In 2009, the provincial government in Ontario, Canada, enacted legislation called the Green Energy and Green Economy Act (GEA) with the goal of encouraging the development of sources of renewable power in that jurisdiction.

Industrial-scale or grid-scale wind power development was new to Ontario at that time; some municipalities in the province were cautious about the government’s plan, and asked for cost-benefit analyses and/or impact analysis before the act was passed [1]. The premier at the time, however, did not want municipalities to be able to veto or hinder wind power proposals; his government designed the Green Energy Act to remove all local land-use planning powers for renewable power generation projects [2].

The forced industrialization of quiet rural communities was the subject of criticism by energy analysts and legal authorities. Professor of Law and Economics Michael Trebilcock wrote soon after the GEA was passed that the government was acting on ideology, not fact or analysis:

The unexamined proposition has been that if it [wind power technology] is declared green, it deserves no further scrutiny or analysis. The large land footprint of renewable sources of generation often collides with other purposes for use of land. This will set in motion a dynamic of social friction with unintended, unpredictable consequences [3].

One of the consequences of the government’s new policy was that Ontario communities, now deprived of input into siting decisions for the wind power projects, took action the only way they could―by using the legislated ability to appeal the government’s approval of the projects.

The community concerns about the Ontario wind power projects were reviewed for this paper by noting the grounds for appeals of power projects filed with the government, and then reviewing the basis for formal complaints filed with the government after wind power projects began operating.

The intent of this research was to determine whether there is a link between the concerns which led citizens to appeal the power project approvals, and the nature of post-operational complaints. As far as the authors are aware, no such analysis has been previously published; while some authors considered the appeals and why they failed, that work did not encompass the post-operational experiences for people living inside wind power facilities.

We reviewed the list of appeals filed under the authority of the Ontario Environmental Protection Act (EPA), selected several of the power projects and compared reports of environmental pollution including pollution Incident Reports, i.e., the documents recording the complaints filed with the government, and other indicators of the impact of these projects on host communities. The records of complaints filed with government were obtained via requests under the Freedom of Information and Privacy Act (FOI) made by community group coalition Wind Concerns Ontario. The documents were then examined for the presence of descriptive comments or notations made by government staff and for transcripts or notes of direct quotes from citizens filing the complaints. The content of these notations or comments were then compared to the grounds for the appeals of approvals relative to the individual power projects concerned.

News media reports were also reviewed in order to ascertain “on the ground” lived experiences by residents, expressed in their own words through interviews.

Government records of complaints of environmental noise were the main focus because that was the reason for the majority of the contacts with government; however, other effects have been noted including shadow flicker or strobe effects from the turbines, and altered water well function which may be connected to wind turbine vibration during construction and operation.

At the time the Green Energy Act was passed, the government promised that for health and safety, regulations to govern noise levels and setbacks between the industrial-scale wind turbines and Ontario residents’ homes would be based on science. In answering concerns about the wind power installations, the premier at the time said “… it’s okay to object on the basis of safety issues and environmental standards; if you have real concerns there, put those forward and we must find a way to address those.” [4].

According to the provisions of the Environmental Protection Act, if citizens were concerned about the potential for negative effects from a wind power generating facility, they had the option to appeal the government’s approval before the Environmental Review Tribunal (ERT). Citizens had just 15 days to file an appeal after a Renewable Energy Approval (REA) had been posted publicly by the government.

The basis on which an appeal could be filed was strictly limited. The ERT posts these guidelines:

Under the Environmental Protection Act, there are only two grounds which can be considered on an appeal by a member of the public. They are that proceeding with the project, as approved by the Director will either:

・ cause serious harm to human health, or

・ cause serious and irreversible harm to plant life, animal life or the natural environment.

A person challenging the Director’s approval of a project must be able to convince the Environmental Review Tribunal, by evidence and argument, that it is more likely than not that one of these two tests has been met. If they do not do so, then the law requires that the Director’s decision must be confirmed [5].

The “Director” is a public servant appointed by the Minister as deemed necessary under the Environmental Protection Act, in this case, to oversee Renewable Energy Approvals and their conditions [6].

