Environment ministry lawyer avoids reality in Tribunal arguments

You expect lawyers to defend their clients. But shouldn’t a government lawyer always act in the public interest?

November 29, 2018

Last Friday in Toronto, the appeal against the Renewable Energy Approval for the “Nation Rise” wind power project—an appeal launched and funded by the community—heard closing arguments from the citizens’ group appealing the approval, the multi-billion-dollar Portuguese wind power developer, and the Ministry of Environment, Conservation and Parks.

The latter was represented by Ottawa-based lawyer Paul McCulloch. His job is to defend the Wynne government’s hasty approval of the 100-megawatt power project, south of Ottawa.

Question: Should a government lawyer not be also responsible for defending the residents of North Stormont from the adverse effects caused by a wind power project?

What happened though, was that Mr. McCulloch made astonishing comments in response to evidence brought forward on the risk to human health.

Mr. McCulloch alleged that “no” wind power project has ever been tested and found out of compliance in Ontario. This is patently false. To name just one example, the Unifor turbine in Port Elgin has resulted in hundreds of noise reports, it was found out of compliance and is now under a power reduction order and noise abatement plan (though noise complaints have not stopped).

Similarly, there were many noise reports for the Melancthon wind power project between 2006 and 2009, that the environment ministry did inspections and testing and concluded “the sound discharged into the natural environment from the wind turbines would cause an adverse effect.” * The company was ordered to reduce noise levels, and remodel several of the turbines; when that was not entirely successful, the ministry further worked with the operator to employ a noise abatement plan and in 2011, implemented a “noise reduced operating plan” according to a ministry report obtained under Freedom of Information request by Wind Concerns Ontario.

So, yes, turbines have been found out of compliance and abatement orders issued; the reality is, many others are caught up in a seemingly endless round of audible noise testing through a flawed protocol.

Mr. McCulloch also dismissed government records of complaints from residents presented by Wind Concerns Ontario as evidence of problems and especially adverse effects from wind turbine emissions, saying no conclusions can be drawn from self-reported complaints.  However, “assessment” of noise/adverse effects complaints has not been a requirement of the process, so there would not be such records of medical opinions. And the ministry doesn’t follow up on reports of adverse effects, or even refer them to the Ministry of Health. The MOECC (now MECP) also does not collect information on academic credentials of the people as part of the complaint tracking process. The reality is, trained healthcare and medical professionals are among those who have filed complaints about the impact of wind turbines on their health, and others have had their assessments confirmed by healthcare professionals.

Government lawyer Mr. McCulloch, however, essentially stated that unless people registering complaints with the MECP provide medical proof, their reports are of no consequence. Does this mean that the thousands of provincial records of noise complaints are meaningless? That adverse health effects being reported to government are ignored? That is a terrible message for the people of rural Ontario.

Mr. McCulloch’s comments may also have undermined a community health investigation being carried out at the request of Huron County citizens, funded by Ontario taxpayers. The investigation was initiated by public health officials in the Huron County Health Unit in response to clusters of health complaints related to wind turbines. It is being carried out under authority of the Ontario Health Promotion and Protection Act.

But now, is all hope for this project dashed? At the hands of a government lawyer? Mr. McCulloch, a public servant, demeaned the investigation process and criticized the fact that it relied on information solicited from “volunteers.” By “volunteers” he meant Ontario citizens, the same citizens who have been dutifully filing complaints with the environment ministry since 2006, with little or no action.

Contrary to Mr. McCulloch’s remarks on the methodology in the investigation, it is modeled on the Health Canada community study, and received ethics approval from a university. Various challenges in the community (non-disclosure clauses in wind turbine lease agreements, distrust of more “study,” and despair at the lack of government action) have led to a lower participation level than expected by the investigating health professionals.

In recent weeks, the Medical Officer of Health and the staff epidemiologist have been in the media, renewing invitations for citizens to participate.

