The Ontario Environmental Review Tribunal
keeps upholding wind projects, despite
opponents' arguments that annoyance about wind
turbines ought to be considered an adverse health effect.
In Dingeldein v. Ontario (Director, Ministry of the Environment
and Climate Change), 2015 CarswellONT 12609, the appellants
unsuccessfully sought revocation of a Renewable Energy Approval
Number (the "REA") to Grey Highlands Nominee (No. 1) Ltd.
under s. 47.5 of the Environmental Protection
Act ("EPA") for a Class 4 wind
The appeal cited the usual grounds, i.e. that engaging in the
renewable energy project in accordance with the REA will cause
serious and irreversible harm to plants, animals and the natural
environment, and will cause serious harm to human health. The
Appellant also alleged that s. 47.5 and s. 142.1 of
the EPA violate his rights to security of the
person under s. 7 of the Canadian Charter of Rights and
Most of the evidence and arguments heard in this appeal had
already been heard in appeals against other wind approvals, and
found insufficient. The Appellant argued that his case was
different because of recent studies, and that "there is an
evolving understanding of the impact of wind turbines on human
The Tribunal found that recent studies did not materially change
its previous conclusions. While some people are annoyed by
wind turbines, "there was insufficient evidence to establish
that [such] "annoyance" ... could be considered
"serious harm to human health"."
The Charter issues had also been decided in previous
The municipality of Grey Highlands argued that the
turbines should be three times as far from road allowances as the
MOECC requires, because of the risk of "blade throw, tower
failure and ice throw." The Tribunal rejected these concerns,
accepting evidence that these risks were "rare" and
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