Category Archives: ERT Appeal

Wind turbine appeal to be heard in “Wellandport” (not Smithville)

Please donate to the Legal Fund, we can fight only as far as the money takes us.

Wind turbine appeal to be heard in Smithville   Wellandport

1331173896981_ORIGINALAs they said they would, an advocacy group has appealed the decision to allow a 77-turbine wind farm to be built in west Niagara, but they have no disillusions of their chances of winning.

A preliminary hearing for a tribunal that could overturn the wind farm approval has now been scheduled for Dec. 19 at the Wellandport Community Centre.

That building, on Canborough Rd. in Smithville, has become a key site in the wind turbine debate, with numerous public meetings held there as progress on the massive development has slowly moved forward.

Niagara Region Wind Corp. was given the green light to move forward with its industrial wind turbine project in early November when the Ministry of the Environment issued its Renewable Energy Approval.

The project calls for 77 three-megawatt turbines to be built in West Lincoln, Lincoln and Wainfleet. The total development has a capacity of 230 MW, enough to power 70,000 homes and make it the fifth-largest wind farm in North America. Continue reading Wind turbine appeal to be heard in “Wellandport” (not Smithville)

Green energy vs. the protection of endangered species.

Appellants from Port Ryerse opposing the Boralex project

Because of the barn owls the MOE has asked for an additional adjournment of 5 months until March 31st 2015. 

However, Boralex has requested an” Overall benefit permit”  for the Owl predicament.

  • This means they have requested to be able to disturb the owls nesting habitat 
  • They can also get a permit if killing the birds will improve the economy of Ontario.

THIS will be THE FIRST ever benefit permit in Ontario given ( or not) for barn owls . Please read :

Dear Ms. Pietrzyk and counsel

In preparation for tomorrow’s teleconference, MOECC has been in communication with MNRF and proponent’s counsel regarding the ongoing process under the Endangered Species Act.

We understand from MNRF that staff at MNRF have reviewed the information submitted by the proponent on the recent confirmed siting of a Barn Owl. MNRF Aylmer District staff have advised the proponent that:

  1. Based on the information provided, MNRF can confirm that the proponent will require an overall benefit permit under section 10 (habitat) and section 9 (harm or harass a species) under the Endangered Species Act; and
  2. The proponent will now be required to move forward on submitting an Avoidance Alternatives Form and an application for the Overall Benefit Permit.

MNRF has also informed MOECC that this will be the first Barn Owl Overall Benefit permit developed in the Province and there are a number of unknowns right now that will take some work and some time to bring to conclusion – including some identification work through the Royal Ontario Museum.

In light of MNRF’s position on the ESA permit, the Director requests a further 5 month adjournment, with the caveat that:

(a) the Director agrees to immediately inform the Tribunal and other parties if the permit is issued prior to the end of the five month period; and
(b) a teleconference is arranged 4 ½ months into the adjournment to provide the Tribunal and other parties with an update (should the permit still not be issued at that point).
Please read the benefit permit requirements at:  http://www.ontario.ca/environment-and-energy/endangered-species-act-overall-benefit-permits

Because the owl is also protected at the Federal level a letters should go to the ministers at both Federal and Provincial levels.   This is a significant permit being developed, please write your own letters to:

The Honourable Leona Aglukkaq
Minister of the Environment

Minister@ec.gc.ca 

Points would be:

  • the first sighting in 5 years.
  • benefit will not be to the owls nor to Ontario
  • this a federally protected species so therefore the Federal Minister needs to get involved.
  • describe the small land area and how the owls feel safe here.
  • any construction activity will  destroy not only where they are nesting but also the roadside ditches where they are finding their food.
  • how it is in close proximity to a conservation area which gives protection.
  • the proponents own staff and the Provincial MNRF concurred eagles would not nest here and two months later we had eagles nesting.
  • they didn’t get that right- how can we trust them to get this very significant permit – the first one ever to be asked for 
  • ask that the Federal minister over see this permit development.

