Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 21, 2024

CASE NO(S).: OLT-21-001104

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Ontario Greenhouse Vegetable Growers

Subject: By-law No.17-21

Description: To permit establishment and enforcement of boarding houses and farm work dwellings within the municipality

Reference Number: ZBL 17-21

Property Address: Municipality-wide

Municipality/UT: Municipality of Leamington

OLT Case No.: OLT-21-001104

OLT Lead Case No.: OLT-21-001104

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Ontario Greenhouse Vegetable Growers

Subject: Proposed Official Plan Amendment

Description: To permit a variety of housing types in both the settlement and agricultural areas of the Municipality

Reference Number: OPA 8 – 37-2021-003

Property Address: Municipality-wide

Municipality/UT: Municipality of Leamington/County of Essex

OLT Case No.: OLT-22-004428

OLT Lead Case No.: OLT-21-001104

OLT Case Name: Ontario Greenhouse Vegetable Growers v. Essex (County)

Heard: April 29, 2024 in Writing

APPEARANCES:

Parties	Counsel
Ontario Greenhouse Vegetable Growers	Steven O’Melia
Corporation of the Municipality of Leamington	Piper Morley Rick Coburn
County of Essex	David Sundin

DECISION DELIVERED BY DAVID BROWN AND ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1The matter before the Tribunal concerned the Appeals filed by the Ontario Greenhouse Vegetable Growers (“OGVG” / “Appellant”) against the approval by the County of Essex (“County”) of an Amendment to the Official Plan (“OPA”) for the Municipality of Leamington (“Leamington” / “Municipality”) and the approval by the Municipality of an Amendment to the Leamington Zoning By-law (“ZBA”). The OPA and ZBA proposed a policy framework for boarding houses and farm worker housing within Leamington.

2OGVG is a not-for-profit corporation whose members grow greenhouse tomatoes, cucumbers, and peppers across Ontario. The members of OGVG employ farm workers and many provide accommodations for these workers. OGVG contends that the proposed OPA and ZBA will impact the ability of its members to provide the required housing for farm workers.

3The Tribunal was advised that the Parties have negotiated a Settlement of the Appeals and have requested a hearing on the terms of the Settlement. The Tribunal directed that the Settlement Hearing be held by written submissions pursuant to Rule 21 of the Tribunal’s Rules of Practice and Procedure.

4The Municipality submitted a Motion Record (“Motion”) requesting that the Tribunal allow the Appeals in part and approve the modified OPA and amended ZBA in the form attached to the Motion. The Motion included an Affidavit sworn by Paddy Kennedy, a Registered Professional Planner and member of the Ontario Professional Planners Institute, in support of the Settlement. The Motion was brought with the consent of the Appellant and the County. The Motion was marked as Exhibit 1.

SUBMISSIONS, ANALYSIS AND FINDINGS

5The Tribunal reviewed and considered the evidence in the Affidavit of Mr. Kennedy.

6In his Affidavit, Mr. Kennedy summarized the areas of concern raised by OGVG in its appeal as follows:

1. The requirement of a “Pedestrian Connection/Connecting Link” (“PCL”) to be implemented for off-site farm worker dwellings;
2. The definitions contained in the OPA and ZBA creating housing typologies for farm workers in the Municipality’s urban settlement area; and
3. The occupancy thresholds that distinguish between Small and Large Boarding Houses.

7The Settlement proposes modifications to the OPA to address the PCL requirement. These modifications include a change to the Leamington Official Plan (“LOP”) preamble to acknowledge and recognize that farm operators are required to provide transportation services to farm workers as provided for in the rules and regulations contained within the Government of Canada’s Temporary Foreign Workers Program. Accordingly, the definition of a PCL was deleted from the LOP as a pedestrian link is no longer required in light of the requirement for farm operators to provide transportation for the workers.

8Revisions were made to address the distinction and definitions for a Small Boarding House and a Large Boarding House. The proposed amendments to the LOP will increase the resident limit for a Small Boarding House from six to seven persons and the resident limit for a Large Boarding House from seven to eight persons. Further, revisions to remove reference to Small Urban Farm Worker Dwelling and Large Urban Farm Worker Dwelling typologies and the definitions of these typologies are also proposed.

9Mr. Kennedy proffered that the proposed modifications to the LOP, as set out in the Settlement, will ensure that farm workers are safely transported between their place of residence and their place of employment in all circumstances. The proposed amendments to the dwelling typologies will function the same as the Boarding House and Farm Worker Dwelling typologies and remove redundancy.

10The proposed revisions to the ZBA include deleting the PCL requirement, amending the definitions for Small Boarding House and Large Boarding House, and deleting the definitions and references to Small Urban Farm Worker Dwelling and Large Urban Farm Worker Dwelling typologies to bring the ZBA into conformity with the proposed modifications to the OPA.

