The provincial government took over energy proposals from municipalities because municipalities were incapable of handling them on their own, according to the director of the approvals program.
Doris Dumais sent a letter to the county in response to Wellington’s refusal to take part in the Green Energy Act’s consultation process with wind energy developers.
The county’s planning committee received for information the letter from the Ministry of the Environment, through county solicitor Peter Pickfield. The county had cited many reasons for refusing to take part.
One was the province removing the municipal right of governing land use planning.
As director of the approvals program for the Environmental Assessment and Approvals Branch of the Ministry of Environment, Dumais wrote, “The county’s issues with the larger policy on green energy promotion and wind facilities cannot be appropriately addressed through the [Renewable Energy Approvals] process. With regard to the county’s concerns on the removal of municipal planning roles, I can say that prior to the passage of the [Green Energy and Green Economy Act], many municipalities struggled with the difficulties of balancing the proposals of wind farm proponents and the desires of their residents.”
In Wellington County, that was not the case. The county prepared, as directed by the province, a comprehensive set of rules to apply to all municipalities. Six months after that extensive work was done, the province took over approvals.
(Progressive Conservative leader Tim Hudak announced on the weekend he will return authority of approval for wind turbines back to the municipalities if elected this fall.)
Dumais wrote, “The legislative intent was to move away from differing municipal standards and to create a strong, uniform province-wide standard on setbacks for wind facilities from adjacent residents and other sensitive areas, as well as from natural features and water bodies.”
In fact, the province killed offshore wind farms several months ago when people complained about their views being obstructed.
Dumais also stated, “Provincial standards and responsibility would also relieve municipalities of the burden of the extensive time, money and effort that these kinds of approvals require and that is required to build the capacity and scientific understanding of each technology for each individual municipality.”
She then addressed the county’s refusal to take part in the municipal consultation process with NextEra Energy, which has an application in Mapleton Township.
“The Ministry of Environment recognizes the importance of local and regional interests with respect to specific matters related to municipal land, infrastructure and servicing. For this reason, a proponent of a renewable energy project must consult with local municipalities prior to applying for a REA.
“Wind project proponents must inform the municipality about the proposed project, hold at least two public meetings during the planning stages to hear any local concerns, and must document all municipal feedback received as part of the REA application process. Proponents must also give municipalities a chance to review any studies or reports related to the project to make sure municipalities have access to all available information on the project.”
Dumais said, “In terms of the county’s concerns with and decision not to complete the municipal consultation form provided by the proponent, the municipal consultation form is to be used as a guide for the proponents to engage municipalities during the REA process. A completed municipal consultation form can reference appendices which describe any municipal concerns in more detail; discussions should not be limited to what is on the form. The municipality can identify any additional issues and recommendations not addressed by the specific questions on the form.”
She added local consultation also allows municipalities to hold extra meetings with proponents to determine how to address concerns, and the ministry can also review municipal comments. As well, the ministry will follow up with municipalities about their concerns.
Dumais encouraged the county to continue discussions with the proponent, stating failure to do so “would appear to be contrary to the spirit of protecting the interest of the county’s residents and constituted local municipalities” in regards to concerns “with the proposed project that could be properly addressed through the REA process.”
Councillor Lou Maieron asked if that statement is true, and if the county is shirking its duty. He said instead of accepting the letter for information, the committee should reconsider it.
“The province says, ‘Here is the rules.’ It implies if you’re not taking part in the consultation process you’re not meeting your role to the county and its citizens.”
Maieron asked that the writer be invited to address county council. “Receiving this for information does not give us direction,” he said.
Planning committee chairman Shawn Watters said, “It is a most difficult situation … I sense your frustration. I certainly feel frustrated.” He said the county letter stated the county’s beliefs. He added the committee can take the letter back and consult with staff.
Warden Chris White said council decided that refusing to consult was the best way it could handle the issue. “At the end of the day, it’s provincial jurisdiction. We said we had no comments or wish to get involved. We’ve had legal advice.” He added there is a provincial election coming later this year that could see changes to the energy program.
Maieron agreed, but said the Dumais letter notes there is a municipal role to play in commenting.
White replied, “Not commenting is commenting. No action is action.” He said the county held many meetings and got legal advice over the issue, and noted the difficulty will continue as other applications arrive.
Councillor Lynda White added, “Each one of our provincial representatives [MPPs John Wilkinson and Ted Arnott] knows where we stand. They know.”
County planner Gary Cousins told council, “The letter that went to the province expressed a great variety of concerns – concerns we couldn’t have expressed had we filled out the [consultation] form.” He said that included health concerns. The province has stated there are no health issues with wind turbines, but few opponents of wind farms believe that.
Cousins said, “I’m not sure there’s any gain with going back and forth.” He noted those opposing the wind farms were pleased with the county’s response in refusing to take part in consultation.
Councillor John Green said Centre Wellington and Mapleton Townships (which have proposals for wind farms) can use the county planning department for aid.
Council then approved its planning committee minutes, which effectively supported receiving the letter for information.
