Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: July 06, 2018
CASE NO.: 18-028
PROCEEDING COMMENCED UNDER section 142.1(2) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Concerned Citizens of North Stormont
Approval Holder: Nation Rise Wind Farm GP Inc., as general partner for and on behalf of Nation Rise Wind Farm Limited Partnership
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Renewable Energy Approval for Nation Rise Wind Farm
Reference No.: 0871-AV3TFM
Property Address/Description: Various locations
Municipality: Township of North Stormont
Upper Tier: United Counties of Stormont, Dundas and Glengarry
ERT Case No.: 18-028
ERT Case Name: Concerned Citizens of North Stormont v. Ontario (Environment, Conservation and Parks)
Heard: July 5, 2018 in Finch, Ontario
APPEARANCES:
| Parties | Counsel/Representative+ |
|---|---|
| Concerned Citizens of North Stormont | Andrew Chachula |
| Director, Ministry of the Environment, Conservation and Parks | Paul McCulloch and Jimmy Burg (Student) |
| Nation Rise Wind Farm GP Inc. | John Terry |
| Presenters | Counsel/Representative |
|---|---|
| Cynthia Daoust | Self-represented |
| Anthony Mekker | Ruby Mekker+ |
| Ruby Mekker | Self-represented |
| Rainer Pethke | Self-represented |
| Trenant Acres Ltd. | Cynthia Daoust+ |
| James Winters | Self-represented |
ORDER DELIVERED BY MAUREEN CARTER-WHITNEY AND HELEN JACKSON
BACKGROUND
1On May 4, 2018, Mohsen Keyvani, Director, Ministry of the Environment, Conservation and Parks (“MOECP”), issued Renewable Energy Approval No. 0871-AV3TFM (“REA”) to Nation Rise Wind Farm GP Inc. (“Approval Holder”) authorizing the construction, installation, operation, use and retiring of a wind facility with a total nameplate capacity of up to 100 megawatts, located at various locations in the Township of North Stormont, United Counties of Stormont, Dundas and Glengarry, Ontario (“Project”).
2On May 22, 2018, the Concerned Citizens of North Stormont (“Appellant”) filed a Notice of Appeal of the REA with the Environmental Review Tribunal (the “Tribunal”), pursuant to s. 142.1 of the Environmental Protection Act (“EPA”), seeking revocation of the decision of the Director to issue the REA to the Approval Holder on the grounds that the Project will cause serious harm to human health, and serious and irreversible harm to plant life, animal life and the natural environment.
3On July 5, 2018, the Tribunal held an in-person Pre-hearing Conference to address procedural matters for the hearing of the appeal. The Tribunal addressed: matters of scheduling; requests for status from several persons in attendance as well as from two persons (Karine Walkey Skinner and Samuel (Vern) Martin) who submitted written requests; and the proposed scope of the presentations. The Tribunal heard submissions on these items and scheduled a further telephone conference call to address remaining items.
ORDER
4With reasons to follow, the Tribunal orders that:
a. Cynthia Daoust, Trenant Acres Ltd., Anthony Mekker, Ruby Mekker, Rainer Pethke, James Winters, and Samuel (Vern) Martin are granted Presenter status.
b. Karine Walkey Skinner is granted Participant status.
c. The Presenters and the Participant are to serve upon the parties, by July 10, 2018, copies of documents upon which they intend to rely at the hearing, and a statement detailing the evidence they wish to present at the hearing. Mr. Pethke is granted an extension until July 12, 2018. If a Participant or Presenter will be requesting to be qualified as an expert, they are directed to file a resume, a signed Acknowledgement of Expert’s Duty (Form 5 of the Tribunal’s Rules of Practice), and a statement of the qualification sought.
d. The Presenters and the Participant are to provide an electronic copy of their statement and the documents upon which they intend to rely to the Tribunal by July 17, 2018, and to provide three hard copies to the Tribunal at the hearing, at the commencement of their evidence. Their oral presentations at the hearing will be limited to 30 minutes in length.
e. The following matters referenced in some of the requests for status will not be considered at the hearing because they are not within the jurisdiction of the Tribunal pursuant to the EPA or not within the scope of the issues set out in the Notice of Appeal: economic impacts of the Project; the potential impacts of the Project on the health of animals except in relation to groundwater contamination as set out in the Notice of Appeal; and, the West Quebec Seismic Fault except in relation to the potential for impacts of the Project on groundwater and safety as set out in the Notice of Appeal.
f. The hearing will commence on July 23, 2018 at the Finch Arena Hall, 4 John Street, Finch, Ontario, and to continue until August 2, 2018 for a total of nine days. The Parties, Participant and Presenters are encouraged to work cooperatively to prepare a schedule of witnesses to complete the hearing on these dates.
Requests for Participant and Presenter Status Granted
Procedural Directions Ordered
“Maureen Carter-Whitney”
MAUREEN CARTER-WHITNEY
VICE-CHAIR
“Helen Jackson”
HELEN JACKSON
MEMBER
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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