Please come out to this presentation:

 

CaptureA Special Presentation
AT RISK IN PT. RYERSE!

Learn how to identify species-at-risk
and how you can help protect them.

 

 

Speakers:
James Cowan, Canadian Raptor Conservancy and
Bernie Solymár, EarthTramper Consulting Inc.

Pt. Ryerse Memorial Church
Thursday, November 6th
at 7 P.M.
Meet a live Barn Owl and Bald Eagle!

A small donation will help defray the cost of the room rental.

Printable PDF: A Special Presentation AT RISK IN PT. RYERSE! FLYER

Turbine opponents prepare for next fight

Mothers Against Wind Turbines looks to raise $100,000

Bryan Jongblood looks at a map to determine his receptor number. Mothers Against Wind Turbines held an information meeting last week as it prepares to launch a legal battle against the Niagara Region Wind Corp. project that is before the province.
Bryan Jongblood looks at a map to determine his receptor number. Mothers Against Wind Turbines held an information meeting last week as it prepares to launch a legal battle against the Niagara Region Wind Corp. project that is before the province.

Approval of a 77-turbine project from the province could come any day and a group of residents opposed to its existence is doing anything but silently waiting.

 

 

Mothers Against Wind Turbines Inc (MAWT) is bracing for a fight, much like their comrades in the West Lincoln Glanbrook Wind Action Group have been. While the latter group is awaiting a decision from the Environmental Review Tribunal (ERT) the newer group is gathering information and raising funds to mount its own fight against a much larger project.

Niagara Region Wind Corporation (NRWC) submitted its renewable energy approval application 10 months ago and residents have been preparing for its approval ever since. Should it be approved, 77 turbines will rise on the rural landscape of West Lincoln, Wainfleet and Haldimand. Forty-four of them are slated for the community of West Lincoln, with the majority in the Wellandport and St. Anns areas.

Last week MAWT (Inc)  invited members of the public to an information session at Covenant Christian School in Smithville where they provided an update on both the NRWC and IPC Energy projects and asked for support.

“A Charter challenge is going to cost hundreds of thousands of dollars,” said Deb Murphy, co-chair of WLGWAG and a new paralegal who represented Anne Fairfield at her ERT hearing last month. “The average person, the average group can’t even begin to think about that.”

The issue with taking wind proponents to court, said Murphy, is the process. While an environmental review tribunal can only rule on whether or not a project will impact health — human, animal or environmental — it is the first step in a lengthy process to fight the projects she said. This is the case with WLGWAG’s appeal which was launched by Fairfield after the project was approved and again when the province approved an amendment to the project after it was discovered that four of the five turbines were placed too close to neighbouring properties then regulations allow. The tribunal could not rule on the process, explained Murphy, only on whether or not the amended application would harm health.

“You can’t skip it. You have to go to the ERT and lose that then appeal,” said Murphy, noting it cost WLGWAG $4,000 in copying alone to prepare for the hearing. “It sucks. Thirty one of 32 ERTs lose.”

While the ERT was costly in paper, the next step, divisional court, will cost even more warned Murphy who noted paralegals can’t represent the group in the next stage meaning to have a fighting chance a lawyer is required. Murphy also warned that timelines will be tight as the group will have only 15 days from the time the project is approved to launch its appeal.

Luckily for both groups they have been granted intervenor status in a constitutional challenge launched by three groups fighting turbines in Goderich, St. Columbian and Kincardine. A total of 15 groups in Ontario similar to MAWT (Inc.) and WLGWAG are also included as intervenors on the case which will head to court in November.

It cost each group about $6,000 to participate, said Murphy, who expects wind proponents to challenge any victory granted to groups like MAWT (Inc).

“If we win, you know the wind companies will fight it,” she said. “It could take a long time.”

