DOCSLIB.ORG

Learning from the Experience of Others a Selection of Case Studies About Siting Processes

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Learning from the Experience of Others a Selection of Case Studies About Siting Processes Learning from the Experience of Others A Selection of Case Studies about Siting Processes NWMO SR-2006-03 August 2006 Stratos Ltd. Nuclear Waste Management Organization 22 St. Clair Avenue East, 6th Floor Toronto, Ontario M4T 2S3 Canada Tel: 416-934-9814 Web: www.nwmo.ca Nuclear Waste Management Organization The Nuclear Waste Management Organization (NWMO) was established in 2002 by Ontario Power Generation Inc., Hydro- Québec and New Brunswick Power Corporation in accordance with the Nuclear Fuel Waste Act (NFWA) to assume responsibility for the long- term management of Canada’s used nuclear fuel. NWMO's first mandate was to study options for the long-term management of used nuclear fuel. On June 14, 2007, the Government of Canada selected the NWMO's recommendation for Adaptive Phased Management (APM). The NWMO now has the mandate to implement the Government’s decision. Technically, Adaptive Phased Management (APM) has as its end-point the isolation and containment of used nuclear fuel in a deep repository constructed in a suitable rock formation. Collaboration, continuous learning and adaptability will underpin our implementation of the plan which will unfold over many decades, subject to extensive oversight and regulatory approvals. NWMO Social Research The objective of the social research program is to assist the NWMO, and interested citizens and organizations, in exploring and understanding the social issues and concerns associated with the implementation of Adaptive Phased Management. The program is also intended to support the adoption of appropriate processes and techniques to engage potentially affected citizens in decision-making. The social research program is intended to be a support to NWMO’s ongoing dialogue and collaboration activities, including work to engage potentially affected citizens in near term visioning of the implementation process going forward, long term visioning and the development of decision-making processes to be used into the future The program includes work to learn from the experience of others through examination of case studies and conversation with those involved in similar processes both in Canada and abroad. NWMO’s social research is expected to engage a wide variety of specialists and explore a variety of perspectives on key issues of concern. The nature and conduct of this work is expected to change over time, as best practices evolve and as interested citizens and organizations identify the issues of most interest and concern throughout the implementation of Adaptive Phased Management. Disclaimer: This report does not necessarily reflect the views or position of the Nuclear Waste Management Organization, its directors, officers, employees and agents (the “NWMO”) and unless otherwise specifically stated, is made available to the public by the NWMO for information only. The contents of this report reflect the views of the author(s) who are solely responsible for the text and its conclusions as well as the accuracy of any data used in its creation. The NWMO does not make any warranty, express or implied, or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information disclosed, or represent that the use of any information would not infringe privately owned rights. Any reference to a specific commercial product, process or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or preference by NWMO. Learning from the Experience of Others – Updated August 3, 2006 A Selection of Case Studies about Siting Processes Introduction Introduction Learning from the Experience of Others A Selection of Case Studies about Siting Processes 1. Introduction The Nuclear Waste Management Organization (NWMO) is reviewing a cross-section of experiences that will provide insight on the commitments (see attachment) established in Choosing a Way Forward. These on-going studies, which learn from the experience of others, will assist the NWMO: • In thinking about an appropriate siting process for the long-term management of Canada’s used nuclear fuel; and, • Plan and prepare for the dialogue which it will launch to develop this siting process collaboratively with potentially affected communities of interest, once the Government of Canada announces its decision on the long term waste management approach to be implemented. As part of this larger process, Stratos Inc. was commissioned by the NWMO to research and explore a variety of resources (internet searches, books, case study reports, etc.) representing a cross-section of practices and processes in order to explore insights related to site selection processes that would also provide insightful lessons relating to NWMO’s commitments. The areas selected for research and exploration were chosen in order to build upon other research being conducted, and to better anticipate and understand the key questions and issues that will need to be addressed by the NWMO both in the siting process to be