On May 20, 2015, the Environmental Review Tribunal (the “Tribunal”) dismissed the appeal and confirmed the decision of the Director to issue Renewable Energy Approval (“REA”) No. 4353- 9HMP2R to Niagara Region Wind Corporation for a renewable energy project known as the Niagara Region Wind Farm.
The Tribunal concluded that the evidence provided by the Appellant in this case was not sufficient to establish that engaging in the project in accordance with the REA will cause serious harm to human health and that the Appellant had also failed to provide sufficient evidence to establish that serious and irreversible harm would be done to the environment.
Finally, the Tribunal also found that the Appellant failed to demonstrate that the statutory harm test for appealing a REA, as set out in EPA subsection 142.1, deprives him of the right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms, as the Divisional Court found in Dixon v. Director, Ministry of the Environment.
Other Relevant Information:
The full text of the decision may be available by accessing the Environmental Review Tribunal’s website at the following address: www.ert.gov.on.ca. Click on the “Decisions & Orders” link and search for case number 14-096.