To raise funds for legal fees MAWT(Inc) is selling tree seedlings, T-shirts and lawn signs. The group also hosts garage sales and is always taking donations of gently used items. The group has a goal of raising $100,000 to cover legal costs each step of the way.

The group is also looking for volunteers to help with fundraising, research and writing and seeks the advice of experts in various fields from legal to technical.

“If we don’t have legal counsel it will be tough for us,” said Lois Johnson, MAWT (Inc) member. “The time to donate is now.

“MAWT(Inc.) will launch an ERT.  MAWT (Inc.)will launch a judicial review and MAWT (Inc.) has joined the constitutional challenge,” Johnson added.

The group is also asking that anyone living within 2.5 kilometres of the NRWC project area determine their receptor number — which is based on the distance between the turbine and home. Those numbers will help the group prepare evidence in relation to noise disturbance from the turbines should they be erected.

“If you’re on the list, we need to talk to you,” Johnson said.

For more information on the group or to donate visit mothersagainstturbines.com

or follow this link for more information on how to donate:  Mothers Against Wind Turbines Inc. Promise to YOU!

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

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.

************************************

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!

Fairfield VS. MOE

Here is the official notice of the ERT to be held on Monday, Sept. 8 at West Lincoln Council Chambers.

If at all  possible,  attend these hearings, to  show our support for the dedicated people in West Lincoln who are NOT allowing the MOE and IPC to just do as they please in our township.   Lets demonstrate that West Lincoln is a force to be reckoned with.

See you at the municipal building, Monday at 10am.

Capture

 

Further to my email dated Wednesday, August 20, 2014 5:11 p.m.,  I wrote to advise, the Parties, Presenters and Participants that the Hearing has been scheduled to commence September 8, 2014 at the Township of West Lincoln Council Chambers located at 318 Canborough St., in Smithville, Ontario. Furthermore, hearing and venue information is available on the Tribunal’s website, which is http://www.ert.gov.on.ca/english/hearings/index.htm.

The Tribunal will be issuing further notice of the venue that will be copied to all those who have advised the Tribunal of their interest in the matter and will speak this change as well.

Sincerely,

Eva Pietrzyk

Case Coordinator | Planner

“more fun and serious games” in the Niagara region

 Many Residents in West Lincoln Received the following letter.  The proponent (Rankin) is required to send notice to everyone they can find.

click on photo to enlarge
click on photo to enlarge

Read entire:  Cover Letter and Notice of Preliminary Hearing

contact information regarding hearing  

 

  • Jasmine Chung Land Use Planner
  • T 416-865-3067
  • F 416-863-1515
  • jchung@airdberiscom
  • Brookfield Place. 181 Bay Street Suite 1800 Toronto ON M5J 2T9
  • http://www.airdberis.com

 

“Unite The Fight” Dinner Another Success!

Lowbanks, Ontario
May 29 2014

DSCN2114

The Mothers Against Wind Turbines hosted another successful dinner and information night in a recent series called “Unite The Fight.” It was held in Haldimand County on the beautiful shores of Lake Erie, at the Lowbanks Community Hall. Great food was served buffet style and the desert table was sinfully tempting.  New faces and the meeting of old friends and supporters as the relentless invasion of wind turbines continues in Ontario.

The night was one of discussion about wind projects and governmental process grievances.  Updates were given on various legal strategies against the unwanted wind projects. A special focus was made about the Niagara Region Wind Corporations proposal to erect 77,  3 MW turbines in a sprawling foot print, that would cover three counties which would include West Lincoln, Wainfleet and Haldimand.  The project has submitted its reports to the Ministry of the Environment for technicalDSCN2112 review and though its reports have
multiple deficiencies, its approval remains a real threat.  Several members of the Mothers Against Wind Turbines working committees made presentations of activities and actions already undertaken and anticipated next steps. The Trees Not Turbines campaign was underway!

