Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE:
December 12, 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 5, 2016 by telephone conference call
APPEARANCES:
Parties
Counsel/Representative+
John Wiggins
Eric Gillespie and Peter Zywot
Kevin Elwood and Gail Elwood
Glenn Grenier
Corporation of the County of Simcoe and Town of Collingwood
Julie Abouchar, Richard Butler and Serin Remedios (articling student)
Preserve Clearview Inc.
Chris Hoffmann+ and Chuck Magwood+
Corporation of the Township of Clearview
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 5, 2016, the Environmental Review Tribunal (“Tribunal”) heard submissions from the parties by telephone conference call (“TCC”) on the next steps to be taken in this proceeding, in particular, with respect to a request made by wpd Fairview Wind Incorporated to submit evidence and make submissions on appropriate remedies under s. 145.2.1(4) of the Environmental Protection Act (“EPA”) to address the Tribunal’s finding of October 7, 2016 that engaging in the project in question in accordance with the impugned renewable energy approval will cause serious and irreversible harm to animal life, plant life or the natural environment under s. 145.2.1(2)(b) of the EPA. None of the parties has requested an opportunity to produce evidence or make submissions on the Tribunal’s October 7, 2016 finding of serious harm to human health.
2This order sets out the disposition of the Tribunal on this issue.
ORDER
3The Tribunal grants the parties the opportunity to produce evidence and make submissions on appropriate remedies under s. 145.2.1(4) of the EPA. It directs that a TCC will be held on December 15, 2016, at 9 a.m. at which time the form and scope of the remedy hearing and scheduling will be set.
4This proceeding is adjourned under s. 59(2)1.ii of O. Reg. 359/09 to the next TCC.
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