Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE:
December 4, 2015
CASE NO.:
15-037
PROCEEDING COMMENCED UNDER section 142.1(2) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant:
SLWP Opposition Corp.
Approval Holder:
Settlers Landing Nominee Ltd.
Respondent:
Director, Ministry of the Environment and Climate Change
Subject of appeal:
Renewable Energy Approval for Settlers Landing Wind Park
Reference No.:
8992-9TVSKD
Property Address/Description:
510 Telecom Road Part of Lots 7-9, Concession 3
Municipality:
City of Kawartha Lakes
ERT Case No.:
15-037
ERT Case Name:
SLWP Opposition Corp. v. Ontario (Environment and Climate Change)
Heard:
November 25, 2015 by telephone conference call
APPEARANCES:
Parties
Counsel
SLWP Opposition Corp.
Graham Andrews and Eric Gillespie
Director, Ministry of the Environment and Climate Change
Nadine Harris and Katie Clements
Settlers Landing Nominee Ltd.
John Terry and Grant Worden
ORDER DELIVERED BY JUSTIN DUNCAN AND HEATHER GIBBS
REASONS
Background
1This Order by the Environmental Review Tribunal (“Tribunal”) relates to the adjournment of an appeal of a Renewable Energy Approval (“REA”) issued by the Director, Ministry of the Environment and Climate Change (“Director”) to Settlers Landing Nominee Ltd. (“Approval Holder”).
2Section 145.2.1(6) of the Environmental Protection Act provides that the decision of the Director to issue the REA will be deemed to be confirmed if the Tribunal does not dispose of the hearing within a prescribed time, that time being set out in s. 59(1) of Ontario Regulation (“O. Reg.”) 359/09 as six months from the date that a notice of appeal is served on the Tribunal. Due to a previous adjournment, the date of deemed confirmation of the REA if the Tribunal has not disposed of the hearing is December 7, 2015.
3Section 59(2)1.i of O. Reg. 359/09 provides that a period of time during an adjournment on consent of the parties shall be excluded from the calculation of the six month period.
4At a teleconference on November 25, 2015 all parties consented to an adjournment in this case for a period of time (i.e., 39 days) such that the new date for the disposition of hearing is now January 15, 2016, rather than December 7, 2015. Pursuant to s. 59(2)1.i, the date of deemed confirmation of the REA, if the Tribunal has not disposed of the hearing, is now January 15, 2016.
ORDER
5The Tribunal adjourns the hearing for 39 days under O. Reg. 359/09, s. 59(2)1.i.
6Subject to any further order by the Tribunal, the date of deemed confirmation of the REA, if the Tribunal has not disposed of the hearing, is January 15, 2016.
Adjournment Ordered
“Justin Duncan”
JUSTIN DUNCAN
MEMBER
“Heather Gibbs”
HEATHER GIBBS
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