Process puts investor in limbo – WP Special Report

Reading Time: 3 minutes

Published: October 31, 2002

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.”

About the author

Michael Raine

Managing Editor, Saskatoon newsroom

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