developed, and in the collaborative dialogue to develop this siting process. The results of the research and exploration culminated in production of eight case studies and a book review (submitted under separate cover). The eight case studies listed roughly in chronological order, include: • The Berger Inquiry (NWT) • Review of the Voluntary Siting Process for the Management of Low Level Radioactive Waste from Port Hope (Ontario) • The Adams Mine (Ontario) • The Canadian Model Forest Program • Ekati and Diavik Diamond Mines (NWT) • Private Fuel Storage, LLC at Skull Valley Goshute Reservation (USA) • Oil Sands Development (Alberta) • The Northern Boreal Initiative and the Whitefeather Forest Initiative (Ontario) 1 Learning from the Experience of Others – Updated August 3, 2006 A Selection of Case Studies about Siting Processes Introduction To the extent to which the case studies lent themselves and information was available, research focused on the following areas: • Background / Understanding the nature of the project • Site Selection Process • Public Engagement / Consultation processes • Involvement of Local Communities / Community of interest • Involvement of Aboriginal people and Incorporation of Traditional Knowledge • Building Public Awareness and Understanding • Division of roles and responsibilities The following pages summarize some of the key insights attained through the case studies, supported by information from the relevant case studies. These insights and the accompanying detailed case studies (presented in subsequent tabs of this binder) may assist the NWMO in anticipating the key issues that will need to be addressed in the siting process development. 2. Summary of Insights related to Key Issues There is not a universal definition of willing host community. The case studies demonstrate that defining “willing host community” is a difficult task. Considerations that enter into the process of defining “willing host community” range from geographical boundaries (e.g. watersheds), political boundaries and representation (e.g. municipalities, reservations, etc.), to economic factors (e.g. areas of economic hardship, communities that would benefit economically from a new facility, etc.). The case studies cited below are both cautionary (in that they were unsuccessful) and are very much linked to the process for assessing community acceptance described in the next section. In the Adams Mine case study, defining a “willing host community” became a concern, as communities extending beyond the boundaries of the willing host community (i.e. the three local municipalities that were volunteering to host the landfill) expressed concern about potentially suffering from downstream ill effects (i.e. contaminants from the landfill spreading through the watershed). Further, it is unclear whether or not in the Adams Mine case there was a true “willing host community”. This is due in part to the fact that the site was located in an “unorganized” area which meant there was not a municipal government. Using Metro Toronto’s definition of willing host, this means that if a nominated site is located in an area without municipal organization, a resolution is required from neighbouring municipalities as may be deemed appropriate by the provincial government. Notre Development Corporation (the owner of the mine and the proponent of the landfill) 2 Learning from the Experience of Others – Updated August 3, 2006 A Selection of Case Studies about Siting Processes Introduction signed agreements with the three neighbouring communities of Kirkland Lake, Larder Lake and Englehart and resolutions were subsequently passed in those communities1. However, it has been debated that perhaps these three communities may not have been appropriately defined as the “hosts”. According to Notre, these communities constituted the catchment areas for the miners previously employed at the Adams Mine, and it was hoped that the proposed landfill would offset some of the economic losses that occurred when the mine closed. However, other surrounding communities felt that those that would be affected by the facility should actually have defined the “host communities”. Similar challenges arose in defining “willing host community” in the Private Fuel Storage (PFS) case study. Here, the community that was the focus of the study was the Skull Valley Goshute reservation. This is a small group of 25-30 First Nations people residing in Utah, in a desolate geographic location, surrounded by military bases
Load more

Recommended publications
  • Toronto Integrated Solid Waste Resource Management ("TIRM") Process - Request for Proposals for Disposal Services
