Anmore Renewable Energy Foundation (AREF)
For Context and Earlier Bite-sized Pieces from Access to Information Requests please scroll down the page.
Resigned Anmore Mayor Hal Weinberg, Chair of the now defunct Anmore Renewable Energy Foundation in front of non-operating solar panels beside the Village Hall
Anmore Solar Panel Update: Current Councillors McEwen and Palmer-Isaak were trustees of the now defunct Anmore Renewable Energy Foundation (AREF). Western Diversification Canada has claimed the solar panels for money owing from the Foundation. Councillors Palmer-Isaak and McEwen voted in favour of this move and against a resolution by Councillor Sedergreen, MD, to establish an independent inquiry into the demise of AREF. Mayor Anderson said that it was not up to her to rule the two former trustees in Conflict-of-Interest. She voted with them on both of these issues. Mr. Dave Romaniuk of Elworthy Electric reported to Council that the Foundation also owes his company for most of the $47,000 (plus interest) for the installation of the solar panels beside the Village Hall. (06-06-11)
Environment Week - A Calgary teen recently received the Scotiabank EcoLiving Student Leadership Award for her invention, the SunSaluter.
"It was a very simple and inexpensive invention, yet it has a huge impact," said Green Living chief executive and president Laurie Simmonds. "Increasing and optimizing energy by 40 per cent — I mean, this is just remarkable that this young woman has done this." To read the full story Click Here (06-06-11)
The controversial Anmore Renewable Energy Foundation was on the Agenda for the Regular Council Meeting, March 8, 2011. For more information Click Here . Mr. Dave Romaniuk of Elworthy Electric told Council that the Anmore Renewable Energy Foundation owed them for most of the $47,000 (plus interest) for the installation of the solar panels beside the Village Hall.
Anmore Renewable Energy Project (AREP) proposed Run-of-River Site at Rouge Junction at Buntzen Lake from the Original Anmore Renewable Energy Foundation website
June 16, 2010
Dear Editor,
... How is your quest to unfold the conspiracy of the AERF? Many of us are waiting to see what has been discovered on your guys end. Its been quite awhile since Camille posted that editorial (months) but yet no conclusive / concrete info has been supplied. Was this yet another dead end conspiracy? Another example of something that probably embarrassed all that were apart of it...
Thanks
Denny Arsene
Editor's Note: A great deal of information has been received from the Anmore Renewable Energy Foundation $250,000+ grant funders (Western Economic Diversification Canada, BC Environment, and Metro Vancouver). In response to Mr. Arsene's request, this information will be made available in bite-sized pieces for Anmore Alternative News readers. This new web-page has been set up for this purpose and each subsequent installment will be posted here. Please scroll down the page for earlier pieces.
26. Twenty sixth installment of the Anmore Renewable Energy Foundation (AREF) Information (16-12-10) : Western Economic Diversification Media Contact Information and backgrounder for the Tricity News. Former Mayor Weinberg, and Councillors McEwen and Palmer-Isaak resign as Trustees for the Anmore Renewable Energy Foundation (10-09-09). Councillor McEwen resolves to defer the establishment of a Select Committee to inquire into Anmore's potential liability for the AREF. Councillor Palmer-Isaak and Mayor Anderson voted in favour of this motion. (13-07-10) Click Here
Background:
The following letter, presented to Mayor and Council on February 20, 2010, is provided as context for the Information from the AREF Project Sponsors (British Columbia Ministry of the Environment, Western Economic Diversification Canada, and Metro Vancouver) to be presented in bite-sized copies starting on June 21, 2010. See the first contribution from the BC Ministry of the Environment below the letter.
February 20, 2010
To: Anmore Mayor and Council
From: Dr. Lynn Elen Burton, (past Director of Environmental Citizenship, Environment Canada and Senior Advisor to the National Advisory Board on Science and Technology chaired by the Prime Minister of Canada)
Dear Council members,
Last June, motivated by academic curiosity, I made an Access to Information request to Western Economic Diversification Canada for a copy of the final feasibility study submitted by the Anmore Renewable Energy Foundation (AREF) in completing their $120,000 project. In response, I was told that none had been produced and that WEDC had asked the Anmore Renewable Energy Foundation to revise their proposal.
I then requested the revised terms of reference for the AREF project. This time, WEDC told me that the AREF had not revised the proposal. Instead, WEDC sent the Due Diligence Report on which the $120,000 funding was based. WEDC also indicated that they were withholding other information under Ministerial privilege and that I could contact the Privacy Commissioner if I wished to further pursue this information request. This has been done.
At the same time, a web search revealed that the Charitable Status of the Anmore Renewable Energy Foundation had been revoked by the Canada Revenue Agency in July 2008. Further questioning revealed that such a revocation of charitable status by CRA is not done without considerable advanced warning. Now very curious, I wrote to all of the other identified contributors to the project and asked for all of the information in their files on the Anmore Renewable Energy Foundation. Some have sent information. Others are still in process.
