See also MIRANET articles:
• Decision re: Power Plant: Announcement, Sept. 30, 2009
• TransCanada Proposal: Oakville Generating Station (OGS)
• ENVIRONMENTAL ASSESSMENT re: Power Plant
• Oakville Interim Control By-law (Power Plant): OMB Decision
• Oakville Health Protection Air Quality By-law 2010-035
• Oakville Private Member's Bill 8

Above is a photo (click here to view each sign) taken on March 1, 2010, of the public notices (Oakville Committee of Adjustment) on the fence of the Ford property at 1500 Royal Windsor Drive, which is the subject site as proposed for TransCanada's 900MW Oakville Generating Station (OGS).  © All photos copyright.

Reverse Chronology:

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."

BILL 8: An Act to establish separation distances for natural gas power plants went to Second Reading and debate in the Legislature on April 22, 2010 and passed 28-1. This private member's bill, sponsored by Oakville MPP This e-mail address is being protected from spambots. You need JavaScript enabled to view it , is now referred to the Committee on General Government.  Click to view the MIRANET article about Bill 8.

Oakville Beaver article (March 24, 2010): Flynn wants minimum 1,500 metres between homes and power plants.  Excerpt: "Oakville MPP This e-mail address is being protected from spambots. You need JavaScript enabled to view it has introduced a private member’s bill that, if passed, will make it impossible for TransCanada to build a 900- megawatt gas-fired power plant on the Ford-owned lands of 1500 Royal Windsor Dr."

Mississauga News article (April 15, 2010): City may be targeted for power plant: Mayor.  Excerpt: "Mayor This e-mail address is being protected from spambots. You need JavaScript enabled to view it is concerned TransCanada may turn its sights on south Mississauga to locate its 900-megawatt gas-fired power plant if the corporation is stymied in its bid to put the facility in Oakville. ... Now Mississauga officials are getting concerned that TransCanada may fail in its bid or grow weary of the protracted fight.  They fear the company might then try to locate the plant in Clarkson."

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."

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.
Click to view the Report: Power Generation Facilities Study Update (5p), Appendix A – Land Use Policy study for Power Generation & Cogeneration Facilities (201p), and Appendix B – Public Consultation Strategy (2p).  Click here to view MIRANET article about Oakville's ICBL.

March 15, 2010: In an e-mail forwarded to MIRANET, This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Vice-President, Communications, Ontario Power Authority (OPA), stated: "I know there has been a lot of speculation in your community about whether a SWGTA gas-fired generating facility could end up in back in your municipality [Mississauga].  Let me assure you, that we have every confidence that TransCanada [Energy] (TCE) will deliver on its contract to build the Oakville Generating Station at its proposed site.  I think that answers your third question, which is, yes the site is in the contract (which is publicly available on our web-site)."

March 9, 2010: Oakville Committee of Adjustment hearing at Oakville Town Hall.  Click here to view the applications by Ford Motor Company of Canada concerning its property at 1500 Royal Windsor Drive (map).

COMMENTS: Click here to view the 49-page Comments and Recommendations by the Secretary of the Committee of Adjustment with attached letters from the community in regard to the applications, submitted prior to the Hearing.

DECISIONS: The applications were denied.  Click here to view the written Notices of Decision issued by the Oakville Committee of Adjustment (see pages 2-3 of the PDF).

APPEALS: Last dates for filing appeals to the Ontario Municipal Board: April 1, 2010 (Severance); March 29, 2010 (Variances).  As of March 30, 2010, TransCanada has appealed all these decisions to the Ontario Municipal Board.

The Ford submissions to the Committee were as follows:
1. B10/03/1606: a consent to sever and convey a parcel of land at 1500 Royal Windsor Drive in Oakville;
2. C.A.V. A/023/2010: to permit two "minor variances":
a) reduced minimum rear yard setback abutting the Canadian National Railway of 7.5m (minimum setback abutting a railway under present zoning is 15m).
b) reduced minimum parking space requirement for employee parking of 24 spaces (minimum requirement under present zoning is 214 spaces).

Approvals are necessary to permit the construction of a power generating facility on the property as proposed by TransCanada Energy.
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REPORT on the Committee of Adjustment Hearing

Provided by: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Vice-President, Meadow Wood - Rattray Ratepayers' Association, in attendance at the March 9th Hearing:

TransCanada's lawyer began by asking for a deferment for the variances because they hadn't had time to prepare and needed another month.  NOTE: The Interim Control By-law is up for renewal at the end of March.  The COA (Committee of Adjustment) did not grant the deferral request.  The COA listened intently to the citizen deputations.

Severance application B10/03 (1606)
Ford's lawyer presented for the land severance.  City of Oakville lawyer said the land could not be severed while there is an interim by-law in place.  The COA refused the severance until the Interim Control By-law has been decided.  COA also stated that under the Ontario Planning Act, ultimate use of the land can be a factor and considered in its deliberation -- Ford asked COA to only consider the present zoning.

Variances C.A.V. A/023/2010
TransCanada's lawyer stated repeatedly that he could not address the variance as it needed to be deferred and had nothing else to say; he didn't answer any questions from the COA.  Oakville's lawyer stated that since there is no severance then there can be no variance.  She also stated that there can be no variance granted while there is an interim by-law in place.  The variance was denied due to TransCanada's lack of preparedness (inability to answer COA questions); as well, any variances should also wait until after the Interim Control By-law has been decided.  TransCanada continued to ask for deferment.  COA noted that TransCanada could have withdrawn the variances once the deferment was not granted, but chose not to.  It was also noted that the setback variance (15m reduced to 7.5m) could be dangerous as that land included the ammonia tanks on the proposed power plant site.  The Mississauga Train Derailment and Evacuation of 1979 was cited.  The reduced parking requirement variance was also shown by a deputant to be dangerous in the event of an emergency at the plant site.  The COA also noted Oakville's position that since there was no severance, the variances could be moot.
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MEDIA COVERAGE of the Committee of Adjustment Hearing

Toronto Star and Hamilton Spectator (Torstar Network - March 11, 2010): Oakville temporarily blocks gas-fired power plant.  Excerpt: "This week, the committee turned down the application, meaning no construction can take place until the interim control bylaw expires or if the proponents successfully appeal the decision to the Ontario Municipal Board.  The bylaw is due to expire on March 31, but council has the authority to extend it for up to one more year."

Globe and Mail article (March 11, 2010): Oakville temporarily blocks building of gas-fired power plant.  Excerpt: "Oakville has temporarily blocked TransCanada Energy's plan to build a 900-megawatt natural gas-fired power plant next to the Ford car plant on the edge of the town.  Tuesday night, the Committee of Adjustment denied applications from the energy company and from Ford Motors ... Oakville Mayor This e-mail address is being protected from spambots. You need JavaScript enabled to view it ... While he called the committee's denial 'good news,' he said he didn't know whether it would stop construction since the committee's decision can be appealed to the Ontario Municipal Board."

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."

Oakville Beaver article (March 10, 2010): Power plant land transfer denied.  Excerpt: "TransCanada's power plant project was dealt another serious blow, Tuesday night, when the Town's Committee of Adjustment denied an application to allow Ford to transfer a parcel of land to the energy giant.  The move is significant as without the 5.51 hectares of land TransCanada will not be able to build the 900-megawatt gas-fired power plant proposed for the area, located at 1500 Royal Windsor Dr.  In their ruling, committee members listed the Town's interim control bylaw as their primary reason for voting against the application.  TransCanada and Ford can appeal the committee's rulings to the OMB, but have yet to confirm whether they will pursue this course."