Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 21, 2023

CASE NO(S).: OLT-22-003789

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: Jackson Harvest Farms Ltd. Subject: Application to amend the Zoning By-law – Refusal of application Description: A zoning By-law amendment application that proposes to rezone approximately 52 ha of the subject property to Zone 14 (Extractive Industrial) to permit a gravel pit operation. Reference Number: ZCA-11-19 Property Address: 1894-1922 Witmer Road Municipality/UT: Wilmot/Waterloo OLT Case No.: OLT-22-003789 OLT Lead Case No: OLT-22-003789 OLT Case Name: Jackson Harvest Farms Ltd. v. Wilmot (Township)

PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.10.

Applicant: Jackson Harvest Farms Ltd. Objector: Alexandre Falagitis and Susan Kneller-Falagitis Objector: Alyssa, Anne and Kevin Gosse Objector: Angela Baden and others Reference Number: ARA #626443 Property Address: Part Lot 10, Concession South of Bleams Road Municipality/UT: Wilmot/Waterloo OLT Case No.: OLT-22-004379 OLT Lead Case No: OLT-22-003789

Heard: March 1, 2023 by video hearing

APPEARANCES:

Parties	Counsel
Jackson Harvest Farms Ltd. (“Applicant/Appellant”)	A. Burton J. Wilker (in absentia)
The Corporation of the Township of Wilmot (“Township”)	E. Davis
The Regional Municipality of Waterloo (“Region”)	F. McCrea
Citizens for Safe Groundwater Inc.	G. Reeder R. Northey (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER AND ERIC S. CROWE ON MARCH 1, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal held a Case Management Conference (“CMC”) on March 1, 2023 regarding appeal proceedings brought by Jackson Harvest Farms Ltd. (“Appellant”) under the Planning Act for the refusal by the Township of Wilmot (“Township”) to permit a Zoning By-law Amendment (“ZBA”) application. Also before the Tribunal was an appeal by the Appellant under the Aggregate Resources Act to grant a Class A (Category 3) Licence to permit the operation of an above water table pit. The appeals all relate to the properties located on Part Lot 10, Concession South of Bleams Road, municipally known as 1894 – 1922 Witmer Road (“Subject Lands”).

2This is the second CMC with respect to the ZBA and the first CMC for the aggregate extraction licence application.

MINUTES OF SETTLEMENT

3Prior to the onset of the CMC, the Appellant indicated that it had entered into Minutes of Settlement (“MOS”) with the Township and the Region of Waterloo (“Region”). The Tribunal received the MOS but was not provided any planning evidence in support of same.

4To ensure procedural fairness to all parties, the Tribunal determined that the CMC would continue and that a date for a third CMC would be set. The Settlement Hearing will be considered by the Tribunal during the subsequent CMC.

CONSOLIDATION

5Counsel for the Appellant indicated that the ZBA matter and Aggregate Resources Act licence application had already been administratively consolidated by the Tribunal, and that it was appropriate and reasonable to formally consolidate the files. It was noted by Counsel that the files refer to the same Subject Lands and that the issues dovetail.

6All Parties consented to the formal consolidation of the files.

7The Tribunal directed that, in accordance with Rule 16.1, of the Tribunal’s Rules of Practice and Procedure (“Rules”), Tribunal File No. OLT-22-003789 and File No. OLT-22-004379 are formally consolidated.

8In consolidated proceedings, the Parties in one proceeding are also parties in the other. In proceedings under s. 11(5) of the Aggregate Resources Act, an Objector is a Party. Thus, in the present proceedings, the Objectors in the Aggregate Resources Act proceeding are Parties in both the appeal of the application for a permit of an above water table pit and the ZBA.

PARTY/PARTICIPANT STATUS REQUESTS

9Zachary D’Onofrio, Counsel for the Ministry of Northern Development, Mines, Natural Resources and Forestry (“Ministry”) attended the CMC. Counsel stated that the Ministry does not intend to become a Party to these proceedings and was merely present to observe.

