Ian Hanna, an Ontario anti-wind crusader, has been denied
permission to appeal an earlier court decision that dismissed his
judicial review application.
Hanna's application challenged Ontario Regulation
359/09 that governs renewable energy approvals in
Ontario. The Regulation requires a 550 meter distance between wind
turbines and noise receptors such as residences.
Hanna argued that there was no scientific basis for the 550
setback. He challenged the regulation on the basis that the
Minister of Energy had not followed the necessary process required
by Environmental Bill of
Rights (EBR). Section 11 of the EBR requires
the Minister to consider the Statement of Environmental Values
(SEV) when making decisions that might significantly effect the
environment. In turn, the SEV requires the Ministry to "use a
precautionary, science-based approach in its decision-making".
Hanna argued the Ministry had failed to meet that requirement when
it determined the setback distance.
Hanna's application went before the Ontario Divisional Court
and was dismissed in March
2011. The court was satisfied that the Minister
complied with the process required by the EBR and SEV. In support
of this, the court cited public consultation and a science-based
ministerial review using World Health Organization reports and
acoustic engineering experts.
Hanna vowed to fight on and sought leave to appeal the decision
to the Ontario Court of Appeal, but on June 20 the court denied his
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Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
The Government of Alberta recently announced a number of policy changes that will impact the Alberta Electricity Market, composed of its generators, transmitters, distributors, retailers, electricity consumers and wholesale electricity market.
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