The Rubber Stamp is Red Hot!

Just before an armistice is declared in an armed conflict, the guns blaze away and troops go over the top in a last ditch attempt to make gains before peace negotiations begin.

Unfortunately, Ontario is not going to negotiate; nevertheless, the Rubber Stamp of approval is blazing away before the changes to the FITT programme are implemented:
Melancthon learns about approval for 49 towers[OWR], not from the Ministry, but from the media!!! “The new rules, in my opinion, do absolutely nothing,” [Mayor]Hill said. “It’s just more smoke and mirrors from a government that is intent on bullying their agenda through the province.”
Going by population numbers found in the recent census, Melancthon will have a turbine for every 17 people, now that Dufferin Wind’s project has received approval.
“I think that number is a little high,” Hill responded. “The reality is that we’re probably the most densely populated turbine per person in Ontario. Enough is enough.”
[Orangeville Banner]

Here are the particulars of the Approval:
The REA requires the proponent to construct, install, operate, use and retire the facility in accordance with specific terms and conditions. The terms and conditions, as summarised below, require the proponent to:

- construct and install the facility within 3 years of the date of the approval,
- construct and install the facility in accordance with the documentation considered for the issuance of this approval,
- properly decommission the facility upon retirement of the facility,
- comply with the ministry’s noise emission limits at all times,
- carry out an acoustic immission audit of the sound levels produced by the operation of the equipment,
- carry out an acoustic emission audit of the acoustic emissions produced by the operation of the wind turbine generators,
- manage stormwater, and control sediment and erosion during and post construction,
- carry out specific items if foundation dewatering or water takings by tanker exceed 50,000 litres/day,
- implement the pre and post construction Natural Heritage monitoring program, which includes bird and bat monitoring,
- create a community liaison committee with members of the public and the Company,
- undertake ongoing Aboriginal consultation,
- prepare a Traffic Management Plan to be provided to the upper and lower tier municipalities and enter into Road Users Agreements,
- properly address any archaeological resources discovered,
- maintain records of the operation and maintenance of equipment and inspections and complaints related to the facility,
- notify the ministry of complaints received alleging adverse effect caused by the construction, installation, operation, use or retirement of the facility, and
- notify the ministry prior to a change of ownership.

The first condition will be met, few or none of the others, I’ll bet.

“What part of ‘not a willing host’ do you not understand?”

Pettapiece asks Wynne if she understands the concept of, not a willing host:

(Queen’s Park) – Standing up for his constituents, Perth-Wellington MPP Randy Pettapiece today [May09] delivered a blistering attack on the Liberal government’s energy policies driving the industrial wind turbine project proposed for North Perth.
“When will you stop trampling the overwhelming will of our communities and declare a moratorium [on new wind turbine projects]? And what part of ‘not a willing host’ do you not understand?” said Pettapiece to Premier Kathleen Wynne. Opposition MPPs stood to applaud.
Pettapiece referred to resolutions passed by municipalities in Perth-Wellington and beyond. Those resolutions specifically state they are “not a willing host” for industrial wind turbines. The resolutions pick up on the Liberals’ throne speech, which suddenly recognized the need for “willing hosts.”
In the first part of his question, Pettapiece followed up on the package that he hand-delivered to Premier Wynne more than two months ago on behalf of the Municipality of North Perth. He has yet to receive a response.
Pettapiece asked if the premier would explain the clear position taken by the Municipality of North Perth, and asked whether she would respect their will.
Either unwilling or unable to respond, the premier passed the question to energy minister Bob Chiarelli. Not receiving an answer, Pettapiece accused the premier of showing no more respect to his constituents than the Liberals did in the gas plant scandal.
In response, Chiarelli called for “leadership” from the opposition, accusing them of asking the government to “unilaterally cancel a contract.” But that just isn’t true, Pettapiece said.
“The minister’s answer was insulting,” he said. “It shows he has given no thought to the project proposed for North Perth, and isn’t even aware of its status. He should know there is no Renewable Energy Approval (REA) at this point, and there is still time for the government to stop the project.
“If companies with FIT contracts are guaranteed REA approvals, then the whole process is a farce.”