Who will participate in that important ongoing community health project now? Speaking apparently on behalf of the government, lawyer McCulloch essentially said any results will mean nothing to the MECP.

The lawyer also told the Tribunal that current Ontario setbacks and noise limits reflect the “consensus view” of the impact of wind turbines on health. That statement purposely ignores a report prepared by the Council of Canadian Academies for the federal government that demonstrated the basic measurement tool Ontario uses to assess wind turbine noise is inadequate, as well as the report issued by the Australian Senate Select Committee on Wind Turbine Noise, and recent announcements from the World Health Organization recommending a more stringent noise standard for wind turbines in Europe than is used in Ontario.

Mr. McCulloch’s statements to the Environment Review Tribunal were misleading.

The environment ministry should clarify his remarks immediately, in order for the Tribunal to be informed with the truth.

 

WIND CONCERNS ONTARIO

*Master Incident Report 7465-8KCC68, pages 2-3

For information on the Huron County community investigation: https://www.huronhealthunit.ca/reports-and-statistics/investigations/wind-turbine-study/

 

End unnecessary wind power project and save $400 million: WCO to Premier Ford

 

A new wind power project will be a huge expense to Ontario consumers, and has worrisome environmental features, too. End it, Wind Concerns Ontario says.

October 31, 2018

At the meeting of the Standing Committee on Social Policy at Queen’s Park on Monday, October 29, the president of the wind power industry’s trade association and lobbyist, the Canadian Wind Energy Association (CanWEA) spoke against ending the Green Energy Act in Ontario because, he said, wind power is now the cheapest option for power generation.

He claimed that contracts in Alberta now average 3.7 cents per kilowatt hour, which actually excludes support payments funded by carbon taxes in that province. We leave analysis of this almost certainly false claim to the usual analysts (Parker Gallant, Scott Luft, Steve Aplin, Marc Brouillette and others), but we have questions:

Why did Ontario contract for wind power at Nation Rise for 8.5 cents per kWh?

Why is this project going ahead at all, when there is no demonstrated need for the power?*

And,

Why will Ontario electricity customers have to pay more than $400 million for a power project we don’t need?

The Nation Rise project in North Stormont (between Cornwall and Ottawa) is an emblem of everything wrong with Ontario’s renewables policy, under the former government. The 100-megawatt power project, being developed by wind power giant EDP with head offices in Spain, is minutes away from the R H Saunders Generating Station, whose full 1,000-megawatt capacity powered by the St. Lawrence River is rarely used.

Wind power, on the other hand, unlike hydro power, is intermittent and not to be relied upon — in Ontario, wind power is produced out-of-phase with demand (at night and in the spring and fall when demand is low).

And, it’s expensive.

Lawrence Solomon, executive director of Energy Probe in Toronto wrote Monday in the Financial Post that Ontario’s renewables are a significant factor in the mess that is Ontario’s power system. Renewables, he said, “which account for just seven per cent of Ontario’s electricity output but consume 40 per cent of the above-market fees consumers are forced to provide. Cancelling those contracts would lower residential rates by a whopping 24 per cent”.

Nation Rise may cost Ontario  as much as $451 million over the 20-year contract, or $22 million a year.**

But there is more on Nation Rise, which again highlights the problem with many wind power developments — the dramatic impact on the environment for little benefit.

Serious environmental concerns have arisen during the citizen-funded appeal of the Nation Rise project, including the fact that it is to be built on land that contains many areas of unstable Leda or “quick” clay, and it is also in an earthquake zone. No seismic assessments were asked for by the environment ministry, or done. In fact, a “technical expert” for the environment ministry did not visit the project site as part of his “technical review” it was revealed during the appeal, but instead visited quarries outside the area.

He testified in fact that he didn’t even know Leda clay was present until after his inspection, until after he filed his report with the Ministry of the Environment and Climate Change, and until after he filed his evidence statement with the Environmental Review Tribunal.

