Revocation of Renewable Energy Approval for Ostrander Point Wind Park

Author: Environmental Review Tribunal, Ontario | Law, Ontario

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Decision delivered by Heather I. Gibbs and Robert V. Wright —

The Director, Ministry of the Environment and Climate Change (the “Director”) issued a renewable energy approval (the “REA”) on December 20, 2012, to Ostrander Point GP Inc. as general partner for and on behalf of Ostrander Point Wind Energy LP (“Ostrander”) to install nine wind turbine generators, with a total installed nameplate capacity of 22.5 megawatts, and supporting facilities (the “Project”) on the Ostrander Point Crown Land Block (the “Site”).

The Ostrander Point Crown Land Block is 324 hectares of provincial Crown land located about 15 kilometres (“km”) south of Picton on the south shore of Prince Edward County, and is one of the least developed areas of the County. It is bordered by three roads and Lake Ontario to the south. It contains a provincially significant wetland in the southeast corner and is known for its alvar vegetation. It is used for recreational purposes such as camping, hiking, “birding”, and all-terrain vehicles.

The Project would require the construction of approximately 5.4 km of gravel access roads on the Site that would be approximately 6 metres (“m”) wide with larger turnarounds. The access roads would be used to construct the wind turbines, for their ongoing maintenance, and are to be removed after decommissioning. …

Having weighed all of the relevant considerations, the Tribunal finds that the remedies proposed by Ostrander and the Director are not appropriate in the unique circumstances of this case. The Tribunal finds that the appropriate remedy under s. 145.2.1(4) is to revoke the Director’s decision to issue the REA.

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