Ontario is currently facing Provincial elections and Municipal elections will take place later, in the fall of 2014.  Renewable energy, wind turbines and electricity rates are hot button topics and politicians are being demanded to articulate their party platforms and to work for the people. MAWT and dinner guests heard some words from Marnie Knight a well-known and longtime community activist in the fight against the wind projects. She is now a declared Mayoral candidate for Haldimand and is running in opposition
to the current Mayor, Ken Hewitt.    Notice of the dinner had been sent to multiple candidates and representatives of the local communities. Toby Barrett MPP of Haldimand Norfolk who is seeking re-election in the Provincial elections, stopped by for dinner and accepted hard questions from community members on wind power, including those from Wainfleet Alderman, Betty Konc who was also dining at the event.  Barrett was challenged to speak to a range of issues surrounding the Green Energy Act, FIT contracts
and renewable energy.

Tara Pitts owner of Burnaby Sky Dive a local business  gave a passionate speech and put a human face on the hurtful impacts, unjust planning process and questionable project placements.  She was very honest about how the ongoing legal battle will likely bankrupt her business.  The receDSCN2127ntly released decision was not favourable for the Pitts and surrounding residents. Industrial wind turbines are being located in proximity to their base of operations and are raising legitimate concerns of safety and the future operational parameters of Burnaby Sky Dive.  Wind turbines, aviation and sky divers, these words paint a picture of deadly risk and speak to a clear lack of any planning common sense. The next step in the tortuous legal path will be an appeal in Divisional Court.  She urged everyone present that this was everyone’s fight and to get angry over the injustices and not to be complacent.  A legal battle may have been lost but it isn’t over,  as she said “the fat lady is only humming but she isn’t singing yet.”

Wainfleet Ratepayers Association in partnership with Mothers Against Wind Turbines Inc launched the start of their Raffle with the monies raised to support the ongoing legal costs involving Burnaby Sky Dive opposition  to the wind turbines.   If you are interested in purchasing raffle tickets they will be available at MAWT events now until the draw in September.  Contact the Mothers Against Wind Turbines Inc.  at their website:
mothersagainsturbines.com

The Mothers Against Wind Turbines Inc have many other events in the works, and next up will a booth at Friday the 13th in Port Dover, and Poultry Fest at the end of June.

Thank you to all for your support!

DSCN2116

TONIGHT! Unite the Fight Dinner – May 29, 2014

TONIGHT – Information Night Dinner!

All are welcome:)

We will also be selling White Pine trees for the “Trees Not Turbines” campaign = $3.00 each or 4 for $10! 

Ontario is at a crossroads and unless we get our financial house in order!

The item below was written by one of our very informed and knowledgeable members.  She has given us permission to send it to you.
Ontario is at a crossroads and unless we get our financial house in order we will all be disadvantaged  in the future.  Fiscal responsibility demands that those in charge manage the budget.  Kathleen Wynne and finance minister Charles Sousa have predicted that the Ontario economy will under-perform the Canadian, American and global economies for the next two DECADES!

Consider the performance of the Ontario economy over the last nine years.  The province has been put on notice by Standard and Poor, our credit rating has been downgraded, and we are under a very serious credit watch.  The provincial deficit for this year is $12.5 billion, so this year alone we are spending $12.5 billion more than the provincial government collected from Personal Income Tax        , Sales Tax, Corporations Tax,  Ontario Health Premiums, Education Property Tax, All Other Taxes, Government of Canada transfer payments, Income from Government Business Enterprises and Other Non-Tax Revenue. Our Total Provincial Revenue for 2013 was $114.2 billion. Our provincial debt has more than doubled to $288 billion in the last nine years, and servicing this debt is costing us $11.4 billion this year. Interest payments on our debt are the third largest budget expenditure after health and education.

Over the past nine years more than 300,000 new provincial government employees have been added to the pay roll. Many of these government employees make more than $100,000 per year and are on the Sunshine List. Over 650 new agencies, boards, commissions and entities such as LHIN’s and CCAC’s have been created.

