SCENARIO 3: ANSWERS

Abstract

A provincial land use and environment tribunal has received several appeals of a rural municipality's approval of a large wind farm project which also abuts a First Nations community. The legislation governing land development, and the jurisdiction of the tribunal provides that the tribunal may either allow an appeal and remit the approval back to the municipality, or dismiss the appeal. The only criteria set out in the legislation is whether the "proposed development will promote economic benefits for the municipality and the province, and is otherwise consistent with good land use principles and environmentally sustainable." The tribunal has the jurisdiction to decide all questions of fact and law that come before it.