10The Tribunal received three requests for Participant status by electronic mail. It was decided that the Tribunal will consider these requests at the next CMC. This will provide the individuals with time to complete the necessary forms with the Tribunal to formally request status.

11It is noted that participation by Participants is governed by the Tribunal’s Rule 7.7 as follows:

Participant Statements: A person who wishes to participate in a proceeding as a participant, shall file a written participant statement that sets out their position on the appeal and issues of the proceeding, together with an explanation of their reasons in support of their position. A participant may only make submissions to the Tribunal in writing unless otherwise provided for by an Act or regulation.

WITHDRAWALS

12Counsel for the Appellant stated that Mr. David Lubell had contacted his office and advised that he no longer wanted to be a Participant in these proceedings. Mr. Lubell was not present at the CMC. The Tribunal Case Coordinator will reach out to Mr. Lubell to confirm his instructions.

CMC DATES

13The Tribunal directs that a third CMC (1 day) will be held by video hearing commencing on Tuesday, April 25, 2023, at 10 a.m.

14The hearing is scheduled to proceed by video as follows:

GoTo Meeting: https://meet.goto.com/680885805

Access code: 680-885-805

15Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available at: https://app.gotomeeting.com/home.html

16Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (647) 497-9373 or Toll Free 1-888-299-1889. The access code is as indicated above.

17Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

18The Parties requested further time to provide a Draft Procedural Order and Issues List.

THE FINALIZATION OF A PROCEDURAL ORDER AND ISSUES LIST

19The Tribunal allowed the Parties to submit to the Tribunal the draft of the Procedural Order (“PO”) and Issues List by Friday, March 10, 2023.

20The Tribunal has received the Final Draft of the PO including the Issues List. The Final PO as approved by the Tribunal is appended to this Order as Schedule 1.

MEDIATION

21Counsel for the Appellant was hopeful that an agreement could be reached with the Citizens for Safe Groundwater Inc. on the four remaining issues, and that the hearing dates in October would no longer be required.

22The Parties were reminded that they may contact the Tribunal Case Coordinator at any time to make a request for Tribunal-assisted mediation.

ORDER

23The Tribunal orders that a draft PO and Issues List be provided to the Tribunal by Friday, March 10, 2023.

24The Tribunal orders that a third CMC will commence by video hearing on Tuesday, April 25, 2023, at 10 a.m.

25The Tribunal orders that a sworn affidavit in support of the proposed settlement be provided to the Tribunal by no later than Friday, April 14, 2023.

26There will be no further notice.

27The Members are not seized.

“G.A. Croser”

G.A. CROSER

MEMBER

“Eric S. Crowe”

ERIC S. CROWE

MEMBER

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.

OLT-22-004379

SCHEDULE 1

Ontario Land Tribunal

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant/Appellant: Jackson Harvest Farms Ltd. Subject: Application to amend the Zoning By-law – Refusal of application Description: A zoning By-law amendment application that proposes to rezone approximately 52ha of the subject property to Zone 14 (Extractive Industrial) to permit a gravel pit operation. Reference Number: ZCA-11-19 Property Address: 1894-1922 Witmer Road Municipality/UT: Wilmot/Waterloo OLT Case No.: OLT-22-003789 OLT Lead Case No: OLT-22-003789 OLT Case Name: Jackson Harvest Farms Ltd. v. Wilmot (Township)

PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.10.

Applicant: Jackson Harvest Farms Ltd. Objector: Alexandre Falagitis and Susan Kneller-Falagitis Objector: Alyssa, Anne and Kevin Gosse Objector: Angela Baden and others Reference Number: ARA #626443 Property Address: Part Lot 10, Concession South of Bleams Road Municipality/UT: Wilmot/Waterloo OLT Case No.: OLT-22-004379 OLT Lead Case No: OLT-22-003789

PROCEDURAL ORDER

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 Monday, October 30, 2023 at 10 a.m. at https://global.gotomeeting.com/join/979388733

3. The parties’ initial estimation for the length of the hearing is 7 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. A CMC (which may include a partial or complete settlement hearing) is scheduled for one day on Tuesday, April 25, 2023 at 10:00 a.m. by videoconference.

