Environmental Review Tribunal

Tribunal de l’environnement

ISSUE DATE: January 26, 2018

CASE NO.: 17-074

PROCEEDING COMMENCED UNDER section 142.1(2) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended

Appellant: Alliance to Protect Prince Edward County

Approval Holder: wpd White Pines Wind Incorporated

Respondent: Director, Ministry of the Environment and Climate Change

Subject of appeal: Amendment to Renewable Energy Approval for White Pines Wind Project

Reference No.: 2344-9R6RWR

Property Address/Description: Various sites

Municipality: County of Prince Edward

ERT Case No.: 17-074

ERT Case Name: Alliance to Protect Prince Edward County v. Ontario (Environment and Climate Change)

Heard: January 24, 2018 in Demorestville, Ontario

APPEARANCES:

Parties

Counsel/Representative

Alliance to Protect Prince Edward County

Eric K. Gillespie and Kathleen Coulter (Articling Student)

Director, Ministry of the Environment and Climate Change

Jon Bradbury

wpd White Pines Wind Incorporated

Patrick G. Duffy and Jesse Long

Participants

Gerard Spinosa

Self-represented

Prince Edward Point Bird Observatory

Cheryl Anderson

DECISION DELIVERED BY MAUREEN CARTER-WHITNEY, MARLENE CASHIN AND JUSTIN DUNCAN

BACKGROUND

1On January 24, 2018, the Environmental Review Tribunal (“Tribunal”) held a Pre-hearing Conference (“PHC”) in relation to an appeal commenced by the Alliance to Protect Prince Edward County (“Appellant”) from the decision of the Director of the Ministry of the Environment and Climate Change to approve an amendment to Renewable Energy Approval Number 2344-9R6RWR applied for by wpd White Pines Wind Incorporated (“Approval Holder”).

2During the PHC, the Tribunal heard submissions regarding requests for status on the appeal. Gerard Spinosa and the Prince Edward Point Bird Observatory were granted participant status by the Tribunal. Status was granted subject to the outcome of the motions described below. The Tribunal also deferred requests for status by the County Coalition for Safe and Appropriate Green Energy, represented by Les Stanfield, and by John Hirsch in the event that the appeal proceeded. The oral dispositions on requests for status are confirmed by this order, with reasons to follow.

3During the PHC, the Tribunal also heard motions filed by both the Director and the Approval Holder. The Director requested an order striking the Appellant’s Notice of Appeal in its entirety and dismissing the appeal. The Approval Holder requested an order striking the entire Notice of Appeal and an order striking the witness statements of Orville Walsh and Keri Gunson, filed by the Appellant in support of its appeal. The Appellant requested that both motions be dismissed.

DECISION

4With reasons to follow, the Tribunal orders that:

a. Gerard Spinosa and the Prince Edward Point Bird Observatory are granted participant status.

b. The Director’s and the Approval Holder’s motions are granted.

c. The Notice of Appeal and the Appellant’s witness statements are struck.

d. The appeal is dismissed.

Participant Status Granted

Motions Granted

Appeal Dismissed

“Maureen Carter-Whitney”

MAUREEN CARTER-WHITNEY

VICE-CHAIR

“Marlene Cashin”

MARLENE CASHIN

MEMBER

“Justin Duncan”

JUSTIN DUNCAN

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