Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: August 28, 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: August 27, 2018 by telephone conference call
APPEARANCES:
| Parties | Counsel |
|---|---|
| Concerned Citizens of North Stormont | Eric Gillespie |
| Director, Ministry of the Environment, Conservation and Parks | Paul McCulloch |
| Nation Rise Wind Farm GP Inc. | John Terry |
ORDER DELIVERED BY MAUREEN CARTER-WHITNEY
ORDER
1With reasons to follow, the Environmental Review Tribunal (“Tribunal”) adjourns the hearing on its own initiative, under Ontario Regulation 359/09, s. 59(2)1.ii, for a period of 44 days (i.e., the period of time between the telephone conference call (“TCC”) held on August 27, 2018 and a TCC to be held at 10 a.m. on October 11, 2018).
2Subject to any further order by the Tribunal, the date of deemed confirmation of the Renewal Energy Approval (“REA”) if the Tribunal has not disposed of the hearing, is January 5, 2019.
3The Tribunal directs the Appellant to advise the Tribunal and other parties as soon as possible of any developments with respect to the circumstances that gave rise to this adjournment.
4The Tribunal directs the parties to provide written closing submissions on the health and wildlife issues in this matter, according to the REA appeal schedule previously established. According to this schedule, the following dates apply for outstanding submissions: September 11, 2018 for the Respondents’ written submissions and September 18, 2018 for written reply submissions. All other dates in the appeal schedule are vacated.
5The Tribunal directs the parties to establish a proposed revised schedule for the completion of the hearing of the groundwater evidence, the written submissions on that issue and the closing oral submissions. The hearing of the groundwater evidence is to be completed by October 31, 2018. The Tribunal is generally available after October 11, 2018, with the exception of October 23 and 24, 2018. The Tribunal directs the parties to provide the Tribunal with the proposed revised schedule by October 1, 2018.
Adjournment Ordered
Procedural Directions Ordered
“Maureen Carter-Whitney”
MAUREEN CARTER-WHITNEY
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