Monthly Archives: October 2014

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Government contracts can be changed or cancelled through legislation

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Media Contacts:Bruce Pardy

Release Date:October 22, 2014

10625141_10152424880641463_8263706323511626936_nTORONTO—Provincial governments have the power to change or cancel legally binding agreements, notes a new essay released today by the Fraser Institute, an independent, non-partisan Canadian public policy think-tank.

“Government contracts are not the ironclad agreements they appear to be because governments may change or cancel them by enacting legislation,” says Bruce Pardy, Professor of Law at Queen’s University and author of Cancelling Contracts: The Power of Governments to Unilaterally Alter Agreements.

Pardy’s conclusion is particularly relevant for Ontario where the province has locked itself into a number of long-term contracts with wind and solar power companies, resulting in escalating electricity prices.

A Fraser Institute study to be released Thursday, Oct. 23 spotlights Ontario’s skyrocketing electricity prices and the extent to which provincial government contracts with renewable energy producers are responsible for the increases.

But if the Ontario government cancels electricity contracts, wouldn’t it be required to pay compensation?

Not if the Ontario legislature passes a statute explicitly denying the right to compensation, which would nullify the robust compensation clauses contained in Feed-In-Tariff contracts. (Only foreign firms could then seek compensation under NAFTA or other foreign investment protection regimes.)

“No negotiations between governments and companies can eliminate the risk of future legislated changes, so when the state controls the market, as the Ontario government does with electricity production, the only real options are to accept the risk or pursue a different venture altogether,” Pardy said.

“If democratically elected governments are to establish their own policies, they require the ability to make unilateral changes to agreements made by previous governments. If they cannot legitimately do so, then their predecessors can control policy decisions beyond their democratic mandates.”

Health, Health effects from wind turbines

Action Alert October 2014 – Human Health Hazard Letter

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This is a notice to any official in Ontario or at the federal level charged with  protecting your health that as of October 14, 2014 wind turbines are now deemed a hazard to health.

We suggest you send the announcement below to:

Prime Minister Harperpm@pm.gc.ca

Minister of Health Rona Ambrose Minister_Ministre@hc-sc.gc.ca  

Dr David Michaud, Health Canada david.michaud@hc-sc.gc.ca 

Premier Kathleen Wynne 

 kwynne.mpp.co@liberal.ola.org,  kwynne.mpp@liberal.ola.org   

Ontario Minister of Health Eric Hoskins,  ehoskins.mpp.co@liberal.ola.org  eric@erichoskins.ca  

Dr Ray Copes, Chief Environmental and Occupational Health Ray.Copes@oahpp.ca   

Acting Chief Medical Officer of Health Dr. Robin Williams CMOH@ontario.ca  

Also send to your MP; MPP; and your local Medical Officer of Health.

You could also include your local municipal officials. And your proponent! 

For Immediate Release

USA  Wind farm declared a human health hazard.

Wisconsin’s Brown County Board of Health approves motion:

Brown County, Wisconsin// On October 14, 2014 Dr. Jay Tibbetts, member of the Brown County Board of Health states that the Brown Co. Board of Health’s meeting of 10-14-14 unanimously approved a motion to declare the Shirley Wind turbines to be a human health hazard.

“To declare the Industrial Wind Turbines at Shirley Wind Project in the Town of Glenmore, Brown County, WI. A Human Health Hazard for all people (residents, workers, visitors, and sensitive passersby) who are exposed to Infrasound/Low Frequency Noise and other emissions potentially harmful to human health.

This news is being welcomed globally by those who have been reporting adverse health impacts to health authorities for many years because their health and lives have been seriously impacted by turbines. Many residents from Ontario and from other parts of the country have advised all levels of government, local Boards of Health or a Medical Officer of Health about their debilitating health effects from a wind project and requested assistance.

The Ontario Health Protection and Promotion Act defines a health hazard:

“health hazard” means,

(a) a condition of a premises,

(b) a substance, thing, plant or animal other than man, or

(c) a solid, liquid, gas or combination of any of them,

that has or that is likely to have an adverse effect on the health of any person; (“risque pour la santé”)

The Act also states:

Complaint re health hazard related to occupational or environmental health

11. (1) Where a complaint is made to a board of health or a medical officer of health that a health hazard related to occupational or environmental health exists in the health unit served by the board of health or the medical officer of health, the medical officer of health shall notify the ministry of the Government of Ontario that has primary responsibility in the matter and, in consultation with the ministry, the medical officer of health shall investigate the complaint to determine whether the health hazard exists or does not exist. R.S.O. 1990, c. H.7, s. 11 (1).

Provision of information to M.O.H.

