Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 28, 2024
CASE NO(S).: OLT-22-004372
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Nelson Aggregate Co.
Property Owner: 546958 Ontario Limited
Property Owner: Bestway TV and Appliances Limited
Subject: Failure of Approval Authority to announce a decision respecting a Proposed Official Plan Amendment
Description: to permit the expansion of the Nelson quarry
Reference Number: 505-04-20
Property Address: 2226, 2232, 2244, 2280, 2292, 2300, 2316, 2330 No. 2 Side Road and 5235 Cedar Springs Road
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-004372
OLT Lead Case No: OLT-22-004372
OLT Case Name: Nelson Aggregates Co. v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.10
Applicant: Nelson Aggregate Co.
Objector: Alejandra Calle
Objector: Alex Brock
Objector: Anna Denvir et all
Description: Proposed extension to its Burlington Quarry on lands located to the south and west of the existing Burlington Quarry.
Reference Number: License No. 626477
Property Address: 2226, 2232, 2244, 2280, 2292, 2300, 2316, 2330 No. 2 Side Road and 5235 Cedar Springs Road
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-004888
OLT Lead Case No: OLT-22-004372
OLT Case Name: Nelson Aggregate Co. v. Natural Resources and Forestry (Ministry)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Nelson Aggregate Co.
Subject: Failure of Approval Authority to announce a decision respecting a Proposed Official Plan Amendment
Description: The purpose of the application is to amend the Maps of the Halton Region Official Plan to permit the expansion of the existing quarry.
Property Address: 2226, 2232, 2244, 2280, 2292, 2300, 2316, 2330 No. 2 Side Road and 5235 Cedar Springs Road
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-004886
OLT Lead Case No: OLT-22-004372
OLT Case Name: Nelson Aggregates Co. v. Halton (The Regional Municipality)
PROCEEDING COMMENCED UNDER subsection 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Applicant/Appellant: Nelson Aggregate Co.
Respondent: Niagara Escarpment Commission
Subject of appeal: Refusal of a Development Permit Application to allow for development related to the proposed quarry operations.
Reference No.: H/E/2020-2021/108
Property Address: 2226, 2232, 2244, 2280, 2292, 2300, 2316, 2330 No. 2 Side Road and 5235 Cedar Springs Road
Municipality/ UT: Burlington/Halton
OLT Case No.: OLT-23-000541
OLT Lead Case No.: OLT-22-004372
OLT Case Name: Nelson Aggregate Co. v. Ontario (Niagara Escarpment Commission)
PROCEEDING COMMENCED UNDER subsection 10(3) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Applicant/Appellant: Nelson Aggregate Co.
Respondent: Niagara Escarpment Commission
Subject of appeal: Referral of the application to amend the Niagara Escarpment Plan to redesignate the lands from Escarpment Rural Area to Mineral Resource Extraction Area to expand the existing aggregate resource extraction operation
Reference No.: PH 219 20
Property Address: 2226, 2232, 2244, 2280, 2292, 2300, 2316, 2330 No. 2 Side Road and 5235 Cedar Springs Road
Municipality/ UT: Burlington/Halton
OLT Case No.: OLT-23-000631
OLT Lead Case No.: OLT-22-004372
OLT Case Name: Nelson Aggregate Co. v. Ontario (Niagara Escarpment Commission)
Heard: March 7, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Nelson Aggregate Co. (“Nelson”/“Appellant”)
David White QC
City of Burlington (“City”)
Rodney Northey
Jessica Boily
Regional Municipality of Halton (“Region”)
David Germain
Chris Barnett
Brittany Maione
Niagara Escarpment Commission (“NEC”)
Protecting Escarpment Rural Land (“PERL”)
Ken Hare
Demetrius Kappos
David Donnelly
Conserving Our Rural Ecosystems of Burlington Inc. (“CORE”)
David Donnelly
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST AND M. A. SILLS ON MARCH 7, 2024 AND ORDER OF THE TRIBUNAL
1This was the third Case Management Conference (“CMC”) in relation to appeals by Nelson Aggregate Co. (“Nelson”) against the City of Burlington (“City”) and the Region of Halton (“Region”) under s. 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”). Nelson made an application (“permit application”) to extract aggregate and to approve Site Plans for that licence under the Aggregate Resources Act, R.S.O. 1990, c. A.10 (“ARA”). The permit application was referred by the Ministry of Natural Resources and Forestry (“MNRF”) to the Tribunal pursuant to s. 11(5) of the ARA, to determine whether a licence should be issued.
2Two related Niagara Escarpment Commission (“NEC”) Appeals, OLT-23-000541 and OLT-23-000631 (“NEC Appeals”), are included for the purpose of a consolidation with the Planning/ARA Appeals by a City of Burlington (“City”) Notice of Motion.
3The purpose of this CMC was to hear the City’s Motion and to receive a draft Procedural Order (“PO”) and Issues List (“IL”).
4Mr. White, Counsel for Nelson, provided a status update. Mr. White requested that a Hearing date be scheduled far enough into the future to enable further CMCs to be held to address administrative matters and the scoping of issues. Based on the complexity of the appeals and the number of witnesses anticipated, it is estimated that 60 days will be required.
5Mr. Donnelly, Counsel for Protecting Escarpment Rural Land (“PERL”) and Conserving Our Rural Ecosystems of Burlington Inc. (“CORE”) expressed concern about establishing a Hearing date before a PO has been finalized, and that a twelve-week Hearing could be beyond the scope of both PERL and CORE.
6The Tribunal saw no issue in proceeding with setting a date for a Hearing at this time to ensure that Tribunal resources were coordinated well in advance for a Hearing of that length and scope.
7In consideration of the Notice of Motion, the following materials were identified as Exhibits and marked as follows:
Exhibit 1 – City of Burlington Amended Motion Record dated October 18, 2023.
Exhibit 1A – Compendium of the City of Burlington dated March 1, 2024.
Exhibit 1B – City of Burlington Book of Authorities dated September 26, 2023.
Exhibit 2 – Responding Motion Record of Nelson Aggregate Company dated October 4, 2023.
Exhibit 3 – Notice of Response to Motion of Halton Region dated October 4, 2023.
8The Tribunal expressed concern that due to the lateness of the filing of the documents the presiding Members still have not received all of the Motion materials. In the circumstances, and without objection, the Motion was adjourned and is re-scheduled to be heard at the next CMC.
9A two-day CMC is scheduled to commence at 10 a.m. on Wednesday, April 3, 2024.
10The Tribunal scheduled a 60-day Hearing of the Merits to proceed by way of Video Hearing, commencing at 10 a.m. on Tuesday, March 4, 2025 to Friday, May 30, 2025.
11The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
12The CMC and Hearing are scheduled to proceed by video as follows: April 3, 2024 at 10 a.m. (two-day CMC) GoTo Meeting: https://global.gotomeeting.com/join/519389173 Access code: 519-389-173 Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 519-389-173 March 4, 2025 at 10 a.m. (60-day Hearing) GoTo Meeting: https://global.gotomeeting.com/join/692665589 Access code: 692-665-589 Audio-only line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 692-665-589
13Parties and Participants 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.
14Parties 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
15Persons 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.
16Individuals 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 and 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.
ORDER
17THE TRIBUNAL ORDERS the directions contained in this Decision.
18There will be no further notice.
19The Panel is seized for the next Case Management Conference only.
20The Panel may be spoken to through the Tribunal’s Case Coordinator if there are any issues with respect to the implementation of this Order.
“W. Daniel Best”
W. DANIEL BEST
MEMBER
“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.```