Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 28, 2023
CASE.NO(S).: OLT-22-003899
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant Douglas Reid
Applicant Upper Canada Stone
Subject: Proposed Official Plan Amendment
Description: To amend the Official Plan designation of the subject lands from the Rural and Waterfront designation to the Extractive (Active) designation to permit the establishment of a “Class A (Category 4 (quarry)
Reference Number: OPA 3
Property Address: 6 Scotch Settlement Road
Municipality/UT: County of Hastings
OLT Case No: OLT-22-003899
OLT Case Name: Reid v. Hastings (County)
Heard: July 28, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Upper Canada Stone
John Ewart
Douglas Reid
Spencer Putnam
County of Hastings
Jennifer Savini
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON JULY 28, 2023 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) in the matter of an appeal brought by Douglas Reid (“Appellant”) from the approval of an amendment to the County of Hastings Official Plan (OPA 3) for the property owned by Upper Canada Stone (“Applicant”) and described as part of Lot 10, Concession 4, Township of Madoc in the County of Hastings (“County”), and known municipally as 6 Scotch Settlement Road in the Township of Madoc (“Subject Lands”).
2The purpose and effect of OPA 3 is to amend the County Official Plan designation of the Subject Lands from Rural and Waterfront to Extractive (Active) to permit the establishment of a Class A, Category 4 Above-Water quarry under the Aggregate Resources Act. The area proposed to be licenced is approximately 22.63 hectares in area.
3Subsequent to the first CMC, the Parties engaged in discussions but were not able to reach a resolution. The Parties are reminded that Tribunal-led mediation is an option that may be available to them should they wish to further pursue a resolution.
4Mr. Ewart and Ms. Savini have requested that a five-day hearing commencing after mid-April 2024 be scheduled as can be accommodated on the Tribunal calendar.
5Mr. Putman has asked that the hearing be delayed until the latter part of 2024 in order to allow his client to have the necessary studies and reports completed.
6The Tribunal notes that the appeal was filed on June 3, 2022, with the first CMC being held on February 13, 2023. The Tribunal expects an appellant to begin preparing for a hearing on the merits at the time the appeal is filed, or at the very least, once the appeal is confirmed.
7The hearing schedule that has been requested by the Municipality and the Applicant is one year out and will mark almost two years since the appeal was filed. The Appellant is represented by legal counsel, and in the Tribunal’s view, the ensuing two years from the time the appeal was filed until this matter will be heard provides sufficient time and opportunity for the Appellant to prepare his case and obtain the studies/reports to be relied upon at the hearing.
8Accordingly, the Tribunal has scheduled a five-day video hearing beginning Monday, April 29, 2024, at 10 a.m.
9Parties 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:
https://global.gotomeeting.com/join/709076365
Access Code: 709-076-365
10Parties 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: https://app.gotomeeting.com/home.html
11Persons 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: [+1 (647) 497-9373]. The access code is [709-076-365].
12Individuals 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.
13The finalized DPO is to be submitted for review and approval by the Tribunal once completed, but no later than Friday, September 30, 2023.
14This Member is not seized but may be contacted through the assigned Case Coordinator if assistance is required in the finalization of the DPO.
15No further notice is required or will be provided.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
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.