    Toronto Integrated Solid Waste Resource Management ("TIRM") Process - Request for Proposals for Disposal Services (City Council on June 7, 8 and 9, 2000, amended this Clause by deleting from the recommendation of the Works Committee, after the words “Emergency Services”, the words “a verifiable environmental”, and inserting in lieu thereof the words “an environmental”, and adding to such recommendation the words “verifiable to the satisfaction of the Commissioner of Works and Emergency Services”, so that the recommendation of the Works Committee shall now read as follows: “The Works Committee recommends that TIRM Respondents offering disposal services be required to have in place at the time of contract implementation, or an implementation schedule acceptable to the Commissioner of Works and Emergency Services, an environmental management system for their disposal, operations and applicable transportation systems, verifiable to the satisfaction of the Commissioner of Works and Emergency Services.”) The Works Committee recommends that TIRM Respondents offering disposal services be required to have in place at the time of contract implementation, or an implementation schedule acceptable to the Commissioner of Works and Emergency Services, a verifiable environmental management system for their disposal, operations and applicable transportation systems. The Works Committee reports, for the information of Council, having received presentations by the following Respondents to the TIRM Request for Proposals for Disposal Services: - Essex-Windsor Solid Waste Authority, represented by: - Mr. Todd R. Pepper, General Manager, Essex-Windsor Solid Waste Authority. (A copy of the aforementioned presentation was submitted to the Committee.) - Green Lane Landfill, represented by: - Ms. Anne Hiscock, Green Lane Landfill. (A copy of the aforementioned presentation was submitted to the Committee.) - Onyx North America Corporation (formerly Browning Ferris Industries), represented by: - Mr.
    [Show full text]
  • Canadian-American Environmental Relations: a Case Study of the Ontario-Michigan Municipal Solid Waste Dispute
    Canadian-American Environmental Relations: A Case Study of the Ontario-Michigan Municipal Solid Waste Dispute by Taylor Ann Heins A thesis presented to the University of Waterloo in fulfillment of the thesis requirement for the degree of Master of Environmental Studies in Environment and Resource Studies Waterloo, Ontario, Canada, 2007 ©Taylor A. Heins 2007 I hereby declare that I am the sole author of this thesis. This is a true copy of the thesis, including any required final revisions, as accepted by my examiners. I understand that my thesis may be made electronically available to the public. ii Abstract Canada and the United States are faced with many cross-border environmental issues and therefore must negotiate potential solutions with one another. Complicating such negotiations is the fact that both countries are federal systems which require negotiations and decision-making interactions amongst various levels of government domestically which, in turn, influence and are influenced by bilateral relations. Therefore, this study focuses on governmental relations both within each country (intergovernmental relations) and between the two countries (bilateral/international relations). Using the Ontario-Michigan Municipal Solid Waste dispute (1996-2006) as a case study, this thesis advances an organizational framework for the examination of the role of formal and informal interactions in shaping bilateral environmental policy. Through application of this framework, it is revealed that both formal and informal federal level relations in the U.S. prevented sub-national and local level authorities from effectively developing a solution to the dispute. Future studies which apply the organizational framework used in this thesis to other cross-border environmental issues are needed in order to determine whether such conclusions hold true in the case of all cross border disputes.
    [Show full text]
  • Lesson's Learned
    What’s Up Up North!!! Lesson’s Learned Sustainable Integrated Solid Waste Resource Management in Canada in the 21st Century © 2014 HDR, all rights reserved. Background Key Projects Key Lessons Learned Summary BACKGROUND BY THE NUMBERS Population: ~35 million (1/10 the US) about approximately the size of California Landmass: ~ 9.9 M sq km (slightly larger than the US) 13 Provinces and Territories Approximately 90% of the population is concentrated within 160 km (100 mi) of the US border Generates ~ 25 million tonnes per year ( ~ 27 M tons) WASTE MANAGEMENT IN CANADA KEY CANADIAN PROJECTS KEY PROJECTS City of Toronto Regions of Durham/ York City of Edmonton Southern Alberta Energy from Waste Alliance City of Surrey This image cannot currently be displayed. CITY OF TORONTO Over 4 million inhabitants Generates over 1,000,000 tonnes per year Separate collection of Recyclables and Organics Key City Owned Facilities: o Dufferin Creek AD Plant – 27,500 tons per year o Disco Road AD Plant – 83,000 tons per year o Green Lane Landfill (out-of-City) – capacity to 2040 TORONTO’S WASTE STRATEGY VISION Reduce the amount of waste generated, reuse what they can, and recycle and recover the remaining resources to reinvest back into the economy. Embrace a waste management system that is user friendly with programs and facilities that balance the needs of the community and environment with long term financial sustainability. Ensure a safe, clean, beautiful and healthy City for the future. EVALUATING LONG TERM OPTIONS EVOLUTION OF WASTE MANAGEMENT IN DURHAM REGION Durham Region was established in 1974.