(2) The Ministry of the Environment, the Ministry of Health and Long-Term Care, the Ministry of Labour or a municipality shall provide to a medical officer of health such information in respect of any matter related to occupational or environmental health as is requested by the medical officer of health, is in the possession of the ministry or municipality and the ministry or municipality is not prohibited by law from disclosing. R.S.O. 1990, c. H.7, s. 12 (2); 2006, c. 19, Sched. L, s. 11 (3).

Order by M.O.H. or public health inspector re health hazard

13. (1) A medical officer of health or a public health inspector, in the circumstances mentioned in subsection (2), by a written order may require a person to take or to refrain from taking any action that is specified in the order in respect of a health hazard. R.S.O. 1990, c. H.7, s. 13 (1).

Condition precedent to order

(2) A medical officer of health or a public health inspector may make an order under this section where he or she is of the opinion, upon reasonable and probable grounds,

(a) that a health hazard exists in the health unit served by him or her; and

b) that the requirements specified in the order are necessary in order to decrease the effect of or to eliminate the health hazard. R.S.O. 1990, c. H.7, s. 13 (2).

It is urgent that the Province of Ontario start acting immediately in response to the continuing health complaints from Ontario citizens. These Ontario citizens can no longer by trivialized and excluded based on any government policy priorities as has been the case with industrial wind facilities. The Ontario Health Protection Act must be enforced to protect everyone.

Wind turbine impacts are not confined to within Wisconsin borders but their board of health acknowledges the impacts. Based on the history of complaints in Ontario, our Medical Officer of Health and Minister of Health must do that same.

fighting big wind., Health, Health effects from wind turbines, Noise, Ontario Wind, Shadow Flicker

Plymptom Wyoming, Ontario, Mayor, Council, Issue Groundbreaking New Wind Turbine Noise By Law

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turbine noise Canada Free Press,  By Guest Column Sherri Lange  October 18, 2014

Mayor Lonny Napper of Plympton Wyoming, Ontario, with his Chief Administrative Officer, Kyle Pratt, led his council to a “game changer” bylaw last week.  The wind turbine noise bylaw crafted by council and vetted with Toronto lawyer, Eric Gillespie, references Infrasound and Low Frequency Noise (ILFN) and pulsing barometric pressure changes that are now recognized to damage health around the world.

The bylaw references charging fees to developers if ILFN causes residents problems.  Common effects are from chronic unrelenting noise, sleep disorders, hormone level disruption, increased risk of disease, diabetes, hypertension, depression, heart arrhythmias, and possibly even cancer. (Carmen Krogh and Dr Robert McMurtry, both of Ontario,  recently published a case definition that accepts inner ear disruption, sleep disorders, hypertension, mood disorders, nausea, tinnitus, as part of the presenting complaints combined with proximity to wind turbines.)

In  Plympton Wyoming, complaints will lead to investigations and hefty fines. This is the first bylaw directly referencing ILFN and demanding fines of between $500 to $10,000 per day, and which may be, the bylaw states, in excess of $100,000.
While over 80 Ontario municipalities have called for a moratorium, declared themselves unwilling hosts, and have called for the resignation of the Medical Officer of Health, Dr. Arlene King, as well as variously creating new bylaws for longer setbacks and decommissioning costs, the Green Energy and Green Economy Act 2009 (GEA), subjugates most Ontario law under its wings, leaving communities scrambling to find ways to protect themselves.  Mayor Napper and his council have likely found the idea remedy: one that is not subsumed into the GEA.  Health issues cannot be found to be contrary to the GEA or “frustrate” the efforts of the laws to perpetuate wind turbine factories, or so-called “renewable energy platforms.”

“When I took an oath to protect my community, I took it very seriously,” continues Mayor Napper.  “The information about what other communities are suffering, disruption, noise, degradation of precious landscapes, seriously divided communities, and to see that this possible devastation is in my full view, for my residents, something has to give.”

Thank you Mayor Napper and Plymptom Wyoming council. Read the rest of the article here.

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mayor and council say the approval was done to protect the township’s interests.

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When Casting your votes for Mayor and Councillors please choose ones you think are knowledgeable about the Green Energy Act.  People who are knowledgeable about Industrial Wind Turbines and the negative effects they are having on Rural Communities across the Province.

 We need a Mayor and Councillors who will continue to be a strong elected voice that represents the  residents of West Lincoln on the issue of Industrial Wind Turbines.   West Lincoln needs to continue to be part of the collective voices of 85 other “Not Willing Host” Communities across Ontario already. 

Please choose wisely….

Township negotiates turbine road use agreement

NRWC to pay township $5k per kilometre of transmission lines

Grimsby Lincoln News

unnamed (1)West Lincoln council has approved a road use agreement which will govern how Niagara Region Wind Corporation uses township roads to install the 44 of its 77 turbines in the township.