Nation Rise received a conditions-laden Renewable Energy Approval just days before the writ for the June Ontario election.

It is Wind Concerns Ontario’s position that the Renewable Energy Approval for this project should be revoked, and the project ended, to save the environment, and save the people of Ontario hundreds of millions of dollars.

 

We don’t want to pay $400+ million for the power from Nation Rise.

#CancelNationRise

*CanWEA and others neck-deep in the wind power game recite a statement purportedly from the Independent Electricity System Operator (IESO) in a Globe and M<ail article that Ontario will be in a power shortage in five years. This is false, of course, as the IESO hurried to correct.

**Thanks to Parker Gallant for these calculations.

Green Energy Act meant serious problems for rural Ontario: WCO

New draft bill doesn’t go far enough to address change needed to undo damage

October 30, 2018

Citizens of Dutton Dunwich oppose a wind power project–under the Green Energy Act, their concerns had no weight. A new bill doesn’t seem to change that.

 

In a presentation before the Standing Committee on Social Policy, Wind Concerns Ontario described the wide range of problems caused for all of Ontario, and especially rural and small-town communities, by the Green Energy Act.

Bill 34, which aims to change aspects of the Green Energy Act, is at the committee stage, before receiving final approval by the Legislature.

Presenting for the coalition of community group members and individuals and family members of Wind Concerns Ontario was executive vice-president Warren Howard, a former bank executive and municipal councilor.

He reviewed the problems with wind turbine noise and disturbed water wells; the removal of local land-use planning for municipalities; and the fact that municipalities are now being called upon by residents for help with these negative impacts of the wind power projects, but that they are helpless to do much. In some cases, he said, municipalities tried to take action to protect the health of their residents, but were met by threats of expensive legal action by wind power developers.

The rules for the approval and operation of wind power projects are not based on solid science, Howard said, and are today, out of line with rules in other jurisdictions.

Wind Concerns Ontario obtained documents showing thousands of official records of complaints of excessive noise and vibration from wind turbines, he said, but the response rate from the former Ministry of the Environment and Climate Change was poor.

In more than a few cases, people across Ontario have abandoned their homes because of the impact of wind turbine noise emissions.   Even though the Ministry’s Spills Action Line operates on a 24 hour-7 day per week basis and had the capability to respond on an emergency basis to other environment issues, the only response to wind turbine complaints was to advise the District Office who would respond in a day  or  so.  There is no evidence of action being taken on requests by frustrated residents that turbines be turned off so that they could sleep.

The new Bill does not go far enough in making the necessary changes required to repair the damage done to Ontario by the Green Energy Act, Howard explained to the committee. There is no change, for example, in the role of municipalities to approve wind power projects, and there seems to be no provision for enforcement of existing noise regulations, which need to be improved.

Wind Concerns called for retraction of the Chief Medical Officer of Health statement published in 2010, denying that health issues are linked to wind turbine noise. The document is incomplete and outdated, yet it is being relied on as the foundation for environment ministry response.

Wind Concerns also called for regulation 359/09 be rewritten and action be taken to address the 4,562 complaints about wind turbine problems.

The official submission to the Standing Committee on Social Policy is here: Social Policy Committee October 30 FINAL.

Risk of turbine construction, operation high for Nation Rise project: geoscientist

October 15, 2018

ERT chair Maureen Cartier-Whitney hears evidence on groundwater. Geoscientist said it is possible there is no effective mitigation for the vibration produced by turbine construction and operation.

Finch, Ontario — The Nation Rise wind power project, which received Renewable Energy Approval in May, poses a significant risk to people and the environment due to vibration connected to the construction and operation of the wind turbines, a geoscientist told the Environmental Review Tribunal when the citizen-funded appeal resumed today.

Angelique Magee said that the project area is located on the former Champlain Sea and the nature of the soils plus the presence of Leda or “quick” clay represents a “high potential” for landslides. She provided details of landslides that have occurred in Eastern Ontario and Western Quebec, including one that resulted in loss of life. She also recounted the story of the village of Lemieux which was evacuated due to risk of a landslide because of Leda clay and which subsequently did slide into the Nation River, causing a loss of land, killing fish and destroying fish habitat.