It was quite a surprise when a timeline from these requests revealed that the AREF continued to operate after the revocation of its charitable status. It held a high profile press event for the unveiling of the solar panels just prior to the last municipal election; brought the Village of Belcarra into the partnership in September 2008; and Mayor Weinberg appointed Councillors McEwen and Palmer-Isaak as new trustees for the Foundation and lauded it in his inaugural speech on Dec. 1, 2008.
While all of the information that I had received was of academic interest, it wasn’t until the Received Minutes of the Anmore Standing Committee on the Environment, Sept. 14, 2009, “reported that Anmore’s Renewable Energy Foundation is no longer and other than discussions regarding what will happen with the solar panels, the project has concluded” that I realized how significant some of these findings might be.
I thought, no doubt, any donors to this ‘charity’ would be concerned about the validity of their charitable contributions and the AREF trustees might be worried about their past and ongoing involvements. I also wondered about specifics such as: if, in its documents, the AREF was ‘the Village’ rather than merely Village officials ostensibly acting independently of the Village; whether the Village had been a donor or would be asked to pay for any outstanding debts; and if perhaps any payments from the $250,000 shown as donated so far, in the letter from Mayor Weinberg to Metro Vancouver requesting an additional $8,000, went to any project of a non-charitable nature.
As reported in the Tricity News, Oct. 22, 2009, I was looking forward to Mayor Weinberg’s explanation of the AREF demise and the accounting for the money at the Oct. 27 Village Council meeting. This did not occur. I then looked forward to hearing about the full disclosure to the public that Mayor Weinberg has promised for the December 1, 2009 Council meeting. While resigning Mayor Weinberg did make a report of sorts, it was certainly not the promised full disclosure and he left the meeting before the public question period so no further questions could be asked.
The Anmore Renewable Energy Foundation has been lauded as model for small communities across Canada. While I have concerns about the earlier proposed run-of-river project at Rouge Junction in Buntzen Lake Park reported on the original Anmore Renewable Energy Foundation website, I applaud efforts to introduce appropriate alternative energy sources. From my perspective, it would be a real shame if other not-for-profit enterprises, and attempts to introduce renewable energy initiatives in Anmore and elsewhere in Canada, are in any way compromised, or impaired, by possible bad management of significant public funds in Anmore.
Sincerely yours,
Dr. Lynn Elen Burton
1. First Installment of Information Received from Grant Funders: British Columbia Ministry of the Environment, E-mail correspondence relative to the AREF for the period from January 28, 2009 - April 15, 2009 in a package of information sent from Elizabeth Vander Beesen, Manager, Access Records Services, Ministry of Citizens' Services, January 18, 2010. Click Here
The e-mail correspondents are: 1) Lee Theissen, Director of Climate Change, MOE and AREP manager within the Ministry of the Environment, 2) Dr. Hal Weinberg, Anmore Mayor, AREP Manager and AREF Chair, 3) R. Guy Heywood, Renaissance Power Corp (IPP), 4) Doug Colby, Renaissance Power Corp (IPP), 5) Mark Ferrari, Team Manager, Monitoring and Payments, Western Economic Diversification Canada, 6) Linday Kingsbury, CA for the Honourable Iain Black, 7) Michael Shepard, Executive, BC MOE.
BC Ministry of the Environment Transfer Payment Request and Grant Agreement Click Here
2. Second Installment of Information Received: (July 2, 2010)
- July 12, 2008 - Canada Revenue Agency Revokes the Charitable Status of the Anmore Renewable Energy Foundation
- September 8, 2008 – Village of Belcarra Regular Council Meeting Minutes (pgs. 5 and 6) - Anmore Mayor Hal Weinberg, Chair of the Anmore Renewable Energy Foundation requests that the Village of Belcarra enter into negotiations with the Anmore Renewable Energy Foundation to join the foundation as a partner with the Village of Anmore.
3. Third Installment of Information Received: Click Here
1. Number One: E-mails on start-up grants for the Anmore Renewable Energy Foundation received from the British Columbia Ministry of the Environment. (2005-2006)
This $75,000 grant leveraged another $120,000.00 grant from Western Economic Diversification Canada. Other identified sources total over $260,000.00.
2. Number Two: i) Western Economic Diversification Canada original Disclosure of Grants and Contributions for $120,000.00 ii) Western Economic Diversification Canada revised Disclosure of Grants and Contributions reduced to $72,670.00.
(July 9, 2010)
Fourth Installment of Information Received: (July 16, 2010)
Is the Village of Anmore liable for any outstanding debts of the now defunct Anmore Renewable Energy Foundation?
