Court update, and the Township of Muskoka Lakes response

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Apr 142019
 

It appears that the Township of Muskoka Lakes continues to ignore and cater to the proponent, rather than represent the interests of their tax-paying residents, for example …
 

Next Court appearance
As noted here, on the 13 charges of breaking the Township of Muskoka Lakes Noise Control by-law in December 2018, the proponent’s first Court appearance was January 9, 2019 at the Ontario Court of Justice in Bracebridge. This first appearance was mainly to schedule a second Court appearance, which was set as April 10, 2019.

At this second Court appearance, the proponent was represented by Christopher Lee of Loopstra Nixon LLP. The main purpose of this appearance was to set a date for the Court “to be spoken to”, where the lawyers will update the Court on the status of their interactions (the Disclosure of details of the infraction, the responses, whether a settlement is being proposed, should the issue next go to trial or do the parties need more time to work towards a settlement …).

While this third Court appearance would only be a few minutes of the Court’s time, the Township of Muskoka Lakes lawyer stated he needed more than a month to review any additional materials the proponent’s lawyer may provide, so needed a date after mid-May. After going through many possible dates to determine when the Court and both lawyers would be available, the third appearance “to be spoken to” was set as July 10, 2019.

So even though the proponent has continued to break the Township’s Noise Control by-law by working after 9:00 pm (for example in late March when working at 3:00 am one of their huge hydraulic excavators ended up in the Moon River, as reported here, local copy here).
 

Notice of Default – NOT
As the Township of Muskoka Lakes has filed 13 charges of violating the Noise Control by-law (and this after-hours work has continued), clearly the Township has determined the proponent is not complying with the Township’s by-laws.

The Township of Muskoka Lakes’ lease of three parcels of Township land to the proponent has provisions for dealing with such situations, as follows:

  • Sections 8 (c) and 8 (e) states that that SREL (the “Tenant”) must comply with the by‐laws of the Township of Muskoka Lakes (the Landlord). This is an obligation of the proponent.
  • Section 15 states that: “If the Tenant shall default in performing or observing any of its other covenants or obligations under this Lease, the Landlord [the Township of Muskoka Lakes] shall give notice of such default to the Tenant.” Note this is “shall” and not “may”, the Township is required to issue such a Notice of Default.
  • Section 15 continues that: “If, after the expiration of … a period of sixty (60) days … the default shall continue to exist … at the option of the Landlord, this Lease shall expire as fully and completely …”
  • Section 8 (o) of the Lease specifies that SREL will pay any legal costs the Township incurs in enforcing the provisions of this Lease agreement.

That is, if the proponent breaks any Township by-laws, the Township is to send a Notice of Default to the proponent. If the proponent continues to break Township by-laws, then the Township can terminate the lease and the proponent is to pay the Township’s legal fees to do this.

While the Township may be cautious and not terminate the lease until the Court has agreed that an infraction has occurred, at least the Township could issue a Notice of Default, but they decline to do this.

That is, the Township has not been of much help in representing the interests of their tax-paying residents.

The proposed project would dump people into the water, and then drown them

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Feb 202019
 

Facts:

  • Historical flow data from Environment Canada’s water office shows that the proposed hydro-electric generating station at the Bala falls would run at its full 96 m³/s capacity an average of 21 days each summer. So the proponent’s water velocities shown in our composite graphic are valid. We have requested more than once that they detail any errors in our use of these values, but they have not provided any.
  • In the past, almost all flow in the summer has been through the Bala south channel, but this would be changed by the operation of the proposed generating station so almost all flow would be through the Bala north channel, which is directly adjacent to the municipal Town Docks and the boat rental, creating new and extreme dangers for in-water recreation there.
  • While safety booms are great for visibility, as reported by the Coroner for a drowning due to a hydro-electric generating station, “safety booms” actually create dangers as they tip boats held against them by the current, and the floats are too large to hold on to.

