Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 24, 2023
CASE NO.:
OLT-22-001925 OLT-22-003332 OLT-21-001858
PROCEEDING COMMENCED UNDER section 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.10.
Applicant:
Cornwall Gravel Co. Ltd.
Objector:
Diane and Gilles Theoret
Objector:
Guy Tessier
Objector:
Marc Fortier
Objector:
Raisin Region Conservation Authority (RRCA), and others
Subject:
Application for a Class A licence for the removal of aggregate
Description:
To permit class A license for a 37.8 hectare quarry
Reference Number:
626262
Property Address:
Part Lot 6, Concession 4
Municipality/UT:
Cornwall/Stormont, Dundas and Glengarry
OLT Case No:
OLT-22-001925
OLT Lead Case No:
OLT-22-001925
OLT Case Name:
Fortier v. Ontario (NDMNRF)
PROCEEDING COMMENCED UNDER section 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.10.
Applicant:
Cornwall Gravel Co. Ltd.
Objector:
Ministry of Northern Development, Mines, Natural Resources and Forestry
Objector:
Township of South Stormont
Objector:
Murray and Nicole Hope
Objector:
Guy Tessier
Subject:
Application for a Class A licence for the removal of aggregate
Description:
To permit class A license for a 40.5 hectare quarry
Reference Number:
626263
Property Address:
Part Lot 2, Concession 4
Municipality/UT:
Cornwall/Stormont, Dundas and Glengarry
OLT Case No:
OLT-22-001926
OLT Lead Case No:
OLT-22-001925
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant:
Cornwall Gravel Company Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit a Category 2 quarry pit
Reference Number:
OPA 33
Property Address:
Part of East Lot 6 Conc. 4 Part of Lot 2 Conc. 4
Municipality/UT:
South Stormont/Stormont, Dundas and Glengarry
OLT Case No:
OLT-22-003332
Legacy Case No:
PL180176
OLT Lead Case No:
OLT-22-003332
Legacy Lead Case No:
PL180176
OLT Case Name:
Cornwall Gravel Company Ltd. v. South Stormont (Twp.)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant:
Cornwall Gravel Company Limited
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To permit a Category 2 quarry pit
Reference Number:
Z-2017-10
Property Address:
Part of East Lot 6 Conc. 4 Part of Lot 2 Conc. 4
Municipality/UT:
South Stormont/Stormont, Dundas and Glengarry
OLT Case No:
OLT-22-003333
Legacy Case No:
PL180230
OLT Lead Case No:
OLT-22-003332
Legacy Lead Case No:
PL180176
PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
1354083 Ontario Inc.
Appellant
Andrew Abel
Appellant
Bernard MacCulloch
Appellant
C. G. Garlough
Appellant
and Others
Subject:
Proposed Official Plan Amendment
Description:
Stormont, Dundas and Glengarry United Counties New Comprehensive Official Plan
Reference Number:
61-OP-147572
Property Address:
All Properties within Stormont, Dundas and Glengarry United Counties
Municipality/UT:
South Glengarry/Stormont, Dundas and Glengarry
OLT Case No:
OLT-21-001858
Legacy Case No:
PL180202
OLT Lead Case No:
OLT-21-001858
Legacy Lead Case No:
PL180202
OLT Case Name:
Stormont, Dundas and Glengarry (County) v. Ontario (Ministry of Municipal Affairs and Housing)
BEFORE:
M.A. SILLS
Friday, the 24th
VICE-CHAIR
day of March, 2023
G. A. CROSER
MEMBER
THESE MATTERS having come before the Tribunal and having considered these appeals at the hearing on February 21, 2023;
THE TRIBUNAL ORDERS on consent of the Parties and having considered the concerns from the Participants:
OFFICAL PLAN AMENDMENT
- That the appeal is allowed in part and that the United Counties of Stormont, Dundas and Glengarry Official Plan is hereby amended as set out in Schedule “A.”
ZONING BY-LAW AMENDMENT
- That the appeal is allowed in part and that By-law No. 2011-100 is hereby amended as set out in schedule “B.”
RRCA REVIEW
- That Township staff shall, upon application by Cornwall Gravel, recommend to Township Council that it remove the “H” symbol by passing a By-law under section 34 of the Planning Act from the portion of MacLeod III zoned “Mineral Extraction, Quarry – Special Exception Three – HOLD (MXQ-3-H).” The following condition shall first be completed to the satisfaction of the Township:
a. The holding zone will be in place until a technical review of floodplain mapping and supporting documentation is received and approved by the RRCA.
- That the RRCA will support the removal of the “H” symbol from the portion of MacLeod III zoned “Mineral Extraction, Quarry – Special Exception Three – HOLD (MXQ-3-H)” conditional upon:
a. Cornwall Gravel submitting a detailed technical plan to the RRCA with supporting technical study demonstrating the proposed development is not within an area of natural hazard (using the most current available floodplain data); or
b. Cornwall Gravel submitting a detailed technical plan to the RRCA with supporting technical study demonstrating the proposed development could be completed such that the natural hazard is mitigated (using the most current available floodplain data).
That, subject to paragraph 6 of this Order, the RRCA shall approve the cut-and-fill mitigative strategy proposed by Cornwall Gravel.
That the RRCA shall be permitted to insist on reasonable additional safety features (water storage volume changes, changing the location of the pond/cut, or adjustments to site grading). The scope of RRCA’s review of the detailed technical plan shall be limited to these issues.
That Cornwall Gravel shall not submit a detailed technical plan to the RRCA for comment before May 17, 2024.
The RRCA shall provide to Cornwall Gravel reasonable and timely access to all data and reports of floodplain mapping once same is received by the RRCA.
That, in the event that the RRCA has not received updated floodplain mapping by May 17, 2024, Cornwall Gravel shall be entitled to submit a detailed technical plan and supporting technical study to the RRCA based on presently available floodplain mapping. The RRCA shall proceed to provide its comments to Cornwall Gravel in accordance with paragraphs 6 and 7 of this Order notwithstanding the absence of updated floodplain mapping.
That the RRCA shall complete its review of Cornwall Gravel’s detailed technical plan and technical supporting study with comments within thirty calendar (30) days of receipt.
ARA LICENCE
That, upon direction from the Ontario Land Tribunal and in accordance with section 11(8) of the Aggregate Resources Act (“ARA”), the Minister of Natural Resources and Forestry shall issue a Class “A” Pit and Quarry Below Water licence subject to the ARA Site Plan as set out herein in Schedule “C”.
That the Minister of Natural Resources and Forestry is directed to issue a Class “A” Pit and Quarry Below Water licence subject to the ARA Site Plan as set out herein in Schedule “D”.
That paragraph 11 of this Order is withheld pending:
a. Confirmation from counsel for the Township of South Stormont that the Township has passed a zoning By-law amendment pursuant to section 34 of the Planning Act removing the “H” symbol from MacLeod III.
“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.