Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 03 2023
CASE NO(S).: OLT-22-004749
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: St. Mary's Cement Inc. (Canada) & Rosedale Securities Limited
Subject: Official Plan Amendment
Description: To permit expansion of gravel pit
Property Address: 4222, 4228, & 4248 Sideroad 25 (Lot 25, Concession 1)
Municipality/UT: Puslinch/Wellington
Municipal File No.: OP-2020-04
OLT Case No.: OLT-22-004749
OLT Lead Case No.: OLT-22-004749
OLT Case Name: ST. Mary's Cement Inc. (Canada) Rosedale Securities Limited v. Wellington (County)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: ST. Mary's Cement Inc. (Canada) & Rosedale Securities Limited
Subject: Zoning Bylaw Amendment
Description: To permit expansion of gravel pit
Property Address: 4222, 4228, & 4248 Sideroad 25 (Lot 25, Concession 1)
Municipality/UT: Puslinch/Wellington
Municipal File No.: D14-CBM
OLT Case No.: OLT-22-004750
OLT Lead Case No.: OLT-22-004749
OLT Case Name: ST. Mary's Cement Inc. (Canada) & Rosedale Securities Limited v. Puslinch (Town)
Heard: July 7, 2023 by video hearing
APPEARANCES:
Parties
Counsel
St. Mary’s Cement Inc. (Canada) & Rosedale Securities Limited
Jonathan Kahn David Hillier (in absentia)
Township of Puslinch
Kevin Thompson
County of Wellington
Peter Pickfield
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON JULY 7, 2023 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) involving the appeals by St. Mary’s Cement Inc. (Canada) & Rosedale Securities Limited (“Applicant”) from the failure of the County of Wellington to approve an amendment to the County’s Official Plan (“OPA”), and from the failure of the Township of Puslinch to make a decision on an application for a Zoning By-law Amendment (“ZBA”), within the timeframes stipulated in the Planning Act. The combined properties that are the subject of these applications are Municipally known as 4222, 4228, and 4248 Sideroad 25 South (“subject lands”).
2The purpose and effect of the proposed OPA is to expand the Mineral Aggregates Resources Overlay to include a portion of the subject lands, and to re-designate a portion of the subject lands from Greenlands to Secondary Agricultural, and another portion of the lands from Secondary Agricultural to Greenlands to permit the expansion of the existing gravel pit. The purpose of the ZBA is to allow aggregate extraction on the subject lands.
3The Applicant has also submitted an application to the Ministry of Natural Resources and Forestry (“MNRF”) for an aggregate license. The County has filed an objection to the license application and requested that the MNRF refer the application to the Tribunal. To date, the license application has not been referred to the Tribunal.
4The Tribunal takes note that the presiding Member (differently constituted) at the first CMC, scheduled a nine-day hearing on the merits beginning March 18, 2024, and further directed the parties to provide a finalized DPO and IL to the Tribunal by June 30, 2023.
5Mr. Pickfield indicated at the time that although he was not opposed to a hearing date being established, the hearing on the merits should not occur until such time as the MNRF has referred the licence application to the Tribunal, and in which event, the County will request that the Aggregate Resources Act (“ARA”) licence referral matter be consolidated with the OPA and ZBA appeals.
6The Tribunal agrees that it is logical and typical for an ARA licence application referral and any related OPA and ZBA appeals to be heard together/consolidated. In this case, there is a known probability that the licence application will be referred to the Tribunal.
7In that regard, where an ARA licence application is referred to the Tribunal, an Objector to the licence is for all intents and purposes entitled to maintain party status in the hearing and among other things, is entitled to identify and request the inclusion of issues in the PO. In the circumstances, the IL, and by extension the PO, cannot be finalized until after the ARA license application is referred to the Tribunal. Moreover, should the ARA license ultimately be refused the OPA and ZBA will be superfluous.
8Notwithstanding that the PO cannot be finalized until the matter of the ARA licence application is referred to the Tribunal, no adjustments to the scheduling of the merit hearing (March 18, 2024) are necessary at this time.
9The Tribunal has scheduled a one-day video CMC on Thursday October 19, 2023 at 10 a.m.
10Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
Thursday October 19, 2023 at 10 a.m. (one-day CMC)
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
Audio-only telephone line: +1 (647) 497-9373 Toll Free: 1-888-299-1889
Audio-only Access Code: 709-076-365
11Parties 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
12Persons 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 mentioned above.
13Individuals 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.
14The primary purpose of the CMC is to finalize the IL and approve the PO.
15This Member is not seized but may be spoken to should direction be required in advance of the next CMC.
16No further notice will be provided.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.