The most extreme risk would be to people in the water, for example because:

  1. They fell out of a canoe or a kayak at the boat rental docks.
  2. Their motor stalled approaching or leaving the Town Docks and their boat was drawn by the current to the upstream safety boom, where it was tipped by the current and the occupants did not know what  to do.
  3. They were Scuba diving off Diver’s Point and were drawn downstream by the current created by the proposed generating station.

These are all legal activities, to be expected in a navigable waterway and there are no signs in the Bala north channel prohibiting anything. The Ministry of the Environment, Conservation and Parks refused to respond to these most-extreme dangers in their February 6, 2019 letter, even though they have the responsibility to protect human life.

As the upstream safety boom would actually be part of the danger (tipping boats and the floats being too large to hang on to), once these people are past the upstream safety boom, they would be at the proposed generating station’s intake within 45 seconds, and that would be their end, as the station would have no local Operator or emergency stop button.

It would be a deadly booby-trap.

The government should not permit a private developer to endanger such people’s lives.

Proponent and government both refuse to respond to the most extreme dangers

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Feb 162019
 

Summary
The main dangers created by a hydro-electric generating station are for a person in the water:

  • Getting drawn-in to the water intake, and held underwater at the intake’s “trash racks”.
  • Losing buoyancy due to the turbulence and aeration of the water exiting the tailrace.

As you can see for yourself by reading the most-recent letter from the Ministry of the Environment, Conservation and Parks (the MECP, that has the responsibility to protect human life), they don’t respond to these concerns. Instead this evasive letter makes unrelated comments about boating and a vague statement about Diver’s Point (do they mean people can safely stand on it, or people can safely Scuba dive from it – which would become stupidly dangerous).

The proponent refuses to respond in any detail about the extreme dangers their proposed Bala station would create.

As detailed below, the proposed Bala station would make the water dangerous even for people outside of the safety booms. This would be a deceptive booby trap, and should not be allowed by the MECP.

The facts are:
The water flow through hydro-electric generating stations much smaller than the proposed Bala station have caused drownings both upstream and downstream.

  • So the danger is real.

The calculation used by both Transport Canada and the Ministry of Natural Resources and Forestry shows that due to the dangers created by the proposed Bala station, the upstream safety boom should be relocated farther upstream.

  • So the public would not be adequately protected from the dangers created.

While the large orange or yellow floats of a safety boom are good for visibility, the Coroner for an upstream drowning noted that these actually contribute to the danger as they can tip a boat and are difficult for a person in the water to hold on to.

  • So the public would not be adequately protected from the dangers created.

The MNRF installed buoys upstream of the Bala north channel to provide additional warning, but these – and warning signs – are of no benefit to people using the upstream boat rental docks or someone using the upstream municipal docks whose motor stalls, or is blown by the wind, or carried by the current downstream to the safety boom.

  • So the public would not be adequately protected from the dangers created

Historical water flow data shows that the proposed Bala station would operate at full capacity 96 m³/s an average of 21 days each summer, so safety at a flow of 96 m³/s does need to be considered.

The proponent’s own information (the coloured areas in our composite graphic) shows that at this full capacity flow, someone would be carried the 55 m from the upstream safety boom to the proposed Bala station’s intake in 45 seconds, in this time, nothing could be done to save them, as the proposed Bala station would not have a local Operator and apparently would not have a publicly-accessible emergency stop button.

Visiting more than 32 similarly-sized hydro-electric generating stations shows that they are not built in the middle of a popular in-water recreational area.

  • So the proposed Bala station would be unprecedented, the public safety measures are inadequate, so the project would be a deadly booby trap.

The proponent’s own information also shows they would cause the velocity of the water outside of their proposed downstream safety boom to be several times more than the 0.5 m/s which Transport Canada says is safe for canoes and kayaks.

  • So being outside of the proposed downstream safety boom would be dangerous, as people fall off stand-up paddleboards and inflatable rafts, and this should not be deadly in a navigable waterway, in front of public and private docks.

The Council of the Township of Muskoka Lakes has done what they can by unanimously passing a Resolution requesting the MECP not permit this dangerous facility to operate. We look forward to the MECP fulfilling this request and their mandate of protecting human life.

