King Today - News and Alerts

Gas Fired Generator in Protected Countryside in Holland Marsh

The OMB hearing for the interim control bylaw (ICBL) has been cancelled as the proponent (York Energy Centre) has withdrawn its objection as they have now been exempted from the Planning Act. The ICBL continues for it original purpose (i.e. to examine the issues associated with zoning energy infrastructure) except that now, the YEC site will not be included.

The Province has exempted YEC from the Planning Act. The decision is very disappointing on many fronts. The speed with which it was enacted after the comment period closed demonstrates little respect for citizens and the municipality. The press release by the Province was only one more example of “spin” as there is now a new rationale for the plant, or at least the urgency of building it: 200 temporary jobs! (what about the 50,000 green energy jobs already promised).The media release also offers reassurance of stringent air emissions controls; but, ignores the fact that neither fine particulate matter or cumulative impacts are monitored or controlled. Finally, there continues to be no data to support the claims of urgency or need.

We are very distressed as it appears that the OMB decision on conformityto the Greenbelt is not going to be rendered. It would surely be of benefit to Ontarians to allow the OMB process to be completed and to have a ruling as there will undoubtedly be future efforts to build infrastructure in the Protected Countryside. Having a ruling from the OMB and then the likely subsequent legal review associated with an appeal at the Divisional Court would be of value.

Many concerned citizens, including CCKT and the Holland Marsh farmers are part of a joint appeal against the Ontario Government to force it to stop ignoring local democracy and concerns related to a gas generation plant being developed in King Township. The plaintiffs are seeking a judicial review claiming that the provincial government has ignored its own legislation, its own promises and its own procurement rules which has served to deny citizens and the municipality the right to have concerns properly aired and addressed.

We hope that the Township will decide to join as a plaintiff.

We will be posting information as to how additional people can support this claim.

From our perspective, the Ontario Power Authority, an agency of the Government originally made a poor decision in selecting the YEC site as it is not in conformity with the Greenbelt. We have been arguing this since its selection in December 2008. The Ombudsman has been asked to investigate the procurement process.

Overview of OMB case:

The hearing on the site plan application by York Energy Centre LP to build and operate a gas-fired generator (YEC) in protected countryside of Greenbelt closed April 21. This case is pivotal to future uses in the Greenbelt. It is is the first application to introduce and build heavy industry in the Protected Countryside.

The arguments by the two parties (YEC and King Township) focused on the Greenbelt Plan 2005, specifically 4.2.1 a and b. In this section the Plan defines that one of two prerequisites must be met for building infrastructure, such as YEC, in the Protected Countryside: either to support agriculture, rural settlement areas or the rural activity; or, to serve the growth expected in southern Ontario by “providing for the appropriate infrastructure connections.” The Township’s expert witnesses argued that the rural community’s growth is ~6% of the area’s projected growth and hence the generator is not required as “support.” They also presented many arguments that the generator is a source of electricity, and not an “infrastructure connection.”

In summary King’s argument is that the Greenbelt’s vision is to protect agricultural lands and to protect natural heritage systems. In the Greenbelt Plan realizing this vision is paramount whereas the possibility to host various kinds of infrastructure is acknowledged and prerequisites for doing so are defined. YEC argued that in the Greenbelt Plan, infrastructure was not subordinate to agriculture land and natural heritage features.

A critical part of the OMB process is the participants who have the local knowledge. At this hearing neighbours of the proposed site, Holland Marsh farmers, Holland Marsh Growers Association, Concerned Citizens of King Township and other citizens reviewed their reasons for opposing the generator in the proposed location. Several challenged decisions by the Lake Simcoe Regional Conservation Authority that the YEC is not on the flood plain and that safe access has been achieved. A consistent theme voiced by the participants is that the proposed generator violates numerous sections of the Provincial Policy Statement and does not conform to the Greenbelt Plan. Also, very personal stories of the personal negative impact of the generator were heard which served to remind us that this is not an academic discussion. All argued that the reason to deny the application is the imperative to preserve green spaces and to ensure healthy agricultural lands for tomorrow’s children.

On April 6 and 7th conformity to the Greenbelt was argued at the hearing. King Township’s argument focused on 4.2.1 of Greenbelt Plan 2005 which defines two possible criteria for building infrastructure in Protected Countryside, of which one needs to proven. One witness, Mr. Dyment reviewed population growth in the Service area (i.e. area served by Armitage transformer) to illustrate that new rural population growth in the Greenbelt represents ~6% of total growth in the Service area. Mr. Kitchen (King Township Director of Planning), the second expert witness, focused on his interpretation that the YEC would not represent support to the agriculture and rural community; and he argued that the YEC is not an “infrastructure connection.” One of the many arguments he presented when addressing the the latter was the comparison to the the Holland Junction Transformer which is part of the transmission corridor and accordingly does conform.

