Divisional Court dismissed APAI's appeal of the Environmental Review Tribunal decision on Tuesday January 31, 2017. Counsel for APAI has submitted Leave to Appeal.


Windlectric/Algonquin, the company granted approval to blanket Amherst island with 26, fifty storey turbines, has commenced dock construction on Amherst Island. The Company has not submitted a Marine Safety and Logistics Plan required by MOECC nor has it submitted an Operations Plan acceptable to Loyalist Township. No acceptable Emergency Response and Communications Plan is in place. No Roads Use Agreement with the County of Lennox and Addington has been approved.


In its first weeks of work the company blatantly disregarded commitments to only use the Island ferry for dock construction, to not disrupt the ferry schedule, to give notice of traffic disruptions and to consult with Amherst Island Public School staff and parents concerning road safety by the school. Not a good beginning!


Construction also ignores a Road Use Agreement between the Township and Windlectric signed in October 2015. The Agreement stipulates that “Windlectric will host a Town Hall meeting to obtain feedback from the public and address concerns to minimize the level of disruption, disturbance and inconvenience to the Municipality’s residents.”


Call to Action


Please request Premier Wynne (premier@ontario.ca or 416-325-1941) and Minister Murray (minister.moecc@ontario.ca or 416-314-6790) to cancel the project without penalty because of the company's inability to achieve its Commercial Operations Date and because it's absolutely the right thing to do.


We are being bullied AND we are resilient, tenacious, and absolutely committed.


Chad test form and Captcha

To: Kathleen Pitt, Species at Risk Biologist Ministry of Natural Resources
Cc: Premier Wynne; Hon. David Oriazetti, Minister of Natural Resources; David O’Toole, Deputy Minister; APAI
Re: EBR Registry Number: 011-9446

I oppose the issue of an "overall benefit permit" by the Ministry of Natural Resources to Windlectric Inc. on Amherst Island posted on the EBR under registry number 011-9446.

Amherst Island, an Important Bird Area, is noted for its rich biodiversity that includes habitat for 34 species at risk and 3 provincially significant wetlands. Windlectric should not be given permission to disrupt, fragment, and destroy critical habitat on Amherst Island for the Bobolink, Eastern Meadowlark and Whip-poor-will. The hypothetical ‘overall benefits’ and "proposed minimization" are clearly insufficient to prevent construction from having serious and irreversible harm to the 3 species. The proponent has provided no scientific evidence that mitigation works.

The proposed approaches to minimize adverse effects on the species involve the purposeful destruction of habitat.

The proposed "overall benefits" will not strengthen the populations of affected species on Amherst Island either, but simply help to quantify the degree of serious and irreversible harm Windlectric will create in constructing their industrial wind facility. Allowing Windlectric to secure some property elsewhere to ‘create’ or ‘enhance’ habitat for the 3 species is an ineffective solution to a problem that will only exist if the Ministry issues this permit.

Astoundingly, the permit application omits many other species at risk well documented to use Island habitat. These species at risk include the Blanding's Turtle.

I understand that this application excludes migratory birds and bats as the Ministry believes they these species at risk will be only be impacted during the operational phase of the project. I dispute this position as the Endangered Species Act defines habitat to include "an area on which the species depends, directly or indirectly, to carry on its life processes, including life processes such as reproduction, rearing, hibernation, migration or feeding". Migratory birds and bats feed on Amherst Island and will be negatively impacted by the noise, dust and general disruption of construction activities that will blanket the Island just as the Bobolink, Whip-poor-Will and Eastern Meadowlark life processes will be disrupted. Documented evidence of the use of the Island habitat to either feed and/or use the island as a first landfall in the Spring or final gathering point in the Fall exists for: the Red Knot, Golden Eagle, Peregrine Falcon, and Least Bittern which must be addressed via the permitting process immediately.

The proposed construction restrictions from April 1 to August 15 mean that the work would be done during spring and fall migrations and during the peak period for wintering owls, hawks, and eagles. Construction at this time will create significant risk and irreversible harm to migratory and wintering birds on the Atlantic flyway. Half load restrictions on the Island's narrow roads beginning March 1 preclude heavy equipment movement in the early spring so that massive construction activities in a compressed timeframe will harm migratory and wintering birds. Amherst Island, the Owl Capital of North America, is simply not the right place for wind turbine construction at any time.

I and many other Ontarians and birders worldwide are deeply concerned by your consideration of this permit.

Please do the right thing and reject this permit to destroy much-needed habitat for threatened species.

Ontarians are watching.

Sincerely,

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