Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 11, 2024

CASE NO(S).: OLT-23-000470

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

Appellant: JTG Holdings Ltd.

Appellant: Phelps Homes Ltd.

Subject: Proposed Official Plan Amendment No. 63

Description: (OPA 63) implements a detailed Secondary Plan for the lands added to the Smithville Urban Area.

Reference Number: D.10.12.OPA-22-0035 / OPA 63

Property Address: Smithville Master Community Plan Area

Municipality/Upper Tier: Township of West Lincoln/ Region of Niagara

OLT Case No.: OLT-23-000470

OLT Lead Case No.: OLT-23-000470

OLT Case Name: JTG Holdings Ltd. v. West Lincoln (Township)

Heard: April 16, 2024 by Video Hearing

APPEARANCES:

Parties

Counsel/Representative*

Phelps Homes Ltd. And JTG Holdings (“Phelps”)

Mark A. DeJong Jennifer Meader (in absentia)

Regional Municipality of Niagara (“Niagara”)

Scott Crocco Alexander Suriano

Township of West Lincoln (“Town”)

Thomas Hanrahan* Alexander Richardson (in absentia)

1734234 Ontario Ltd. and 2650687 Ontario Ltd. and Allan & Janet Schutten and Tek Corporation and Kingma Petek LLP

Russell Cheeseman

MEMORANDUM OF ORAL DECISION DELIVERED BY a. sauve ON april16, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the second Case Management Conference (“CMC”) with respect to the appeal by Phelps, brought pursuant to s. 17(36) of the Planning Act against the decision of the Town to adopt Official Plan Amendment No. 63 (“OPA 63”), which implements a Secondary Plan for the lands added to the Smithville Urban Area. The boundary expansion is being implemented through the concurrent Town Official Plan Amendment 62 (“OPA 62”). OPA 63 incorporates the Master Community Plan land use designations and policies as well as the natural heritage, infrastructure, and transportation systems mapping and policies for the planned growth of Smithville into the Town. Preparation for the Secondary Plan started in early 2021 and was adopted by the Town on August 11, 2022. The amended OPA 63 was approved by the Niagara Council on April 20, 2023.

2Phelps owns properties legally described as part of lots 3, 6, 8, and Plan M-97, which total 198 acres within the Smithville Master Community Plan area and is appealing the adoption of OPA 63 in its entirety and specifically identified issues related to conformity with provincial and regional policy documents, natural heritage system, transportation, water and wastewater servicing, and the implementation plan.

3The parties attended four days of Tribunal-led mediation between October 4, 2023, and February 22, 2024, which resulted in the settlement of a number of issues under appeal.

4The Town brought a Motion to be heard today for the Tribunal to approve a proposed partial settlement that has been agreed upon by the Parties. The proposed settlement will eliminate the need for approximately two weeks of already-scheduled Hearing dates.

SETTLEMENT HEARING

5The Town submitted two Affidavits in support of the partial settlement:

a) The Affidavit of Steve Weaver, a Professional Planner employed by the Town; and

b) The Affidavit of Donald Treble, a Professional Planner and the Director of Planning and Building for the Town.

6The Tribunal did not hear oral evidence but relied on the Affidavit evidence. Both Mr. Weaver and Mr. Treble submitted their CVs’ and Acknowledgement of Expert Duty forms in their Affidavits. The Tribunal found them both to be experts in the field of Land Use Planning.

7Attached as Schedule 1 is the modified OPA 63 as agreed upon by the Parties through mediation. The following is a summary of the suggested modifications to OPA 63 provided through the evidence of Mr. Weaver:

a. Section 6.11.7.1.1 (Introduction – Area Context & Integrated Planning Approach) – minor re-wording for clarification purposes in the second last paragraph of the preamble, regarding implementation of the Master Community Plan via Block Plans supported by Master Environmental Servicing Plans (“MESPs");

b. Section 6.11.7.1.3 (Goals) – minor re-wording for clarification purposes in clause (r) regarding logical, timely, and orderly development of the MCP Area and development implementation of infrastructure and transportation systems;

c. Section 6.11.7.2.2 (Residential) – addition of a new policy in clause (k) providing for potential exceptions to the maximum height and density in the Residential designation via the implementing Zoning By-law, without amendment to the Official Plan, if information is provided to satisfy the criteria in subclause i. to vi. of clause (k), to allow for added flexibility for a range of housing types, densities and built forms supported by appropriate justification for specific future development proposals to be considered on a case-by-case basis;

d. Section 6.11.7.2.3 (Medium Density) – addition of a new policy in clause (k) providing for potential exceptions to the maximum height and density in the Medium Density designation via the implementing Zoning By-law, without amendment to the Official Plan, if information is provided to satisfy the criteria in subclause i. to vi. of clause (k), to allow for added flexibility for a range of housing types, densities and built forms supported by appropriate justification for specific future development proposals to be considered on a case-by-case basis;