Ontario has a population of 13.5 million people of whom 7.4 million people are in the labour force.  Over one million people are on the provincial government pay roll, paid by the tax payers of this province. It is neither desirable nor healthy to have everyone working for the government. The government bureaucracy has ballooned out of proportion to the size of the population and it is time to CUT FROM THE TOP.  We do not want to remove classroom teachers, nurses, doctors and the people on the front lines, WE NEED THE BUREAUCRATIC FAT TRRIMMED.  We can no longer afford to hire people we do not need, to work in government offices when over half a million Ontarians are now out of work.

We are paying more provincial taxes initiated by the Liberals only to receive fewer services. We now pay HST, health premium (tax), WSIB tax increase, tire tax, electronics tax, eco fees, beer surtax, etc . Yet in health care – eye exams have been delisted, physiotherapy has been delisted, chiropractic care has been delisted, diabetic strips have been delisted. We have an increased wait time for cataract surgery  because Ontario has cut cataract-surgery funding. As the population ages and the supply remains stagnant the wait time for nursing home beds has tripled. So eventually, only the rich will be able to afford health care and nursing homes.

Our manufacturing base is being gutted due to high energy costs. Our energy costs are the highest in North America. We have created an energy surplus since 2006 due to decreased manufacturing and conservation, yet we continue to add renewable energy – wind and solar – to the grid. To maintain a stable grid we pay Quebec and some north-eastern States to take our surplus energy.   The closing of the Gas plants in Oakville and Mississauga will cost the tax payers of this province $1.1 billion. However, this will pale in comparison to the cost of the implementation of the Green Energy Act – a $20 billion price tag for FIT contracts to subsidize renewable energy projects for the next twenty years. Meanwhile, the hydro at Niagara Falls is underutilized and we pay to run a second energy system on “spinning standby” to provide base power when the wind does not blow. The renewable energy subsidies are essential to keep this industry going and this will be the biggest transfer of wealth from the middle class to the corporate elite in the history of Ontario.

Ontario is a have-not province for the first time in Canadian history. Without accountability, transparency, due diligence, and good governance we are being destroyed from within.  We are putting our future at risk and that of our children.   It is critical that we get our financial house in order.

Additional scandals and mishaps reported by Marilyn Taylor over the last 11 years:
ECONOMIC ISSUES
Increased spending by 80% while our economy grew by only 9%
Ranking the lowest of all provinces for fiscal performance
Borrowing more debt than any province except NB
Third highest user of food banks
Job growth across Canada except in Ontario
Prior loss of 60,000 jobs in the horse racing industry
Two ministries under an OPP criminal investigation – ORNGE and gas plant scandals

ENERGY ISSUES
Increased smart meter, electricity, hydro costs
Electricity rates to rise 42% over the next five years
Ontario Power Generation scandal
Task Force on Competitiveness, Productivity and Economic Progress confirmed that McGuinty’s Green Energy Act grossly underestimated the cost to consumers and overestimated the number of new jobs that would be created
Samsung scandal (sole-sourcing
Offshore Wind Turbines scandal
Trillium Wind Power and Sky Power Limited lawsuit (500 million)
Encouraging farmers to build small-scale solar projects but have no way to connect them to the power grid
Kowtowing to green energy lobbies
Ignoring evidence that wind turbines can cause poor health
Caledonia Hydro Line scandal (116 million)
Nanticoke Coal Power Plant Shutdown scandal

