raised in relation to the application of REDA to address noise emissions from wind turbines. Respondents expressed a desire to ensure that the provisions of REDA, specifically the general prohibition and notification requirements, apply to wind turbines as well as other products that emit tonal infrasound.”

Wind Concerns Ontario referred to numerous federal documents including the Health Canada wind turbines and noise study published in 2014 and the 2015 Council of Canadian Academies report, which both acknowledged problems with wind turbine noise emissions. Current protocols for monitoring noise from the turbines do not capture the full range of emissions, the Council noted.

Wind Concerns Ontario said:

There are processes in place for the people of Canada to report adverse reactions or adverse effects from the use of medications and medical devices, and to report problems with machinery or other equipment that pose a risk to health. In the case of wind turbines in Ontario, there have been thousands of reports of problems with exposure to wind turbine noise emissions.

The REDA must be employed to halt the risk to human health.

This is particularly important now as well, as the federal government seeks to encourage an expansion in development of renewable energy, which may mean the planning and construction of more wind power facilities. …

It has been a heartbreaking and frustrating exercise reading reports on wind turbine noise emissions and attendant health impacts filed by the people of Ontario who thought their government would really protect them.

Health Canada says the comments are under review and may result in some revisions to the proposed legislation.

See the Health Canada update here: Modernization of the Radiation Emitting Devices Act (REDA) 2020 Consultation – Summary of Results – Canada.ca

See the Wind Concerns Ontario document here: Comment to Health Canada REDA-September 10-2

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.

Can renewables save the economy? History says, No

October 13, 2020

Canada’s federal government–deep in debt from policy decisions and now the COVID-19 pandemic–has pointed toward a focus on renewable energy as a way to “build back better” and strengthen the economy.

But will it work?

Wind Concerns Ontario took a look at what government incentives did in Ontario, when the McGuinty government had the same goal in 2009. Their aim was to make up for the devastating losses in the auto industry by fostering a new one: Ontario would become a world leader in green energy and benefit from a chain of economic endeavors from manufacturing wind and solar power components to generating “clean” “green” power.

The vision was to help “fledgling” companies grow and thrive.

What happened?

Not that.

Research on the companies that actually participated in the early days of wind power development in Ontario shows they were hardly “fledglings”. Names like Samsung, Enbridge, Suncor, SunEdison and more indicate, as the Wind Concerns Ontario report shows, companies from around the world flocked to Ontario to take advantage of lucrative, above-market contract rates. And then, many of them left. Today, much of the province’s wind power capacity is held by pension and investment funds who bought into the high yields from the rich contracts.

Jobs? No.

Manufacturing? No.

Prosperity for all? No. Ontario now has a new catch phrase: “energy poverty” as it watched manufacturing businesses hit the road for locations with more advantageous electricity rates.

Read the Wind Concerns Ontario report here Wind Power Development and Ownership Ontario-October-2020

 

 

Everybody knows what’s causing Ontario’s high electricity costs

In today’s edition of The Niagara Independent is an article by Catherine Swift, head of Working Canadians and former Chief Economist with the Canadian Federation of Independent Business.

She advises the Ford government to take the steps that are needed to get Ontario’s high electricity bills down—an action that was part of the government’s campaign promise in 2018.

“Most Ontarians also know that the reason for our outrageously high hydro costs is the ill-conceived Green Energy Act (GEA) of the previous Liberal government, which involved signing long-term contracts with solar and wind energy providers,” Swift writes. Those contracts were designed  “guaranteeing them rates far in excess of any sensible market rates for electricity, while doing little if anything for the environment that would justify the massive added costs.”

Further, Swift says, “Despite strong rhetoric decrying the price of hydro power in Ontario and the negative impact it is having on businesses, households and the economy overall, the Ford government has in some cases merely perpetuated bad Liberal policy and has not attacked the underlying cause of high hydro rates – the ridiculous contracts awarded by the Liberals to generators of “green” energy at absurdly high cost.

“These contracts typically had terms of 20 years, and some as long as 40 years.  The Ontario government has cancelled some of these contracts, at some cost to taxpayers but likely more benefit in terms of eventual savings.  But the vast majority of the contracts remain in force and will keep hydro costs high well into the future.  The bottom line is that the Liberals made a fine mess of the electricity market in Ontario, including all kinds of inequities in terms of the costs imposed on different groups of ratepayers, and foolishly committed Ontarians to contracts of much longer duration than any government should be permitted to do.  Much of the Ontario economy has suffered mightily as a result, especially the job-creating small business sector.  As the Ford government is finding, these policies are very difficult to reverse.  And if this wasn’t bad enough news, many of the architects of this failed Green Energy Act are now advising the federal government, and advocating for similar policies on a national level.