Randy Pettapiece, MPP | 519-272-0660 |Pettapiece.ca

Rain, on the Parade, adds more Window Dressing

We held off on the BIG news about IWTs and local democracy (Today’s announcement, OWR) because we knew it was the usual Liberal window dressing, all form and no substance. The policy change is no change at all, it’s there to protect the status quo: local council STILL CANNOT stop an IWT project, willing hosts or not. The decision will still be made in Toronto.  That’s the rain on the parade.

Chiarelli said Ontario’s Feed-In Tariff (FIT) system for awarding renewable energy contracts will be replaced, for large projects over 500 kilowatts, with a new competitive process where the government says wind companies will be required to work with municipalities on locations and site requirements.  Even so, in this clash of councils vs developers, the developers do not have to do anything the councils ask; they just have to manage the approvals process in Toronto to get approval.  Local democracy shall bow to the needs of the gov’t: On Thursday, Wynne said of the changes: “It’s true that there’s not a veto power involved in this process, but we always have to balance the greater good with the local good.”

Jeffs believes the news will not calm rural communities, as she thinks the government intends, but rather “make people angrier.” The municipality may now be allowed to charge more taxes on turbines, but nothing really changes: town councils will not be able to reject proposals that threaten their municipalities – While a zoning meeting may be required to have a Tim Hortons built in town, no municipal approval is required to have a “500-foot-high wind turbine built 550 metres from someone’s home,” Fedeli said.

Nevertheless, councils SHOULD still pass by-laws that require minimum setbacks of more than 550 metres, which they can then point to in their deliberations with developers (all to take place before approval is given in Toronto).  WHY?  because this will be the real test of local democracy, and when the matter goes to court, then, the setback by-laws will be upheld.

Here’s the Wynne-lose’s gov’t. tantalizer: THE CHANGES New rules for approving large wind turbine projects:
- No more feed-in tariff (FIT) program. Replaced with competitive procurement process
- Developers must work with municipalities before seeking Ontario Power Authority approval
- Property taxes paid on wind turbine towers will go up
- Funding for municipalities for local energy plans

Also blogged at Ontario Wind Resistance, including More Window Dressing
Demonstrators Greet Premier to protest the “changes”.
CTV News video, demonstrators protesting on Wynne-lose’s new policy.

Wynne-lose, Will she?

Is she the real deal? asks Sun columnist Lorrie Goldstein. Will Premier KW have the guts to admit McGuinty’s Green Energy “experiment” is “an unmitigated disaster for Ontario”. The gas plants scandal she apologized for (but not in the legislature) is the direct result of this “unmitigated disaster”.

And yet the reality is that what went on in Oakville and Mississauga — before the Liberals flip-flopped for crass partisan reasons — is nothing compared to what happened in rural communities across Ontario, where the Liberals literally rammed industrial wind turbines down the throats of protesting citizens. If she has rejected the gas plant fraud, will she do the same for the Green Illusion Machine called the GEA of Ontario?

Wynne has already broken with McGuinty on the cancelled gas plants, as well as on McGuinty’s plan for casino gambling in Ontario, for horse racing, and on the operation of the Ontario Lottery and Gaming Corp., as evidenced by recent events at Queen’s Park.

Will she cut the green web spun by McGuinty or will she cut and run:
Indeed, what Wynne does on the green energy file will be the acid test of whether she’s a real leader, or a mere follower of a leader who failed.

Pelham Joins the Pack

The Welland Tribune reports (by Sarah Ferguson) that Pelham may be ready to join Wainfleet in opposing Wind Turbines (West Lincoln may yet do so next Council meeting).  While the City of Welland is anticipating a jobs boost from turbine blade manufacturing, the 200 jobs figure is probably exaggerated for political effect.

Rest assured, however, that those jobs are short term and temporary (unless the Province intends cranking out turbines to cover EVERY acre of agricultural land, in which case, they’ll last a little longer?).

“Jobs are great but I really believe it’s going to be short term and produce something people don’t want.”, Mayor April Jeffs of Wainfleet.