Arguments against the above were presented by York Energy Centre. In addition Mr. Larry Clay of the Ministry of Municipal Affairs and Housing was a witness. He testified that that it is his Ministry’s opinion that the YEC does conform to the Greenbelt. Under cross examination he indicated that he had no evidence or documentation to support this position.

The OMB hearing reconvened June 4 to address some changes to the site plan. Given the strategic problem with the site plan (i.e. it is in violation of the Greenbelt Plan) the changes were minor with one exception. The latter was modification of grade to respond to LSRCA input.

YEC took advantage of the opportunity to request that the Chair delay rendering a decision until after the May 28 proposed regulation’s comment period is closed and the anticipated likely speedy approval by the Government. The Township’s lawyer argued equally strongly against this and requested a response as quickly as possible. The Chair did not make a decision.

King took advantage of the opportunity to request that the Chair delay the ICBL OMB hearing by 6-8 weeks. Rationale is the cost of preparation for a case which may be rendered obsolete by the May 28 regulation. YEC argued against this. Chair did not make a decision.

Application For License to Construct a Pipeline

Ontario Energy Board has approved Enbridge’s application to construct the 16.7 km pipeline. There are several conditions including the need to start construction by 12/31/10 or the approval expires. Councillor Underhill’s effort to introduce a bylaw with setbacks for the pipeline was not successful.

Lake Simcoe Regional Conservation Authority

We are very disappointed that LSRCA has approved the development permit. Earlier we were shocked that LSRCA ruled on March 22^nd that the proponent has achieved “safe access” by proposing to remove an existing laneway located along the northern property line. This laneway has acted as a barrier to flood flows in the area; by removing it the depth of flooding to the site as well as the depth of flooding to Dufferin Street will be reduced to levels that are considered to be safe i.e. less than 0.3 meters.

Interim Control Bylaw (ICBL)

King Township Council unanimously passed an ICBL January 18. In essence this ICBL indicates that Township is going to study and review land use planning across the whole Township (excepting the 3 villages and a few other designated areas) in the context of electricity generation facilities using non-renewable fuels. Specifically, during this period there can be no new projects of this type. The ICBL has a life of one year and can be extended a second. The proponent has already made an appeal.

Council approved the “work plan” for the consultants who have been hired to execute the study. It is good to see that we are not starting from “scratch” as Township has retained some of people who have done the ICBL work in Oakville. Given the approval of the Regulation, the ICBL will continue with the YEC site exempted from the review.

Application For License to Generate Electricity

Ontario Energy Board (OEB) issued its decision on March 23. OEB has decided to grant a license on two conditions: within three years (i.e. by March 23, 2013) proponent must receive site plan approval and provide proof of debt financing. The OEB’s lengthy response makes it quite clear that the interrogatories raised some serious questions and issues. The OEB notes that the application was initiated in June 2009 and that it was an “unusually long proceeding.”

Other Measures to protect our health, the environment that are under consideration

On March 23, 2010 Oakville MPP Kevin Flynn introduced a private members bill called the Separation Distances for Natural Gas Power Plants Act, 2010 into the Ontario Legislature today that is designed to protect the health and safety of Ontario residents. The Bill, if passed, would prohibit the construction of a natural gas power plant unless the plant is at least 1,500 meters from any land zoned for residential purposes or any land on which an educational facility, day nursery or health care facility is located.

The bill passed first reading and was debated April 22^nd. It will be forwarded to a standing committee for review and comment in the fall of 2010.

CCKT does not support the bill as it stands as we forsee that it would inevitably lead to an urban vs rural struggle as there is limited vacant/empty space in the urban environments of southern Ontario. If we want to preserve land for agriculture to grow our food, if we want to protect the aquifers which provide our drinking water we cannot for example be building heavy industry in the Greenbelt and on the Oak Ridges Moraine.

We fully agree that the current legislative and/or regulatory environment is not protecting us as well as it should. We believe that there needs to be a significant intervention in how the demand for electricity is resolved. Currently, Electricity Projects Regulation (Ontario Regulation 116/01) “Electricity

Projects Regulation” and its “Guide To Environmental Assessment For Electricity Projects” requires a gas-fired generator ≥5MW to be subject to only an Environmental Screening and Environmental Review Process. The latter are proponent driven; they do not include any assessment of need or a comparison of alternative solutions and they are not holistic.

