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Can municipalities still regulate renewable energy projects?

by Dianne Saxe on December 7, 2009

Train stationOne key promise of the Green Energy Act was to  fast track and simplify renewable energy project approvals. This promise was realized, in part, by amendments to the Planning Act, which exempt renewable energy projects from municipal official plans, zoning bylaws, site control bylaws, etc..  Some municipal lawyers argue, however, that municipalities may still have the power to block unpopular renewable energy projects, such as wind turbines. They point to broad municipal powers to regulate a “nuisance”, to the greater deference municipalities now receive from the courts, and to the absence of anything in the Green Energy Act about the law of nuisance. This notable omission was contrary to the advice of the Ontario Bar Association, and could create problems for renewable energy proponents. Municipal attempts to block approved renewable energy projects would certainly be a longshot, but I wouldn’t be surprised to see someone try. The province could, of course, invalidate such municipal efforts with regulations under s. 5 of the Green Energy Act, comparable to the regulation now used to protect certain clotheslines from private and municipal controls. But Ontario has not yet adopted such a regulation.

Meanwhile, the resignation of “Furious George” Smitherman as Minister of Energy may slow the pace of renewable energy initiatives. Ministry staff seem to be grateful for a chance to catch their breath.

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Kathy Elliott December 14, 2009 at 6:16 pm

I’m trying to save the Oak Ridges Moraine from being destroyed from the so called green acty. My rights are being violated.My neighbour wants to put up a 490 ft. plus wind turbine which would have a 100 ft base of metal driven into the ground . The Oak Ridges Moraine is southern Ontario’s most important and vulnerable ecological region.One of the Moraines most important function is as water recharge and discharge area. It’s Ontario’s rain barrel – permeable sands and gravel absorb and collect rain and snow melt, which then slowly filters into the deep aquifers below the ground. This groundwater is used for drinking water in residential wells across the Moraine which stretches 160 kilometers across southern Ontario. Some groundwater makes it’s way into 65 major rivers and streams on the Moraine and becomes drinking water for millions of people in the greater Toronto.Can the green act guarantee these large turbines won’t destroy our drinking water. Can M’ginty guarantee the blades won’t break off and injure children , can they guarantee the ice build up on a stopped blade then starts won’t crash into children. destroy homes can the liberals guarantee that the turbines won’t injury migrating birds won’t destroy the habitat of the coyotes. deers , can the liberals guarantee the breeding animals in the spring won’t result in miscarriage, what about people with epilepsy. pace makers . Can the liberals guarantee people won’t have hearing loss. balance problems miscarriages. EvenHealth Canada is starting to recognize many people are surrering ill health since win turbines where errected in there are. Dalton is only interested in money not the rights of the people what about saving the Oak Ridges Moraine from destruction people need water to survive.

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