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ARTICLE · 26 NOVEMBER 2012

Waterpower Projects Can’t Be Reviewed Because They Don’t Get Review?

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The Environmental Review Tribunal has refused to hear an application for leave to appeal from a permit to take water for a waterpower project that will flood aboriginal burial sites: Napash v Director.

CanadaEnergy and Natural Resources
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The Environmental Review Tribunal has refused to hear an application for leave to appeal from a permit to take water for a waterpower project that will flood aboriginal burial sites: Napash v Director. The Tribunal ruled that it had no jurisdiction, because the waterpower project has had "minimal scrutiny" through an environmental screening, even if public participation opportunities were minimal, and the proponent (not the government) decided whether the environmental screening had been adequate. Thus, while wind projects grind through endless, repetitive hearings, waterpower projects get no hearing at all.

Amended Permit to Take Water No. 4445-8W3LBE (the "Permit"), under s. 34 of the Ontario Water Resources Act ("OWRA") was issued to WOF/OWF Hydrokap G.P. Inc. (the "Permit Holder"), for water taking from the Kapuskasing River at the site of the Old Woman Falls Generating Station, south of the town of Kapuskasing Shanly. Hydromega Services Inc. ("Hydromega") owns

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