Following the example of Oakville, Councillor Underhill has proposed that there should be a bylaw to protect health of citizens by regulating facilities emitting fine particulate matter. Staff is assessing this proposal. Oakville Councils have been recorded; listening to them provides good insight into this bylaw opportunity: both how it works and why it is so important. Visit http://www.towntv.ca/091222.htm and http://www.towntv.ca/100201.htm

Councillor Underhill has also proposed a bylaw requiring setbacks for gas pipelines. To supply the proposed generator a 15 km gas pipeline needs to be constructed. As it is high pressure one, its route past homes and schools is of significant concern.

There is a petition against the generator you can sign. To sign the petition go to: http://secure.gpo.ca/civicrm/profile/create?gid=3&reset=1

Protecting The Oak Ridges Moraine

CCKT has signed on a statement of support for Aurora to be granted a Consolidated Hearing on the Westhill development application. Very specifically the statement asks:

1) That the Ontario Court of Appeal grant leave to the Town of Aurora and order a Consolidated Hearing or the Westhill development application.

2) That any matter that is appealed regarding activities in the Oak Ridges Moraine Plan Area be adjudicated as a joint hearing of the Ontario Municipal Board and the Environmental Review Tribunal

3) That a special class of Permits to Take Water for water taking within the Oak Ridges Moraine Plan Area be established.

The Westhill Application is for Official Plan Amendment for lands surrounding the White Rose/Preston Lake Wetland Complex north of Bloomington Road and west of Highway 404 by Lebovic Enterprises for 75 detached residential condominiums and an 18-hole golf course along with clubhouse and maintenance buildings.

For more information visit http://earthroots.org/ind ex.php/Southern-Ontario/westhill-development.html

GTA East/ West Corridor Study

A study of future transportation needs is being conducted by the Province of Ontario to improve the movement of goods and services between growth centres of Brampton, Guelph, Milton and Vaughan. Parts of King Township may be affected by the outcome of this study. For more information go to: http://www.gta-west.com/