After months of negotiations behind closed doors, council approved the agreement Sept. 22 which not only governs road use during construction but over the 20-year lifespan of the project.

“Township council and staff spent many hours negotiating what we believe is the best possible agreement for West Lincoln residents, given that the Provincial Green Energy Act has removed planning authority for renewable energy projects from municipalities and the Electricity Act requires us to permit Utility Companies to have access to our road allowances for the construction, use and decommissioning of electricity infrastructure,” said Mayor Douglas Joyner.

Part of the agreement calls for the distribution lines to be buried and the transmission lines to be above ground. To cover maintenance costs, NRWC will also pay the municipality $5,000 per kilometre per year for the transmission lines.

NRWC is also required to provide the township with financial security in the amount of $1 million, which will be held during construction for security purposes and $5 million insurance.

Although the township has approved the road use agreement it remains staunch in its position as an unwilling host to industrial wind turbines. The mayor and council say the approval was done to protect the township’s interests.

The road use agreement can be viewed online at www.westlincoln.ca.

Health effects from wind turbines

Health Board Says the Shirley Wind Project is a Health Hazard

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By Eric Crest. CREATED Oct 17, 2014

27788650.sfGLENMORE, WIS- This week the Brown County Health Board went on record declaring that wind turbines “are a human health hazard.”

Folks living in the Glenmore area near the Shirley Wind Project have been saying this for years though, and now they have the health department on their side. By state statute wind turbines can be within 1250 feet of a home. The Brown County Board of Health says that’s too close for comfort. But Duke Energy, the company that owns the Shirley Wind farm disagrees.

Glenmore farmers won’t touch this topic with a ten foot pole. But Audrey Murphy the Chairman of the Brown County Board of Health says it’s her duty. “We didn’t take this lightly this was a serious thing and we all struggled with it,” says Murphy.

Potential lawsuits and good neighbor agreements signed with Duke Energy is keeping most people silent around the wind farm. So Brown County is doing the talking for them. “It’s not so much that we’re trying to get information out there we’re trying to help those citizens because they’re impacted by wind turbines,” says Murphy.

After several local and national studies the health board made one of the first decisions of its kind in the country. They have declared that the Shirley Wind Project is a human health hazard. “Ear pain, ear pressure, headaches, nausea, many are suffering from sleep deprivation,” adds Murphy. Today Duke Energy released this statement saying: “A third party scientific test has already determined… That they could not document any link between turbine noise and adverse health impacts.”

The Brown County Health Board alleges however that these turbines are emitting acoustical energy too close to homes. They are waiting for the next step when the Director of the Health Department makes an appointment with the corporate council to decide how to proceed from here.

NBC News

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Diagnosing Patients Experiencing Adverse Health Effects from Industrial Wind Turbines

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stopthesethings's avatarSTOP THESE THINGS

robert-mcmurtry Dr Robert J McMurtry

Robert Y. McMurtry is the former Dean of Medicine for the University of Western Ontario. He was a member of the Health Council of Canada for 3½ years and a member and special advisor to the Royal Commission on the future of  health care in Canada. Dr. McMurtry was a visiting Cameron Chair to Health Canada for providing policy advice to the Minister and Deputy Minister of Health and the Founding and Associate Deputy Minister of Population & Public Health, Canada. Presently Dr. McMurtry is Professor (Emeritus) of Surgery, University of Western Ontario.

In October 2010 a multidisciplinary group of approximately 100 professionals -including medical doctors, acousticians, psychologists, physicists, pharmacists and occupational therapists – got together at a symposium, shared their knowledge and realised that they all needed to get very serious about the emerging global issue of adverse health effects (AHEs) experienced by people living next to industrial wind…

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Parker Gallant Uncovers the Hidden Costs of Ontario’s Insane Wind Power Policy

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stopthesethings's avatarSTOP THESE THINGS

turbines ontario Scene from the remake of “The War of the Worlds”.

Ever tried to imagine hell on earth?

Ever imagined a nightmare turned to reality?

Then you’ve probably landed in Ontario.

Ontario is the place where the most bizarre energy policy in the world has seen thousands of giant fans speared into the backyards of homes – in the most agriculturally productive part of Canada. When we say “bizarre” we mean completely bonkers.

Canada has one of the “cleanest” power generation mixes on the planet, with the vast bulk of its electricity coming from zero emissions sources such as nuclear and hydro.

Ontario energy mix 2013

As Professor Ross McKitrick explains in this post, Ontario has built a policy that sees wind power (when the wind is blowing) “displace” emissions free hydro at enormous cost to power consumers and taxpayers.

