Taiwan Sugar, the multinational company that wants to build an
intensive livestock facility in Alberta, says it is still considering
building in Canada despite court delays and confusion over municipal
approvals.
The company is awaiting an Alberta appeal court ruling on whether it
can begin construction on the province’s largest hog development to be
located near Hardisty.
In the mid- to late-1990s, the state-owned Taiwan Sugar Corporation was
courted nationally, provincially and regionally, in hopes it would
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Taiwan initially wanted to build in southeastern Alberta, but when the
County of Forty Mile rejected the plan, a second application was made
to another municipality 400 kilometres to the north.
In November 2000, Taiwan Sugar was given permission by the County of
Flagstaff to go ahead with the project. Land was purchased from local
farmers and a foreign ownership transfer application was made.
Local opponents to the 14 barn, 7,200-sow complex, to be located 170
kilometres southeast of Edmonton, objected to the development and the
200 million litres of manure it would produce annually.
Opponents appealed, first to the county and later to the Alberta Court
of Appeals, which approved a tribunal hearing to stop construction.
Testimony from the appeal process pitted the science of opponents
against that of the developer. It also pitted the rights of local
landowners against the development plans of foreign investors.
Lana Love is a Hardisty-area grain farmer who leads opposition to the
project.
“We have the right to own our farm and enjoy our clean air and water,”
she said. “Does Taiwan Sugar have the right to own land in Flagstaff
County and do whatever they want on their land? Maybe. But what if it
affects my water and my air? We hope that the tribunal will decide in
favour of our property rights instead of theirs. It is an uncomfortable
position for any farmer to be in,” she said.
Nearly two years later, the future of the project is still up in the
air.
The appeal court has heard testimony from Taiwan Sugar’s
representatives and from two county residents who are concerned about
water quality, manure management and setback distances from nearby
homes.
In December the court reserved its decision until this year.
“And here we are, waiting,” said Clarence Froese of DGH Engineering,
the company representing Taiwan Sugar.
“Taiwan Sugar said, ‘if the Alberta court can wait, so can we’ and when
a decision is finally made by the court, Taiwan Sugar too will decide
on whether to build, retain (its land) and not build, or liquidate
their land assets in Flagstaff County.”
The tribunal has yet to render a decision.
Meanwhile, new legislation has been passed in Alberta, reducing the
power municipalities have in determining where intensive livestock
operations can be
located.
A single agency, the Natural Resources Conservation Board, now approves
applications for barn construction and manure disposal.
“Would having the NRCB in place mean we are not in the Court of Appeals
right now over these barns? Not likely,” mused Froese.
“But the process to get there might have been a whole lot more
straightforward.”
Love said that if the NRCB had been in charge of the application, it
would still have been given a “rough ride” locally.
But she wonders if local landowners would have had the same opportunity
to launch their appeal.
“The province is actively trying to take that away from us … even as
the rules are now, if the NRCB didn’t make any mistakes, the final
appeal would have been denied,” she said. “We have two barns built
recently. They are much smaller and locally owned, and they didn’t have
any problem getting approved.”