Canadian Lawyer InHouse

September 2015

Legal news and trends for Canadian in-house counsel and c-suite executives

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When turtles trump turbines A case in eastern Ontario highlights a statutory framework that makes it diffi cult to stop a wind energy project because of health concerns by local residents yet is arguably easier to block if certain species of wildlife are threatened. BY SHANNON KARI lar Sandbanks Provincial Park — the Blan- ding's turtle, to be precise. The medium-sized turtle, with bright yellow throat and chin and domed shell, is classifi ed as a threatened species in Ontario. It also has another distinction. So far, it is the only species, including humans, to de- rail at least temporarily a proposed wind energy project in the province. There have been nearly 30 hearings before the Environmental Review Tribunal, seeking to stop so-called wind farms, since the enactment of the Green Energy Act in Ontario in 2009. Each time, local A FEW KILOMETRES WEST of the eastern Ontario village of Consecon in Prince Edward County, on a narrow but busy stretch of road known as the Loyalist Parkway, there is a yellow road sign. It warns of turtles crossing the main automo- bile route to the popu-

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