Press Release: Drown’n Doug Ford Doubles Down on Dangerous Bala Booby Trap

 1 Response »
Feb 122019
 

Drown’n Doug Ford Doubles Down on Dangerous Bala Booby Trap

Muskoka – February 12, 2019 – After five months of consideration, the Ford government has issued an evasive letter that does not answer the community’s questions about the extreme dangers the Bala hydro station would create. This letter was sent by the Ministry of the Environment (MECP) despite their having the responsibility to protect human life.

One extreme danger is there are municipal and boat rental docks just upstream, and the developer’s own information shows that after only 45 seconds anyone tipping out of a canoe or kayak there would be swept to the Bala hydro station’s intake. The force of the 100 tons of water per second entering the intake would hold anyone under water, and that would be their end. Tipping out of a canoe at a dock or your motor stalling when leaving a dock should not be the last thing you do.

The Council of the Township of Muskoka Lakes understands this would be unacceptable, and last month unanimously passed a Resolution requesting that the Ministry of the Environment not issue the permit the proponent requires to operate this dangerous hydro station.

Downstream would also be made unacceptably dangerous. The proponent’s own information shows their Bala hydro station would create water velocities outside of their proposed downstream safety boom that would be several times greater than the 0.5 m/s which Transport Canada says is safe for canoes and kayaks. Such water velocities would be even more dangerous for anyone falling off their stand-up paddleboard or inflatable raft, which people have a right to do safely in front of the only public docks on the Moon River.

Hydro-electric generating stations are industrial facilities that are too dangerous to be in the middle of in-water recreational areas. This is a fact, as much smaller stations have caused drownings both upstream and downstream.

“It is insane the government would allow a dangerous booby trap to be built in Bala. A year ago Doug Ford promised an investigation and to stop this project” said Allan Turnbull, long-time resident living near this proposed project: “smaller stations in the middle of nowhere have caused drownings, do we need to wait for a tragedy before Doug Ford realizes that his ‘Promise Made, Promise Broken’ is unacceptable here. Doug Ford knows the Bala hydro project is a scam, but by allowing this Liberal donor’s project to proceed, he’s being worse than [Liberal ex-Premiers] McGuinty and Wynne.”

-30-

Electronic version of this press release with links to the referenced letters at https://savethebalafalls.com/?p=9177

For more information:

Mitchell Shnier
Mitchell@SaveTheBalaFalls.com
416 712-1515

e-Newsletter, February 4, 2019

 No Responses »
Feb 042019
 

Too dangerous

  • On June 14, 2008, 19-year-old Victoria Cunningham was drowned due to a hydro-electric generating station in Québec. The Coroner stated the upstream safety boom apparently contributed to the danger as it was so large it both tipped the boat she and her friends were in, and it was not possible to hang onto it.
  • On June 3, 2013, 17-year-old Dacano Arno was drowned due to the intake of a hydro-electric generating station in Maine.
  • On July 26, 2008, 16-year-old Josue Sebastian Perez was drowned due to the tailrace turbulence of the Wilson's Falls hydro-electric generating station, which is about 45 km from Bala.

Grieving parents just want to know this could not happen again, yet not only would the proposed Bala hydro station be many times larger than two of the above generating stations, the Bala station would be in the middle of a swimming area. This would be irresponsibly stupid dangerous.

The proponent refuses to disclose their Public Safety Plan, no doubt because it can't be safe to operate a hydro station in the middle of a swimming area. For example, in the past the proponent has suggested useless steps such as having upstream buoys or an information kiosk for the first few years to educate people about the dangers. These would not solve the actual dangers, such as a stalled motorboat leaving the municipal docks, or someone falling out of a canoe upstream.
 

Too expensive – for 40 years!
Energy can cost more to generate from renewable sources, but as noted here, Ontarians would be paying more than double what other provinces and states would be paying for renewable energy. And this would be for 40 years, we would be paying this Liberal Mega-Donor even when Ontario doesn't need the power and even when Ontario could get less-expensive power elsewhere. Our children will rightfully be asking why our government was so stupid. Now is our time to stop the stupidity.
 

