In the past few months, the Ontario Landowners Association (OLA) has been asked to enter the fray regarding renewable energy projects; particularly the wind turbines. It is not the practice of the OLA to become involved with disagreements between neighbours. That is for one neighbour to launch a tort, if they feel their neighbour is harming them, or their property, in some way.
Recently, though, one gentleman, who does have turbines on his land, stated that he could do with his property as he saw fit. What was missing from his statement is that he is not to do harm to his neighbours, and this is found under common law.
What is happening in Ontario is the province is allowing expropriation to become lawful, without compensation, as the legislation is allowing trespass, nuisance and set-backs to interfere with someone else's property. When it comes to government, though, there are even more issues which present themselves regarding renewable energy projects and the costs of electricity. Having just finished a report on the
Green Energy and Green Economy Act, there are more angles in the legislation than a pool shark taking some unfortunate’s money.
Firstly there is the cost of electricity. Just this week I received an email, from a Councillor, concerned that yet another industry is closing in his area because of the cost of electricity. The Chamber of Commerce has just released its report on how business is leaving, and will continue to leave, Ontario for the same reasons. Some may be wondering what this has to do with renewable energy projects. This is all laid out in the reports on how to govern Ontario and has been continuing for over a decade, now.
From the report
Investing in People: Creating a Human Capital Society for Ontario. Panel on the role of government, 2004, it states:
"(45) We recommend that the government make the option of market -based pricing, with peak and off-peak rates, available to all electricity consumers to promote conservation and consumption shifting,… We believe that such pricing will also make it more economically feasible to invest in renewable generation facilities, such as wind, biomass, and solar power, in the province."
Secondly, based on press releases, from the Chamber of Commerce, all corporations will continue to pay the debt retirement charges, whereas residents will not, after 2016. This will continue to add to the increased costs of running one's business and prices will continue to escalate: not for the profit of the owner, but for the profit of the provincial government, ensuring that their misguided application of legislation can continue.
On a final note, anyone who is contemplating leasing land for a renewable energy project should look to what any of his/her neighbours may do in future as there may be torts where the owner of the land may lose more than just the project. There should be thought about why the costs are going up and up, as well as the loss of "jobs" for family members. This all boils down to government interference, causing one neighbour to pit themselves against other neighbours. Agree or not, one should not only look at the immediate financial gain, but should also look to what can be lost.
Elizabeth Marshall,
Author, Director Canadian Justice Review Board, Legal Researcher – Green and Associates Law Offices, Director of Research Ontario Landowners Association, Steering Committee – International Property Rights Association. I am not a lawyer and do not give legal advice. Any information relayed is for informational purposes only. Please contact a lawyer.
