Ministry of the Environment lawyer steps in as Prince Edward County citizens appealed for a stay of unauthorized construction activities in endangered turtle habitat
Wind Concerns Ontario
Massive clearing of vegetation in Prince Edward County wetland area. This project is still under appeal, but the developer has gone ahead [Photo: APPEC]
April 6, 2016, Picton, Ontario —STATEMENT FROM ALLIANCE TO PROTECT PRINCE EDWARD COUNTY (APPEC)
First and foremost our great thanks to everyone who responded to our call to attend the Court of Appeal hearing. The courtroom was filled to capacity with no seats left empty. The numbers left an impression on all present from the judge to the security guards who were curious about what case all the commotion was about. It was a packed courtroom by anyones’ standards and we thank all of you who made this possible. Our special thanks to Mayor Quaiff and Warren Howard of Wind Concerns Ontario.
However the outcome of today’s hearing is not what we had hoped for. On our arrival we had hoped that Justice Katherine van Rensburg would hear our appeal and our new evidence including aerial photography of the destruction that has occurred at the White Pines project site since WPD began clearing vegetation two days ago, as depicted in one photograph attached.
Instead Sylvia Davis, lawyer for the Ministry of the Environment and Climate Change, cited a ruling from over fifty years ago that only a panel of three judges could hear an appeal of this nature. It became clear at that point that the motion would not be heard until after the legal matter of whether this was properly before the court had been dealt with, with a potentially unfavourable decision. Rather than spend considerable time and money on legal wrangling the decision was made to withdraw our motion for a stay on all physical activity at the White Pines project site. The motion was withdrawn on consent of all parties and without costs.
We have received the written reasons from the Environmental Review Tribunal for its original refusal of our stay motion. We will immediately be going to the Tribunal to once again request a stay. As the saying goes when one door closes, another opens. More information will follow soon.
Lastly, there is a short article on the Wind Concerns website with another photograph of the after-effects of vegetation clearing at www.windconcernsontario.ca
Regards,
Orville Walsh
President, APPEC
For more information on this project and to donate toward legal fees, please go towww.savethesouthshore.org
Rubbing salt in the wounds of the communities who just got notice of wind power contracts forced on them, despite unwilling host declarations, Energy Minister now says process will allow for input earlier in the process. (We’re still not hearing communities can say “No.”)
Just a little bit more “input”? But Bob still doesn’t want to hear you say “no.”
simcoe.com, March 28, 2016
By Jenni Dunning Barrie Examiner
Towns to have input ahead of solar, wind farm decisions
A few weeks after the province approved a wind energy project in Clearview Township, sparking an appeal, Ontario’s energy minister said municipalities will soon be asked for input ahead of future decisions.
“There was a problem with particular large wind and solar farms. There was not enough of an alignment of what they were doing and what the municipalities wanted,” said Energy Minister Bob Chiarelli.
“We are in the process now… It involves much more communication with the municipality. It (will be) almost impossible for (contractors) to win a contract without having participation with a municipality.”
Chiarelli clarified that “participation” referred to approval from a municipality, adding all contractors will be required to show proof they consulted municipalities. One wind energy and 13 solar projects have been approved in Simcoe County, according to the provincial Renewable Energy Projects Listing.
The Clearview project is the only wind farm. There are five solar energy projects in Springwater Township (three of which are in Midhurst), four in Tay Township (three of which are in Waubaushene), three in Orillia, and one in Oro-Medonte.
Chiarelli said he expects the ministry to announce more projects “in a month or two.”
Springwater Township Mayor Bill French said he has noticed the province has slowly started asking municipalities for more input on solar and wind projects in the past year.
They have been asked to use a scoring system to rank their support for proposed projects, he said.
“We always thought there should be a final approval process at the municipal level. It should’ve always been that way,” he said. “We’re quite welcome to that change in legislation.”
French said the township has been concerned when “fairly good agricultural land” was chosen as the location for solar farms.
