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ARTICLE · 04 SEPTEMBER 2012

Environmental Review Tribunal Appeal Notices Must Be Complete

The Environmental Review Tribunal has dismissed an anti-wind appeal, because the neighbours opposed to the project did not file a proper notice of appeal.

CanadaEnvironment

The Environmental Review Tribunal has dismissed an anti-wind appeal, because the neighbours opposed to the project did not file a proper notice of appeal: Ball v. Director. Several appeals were also dismissed in Monture v. Ontario, Ministry of the Environment, because the notices of appeal were not filed on time.

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 EPA.

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