Leda clay is prevalent throughout the region, Magee said. The soil is such that when it is disturbed by vibration, it can become liquid, thus causing the landslides. The risk is high, McGee said, and would pose a serious risk to human health and a serious and irreversible risk to the environment.

She mentioned the fact that Eastern Ontario also has many earthquakes which would add to the risk, due to seismic vibration. She was asked if mitigation is possible, and answered that the proponent is supposed to identify all the wells in the project area, but has not fulfilled that requirement of the Renewable Energy Approval. “There is no assurance of the quantity or quality of water.”

The project area is situated on a “highly vulnerable aquifer” she noted and the wells serving homes, businesses and farms are often shallow or “dug” wells as opposed to drilled wells. The proponents’ information on wells is out of date, she added. The proponent’s lawyer, John Terry, asked if it isn’t true that there are many areas of vulnerable aquifers in Ontario. “Yes,” she responded  “but it is important to consider local characteristics. In this case, that means the presence of the shallow wells, which would be affected.”

A third risk factor is the presence of karst topography which is characterized by fissures and can lead to contamination of groundwater in certain situations, construction vibration included.

The geoscientist was asked about the use of quarries in the proponents’ environmental assessment, which she said was not appropriate. The turbines would cause constant vibration, she said, which different from blasting occasionally.

When asked if the conditions of the REA would prevent harm, Ms Magee said, no. The measures proposed would not necessarily prevent a landslide or contamination of the groundwater, and the proponent has not conducted the proper identification of the water wells in the area, or done a proper assessment of the impact of seismic vibration on the soil and aquifer.

The only mitigation that would ensure no harm to people or the environment would be to not locate turbines in vulnerable areas such as this, McGee said.

In his cross-examination, lawyer Terry suggested that Magee’s interest was simply that she owns property in the Nation Rise project area, and her real concern was the value of her property. “My concerns are primarily based on geology,” she answered, “and yes, if the wind turbines affect the wells then I am concerned that homes will not be sellable.” Mr. Terry also tried to suggest that Ms Magee used Wikipedia as a source of information to which she responded that she used scientific studies and papers to prepare her evidence, the same papers that may have been used in the Wikipedia entry. She said, she may have used the Wikipedia entry I order to use language non-scientists could understand, she said.

The hearing continues October 16, and closing arguments will be presented in Toronto on November 23rd.

The proponent has not fulfilled a requirement to identify all wells in the project area. Signs demanding water testing line a street in Finch, Ontario.

 

 

A voice silenced: Mike McCann

October 11, 2018

When wind power developers roll in their Trojan Horse to communities boasting of multiple benefits such as more jobs, prosperity and a cleaner environment, one thing they fail to mention — and in fact argue against vehemently — is the loss in property value for those people whose homes are suddenly located inside industrial power projects.

Chicago real estate appraiser and consultant Mike McCann was someone who studied the property value loss phenomenon, and appeared before various legal tribunals and committees to talk about it.

Mr. McCann studied Ontario properties, too, and was one of the group of professionals we often called upon for advice.

Mike McCann died this week in Chicago, after a battle with cancer.

Read his Obituary here

See a summary of property value loss studies by Mike McCann here.

Nation Rise project will create noise, health problems: WCO president to Tribunal

(C) ONTARIO FARMER

July 31, 2018

Report by Tom van Dusen

Finch, Ontario — Sitting demurely and speaking quietly, on July 24 the volunteer president of Wind Concerns Ontario blasted the provincial government approach to monitoring industrial wind turbines, accusing it of ignoring complaints about noise, health and other issues, or deferring them with no subsequent action.

