Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: July 17, 2015
CASE NO.: 13-003
PROCEEDING COMMENCED UNDER section 142.1(2) of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended
Appellant: Prince Edward County Field Naturalists
Approval Holder: Ostrander Point GP Inc., as general partner for and on behalf of Ostrander Point Wind Energy LP
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Renewable Energy Approval for Ostrander Point Wind Park
Reference No.: 7681-8UAKR7
Property Address/Description: Helmer Road and Babylon Road
Municipality: South Marysburgh
Upper Tier: County of Prince Edward
ERT Case No.: 13-003
ERT Case Name: Prince Edward County Field Naturalists v. Ontario (Environment and Climate Change)
Heard: July 14, 2015 in Toronto, Ontario
APPEARANCES:
Parties
Counsel
Prince Edward County Field Naturalists
Graham Andrews
Director, Ministry of the Environment and Climate Change
Sylvia Davis
Ostrander Point GP Inc. as general partner for and on behalf of Ostrander Point Wind Energy LP
Douglas Hamilton and Sam Rogers
Participants
Prince Edward County South Shore Conservancy
Chris Paliare and Andrew Lokan
Canadian Wind Energy Association (CanWea)
John Terry and Dennis Mahony
ORDER DELIVERED BY HEATHER I. GIBBS AND ROBERT V. WRIGHT
Background
1Ostrander Point GP Inc. brought a motion for:
- An order pursuant to Rule 180 of the Tribunal’s Rules, identifying and defining the issue to be determined and the evidence to be heard in the remaining portion of this hearing as follows:
(a) The issue to be determined concerns what remedial action should be taken pursuant to section 145.2.1(4) of the EPA to address the Tribunal’s previous conclusion regarding serious and irreversible harm to Blanding’s turtle due to road mortality, brought by increased vehicle traffic, poachers and predators; and
(b) The evidence to be heard is evidence relating to that issue.
Further, an order striking (or determining to be inadmissible) much of the Witness Statements of Ms. Kari E. Gunson dated July 2, 2015 and Dr. Frederick Beaudry, dated June 30, 2015 …; and
Such further and other relief as counsel may advise and the Tribunal may permit.
ORDER
2For reasons to follow, the motion is dismissed.
Motion Dismissed
“Heather I. Gibbs”
HEATHER I. GIBBS
VICE-CHAIR
“Robert V. Wright”
ROBERT V. WRIGHT
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