“Woe Canada.”

It is true that the contracts negotiated by the McGuinty and Wynne governments will be difficult to unwind, and doubtless the Ford government’s lawyers are reluctant to get involved in more legal action (e.g., Nation Rise, which was handled badly), but it is possible. Queen’s University professor of law and economics Bruce Pardy wrote in a paper in 2014 that “However, government contracts are not the ironclad agreements they appear to be because governments may change or cancel them by enacting legislation.”

Whatever means is used, Ontario’s citizens do not deserve to continue paying high rates for intermittent, unreliable wind power via contracts negotiated by former, ideology-driven governments which never bothered, despite advice from the Auditor-General, to do a cost-benefit analysis of its pro-wind power program.

Read Catherine Swift’s article here.

 

 

North Stormont community, Attorney General announce no further legal action on Nation Rise wind power project

June 19, 2020

The Concerned Citizens of North Stormont announced today that it will not pursue further legal action regarding the Nation Rise wind power project; Ontario’s Attorney General has determined that it will not appeal a court decision made a few weeks ago.

The community group negotiated several conditions with the power developer, including a fund to help people who perceive noise or other effects, a bat mitigation strategy that is planned to prevent bat deaths, and funding for wildlife research to be done by an Eastern Ontario research institute. As well, the community group’s considerable legal fees will be paid by the power developer.

The news release is as follows:

Resolution Reached between community and Nation Rise wind power project

June 19, 2020 – North Stormont

An agreement has been reached between community group Concerned Citizens of North Stormont (CCNS) and the developer of the Nation Rise Wind Project. CCNS appealed the project approval before the Ontario Environmental Review Tribunal over concerns about the environment and wildlife; that appeal was dismissed. The Minister of the Environment subsequently revoked the Renewable Energy Approval on direct appeal from the community group but that action was recently reversed by the Ontario Divisional Court.

The Ministry of the Attorney General has now indicated the Minister will not be seeking leave to appeal the Court decision.

The negotiated agreement recognizes and respects that the project as proposed will have the most stringent bat mitigation of any wind power project in Ontario.

The agreement includes the creation of a community-based home improvement fund which will allow local residents to apply for up to $5,000 from a $150,000 fund, established primarily for noise and visual mitigation for homeowners who perceive impacts.

The agreement also provides for $50,000 to the St. Lawrence River Institute, based in Cornwall, Ontario, to fund independent bat-related research.

The agreement further provides for payment of fees and disbursements incurred by CCNS.

For additional information, please contact counsel for CCNS Eric Gillespie at 416-436-7473 (telephone/text) or by email egillespie@gillespielaw.

Green Energy Act contracts costing $4B a year: Scott Luft

Consumer reaction? The Green Energy Act was launched by Premier Dalton McGuinty in 2009. Didn’t work out so hot.

May 4, 2020

Energy analyst and Ontario government historian Scott Luft has just published an important analysis of energy contracts post the Green Energy and Green Economy Act passed in 2009, and has made some starting calculations: those above-market contracts cost us plenty, and still are.

Read his post here.

An excerpt:

The good news is that the increase in the costs incurred by the GEA contracting slowed significantly after 2016. Additional costs are still to come as the largest, most expensive, single feed-in tariff contract only entered service for the last third of 2019: a full year of operation will add another $75 million. Hydro output from sites contracted under the HCI and HESA initiatives have been producing less in the past couple of years, while global adjustment cost components reported by the system operation (IESO) for this group have been fare higher than my estimates – so I suspect the system operator is hiding payments for curtailment. I have not accounted for biomass contracts, although some exist: over 80% of contracted generation from biofuels is either on FIT contracts or is the converted-from-coal Atikokan Generating Station. Reporting on the global adjustment shows biomass responsible for $230 – $287 million annually over the past 5 years.
Precision is elusive, but I am confident the current annual cost from procurement programs initiated in 2009 is over $4 billion a year.
Wind and solar contracts are for 20 years. A handful of smaller hydro facilities have contracts for less than 20 years, but most are 40 and the largest, most expensive contracts are for 50 years (for facilities on the Lower Mattagami river). By multiplying $4 billion (per year) by 20 years it’s clear the entire cost will be more than the $80 billion.

