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ARTICLE · 14 MAY 2013

Wainfleet’s Anti-Wind Turbine By-Law Invalid

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In a recent case, Ontario’s Superior Court of Justice found the Township’s anti-wind by-law invalid for vagueness and uncertainty.

CanadaEnvironment
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In Wainfleet Wind Energy Inc. v. Township of Wainfleet (2013 ONSC 2194), Ontario's Superior Court of Justice found the Township's anti-wind by-law invalid for vagueness and uncertainty. Wainfleet Wind Energy (WWE) applied to the MOE for approval of its 5-turbine wind farm project in the Township. The province requires wind turbines (IWT) to be set back at least 550 metres from noise receptors and sets a maximum for noise of 40 dBA at the nearest noise receptor.
Under the Municipal Act, 2001, a municipality may pass by-laws concerning the health, safety and well-being of persons. As well, it can prohibit and regulate matters that are or could become or cause public nuisances, and prohibit or regulate noise or vibration. The Township passed a by-law requiring a minimum 2 kilometre setback from any "property" (as defined in that by-law) for turbines, with a 32 dB maximum noise at the nearest property. If enforceable, the by-law would have blocked WWE's project. WWE sought

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