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Notices and Circulations

 
 
WRITTEN SUBMISSIONS FOR COUNTY OF PAINTEARTH SDAB HEARING 
 
FUNDAMENTAL DOCUMENTS:
 
  
 
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NOTICE OF REGIONAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD HEARING
 
Pursuant to s. 686(3) of the Municipal Government Act, R.S.A. 2000, c. M-26, as amended, this is to notify you that the appeals filed in respect of Development Permits DP1714 through DP1787 for the placement and construction of 10 of 74 wind turbines for the Halkirk 2 Wind Project, approved August 28, 2017, are referred back to the Regional Subdivision and Development Appeal Board to be reheard and dealt with in accordance with the direction of the Alberta Court of Appeal in Borgel v Paintearth (Subdivision and Development Appeal Board), 2020 ABCA 192.
 
A MERITS HEARING has been scheduled. As per the Board’s decision, the merits hearing will proceed in person and by teleconference. Any affected parties who would be entitled to make submissions during the merits hearing if the merits hearing was being held in person will be entitled to make submissions during the merits hearing in person or by teleconference.
 
PLACE OF HEARING: County of Paintearth Council Chambers
 
Office: #1 Crowfoot Crossing Twp Rd 374 & Hwy 12. DATE OF HEARING: July 16th, 2020 & July 17th, 2020 TIME OF HEARING: 10:00 AM
If you wish to participate in the merits hearing by teleconference, please contact Jamie Collins at 403-442-3085 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it to be provided with the call-in number and conference ID in order to participate in the teleconference.
 
The attendance of those individuals who wish to attend the merits hearing in person shall be in accordance with Board direction and provincial health regulations in place at the time.
 
For information about written submission deadlines, please contact Jamie Collins at 403-442-3085 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . All written submissions shall be submitted electronically to Jamie Collins at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
 
Access to all written submissions and the agenda for the merits hearing will be made available on the Palliser Regional Planning Website http://www.palliserservices.ca/ as they become available.
 
Dated: June 19th, 2020 Jamie Collins, Clerk Regional Subdivision and Development Appeal Board
 
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Regional Subdivision and
Development Appeal Board
 
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June 8th, 2020
Notice of Decision of Procedural Matters from the
Palliser Intermunicipal Subdivision and Development Appeal Board
Preliminary Hearing held June 8, 2020
RE: Appeals filed in respect of Development Permits DP1714 through DP1787 with respect to the placement and construction of 10 of 74 wind turbines for the Halkirk 2 Wind Project, approved August 28th, 2017, are referred back to the Palliser Intermunicipal Subdivision and Development Appeal Board to be reheard and dealt with in accordance with the direction of the Alberta Court of Appeal in Borgel v. Paintearth (Subdivision and Development Appeal Board), 2020 ABCA 192.
PURPOSE OF PRELIMINARY HEARING
The purpose of the Preliminary Hearing was to review procedural matters and to make key decisions regarding the Merits Hearing.
At the start of the hearing on June 8th, 2020, the Appellant, the Applicant, the Development Authority and affected parties were given the opportunity to raise objections to the Panel Members assigned to the hearing. No objections were raised. An overview of the Preliminary Hearing procedure was outlined and an opportunity for objection was given to the Appellant, the Applicant, the Development Authority and affected parties. No objections were raised to the proposed procedure.
The procedural matters which were discussed included the adjournment and scheduling of the Merits Hearing, the record for rehearing, setting filing dates for written submissions, the format of written & oral submissions, addressing para. 45(1) & 45(2) of the Court of Appeal Decision and the hearing procedures for the Merits Hearing, including recording.
SUMMARY OF PROCEDURAL MATTERS & DECISIONS
Adjournment & Scheduling of the Merits Hearing
Regional Subdivision and
Development Appeal Board
 
