Medical Officer of Health does not have the authority to stop noxious wind turbines
Just in case we thought the wind turbines would be ordered to be mitigated or shut down if health problems were noticed in the Huron County Health study – nope that’s not gonna happen. Read the correspondence below and you will realize that it is all just ‘process’, with no action to ‘correct’ on the horizon. Basically more people are just being used as test subjects. That’s it. And that’s flat out unacceptable.
Thanks to Richard Mann, Associate Professor Department of Computer Science; University of Waterloo for this.
From: Erica Clark
Sent: Friday, May 12, 2017 3:44 PM
Subject: Ability of MOH to write orders against wind turbines under section 13 of HPPA
One of the issues the University of Waterloo ethics committee asked us to address was the hope residents had that, at some time, the Medical Officer of Health would be able to write an order curtailing or shutting down the wind turbines. We had already stated in the recruitment materials that the study would not generate sufficient evidence to prove wind turbines cause health problems (establishing causality) but the ethics committee questioned whether we were providing enough information on the limits of the Medical Officer of Health’s authority. To address that concern, we have spoken with individuals experienced in interpreting the Health Protection and Promotion Act (HPPA) specifically, sections 11 (investigating health hazards) and 13 (writing orders). They provided us with the attached documents that outline the limits on the MOH’s authority to write orders.
The first document (Pelletier v Northwestern Health Unit) is the proceedings from an Ontario Health Services Appeal and Review Board and the second (Court File 2006-01-04) is a judicial review of the appeal hearing by the Ontario Superior Court of Justice. Essentially, these documents state that when the Legislature places the authority to regulate with one organization, such as municipal councils or the Ministry of the Environment, the courts do not accept that there was an intention to give the same authority to the MOH under section 13 of the HPPA. The rulings were made when the Northwestern Health Unit MOH wrote orders prohibiting exposure to environmental tobacco smoke (second hand smoke) in several bars and restaurants. At the time the orders were written, exposure to environmental tobacco smoke was (and still is) deemed a health hazard.
Since the Legislature assigned the duty to regulate wind turbines to the Ministry of the Environment and not the health units, the courts will not recognize the authority of the MOH under section 13 of the HPPA to write an order curtailing or shutting down the wind turbines.
I will be putting these documents on the health unit website soon, however, I wanted you to have a chance to read them first. The documents are publicly available at
- And www.ontariocourts.ca/search-canlii/scj/dv-en.htm .
Erica Clark, PhD
Epidemiologist, APHEO Secretary
Huron County Health Unit
77722B London Rd., RR #5
Clinton, ON N0M 1L0
519.482.3416 ext. 2022
Reposted from: Ontario Wind Resistance
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