ISSUE DATE: August 4, 2022

CASE NO.: OLT-21-001101

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Friends of South Shore (FOSS)

Subject: Proposed Official Plan Amendment OPA2- 2018

Purpose: To permit a 337-unit park model trailer site on a 38.6 hectare parcel of land along the shore of Soup Harbour

Property Address/Description: 558 Wellbanks Road

Municipality: Prince Edward County

OLT Lead Case No.: OLT-21-001101

OLT Case No.: OLT-21-001101

OLT Case Name: Friends of South Shore (FOSS) v. Prince Edward (County)

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Friends of South Shore (FOSS)

Subject: By-law No. Z25-18

Property Address/Description: 558 Wellbanks Road

Municipality: Prince Edward County

OLT Lead Case No.: OLT-21-001101

OLT Case No.: OLT-21-001102

M. RUSSO

MEMBER

Thursday, the 4th day of August, 2022

THE TRIBUNAL ORDERS that the Procedural Order, attached hereto, shall be in full force and effect.

“Euken Lui”

Euken Lui

ACTING REGISTRAR

Ontario Land Tribunal

Website: 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

PROCEDURAL ORDER

CASE NO(S).: OLT-21-001101

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on Tuesday, November 22, 2022 at 10:00 a.m.

3. The parties’ initial estimation for the length of the hearing is 14 hearing days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Monday, July 4, 2022 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before Friday, July 22, 2022 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Friday, August 5, 2022

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before Friday, September 2, 2022 the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before Friday, September 2, 2022 a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Friday, October 7, 2022 in accordance with paragraph 22 below.

16. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, October 28, 2022.

17. On or before Thursday, November 10, 2022, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

19. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

20. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Tuesday, November 1, 2022 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

21. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

22. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

ATTACHMENT 1

PARTIES AND PARTICIPANTS

Parties

1. Appellant - Friends of South Shore (FOSS).

2. Responding Party/Applicant – Fourward Holdings Inc. & Quinte Isle Campark Inc.

3. Responding Party/Municipality – Prince Edward County.

Participants

1. Helene Richer.

2. Patricia and Egils Gale.

3. Henry Miller.

4. Alan Wallis.

ATTACHMENT 2

ORDER OF EVIDENCE

1. Fourward Holdings Inc. & Quinte Isle Campark Inc.

2. Prince Edward County.

3. Friends of South Shore (FOSS).

4. Fourward Holdings Inc. & Quinte Isle Campark Inc. (in reply – if any).

ATTACHMENT 3

ISSUES LIST

NOTE: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal will be a matter of evidence and argument at the hearing.

1. Does approval of the proposed Official Plan Amendment OPA2-2018 (“OPA2-2018”) and proposed Zoning By-law Amendment Z25-18 (“ZBA 25-18”) have regard to matters of provincial interest in section 2 of the Planning Act including the matters set out in sections 2(a), 2(d), 2(f), 2(h), 2(n), and 2(p) therein?

2. Are the OPA2-2018 and ZBA 25-28 consistent with the Provincial Policy Statement, 2020? In particular, but not limited to the following policy sections:

• Policy Sections 1.1.1, 1.1.3.2, 1.1.3.3 and 1.1.3.4 (Settlement Areas);
• Policy Sections 1.1.4.1 (Rural Areas);
• Policy Sections 1.1.5.2, 1.1.5.4, and 1.1.5.5 (Rural Lands);
• Policy Sections 1.6.6.3 (Sewage, Water and Stormwater);
• Policy Sections 1.6.7 (Transportation Systems);
• Policy Sections 2.1.1, 2.1.2, 2.1.3, 2.1.5, 2.1.7 and 2.1.8 (Natural Heritage);
• Policy Sections 2.6.1, 2.6.2, 2.6.3 and 2.6.5 (Cultural Heritage, Archeology and Consultation);
• Policy Sections 3.1.1 and 3.1.2 (Natural Hazard);
• Policy Sections 4.6 (Implementation and Interpretation).

3. Is ZBA 25-28 in conformity with the Prince Edward County Official Plan (1998)? In particular, but not limited to the following policy sections:

• Part II, Sections 2.1, 2.2, 2.7 (Vision);
• Part III, Section 1.1 (Environmental/Resource Management);
• Part III, Section 2.2 (Transportation and Servicing);
• Part III, Section 2.6. (Communal Water and Sanitary Sewer Services);
• Part III, Sections 3.3.3, 3.3.4, 3.3.5 (Tourism);
• Part III, Section 4.4.3, 4.4.5 (Heritage Conservation);
• Part IV, Sections 4.1.2, 4.1.3, 4.1.5, 4.1.7, 4.2.1, 4.2.3, 4.3, (Shore Land);
• Part IV, Sections 4.4.1, 4.4.3, 4.4.4 (Shore Land);
• Part IV, Section 6.1.2, 6.3.2 (Rural Lands);
• Part IV, Sections 8.1, 8.3, 8.4 (Environmental Protection)

4. a) Is ZBA 25-28 in conformity with the Prince Edward County Official Plan? In particular, but not limited to, the following policy sections:

• Chapter 2, Section 2.3 (Vision) and Section 2.3.1 (vi), (vii) (Principles);
• Chapter 2, Section 2.5 (f);
• Chapter 3, Section 3.1 (Environmental Protection)
• Chapter 3, Section 3.2.3 (Tourism);
• Chapter 3, Section 3.3.4 (Cultural Heritage);
• Chapter 3, Section 3.4.5 (Transportation Policies)
• Chapter 4, Section 4.3.1 (Shore Land Designation) ;
• Chapter 4, Section 4.4.1 (Rural Lands Designation);
• Chapter 4, Section 4.4.3 (Environmental Protection);
• Chapter 4, Section 4.5.2 (Tourism Corridors);
• Chapter 4, Section 4.5.5 (Natural Core Area Linkages).

b) What weight should be given the policies in the Prince Edward County Official Plan (2021), which was approved and came into full force and effect after the adoption of OPA2-2018 and ZBA 25-28?

5. Is the proposed tent, trailer and recreational vehicle park compatible with the rural character of the surround area?

6. Will the approval of OPA2-2018 and ZBA 25-28 result in an over-concentration of tent, trailer and recreational vehicle park and similar uses in the area?

7. Do OPA2-2018 and ZBA 25-28 contain policies and/or regulations to ensure the proposed tent, trailer and recreational vehicle park is only operated and occupied on a seasonal basis?

8. Are “Park Model Trailers” an appropriate form of development on the Subject Lands and do OPA2-2018 and ZBA 25-28 contain policies and/or regulations to sufficiently regulate “Park Model Trailers”?

9. Does ZBA 25-28 sufficiently regulate matters of built form including lot size, density, massing, scale, setbacks, lot coverage and landscaping having regard for the site, adjacent property and the character of the surrounding lands?

10. Has the Applicant demonstrated that the proposed tent, trailer and recreational vehicle park can be adequately serviced with private communal services?

11. Does the proposed development represent good land use planning and is it in the public interest?