“The ones that are approved, you can’t turn back the clock on those ones,” he said, adding once municipalities are more involved, Springwater will likely approve energy projects in areas with steep slopes or on smaller properties.
“Multi-acre ones, that’s going to be much more of a challenge,” he said. “We have acres and acres of rooftops around. That’s where solar panels belong.”
Collingwood Mayor Sandra Cooper said she has heard the promise of more municipal involvement from Ontario Premier Kathleen Wynne.
“I’m hopeful. I just have not seen it thus far,” she said. “Municipalities have been sending the message for quite some time — we need to be part of the process.”
Cooper and the rest of Collingwood council voted last month to legally oppose plans to build a wind farm with eight turbines west of Stayner, near the Collingwood Regional Airport. The town is concerned about the possibility of a plane hitting a turbine.
Cooper said the province made a “snap decision” to approve a wind farm despite of this possibility.
By allowing municipalities more say in the approval process, they can help stop decisions that may negatively affect residents, said Oro-Medonte Mayor Harry Hughes.
For example, a couple in the township built a home about five years ago that ended up being surrounded by a solar farm, he said.
“If municipalities had a say in it, that would never have happened,” he said. “Residents expect their municipal council to have some protection for their property.”
When municipalities are more involved, they can demand companies complete up-to-date soil testing to avoid solar projects taking up quality agricultural land, he added.
The province also does not require companies to repair local roads if damage is caused by solar or wind projects, but some have anyway in Oro-Medonte, said Hughes. …
Four renewable energy projects located in Stormont, Dundas, Glengarry will be offered contracts by Ontario’s Independent Electricity System Operator.
So far, at least one township is unhappy with the decision.
EDP Renewables Canada Ltd. has applied for permission to erect an on-shore wind farm in North Stormont. The organization began the Nation Rise project in 2012 with a 60-metre meteorological tower. Since then it has secured more than 4,000 hectares (10,000 acres) through land agreements with approximately 40 local landowners.
However, the Township of North Stormont released a statement last week where it issued a reminder that council voted on July 28 to not support any of the proposed projects within the municipality – including Nation Rise.
Even without the support of the township as a willing host, the IESO still awarded the 100,000 megawatt project a contract.
“The municipality will continue to work in its capacity as a commenting agency in regard to renewable energy projects and the necessary approvals that are required by the Ministry of Environment and Climate Change and the building code,” said the release.
MPP Jim McDonell also expressed his displeasure in the project by questioning the Minister of Energy on the government’s empty commitment to listen to municipalities and their residents who oppose these projects.
“Just before I asked my question, the Liberals said they listened to municipalities,” said McDonell.
“They clearly didn’t. The people of North Stormont and the Township of North Stormont said a clear no to wind farms in their township, rejecting the $9-million incentive offered by the developer in exchange for municipal support.
“This approval makes a mockery of due process and consultation.”
McDonell said he wouldn’t let the subject drop and has filed a Notice of Dissatisfaction with the minister’s answer.
“The minister will have to answer me a week from Tuesday in detail,” said McDonell. “The people of North Stormont deserve a voice when the government denies them one.”
Community held a voters’ referendum–is getting a huge wind farm built by a U.S. company anyway
Dutton-Dunwich Mayor Cameron McWilliam [Photo Craig Glover, London Free Press]
London Free Press, March 10, 2016
Dutton-Dunwich was the one Ontario municipality that held a referendum on wind farms.
Even though 84 per cent of residents opposed wind turbines, the Elgin County municipality that hugs Lake Erie learned Thursday it will end up with them anyway under a process the government promised would give local sentiments a priority.
“We were totally ignored,” Dutton-Dunwich Mayor Cameron McWilliam said. “We live in the province of Toronto, not the province of Ontario.”
A new round of wind farm development announced Thursday awards a contract to Chicago-based Invenergy to build dozens of industrial turbines in Dutton-Dunwich.
The municipality was the first in Ontario to hold a vote for residents on the issue and subsequently passed a resolution declaring itself an unwilling host for wind farm development. Another 89 Ontario municipalities also have passed the “not a willing host” resolution.