    [Show full text]
  • Statement of Claim, As Required by the Proceedings Against the Crown Act
    Archived Content Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us. Contenu archivé L'information archivée sur le Web est disponible à des fins de consultation, de recherche ou de tenue de dossiers seulement. Elle n’a été ni modifiée ni mise à jour depuis sa date d’archivage. Les pages archivées sur le Web ne sont pas assujetties aux normes Web du gouvernement du Canada. Conformément à la Politique de communication du gouvernement du Canada, vous pouvez obtenir cette information dans un format de rechange en communiquant avec nous. UNDER THE UNCITRAL ARBITRATION RULES AND SECTION B OF CHAPTER Ii OF TIlE NORTH AMERICAN FREE TRADE AGREEMENT BETWEEN: VITO G. GALLO Investor v GOVERNMENT OF CANADA (“Canada”) Party STATEMENT OF CLAIM A. NAMES AND ADDRESSES OF THE PARTIES CLAIMANT! INVESTOR: Vito G. GallooAc) ENTERPRISE: 1532382 Ontario Inc. 225 Duncan Mill Road Suite 101 Don Mills, Ontario M3B 3K9 Canada PARTY: GOVERNMENT OF CANADA Office of the Deputy Attorney General of Canada Justice Building 239 Wellington Street Ottawa, Ontario KIA 0H8 Canada 1. The Investor alleges that the Government of Canada has breached, and continues to breach, its obligations under Chapter 11 of the NAFTA, including, but not limited to: (i) Article 1105, The Minimum Standard of Treatment (ii) Article 111 0, Expropriation and Compensation 2.
    [Show full text]
  • Claimant Post-Hearing Submission (Redacted)
    UNDER THE UNCITRAL ARBITRATION RULES AND SECTION B OF CHAPTER 11 THE NORTH AMERICAN TRADE AGREEMENT BETWEEN: VITO GALLO Claimant /Investor v. GOVERNMENT OF CANADA ("Canada") Respondent/Party CLAIMANT'S POST -HEARING BRIEF RE: OWNERSHIP OF THE INVESTMENT REDACTED April8, 2011 BENNETT GASTLE Professional Corporation Lawyers 36 Toronto Street, Suite 250 Toronto, ON M5C 2C5 Charles M. Gastle Tel: 416.361.3319ext.222 Fax: 416.361.1530 MURDOCH R. MARTYN Barrister and Solicitor 33 Hazelton Avenue, Suite 94 r.rr.nTr- ON M5R 2E3 the Investor Tel: 416.433.2890 Fax: 416.964.2328 Of counsel, TODD WEILER UNDER THE UNCITRAL ARBITRATION RULES AND SECTION B OF CHAPTER 11 OF THE NORTH AMERICAN AGREEMENT BETWEEN: VITO G. GALLO Investor V. GOVERNMENT OF CANADA ("Canada") Party CLAIMANT'S POST -HEARING BRIEF 1. The issue before the Tribunal is whether Mr. Vito Gallo ("Gallo") owned or controlled 1532382 Ontario Inc. (the "Enterprise") prior to the introduction of the Adams Mine Lake Act ("AMLA") into the Ontario legislature on April 51h, 2004. The Claimant met his burden of proof by placing the Enterprise's Minute Book into the evidentiary record and by proving how Ontario law the applicable law under NAFTA Article 11 17 - recognizes that Gallo has controlled the Enterprise since its incorporation in 2002. The Minute Book contained both the original shareholders' register and the original share certificates. None of the evidence adduced at the hearing suggested otherwise. Instead, the forensic evidence and the viva voce evidence support and verify the authenticity of the documents. no answer this prima claim. All of hopes were tests, the of which only strengthened the Claimant's prima facie case.
