Approving wind turbines might be the purview of the provincial government, but the province might have to meet federal several regulations for wind turbines and its Green Energy Act.
MP Michael Chong is looking into the federal implications of wind turbines proposed for the Belwood area in Centre Wellington and East Garafraxa Townships.
He wrote to Federal Minister of the Environment Jim Prentice and that letter will be part of the package that Centre Wellington council is sending to provincial Minister of Environment John Gerretsen. Gerretsen’s approvals branch can issue licences for wind turbines.
Chong cited the proposed Invenergy Wind Canada ULC project and wrote, “Many people have voiced concerns that this project will negatively impact a number of migratory birds and species at risk.”
He said the proposal by Invenergy is immediately south of Luther Marsh, “one of Ontario’s birding gems, with 135 nesting species documented in the Atlas of Breeding Birds of Ontario. He said parts of the marsh are designated as sanctuaries.
He wrote, “The Migratory Birds Convention Act, 1994, ensures the protection of migratory birds and their habitat. … Each tower in this proposed project will be approximately 80 to 100 metres in height, and with the length of the rotor blades 40 to 50 metres, the total tip height will be up to 150 metres.”
Chong said the project lies in the migratory path or nesting grounds of several endangered species or species at risk, and, “Research has indicated that wind turbines kill and injure birds.
“Deaths and injuries result from direct causes, such as contact with the turbines and indirect causes, such as habitat changes and altered avian behavior due to the present of the turbines.”
He wrote, “This proposed wind farm project appears to be in the migration path and nesting grounds of a number of birds, some of which are also listed as species at risk under the federal Species at Risk Act. According to information from the GRCA [Grand River Conservation Authority] the proposed project lies in the migration path or in the nesting grounds of the Bald Eagle, Black Tern, the Great Egret, the Least Barren (classified as a threatened species), the Ruddy Duck, and the Acadian Flycatcher (classified as an endangered species).
Chong cited concerns under the federal Species at Risk Act, which “mandates the protection of habitat critical to the recovery and maintenance of these species. Though the Grand River watershed consists of less than one per cent of the total land of Ontario, these 80 species represent 37% of species at risk in the province.”
Chong wrote, “Recent federal court rulings, namely Alberta Wilderness Association v. Minister of Environment and Environmental Defence Canada v. Minister of Fisheries and Oceans, ordered the federal government to identify habitat crucial to the recovery of species at risk. It is my understanding that Environment Canada is complying with these court decisions and identifying this habitat.”
Chong said, “The Grand River watershed contains significant areas of habitat critical to the recovery of these species at risk. There is no doubt that habitat critical to the recovery of these species lies within the area proposed for this project, necessitating expeditious identification of critical habitat and the removal of these habitat areas as potential locations for this project.”
Chong said the Canadian Environmental Assessment Act requires that the federal environmental assessment process be applied whenever a federal authority has a specified decision-making responsibility in relation to a project. Specifically, the environmental assessment process is to be triggered when a federal authority provides a license, permit, or an approval that is listed in the Law List Regulations, which enables a project to be carried out.
“In view of the above information, the Law List Regulations, The Migratory Birds Convention Act, 1994, and the Species at Risk Act, it appears that a federal environment assessment is required for this project. I ask that you ensure a federal environmental assessment is triggered.
Chong also cited Aboriginal concerns from a federal level.
“Finally, this project also lies within six miles of the Grand River and the Haldimand Tract that is claimed by the Six Nations of the Grand River. There is a legal duty … for the crown to consult with Aboriginal peoples.”
He said that a Supreme Court of Canada decision indicated that duty “arises when the crown has knowledge, real or constructive, of the potential existence of the Aboriginal right or title and contemplates conduct that might adversely affect it.
He concluded, “As the proposed project lies within the six mile tract on either side of the Grand River claimed by the Six Nations of the Grant River, it appears that the government of Canada is duty bound to consult with Six Nations regarding the adverse impact this proposed project might have and whether or not a federal environmental assessment is required.”