Doug Ford's promise to stop this scam of a project
On February 27, 2018 Doug Ford promised his government would have an investigation and that he would return to Margaret Burgess Park so we could hold him accountable. Would he rather do this now to stop this scam of a project, or after it has caused a drowning when he'll have to say how sorry he is for not doing it sooner to save a life.

Remarkably, the Premier doesn't even need to cancel anything, all we need is for the government to accept the request of the Township of Muskoka Lakes, and not issue the permit this deadly generating station needs to operate.
 

What you can do now

Send an e-mail to Premier Doug Ford, copying the Minister of the Environment (click here for the e-mail addresses), and add your local MPP's e-mail address too.

Let them know that it would be inexcusably dangerous to build a hydro station in the middle of a swimming area, and we know that the Ministry of the Environment has an obligation to protect human life.

Ask that the Ministry of the Environment not issue the Permit to Take Water. The public deserves this protection so this dangerous industrial facility cannot be operated until the public has been shown a Public Safety Plan that works. And ask for a reply.

Stupid expensive and stupid dangerous, Doug Ford what are you doing?

 No Responses »
Jan 282019
 

Summary
Unless the provincial government acts to stop the risk of drowning tourists who could not be adequately warned of the extreme dangers the proposed hydro-electric generating station at the Bala falls would create, for the next 40 years, Ontarians and their children would be forced to pay more than double the renewable energy costs paid in other states and provinces – even when Ontario does not need the energy.
 

Detail
As noted here, the proposed hydro-electric generating station at the Bala falls would produce the least power when Ontario needs it the most (in the summer), and it would produce the most power when Ontario needs it the least (in the spring). So it would be useless.

And for this useless power, Ontarians would pay more than 17 ¢/kW•h even when that power isn’t needed, and even though the two Ontario Power Generation station’s down the river produce power for about 4 ¢/kW•h.

We know that in ye old’en days renewable energy costed more to produce, but here are the current facts:

  • This Globe and Mail story is about a recent Alberta-based wind farm that will produce power for 3.9 ¢/kW•h, and this Globe and Mail story states that Hydro-Québec provides new generation for between 2.9 and 6.5 ¢/kW•h.
  • And this story (local copy here) is about a US-based offshore wind farm that will produce power for US 6.5 ¢/kW•h, which is about Cdn 7.8 ¢/kW•h.

That is, it would be stupid for Ontario to pay double for power that isn’t needed.

But wait, it gets worse.

The proponent could not post warning signs where they need to be, and they don’t have permission to locate the safety booms where they would need to be. As stated in this story (local copy here), the proponent thinks:

  • That a few warning buoys would protect the public. Buoys won’t help someone in a stalled motor boat that will quickly be drawn to the upstream safety boom. Buoys won’t help someone falling out a a canoe at the municipal docks or at the boat rental docks which are downstream of the buoys.
  • That their proposed project is “just like” hundreds of other hydro-electric generating stations. It would not be. It would be unprecedented to build a generating station as close to docks and swimming, canoeing, and Scuba diving areas.
  • Hydro-electric generating stations really do drown people, as noted here, drownings were both upstream and downstream of these dangerous industrial facilities which should not be located near recreational areas, and two of the drownings were at much smaller stations than is planned for Bala.

So the proposed project would be stupid expensive, and stupid dangerous. Doug Ford had a plan and a promise, but now he’s part of the stupid problem.

Premier Doug Ford’s Twitter feed, generating his own fake news

 No Responses »
Jan 282019
 

Let see how Premier Doug Ford is doing on his Twitter feed.

Very noble, on December 30, 2018 he reminds us he is all about Promise Made, Promise Kept, as if that is his New Year’s resolution, how did he do over the previous few weeks …

  1. But on November 28, 2018 Doug Ford criticized Prime Minister Justin Trudeau for his “job killing carbon tax”, but Doug Ford is not doing anything to prevent the construction of a tourist-killing generating station.
     