June 24, 2010 e-mail from Michael Fisher of Western Economic Diversification Canada to Sharleen Karamanian "I have asked for a justice opinion to confirm the Village's possible liability for the debts of the Foundation." Click Here
British Columbia Ministry of the Environment - Transfer Payment Request - December 15, 2005 - Paragraph One - Rationale for Funding. "The Anmore Renewable Energy Project (AREP) will be operated and managed through the Anmore Renewable Energy Foundation (AREF) under the control of the Village of Anmore." Click Here
- Western Economic Diversification Canada Due Diligence Study - January 23, 2007 - Description and Eligibility of the Proponent. "Financial information will be reported in the financial statements of the Village of Anmore." Click Here
(16-07-10)
Fifth Installment of Information Received from Grant Funders: The attached includes information received from Metro Vancouver. An $8,000 grant was donated to AREF at almost the same time as the Foundation's charitable status was being revoked by the Canada Revenue Agency. Included in this package are:
i) the Metro Vancouver grant approval dated June 27, 2008.
ii) the recommendation from Metro Vancouver, Chief Financial Officer that the $8,000 grant be approved
iii) An application letter from Anmore Mayor Hal Weinberg giving the scope of the project and public and private sector money and in-kind contributions received to date.
iv) attachments to the above.
Rex Wexler, Co-founder of Green Peace, on Private Power and the Myth of Endless Growth 26-07-10 Click Here
Sixth Installment of Information : The attached includes information about Independent Power Producer, Renaissance Power, the principal private-sector partner with the Anmore Renewable Energy Foundation. Former BC Attorney General, Geoff Plant, was the Chairman of Renaissance Power when the AREF received its intial funding from Environment BC. Renaissance Power merged with Dao Power in Ontario in February, 2010, four months after AREF trustees, former Anmore Mayor Weinberg, and Councillors Palmer-Isaak and McEwan resigned. AREF was a main project of Renaissance Power. Click Here
Seventh Installment of Information : The attached Power Point presentation about the Anmore Renewable Energy Foundation was made to the Union of British Columbia Municipalities in 2006. Click Here (06-08-10)
Eighth Installment of Information : Western Economic Diversification Canada Due Diligence Report (13-08-10) Click Here
Ninth Installment of Information: 1) Former Mayor Weinberg's Inaugural Address In December 2008. Click Here 2) Former Mayor Weinberg's address on his resignation only one year into his three year term necessitating a by-election in May 2010. (20-08-10) Click Here
10. Tenth Installment of Information: Anmore Renewable Energy Foundation Power Power Point Presentation by Guy Heywood, Renaissance Power, May 2008. Renaissance Power merged with Dao Power in Ontario in February, 2010. (27-08-10) Click Here
11. Eleventh Installment of Information Received from Grant Funders: The deal with University of Victoria re: 'we've scratched your back, you scratch mine' collaboration (07-09-10) Click Here
12. Twelfth Installment of Information Received from Grant Funders: The Anmore Renewable Energy Foundation trustees resign and the foundation is dissolved. (10-09-10) Click Here
13. Thirteenth Installment of Information Received from Grant Funders: The Media gets involved and WEDC has questions about the reporting(17-09-10) Click Here
14. Fourteenth Installment of Information Received from Grant Funders: Western Economic Diversification Canada Media contact information on the Anmore Renewable Energy Foundation. Click Here 24-09-10
15. Fifteenth Installment of Information on the Anmore Renewable Energy Foundation. The Project. The original run-of-river project proposed for Rouge Junction. (September 30, 2010) Click Here
16. Sixteenth Installment of Information on the Anmore Renewable Energy Foundation. Amendment to the Western Economic Diversification Canada Agreement No. 000004232 December 2009 (08-10-10)
17. Seventeenth Installment of Information on the Anmore Renewable Energy Foundation. Western Diversification Canada has over-paid the AREF. Click Here (15-10-10)
18. Eighteenth Installment on the Anmore Renewable Energy Project. Correspondence from Mark Ferrari to Guy Heywood dated March 18, 2009 regarding the overpayment. (22-10-10) Click Here
19. Nineteenth Installment. Correspondence from Mark Ferrari to Michael Fisher. Time to move forward. The actual amount owing by Anmore must be determined. Memos from March 22, 2010 and March 23, 2010. (29-10-10) Click Here
20. Twentieth installment of the Anmore Renewable Energy Foundation. "I have asked for a Justice opinion to confirm the Village's possible liability for the debts of the Foundation." Click Here
21. Twenty first installment of the Anmore Renewable Energy Foundation. "I'm in no position at all to change the signed transfer agreement or to send a letter with an interpretation that is inconsistent with the agreement". Click Here
22. Twenty second installment of the Anmore Renewable Energy Foundation Access to Information. Councillor McEwen, a Trustee of the non-profit society, puts forward a motion to defer the motion to create a select committee of Council to look into the circumstances of the dissolved Anmore Renewable Energy Foundation. This motion was seconded by the other Anmore Council Trustee of the Foundation when it was dissolved, Councillor Palmer-Isaak.The two Councillors and Mayor Anderson voted in favour of Councillor McEwen's motion. Councillors Piamonte and Sedergreen were opposed. (19-11-10) For details Click Here
23. Twenty third installment of the Anmore Renewable Energy Foundation Information:
Dear Editors,
Thank you for you weekly reports illuminating the life, death and aftermath of the Anmore Renewable Energy Foundation. Would you happen to know if Elworthy Electrical ever got paid for the work they did installing the solar panels? As I recall, in December 2009 they were still owed in excess of $30,000 for the work they completed in early 2008.
