Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE:
December 16, 2016
CASE NO.:
16-036
PROCEEDING COMMENCED UNDER section 142.1(2) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant:
See Appendix 1 – Appellant List
Approval Holder:
wpd Fairview Wind Incorporated
Respondent:
Director, Ministry of the Environment and Climate Change
Subject of appeal:
Renewable Energy Approval for Fairview Wind Project
Reference No.:
3948-9RDLRF
Property Address/Description:
Various sites
Municipality:
Township of Clearview
Upper Tier:
County of Simcoe
ERT Case No.:
16-036
ERT Case Name:
Wiggins v. Ontario (Environment and Climate Change)
Heard:
December 15, 2016 by telephone conference call
APPEARANCES:
Parties
Counsel/Representative+
John Wiggins
Eric Gillespie
Kevin Elwood and Gail Elwood
Glenn Grenier and Annik Forristal
Corporation of the County of Simcoe and Town of Collingwood
Richard Butler and Nicole Petersen
Preserve Clearview Inc.
Chris Hoffmann+ and Chuck Magwood+
Corporation of the Township of Clearview
Harold Elston and Aynsley Anderson
wpd Fairview Wind Incorporated
Jesse Long
Director, Ministry of the Environment and Climate Change
Sylvia Davis
Participant
Canadian Owners and Pilots Association
Glenn Grenier
Presenters
Collingwood Flying Club
George E. Daniels+
Susan Richardson and Elizabeth Marshall
Self-represented
ORDER DELIVERED BY DIRK VANDERBENT AND HUGH S. WILKINS
BACKGROUND
1On December 15, 2016, the Environmental Review Tribunal (“Tribunal”) heard submissions from the parties by telephone conference call on procedural issues regarding the form and scheduling of the remainder of the hearing.
2This order sets out the disposition of the Tribunal on these issues.
ORDER
3The Tribunal directs that the “remedy” phase of the hearing will be conducted in-person in Collingwood, Ontario.
4The Tribunal directs the following schedule for filing evidence and submissions on remedy:
January 6, 2017
wpd Fairview Wind Incorporated (“Approval Holder”) and the Director, Ministry of the Environment and Climate Change (“Director”) to serve the other parties, and file with the Tribunal, all witness statements and supporting documents to be relied on at the hearing
February 3, 2017
Appellants to serve the other parties, and file with the Tribunal, all responding witness statements and supporting documents to be relied on at the hearing
February 10, 2017
Approval Holder and Director to serve the other parties, and file with the Tribunal, reply witness statements and supporting documents, if any, to be relied on at the hearing
February 27 to March 1, 2017
The remedy phase of the hearing to held in Collingwood, Ontario, at a location to be determined
5The adjournment of this proceeding under s. 59(2)1.ii of O. Reg. 359/09 continues until the next appearance.
Procedural Directions Ordered
Hearing Adjourned
“Dirk VanderBent”
DIRK VANDERBENT
VICE-CHAIR
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
Appendix 1 – Appellant List
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
Appendix 1
Appellant List
Appellant Name
File No.
John Wiggins
16-036
Gail Elwood
16-037
Kevin Elwood
16-038
The Corporation of the County of Simcoe
16-039
Preserve Clearview Inc.
16-040
The Corporation of the Township of Clearview
16-041
The Town of Collingwood
16-042