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TransCanada files challenge against air quality bylaw By Kim Arnott SPECIAL TO THE BEAVER 7 · Friday, June 18, 2010 OAKVILLE BEAVER · www.oakvillebeaver.com TransCanada Energy has launched a court challenge of an Oakville bylaw it claims is vague, unreasonable and "enacted in bad faith for the improper purpose of preventing, delaying or frustrating the construction and operation of the Oakville Generating Station." The company, which has been given a provincial contract to build and operate a 900-megawatt gas-fired power plant on Ford Motor Company land at 1500 Royal Windsor Dr., filed its challenge of the Town's Health Protection Air Quality Bylaw last week. The application asks the Ontario Superior Court of Justice to quash the bylaw, which the company claims exceeds the Town's legislative authority, was enacted in bad faith, contravenes existing environmental legislation and is invalid due to vagueness. As well, the application asks the court to rule that the company had the legal right to use the property for the generation of electricity as of March 31, 1999, and to permit that use of the property "despite any bylaw, or any other land use control or prohibition of the Town of Oakville." In an e-mail to the Oakville Beaver, Mayor Rob Burton responded: "The Town was very disappointed by TransCanada's decision to challenge our Health Protection bylaw. The bylaw is designed to safeguard the health of our community and municipalities have every right to protect their residents from harm. We are anxious to defend what we regard as a frivolous action by TransCanada as soon as possible." The Health Protection Air Quality Bylaw was approved unanimously by Oakville Town council on February 1. Aimed at regulating emissions of fine particulate matter, the bylaw requires existing Oakville companies to undertake a variety of reporting measures. Companies deemed to be major emitters of pollution may be required to undertake emission-reduction steps. The bylaw also gives Town council the right to reject incoming new industries judged to be major emitters of pollutants that cause unacceptable health impacts. A prepared statement provided by TransCanada spokesman Chris Breen noted that the company supports effective standards to protect air quality, but believes adequate standards are in place at the provincial level. "We have been operating under the Ministry (of the Environment's) air quality standards since we started safely operating power plants here almost 20 years ago," said the statement. "The Town's bylaw would not effectively address local air quality -- it would only duplicate existing provincial standards. Air quality standards are set and enforced by the province because air crosses town borders. It does not make any sense for municipalities to try to strip the Province of its logical role in this important area." In a letter to Town of Oakville lawyer Doug Carr, solicitors for TransCanada note that they are requesting the court combine the hearing of this new application with a previous one filed by the company challenging the Town's interim control bylaw concerning new power plants. Fun brings everyone together. Having fun, making new friends and learning new skills in a positive environment. Three reasons why your local Tim Hortons is so proud to support the over 1,700 boys and girls who play Timbits Soccer in Oakville. The first goal is having fun® © Tim Hortons, 2008