The goal of the community group or individual in appealing the government approval of a wind power project was presumably to have the approval reversed, or the approval modified to reduce the risks and concerns which were the basis of the appeal. The “Director” issuing the Renewable Energy Approval has the power to take such action according to Part V.0.1, 47.5 Section 3 of the EPA “Other powers”, which apply specifically to “Renewable Energy”:

On application or on his or her own initiative, the Director may, if in his or her opinion it is in the public interest to do so,

1) alter the terms and conditions of a renewable energy approval after it is issued;

2) impose new terms and conditions on a renewable energy approval; or

3) suspend or revoke a renewable energy approval, 2009, c. 12, Sched, G., s. 4 (1) [7].

Choosing to appeal a wind power approval was, as one law firm put it, an “uphill battle”:

Parties appealing [Renewable Energy Approvals] face an uphill battle. The grounds are difficult to satisfy and the burden of proof lies upon the party alleging the harm. Parties bringing an appeal have a high evidentiary threshold to meet because they must prove the approved project will (as opposed to may) cause the harm prescribed [8].

The first appeal of a wind power project under the regime created by the Green Energy Act (GEA) was filed in 2010, just months after the law was passed in the Ontario Legislature [9].

Prior to the new legislation, there had been appeals of wind power projects; these legal actions were presented to the Ontario Municipal Board, another quasi-judicial body [10].

A wind power project near Kincardine, Ontario was proposed and appealed in 2007, on the basis of potential problems with health and safety. The appeal lasted seven weeks and heard from 22 witnesses and participants. The appellants alleged that care had not been taken to protect the public interest:

The appellants in their submissions to the Board alleged that the Municipality in approving the project in the form now before the Board, has abandoned its responsibility to protect the public interest and that the role of the appellants in this hearing is, among other things, to ensure that the public interest, as set out in the 2005 PPS and the [county name] Official Plan, is maintained, and that the community is protected from the negative impacts that they perceive will result from the approval of the [name] Wind Farm project. They contend that the standards being imposed by the Province and the Municipality are “simply not good enough to ensure the protection of health and safety to the residents of this community” and that some higher standards need to be considered [10] ¹.

Data from the Incident Reports in government records provided in fulfillment of Freedom of Information requests, indicate that the number of Incident Report files for this power facility exceed 500, as of the end of 2017 [11].

Hundreds of complaints had already been filed about wind turbines erected in power projects built before the new enabling legislation. A power project at Melancthon, Ontario garnered so many complaints that, according to a Canadian Broadcasting Corporation (CBC) news story and an interview with residents, environment ministry staff warned the ministry that there were problems. The family interviewed, who had filed many complaints, eventually had their home bought by the wind power developer in 2009, along with five other families [12].

Wind Concerns Ontario reviewed noise complaints collected by the government between 2006 to the end of 2014 and found more than 870 documents for both phases of the power facility at Melancthon [13].

Although documents show the Ontario government had received hundreds of complaints and warnings from staff about problems prior to enacting legislation supporting more wind power development [14], it proceeded with the Green Energy Act in 2009.

In the years that followed, more than 50 appeals were filed by individuals, community groups and municipalities across the province, as was allowed by provisions in the Environmental Protection Act (See Table 1 for an inventory of appeals). People in Ontario received no financial assistance in filing such appeals. The legal fees for the appeals ranged from several thousand to millions of dollars. In the case of the appeal of a project on the basis of risk to endangered wildlife and to human life due to proximity to two airstrips in Clearview, Ontario, which was supported by three municipalities and a citizen, the cost to taxpayers in those municipalities, was close to $800,000 CAD [15].

While there were many appeals launched, several communities opted not to appeal, probably because of the “high evidentiary threshold”, the limited time allowed to mount the appeal, and for financial considerations. While some parts of the hearings before the Tribunal were held in the rural communities, other hearings took place in the city of Toronto, requiring travel and expenses for lawyers and those attending these sessions.

The first appeal after the Green Energy Act was passed resulted in dismissal by the Tribunal, but the panel acknowledged the existence of problems, and appeared to encourage further exploration. In Erickson v. Director, MOE, the Tribunal concluded:

While the Appellants were not successful in their appeals, the Tribunal notes that their involvement and that of the Respondents, has served to advance the state of the debate about wind turbines and human health. This case has successfully shown that the debate should not be simplified to one about whether wind turbines can cause harm to humans. The evidence presented to the Tribunal demonstrates that they can, if facilities are placed too close to residents. The debate has now evolved to one of degree. [our emphasis] … Just because the Appellants have not succeeded in their appeals, that is no excuse to close the book on further research. On the contrary, further research should help resolve some of the significant questions that the Appellants have raised [9] ².

