[Indexed as: Suncor Energy Products Inc. v. Plympton- Wyoming (Town)]

摘要

Municipal law-Attacks on by-laws and resolutions - Grounds - Uncertainty - Miscellaneous-S Inc. was awarded contract for development of wind farm in municipality - Green Energy and Green Economy Act, 2009 (GEGEA) placed restrictions on municipal authorities under Planning Act (PA) and Municipal Act, 2001 (MA) when such projects were at issue - Municipality passed By-law 6 increasing building permit fee for wind turbines and introducing posting of $200,000 security for wind turbine removal; By-law 15 increasing setbacks for wind turbines; By-law 50 establishing setbacks, noise level limits, and requiring indemnification for property loss or adverse health effects from wind turbine construction; and By-law 75 imposing development charge - S Inc. brought application for order quashing by-laws for illegality -Municipality sought to stay application as premature because S Inc. was awaiting provincial approval of Renewable Energy Approval (REA) for project and could not commence any action in building proposed wind farm until it received such approval - Application granted - Application was not dismissed as premature - By-law 50 was invalid in part for vagueness and uncertainty and was without force or effect as it related to minimum setbacks, noise levels and mandatory indemnification; it was of no force and effect pursuant to s. 14 of MA to extent it purported to prohibit construction and operation of wind turbines at locations approved in REA process and thereby directly conflicted with REA regime and GEGEA; and it was of no force or effect to extent that it interfered with issuance of building permit - Portions of By-law 6 that related to wind turbine fee and requirement of security deposit were quashed as illegal pursuant to s. 273 of MA - Wind turbine development charge in By-law 75 was struck as illegal pursuant to Development Charges Act, 1997 (DCA) as municipality failed to meet necessary statutory preconditions to pass valid development charges by-law and failed to provide legal justification for amount charged - There was no causal link between charge imposed and increased capital cost to municipality from wind turbines and no development charges study - By-law 15 had no legal application to renewable energy undertaking pursuant s. 62.0.2 of PA.