  2. And on December 4, 2018 Doug Ford criticized former Premier Wynne for her hydro scam and the next day for making future generations pay. But what about Doug Ford refusing to save Ontarian’s $70 million dollars, and instead plans on paying this to a Liberal government Mega-donor.
     
  3. Then on December 8, 2018 Doug Ford was proud to announce his government has repealed the Liberal’s Green Energy Act, however they do not intend to stop projects currently under construction.
     

On February 27, 2018 in Bala, now-Premier Doug Ford said:


• There’s a serious problem here. This project stinks of political interest and insider deals.
• As Premier, I would conduct a full investigation into this project, and make sure the local residents are armed with the facts.
• As Premier I will get answers, and I can assure you, I will get answers. I will drill down and find out who is part of the big scam.
• And as sure as I’m standing here, I’m going to come back, and each and every one of you can hold me accountable. I will be back here in the same spot, and we’re going to stop this project.

Premier Ford will you keep your word, or do you generate your own fake news.

e-Newsletter, January 24, 2019

 No Responses »
Jan 242019
 

Proponent continues to break Township of Muskoka Lakes by-law
As yet another disgusting example that the proponent has no respect for the public (and that they are desperately behind schedule), they continue to break the Township of Muskoka Lakes Noise Control by-law by working after 9:00 pm, and often all night.

As confirmation that the proponent knows this work is not allowed, last month they offered cash to the Township of Muskoka Lakes in the hopes of being allowed to continue this illegal work. They apparently believe that money should win over democracy. However, the Council of the Township of Muskoka Lakes showed they can’t be bought, and did not accept this.

Also last month, due to numerous complaints from the public, the Township of Muskoka Lakes filed a total of 13 charges against; the proponent, their project manager, and their sub-contractor.

More detail is here, and a previous article on this issue is here.
 

Proponent requests permit to operate their dangerous proposed project
The proponent now needs a permit – called a Permit to Take Water (PTTW) – from the Ontario Ministry of the Environment, Conservation and Parks (MECP, which used to be called the MOECC, and before that, the MOE). They must have this PTTW to operate their proposed hydro-electric generating station at the Bala falls.

Earlier this month the MECP notified the Township of Muskoka Lakes thatthe proponent had submitted their Application for a PTTW and that the MECP would accept comments on this Application.

While these permits are normally for purposes that are not directly dangerous such as for golf course irrigation and producing bottled water, the MECP’s responsibilities include protecting human life, and the proposed project would create extreme new dangers.

As a result, last week members of the community presented their concerns to the Township of Muskoka Lakes Committee of the Whole. As summarized here the Council of the Township of Muskoka Lakes subsequently passed a resolution to ask the province to not permit operation of the proposed project at least during the tourist season (MuskokaRegion.com article here).

The MECP stated they will accept comments (hopefully from the public as well) until February 1, 2019. The comments submitted by SaveTheBalaFalls.com are here.
 

What you can do to help

Send an e-mail to the PTTW evaluator, copying the Minister of the Environment (click here for the e-mail addresses, you can add others such as Premier@ontario.ca and Norm.Miller@pc.ola.org). Let them know that:

Now is the time for the MECP to protect the public, I request that the MECP not issue the PTTW until the proponent has provided a Public Safety Plan which has been determined to be acceptable by an unbiased organization with the required expertise, such as the Royal Life Saving Society Canada.

Township of Muskoka Lakes asks province to not permit operation of proposed project

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Jan 232019
 

On January 3, 2019 the Township of Muskoka Lakes received a notification from the Ministry of the Environment, Conservation and Parks (MECP) that the proponent had submitted an Application for a Permit to Take Water (PTTW). The proponent requires this permit to draw the water needed to operate their proposed hydro-electric generating station at the Bala falls. The MECP’s notice stated that the MECP would accept comments for 30 days, which would be to February 1, 2019.

Normally the MECP’s assessment for such Applications only considers factors such as whether the water would be used as efficiently as possible, and whether the water would be removed from the watershed (for example, shipping bottled water elsewhere).

