| Oakville Interim Control By-law (Power Plant): OMB Decision |
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See also MIRANET articles: ICBL EXTENDED: Per Town of Oakville, Planning and Development Council Meeting (March 29, 2010): Agenda Item 6. Excerpt: "Recommendation 2. That By-law 2010-065, [click to view] a by-law to extend Interim Control By-law 2009‑065 respecting the location of power generating facilities in Oakville be passed." The ICBL was extended to March 29, 2011. Evidence was heard on October 13-16, 2009, with final submissions heard on October 20, 2009. Hundreds of citizens attended at various points in the Hearing. All media coverage of the Hearing is listed further below. Citizen deputations took place on October 15, 2009: • Deputation by Oakville citizen Susan Hyatt. The ICBL expires after one year on March 30, 2010. It can be extended for up to another year (with provincial approval). Click to view the Town of Oakville's corporate staff report (March 16, 2009) concerning the ICBL and OPA as passed on March 30, 2009. Click here to view the OMB status table of this case. Oakville Beaver article (June 18, 2010): TransCanada files challenge against air quality bylaw. Excerpt: "TransCanada Energy has launched a court challenge of an Oakville bylaw it claims is vague, unreasonable and 'enacted in bad faith for the improper purpose of preventing, delaying or frustrating the construction and operation of the Oakville Generating Station.' The company, which has been given a provincial contract to build and operate a 900-megawatt gas-fired power plant on Ford Motor Company land at 1500 Royal Windsor Dr., filed its challenge of the Town’s Health Protection Air Quality Bylaw last week. The application asks the Ontario Superior Court of Justice to quash the bylaw, which the company claims exceeds the Town’s legislative authority, was enacted in bad faith, contravenes existing environmental legislation and is invalid due to vagueness. As well, the application asks the court to rule that the company had the legal right to use the property for the generation of electricity as of March 31, 1999, and to permit that use of the property 'despite any bylaw, or any other land use control or prohibition of the Town of Oakville.' ... In a letter to Town of Oakville lawyer Doug Carr, solicitors for TransCanada note that they are requesting the court combine the hearing of this new application with a previous one filed by the company challenging the Town’s interim control bylaw concerning new power plants." Town of Oakville, Public Notice (April 28, 2010): Notice of interim control by-law passing - power generation facilities. Note the last date for Appeal is May 28, 2010. April 28, 2010: An Open House was held by the Town of Oakville to provide members of the public with an opportunity to become familiar with the intent, content and implications of the draft Land Use Policy study for Power Generation & Cogeneration Facilities (201p). This study is being conducted further to the intent of the town's Interim Control By-law. Click for the Town of Oakville's news release with more details about the Open House. Town of Oakville, News Release (March 30, 2010): Town to defend its interim control by-law against TransCanada court actions. Excerpt: "The town will defend its interim control by-law against TransCanada Energy's latest court action, which seeks an order from the Ontario Superior Court of Justice enabling TransCanada to move forward with its plans to build a 900 megawatt power plant at 1500 Royal Windsor Drive, despite the by-law's prohibitions. ... TransCanada's application will be heard on June 24. In addition, TransCanada is appealing its site plan, minor variance and severance applications regarding the proposed power plant to the Ontario Municipal Board (OMB). A date for the hearing of these appeals has not yet been set. ... Another application from TransCanada seeking leave to appeal the decision made by the OMB last December to uphold the town's interim control by-law is also before the courts." Oakville Beaver article (March 30, 2010): Interim bylaw extension prompts legal action by TransCanada. Excerpt: "Fresh legal action from TransCanada failed to keep Town councillors from voting to extend an interim control bylaw, which is threatening to hold up construction of the 900-megawatt gas-fired power plant proposed for the Ford-owned lands of 1500 Royal Windsor Dr." Town of Oakville, News Release (March 30, 2010): Town's interim control by-law extended to complete land use policy study on power generation facilities. Excerpt: "Oakville Council approved the extension of the town's interim control by-law prohibiting power generation facilities with a generating capacity greater than or equal to 10 megawatts from being built in Oakville. This extension until March 30, 2011 allows the Land Use Policy for Power Generation and Cogeneration Facilities study that Council received last night, to be considered by the public before staff brings official plan and zoning by-law amendments to Council in the fall. ... An open house will be held on April 28 from 2 to 9 p.m. and facilitated workshops are scheduled for May 18, 20 and 31 from 7 to 9 