Nicole Petersen

The Environmental Review Tribunal held a telephone conference call to determine procedural issues regarding the form and scheduling of the remedy phase of the hearing for the Fairview Wind Project.

The Tribunal ordered that the remedy phase be conducted in-person in Collingwood, Ontario, and set a schedule for the filing of witness statements and supporting documents.

The Appellants appealed the Director's decision to issue a Renewable Energy Approval for an eight-turbine wind facility.

The Appellants argued the project would cause serious harm to human health due to aviation risks at two nearby aerodromes, and serious and irreversible harm to endangered bat species.

The Tribunal found that the proximity of the turbines to the aerodromes created an inadequate margin for error, posing a serious risk to human health.

The Tribunal also found that the project would cause serious and irreversible harm to the local population of the endangered little brown myotis bat.

The appeals were allowed in part and the hearing was adjourned to determine the appropriate remedy.

The Tribunal, on its own initiative, adjourned the hearing of appeals regarding a Renewable Energy Approval for the Fairview Wind Project.

The statutory six-month deadline for the Tribunal to dispose of the hearing was approaching.

Because the parties requested a lengthy period for filing final written submissions, the Tribunal determined that a 64-day adjournment was necessary to ensure sufficient time to deliberate and issue a written decision on the merits.

At a preliminary hearing regarding appeals of a Renewable Energy Approval for a wind turbine project, the Environmental Review Tribunal considered requests for participant and presenter status.

The Tribunal granted participant status to the Canadian Owners and Pilots Association and presenter status to several individuals and organizations, finding they had genuine interests in the proceeding.

The Tribunal also issued procedural directions for the main hearing.