Island Trails Letter to Island Regulatory and Appeals Commission

Island Trails Letter to Island Regulatory and Appeals Commission
August 27, 2008 — Denis Dunne, President

Mark Lanigan
Technical and Regulatory Services
Island Regulatory and Appeals Commission
PO Box # 577
Charlottetown, PE C1A 7L1

Dear Mr Lanigan:

The Board of Island Trails Inc objects to the application by MEC for a budget increase to build a power line for Suez Energy.
Our objection is not with the concept of wind energy but with the installation of a section of the power line along over 20 km of the Confederation Trail.
Island Trails Inc believes that the construction of power lines along the Confederation Trail contravenes the provincial Trail Act for the following reasons:

. Section 2 of the Trail Act states:
2. The purpose of this Act is to provide for the establishment and
operation of trails on Crown lands for recreational use and enjoyment.
1994,c.62,s.2.

The Act states that the Confederation Trail was established for recreational use and enjoyment and not for use as a power corridor.

. Section 13 of the Act states:
13. (1) No person shall, while on the trail,
(a) be impaired by alcohol or drugs;
(b) act in a noisy or disorderly manner;
(c) create a disturbance;
(d) pursue a course of conduct which is detrimental to the safety of other trail users or their enjoyment of the trail and its facilities;
(e) willfully destroy trail property and other natural resources found on or adjacent to the trail;
(f) dump or deposit garbage or other material on or from the trail;
(g) engage in any other activity prohibited by notice or by
regulation.

The Act prohibits (13e) the destruction of trail property and natural resources on or adjacent to the trail. This kind of construction will certainly result in destruction of natural resources both on and along over 20km of trail. It will contradict Section 13d) and would be detrimental to their safety and enjoyment of the trail and its facilities.



. Section 14 of the Trail Act states:
14. The Lieutenant Governor in Council may make regulations
(a) providing a detailed set of rules to allow orderly recreational use of the trail;
(b) providing standards for the design, construction, length, width, surface type, maintenance, operation and administration of the trail;
(c) providing, and requiring compliance with, safety, health, and environmental standards with respect to the trail
(d) prescribing fees or a schedule of fees which may be charged to users of the trail;
(e) providing for the collection of fees;
(e.1) prescribing the fine or range of fines that a person is liable to, on summary conviction, where the person is found guilty of an offence for contravening a provision of the regulations;
(f) respecting the management or preservation of an area adjacent to the trail;
(g) prohibiting the use of certain vehicles on the trail;

The Act requires regulation of standards (14c) for safety, health, and environment.
Those standards must take in to consideration the risks to users associated with radiation from high voltage transmission line.
Regulations (14f) require proper management of the area adjacent to the trail. This would prohibit construction of power lines in such an environmentally sensitive area.
The Act (14g) provides for regulation preventing the use of "certain types of vehicles on the trail, this would certainly include large construction vehicles.




. The Trail Act General Regulations state:
2. (1) Within the right-of-way occupied by the trail, no person shall
(a) cut, destroy or remove trees, hedgerows, shrubs or other vegetation;
(b) plant or otherwise introduce plants on the trail;
(c) add or remove topsoil, sand, gravel or any other organic or inorganic material;
(d) construct or erect buildings, signs, fences, walls, dams, drainage systems or other structures of any kind;
(e) remove, damage or deface gates, benches, shelters or other
structures erected along the trail or at entrances or exits to the trail;
(f) remove or damage the trail surface, trail bed, bridges or any other surface or sub-surface features or structures of the trail;
(g) display any kind of advertisement, carry on any type of business
or offer for sale any article or service

We believe the construction of a power line along the trail will be in conflict with this regulation section a) because it will require the trimming or removal of trees. Section d) of the regulation prevents the construction of structures of any kind along the trail. This would clearly include the construction of a high tension power line.

For the above stated reasons we are asking IRAC to deny the request by Maritime Electric to increase their budget to construct a power line if it involves its construction along any part of the Confederation Trail.

Sincerely
Board of Island Trails