p.m. The town will provide detailed information about these meetings in the near future." ICBL EXTENDED: Per Town of Oakville, Planning and Development Council Meeting (March 29, 2010): Agenda Item 6. Excerpt: "Recommendation 2. That By-law 2010-065, [click to view] a by-law to extend Interim Control By-law 2009‑065 respecting the location of power generating facilities in Oakville be passed." The ICBL was extended to March 29, 2011. Town of Oakville, News Release (March 10, 2010): Committee of Adjustment denies power plant applications in support of town's interim control by-law. Excerpt: "The Town of Oakville's Committee of Adjustment issued a decision last night that denied applications by Ford Motor Company of Canada and by TransCanada Energy Limited to convey the lands at 1500 Royal Windsor Drive for the purposes of constructing a proposed 900 megawatt power generating plant and to permit variances to the town's zoning by-law. This decision upholds the town's interim control by-law prohibiting a power plant with a generating capacity greater than or equal to 10 megawatts from being built in Oakville until the town completes its planning studies." NOTE: Click here to view the MIRANET article about the Committee of Adjustment hearing. Toronto Star article (Jan. 20, 2010): King Township tries to derail power plant. Excerpt: "It may only delay what some believe is inevitable, but King Township is doing its best to derail plans for a natural gas-fired power plant in York Region. Councillors voted Monday night for an interim control bylaw that would prevent Calgary-based power developer Pristine Power from constructing the controversial "peaker" facility until land-use issues are more thoroughly studied, which could take a few months. ... King is the second municipality in less than two months to throw a wrench in provincial plans to power more of the GTA and surrounding communities with natural gas. Oakville passed a similar interim bylaw last March to slow attempts by TransCanada Energy Ltd. to build what's expected to be the largest natural gas-fired plant in Canada, on property owned by Ford Motor Co. TransCanada and Ford appealed to the Ontario Municipal Board, which upheld the bylaw. TransCanada has appealed that decision to Ontario Superior Court." APPEAL OF OMB DECISION: (Filed Dec. 21, 2009): TransCanada Energy is seeking leave from Ontario Superior Court (click here to view Court filing) to appeal the Dec. 4, 2009 OMB Decision (per below) which upheld Oakville's Interim Control By-law 2009-065 and gave support to municipal rights in the matter of location of power plants. Click here to view FAQs concerning OMB Decisions and Appeals of Decisions. Oakville Beaver article (Dec. 26, 2009): OMB power plant ruling appealed. Excerpt: "Passed by the Town of Oakville in March, the interim control bylaw drew attention from both TransCanada and Ford of Canada because it restricts the construction or expansion of power plants with a capacity greater than 10- megawatts until the Town is able to complete a detailed study determining what Oakville lands can best accommodate such power plants." DECISION POSTED: Ontario Municipal Board (OMB), Decision (Dec. 4, 2009): In the matter of Case PL090414, per the Hearing conducted October 13-20, 2009 regarding Oakville's Interim Control By-law 2009-065 (upheld as amended) and Official Plan Amendment 296 (not upheld), as appealed by Ford Motor Company of Canada and TransCanada Energy. Click to view the Town of Oakville's corporate staff report (March 16, 2009) concerning the ICBL and OPA as passed on March 30, 2009. Oakville Beaver article (Dec. 7, 2009): Split decision for Town at TransCanada OMB hearing. Excerpt: "'This is good news for our residents. The OMB has recognized the significant impact any proposed power plant could have on our community and is providing the town and its residents with the opportunity to fully study and address the potential environmental, land use, air quality and public safety impacts,' Mayor Rob Burton said. The town’s Legal department is reviewing the decision with outside legal counsel and will report back to Council with the detailed implications of this decision." Oakville Beaver article (Dec. 8, 2009): OMB ruling could pull plug on power plant. Excerpt: "With regards to the proposed TransCanada plant, [Oakville Mayor Rob] Burton noted the fact that the interim control bylaw has been upheld means a permit to begin construction cannot be issued until the bylaw expires on March 30, 2010." Mississauga News article (Dec. 8, 2009): Split decision for power plant. Oakville MPP This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Press Release (Dec. 9, 2009): Statement on the Ontario Municipal Board Decision. Excerpt: "The OMB underwent reform in the last few years and I am glad to see that, as a result of changes, the community was permitted to participate in the hearing and that the OMB made a decision that reveals a regard for local interest and municipal planning decisions." FURTHER BACKGROUND April 1, 2009: The Ontario Power Authority (OPA) announced the four (4) companies and their four (4) respective project sites which were registered to submit bids under an RFP (Request for Proposals) to build a new 850+ MW natural gas-fired power plant in the Southwest GTA. All the sites are located within the stressed Clarkson Airshed Study area: three (3) in South Mississauga and one (1) in East Oakville. Click here to view OPA's News Release, which includes a map of the registered sites. August 18, 2009: The OMB Pre-hearing took place. Click here to view the written decision of the OMB: Aug. 24, 2009 including the List of Issues to be examined. September 30, 2009: The Ontario Power Authority (OPA) awarded TransCanada a contract to build a 900 MW natural gas-fired power plant: Oakville Generating Station (OGS), on a 15 acre site provided by Ford of Canada on Royal Windsor Drive in Oakville: Ontario Power Authority (OPA) press release (Sept. 30, 2009): MEDIA COVERAGE OF THE OMB HEARINGS Oakville Beaver article (Oct. 20, 2009): Decision pending on power plant OMB hearing. Excerpt: "The arguments may be over, but the wait is just beginning. Lawyers for the Town of Oakville, TransCanada and Ford of Canada completed their closing statements, Tuesday, in an Ontario Municipal Board (OMB) hearing that could decide whether a 900-megawatt gas-fired power plant comes to Oakville. ... TransCanada lawyer Neil Smiley said allowing the [interim control] bylaw to stand would be crippling to the TransCanada project, which has a contract with the Ontario Power Authority requiring them to supply 900-megawatts of power by 2013. With all evidence heard the task now falls to [OMB Chair Aristotle] Christou to determine whether the two planning measures should be overturned. A decision on this issue is not expected for several weeks." Mississauga News article (Oct. 21, 2009): Power plant in OMB's hands now. Click here for Global News video, broadcast Oct. 13, 2009, concerning the location of the plant and the first day of the OMB Hearing. Oakville Beaver article (Oct. 13, 2009): Power plant opponents pack OMB hearing. Excerpt: "The first decision made by the chair of an Ontario Municipal Board (OMB) hearing, which could decide whether a 900-megawatt gas-fired power plant comes to Oakville, was to move the proceedings to a larger venue. Hundreds of power plant opponents packed Town Hall’s committee rooms, Tuesday morning, many holding picket signs stating ‘Power Plants and Homes Don’t Mix.’" Oakville Beaver article (Oct. 15, 2009): Town defends actions at OMB hearing. Excerpt: "[David] Butler, who has been retained by the Town to conduct a power generation study while the interim control bylaw is in place, was qualified to testify before the hearing as an expert of land use planning matters. ... 'In the urbanized area of Toronto and immediate Greater Toronto Area the new power authority operating model of the 850-900-megawatt primarily gas-fired plants really has been on the planning landscape only since about 2005,' said Butler. 'There may be other exceptions that I’m not aware of, but in terms of most knowledgeable planners, this is a relatively new kind of industry and new kind of land use that was not anticipated by Oakville and certainly not anticipated by most other municipalities. Where the Ontario Power Authority has approved a new facility, such as in Brampton or Mississauga, those municipalities have conducted studies and made amendments to their Official Plans because these things don’t fit.'" Oakville Beaver article (Oct. 16, 2009): Town bylaw could scuttle power plant. Excerpt: "Before hearing chair Aristotle Christou, [TransCanada Project Manager John] Mikkelsen stated that if the two planning measures are not set aside soon there could be significant impact to construction plans for the power plant project. ... 'There is no room in the contract with the OPA (Ontario Power Authority) for phasing or partial completion. TransCanada has to deliver the 900-megawatts by 2013.'" Mississauga News article (Oct. 16, 2009): Power plant fight continues. Excerpt: "'The dirty little secret is that, while a greenbelt has been created above the Golden Horseshoe and coal-fired plants are being eliminated, the Green Energy Act is being used as a battering ram to shove dirty gas-fired plants into neighbourhoods where millions of people will breathe the emissions ... For a century, this province has figured out how to place energy away from neighbourhoods. ... a cloud of questions hangs over this entire process.' [MIRANET]" Oakville Beaver article (Oct. 19, 2009): Residents back interim bylaw. Excerpt: "The hearing was another opportunity to show just how confused the provincial government has become concerning energy policy. ... the Ontario Power Authority's Integrated Power System Plan [IPSP], which outlines where Ontario's electricity system will go over the next 20 years, was submitted to the Ontario Energy Board in 2007, but never approved. 'As citizens we ask where is the accountability when the government's own energy strategy has yet to be reviewed and approved after more than two years, but harmful consequences for communities are nonetheless being perpetrated? It is bad planning to remove the protection of the interim control bylaw while the provincial policy governing potential use of the land has itself not been approved.' [MIRANET]" |