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Home About Us King Today News & Alerts Natural Heritage & Agriculture Transportation Communities: King City Nobleton Schomberg Hamlets King Speaks Poll Results King Tomorrow Sustainability Vision Resource Links Contact Us	King Today - News and Alerts Gas Fired Generator in Protected Countryside in Holland Marsh The OMB hearing for the interim control bylaw (ICBL) has been cancelled as the proponent (York Energy Centre) has withdrawn its objection as they have now been exempted from the Planning Act. The ICBL continues for it original purpose (i.e. to examine the issues associated with zoning energy infrastructure) except that now, the YEC site will not be included. The Province has exempted YEC from the Planning Act. The decision is very disappointing on many fronts. The speed with which it was enacted after the comment period closed demonstrates little respect for citizens and the municipality. The press release by the Province was only one more example of “spin” as there is now a new rationale for the plant, or at least the urgency of building it: 200 temporary jobs! (what about the 50,000 green energy jobs already promised).The media release also offers reassurance of stringent air emissions controls; but, ignores the fact that neither fine particulate matter or cumulative impacts are monitored or controlled. Finally, there continues to be no data to support the claims of urgency or need. We are very distressed as it appears that the OMB decision on conformityto the Greenbelt is not going to be rendered. It would surely be of benefit to Ontarians to allow the OMB process to be completed and to have a ruling as there will undoubtedly be future efforts to build infrastructure in the Protected Countryside. Having a ruling from the OMB and then the likely subsequent legal review associated with an appeal at the Divisional Court would be of value. Many concerned citizens, including CCKT and the Holland Marsh farmers are part of a joint appeal against the Ontario Government to force it to stop ignoring local democracy and concerns related to a gas generation plant being developed in King Township. The plaintiffs are seeking a judicial review claiming that the provincial government has ignored its own legislation, its own promises and its own procurement rules which has served to deny citizens and the municipality the right to have concerns properly aired and addressed. We hope that the Township will decide to join as a plaintiff. We will be posting information as to how additional people can support this claim. From our perspective, the Ontario Power Authority, an agency of the Government originally made a poor decision in selecting the YEC site as it is not in conformity with the Greenbelt. We have been arguing this since its selection in December 2008. The Ombudsman has been asked to investigate the procurement process. Overview of OMB case: The hearing on the site plan application by York Energy Centre LP to build and operate a gas-fired generator (YEC) in protected countryside of Greenbelt closed April 21. This case is pivotal to future uses in the Greenbelt. It is is the first application to introduce and build heavy industry in the Protected Countryside. The arguments by the two parties (YEC and King Township) focused on the Greenbelt Plan 2005, specifically 4.2.1 a and b. In this section the Plan defines that one of two prerequisites must be met for building infrastructure, such as YEC, in the Protected Countryside: either to support agriculture, rural settlement areas or the rural activity; or, to serve the growth expected in southern Ontario by “providing for the appropriate infrastructure connections.” The Township’s expert witnesses argued that the rural community’s growth is ~6% of the area’s projected growth and hence the generator is not required as “support.” They also presented many arguments that the generator is a source of electricity, and not an “infrastructure connection.” In summary King’s argument is that the Greenbelt’s vision is to protect agricultural lands and to protect natural heritage systems. In the Greenbelt Plan realizing this vision is paramount whereas the possibility to host various kinds of infrastructure is acknowledged and prerequisites for doing so are defined. YEC argued that in the Greenbelt Plan, infrastructure was not subordinate to agriculture land and natural heritage features. A critical part of the OMB process is the participants who have the local knowledge. At this hearing neighbours of the proposed site, Holland Marsh farmers, Holland Marsh Growers Association, Concerned Citizens of King Township and other citizens reviewed their reasons for opposing the generator in the proposed location. Several challenged decisions by the Lake Simcoe Regional Conservation Authority that the YEC is not on the flood plain and that safe access has been achieved. A consistent theme voiced by the participants is that the proposed generator violates numerous sections of the Provincial Policy Statement and does not conform to the Greenbelt Plan. Also, very personal stories of the personal negative impact of the generator were heard which served to remind us that this is not an academic discussion. All argued that the reason to deny the application is the imperative to preserve green spaces and to ensure healthy agricultural lands for tomorrow’s children. On April 6 and 7th conformity to the Greenbelt was argued at the hearing. King Township’s argument focused on 4.2.1 of Greenbelt Plan 2005 which defines two possible criteria for building infrastructure in Protected Countryside, of which one needs to proven. One witness, Mr. Dyment reviewed population growth in the Service area (i.e. area served by Armitage transformer) to illustrate that new rural population growth in the Greenbelt represents ~6% of total growth in the Service area. Mr. Kitchen (King Township Director of Planning), the second expert witness, focused on his interpretation that the YEC would not represent support to the agriculture and rural community; and he argued that the YEC is not an “infrastructure connection.” One of the many arguments he presented when addressing the the latter was the comparison to the the Holland Junction Transformer which is part of the transmission corridor and accordingly does conform. Arguments against the above were presented by York Energy Centre. In addition Mr. Larry Clay of the Ministry of Municipal Affairs and Housing was a witness. He testified that that it is his Ministry’s opinion that the YEC does conform to the Greenbelt. Under cross examination he indicated that he had no evidence or documentation to support this position. The OMB hearing reconvened June 4 to address some changes to the site plan. Given the strategic problem with the site plan (i.e. it is in violation of the Greenbelt Plan) the changes were minor with one exception. The latter was modification of grade to respond to LSRCA input. YEC took advantage of the opportunity to request that the Chair delay rendering a decision until after the