This is bad news for the current Ontario government that promised lower electricity bills—hard to do when you’re locked into lucrative contracts for years to come yet. But this is interesting for people who complained about cancellation of the 758 new energy contracts last year—we didn’t need that power, and we certainly don’t need the cost of intermittent, weather-dependent power, produced out of phase with demand.

 

Pro-wind legislation sacrifices democracy

Sign in Dutton Dunwich: a community referendum saw a majority say NO to a wind power project that was approved anyway–then cancelled by a new Ontario government

February 27, 2020

Recent news from New York State and Arizona indicate a disturbing trend in the United States. With the awareness of negative impacts on the environment and human health from industrial-scale or grid-scale wind turbines rising (together with discontent over rising electricity costs), opposition to wind power projects has become vocal and powerful.

The answer?

Legislate their approval no matter what and obliterate the possibility of any opposition from communities.

Quoted in an article in today’s Post-Journal, NY Senator George Borrello said the move to fast-track wind power projects by Governor Cuomo is clearly aimed at “crushing” any citizen opposition. Borrello said:

“The governor’s 30-day amendment to accelerate renewable energy projects is a maneuver designed to bypass Article 10, which established a siting process for these projects that, appropriately, included local input. Now, in order to advance an extreme environmental agenda, he is proposing to eliminate home rule in order to force these renewable energy projects on communities. This is bypassing local zoning and crushing any opposition. In order to meet his environmental targets, these projects will need to be constructed on a massive scale and with a density that will literally change the face of upstate New York, transforming it into a barren industrial wasteland. Countless acres of farmland will need to be blanketed with solar farms. Our beautiful shorelines will be marred by the sight of massive mechanical wind turbines towering over the water.”

Ontario’s Green Energy Act passed in 2009 by the government under Dalton McGuinty, did much the same thing, removing all local land-use planning powers with regard to renewable energy projects. The current Ontario government returned those powers but few municipal governments have followed through on the opportunity to protect their citizens from negative impacts of potential wind power developments by enacting protective zoning bylaws.

The democracy-killing trend is not unanimous, however: In Ohio, the state government is considering legislation that will allow communities to hold a referendum for a proposed renewable energy project.

“No one should underestimate the influence of the well-funded wind power lobby,” says Wind Concerns Ontario president Jane Wilson.

CanWEA, the Canadian wind lobbyist, has been approved for Intervenor status in the court action over the revoking of the Renewable Energy Approval for the Nation Rise wind power project. The Ontario environment minister said in a letter to the community group which had appealed the approval that the power from the project wasn’t needed, and proceeding on it was not worth the environmental risks.

 

Wind turbines and the N-word

Too close for comfort, say academics about Ontario wind turbines [Photo of the problematic Unifor wind turbine: Greg Schmalz]

“Government and industry not trusted to resolve noise complaints effectively or fairly” researchers said in 2016

January 20, 2020

An interesting story popped up in the news feed this morning, out of Missouri.

A wind power project has been proposed for Buchanan County and a new protective zoning ordinance drafted. The ordinance specifies a two-mile setback between turbines and the city limits, but there is no restriction on the distance between the huge wind power generators and rural homes.

Once again, rural communities are pitted against city dwellers; the latter seems all too eager to have their wind power but not have to hear it, too.

Any minute now, the N-word will come up.

City dwellers will be encouraged by the wind power proponents to accuse their country cousins of being “NIMBY” (Not in My Back Yard) while at the same time, these large power generators will never be in their back yards. Or even close to them.

The use of the epithet NIMBY has been used effectively by the wind power lobby as a marketing strategy designed to put rural residents offside, and help depict them as uninformed people worried only about property values and views.

The Buchanan County ordinance is interesting because a) it acknowledges that there are problems with wind turbine noise, and b) significant setbacks are needed to try to counter that problem.

Let’s be clear: NIMBY is an insult. It’s also completely inappropriate say two authors and academics, in a paper published in the journal Renewable Energy Law and Policy, not long after the Green Energy Act was passed.*

When it comes to community concerns about wind power projects being forced on residents, there are very real problems, authors Stephen Hill and James Knott said. Noise issues were “conflated with other social issues such as property value,” there was “inadequate communication and public engagement” and a “loss of local government authority over planning matters,” all of which led to a “growing mistrust in government and industry’s ability to effectively and fairly manage the risks of wind turbine noise.”