McWilliam said he was stunned Thursday when Dutton-Dunwich was on the list of new green energy projects.
The Ontario government had repeatedly assured McWilliam and other rural leaders that the wishes of local residents would be respected in a new era of public consultation.
In testimony before a legislature committee in November 2013, Energy Minister Bob Chiarelli said municipalities wouldn’t be given a veto over projects but it would be “very rare indeed” for any to be approved without municipal backing.
“It will be almost impossible for somebody to win one of those bidding processes without an engagement with the municipality,” Chiarelli said.
Representatives of Dutton-Dunwich had met with the Ontario government several times to make it clear the industrial wind turbines were unwanted, McWilliam said.
“They talked about local engagement and the need for local support. There wasn’t that support in Dutton-Dunwich. We’re disappointed,” he said.
McWilliam said the decision was particularly odd considering some other municipalities had rolled out the welcome mat for wind farm projects.
Malahide Township, which already has a wind farm, was one of them. Malahide Township Mayor Dave Mennill said he was shocked that a project proposed for Malahide was rejected while one was approved in Dutton-Dunwich.
It is a tough blow for both municipalities, he said.
“If you want to really tick people off, ask them for their input and then ignore it,” Mennill said. “I’m at a loss to explain it. Obviously, pricing trumps (community) support.” …
Communities may have “more say” in the wind power project selection process but they still can’t “say” NO. Meanwhile, Ontario is set to dole out contracts for 300 more megawatts of wind power generation, despite a surplus and the fact the Auditor General says we’re paying way too much
Ontario will press ahead with more wind farms despite calls from critics for a halt to the multi-billion dollar projects in the face of energy surpluses.
A spokesperson for the Independent Electricity System Operator said Wednesday that Ontario will award contracts within weeks for another 300 megawatts of wind power after receiving proposals for more than 100 projects.
“Originally, we said we would award contracts by the end of the year, but that wasn’t possible given the number that we received so that was pushed back to March. We are on track to announce it this month,” said IESO spokesperson Mary Bernard.
No specific date for announcing the contracts has been released.
After facing an intense backlash from many communities opposed to wind farm development, especially in Southwestern Ontario that’s home to the province’s largest wind farms and its largest number of turbines, Ontario overhauled the process, requiring companies submitting bids to consult with municipalities.
Many communities bristled when the province, in its plunge into green energy, took away their zoning control over where the giant highrise-sized turbines can be built.
This time, companies also stand to be given preference if they can win backing of municipalities, local landowners or First Nations communities.
The 300 megawatts of power — equivalent to about what four large-scale industrial wind farms would produce — to be awarded this month is a relatively modest amount compared to earlier procurements that pushed installed wind energy capacity in Ontario to more than 3,200 megawatts in 2015.
It’s estimated one megawatt of wind power can supply enough electricity to power about 270 Ontario homes. Besides contracting for additional wind power, Ontario is set to award contracts for 140 megawatts of solar energy, 75 megawatts of waterpower and 50 megawatts of bioenergy.
Jane Wilson, president of Wind Concerns Ontario, a coalition of groups opposed to wind energy, said the 300 megawatts Ontario plans to contract through IESO will be intermittent and unreliable power that isn’t needed. …
EDITOR’S NOTE: There are seven wind power projects proposed for Eastern and East-Central Ontario, from Nation Township through to Addington Highlands and North Frontenac. Almost every single wind power project approved in Ontario has been appealed by communities.
3-MW wind turbine and house near Brinston: communities “torn apart” by conflict. [Photo: Ray Pilon, Ottawa]
While the Wynne government claims to be “Building Ontario Up” the reality is different for rural communities where wind power developers offered leases to farmers, who then chose money over their neighbours and communityFarmers Forum, Eastern Ontario Edition, March 2016
TEARING US APART
Wounds not healing after wind turbines turned friends into bitter enemies
By Tom Collins
BRINSTON—Wind turbines tear apart communities and relationships, causing animosity that lingers for years, warn farmers who have lived through the ugly battles.