OWR 

Superior Court Ontario Ruling

Superior Court of Ontario RULING: April 22/13:

…residents of Clearview Township cannot bring claims for a proposed industrial wind project at this time, the ruling is “without prejudice to the plaintiffs’ rights to commence an action for identical or similar relief when and if the Fairview Wind Project receives the necessary approvals to be constructed.” [Para. 6]

…lawyer Eric Gillespie, whose firm acts for the plaintiffs in the actions: “It now seems clear that as soon as a project is approved residents can start a claim. This appears to be a major step forward for people with concerns about industrial wind projects across Ontario.”
AND
After reviewing the evidence of appraiser Ben Lansink, the court states: “(i)n summary, the plaintiffs’ evidence shows that they have already suffered harm through a loss in property values and the corresponding interference with the use and enjoyment of their properties.” [Para. 9] “The plaintiffs have filed expert appraisal evidence indicating that their properties are likely presently devalued by between 22 to 50 per cent or more, based upon the Proposal as presented.” [Para. 31] “… (I)n this case the court accepts that the plaintiffs have suffered, and are currently suffering, losses culminating in diminished property values …” [Para. 34, emphasis added]

The Court also accepted expert testimony on adverse health effects: sleep disturbance, annoyance, headache, tinnitus, ear pressure, dizziness, vertigo, nausea, visual blurring, tachycardia, irritability, problems with concentration and memory, and/or panic episodes. (evidence given by Robt. McMurtry). Expert evidence was also given on the certainty of the project exceeded the 40dB noise limit.
But the Court concluded that the project could undergo major changes so that there is no way to know these adverse effects will occur.

GEAR UP, folks, the wind industry is going to hit back hard because the courts are ruling against them in significant ways: in Wainfleet, Council can pass by-laws to control IWT’s; and now, Property values are affected; once appproval is given a project, complainants can start court actions for adverse effects.

Plympton-Wyoming May Make By-law Changes

Plympton-Wyoming may make changes to its Setback By-law as a result of the Wainfleet court decision (OWR).

When the province passed the Green Energy Act, it over-ruled every other type of legislation including local municipalities planning authority, but Napper and other municipal politicians believe the Municipal Act doesn’t fall under the Green Energy Act.
Suncor disagrees and is taking Plympton-Wyoming to court to challenge the two kilometer limit and two other bylaws which impose high fees for development and a $200,000 deposit per turbine to deal with the cost of removing the towers in the future.
 (Sarniathisweek.com)

The P-W by-law is similar to the Wainfleet By-law; the local Council is considering an amendment to reflect the input from the Wainfleet Decision, namely, a clear definition of the distance limit of the 2km setback from any “property” or noise receptor.

Mayor Napper believes the issue will end up in court. “We have three bylaws that they (Suncor) are challenging and in light of the two kilometer setback in Quebec and other places…I feel quite confident that we can defend what we have with scientific evidence.”

Folly Green Giant

A clever pun by Christina Blizzard of the Toronto Sun Newspaper; and, also, a very appropriate one! She says the giant is “smothering the voice of rural Ontario”:
That’s the only way to explain the complacency urban residents have for the desecration of rural Ontario.
Politicians from small towns across the province came to Queen’s Park Thursday demanding the Kathleen Wynne government return decision-making to the local councils.
The Green Energy Act stripped local politicians of any say in the siting of wind and solar farms in their communities.

So, if urbanites are complacent about the destruction of rural Ontario, what’s happened to all the Greenies who usually live in the cities? Why aren’t they out protesting this destruction?! Why? Because the saint of tainted causes, David Suzuki, hasn’t raised the rallying cry for them. In fact, his organization has done the opposite by joining the forces of the nutbar failed scientists who are proclaiming the deleterious effects of turbine power is “all in your head” (Quixotes has a great picture of the saint with outstretched arms delivering his sermon from the lectern – the man has abandoned science).

Voila the horrible cost of Green Energy and the huge rises in the cost of power to the consumer. And worse yet, Ontario Liberals and the NDPee have defeated MPP Lisa Thompson’s Bill 39 to restore affordable energy by curtailing wind power and restoring local democracy. This, of course and unfortunately, was a foreseeable result. The real hypocrites here are the NDPee (whose CAW turbine continues to blow an ill wind).