The McGuinty and Wynne governments became regarded “not as a neutral arbiter of wind regulation but rather an active proponent,” the authors said. “A crucial error, in our view, was not to have created an independent expert panel to assess the central points of controversy,” i.e, the noise and health impacts.

Hill and Knott are not alone: several other academic authors said that use of the term NIMBY is “an oversimplification of opposition that more accurately is based on a complex mix of factors.”

“Many communities have genuine concerns about impacts on environmental integrity, viewscapes, food production, and social fabric” wrote a team of authors, also published in the Renewable Energy Law and Policy journal.**

Today, with thousands of reports of excessive wind turbine noise and complaints of associated health effects logged by the Ontario government (even with a deeply flawed and inadequate reporting system), we have more than enough evidence that something is terribly, terribly wrong.

Ontario’s current government has pledged to do something to help; insisting on complete compliance with current noise regulations (which do not meet World Health Organization standards) and enforcing Renewable Energy Approvals is a start.

In the meantime, in view of all the very serious problems with industrial-scale wind power, no one should be calling anyone a NIMBY.

WIND CONCERNS ONTARIO

contact@windconcernsontario.ca

*Stephen Hill and James Knott. 2010. Renewable Energy Law and Policy. Too Close for Comfort: Social Controversies Surrounding Wind Farm Noise Setback Policies in Ontario.

** D. McRobert, J. Tennent-Riddell and C. Walker. 2016. Renewable Energy Law and Policy. Ontario’s Green Economy and Green Energy Act: Why a Well-Intentioned Law is Mired in Controversy and Opposed by Rural Communities.

Other reading: Carmen Krogh, Jane Wilson, Mary Harrington. 2019. Wind Turbine Incident/Complaint Reports in Ontario, Canada: a review, Why are they important. https://www.researchgate.net/publication/331174238_Wind_Turbine_IncidentComplaint_Reports_in_Ontario_Canada_A_Review-Why_Are_They_Important

Environment minister hears stories of wind turbine noise, health impacts

The previous government did not respond to complaints, or do the testing required in its own regulations, Saugeen Shores residents say

Unifor turbine: hundreds of complaints, no resolution under the previous, pro-wind government in Ontario [Photo: Greg Schmalz]
September 25, 2019

Jeff Yurek, Minister of Environment, Conservation and Parks, met privately with residents of Port Elgin/Saugeen Shores to discuss the hundreds of complaints filed by families there about noise emissions from the single wind turbine owned by Unifor.

Mayor Luke Charbonneau, who has long advocated for the residents and tried to resolve the problems with the Unifor turbine, was also present at a meeting, wrapped up by Huron-Bruce MPP Lisa Thompson.

Local community leader Greg Schmalz was grateful for the minister’s attention (“I had to pinch myself”) and said the government seems to understand that new regulations for wind turbine noise, including the low-frequency or inaudible noise emissions from turbines, is part of the answer.

Read this account in the Shoreline Beacon, here.

An excerpt:

Port Elgin resident Greg Schmalz, founder of STOP/ Saugeen Turbine Operation Policy, said the medical harm the CAW wind turbine has caused local residents makes Port Elgin “the lab rat test case” for Ontario.

“They put a low-powered machine amongst 1,300 people living 1,000 metres (of the turbine) – you’ve got an experience that generated the highest number complaints about any wind turbine in Ontario – half which are about audible noise and the half are ‘I’m feeling sick’ complaints due to infrasound,” Schmalz said in a Sept. 24 telephone interview, adding the constant feeling of nausea by at least one local couple forced to them to sell their new Port Elgin home near the turbine.

Schmalz said after years of not so much as an email from ministry officials on turbine issue, he was “pinching myself” to believe he was actually in a room with the minister who was listening.

After the meeting Schmalz was confident they got more than lip service from Minister Yurek, who is on a turbine fact-finding tour of Ontario.

Schmalz hopes the first-hand testimonies and scientific data provided to the minister will lead to regulations prohibiting health harming ‘nauisogenic frequency range’ audio emissions that can’t be heard but are felt by the body.
“Part of the remedy, that I believe the PC government is examining, is how to create regulations that could address the measuring of very low frequency of sound inside people’s homes – the nauisogenic frequency range emissions,” Schmalz said, adding they presented the minister with their expert’s testing results and information uncovered after STOP filed a Freedom of Information request that showed the turbine was operating out of compliance with provincial rules.

