Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 04, 2021
CASE NO(S).: PL190604, PL200279
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: The Quaternary Mining & Exploration Company Ltd. & Hardrock Extension Inc. Subject: By-law No. BL 19-49 Municipality: Municipality of Greenstone LPAT Case No.: PL190604 LPAT File No.: PL190604 LPAT Case Name: The Quaternary Mining & Exploration Company Ltd. & Hardrock Extension Inc. v. Greenstone (Municipality)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: The Quaternary Mining & Exploration Company Ltd. & Hardrock Extension Inc. Subject: Proposed Official Plan Amendment No. OPA 8 Municipality: Municipality of Greenstone LPAT Case No.: PL200279 LPAT File No.: PL200279 LPAT Case Name: The Quaternary Mining & Exploration Company Ltd. & Hardrock Extension Inc. v. Ontario (Municipal Affairs and Housing)
Heard: May 19, 2021 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Municipality of Greenstone | Allan McKitrick |
| Ministry of Municipal Affairs and Housing | Ugo Popadic and Mariam Awan |
| Quaternary Mining & Exploration Company Limited & Hardrock Extension Inc. | Michael Malouf* |
| Greenstone Gold Mines GP Inc. | Derek Zulianello and Ryan Bodnar |
| Long Lake #58 First Nation | Mary Flynn-Guglietti |
MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P. BISHOP AND K.R. ANDREWS ON MAY 19, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Greenstone Gold Mines GP Inc. (“GGM”) filed applications with the Municipality of Greenstone (the "Municipality") to amend the Official Plan ("OP") and the Zoning By-law No. 98-2040 ("ZB") to permit the redevelopment of certain lands within the vicinity of Highways 11 and 584 with an open pit gold mine operation. The Municipality approved Zoning By-law No. 19-49 ("ZBA") amending the ZB and adopted Amendment No. 8 to the Official Plan for the Geraldton and Suburban Planning Area ("OPA 8"). OPA 8 was forwarded to the Ministry of Municipal Affairs and Housing ("MMAH") for approval. The MMAH approved OPA 8 with a modification. GGM filed an appeal pursuant to s. 17(36) of the Planning Act (the "Act") against the MMAH approval of OPA 8 specifically in respect of the modification. Quaternary Mining & Exploration Company Limited & Hardrock Extension Inc. ("Quaternary") also filed an appeal pursuant to s. 17(36) of the Act against the MMAH’s approval of OPA 8 and filed an appeal pursuant to s. 34(19) of the Act against the Municipality's passing of the ZBA (collectively "the Appeals").
2The Tribunal was contacted by GGM on May 4, 2021, by letter, advising the Tribunal that their appeal to OPA 8 has been withdrawn. This was followed up by a letter from the Tribunal, dated May 7, 2021, informing the MMAH of the withdrawal of one of the Appellants, leaving the two remaining appeals by Quaternary open with the Tribunal.
3On May 5, 2021, the Tribunal was informed by counsel for the Municipality, that a settlement had been reached between all Parties with the exception of the MMAH. At the first Case Management Conference (“CMC”), the Tribunal ordered that the matters be heard together. The Tribunal inadvertently missed assigning the Minutes of Settlement (“MOS”) an exhibit and has numbered the MOS as Exhibit 8 for future reference. The terms of the MOS between the Parties provided for an agreed-upon amendment to the Amending Schedule 68 to the ZBA and on consent the Appeal of OPA 8 was to be dismissed.
4Upon the Tribunal’s review of the information supplied in relation to the proposed settlement, the Tribunal requested further clarity on a number of matters with a view to possibly dealing with the appeals through a written Settlement Hearing. In a letter from counsel for the Municipality, dated May 10, 2021, more information was supplied but did not satisfy the Tribunal and the further CMC, already scheduled for May 19, 2021, remained on the Tribunal’s calendar.
CASE MANAGEMENT CONFERENCE
5This hearing is the second CMC conducted with respect to the two remaining Appeals, but is now converted to a settlement hearing for a final determination of the Appeals.
6The Tribunal has reviewed the latest submissions and discussed the direction required to move this event into a settlement hearing. Upon hearing submissions from the Parties, the Tribunal is satisfied and will hear evidence in support of the proposed settlement in relation to the ZBA.
7The Tribunal heard from two expert witnesses in support of the settlement. Syl Menic is a Registered Professional Planner and Peter de Haan is an Ontario Land Surveyor, both qualified as experts in their field.
8The Tribunal requested the attendance of Mr. de Haan to review Schedule 68 to By-law No. 19-49, being the metes and bounds description, describing the area to be designated Mining Zone (MIN) contained within the proposed ZBA. After a full review of the proposed metes and bounds description, the Tribunal is satisfied that the description is satisfactory in the form as presented.
9The Tribunal also heard from Mr. Menic, who is qualified to give expert evidence in the discipline of Land Use Planning. During his testimony, Mr. Menic referred to his initial planning report found at pages 273 to 280 of the Municipal Record of this matter. That document, as excerpted from the Municipal Record, was marked as Exhibit 7.
10The minor amendments to the ZBA were reviewed and Mr. Menic opined that the ZBA, as revised, is consistent with the Provincial Policy Statement, 2020 (“PPS 2020”), conforms to the Northern Ontario Growth Plan 2011, the Official Plan for the Geraldton and Suburban Planning Area and the proposed OPA 8 and represents good planning. The basis of his opinion was outlined in his aforementioned planning report and augmented by his oral testimony, with special attention given to conformity with the Northern Ontario Growth Plan 2011 and consistency with the current PPS in particular.
11The proposed minor amendment to the ZBA relates to an adjustment of sections of the northerly boundary of area to be designated Mining Zone (MIN). This is a shift southerly in two areas which, in turn, will also shift the 1,000 metres buffer surrounding the area to be designated Mining. This buffer is classified as the Sensitive Use Area (“SUA”) and with the movement of this boundary to the south, certain lands of Quaternary will now be outside the SUA.
12The Parties have consented to the dismissal of the appeal of OPA 8 with the approval of the ZBA, as amended.
13The Tribunal is satisfied with the uncontested expert evidence of Messrs. de Haan and Menic that the proposed ZBA, being By-law No. 19-49, as amended, is consistent with the PPS 2020, conforms to the Northern Ontario Growth Plan 2011, the Official Plan for the Geraldton and Suburban Planning Area and OPA 8 and represents good planning.
ORDER
14The Tribunal Orders that the appeal pursuant to s. 34(19) of the Planning Act against Zoning By-law No. 19-49 of The Corporation of the Municipality of Greenstone is allowed in part, and Zoning By-law No. 98-2040, is amended as set out in Attachment 1 to this Decision and Order.
15The Tribunal Orders that the remaining appeal by Quaternary to OPA 8 pursuant to s. 17(36) of the Planning Act, on consent of Quaternary and all the parties, is dismissed.
“G.C.P. Bishop”
G.C.P. BISHOP VICE-CHAIR
“K.R. Andrews”
K.R. ANDREWS MEMBER
Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248 The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal
PL190604 and PL200279 – Attachment 1