HEALTH ISSUES
Emergency room wait times not meeting provincial targets
eHealth scandal (almost 2 billion)
ORNGE scandal (700 million)
Cancer Care Ontario scandal (millions of dollars)
Chemotherapy Dosage scandal
Augusta/Westland lawsuit as it pertains to ORNGE
Ontario Medical Association lawsuits – applied to Superior Court alleging McGuinty not negotiating in “good faith”
Breast Screening scandal (ensuing lawsuits due to thousands of misread mammograms, one life lost)
Public sector employment in health care increased by 39%
Dramatic cuts in health care services in schools
Insufficient senior homecare services
Pharmacy war
Failure to disclose elevated radiation levels
Laid up in US hospital beds as no beds available in Ontario
Hiding hospital errors from the public
Almost 40 C. difficile deaths to date
Loss of 6,500 cancer patient health records
Workers at eHealth suing for not receiving bonuses
Ontarians pleading for their lives or dying because they aren’t getting the health care they need
Patients with certain brain tumor denied help to cover costs of drugs which are covered in Manitoba

ENVIRONMENTAL ISSUES
Eco-Fee Reversal scandal (18 million)
Niagara Falls Commission scandal
Voting to cover up the Niagara Parks Commission scandal
Cement company lawsuit (275 million) – Quarry outside Hamilton was scuttled for political reasons
Illegal green taxes

EDUCATIONAL ISSUES
Education minister signing off on documents that she doesn’t even read
Public sector employment in education increased by 34% while student population decreases
Failing grade on ADHD education
Foreign Scholarships scandal (our students pay the highest tuition in Canada while foreign students get free university educations)
School bus service lawsuit
Increased  tuition costs

NORTH ISSUES
Ring of Fire
Ontario Northland Railway scandal (820 million)
Failing grade in northern forestry management

TRANSPORTATION ISSUES
Auto Insurance scandal
Increased car insurance costs
Imposing blood alcohol rules that punish people who are not impaired
Presto

CHILDREN’S ISSUES
Failing grade of Family Responsibility Office
Children’s Aid Society scandal
Class-action lawsuit for autism funding cancellation

PROPERTY ISSUES
MPAC scandal (over and under-valuation of properties)
Highest rent increase rate in years

SECURITY ISSUES
G20 Secretly Approved Police Power scandal
Refusing public inquiry into G20 fiasco
Talked about a two-year freeze on wages for public sector while previously giving the OPP a 5% wage increase – the OPP received another raise of over 8% in January, 2014
McGuinty defunded the Centre for Forensic Sciences throwing a world-renowned police team who specialized in retrieving deleted computer files out of work two months before he resigned

GENERAL ISSUES
Millions spent to needlessly redesign our provincial logo
Lobbyist scandal (two multi-million dollar scandals)
Slush Fund scandal (32 million)
Elliot Lake Collapse lawsuits (two lives lost due to recovery delays)
Public sector employment in social services increased by 39%
Pan Am scandal (cost increase from 1.4 to 2.5 billion)
Payout for Pan Am CEO (250 million)
OLG scandal (millions of dollars)
Millions spent to remove the “C” from OLG when Ontario Lottery & Gaming Corporation was changed to Ontario Lottery & Gaming
Tax collectors getting 45,000.00 severance packages for switching job titles from provincial to federal
OES missed its collection and recycling targets by 59%
Not correcting the foreign ownership of our beer market
Acceptance of garbage striker extortion
Harassing labour inspectors
Abstained from vote to investigate CBC expenses
Cash kickback scheme involving government cleaning contracts that ended with the conviction of Liberal officials
Giving those who hire only newcomers a $10,000.00 tax credit
Legal rights of Ontarians disregarded relative to the Caledonia-Mohawk matter

More to come….
Like I said, Ontario is a have-not province for the first time in Canadian history. Without accountability, transparency, due diligence, and good governance we are being destroyed from within.  We are putting our future at risk and that of our children.   It is critical that we get our financial house in order.

A very concerned citizen

CM
The opinions expressed here are those of the author and do not necessarily represent Mothers Against Wind Turbines Inc. policy.

Unite the Fight Dinner – May 29, 2014

Come out to our Information Night Dinner! All are welcome:)

We will also be selling White Pine trees for the “Trees Not Turbines” campaign = $3.00 each or 4 for $10!