    [Show full text]
  • ARV79: Annual Report, Mining Operations, 1969
    THESE TERMS GOVERN YOUR USE OF THIS DOCUMENT Your use of this Ontario Geological Survey document (the “Content”) is governed by the terms set out on this page (“Terms of Use”). By downloading this Content, you (the “User”) have accepted, and have agreed to be bound by, the Terms of Use. Content: This Content is offered by the Province of Ontario’s Ministry of Northern Development and Mines (MNDM) as a public service, on an “as-is” basis. Recommendations and statements of opinion expressed in the Content are those of the author or authors and are not to be construed as statement of government policy. You are solely responsible for your use of the Content. You should not rely on the Content for legal advice nor as authoritative in your particular circumstances. Users should verify the accuracy and applicability of any Content before acting on it. MNDM does not guarantee, or make any warranty express or implied, that the Content is current, accurate, complete or reliable. MNDM is not responsible for any damage however caused, which results, directly or indirectly, from your use of the Content. MNDM assumes no legal liability or responsibility for the Content whatsoever. Links to Other Web Sites: This Content may contain links, to Web sites that are not operated by MNDM. Linked Web sites may not be available in French. MNDM neither endorses nor assumes any responsibility for the safety, accuracy or availability of linked Web sites or the information contained on them. The linked Web sites, their operation and content are the responsibility of the person or entity for which they were created or maintained (the “Owner”).
    [Show full text]
  • Bompass Twp Prop
    42Aeiswe*ei 2.9235 BOMPASS 010 ANALYSIS The attached analysis are the results of work performed on 1 samples taken on Claim L-803495 Township of Bompas. The sample descriptions were written by L. K. O liver, P. Eng. The analysis for iron, magnesium, sulphur, calcium, sodium, aluminum, and potassium were completed at the Adams Wine Laboratory under the direc tion of Mr. J. F. Leclair, Chief Chemist. Gold and silver analysis on sample 8.0.M.-l was completed at the Macassa Wine assay office. The attached report is signed by T. Webber. Samples B.O.M.-2 and B.O.M.-3 were forwarded to the Temiskaming Testing Laboratory in Cobalt for gold assay. The report is signed by Mr. D. L. Larabie, Manager. The cost for the T.T.L. work is the standard T.T.L. rate as communicated by Mr. Larabie. The balance of the work is based on Swastika Laboratory fee schedule a copy of which is attached. These fees have not changed since 1984. On this basis the charges for the analysis are as follows: ADAMS LABORATORY Sample preparation 2.75 D C f C 11/C rx Iron (total Fe) 11.00 K t L 11 V C D Magnesium (MgO) 18.50 sulphur is) u.oo JUL 1 01986 Calcium !CaO) 19.00 Sodium (Na^O) 12.50 Aluminum Slip.),,,..~, le.©so MINING LANDS SECTION Potassium (K^OT 12.50 108.75 108.75 x 3 samples 1326.25 Macassa Laboratory: Gold S8.50 Silver 8.50 17.00 Temiskaming Testing Laboratory: 2 Gold @ 10.50 ea.