Don Winslow signed up almost immediately in 2013 when a wind company planned to build five turbines near Peterborough. Three months later, after immense public pressure and hostility, he couldn’t do it anymore.
“It relieved our stress tremendously [to cancel the contract],” the then-70-year-old Winslow told Farmers Forum after he cancelled his turbine. “We don’t have to sneak around the neighbours hoping not to run into them. There is always an element of society that is going to go overboard but people I respected were just as upset as the real radicals.”
There are only three wind turbine projects in Eastern Ontario – Brinston (10 turbines), Wolfe Island (86 turbines) and 5 turbines just west of Kingston, but there are more than 1,200 turbines in the province with another 1,500 on the way. The province is expected to announce new projects this month that could include another 98 turbines in Eastern and East-Central Ontario.
Most turbines are in Western Ontario where the stories are shocking.
They put their pocketbook ahead of the community
Time doesn’t heal all wounds, said Guelph-area dairy farmer Tim Martin. “There are people here that have absolute hatred for others. I have never seen anything so divisive in our community, ever, in my entire life. You try to say forgive and forget, but a lot of people say ‘We forgive them but we remember.’ They put their pocketbook ahead of our health and above the community’s well-being, and people don’t forget that.”
…
… But not everyone blames wind turbines. Some lay the blame on anti-wind protestors for stoking fears and fueling the fighting. Farmers with turbines have signed confidentiality agreements and won’t speak to news media. However, North Gower farmer Ed Schouten signed up for turbines on his dairy farm years ago but the project never went ahead. Although he is a strong supporter, Schouten said he would have to think long and hard about signing up again if the opportunity arose.
“You’ve got to be careful today because people are jealous and they’ll get back at you,” he said. “We have a lot to lose here. They can easily sabotage something on you. There’s all kinds of crazy people out there today.”*
Schouten credited anti-wind groups for doing a good job of fear-mongering and, while they are a minority, get people riled up.
The anti-wind protestors “say [turbines] tear up the communities. They’re the people that tore up the communities, not the turbines. They say [wind turbines] pit neighbor against neighbor and all this stuff because they want another reason to get rid of them.”
To see the full article, go the FarmersForum.com next week or call 613-247-1334 to purchase a copy.
*Ottawa Wind Concerns Editor note: during the time of community action to oppose the proposed North Gower-Richmond wind power project, there was NEVER any threats of violence or civil disobedience. As to the comments about the opposition being a “minority,” readers will recall that a petition to the City of Ottawa requesting that North Gower be Not A Willing Host to the wind power project garnered signatures from 1,400 residents— almost every taxpayer in Ward 21. The petition was accepted and a motion of support passed unanimously at Ottawa City Council.
Ontario municipalities demanding no new wind power contracts now 24
Huron-Kinloss and West Lincoln have joined 22 other Ontario municipalities supporting the Wainfleet Resolution; the total is now 24.
The resolution refers to the Auditor General’s 2015 report in which Bonnie Lysyk detailed the amount of money Ontario citizens have paid for renewable power in a program that never had cost-benefit analysis. Ontarians paid twice as much for wind power as they should have, she said, with the result that Ontario consumers have seen their electricity bills skyrocket. Worse, she said, is the fact that Ontario is in a situation of surplus power generation, which means regular losses as power generators are paid to “constrain” production, and surplus power is sold off at bargain-basement process on the electricity market.
The Wainfleet Resolution asks that the province not give out any new wind power contracts; the IESO accepted bids for more than 2,000 megawatts of new wind power generation last year, and planned to let contracts for 300 megawatts of new projects, despite the surplus.
While Ontario has over 400 municipalities, only about 100 are rural/small-town communities vulnerable to wind power development. Wind power projects have also been proposed in Northern Ontario where there are no organized municipalities but “unorganized territories.”