e. Section 6.11.7.2.4 (Commercial) – addition of a new policy in clause (j) providing for potential exceptions to the maximum height in the Commercial designation via the implementing Zoning By-law, without amendment to the Official Plan, if information is provided to satisfy the criteria in subclause i. to v. of clause (j), to allow for added flexibility for a range of commercial buildings and uses supported by appropriate justification for specific future development proposals to be considered on a case-by-case basis;

f. Section 6.11.7.2.5 (Mixed Use Node) – addition of a new policy in clause (o) providing for potential exceptions to the maximum height and density in the Mixed-Use Node overlay designation via the implementing Zoning By-law, without amendment to the Official Plan, if information is provided to satisfy the criteria in subclause i. to vi. of clause (o), to allow for added flexibility for a range of housing types, densities and built forms for mixed use buildings and areas supported by appropriate justification for specific future development proposals to be considered on a case-by-case basis;

g. Section 6.11.7.3.1 (Natural Heritage System Context & Subwatershed Study) – addition of further information for clarification and context purposes in the second sub-bullet under the second bullet of the fifth paragraph of the preamble, to further explain the relationship between the Natural Heritage System (NHS) policies and 30% cover target for the MCP Area and the established Township-wide cover target in Section 10.3.2 of the Township Official Plan which identifies a coverage target comprised of 30% of the land area in the Township in forest cover or wetland, with at least 10% of each subwatershed in wetland, and naturally vegetated buffers along 70% of the length of the first to third order streams in the Township;

h. Section 6.11.7.3.1 (Natural Heritage System Context & Subwatershed Study) – addition of further information for clarification purposes in the first sentence of the final paragraph of the preamble to explain the intent that the achievement of the 30% natural cover target will be measured across the Smithville MCP Secondary Plan Area;

i. Section 6.11.7.3.1 (Natural Heritage System Context & Subwatershed Study) – rewording of the second sentence to clarify that the opportunity to consider trail corridors (not just the trails themselves) towards the achievement of the natural cover target and to clarify reference to green infrastructure corridors to mean utility/servicing corridors;

j. Section 6.11.7.3.1 (Natural Heritage System Context & Subwatershed Study) – addition of a new sentence after the second sentence to add discrete separate features that provide wildlife habitat and act as “stepping stone” linkages as areas that will be considered towards the achievement of the natural cover target subject to appropriate justification demonstrated through an Environmental Impact Study (EIS), to allow additional flexibility in the measurement and achievement of the natural cover target and the efficient use of land and layout of proposed development;

k. Section 6.11.7.3.2 (Principles / Objectives) – grammatical correction in the first sentence (changing the first word from “This” to “The”) and addition of wording in clause (a) to more comprehensively capture the broad objectives for the NHS and add reference to the other features that contribute towards achievement of the natural cover target and revised wording in clause (f) to better articulate the principle and objective of further assessment and location confirmation of Recommended Restoration Areas;

l. Section 6.11.7.3.3 (Interpretation) – revisions to the definition of “natural cover target” in clause (e) to clarify and expand on the areas and features contributing towards the achievement of the target to allow additional flexibility in the measurement and achievement of the natural cover target and the efficient use of land and layout of proposed development, and to provide direction for addressing the target in each Block Plan Area while clarifying that deficiencies in one Block Plan Area or Phase are not required to be made up in other Block Plan Areas or Phases, and further clarifying that the natural cover target is not a maximum or cap on the amount of natural cover if additional natural cover is required to conform with other applicable policies of the Township Official Plan;

m. Section 6.11.7.3.8 (Woodlands) – revisions to the wording of clause (f) to clarify that it is the results of Tree Preservation Plans and an EIS that shall be used to demonstrate the extent to which proposed developments contribute to, or will not conflict with, the achievement of the natural cover target;

n. Section 6.11.7.3.14 (Conceptual Buffers) – addition of wording in clause (c) to articulate the primary and secondary function of Buffers in determining their appropriate width;

o. Section 6.11.7.3.15 (Linkages) – addition of wording in clause (a) to articulate the primary and secondary function of Linkages in considering refinements where appropriate as determined through an EIS;

p. Section 6.11.7.3.16 (Recommended Restoration Areas and Potential Restoration Areas) – revised wording in subclause iii. of clause (c) to re-phrase in a positive direction the policy in regards to the extent of refinement of Recommended Restoration Areas, or identified alternative restoration opportunities, and their contributions to the achievement of the natural cover target;