    [Show full text]
  • Under the Uncitral Arbitration
    UNDER THE UNCITRAL ARBITRATION RULES AND SECTION B OF CHAPTER Ii OF TIlE NORTH AMERICAN FREE TRADE AGREEMENT BETWEEN: VITO G. GALLO Investor v GOVERNMENT OF CANADA (“Canada”) Party STATEMENT OF CLAIM A. NAMES AND ADDRESSES OF THE PARTIES CLAIMANT! INVESTOR: Vito G. GallooAc) ENTERPRISE: 1532382 Ontario Inc. 225 Duncan Mill Road Suite 101 Don Mills, Ontario M3B 3K9 Canada PARTY: GOVERNMENT OF CANADA Office of the Deputy Attorney General of Canada Justice Building 239 Wellington Street Ottawa, Ontario KIA 0H8 Canada 1. The Investor alleges that the Government of Canada has breached, and continues to breach, its obligations under Chapter 11 of the NAFTA, including, but not limited to: (i) Article 1105, The Minimum Standard of Treatment (ii) Article 111 0, Expropriation and Compensation 2. The relevant portions of the NAFTA are attached as “Appendix ‘A” hereto. B. FACTS SUPPORTING THE CLAIM B. I IDENTITY OF THE cLAIMANT, THE INVESTMENT, AND THE ENTERPRISE 3. This claim is brought on behalf of 1532382 Ontario Inc. (“the Enterprise”). The Enterprise was incorporated under the laws of Ontario on June 26, 2002.1 4. The Enterprise owns and controls what had been a licensed waste site whose lands included a former iron ore mine located in Northern Ontario, known as the Adams Mine Site 2. Adams Mine Site is approximately 10 kilornetres south-east of the (“the Investment”)3The town of Kirkland Lake. 4 5. The Investor, Mr. Vito Gallo, is a national of the United States, resident in Pennsylvania. 6. Mr. Brent Swanick is the President and sole director of the Enterprise.
    [Show full text]
  • Resources – Not Garbage Municipal Solid Waste in Ontario
    RESOURCES – NOT GARBAGE MUNICIPAL SOLID WASTE IN ONTARIO By John Jackson Prepared for The Environmental Agenda for Ontario Project March 1999 SUMMARY Current Status In 1996, almost 9 million tonnes of municipal solid wastes were generated in Ontario. This amount was almost identical to the amount of wastes generated in 1987, almost ten years earlier. Approximately 80% of the waste generated was dumped into landfills in 1996. As of 1996, garbage disposal had been reduced by 22% from 8.9 million tonnes in 1987 to seven million tonnes in 1996. This means that four years after the provincially-set 1992 interim target date, we still have not met the interim target of 25% reduction. This makes it very unlikely that the target of 50% reduction by 2000 will be achieved. Disposal of garbage from residences has increased by 2.6% between 1987 and 1996. Disposal from the industrial, commercial and institutional sectors has decreased by 60%. This failure to reduce wastes generated and disposed of results in: wasted valuable resources, increased energy use, increased contamination at both the production and disposal stages, increased use of water at the production stage, increased climate change because of the release of methane by decomposing garbage, and the release of toxic contaminants from waste disposal facilities to the air and to surface and ground waters. The failure to reduce garbage generation and disposal to a greater extent has resulted in proposals for the expansions of many landfills across the province and for the creation of new mega-sites such as the Adams Mine in northern Ontario.