May 28 proposed regulation’s comment period is closed and the anticipated likely speedy approval by the Government. The Township’s lawyer argued equally strongly against this and requested a response as quickly as possible. The Chair did not make a decision. King took advantage of the opportunity to request that the Chair delay the ICBL OMB hearing by 6-8 weeks. Rationale is the cost of preparation for a case which may be rendered obsolete by the May 28 regulation. YEC argued against this. Chair did not make a decision. Application For License to Construct a Pipeline Ontario Energy Board has approved Enbridge’s application to construct the 16.7 km pipeline. There are several conditions including the need to start construction by 12/31/10 or the approval expires. Councillor Underhill’s effort to introduce a bylaw with setbacks for the pipeline was not successful. Lake Simcoe Regional Conservation Authority We are very disappointed that LSRCA has approved the development permit. Earlier we were shocked that LSRCA ruled on March 22^nd that the proponent has achieved “safe access” by proposing to remove an existing laneway located along the northern property line. This laneway has acted as a barrier to flood flows in the area; by removing it the depth of flooding to the site as well as the depth of flooding to Dufferin Street will be reduced to levels that are considered to be safe i.e. less than 0.3 meters. Interim Control Bylaw (ICBL) King Township Council unanimously passed an ICBL January 18. In essence this ICBL indicates that Township is going to study and review land use planning across the whole Township (excepting the 3 villages and a few other designated areas) in the context of electricity generation facilities using non-renewable fuels. Specifically, during this period there can be no new projects of this type. The ICBL has a life of one year and can be extended a second. The proponent has already made an appeal. Council approved the “work plan” for the consultants who have been hired to execute the study. It is good to see that we are not starting from “scratch” as Township has retained some of people who have done the ICBL work in Oakville. Given the approval of the Regulation, the ICBL will continue with the YEC site exempted from the review. Application For License to Generate Electricity Ontario Energy Board (OEB) issued its decision on March 23. OEB has decided to grant a license on two conditions: within three years (i.e. by March 23, 2013) proponent must receive site plan approval and provide proof of debt financing. The OEB’s lengthy response makes it quite clear that the interrogatories raised some serious questions and issues. The OEB notes that the application was initiated in June 2009 and that it was an “unusually long proceeding.” Other Measures to protect our health, the environment that are under consideration On March 23, 2010 Oakville MPP Kevin Flynn introduced a private members bill called the Separation Distances for Natural Gas Power Plants Act, 2010 into the Ontario Legislature today that is designed to protect the health and safety of Ontario residents. The Bill, if passed, would prohibit the construction of a natural gas power plant unless the plant is at least 1,500 meters from any land zoned for residential purposes or any land on which an educational facility, day nursery or health care facility is located. The bill passed first reading and was debated April 22^nd. It will be forwarded to a standing committee for review and comment in the fall of 2010. CCKT does not support the bill as it stands as we forsee that it would inevitably lead to an urban vs rural struggle as there is limited vacant/empty space in the urban environments of southern Ontario. If we want to preserve land for agriculture to grow our food, if we want to protect the aquifers which provide our drinking water we cannot for example be building heavy industry in the Greenbelt and on the Oak Ridges Moraine. We fully agree that the current legislative and/or regulatory environment is not protecting us as well as it should. We believe that there needs to be a significant intervention in how the demand for electricity is resolved. Currently, Electricity Projects Regulation (Ontario Regulation 116/01) “Electricity Projects Regulation” and its “Guide To Environmental Assessment For Electricity Projects” requires a gas-fired generator ≥5MW to be subject to only an Environmental Screening and Environmental Review Process. The latter are proponent driven; they do not include any assessment of need or a comparison of alternative solutions and they are not holistic. Following the example of Oakville, Councillor Underhill has proposed that there should be a bylaw to protect health of citizens by regulating facilities emitting fine particulate matter. Staff is assessing this proposal. Oakville Councils have been recorded; listening to them provides good insight into this bylaw opportunity: both how it works and why it is so important. Visit http://www.towntv.ca/091222.htm and http://www.towntv.ca/100201.htm Councillor Underhill has also proposed a bylaw requiring setbacks for gas pipelines. To supply the proposed generator a 15 km gas pipeline needs to be constructed. As it is high pressure one, its route past homes and schools is of significant concern. There is a petition against the generator you can sign. To sign the petition go to: http://secure.gpo.ca/civicrm/profile/create?gid=3&reset=1 Protecting The Oak Ridges Moraine CCKT has signed on a statement of support for Aurora to be granted a Consolidated Hearing on the Westhill development application. Very specifically the statement asks: 1) That the Ontario Court of Appeal grant leave to the Town of Aurora and order a Consolidated Hearing or the Westhill development application. 2) That any matter that is appealed regarding activities in the Oak Ridges Moraine Plan Area be adjudicated as a joint hearing of the Ontario Municipal Board and the Environmental Review Tribunal 3) That a special class of Permits to Take Water for water taking within the Oak Ridges Moraine Plan Area be established. The Westhill Application is for Official Plan Amendment for lands surrounding the White Rose/Preston Lake Wetland Complex north of Bloomington Road and west of Highway 404 by Lebovic Enterprises for 75 detached residential condominiums and an 18-hole golf course along with clubhouse and maintenance buildings. For more information visit http://earthroots.org/ind ex.php/Southern-Ontario/westhill-development.html GTA East/ West Corridor Study A study of future transportation needs is being conducted by the Province of Ontario to improve the movement of goods and services between growth centres of Brampton, Guelph, Milton and Vaughan. Parts of King Township may be affected by the outcome of this study. For more information go to: http://www.gta-west.com/ Home Contact Us back to top design partnership cm@filamentgraphics.ca and www.webertise.ca Contact Webmaster In order to view all site content, a recent version of the Flash player and Adobe Reader are required