Schmalz said they key message to the minister was they’ve done the science.

Noise and infrasound harms people and here’s the people that were harmed,” Schmalz said, adding after 10 years of opposition to the turbine, STOP wants to end the endless cycle of noise complaints to the ministry about the UNIFOR turbine and help finding a solution.

Provincial officials made a written commitment for annual emission testing of the UNIFOR turbine when it began operating in 2013, but that testing was not done.

Private testing by STOP and a Freedom of Information filing found the turbine had been operating out of compliance, and last spring a noise abatement plan, including reducing output to 300Kw from 500Kw, showed it was in compliance under those conditions.

Saugeen Shores Mayor Luke Charbonneau revealed details of the meeting after-the-fact, saying the minister wanted no advance notice to prevent “some big splashy thing where a lot of people – no offense media – show up,” Charbonneau said , adding the minister wanted the affected people to be the story, not his visit.

Charbonneau said two or three years ago, the very notion that the minister would come and speak to the affected people was impossible, so “just the very gesture means a lot to me and those folks who had a chance to speak to him the other say,” Charbonneau said after the Sept 23 council meeting.

Charbonneau said the minister listened, but did not say anything that would advance the issue.

“I hope and expect the government will make some decisions based on what they are hearing from the people,” on the minister’s fact-finding tour.

Charbonneau said Huron Bruce MPP Lisa Thompson, Minister of Government and Consumer Services, facilitated the meeting, and wrapped up the Sept. 19 meeting asking Minister Yurek to comment on what he’d heard.

 

Wind Concerns Ontario reminds everyone living inside wind power projects to continue to file noise reports with the ministry by calling a local office or the “Spills Line” at 1-866-MOE-TIPS. Be sure to get an Incident Report number, and keep a record of the call.

Wind power expensive, not needed: Ontario Cabinet Minister

[Photo: MyWestNipissing]

August 20, 2019

Many people will have missed this interview with MPP Vic Fedeli, as it was published in the West Nipissing community newspaper, but the comments from Mr. Fedeli on a recent report from the Fraser Institute are definitely worth a look.

Especially this week, as the wind power industry trade association and lobbyist CanWEA is in Ottawa, trying to persuade Ontario municipalities that wind power is a cost-effective way to generate electrical power that also brings jobs and prosperity to communities.

Not so, says former finance minister and nor Minister of Economic Development, Job Creation and Trade for Ontario. Wind and solar are among the most expensive ways to generate electricity, he told My West Nipissing News.

Wind power contracts were a waste of money because they produced power that Ontario didn’t need, and the surplus power is sold off, often at a loss, to competing jurisdictions in the U.S., Fedeli said. “We make about 30,000 megawatts of power a day but only need about 20,000,” Fedeli said. “So we end up paying the United States and Quebec every single night to take our surplus power.  And it’s billions of dollars every year that we’re paying those competitors of ours.”

Referring to a recent Auditor General’s report, Fedeli says the AG identified that the solar and wind projects of the previous government resulted in “spending $37-billion in wasted money”. He added that former Premiers Dalton McGuinty and Kathleen Wynne pursued the wind and solar projects solely for ideological reasons and photo ops.

“The Auditor-General has proven it certainly wasn’t anything in terms of bringing relief for families,” Fedeli said.

The Fraser Institute report  noted that solar and wind are intended to displace emission-producing forms of power generation, but also that many provinces in Canada get much of their power from nuclear plants or hydroelectric dams, neither of which energy sources produce greenhouse gas emissions.

Fedeli said Ontario gets 60 percent of its power from nuclear and additional power from its huge hydroelectric projects like Niagara Falls.

“We have clean energy from water and nuclear,” he said.

What Mr. Fedeli didn’t mention in referring to the Auditor General reports over the last 15 years was that the former McGuinty and Wynne governments never did any kind of cost-benefit or impact analysis for their wind power program which was essentially forced industrialization for rural communities. Impacts such as environmental noise leading to health problems and property value loss were never examined. The report from the Fraser Institute alleges the wind power lobby purposely ignores the consequences of wind power development, and the operation of wind power facilities.