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After submissions and discussion concerning the scope of the Merits Hearing and the potential impact on the other matters on the Agenda, the following dates for the Merits Hearing were tentatively agreed upon.
July 16th, 2020 commencing at 10:00 AM; and
July 17th, 2020 commencing at 10:00 AM
The Board subsequently directed the Merits Hearing would be adjourned to the above dates.
Record for Rehearing
It was proposed that the submission of certain records central to the Appeals be put before the Board prior to other written submissions. This would aid all parties when making their submissions and allow all parties to refer to these records in their written submissions. Many of these records are very large and it would not be efficient to have each party submitting the same large records in their respective written submissions. Discussion around what records should be submitted took place.
The following records were agreed upon as forming the SDAB Package and the Development Authority will electronically submit the following records by June 10th, 2020 with the Clerk:
• Development Permit Applications in their entirety
• Actual Development Permits (Body Only) for 10 Turbines under appeal
• Notices of Appeal
• AUC Decisions (6)
• SDAB Decision, dated June 15, 2018
• Court of Appeal decision, dated May 8, 2020
• Minutes from the Municipal Planning Commission
• External Referrals not included in the Development Applications
• County Map (1 with landowner names and 1 without landowner names) with location of 10 Turbines under appeal noted thereon
Setting Filing Dates for Written Submissions/Oral Submissions
The following dates for filing written submissions were tentatively agreed upon:
a. Appellants and affected parties in support of the Appeals – June 18th, 2020
b. Respondents and affected parties opposed to the Appeals – July 2nd, 2020
c. Appellants Rebuttal – July 9th, 2020
Regional Subdivision and
Development Appeal Board
 
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The Board subsequently directed the above filing dates for written submissions.
Submissions were made by Mr. McElhanney and Mr. Terry Vockeroth on why oral submissions should be heard from all parties. It was determined that oral submissions would be received by the Board as long as the submissions did not become overly repetitive. Anyone wanting to make oral submissions who is represented by counsel will be limited to five minutes for their presentation. There will be no time limit on oral submissions by counsel or those individuals not represented by counsel.
The requirement in the Procedural Guidelines to provide written authorization to speak on behalf of another individual is waived. Oral indication of same will be sufficient.
Format of Written Submissions
All written submissions are to be submitted electronically and must be numbered sequentially and, where appropriate, separated by tabs.
Addressing para. 45(1) & 45(2) of the Court of Appeal Decision
The Board heard submissions on the interpretation of paras. 45(1) and 45(2) of the Court of Appeal decision in Borgel v. Paintearth (Subdivision and Development Appeal Board), 2020 ABCA 192, and the scope of the Merits Hearing. The decision of the Board is that parties may include in their written submissions argument on the interpretation of paras. 45(1) and 45(2) and the scope of the Merits Hearing. The Board will consider and determine the issue of scope as part of the Merits Hearing.
Hearing Procedures for Merits Hearing Including Recording
The Merits Hearing will be recorded.
The Board has an obligation to determine a procedure for the Merits Hearing which provides the Appellants, the Applicant, the Development Authority and affected parties with the ability to fully participate in a hearing which is procedurally fair. Alberta Regulation 50/2020 permits some or a portion of the hearing to be held virtually, by teleconference or videoconference, as a result of COVID19. The Board heard submissions that videoconferencing is very inconsistent in the County.
The Board concluded a procedure which maximized personal attendance under the existing provincial public health regulations, combined with the ability to attend by teleconference and broadcasting of the hearing outside the County building, would best achieve this result.
As a result of a relaxation in the provincial public health regulations subsequent to the Preliminary Hearing, the Board will secure an appropriate venue for the Merits Hearing, which will allow parties to
Regional Subdivision and
Development Appeal Board
 
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attend in person or by teleconference. Limits on the number of people permitted to attend the hearing in person will be as per the provincial public health regulations in place at the time and the Board’s discretion. If personal attendance is limited, the Board retains the discretion to broadcast the hearing outside the building.
Public Notice of the location, along with other details, of the Merits Hearing will be posted on the County of Paintearth and Palliser Planning websites and published in the East Central Review and the Castor Advance. Personal Notice will be sent to all individuals that registered for the Preliminary Hearing, the Appellants, the Development Authority and the Applicant.
Date at , in the Province of Alberta this day of June, 2020 and signed by the Chair on behalf of all three panel members who agree that the content of this document adequately reflects the preliminary hearing deliberations and decision of the Board.
Karen Howley, Board Chair
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