As noted in our previous e-Newsletter, the dangerous hydro-electric generating station being built in Bala is all the Province’s doing; they provided the land, the approvals, and would unnecessarily pay a highly-subsidized rate (more than $100,000,000 over the 40-year contract) for power produced.
Indemnification
As the Township of Muskoka Lakes has always been an unwilling host, if there are any legal actions brought against the Township due to injuries resulting from the operation of this dangerous industrial facility, then the Province should pay 100% of any legal, punitive, and other costs. We presented this to the October 16, 2019 meeting of the Council of the Township of Muskoka Lakes, and after significant discussion Council directed Staff to gather input from legal Counsel, the Township’s insurance company and others over the next month. Media coverage by Muskoka Post here, and MuskokaRegion.com here.
Obstruction to boating
As detailed here, another significant issue is that the proponent’s “safety plan” would actually create new dangers. In addition, the proponent’s works preventing people from safely using the adjacent docks would have negative economic impacts. We presented this to the November 13, 2019 meeting of the Council of the Township of Muskoka Lakes.
For this meeting, the Township Staff prepared this report which notes:
- The Ministry of Natural Resources and Forestry (MNRF) has not yet transferred to the proponent the responsibility to operate the Bala dams (and therefore to control the water level of Lake Muskoka).
- The Ministry of the Environment, Conservation and Parks has still not provided the Permit to Take Water to the proponent, so the proponent cannot operate their hydro-electric generating station.
- The MNRF has not yet approved the proponent’s Amendment to the Muskoka River Water Management Plan, so the proponent cannot operate their hydro-electric generating station.
- The proponent will “attend the December 11, 2019 meeting of Council to explain the safety features that are/will be incorporated into the safety measures …”. This will be very interesting to hear as the proponent will make:
- Uselessly narrow statements, such as that their upstream safety boom would be angled and therefore allow self-rescue. This is like bragging that your car is safe because it has bumpers while ignoring that it has no doors or seatbelts. The proponent needs to consider the whole of the mess they are creating and have their safety plan approved by an organization with the required expertise.
- Incorrect statements such as that their safety plan conforms to the Canadian Dam Association’s Guidelines for Public Safety Around Dams, but it would not as these Guidelines require that safety booms delineate hazardous areas but the proponent’s own information shows their generating station would create flows of more than three times what Transport Canada says is safe for kayaks, and these fast flows would extend outside of the proponent’s proposed downstream safety boom.
The Resolution
The Township had indeed done their preparation over the past month and at the November 13, 2019 Council meeeting unanimously passed this very thorough Resolution, which states that the Township of Muskoka Lakes continues to be an unwilling host for this generating station, and requests that the Province:
- Continue to operate the Bala dams and control water levels as the Township has no assurance that the proponent would do this in the best interest of the public (note that the Muskoka River Water Management Plan is all about accommodating hydro-electric power generation, not safety for the public).
- Not permit the operation of the hydro-electric generating station from May 1 to November 1 each year.
- Require the proponent to compensate both Purk’s Place and the Township for negative economic and recreational hardship caused by the relocation of safety buoys and the operation of the Hydro Generating station.
- Indemnify the Township of Muskoka Lakes due to adverse impacts on safety due to the changed flows.
This is a great example of this Mayor Harding and the rest of Council stepping-up to protect the businesses and area’s economy, and ensuring public safety for the Township of Muskoka Lakes.
Media coverage by MuskokaRegion.com here.