5. The parties and participants identified at the case management conference are set out in Attachment1.

6. 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.

7. 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.

8. 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.

9. 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

10. 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 Friday, March 31, 2023 and in accordance with paragraph 23 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.

11. Expert witnesses in the same field shall have a meeting on or before Friday, April 14, 2023 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, May 5, 2023.

12. 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 14 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.

13. 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 14 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 14 below.

14. On or before Friday, May 26, 2023, 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 23 below.

15. On or before Friday, May 26, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before Monday, September 11, 2023 parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before Friday, September 15, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 23 below.

19. 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 13, 2023.

20. 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.

21. 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.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Friday, October 20, 2023 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.

23. 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.

24. 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.

The Members are not seized.

So orders the Tribunal.

Attachment 1 to Procedural Order

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.

Attachment 1

List of Parties/Participants

Parties	Counsel/Agent
Jackson Harvest Farms Ltd. (Applicant/Appellant)	THOMSON, ROGERS LAWYERS Suite 3100, 390 Bay Street Toronto, Ontario, M5H 1W2 Al Burton 416-868-3113 aburton@trlaw.com Jeffrey Wilker 416-868-3118 jwilker@trlaw.com
Citizens for Safe Groundwater Inc.	GOWLING WLG 1 First Canadian Place 100 King Street West, Suite 1600 Toronto, Ontario, M5X 1G5 Rodney Northey 416-369-6666 rodney.northey@gowlingwlg.com Graham Reeder 416-369-7322 graham.reeder@gowlingwlg.com
Objectors
Alexandre Falagitis and Susan Kneller-Falagitis Alyssa, Anne and Kevin Gosse
Township of Wilmot	SV LAW 105 Silvercreek Parkway North, Suite 100 Guelph, Ontario, N1H 6S4 Eric Davis T. 519-837-2100 x304 edavis@svlaw.ca

Participants | --- | --- Al-Ways Farms | alwayfarms@hotmail.com Annica Napier | annicanapier@gmail.com Brenda Horst | Brendahorstmyc@gmail.com Bryan Pfaff | bryan.pfaff@rogers.com Catherine Young | catherine.j.young@gmail.com Christina Bent | christinabentt@gmail.com Christina Harnack | christinajharnack@gmail.com Gail Schenk | gschenk@golden.net Gary Horst | ghorst207@gmail.com Harry Wilde | brant_boy@hotmail.com Helen Schroeder | hm_schroeder@hotmail.com Heri and Heidi Polzl | hpolzl@icloud.com Ingrid Rosner | ierosner@hotmail.com James and Christine Allan | hitechpatterns@bellnet.ca Jan Hallman | mikeandjan@hotmail.ca Janice Wood and Kelvin Wood | jtobinwood@gmail.com
kelvinw@deltaairsystems.com Jim Hillier | ghomba@gmail.com Joyce Gmach | joyce.gmach@protonmail.com Kim Schaefer | kimschaefer50@gmail.com Linda Laepple | laepple@golden.net Lori Elash | lorielash@yahoo.com Marlene Knezevich | callmtk@yahoo.com Martha Bricker | horrrsy@aol.cm Matt Rennie | rmrennie@hotmail.com Murray and Patty Huber | hcr.murray@gmail.com Penny Patterson | pcp@gto.net Pete Hansma | pete.hansma@gmail.com Rachel Rennie | rmrennie@gmail.com Ralph Schroeder | r.schroeder@hotmail.com Robert and Cathy Gebotys | cgebotys@gmail.com Rory Farnan | rorypf@gmail.com Roy Lam | roylam.cs@gmail.com Samantha and Jeffrey Lernout | SLernout@ugcloud.ca Steven Funston | theslfunston@gmail.com Tom Knezevich | tom.knezevich@gmail.com