    [Show full text]
  • Adams 20Mine 20Decision
    EAB Decision: Notre Development Corporation EA-97-01 ENVIRONMENTAL ASSESSMENT BOARD EA-97-01 Notre Development Corporation (Adams Mine Site) Decision and Reasons for Decision In the matter of an application submitted by Notre Development Corporation for the development and operation of the South Pit of the Adams Mine as a Landfill located in Boston Township, south east of the Town of Kirkland Lake; And in the matter of the questions concerning the proposed “hydraulic containment” design, as referred to the Board by the Minister of the Environment, pursuant to Section 9.2 of the Environmental Assessment Act; And in the matter of the Environmental Assessment Act, R.S.O. 1990, c.E- 18, as amended. Before: Len Gertler - Chair Pauline Browes - Member Don Smith - Member (Dissenting) Dated at Toronto this 19th Day of June, 1998. 2300 Yonge Street Suite 1201 Toronto, Ontario M4P 1E4 Tel: (416) 314-4600 Table of Contents EAB Decision: Notre Development Corporation EA-97-01 Appearances ............................................................1 Participants .............................................................1 Witnesses ..............................................................2 The Decision ............................................................3 Reasons for Decision .....................................................4 1. Introduction .......................................................4 1.1 The Application and the Minister’s Referral .........................4 1.2 The Hearing Process ...........................................7
    [Show full text]
  • Northeastern Ontario Faces Threat of Adams Mine Dump ... Again
    Northeastern Ontario Faces Threat of Adams Mine Dump ... Again A highly controversial proposal to ship Toronto's garbage 8 hours north for dumping in an abandoned open pit mine has been pushed back into the limelight, amid a rash of controversies and charges of unfair dealing. Secret land deals, million dollar political donations and interference from the highest level of government have all been part of the picture as garbage entrepreneur and recently convicted tax evader Gordon McGuinty of Notre Development tries once again to lure Toronto trash away from the waste company currently contracted to ship the municipality's solid waste to private landfills in Michigan. When the City of Toronto walked away from the deal in the fall of 2000 because of liability concerns, local residents breathed a sigh of relief, after having fought the deal for more than decade. But accounts of meetings in February between Notre Development and CN Rail to map out a strategy to foment discontent over Toronto's shipping of garbage to Michigan signaled an end to that respite. In the intervening months tension has steadily built, as local activists and politicians drew the connecting lines between several powerful new players backing the most recent version of the Adams Mine deal. New on the scene is Mario Cortellucci, a multi-millionaire land developer in the Toronto region. Cortellucci is also the new owner of the Adams Mine, and the single largest donor to the Ontario Progressive Conservative Party, having donated over a million dollars since the Conservatives came to power in 1995. One of the issues at the heart of the current controversy is a land deal which would see the Province of Ontario sell Cortellucci 2,000 acres of land surrounding the mine pits - the land acquisition is key to the project going ahead - for just $22 per acre.
    [Show full text]
  • Redacted Version
    IN THE MATTER OF AN ARBITRATION UNDER CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT and THE UNCITRAL ARBITRATION RULES between VITO G. GALLO (Claimant) and THE GOVERNMENT OF CANADA (Respondent) AWARD ARBITRAL TRIBUNAL Professor Juan Fermindez-Armesto (President) Professor Jean-Gabriel Castel, OC, Q.C. Dr. Laurent Levy Secretary to the Tribunal: Mrs. Deva Villanua Gomez Registry: Permanent Court of Arbitration (Mr. Martin Doe) Gallo v. Canada Page 2 of73 TABLE OF CONTENTS I. THE PARTIES 4 II. THE TRIBUNAL 5 III. PROCEDURAL HISTORY 6 IV. INTRODUCTION 18 v. POSITION OF THE PARTIES 19 1. The Claimant's case 19 2. The Respondent's case 22 VI. FACTS 25 1. Dramatis Res et Personae 25 2. The purchase of the Adams Mine 26 3. Incorporation of the Enterprise 30 4. The Limited Partnership and related Agreements 41 5. Management of the Enterprise and of the Adams Mine 43 6. Tax returns of Mr. Gallo and of the Enterprise 45 7. Mr. Gallo's activities in the US 46 8. Efforts to resell the Adams Mine: the li{jg Agreement 47 9. Enactment of the AMLA 50 VII. ASSESSMENT OF EVIDENCE 53 1. Introduction: The burden of proof 53 2. Weighing of Evidence regarding the Factual Record 53 PCA 55798- NAFTA Gallo v Canada Gallo v. Canada Page 3 of73 VIII. LEGAL ANALYSIS 62 I. Introduction 62 2. Lack of Jurisdiction Ratione Temporis 63 IX. CONCLUSION 66 X. COSTS 69 I. The Costs of Arbitration 70 2. The Costs of Legal Representation and Assistance 71 XI. DECISION 72 PCA 55798 - NAFTA Gallo v Canada Gallo v.
    [Show full text]