But the MECP’s obligation is to consider adverse environmental impacts, and protecting the environment includes protecting human life. As the proposed project would create risks to human life, we and others delegated to the January 17, 2019 meeting of the Township of Muskoka Lakes’ Committee of the Whole, the SaveTheBalaFalls.com presentation is here.

Our main points were:

  • Hydro-electric generating stations much smaller than the proposed Bala project have caused drownings.
  • These drownings have been both upstream and downstream of hydro-electric generating stations.
  • The grieving parents wanted to know such avoidable fatalities would never happen again, so it is up to us to do what we can.
  • Township public docks are both upstream and downstream of the proposed project, also nearby is Diver’s Point and Purk’s Place.
  • While the requirements for Public Safety Plans are well-documented, there is no obligation these be workable.

We therefore requested that the Township of Muskoka Lakes provide comment to the MECP that asks that the proposed project not be permitted to operate until there is an adequate Public Safety Plan which has been approved by an unbiased organization with the required expertise.

At their meeting on January 18, 2019, the Council of the Township of Muskoka Lakes unanimously passed a Resolution which re-stated that they continue to be an unwilling host for this proposed project, and also included:

“Now Therefore Be It Resolved that the Council of the Township of Muskoka Lakes requests that:

  • Permission to take water, due to negative impacts, be denied.
  • And / or, at minimum, that a condition be required to not allow water to be drawn during the in-water recreational permit (May 15 – Nov 1).”

We are very happy to see the Township of Muskoka Lakes taking a step to do what they can to protect the public.

MuskokaRegion.com has published this article.

Proponent continues to break Township’s Noise Control by-law

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Jan 212019
 

The Township of Muskoka Lakes Noise Control by-law does not allow construction work after 9:00 pm.

As part of the previous Council’s enabling of the proponent to construct a dangerous hydro project, in the lease of Township lands to the proponent, the Township agreed to pass a by-law providing the proponent an exemption to the Noise Control by-law, but only for the specific purpose of allowing the proponent to run electric water pumps all night, as they claimed they needed to pump water out of their excavation.

The proponent’s mess of a project is so late that for more than a month they have been working all night, to try to meet some approaching deadlines (such as the removal of their upstream cofferdam before April 1, and demonstrating full commercial operation by May 11, 2019). The proponent has therefore been contravening the Township’s Noise Control by-law and in December 2018, the proponent offered to pay the Township to be allowed to do this. As it would set a mighty bad precedent for the Township to accept cash to excuse a private developer from inconvenient by-laws, the Township of Muskoka Lakes rejected this offer.

On December 13, 2018, SaveTheBalaFalls.com delegated to the Township of Muskoka Lakes’ Committee of the Whole on this issue, the presentation is here. We requested that the Township enforce their by-laws. 

The proponent has since decided to continue to contravene the Township’s Noise Control by-law. As a result of many complaints received, in December 2018 the Township of Muskoka Lakes filed a total of 13 charges with the Ontario Court of Justice – Provincial Offences Division, as follows:

  • Swift River Energy Limited, five counts for violation of noise by‐law 2005‐83.
  • CRT Construction, five counts for violations under the noise by‐law 2005‐83.
  • Frank Belerique, three counts for violations under the noise control by‐law 2005‐83.

The Township has stated they may add additional charges if more complaints are received.

The 1st Court appearance for these charges was January 9, 2019 at the Ontario Court of Justice, 76 Pine Street, Bracebridge. Responding to all 13 charges was the proponent’s lawyer Quinto Annibale of Loopstra Nixon LLP. At this appearance, Counsel for both the Township and proponent stated that to provide time to exchange information, and due to the earliest date they were both available, they requested the next Court date to be April 10, 2019. The presiding Judge therefore set the next Court date at 9:00 am, Wednesday April 10, 2019.

MyMuskokaNow / MooseFM has done a fantastic job of reporting this on-going story:

As of January 21, 2019, we note that the proponent continues to work after 9:00 pm, therefore continuing to contravene the Township’s Noise Control by-law, and continuing to show no respect or regard for the public.

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