The Ministry of the Environment is continuing to
issue Renewable Energy Approvals for wind farms
across Ontario, under the Environmental Protection Act, and worried
neighbours continue to appeal each one to the Environmental Review
Tribunal. To launch an appeal, objectors must describe
how engaging in the renewable energy project in accordance with the
renewable energy approval will cause serious harm to human health
or serious and irreversible harm to plant life, animal life or the
natural environment under sections 142.1(3) and 142.2(1)(a) of the
Instead, in Ball v. Director, a group of neighbours filed a
brief notice of appeal against the South Kent wind farm,
located south of Highway 401 between Tilbury and Ridgetown,
Municipality of Chatham-Kent. The notice, and supplementary letter,
gave no meaningful details of the alleged harm, within the time
permitted for appeals:
We want to go on record that our position is that this project
will cause harm to human health and the environment if it proceeds,
as well as decreased property values. However, we will not be
arguing the broader issues related to Rule 29(d).
This was so completely inadequate that the Tribunal held it had
no jurisdiction to hear the proposed appeal. Subsequent details
were submitted too late to save the appeal. The appeal was
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