LIST OF OBJECTORS

Ahrens, Karen Anne 312 Bleams Crt. New Hamburg, N3A 1L8

Allen, Christine Allen, James 2181 Bleams Rd., R.R. #2 Petersburg, N0B 2H0

Baden, Angela 86 Waldau Cres. Wilmot, N0B 2H1

Beger, Wayne 13 Waterloo St. New Hamburg, N3A 1S3

Bricker, Martha and David 1768 Witmer Rd., R.R. #2 Petersburg, N0B 2H0

Brown, James 37 Country Creek Dr. Baden, N3A 2V2

Buck, Wayne 4265 Wilmot Easthope Rd. New Hamburg, N3A 3S7

Chevalier P 2062 Bleams Rd. Petersburg N0B 2H0

R. Stevenson, R. Faran, S. Lernout 1790 Witmer Rd., R.R. #2 Petersburg, N0B 2H0

Darling, Douglas 1543 Mannheim Rd. Petersburg, N0B 2H0

Deitner, Mary and Ron 2050 Bleams Rd., Petersburg, N0B 2H0

Deneault, Donna 15 Lord Byron Stouffville, L4A 1L6

Ditner, Barbara Ditner, Robert 2130 Bleams Rd., R.R. #2, Petersburg,N0B 2H0

Dupej, Anne Depej, E 2122 Bleams Rd. Petersburg N0B 2H0

Falagitis, Alexandre 304 Bleams Crt. New Hamburg N3A 1L8

Farnan, Rory 1481 Mannheim Rd., Petersburg N0B 2H0

Fernandes, Yvonne 52 Kilbrine Crt. Kitchener N2R 1B8

Fleet, Bonnie Fleet, Don 2008 Witmer Rd., R.R. #2 Petersburg N0B 2H0

L. Forwell 2056 Witmer Rd. R.R. #2 Petersburg, N0B 2H0

Freeman, William J. 2215 Bleams Rd. Petersburg N0B 2H0

Funston, Steven 2169 Bleams Rd. Petersburg N0B 2H0

Gebotys, C. Gebotys, R 2052 Sandhills Rd. Baden, N3A 3A3

Golbeck, Diane and Calvin 67 Waldau Cres. Wilmot N0B 2H1

Gordon, Mark Gordon, S 2062 Bleams Rd., Petersburg N0B 2H0

Gosse, Alyssa Gosse, Kevin Gosse, Anne 2143 Bleams Rd Petersburg N0B 2H0

Gowing, Joseph 36 Royal Orchard Dr. Kitchener N2N 1J6

Hallman, Jan 1669 Pinehill Rd New Hamburg N3A 2Z7

Hansma, Judy Hansma, Pete 1981 Bleams Rd Petersburg N0B 2H0

Harnack, A. 2158 Bleams Rd Petersburg N0B

Harnakc C. Harnack, T. 2156 Bleams Rd Petersburg N0B 2H0

Herbert Heine 215 Brookfield Ave., Burlington L7N 1T9

Holborn, Marjorie and Ed 307 Bleams Crt. New Hamburg N3A 1L9

Holst, Lawrence 1877 Sandhills Rd. Baden, N3A 3B3

Brenda Holvey 122 Lakeside Drive, Kitchener N2M 4C1

Howling, Ruth 2311 Sandhills Rd., Baden N3A 3B4

Huber, M. Huber, P 2040 Bleams Rd. Petersburg, N0B 2H0

Jordan, John 2791 Bleams Rd. New Hamburg N3A 3J3

Kennel, A. Kennel, S 2152 Bleams Rd. Petersburg, N0B 2H0

Kneller Falagitis, S 304 Bleams Crt., New Hamburg N3A 1L8

Kress, Beth Kress, Brett Daniel Kress, Randall Lee 344 Bleams Crt. New Hamburg N3A 1L8

