Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: October 23, 2015
CASE NO.: 15-041
PROCEEDING COMMENCED UNDER section 142.1(2) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Patti Hutton (File No.15-041)
Appellant: William Ernest Young (File No. 15-042)
Approval Holder: Meyer Wind Power (GP) Inc. o/a Meyer Wind Power LP
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Renewable Energy Approval for Meyer Wind Farm
Reference No.: 0682-9TGSHV
Property Address/Description: RR 3, Tiverton, Part South, Plan 33287-0115
Municipality: Municipality of Kincardine
Upper Tier: County of Bruce
ERT Case No.: 15-041
ERT Case Name: Hutton v. Ontario (Environment and Climate Change)
Heard: In writing
APPEARANCES:
Parties
Counsel
Patti Hutton and William Ernest Young
Priya Vittal
Director, Ministry of the Environment and Climate Change
Andrew Weretelnyk
Meyer Wind Power (GP) Inc. o/a Meyer Wind Power LP
Scott Stoll and Mark Strychar-Bodnar (Student-at-law)
DECISION DELIVERED BY MARLENE CASHIN AND JUSTIN DUNCAN
REASONS
Background
1On May 20, 2015, Mohsen Keyvani, Director, Ministry of the Environment and Climate Change issued Renewable Energy Approval No. 0682-9TGSHV (“REA”) to Meyer Wind Power (GP) Inc. o/a Meyer Wind Power LP (“Approval Holder”), granting approval for the construction, installation, operation, use and retiring of a Class 3 wind facility with two wind turbines and a total name plate capacity of 4.0 megawatts (“Project”). The Project is to be located at R.R. No. 3 Tiverton, Part South, Plan 33287-0115, in the Municipality of Kincardine, Bruce County, Ontario.
2On June 4, 2015, Patti Hutton and William Ernest Young (“Appellants”) filed a written notice requiring a hearing respecting the REA with the Environmental Review Tribunal (“Tribunal”) on the grounds that the Project will cause serious harm to human health and serious and irreversible harm to plant life, animal life or the natural environment.
3On June 30, 2015, the Approval Holder served and filed a motion requesting particulars and seeking to strike out certain issues and material facts in the Appellants’ Notice.
4A preliminary hearing took place on July 7, 2015 at which time a hearing schedule was set, including a date for the hearing of the Approval Holder’s motion. No persons appeared to request party, participant or presenter status. Further background is set out in the Tribunal’s order dated July 24, 2015.
5On August 14, 2015, the Tribunal heard the Approval Holder’s motion. In an order dated August 17, 2015, the Tribunal ordered procedural directions, granted the Approval Holder’s motion for particulars, and dismissed the Approval Holder’s motion to strike paragraphs 31 to 37 of the Appellants’ Notice, with reasons to follow. The Tribunal’s reasons were issued on October 2, 2015.
6On September 21, 2015, the Tribunal received communication from counsel for the Appellants, on behalf of all the parties, advising that the parties had reached a settlement on the appeal. As part of the settlement, the parties have agreed that the appeal be withdrawn and that the REA should not be altered.
Discussion and Analysis
7Rule 199 of the Rules of Practice of the Environmental Review Tribunal is applicable in this context. It provides:
- Where there has been a proposed withdrawal of an appeal agreed to by all Parties and the decision under appeal is not altered by a settlement agreement, a proposed withdrawal of an application, or a proposed revocation of an order made under section 74 of the Ontario Water Resources Act, the Tribunal shall issue a decision dismissing the proceeding.
8As a result of the agreement of the parties that the appeal be withdrawn and the fact that the REA will not be altered by this agreement, Rule 199 requires that the Tribunal dismiss the Appellants’ appeal.
DECISION
9Pursuant to Rule 199, the Appellants’ appeal is dismissed.
Appeal Dismissed
“Marlene Cashin”
MARLENE CASHIN
MEMBER
“Justin Duncan”
JUSTIN DUNCAN
MEMBER
If there is an attachment referred to in this document,
please visit www.elto.gov.on.ca to view the attachment in PDF format.
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