Jane Wilson made  her comments while presenting as a witness during an Environmental Review Tribunal hearing into the Nation Rise wind power project planned for Stormont County. The hearing is scheduled to continue through August 2.

Currently engaged in the approval process, the project is sponsored by EDP Renewables Canada and calls for installation of some 33 turbines in North Stormont farm country delivering a total of 100 megawatts of power that, opponents observe, the province doesn’t need.

Headed by local resident Margaret Benke, opponents were hopeful the new Doug Ford government would cancel Nation Rise just as it did the White Pines wind project in Prince Edward County. But that didn’t happen and opponents’ legal fees and other expenses are up to $20,000. Benke noted that, with Ford in place, Nation Rise isn’t likely to proceed and yet opposing residents are still on the hook for costs.

Government not enforcing the law

A registered nurse, Wilson said Wind Concerns represents a coalition of more than 30 community groups across Ontario.

She emphasized that the Ministry of the Environment and Climate Change–renamed Environment, Conservation and Parks — has pledged to protect the environment and human health from any turbine side effects.

She cited former Environment Minister Glen Murray congratulating his officials for responding quickly to complaints and enforcing the law. However, Wilson’s review of incident reports obtained through Access to Information indicated the ministry doesn’t respond to all complaints and “does not, therefore, enforce the law.”

No answer to that

Total number of incident reports filed with the ministry between 2006 and 2016 was 4,574, Wilson told Maureen Cartier-Whitney, chair of the one-person panel. Records showed that in more than 50 per cent of formal complaints, there was no ministry response. Another 30 per cent were deferred. “In fact, only one percent received priority response.”

While he asked for some clarification, Paul McCulloch of the ministry’s Legal Services Branch, didn’t dispute Wilson’s basic facts. Representing EDP, lawyer . Grant Worden also offered no challenges to Wilson.

The repetitive nature of various complaints suggests, Wilson continue, that wind power developers are failing to live up to the terms of their approvals by allowing conditions triggering adverse effects including on health, to continue.

“Documented health effects include headache, sleep deprivation, annoyance, and ringing or pressure sensation in the head and ears. Most disturbing was the fact that these health effects were reported many times, and also among children.”

Wilson indicated that 39 per cent of 2006-2016 incident reports referred explicitly to sleep disturbance which is generally blamed for a myriad of diseases and disorders.

“Given the thousands of unresolved noise complaints in Ontario, and given Health Canada results of adverse health effects at distances of 550 metres to 1 km, it is reasonable to question whether the Nation Rise power project will not also engender community reports of excessive noise and adverse effects.”

contact@windconcernsontario.ca

To help support the appeal, which is bringing forward issues never presented to the ERT before, please send a cheque to Concerned Citizens of North Stormont, c/o Wind Concerns Ontario, PO Box 509, 250 Wellington main Street, Wellington ON  K0K 3L0

 

Nation Rise project: significant concerns over health, environmental damage

 

Wind farm contracts can be cancelled: legal opinion

Companies without a Notice To Proceed or who have not reached key milestones “have reason to be concerned”

July 6, 2018

In a just released review of the energy landscape in Ontario under the new Ford government, Mike Richmond, wind power contract specialist with law firm McMillan LLP, says the contracts between government and wind power developers can be cancelled in certain situations.

Wind Concerns Ontario has long maintained this to be true, even recommending to the Wynne government that an effective way to reduce electricity bills for Ontario consumers — or at least, not have them go higher — was to cancel the $1.3B of new wind power contracts and to cancel any others where significant milestones have not been met.

Mr. Richmond’s legal opinion and review is here.

The government will be directing IESO to exercise termination rights

An excerpt:

Developers, lenders, construction firms, installers, landlords and other clients with interests in contracts for projects which have not yet been granted Notice to Proceed (NTP) by the Independent Electricity System Operator (IESO) (or acceptance of Key Development Milestones for Large Renewable Procurement (LRP I) projects) have reason to be concerned.