Lam, Roy 2089 Bleams Rd. Petersburg N0B 2H0

Lernout J 1790 Witmer Rd., Petersburg, N0B 2H0

K. Loree 1605 Wilmot Centre Rd. Baden, N0B 2H0

Mawdsley, Beverly Mawdsley, Wilfred 47 Stiefelmeyer Cres. Baden N3A 2L2

D. McCaw 221 Melville St., Elora, N0B 1S0

McMillan, Barry Rae 362 Bleams Crt. New Hamburg N3A 1L8

Munroe, Anne 1 Forest Hill Drive, Guelph N1G 2E1

Nowakowski, Jadwiga Nowakowski, Richard 1941 Sandhills Rd., Baden N3A 3B3

D. Laepple 2298 Bleams Rd., Petersburg, N0B 2H0

L. Oliver 30 Gilder St., Kitchener N2G 3H3

O’Mahony, Meg 103-225 Davenport Rd. Toronto M5R 3R2

Patterson, Penny 2115 Bleams Rd. Petersburg N0B 2H0

Polzl (PrimusPM, Mican Holdings Corp, Longlife Farms, 2678565 Ont. Inc. 1978 Bleams Rd., Petesburg N0B 2H0

Prong, David and Witzel-Prong, Cheryl 2031 Bleams Rd. Petersburg N0B 2H0

Reinhart, Joseph W. Reinhart, Karen A. 1359 Trussler Rd. Kitchener N2R 1S7

Rennie, Rachel 2094 Bleams Rd Petersburg N0B 2H0

Rosner, Franz Rosner, Ruth 2161 Bleams Rd., R.R. #2 Petersburg N0B 2H0

Schenk, Gail 23 Cora Dr. Kitchener N2N 3C6

Schuknecht, Cherie 480 Victoria St. Kitchener N2M 3A7

Schuknecht, Barbara 480 Victoria St. Kitchener N2M 3A7

Weber, Julie 2198-B Sandhills Rd. Baden N3A 3A4

Weigel, Margaret Weigel, Pau 2202 Bleams Road, Petersburg, N0B 2H0

Wood, Janice Wood, Kelvin 2155 Bleams Rd. Petersburg N0B 2H0

Zoeller, Robert 1327 Wilmot Centre Rd. Baden N3A 3K2

Y. Zyma 28 Bleams Rd., New Hamburg, N3A 1G4

Attachment 2

Issues List

CITIZENS FOR SAFE GROUNDWATER INC.

ISSUES LIST

Land Use Planning

1. Based on s.3(5) of the Planning Act:

a. Is the proposed zoning by-law amendment application consistent with the Provincial Policy Statement, particularly sections 1.1.1(c), 1.1.5.1, 1.2.1(c), 1.2.6.1, 2.1, 2.2, 2.3.6.1, 2.5.4.1, 3.2.1 and 3.2.2 of the Provincial Policy Statement, 2020?

b. Does the proposed zoning by-law amendment application conform with the Growth Plan for the Greater Golden Horseshoe, 2020, particularly sections 4.2.1, 4.2.4.1 to 4.2.4.3, and 4.2.8?

Air Quality & Health

2. Should the proposed pit be permitted, taking into account all proposed pit operations that generate PM10 and PM2.5 and the pyramid of adverse health effects that results from human exposure to any levels of these contaminants in the ambient air?

Noise

3. Do the sound emissions from all proposed pit operations, including when combined with nearby pit operations, avoid adverse effects on residents?

Transportation

4. Has the road identified as the haul route for the proposed pit been adequately assessed and designed to provide safety to all users?

Attachment 3

Order of Evidence

1. Applicant/Appellant – Jackson Harvest Farms Ltd.

2. Citizens for Safe Groundwater Inc.

3. Objectors

4. Reply, if any, of Applicant/Appellant – Jackson Harvest Farms Ltd.