Sources: Environment and Land Tribunals https://elto.gov.on.ca/tribunals/ert/about-the-ert/.

Other communities, however, were not encouraged by the legal test set for the Appellants. For example, on Manitoulin Island, citizens―both First Nations and non-First Nations―filed an appeal based on the risk to both health and the environment but withdrew after receiving information through a Freedom of Information (FOI) request. Their representative told the media:

The FOI shows that back in 2009, before the Green Energy Act, several civil servants in the ministry right up to the Assistant Deputy Minister knew all about the health problems from wind turbine noise. Some admitted to experiencing the effects. Others stated it contravened the [noise regulation limits]. But today, those turbines are still turning, continuing to victimize the people of this province. … The deck is stacked against all of us in rural Ontario [16].

Moreover, the Appellant in that case sought clarification on the precise definition of “serious harm” from legal counsel for the environment ministry, but received the response that the ministry “has no general statement which sets out a position on the definitions of the terms used in the legislation.” [17].

Knowledge of the noise emissions produced by industrial-scale or grid-scale wind turbines has evolved, and it is acknowledged that there is a range of noise emissions unique to wind power generators.

Acoustics specialists and educators Jerry Punch and Richard James conclude in their 2016 literature review:

The preponderance of evidence on this point leads to the conclusion that WTN [wind turbine noise] has special acoustic characteristics that distinguish it from other industrial sounds. A primary feature is that it consists of measurable energy down to below 1 Hz [18].

The Council of Canadian Academies, commissioned by Health Canada [19] to conduct a review acknowledged in its 2015 report a connection between the noise emissions and “annoyance” (a medical term denoting stress or distress):

The evidence consistently shows a positive relationship between outdoor wind turbine noise levels and the proportion of people who report high levels of annoyance [19] ³.

The Council also stated that current methods of noise measurement may not capture the full range of noise emissions:

Measurement of sound for health surveillance and research uses standard methods. The most commonly used methods include A-weighting, which emphasizes the frequencies according to human hearing sensitivity, and deemphasizes low and very high frequencies. Although A-weighted measurement is an essential method, it may fail to capture the low-frequency components of wind turbine sound. In addition, measurement is often averaged over time (Leq), which does not convey changes in sound pressure levels occurring in short periods (for example, within a second). Time-averaged measurement may thus fail to capture amplitude modulation.

A-weighted measurements are an important first step in determining people’s exposure to audible sound in most cases, but more detailed measurements may be necessary in order for researchers to fully investigate the potential health impact of specific sources of wind turbine noise. The metrics of sound exposure most relevant to potential health outcomes are not completely understood, however, and remain an important area for further research [19] ⁴.

The methods described by the Council are those used by many jurisdictions to assess regulatory compliance, including the Province of Ontario; the Council recommended change: “The Panel recognizes the usefulness of measuring night-time exposure to sound from wind turbines, which is currently not widely undertaken in Canada.” [19] ⁵.

Several examples of appeals launched since 2009 were selected for our review of the grounds for appeal, followed by a review of government records of complaints associated with those projects post-commencement of operations. Most of the appeals were based on concerns about human health, but many also included concerns about the risk of “serious and irreversible harm” to wildlife and the environment.

The goal of this review was to determine whether the citizen concerns about industrial-scale wind turbine development raised at appeals of the project approvals were borne out in any way by lived experiences after the power generation facilities began operation.

As noted, the grounds for appeals were limited and the evidentiary burden for Appellants in the appeals was substantial. Few appeals in Ontario were successful.

Although witnesses currently living within wind power facilities presented evidence under oath in the appeals as to their real-life experiences, and the Tribunal accepted their testimony as “sincere,” their testimony nevertheless did not carry much weight. As explained by lawyer Albert Engel:

In Bovaird, and several subsequent decisions, the Tribunal commented as follows on why the evidence of post-turbine witnesses was unreliable:

The Tribunal does not question the sincerity of the post-turbine witnesses in giving their evidence. They acknowledge that the identification of their adverse health effects is through their own self-diagnosis. They also acknowledge that they have reached personal conclusions regarding the issue of causation. Several of them assert that they have had to do so, because they maintain that medical professionals either have no knowledge regarding the effects of wind turbines, or are skeptical or dismissive of the possibility that wind turbines can negatively affect human health. Nevertheless, none of the post-turbine witnesses adduced any medical opinion from their health practitioners which confirms that they have experienced symptoms caused by wind turbines. The Tribunal does not question that the post-turbine witnesses have experienced the symptoms they have described [41].