While the [PC election] platform was not long on detail, it was absolutely clear that where pre-construction contracts contain provisions allowing the IESO to terminate at or prior to NTP or other equivalent milestones, before expensive capital equipment has been delivered and installed, the Government will be directing the IESO to exercise those termination rights.

Anticipating such a directive, the IESO had already begun holding back on the issuance of NTP approvals for Feed-In Tariff (FIT) projects prior to the June 29 swearing-in, instead electing to issue NTP Deferral Notices. By doing so, the IESO is able to limit its liability for the eventual termination of those projects to the “Pre-Construction Liability Limit”, which is set at:

  • $400,000 plus $2.00/kW for wind, biogas or biomass facilities;
  • $250,000 plus $10.00/kW for solar facilities; or
  • $500,000 plus $20.00/kW for waterpower facilities.

These figures only represent liability caps. To be eligible even for these amounts, developers will have to be able to demonstrate that they incurred, after being awarded a FIT Contract, “soft” costs up to these amount for items such as environmental approvals, EPC and financing contract negotiations, land rights, resource assessments, connection cost deposits, equipment deposits and permitting. Costs spent on generating equipment (other than reasonable non-refundable deposits), and amounts representing lost profits, are not eligible.

Some questions remain:

Given the stated election platform, and the fact these contracts were a key campaign issue, why then did the Wynne government issue a Renewable Energy Approval to Portugal-based EDPR  for its unneeded 100-MW “Nation Rise” wind project just days before the writ was drawn up for the June election, and why did the IESO toss its termination rights overboard on the WPD “White Pines” project, during the active election campaign?

What pressures were brought to bear on the former government by the power developers?

And why are taxpayers now being forced to pay for the new government’s defence of a bad decision made by the Wynne government, in the Nation Rise appeal?

contact@windconcernsontario.ca

 

North Stormont group asks Premier Ford to halt wind power project, legal action

Nation Rise project not needed; community group says cancel it now, save millions

Expensive legal action will cost taxpayers more for unnecessary power project, community group says

OTTAWA  July 3, 2018— The citizens’ group opposing the 100-megawatt “Nation Rise” wind power project asked Premier Doug Ford and his new government today to state its intention to cancel the project’s contract, and halt legal action related to its approval.

The power project, to be located just south of Ottawa, received Renewable Energy Approval just days before the writ for Ontario’s June election was drawn up.

The community filed an appeal of the approval, based on environment and health concerns, which is set to begin Thursday July 5 with a hearing in Finch, Ontario.

Given the new government’s campaign pledge to end contracts for projects which do not have final approval, however, the legal action is a waste of time and taxpayer money, says Margarent Benke, spokesperson for  the Concerned Citizens of North Stormont.

Ministry of the Environment employees and lawyers must travel from Toronto and mount a defence of the approval, Benke says, which makes no sense if the government plans to cancel the unnecessary power project.

“We made an urgent request today for action on the Nation Rise project. It will cost the people of Ontario a base price of $500 million over 20 years, and add to our electricity bills,” says Benke. “The Environmental Review Tribunal Hearing will represent even more cost to the government and to the people of Ontario, and more financial and emotional strain to the people of North Stormont.”
 
The power project would expose citizens near Finch, Crysler and Berwick to environmental noise from huge, 3.2-megawatt wind turbines; most of the turbines would also be located on an area designated as a “highly vulnerable aquifer.”
Ontario currently has a surplus of electrical power; wind power projects produce power out-of-phase with demand, and Ontario’s Auditor General has criticized the contracts for their above market rates. Auditor General Bonnie Lysyk has said Ontario electricity customers overpaid for renewable power by $9.2 billion.
Contact: info@concernedcitizensofnorthstormont.ca
contact@windconcernsontario.ca 
 

IESO stuns with final approval of contested wind farm

Hundreds marched in Picton on October 15th. Clearly a critical issue in the election campaign–so why did the IESO issue final approval during the election? (Photo Wind Concerns Ontario]

June 26, 2018

Community members in Prince Edward County were shocked to learn this past weekend that Ontario’s Independent Electricity System Operator (IESO) had granted the final approval required for the “White Pines” wind power project.

