Passes 1st and 2nd reading in Wainfleet. Third reading set for April 10th Council meeting.
Council was regaled once again by the legal representative of the wind Developer, who was allowed to speak on the premise that he had new information to convey on the issue.
There was none, just a re-hash of the previous delegation to Council in February. The Developer’s agent kept referring to an “illegal” by-law, one that if Council were to try to enforce would result in costly consequences, and perhaps even “personal” liability. Finally, the man, then, more-or-less intimated to Council that if it was not going to enforce the by-law his client show know about it.
First, the by-law is NOT illegal: if it were to prohibit the erection of IWT’s in Wainfleet, then it would be ultra vires (illegal) the GEA. The By-law merely states that if IWT’s over 90 meters are erected in Wainfleet, then they have to be setback 2km from the nearest property. One can argue that because ONTARIO REGULATION 359/09 of the EPA states that the setback shall be “at least” 550 meters, without saying “and only” 550 meters, the Wainfleet By-law remains in compliance with the GEA, and may, in fact, be enforceable.
Does the Developer’s legal agent know something we might not?