Wind farm will cause serious irreversible harm to wildlife, Tribunal finds
South Shore of Prince Edward County: [Photo Court Noxon, courtesy Point To Point Foundation]
The decision on the appeal of the White Pines wind power project in Prince Edward County was released yesterday: the Environmental Review Tribunal found for the appellant and the environment (in part), in that serious and irreversible harm would result to the endangered Blandings turtle and the little brown bat. The Tribunal also noted risk to migratory birds.This is a victory for a very hard-fought battle as members of this community fought to save the environment from Ontario’s own Ministry of the Environment.
Statement from Orville Walsh, president of the Alliance to Protect Prince Edward County:
We are pleased to announce that APPEC’s appeal of wpd’s White Pines Wind Project has been upheld in part. The Tribunal has found that the White Pines project will cause serious and irreversible harm to Little Brown Bats and to the Blanding’s turtle.
The Tribunal did not find serious and irreversible harm to human health, to hydrology or to migratory birds. However in regards to the latter the Tribunal did note that this wind project presents a significant risk of serious harm to migrating birds and that the project site was poorly chosen from a migratory bird perspective.
We are cautiously elated! The Tribunal acknowledges that engaging in this wind project in accordance with the REA (Renewable Energy Approval) will cause serious and irreversible harm to animal life. Therefore wpd no longer has an REA to stand behind.
The ERT has ordered a hearing of submissions with respect to potential remedies.
The board will be studying the decision over the weekend and following consultation with our legal counsel Eric Gillespie, will have more information to give you next week.
Orville Walsh
President, APPEC
Please go to the Save the South Shorewebsite for information on how to donate toward the legal costs of this fight for the environment. The work done by the community groups in Prince Edward County, Eric K. Gillespie’s legal team, and the witness statements benefit everyone in Ontario.
EDITOR’S NOTE: Eric Gillespie is also legal counsel for Ottawa Wind Concerns.
Simcoe and Clearview Counties have announced they are joining forces with the Town of Collingwood to fight a proposed (and approved) wind “farm” that will be near the Collingwood airport.
Collingwood already had a consulting firm examine the economic impacts of the wind power project, which concluded the power development would “serve a narrow range of private interests,” not the public. Now, the counties and Town are concerned about the danger to pilots and passengers from the proximity of the turbines to the local airport.
Higher electricity bills, manufacturing being driven away, social costs of huge wind power plants
Shoreline Beacon, February 8, 2016
By Jim Merriam
Photo Toronto Sun
It’s to be hoped the Fraser Institute didn’t spend much money on its recent study of the fiscal performance of Canada’s premiers.
Every resident of Ontario able to sit up and take nourishment — probably including Wiarton Willie last week — has known the study’s conclusion for a long time: Premier Kathleen Wynne is doing a lousy job of managing Ontario’s economy.
Wynne, with the help of her predecessor Dalton McGuinty, has reduced Ontario from a powerhouse to an empty house.
On almost every file Wynne’s government is found wanting if not severely under water, to borrow a phrase from the mortgage industry.
The worst is energy. The cost of power in the province has forced industries to close and some families to choose between heat and groceries.
A columnist in a Toronto newspaper recently suggested the heat-vs.-food statement is an exaggeration. He should spend a few minutes listening to clients at food banks in rural areas. But I digress.
Much of the high cost of power is associated with renewable energy production.
A new study from the University of Ottawa confirms what we’ve been saying all along: Ontario brought in wind energy with a “top-down” style that brushed off the worries of communities where the massive turbines now stand.
Stewart Fast, who headed the study, said, “It was a gold rush, basically.” Since those involved kept details secret to avoid giving their competitors an edge, residents didn’t know what their neighbours were planning.
“That is really the worst way to go about something that you know is going to have a big impact on landscape and people,” he said.
In defence of renewable energy, we keep hearing from our urban cousins how much money farmers are earning by allowing turbines on their land. Although true on the surface, there’s much more to that equation, said Jane Wilson, president of Wind Concerns Ontario.
Just one question is the impact of the presence of a turbine on the farm owner’s financing.