Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 21, 2024

CASE NO(S).: OLT-23-000588

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

Applicant and Appellant: CBM Aggregates, a division of St. Marys Cement (Canada) Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit an expansion of an existing sand and gravel pit

Reference Number: ZC-06/21

Property Address: 1107 Cedar Creek Road

Municipality/UT: North Dumfries/Waterloo

OLT Case No.: OLT-23-000588

OLT Lead Case No.: OLT-23-000588

OLT Case Name: CBM Aggregates, a division of St. Marys Cement (Canada) Inc. v. North Dumfries (Township)

Heard: March 8, 2024 by Video Hearing

APPEARANCES:

Parties CBM Aggregates, a division of St. Marys Cement (Canada) Inc. Township of North Dumfries City of Cambridge Regional Municipality of Waterloo

Counsel Kim Mullin Chris Manning Michael Van Bodegom (in absentia) Peter Pickfield Fiona McCrea

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON MARCH 8, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference (“CMC”) for the above-noted matter. CBM Aggregates, a division of St. Marys Cement (Canada) Inc. (“Applicant”) has filed an appeal against the Township of North Dumfries’ (“Township”) failure to make a decision pursuant to s. 34(11) of the Planning Act. The subject land is known municipally as 1107 Cedar Creek Road, in the Township.

2The application under appeal is to permit the extension of an existing sand and gravel pit.

3The Affidavit of Service on file was marked as Exhibit 1.

PARTY/PARTICIPANT REQUESTS

4There were two Party status requests received. The Tribunal granted Party status to the City of Cambridge and to the Regional Municipality of Waterloo, upon consent of the Parties.

5The Tribunal granted Participant status to Octavio Melo, Carol Walthers, Marta Nawrot, Jacek Nawrot and to North Dumfries Conservation Alliance (represented by Karen Scott Booth and David Pyper) without objections.

DRAFT PROCEDURAL ORDER

6The Applicant’s Counsel, Kim Mullin informed the Tribunal that Parties have filed the draft Procedural Order (“PO”) and requested a three-week Hearing to be scheduled. Respective Parties’ Counsel had a back and forth, subsequently failing to concur on a Hearing being scheduled. The contention was that there was an application for a pit license under the Aggregate Resources Act (“ARA”) which was still under review. Should the matter be referred to the Tribunal, there would be a potential or need to consolidate that matter with the zoning amendment.

7The Tribunal determined that since this was a first CMC, it will schedule a second CMC for the Parties to further scope the Issues for the appeal. In the meantime, should the ARA matter be referred to the Tribunal, Parties will have the opportunity to request a consolidation, if any.

MEDIATION

8Parties stated that they were open to mediation. Nevertheless, they may hold private discussions in the interim period to the next CMC.

DISPOSITION

9The Tribunal will schedule a CMC for Parties to update the Tribunal on the status of discussions and the appeal. Parties are at liberty to request a Hearing to be scheduled by the Tribunal Member chairing the next CMC.

10The Tribunal directs that the draft PO with the attached Issues List will remain in draft form until the next CMC, since the Parties may need to update the draft PO and Issues.

CASE MANAGEMENT CONFERENCE

11The CMC is scheduled to proceed by video on Tuesday, June 18, 2024, at 10 a.m.

12Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the even to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/687587165

Access Code: 687-587-165

13Parties 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: https://app.gotomeeting.com/home.html.

14Persons 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: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.

15Individuals 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 CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.

ORDER

16The Tribunal Orders that:

a. Party status is granted to the City of Cambridge and to the Regional Municipality of Waterloo.

b. Participant status is granted to Octavio Melo, Carol Walthers, Marta Nawrot, Jacek Nawrot and North Dumfries Conservation Alliance.

c. The Case Management Conference will commence at 10 a.m. by video on Tuesday, June 18, 2024;

17There is no further notice and the Member is not seized.

“T.F. Ng”

T.F. NG MEMBER

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.