Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: July 17, 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
REASONS
BACKGROUND
1The Environmental Review Tribunal (“Tribunal”) issued an Order in this proceeding on July 6, 2018, which granted requests for Participant and Presenter status and set out procedural directions. These are the reasons for that Order.
2On May 4, 2018, Mohsen Keyvani, Director, Ministry of the Environment, Conservation and Parks (“MECP”), 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”).
3On May 22, 2018, the Concerned Citizens of North Stormont (“Appellant”) filed a Notice of Appeal with 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.
4On July 5, 2018, the Tribunal held a Pre-hearing Conference (“PHC”) in Finch, Ontario 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 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 on July 11, 2018.
5Prior to the PHC, the Tribunal had established a Schedule of Events for this appeal, pursuant to Rule 32 of the Tribunal’s Rules of Practice (“Rules”), which sets out a provisional timeline for the entire proceeding. The Schedule of Events is attached as Appendix 1 to this Order. At the PHC, the Tribunal provided additional procedural directions, as set out in the Order below.
Issues
6The issues to be addressed in these reasons are:
whether to grant requests for Participant and Presenter status; and
whether the Tribunal has jurisdiction to consider all of the matters referenced in the requests for status.
Relevant Legislation and Rules
7The relevant provisions of the EPA and the relevant Rules are attached as Appendix 2 to this Order.
Issue 1: Whether to grant requests for Participant and Presenter status
8The Tribunal received the following seven requests for Presenter status:
- Cynthia Daoust lives in proximity to the Project and has concerns relating to its impact on human health. Specifically, she is concerned about the potential effects of two proposed turbines on her son’s hearing, due to his diagnosed sensitivity to noise.
- Trenant Acres Ltd. is a dairy farm owned by Ms. Daoust and her husband. Her concerns in relation to the dairy farm include the impacts of the Project on human and animal health, particularly with respect to groundwater contamination and water supply, and the economic viability of the farm business.
- Ruby Mekker is concerned about the impacts of the Project on human and animal health, and on her former dairy operation, now owned and operated by her son. She raised concerns about the well and water supply, and also about the potential relationship between the Project and the West Quebec Seismic Fault (“Fault”) and the potential for earthquakes in the area. Ms. Mekker is also concerned about economic impacts on the farm.
- Anthony Mekker, Ms. Mekker’s son, now owns and operates their dairy farm, where he lives with his family. He has concerns about the impacts of the Project on his family’s health, the health of his dairy cows, particularly with respect to access to clean water,