Tag Archives: land

Proposed Hydroelectric Generating Station at the Bala Falls

Bala Falls Portage

Posted 8 March 2014

There is a lot at stake in a battle that has gone on for close to a decade.  Through a “Competitive Site Release” in 2004 the Ministry of Natural Resources (MNR) made some Crown land available south of the Bala north falls for the development of a hydro-electric generating station (Bala is north-west of Gravenhurst). The MNR is very motivated to see this happen, as not only would it help fulfill the province’s mandate for additional power generation from renewable energy sources, but MNR staff would also no longer need to adjust stop-logs to regulate water flows and levels, or be responsible for the maintenance and repair of the Bala north and south dams – instead, the proponent would have these responsibilities. Unfortunately, the MNR appears to be so motivated that they have shown little concern for the many negative impacts on fish spawning and other habitat problems that would be created.

In 2005 a proponent was awarded “Applicant of Record” status, and since then has proposed at least three different configurations, all of which would also create major public safety and economic problems.

SaveTheBalaFalls.com, the local cottager association, and the public have therefore been actively engaged both in the process and also in ensuring the appropriate government Ministries, agencies, and politicians are presented with the many outstanding concerns and issues.

One major issue is that the Bala Falls landscape is central to Bala and the surrounding area’s recreation and tourism economy as the falls are very visible and accessible, and are the main focus of visits – including literally bus-loads of tourists in the summer. They come to view the falls, to climb on the rocks, and to play in the usually serene water at the base of the falls. There are also residences within 200 feet, as well as long-time and very popular public in-water recreation that occurs within 50 feet, both upstream and downstream of the proposed generating station and the treacherously turbulent water it would create.

Another major issue is that the proposed project would obstruct a traditional and historic Portage, which is still in use. As a result of a request by the MNR, written historical proof was provided to confirm that this Portage was in use prior to the initial Crown land patent, and Section 65(4) of the Public Lands Act prohibits such obstruction. In May 2013 the MNR unilaterally declared that this land was suddenly too dangerous for the public to access – even though their own 2011 Public Safety Measures Plan for this exact area had no such concerns. We have responded with reasons why this proposed project would still be illegal under the Public Lands Act, and await a response on this complicated topic.

Two years ago, the Ministry of the Environment (MOE) told us that in the ten years the current legislation has been in place, there have been more than 50 requests to elevate different proposed hydro-electric generation proposals to an Individual Environmental Assessment. Such further study is the required first step to having any chance of an Environmental Assessment (EA) approval being denied. But the MOE has denied EVERY ONE of these 50 requests. That is, there has never been a “Part II Order” request for elevation approved. This places the fairness and efficacy of the entire EA process in question.

The current situation for the proposed Bala project is that not only are major approvals still required from all four levels of government, but there are legal challenges as well.

And SaveTheBalaFalls.com and the community will continue to ask; would it be safe, would it be beautiful, and would there be enough water over the falls to continue to draw people to Bala. We still don’t have answers, so we continue to ensure decision-makers know the problems.

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Renewable Energy on Crown Land – Decision Notice

Misema River - Before Hydro Facility

Misema River – Before Hydro Facility

Misema River - Downstream of Hydro Facility

Misema River – Downstream of Hydro Facility

Posted 8 March 2014

On February 10, 2014, the Ministry of Natural Resources released its Renewable Energy on Crown Land Policy.  A decision notice (Registry # 011-6005) has been posted to Ontario’s Environmental Registry  Environmental Registry.  The policy document and a summary of key policy content can be downloaded from the Ministry’s website on the renewable energy policy page.

This replaces the Site Release policy, which was a necessary step in the permitting process for waterpower, onshore wind power and solar power developments when Crown land is involved.  All proposals with current Feed in Tariff (FIT) contracts will still fall under the Site Release policy; however, new FIT proposals and those under the incoming Large Energy Procurement process will fall under the Renewable Energy on Crown Land Policy.  Check out the links above for more details.

Ontario Rivers Alliance made a submission on this EBR posting in October of 2012, and is available below. Continue reading


Economic Impact of Waterpower on Crown Land in Ontario – ORA to MNR, Fayak

Excerpt:  “In response to Ontario Rivers Alliance’s (ORA) 19 September 2012 letter regarding our review and comments on the Economic Impact of Waterpower Projects on Crown Lands in Ontario (Report), Minister Gravelle requested that we forward our questions and comments to your attention.

ORA had hoped for a substantive response from the Minister, one that would address our economic, environmental and public health concerns; however, we were very disappointed when none of our concerns were addressed.

Additionally, this flawed Report was presented at the recent Ontario Waterpower Association (OWA) conference, The Power of Water, which was not only sponsored by MNR, but to make matters worse, Deputy Minister O’Toole assured the waterpower industry in his closing keynote speech, that “Crown land will be made available to support FIT 2.0 contract offerings, consistent with the government’s Green Energy Act objectives and the Ministry of Natural Resources’ draft Renewable Energy on Crown Land policy.”[1]  This, despite the fact that the EBR posting had only just closed 10 days prior to this conference, and was not yet officially finalized and released.  No such assurance should have been given without the completion of a thorough analysis of all the implications (both positive and negative). The Fraser Institute, Ontario’s Auditor General, and other experts, also question the wisdom of moving forward with additional power generation development at this time.”

[1] OWA 30 October 2012 Press Release – The Power of Water Conference


Renewable Energy on Crown Land – EBR Posting 011-6005 – ORA Submission

Summary:
ORA requests that the Renewable Energy on Crown Land Policy Review take into account the communities and stakeholders that will have to live with the impacts of these hydroelectric dams. Public consultation must be a mandatory component before releasing Crown Land to developers.

A provincial strategy for waterpower development is needed. A strategy that examines the full range of impacts before a site is released to developers, to look at where it makes ecological sense to build hydroelectric dams vs. where it does not make sense. Crown lands are held in trust for the people of Ontario – and therefore they must be effectively and transparently consulted before disposing of a waterpower site. Continue reading