Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE:
June 18, 2015
CASE NO.:
15-028
PROCEEDING COMMENCED UNDER section 142.1(2) of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended
Appellant:
East Oxford Community Alliance Inc.
Approval Holder:
GHLP General Partner Inc. as general partner for and on behalf of Gunn’s Hill LP
Respondent:
Director, Ministry of the Environment and Climate Change
Subject of appeal:
Renewable Energy Approval for Gunn’s Hill Wind Farm
Reference No.:
6862-9RDJZX
Property Address/Description:
Middletown Line R.R. 4, Lot 12, Concession 5
Municipality:
Norwich Township
Upper Tier:
Oxford
ERT Case No.:
15-028
ERT Case Name:
East Oxford Community Alliance Inc. v. Ontario (Environment and Climate Change)
Heard:
May 25, 2015 in Norwich, Ontario
APPEARANCES:
Parties
Counsel/Representative+
East Oxford Community Alliance Inc.
Ian Flett
Director, Ministry of the Environment and Climate Change
Sarah Kromkamp
GHLP General Partner Inc.
Albert Engel
Presenter
Township of Norwich
Kyle Kruger+
ORDER DELIVERED BY JUSTIN DUNCAN AND DIRK VANDERBENT
REASONS
Background
1On April 9, 2015, Mohsen Keyvani, Director, Ministry of the Environment and Climate Change (“MOECC”) issued Renewable Energy Approval No. 6862-9RDJZX (the “REA”) to GHLP General Partner Inc., as general partner for and on behalf of Gunn’s Hill LP (the “Approval Holder”) under s. 47.5 of the Environmental Protection Act (“EPA”). The REA is for a renewable energy project known as the Gunn’s Hill Wind Farm, consisting of the construction, installation, operation, use and retiring of a Class 4 wind facility with a total nameplate capacity of 18 megawatts, located on Middletown Line R.R. 4, Lot 12, Concession 5 in Norwich Township, County of Oxford, Ontario (the “Project”).
2On April 24, 2015, East Oxford Community Alliance Inc. (the “Appellant”) appealed the REA to the Environmental Review Tribunal (the “Tribunal”). The Appellant appeals under s. 142.1(3) of the EPA on the grounds that “engaging in the Project in accordance with the REA will cause serious harm to human health” and also that “engaging in the Project in accordance with the REA will cause serious and irreversible harm to plant life, animal life or the natural environment”.
3A preliminary hearing was held on May 25, 2015. At that time, the Tribunal heard from the Township of Norwich which sought presenter status on the appeal. The Tribunal granted the Township’s request for presenter status. The Tribunal also gave procedural directions respecting the main hearing in this proceeding.
4The purpose of this Order is to provide confirmation of the Tribunal’s orders given at the preliminary hearing.
Discussion, Analysis and Findings
Request for Status
5Prior to the preliminary hearing, the Township of Norwich notified the Tribunal of its request for presenter status. No other persons requested party, presenter or participant status.
6At the preliminary hearing, the parties advised that they had no objection to the Township of Norwich being added as a presenter and the Tribunal granted the requested status pursuant to Rule 69 subject to the conditions set out in the Order below.
Procedural Directions
7The Tribunal has also ordered detailed directions respecting the main hearing as set out in the order below.
ORDER
8The Tribunal orders:
The Township of Norwich is granted presenter status, subject to the conditions that the presenter’s witness statement and supporting documents be filed by the same due date set for the Appellant and that the contents of the presenter’s witness statement must relate to issues within the Tribunal’s jurisdiction which have been raised by the Appellant in its appeal.
The following procedural directions:
i. The Appellant shall serve and file witness statements and supporting documents by June 3, 2015.
ii. The Township of Norwich shall serve and file its witness statement and supporting documents by June 3, 2015.
iii. The Director and the Approval Holder shall serve and file their witness statements and supporting documents by June 10, 2015.
iv. The Appellant shall serve and file reply witness statements and supporting documents, if any, by June 15, 2015.
v. Any preliminary motions will be heard in writing and must be filed by June 17, 2015.
vi. The hearing will commence at 10 a.m. on June 29 and continue on June 30, July 6-10 and 13-17 at:
Council Chambers, Township of Norwich
285767 Airport Road
Norwich, ON N0J 1P0
vii. Each party will be allowed up to 10 minutes for opening statements at the start of the hearing.
viii. Subject to further direction of the Tribunal, each witness appearing at the hearing will be allowed up to two hours and 15 minutes to give their evidence, as follows:
a. Up to 40 minutes for examination-in-chief;
b. Up to 1 hour and 10 minutes for all cross-examination;
c. Up to 15 minutes for any re-examination; and
d. Up to 10 minutes for questions by the Tribunal.
ix. Where the qualifications of an expert witness are contested, an additional 60 minutes will be scheduled for questions and submissions.
x. Every witness statement is to contain a complete recitation of all the evidence to be provided by the witness which may be adopted by the witness as their evidence in chief at the hearing.
xi. Witnesses will not be permitted to give evidence in chief that is not set out in their witness statement, except with leave of the Tribunal, which will only be granted in exceptional circumstances.
xii. All documents to be referenced and relied upon by a witness must be appended to their witness statement.
xiii. All expert witness statements shall include a statement of the expert qualification to be sought at the hearing and all parties are to provide the Tribunal, by June 20, 2015, with written confirmation of whether they consent to the requested qualification.
xiv. A maximum of three witnesses will be scheduled per hearing day, unless otherwise directed by the Tribunal.
xv. All representatives must be available to attend each hearing day from 9 a.m. to 6 p.m.
xvi. Each party will, by June 20, 2015, file with the Tribunal, for its approval, a detailed witness schedule for each hearing day which has been assigned to the party to hear their evidence. Only witnesses for whom a witness statement has been filed, who are also named in the approved witness schedule, will be allowed to testify, except by leave of the Tribunal, which will be granted only in exceptional circumstances.
xvii. An electronic version of all evidence shall be filed with the Tribunal and a single paper copy shall be filed. A second paper copy shall be brought to the hearing to be marked as an exhibit.
xviii. Any party who wishes to request a site visit must do so in writing no later than June 20, 2015 and the request must include:
a. A detailed description of the specific locations to be visited, with a detailed explanation why the site visit will help the Tribunal understand the evidence or issues raised at the hearing; and
b. A proposed date and time that the site visit will be conducted, as well as an estimate of the amount of time required to complete the site visit.
xix. Following the hearing of the evidence, the parties shall file their final written submissions as follows:
a. The Appellant to file by July 24, 2015.
b. The Director and Approval Holder to file by July 31, 2015.
c. The Appellant to file reply, if any, by August 7, 2015.
Request for Presenter Status Granted
Procedural Directions Ordered
“Justin Duncan”
JUSTIN DUNCAN
member
“Dirk VanderBent”
DIRK VANDERBENT
VICE-CHAIR
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Environmental Review Tribunal
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248