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Ford lawyer says concern based on misinformation which calls for the promotion of opportunities Doherty summed up the situation by not- for energy generation. "You know the purpose of OPA (Official ing that passing the interim control bylaw and Plan Amendment) 296 is to effect a flat out the Official Plan amendment was a proper prohibition of power generation facilities exercise of council's legislative authority. "Under section two of the Municipal Act, throughout the Town of Oakville," said municipalities have been created to be respon- Swinkin. "Talk about trains going in opposite sible and accountable governments with directions. There will be a crash. Those two things do not work together." respect to matters within Swinkin attacked the their jurisdiction. Each "You know the purpose of assertion that the power municipality is given powOPA (Official Plan plant would do more harm ers and duties under the Amendment) 296 is to effect to the Clarkson airshed. Municipal Act and many He noted that the other acts for the purpose of a flat out prohibition of Ministry of the providing good government power generation facilities Environment had formed with respect to those mat- throughout the Town of a panel of experts who ters," said Doherty. Oakville." conducted a study and "It also provides, in secconcluded the air in the tion eight, that the powers Ford of Canada lawyer Clarkson airshed was not shall be interpreted broadly Gerald Swinkin unusual for an urban airso as to confer broad shed and may actually be authority on municipalities slightly better than most. to enable the municipality As much of the community concern is to govern its affairs as it considers appropriate and to enhance the municipality's ability to based on misinformation, there is no reason for a prohibition on power plants, noted respond to municipal issues." He said all actions by the Town concerning Swinkin. Swinkin argued that the two planning this matter had been done in the open with measures are not protected under the council publicly asking staff to look into the possibility of an interim control bylaw during Municipal Act as they conflict with a legislaa February council meeting with staff respond- tive instrument of the provincial government. "They are frustrating an exercise of provined publicly during a March council meeting. cial authority, which itself has been conceived Doherty refuted TransCanada's argument that the planning measures should be over- in the public interest to ensure the supply of turned because they were passed only after the energy to communities, which include Ford site was disclosed as a possible location Oakville, but go well beyond Oakville," said Swinkin. "This consequence Mr. Chairman is for the power plant. The actions of the Town were not unusual, not right and it flies in the face of provincial noted Doherty, as only a handful of municipal- legislation." TransCanada lawyer Neil Smiley said the ities have altered their Official Plans to prepare Ford site, until the two planning measures for large power plants and they only did this when it appeared a project was actually on the were passed, was approved for the building and operation of the proposed power plant. way. As such, he said, it is the Town that is One resident, who spoke during Thursday changing the status quo, and the Town that evening's hearing session, stated that it would have made little sense for the Town to have must prove the two planning measures are dealt with the power plant issue before it even appropriate for the situation. Smiley said an interim control bylaw is was an issue. typically used only when unforeseen circumDoherty also argued that Town council passed the two planning measures because it stances require a municipality to undertake had no provisions in the existing Official Plan urgent action. "The interim control bylaw is not to be for such a power plant. used when a municipality finally wakes to a The interim control bylaw, he noted, would give the Town valuable time to determine long standing planning issue," he said. "The exactly how to deal with the plant, if and when use of an interim control bylaw to deal with such a long standing planning issue is a such a power plant arrives. Ford of Canada lawyer Gerald Swinkin wrongful exercise of that power and means urged OMB Chair Aristotle Christou to be the interim control bylaw should be wary of the explanation that the planning repealed." Smiley said allowing the bylaw to stand measures had been passed to just allow for a would be crippling to the TransCanada projstudy, equating it to a Siren song that could ect, which has a contract with the Ontario destroy the TransCanada project. Swinkin said the two planning measures Power Authority requiring them to supply are open-ended, as they will only be lifted 900-megawatts of power by 2013. With all evidence heard the task now falls when the Town's study is complete and releto Christou to determine whether the two vant policies are put in place. planning measures should be overturned. "That could be anytime," said Swinkin. A decision on this issue is not expected for He said the two planning measures are at several weeks. odds with the Provincial Policy Statement, 3 · OAKVILLE BEAVER Wednesday, October 21, 2009 YOUR PASSPORT TO THE WORLD Let our designers and product selection take you to another place. 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