However, our review of government documents post-appeal and after commencement of facility operations indicates that there are significant complaints related to the operation of wind turbines, specifically about environmental impact in the form of noise pollution and possible disturbance of groundwater and water wells.

There is also new evidence that some Ontario property owners have been so disturbed by living within the power facilities that they contemplated leaving or did leave their homes permanently [42].

There were enough complaints that one Ontario jurisdiction launched a public health investigation under the authority of the Health Promotion and Protection Act (HPPA, 1990). In its final report published in 2019, the Huron County Health Unit said that “analysis of study participants confirmed an association between wind turbine noise exposure and annoyance. Of participating households within one kilometre of at least one wind turbine, 58% had at least one person reporting they were bothered, disturbed or annoyed by noise or light” [43].

In a review of the 2017 records provided by government following a Freedom of Information request, 42 percent of the 674 Incident Reports were found to have some mention of the occurrence of adverse health effects. Again, that concern was the basis of most of the appeals of wind power facility approvals [44].

Several academic articles have been published on how Ontario’s wind power program has been implemented during the past decade. Baxter et al., 2015 commented that the removal of local land-use planning was problematic and that the government treatment of citizens complaining about adverse effects from living with the wind power generators was flawed.

… [R]ather than dismissing health claims as groundless or inconsequential, policy-makers should take a precautionary approach so as to more thoroughly address the factors that contribute to frustration on the part of the host communities. … This must be coupled with diligent enforcement of the responsibility of wind companies to respond to noise complaints throughout the life of the project [45].

Another academic review by McRobert et al. looked at the appeal process, and the basis for citizen appeals. It concluded that it was an unsatisfactory method for dealing with concerns, which the authors termed “genuine”:

To urban-based environmentalists, resistance to wind and solar farms is often seen as nothing more than Not in My Backyard attitudes (NIMBYism), and turbine opponent concerns are trivialised. … [M]any communities opposed to these projects have genuine concerns about impacts on environmental integrity, viewscapes, food production, and social fabric. … Moreover, the supposed “NIMBY syndrome” has been criticised by environmental justice scholars and others as an oversimplification of opposition that more accurately is based on a complex mix of factors including perceptions about a lack of procedural and distributive justice in approval processes [46].

The Government of Ontario holds thousands of records of citizen complaints in the form of Incident Reports, many of which are reports of excessive noise and vibration; a significant number includes accounts of the occurrence of adverse health effects. The basis for most of the appeals of the approvals for the power generation projects was citizens’ concern about effects on health from wind turbine noise emissions.

Moreover, complaints continue to be filed despite regulations and approval conditions that specify clearly that the reasons for these complaints must be addressed and measures are taken to prevent recurrence [47]. There is evidence to suggest that current regulations are not adequate to protect health.

Further work could focus on the apparent disconnect between government policy and action taken by government employees, as shown in the complaint records.

While the provincial government in Ontario has since returned local land-use planning for power projects to municipalities, the process for recognition of concerns, acknowledgement of past problems, and appeals of industrial-scale power projects could benefit from a robust independent review so as to ensure social and procedural justice.

Based on this review of government reports of environmental pollution including the formal Incident Reports, it appears that the people who were concerned about the risks to the environment and human health were not wrong. Those concerns―which led them to spend substantial amounts of money while participating in an unfamiliar, stressful quasi-judicial process―are now the reason for a significant number of complaints to government.

The people await the help and protection that was promised to them.

The authors wish to thank Grace Howell Ed.D. of Western University, Deb Hughes MScN of McMaster University, and Kathleen Coulter J.D. of Eric K. Gillespie Law for their reviews of this paper. The authors acknowledge the contribution of the people of rural Ontario who continued to file reports of environmental and adverse health effects with their government in hope that someday, something would be done to help them.

The authors declare no conflicts of interest regarding the publication of this paper.

Wilson, J., Krogh, C. and Peel, P.C. (2020) Déja vu and Wind Turbines: A Review of Lived Experiences after Appeals of Ontario Industrial-Scale Wind Power Facilities. Open Access Library Journal, 7: e6276. https://doi.org/10.4236/oalib.1106276