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.


Windlectric fails to submit Marine Safety and Logistics Plan

Category: Uncategorized

Amherst Island is served by the talented and professional crews of the Frontenac 11 ferry 365 days per year. The ferry is the lifeline for the Island. People work, children go to school, and the absence of services on the Island means that everyone shops and gets gas and attends appointments using the ferry. Most importantly, the ferry provides transport for ambulances and back-up fire equipment from the mainland. In this context, APAI has expressed its strong concern about the lack of a Marine Safety and Logistics Plan for the proposed Amherst Island wind project.

Technical expertise is required to simulate the barge and ferry schedules and conflicts and to present a Plan that addresses the high risk to the community and the environment. Windlectric has had 17 months to submit the required Marine Safety and Logistics Plan and has failed to do so. Accordingly Minister Murray is requested to cancel this ill-conceived and unneeded project.

APAI’s open letter to Minister Murray and Premier Wynne

Dear Minister Murray

What were MOECC staff thinking when they allowed dock construction to proceed without the required Marine Safety and Logistics Plan especially in winter? Who is accountable if there is a marine accident, explosion, fire, collision, spill or other incident?

A brief is attached describing the high risk to public and environmental safety and the absolute folly of allowing work in the absence of a Marine Safety and Logistics Plan. To my knowledge this is the only project under the Green Energy Act on an Island and its unique circumstances demand absolute compliance with your own Ministry’s requirements, specifically submission of a Marine Safety and Logistics Plan.

In Divisional Court MOECC counsel assured the Court that the Minister has the ability to question the adequacy of an Emergency Response and Communications Plan for the Amherst Island Wind Project. As you can see from the attached letter Loyalist Township deem the Emergency Plan deficient in many respects. Please address the Township concerns.

Presumably you have the same ability to ensure the very existence as well as adequacy of a Marine Safety and Logistics Plan. NO plan exists and yet tugs, barges and small craft are working daily, transporting hazardous materials and and fueling in Lake Ontario.

The Association to Protect Amherst Island’s preferred action on your part is to accept our appeal on matters other than law. However, we are aware that that decision is held in abeyance pending the outcome of our appeal to Divisional Court.

In the meantime, please address the immediate high risk to public and environmental safety and stop ALL construction until such time as a Marine Safety and Logistics Plan acceptable to Loyalist Township and the County of Lennox and Addington is submitted. Please ensure that the Plan has strong enforcement provisions and penalties as the proponent has failed to comply with its own commitments in the first few weeks of the project.

The safety of our channel, our environment, and our community is at risk and we rely on your immediate action.

Thank you.

Michèle Le Lay
President
Association to Protect Amherst Island