Thanks
Liz Ellwood (23-11-10)
Editor's Note: Dear Ms. Ellwood,
I am sorry. The information that I have received does not show that the money due to Elworthy Electrical was ever paid. I have requested access to the information about the Anmore Renewable Energy Foundation in the Anmore Village Hall. While the CAO, Howard Carley indicated that the access would be granted, he recently said that the material is not available since it has been sent to a lawyer. (23-11-10)
24. Twenty-fourth installment of the Anmore Renewable Energy Foundation Information: The Canada Gazette announces the revokation of the charitable status of the Anmore Renewable Energy Foundation in July 2008 Click Here (05-12-10)
25. Twenty-fifth installment of the Anmore Renewable Energy Foundation Information - Trust Deed pieces.
Dear Editors,
Thanks for making me Installment 22 of the Anmore Renewable Energy Foundation information releases ...makes me feel important. I wonder have you ever been able to get a copy of the Trust Deed which established AREF?
Last week I knew nothing about trusts and Trust Deeds but I've done quite a bit of research and am quite curious about the AREF situation. I had been thinking about a remark made by Kerri Palmer Isaak a year ago in the AnmoreTimes in response to something Councillor Piamonte had written I quote here from her letter:
"I will make this very clear and simple, the wording involved in some of this letter is deliberate in its attempt to discredit the 2 trustees appointed to the Anmore Renewable Energy Foundation. All of council is aware of the fact that these appointments were made in the same fashion as the Fire trustees and LMTAC."
I think that it shows Councillor Palmer-Isaak's complete lack of understanding of what being a trustee bound by trust documents means. She likened being a AREF trustee to being a Fire trustee (I assume she means the SVFD) but they are nothing alike.
A Trust is a entity into which money or assets are deposited and a Trust Deed spells out what the trust is for, how it is to be managed to meet it's aims and what duties and responsibilities the trustees have in meeting the aims and managing the assets/money. They can be quite detailed. A Trust Deed can be used as a governing document, and must be provided to the Canada Revenue Agency Charities Directorate, when applying for charitable registration. Trusts have beneficiaries and in the case of a charitable organization established by Trust Deed the beneficiary is "the public".
The CRA requires the Trust Deed to include the following:
Trusts
Applicants that seek registration as a charitable organization, a public foundation, or a private foundation may be established under a trust document.
For registration purposes, a trust document must contain at least the following requirements:
the trust's name;
the names of the original trustees;
the trust's purposes;
the rules governing how the trustees of the trust will administer all money received;
a provision in which the trustees give assurance that all money received will be spent only for the purposes outlined in the trust document;
a provision detailing how the trustees will be replaced;
the effective date of the document; and
the signatures of the trustees.
From what I can see, the trustees are responsible for the governance of the trust and the administration of all money. There has to be oversight and attention paid to details and they must account for their actions. There are a great number of articles on-line about trustees and liability when there are losses/mishandling by the trustees. Again, from what I can see, courts don't expect trustees to be infallible but they do expect them to pay attention to what is going on and be prudent. They cannot use lack of knowledge as an excuse either. The courts expect that if you take on the job of trustee that you will know what it is that you will be doing (or not take the appointment in the first place)...this is not an 'honourary position' where you show up once a year for a meeting and lunch.Anyway, this long preamble to say, I wonder if the trustees who resigned understood their role/duties/obligations under Trust Deeds and the AREF Trust Deed in particular. Liz Elwood (09-12-10)Editor's Note: The Trust Deed for the Anmore Renewable Energy Foundation was forwarded to me from Western Economic Diversification Canada under Access to Information. It is a 17 page document between the Village of Anmore and six trustees. It is signed by the original 6 trustees Hal Weinberg, Kevin Pickell, Ken Juvik, Lee Vishloff, Kenneth McEwen, and M.N. Steemson. Item 5.4 shows that "the Municipality of the Village of Anmore shall have the power to appoint and remove Trustees... to or from office from time to time... Several pages responding to your query are appended. Click Here (09-12-10)