And then there’s the colossal human impact of plonking thousands of turbines as close…

View original post 2,361 more words

Animals and turbines, Canada Wind, Charter of Rights and Freedoms, Corruption, Direct Effects, Environment, fighting big wind., Health effects from wind turbines, Ontario Wind, Protecting our children, The problem with Wind Turbines, Turbines run on Subsidies, Uncategorized

Big Wind – Proposal for a one hour television documentary

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DOCUMENTARY
BIG WIND  By Rico Michel

http://www.dliproductions.ca/films/big-wind/
Margaret Welcome to the wacky world of green power, where misguided governments have sparked a massive corporate feeding frenzy (at taxpayers’ expense) to achieve little or nothing of any social benefit. — Margaret Wente, Globe & Mail

unnamed (2)It has taken decades for us all to understand the pressing urgency of protecting the Earth’s environment by finding alternatives to fossil fuels. At last, the development of a green energy industry is presenting the opportunity to heal the environment… along with the opportunity to exploit it further. For politicians, going green provides a convincing election platform. For business, it offers the chance to make hundreds of billions of dollars. Green energy is the future and those who get in there first will benefit greatly. But not only honest players are championing this new industry. And nowhere is this more evident than in the massive development of industrial wind power.

Big Wind is a surprising and compelling documentary about the unprecedented rush to develop industrial wind turbines and how this is transforming the landscape in Canada and the world. The film investigates why governments are spending billions on wind power without first conducting health and environmental studies, why corporations are grabbing up precious farmland to put up hundreds of thousands of enormous industrial wind turbines, why people living near the turbines are falling ill, losing their animals and their farms, and whether these new “green” wind turbines are actually helping our environmental aims.

The rush to go green is pitting corporations against residents, government against citizens, neighbour against neighbour. Through the process the people are being stripped of their due democratic process.

Big Wind is a story of unethical political systems, corporate greed, and ordinary citizens who have had enough and are standing up to big government and big business. They are part of a growing revolution in rural communities in Southern Ontario and around the globe– people fighting to defend their homes, their way of life and the environment against Big Wind. It is a battle that will profoundly impact the green movement, as well as the well being of citizens in Canada and citizens worldwide for years to come.

Preview Link Here

Charter of Rights and Freedoms, ERT Appeal

MAWT Inc.’s Promise to You….But we need your Financial Support First!

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FOLLOW LINK TO LEARN WHERE TO SEND IN DONATIONS – Where to Send Donations.

Niagara Region Wind Corporation has proposed construction of 77 3 mw IWT’s, from just south of Smithville, all the way to Lake Erie.

This project includes part of Haldimand County, Wainfleet & West Lincoln.   This project has 3500 Receptors.   A receptor is located        2 kms from the centre of a building to the base of a turbine. (this number is not the number of people living in within 2 kms of the turbines)  44 of the turbines and the transmission lines are scheduled for installation in West Lincoln,  3 in Wainfleet and 30 in Haldimand.

Growing evidence indicated that 20% of the residents living in homes within the 2 km impact zone of IWTs will suffer moderate to severe negative health impacts, for which some may have to abandon their homes.  (This has already occurred in other areas across Ontario.)   Everyone will suffer from loss of property value, as is already evidenced by the inability of residents to sell their property simply because of the possibility of turbines being placed in their neighbourhood.

We need to preserve the spirit and values of our community from typical social disintegration and injustices as witnessed in communities worldwide where IWTs have been pitting neighbours against neighbours, and family against family.  Our Health, Safety, Property Values, & Environment are priceless and worth fighting for.  for this reason MAWT Inc. seeks funding from our community.

MAWT Inc. promises to do everything in our power to protest this project and to protect our community from the installation and the negative effects of the installation of IWTs.

 Funds are needed for:

CaptureA. Retention of legal counsel for the Appeal of the NRWC project

B. to prepare and submit an injunction against IWT approvals and/or construction

C. to cover legal costs to assemble expert witness and evidence for Appeal hearings.

Just the preparation and gathering of documents and the subsequent costs of preparing the copies and mailing the hundreds of pages of documentation can add thousands of dollars of unanticipated expenses to an appeal.  There are many unknowns, such how many times we will need to appeal, or if the wind proponent will appeal a MOE decision made in our favour.

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We there fore ask for your support by donating to  Mothers Against Wind Turbines Inc to assist with the legal challenges on behalf of residents who are opposed to NRWCs wind project.  If funds collected are in excess of the need to support legal proceedings and related costs, funds will be returned to donors based on % donor contributions.

follow link for a print off of Where to Send Donations.  Feel Free to make copies and hand out to your Family and Friends.  We Must fight as a Community!!

Thank YOU!