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:
- December 13, 2018: Thousands In Fines Offered For OT Work At Bala Falls
- December 14, 2018: Muskoka Lakes Keeps Noise Fines As Is For After Hours Work
- December 16, 2018: After Hours Work Continues At Bala Falls Says Councillor Zavitz
- December 19, 2018: $65,000 In Fines For Bala Falls Complaints
- December 20, 2018: Swift River Has Done Nothing Wrong Says VP
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.