Ecojustice & CELA Legal Analysis of Bill-55 (Budget Bill 2012)

By Linda Heron on Sunday, April 22nd, 2012

Posted in Bill-55, Endangered Species Act, Regulatory Submissions

Download Ecojustice CELA Legal Analysis re Bill 55 (Budget 2012)

Dam Decommissioning

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To:    The Honourable Kathleen Wynne

Re:    Burden of Future Dam Removal Must Not Be Left to the Taxpayer

I am writing as a concerned citizen who expects this government to place the protection, conservation and wise management in Ontario of the environment, natural resources, and riverine ecosystems as one of its highest priorities.

Ontario has an extensive history of hydroelectric dam development, where the damage inflicted by these dams has led to the extinction and extirpation of many aquatic species.  First Nations have tried to warn decision makers in the past, but were ignored.  The first defaunation of Ontario streams was due to the mill dams that caused the extinction of Lake Ontario Salmon, and doubtless many other lesser migratory populations that weren’t so well documented; and  twentieth century hydro dams devastated many other species such as the American Eel and Lake Sturgeon.  The numerous problems with hydroelectric have not gone away, and operating strategies devised to take advantage of peak demand have only served to increase the potential for negative impacts.

It has come to my attention that funds are not being required up-front for Dam Decommissioning on any of the hydroelectric proposals going through the approvals process.  Power Generation Agreements must include mandatory up-front funds for dam decommissioning, so that if for some reason the generating station is no longer viable the funds will be in place to cover costs for removal.  There is a very good likelihood of this if the dam becomes environmentally or socially unsustainable due to climate change, or in the event of major damage to the dam caused from ice and/or flooding - this must be made a condition for approval.  This expense must no longer fall on the shoulders of the taxpayer, but be borne by the developer.

I request that you require developers of hydroelectric dams to provide Financial Assurance by placing sufficient funds up-front to cover future dam decommissioning and removal.

Thank you!

Copied to:

Honourable Glenn Thibeault, Minister of Energy; 
Honourable Kathryn McGarry, Minister of Natural Resources and Forestry;
Honourable Charles Sousa, Minister of Finance;
Honourable Glen Murray, Minister of the Environment and Climate Change

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Dam Decommissioning