The Folly Green Giant is marching on, as Blizzard writes, aided and abbetted by the Minister Of Agriculture, Ms Wynne-lose:
Here’s the truth of what’s happening: It’s not Alberta and the price of oil that’s killing jobs here and hollowing out the economy. It’s our own home-grown government that has bungled the electricity file at every turn.
They spent $275 million to scrap a gas plant to save a couple of seats in Mississauga.
Rural Ontario, meanwhile, bears the brunt of their folly green giant.

High power rates are killing jobs and industry in Ontario, as reported by the writer:
A chemical company was about to expand rubber production in a neighbouring municipality, but decided it can’t justify the cost of electricity compared to the U.S. (Enniskillen)
In the legislature, PC Leader Tim Hudak talked about a Niagara food packaging company that compared electricity costs here with their plant in Texas. It’s 69% more here.

Ironically, the home of the Bruce Power Plant (Kincardine, Tiverton), is slated to receive 100 more Turbines in addition to the 118 that already bristle in the region, where the drop in coal power generation corresponds to the output of the refurbished Bruce Generating station and has absolutely nothing to do with wind and solar power generation – now, there’s Irony for you!!!

Invalid but Legal

The ruling has come down on the Wainfleet Setback By-law Case. The Judge has ruled the By-law to be Invalid and without Force and Effect. The reasoning for the Decision hangs primarily on the “Vaguenness” of the definition of “Property” as found in the By-law. Nevertheless, the ruling sets a precedent for other Councils.Read the Setback By-law where there is a link to Decision.Invalid does not mean, illegal. The argument that the by-law was illegal, would be illegal, and so on, is the one put forth to various Councils by Wind company lawyers. They were and are wrong. As the Decision states, the Wainfleet Council acted within its legal rights in passing the By-law; but because of vagueness, the by-law is unclear and therefore is invalid (defective). This means that any Council ready to enact a setback by-law should do so with a clear definition of, Property.

Finally, the court also found the Council did not act in bad faith (Councillors, therefore, cannot be sued for damages), and it would not consider the Charter argument because there was no need to, given the decision.

Please donate to Wainfleet Legal Fund – the Township needs your tangible support!
(I hope I smell an Appeal coming …)

[Report by Don Johnson, Welland Tribune, and OWR]

VERY Important: No Justice

And very unusual that one of the mainstream media outlets should publish an article criticizing the government’s wind energy policies and behaviour: OWR: Don’t look for Justice. Anne McNeilly’s report published in the Toronto Star, April 09/13, goes over the facts to describe how there is no Justice from Ontario where the debate on wind Turbines is concerned.

When there’s social injustice, you don’t expect large corporations, the provincial government and a union like the CAW to be climbing into bed together to ignore the problem. But slap a motherhood label on the issue, such as the so-called “Green Energy” Act, and all of a sudden it’s OK to ignore the very real hardships, both health and financial, happening to people in non-Liberal ridings.
What’s more surprising about the wind-turbine debacle, though, is the relatively low media profile that Ontario residents who are being negatively affected by the monster machines are receiving. News outlets and publications usually lap up stories of social injustice. The problems associated with lead paint, urea-formaldehyde foam insulation, asbestos and cigarettes are all famous for the media attention they received that led to change.
But it was difficult even to find news stories last week about the wind turbine protest at the energy conference in downtown Toronto. People from across the province pooled their resources to hire buses to come to the city to try to draw attention to their plight. If there was a broadcast or a print story, I didn’t hear or see it.
And despite public outrage and protests, the Canadian Auto Workers’ union last week started operating a monster wind turbine, built with government subsidies, in its Port Elgin convention centre parking lot that violates the 550-metre Ontario setback regulations. Residents, particularly children, are already experiencing the sleepless nights, anxiety and migraines being experienced by others around the province. Who cares? Certainly not CAW president Ken Lewenza, who has secured a seat on the province’s wind gravy train. When I recently suggested to a colleague who works on a documentary radio show in Toronto that the problems with turbines were worth a story, she responded: “I think they (wind turbines) are beautiful.” And that was that. 
[Star report]