Ontario Land Tribunal
ISSUE DATE: June 07, 2023 CASE NO(S): OLT-22-003172 – (formerly PL080248) OLT-22-003229 – (formerly PL101408) OLT-22-002169 – (formerly PL141189) OLT-22-003223 – (formerly PL120151) OLT-22-003240 – (formerly PL110195) OLT-22-003238 – (formerly PL130110)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Ornstock Developments Ltd Appellant: Lorwood Holdings Inc. Appellant: Ivy Manor Estates Inc. and others Subject: New Official Plan Municipality: City of Brampton OMB Case No.: PL080248 OMB File No.: PL080248 OMB Case Name: Crawford v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: AMB Highway BP 1 Canco Inc. Et All Appellant: City of Mississauga Appellant: Region of Peel Appellant: Solmar Development Corporation Subject: Failure of the Regional Municipality of Peel to announce a decision respecting Proposed Official Plan Amendment No. OPA #24 Municipality: Regional Municipality of Peel OMB Case No.: PL101408 OMB File No.: PL101408 OMB Case Name: AMB Highway BP 1 Canco Inc. v. Peel (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Solmar Development Corporation Subject: Proposed Official Plan Amendment No. 20 Municipality: Upper Tier of Peel OMB Case No.: PL101408 OMB File No.: PL091170
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Town of Caledon Subject: Failure of The Regional Municipality of Peel to announce a decision respecting Proposed Official Plan Amendment No. OPA #226 Municipality: Town of Caledon OMB Case No.: PL101408 OMB File No.: PL110195
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Solmar Development Corporation Subject: Proposed Official Plan Amendment No. 22 Municipality: Upper Tier of Peel OMB Case No.: PL101408 OMB File No.: PL101063
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1388688 Ontario Limited Appellant: 805062 Ontario Limited Appellant: 857529 Ontario Inc. Appellant: Brampton Areas 52,53 Landowners Group Inc.; and others Subject: Failure of the Regional Municipality of Peel to announce a decision respecting Proposed Official Plan Amendment No. OPA 2006-043 Municipality: City of Brampton OMB Case No.: PL120151 OMB File No.: PL120151 OMB Case Name: Brampton 52, 53 Landowners Group Inc. v. Peel (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: AMB Highway BP 1 Canco Inc. Et All Appellant: Brampton Brick Limited Appellant: G.C. Jain Investments Ltd. Appellant: Mayfield West Developers Group Inc.; and others Subject: Proposed Official Plan Amendment No. 26 Municipality: Regional Municipality of Peel OMB Case No.: PL130110 OMB File No.: PL130110 OMB Case Name: AMB Highway BP 1 Canco Inc. v. Peel (Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Region of Peel Appellant: Ministry of Municipal Affairs and Housing Appellant: Caveze Investments Limited Appellant: Adriano Lori; and others Subject: Proposed Official Plan Amendment No. OP 2006-105 Municipality: City of Brampton OMB Case No.: PL141189 OMB File No.: PL141189 OMB Case Name: Bottos v. Brampton (City)
BEFORE:
S. TOUSAW ) Wednesday, the 7th VICE-CHAIR ) ) day of June, 2023
THESE MATTERS, which have been administratively consolidated into this proceeding, are collectively referred to, for ease of reference, as the appeals of a number of “Transportation and Corridor Protection Policies” (“TCPP") of either the Region of Peel, the City of Brampton or the Town of Caledon. This Order by the Tribunal applies only to those TCPP matters that are appeals of parts of various amendments to the 1996 Region of Peel Official Plan, which existed prior to the Minister’s decision of November 4, 2022.
THE TRIBUNAL HAVING BEEN ADVISED that on November 4, 2022 the Minister of Municipal Affairs and Housing issued a Notice of Decision under section 17(34) of the Planning Act, modifying and approving a new Official Plan for the Region of Peel. A copy of that Notice and the Minister’s Decision can be found at: https://www.peelregion.ca/officialplan/review/pdf/2022/Peel-Region-Notice-of-Decision-November-4-2022.pdf
As noted in the second paragraph of the Minister’s Notice of Decision,
The approval of Peel Region’s new Official Plan, as modified, repeals and replaces the in-effect Official Plan adopted by the Region in 1996 and all amendments thereto
AND THE TRIBUNAL noted in the first sentence on page 1 of the Decision, the Minister specifically repealed the previous 1996 Official Plan of the Region, including all amendments thereto. The new Regional Official Plan therefore entirely supersedes the prior Peel ROP. This complete repeal is consistent with Peel’s intent as expressed in By-law 20-2022, passed on April 28, 2022, which adopted the new ROP and repealed the prior ROP, including all amendments, to take effect upon the Minister’s approval of the new ROP, which occurred on November 4, 2022.
The Notice of Decision further provides that the Minister’s Decision is final and Peel’s new ROP is in effect as of November 4, 2022, in accordance with the provisions of the Planning Act:
Decision Final
Pursuant to subsections 17(36.5) and (38.1) of the Planning Act, the decision of the Minister of Municipal Affairs and Housing regarding an Official Plan adopted in accordance with section 26 of the Planning Act is final and not subject to appeal. Accordingly, the new Peel Region Official Plan, as approved with modifications by the Minister, came into effect on November 4, 2022.
AND THE TRIBUNAL BEING SATISFIED that all of the various appeals of Regional TCPP matters, which have been administratively consolidated in this proceeding, are appeals of parts of ROPAs which were amendments to Peel’s 1996 ROP. This includes appeals of parts of ROPAs 16, 20, 22, 24 and 26. All of these ROPAs and the 1996 ROP has now been repealed in their entirety by the Minister’s decision. Accordingly, all appeals of these ROPAs are now moot as all the policies under appeal have been repealed and replaced by a new Peel ROP as a result of the Minister’s Decision and the new Peel ROP is now fully in effect.
NOW THEREFORE
THE TRIBUNAL ORDERS on the consent of all parties, as follows:
All of the remaining appeals of Region of Peel ROPAs 16, 20, 22, 24 and 26, or any parts thereof, which are administratively consolidated in this proceeding, are hereby dismissed in their entirety, without costs.
The remaining matters in this proceeding that relate to appeals of various planning instruments of the City of Brampton or the Town of Caledon are not affected by this Order.
“Euken Lui”
EUKEN LUI 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.