11Further, the proposed revisions include the removal of a regulation regarding the location of parking for on-site and off-site Farm Worker Dwellings, recognizing that the current Leamington Zoning By-law No. 890-09 (“ZBL”) and site plan process address the location of parking for new development and the updated transportation requirements ensure that workers are safely transported to their place of work.

12A revision to the ZBL to clarify that the A5, Rural Residential zones require a zoning by-law amendment to permit an Off-Site Farm Worker Dwelling was also included.

13Mr. Kennedy opined that the proposed modifications to the OPA and amendments to the ZBA have regard for matters of provincial interest set out in s. 2 of the Planning Act, R.S.O. 1990 c. P.13, as amended (the “Act”), are consistent with the Provincial Policy Statement, 2020 (“PPS”), conform with the County’s Official Plan (“COP”) and the LOP, and represent good planning.

14In consideration of the submissions of Mr. Kennedy, the Tribunal accepts Mr. Kennedy’s conclusions and finds that the proposed modified OPA and amended ZBA arising from the Settlement have appropriate regard to the matters of provincial interest set out in s. 2 of the Act.

15The Tribunal finds that the proposed modified OPA and amended ZBA protect the agricultural resources within the Province by ensuring that there is an adequate provision of a full range of housing options in the Municipality to support Leamington’s agricultural sector. The proposed modified OPA and amended ZBA will support the orderly development of safe and healthy communities and protect public health and safety, ensuring appropriate housing is available to the farm workers and such housing is appropriately located and maintained.

16Mr. Kennedy reviewed the applicable PPS policies, and the Tribunal finds that the proposed modified OPA and revised ZBA appropriately directs denser forms of housing, being Boarding Houses, to the Urban Settlement Area where full municipal services are available. Further, the proposed modified OPA and amended ZBA promote the regeneration and redevelopment of existing rural housing stock allowing for the reuse of rural residential dwellings for the purposes of accommodating farm workers.

17Policy 2.2.3.2 of the PPS states that “in prime agricultural areas, all types, sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards.” The Tribunal accepts the opinion proffered by Mr. Kennedy that the proposed modified OPA and amended ZBA increase opportunities for farm worker accommodations in the rural area by maintaining current permissions for on-site farm worker dwellings and introducing a framework to implement off-site farm worker dwellings.

18The Tribunal finds that the creation of a policy framework for the orderly development of “on-farm” and “off-farm” farm worker housing promotes and protects normal farm practices by ensuring that workers can safely support farming operations.

19The COP permits accessory farm accommodations for full-time and seasonal farm workers. Mr. Kennedy proffered that the proposed modified OPA and amended ZBA were prepared to conform with the policies contained within the COP. The Tribunal finds that the proposed modified OPA and amended ZBA conform with the policies contained within the COP as it will permit this use in the LOP and appropriately zone lands for the farm worker accommodations.

20In consideration of the LOP, the Tribunal finds that the proposed amendments to the OPA and ZBA, as set out in the Settlement, will increase opportunities for housing in Leamington. The proposed changes establish a framework to recognize Boarding House uses in the Urban Area and continue to allow on-site farm worker housing.

21The Tribunal accepts the conclusions of Mr. Kennedy, wherein he opined the proposed modified OPA and ZBA, based on the terms of the Settlement, are in the public interest and represent a significant improvement over the previous policy and regulatory framework in Leamington as it applies to farm worker housing.

22The Tribunal finds that the proposed modified OPA conforms with the COP and is consistent with the LOP. Further, the Tribunal finds that the proposed amended ZBA conforms with the LOP, as amended by the modified OPA, and conforms with the COP.

23The Tribunal is satisfied that the proposed modified OPA and the ZBA, as set out in the Settlement, represent good planning and are in the public interest.

24The Tribunal approves the proposed modified OPA, as set out in Attachment 1 attached to this Order, and approves the proposed amended ZBA, as set out in Attachment 2 attached to this Order. In all other respects the Appeal of OGVG is dismissed.

ORDER

25THE TRIBUNAL ORDERS that the Appeal filed pursuant to section 17(22) of the Planning Act, is allowed in part, and Orders that Amendment No. 8 to the Official Plan for the Municipality of Leamington is modified as set out in Attachment 1 to this Order. The Tribunal Orders that Amendment No. 8 to the Official Plan is approved as modified.

26AND THE TRIBUNAL ORDERS that the Appeal pursuant to section 34(11) of the Planning Act, is allowed in part and By-law No. 890-09 of the Municipality of Leamington is hereby amended as set out in Attachment 2 to this Order.

27In all other respects, the Tribunal Orders that the Appeals are dismissed.

“David Brown”

DAVID BROWN 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.

ATTACHMENT 1

ATTACHMENT 2