The IESO apparently gave the project final Notice To Proceed. Projects without a Notice To Proceed or NTP can still be cancelled.

Worse, the NTP was given apparently on May 11, which was four days after the writ for the 2018 election was drawn up.

It is accepted practice that in the immediate election period, certainly after the writ has been released, the sitting government does not make major announcements or take important decisions.

Especially on a subject like the White Pines power project which is involved in two separate legal actions currently, and was certainly a major issue in the local election campaign.

It is also arguable whether the Renewable Energy Approval for the 100-megawatt “Nation Rise” wind power project, announced days before the writ, is acceptable.

Certainly, there are questions to be asked about influence on the IESO and the Ministry of the Environment and Climate Change to take these actions when they must have known they were outside accepted practice.

contact@windconcernsontario.ca

 

Ontario Environment Minister served with summons on violation of the Environmental Protection Act

“We had no choice” : Wind Concerns Ontario on taking legal action regarding wind turbine noise reports

NEWS RELEASE

Citizens’ group charges Environment Minister with violation of Environmental Protection Act

May 1, 2018, Toronto, 10:00 EDT – The president of Wind Concerns Ontario (WCO), a volunteer-led coalition of 30 community groups and many Ontario families, has filed a private prosecution against the Honourable Chris Ballard, Minister of the Environment and Climate Change (MOECC), for violating Ontario’s Environmental Protection Act (EPA).

Private prosecutions are important tools in empowering private citizens to hold those persons in power to account.

The EPA prohibits anyone from permitting the “discharge of a contaminant into the natural environment, if the discharge causes or may cause an adverse effect.” Adverse effects listed in the EPA include “an adverse effect on the health of any person,” “harm or material discomfort to any person” and “loss of enjoyment of normal use of property.” (Section 14 subsections 1 and 2)

“We don’t take this step lightly,” says Jane Wilson, WCO President and a Registered Nurse, “but with the MOECC not responding to thousands of reports of excessive noise from wind turbines, which is affecting sleep and health for Ontario families, we had no choice. These are examples of adverse effects that Minister Ballard should not be permitting to continue.”

WCO recently received MOECC documents under a Freedom of Information request that showed thousands of unresolved reports of noise, many with staff notes about sleep disturbance and health impacts. Between 2006 and 2016, there were more than 4,500 recorded reports, 35% of which contained staff notes about adverse health effects; between 2015-2016, the MOECC response rate to the reports of excessive noise was less than 7%.

“Citizens report going without sleep for days, weeks, even months,” said Wilson. “Sleep disturbance is linked to other health problems such as high blood pressure and diabetes. Mr. Ballard, as steward of environmental protection in Ontario, is responsible for allowing this environmental noise pollution to continue.”

On April 30, 2018, Mr. Ballard was served with a summons to appear before the court on May 17, 2018.

CONTACT: Jane Wilson  president@windconcernsontario.ca

www.windconcernsontario.ca

 

Excerpts from Ontario resident wind turbine noise reports:

“You have done nothing to help myself or my family. How many times [do we have to complain] before the MOECC will do something?”

“Another week has passed with no response from you. It has been terrible here off and on the past week …continue to be unable to get a good night’s sleep.”

“When will you reopen our file and help us?”

“We just want to sleep…”

“After a week of east wind and no sleep in our house this has become intolerable … it is up to you to address this”

 

Read Wind Concerns Ontario’s reports on the MOECC pollution Incident Reports here.

The 2017 report on noise complaints 2006-2014 NoiseResponseReport-FINAL-May1

The 2018 report on noise complaints 2015-2016 Second Report Noise Complaints February 2018-FINAL

 

Legal foundation for a private prosecution

Ontario Private Prosecution

 

#MOECC