q. Section 6.11.7.3.17 (Natural Hazards) – revised wording in clause (c) to be clearer that, where karst features and their associated buffers are added to the NHS, they may be counted “as contributing” toward the achievement of the natural cover target;

r. Section 6.11.7.4.4 (Transportation Network) – addition of new subclause (iv) in clause (f) to add viable servicing within the right-of-way to the criteria for determining the number and alignments of Local Roads that will be required as defined through the Block Plan process;

s. Section 6.11.7.4.4 (Transportation Network) – addition of wording in clause (g) to note the potential for exceptions to the minimum right-of-way width of 20 metres for Local Roads, to be consistent with the addition of a new subclause ii. of clause (h) to provide flexibility for a reduced right-of-way width of 18 metres where the standard 20-metre road allowance is difficult to achieve due to natural heritage / environmental constraints, to allow flexibility for the efficient use of land and layout of proposed development;

t. Section 6.11.7.4.4 (Transportation Network) – addition of new subclauses iii. of clause (h) to provide the Township with flexibility to modify the minimum right-of-way width for any Arterial or Collector Roads under its jurisdiction, to allow some flexibility to adapt minimum right-of-way standards over time to address transportation and servicing needs and provide for the efficient use of land and infrastructure;

u. Section 6.11.7.4.4 (Transportation Network) – addition of wording in clause (n) and (o) regarding sidewalk requirements, to clarify that sidewalks are required on both sides of Arterial and Collector Roads while allowing for sidewalks on one side of Local Roads except where sidewalks are required on both sides of Local Roads along park or school frontages and as connecting routes for off-road active transportation facilities, to provide for longer driveways and greater space for parking within driveways;

v. Section 6.11.7.4.4 (Transportation Network) – revised and additional wording in clause (r) to reflect the possibility of future transit options and to note that, at present, transit service is provided by Niagara Regional Transit on an on-demand basis, for context;

w. Section 6.11.7.6.1 (Block Plans) – addition of new clause (b) to further articulate the intent of Block Plans, which is to help implement the Smithville MCP and guide development applications, and the expectation that Block Plans will provide for expedited development application processes for related amendment to the Zoning By-law, site plans and draft plans of subdivision/condominium;

x. Section 6.11.7.6.1 (Block Plans) – revision of wording in clause (e) (re-numbered to clause (f)) to add that a Terms of Reference for Blocks Plans shall identify anticipated timelines for approval of Block Plans;

y. Section 6.11.7.6.1 (Block Plans) – addition of new clause (l) to clarify that applications proposing development may be deemed complete for processing concurrent with the Block Plan process provided any incomplete matters not already addressed by the Block Plan are identified as application submission requirements through pre-consultation and are submitted with the development application(s), in an effort to enable a timely/efficient process for deeming complete and processing development applications;

z. Section 6.11.7.6.1 (Block Plans) – addition of new clauses (m) and (n) to clarify that a proposed plan of subdivision/condominium may be draft approved or other development approval may be considered once the proponent has completed all work required to formulate a Block Plan, and that the Township may use holding provisions and/or conditions of approval to ensure the entire Block Plan is completed prior to final approval of site-specific development applications, and to allow for the approval of Block Plans in phases, in an effort to enable a timely/efficient process for development review and approvals, while limiting this exception to appropriate circumstances where a portion of a Block Plan Area is still under review to enable other portions of the same Block Plan Area to proceed to draft plan of subdivision/condominium or other development approval;

aa. Section 6.11.7.6.1 (Block Plans) – replacement of “shall generally conform with and implement” with “should appropriately implement” to improve clarity and mutual understanding of expectations of development implementation of Block Plans;

bb. Section 6.11.7.6.1 (Block Plans) – rewording of subclauses i., ii., iii. and iv. of clause (l) (re-numbered as clause (p)) to improve clarity and mutual understanding regarding the scope and content of Block Plans including the appropriate implementation and refinement of land use designations, community facilities, parks and open spaces, the Master Servicing Plan (MSP) and Transportation Master Plan (TMP) via Block Plans supported by MESPs, and information demonstrating how the Block Plan appropriately implements the policies of Section 6.11.7.5 (Community Design & Sustainability) and Township Design Guidelines;

cc. Section 6.11.7.6.1 (Block Plans) – rewording of clause (m) (re-numbered as clause (q)) to clarify that Block Plans are required to identify the proposed gross densities (not “calculated” densities), appropriately implement the policies of the applicable land use designations and demonstrate achievement of the greenfield density target, to improve clarity and mutual understanding regarding the scope and content of Block Plans;

dd. Section 6.11.7.6.1 (Block Plans) – rewording of clause (p) (re-numbered as clause (t)) for consistency with the added policies regarding the processing and approval of development applications relative to the Block Plan process for consistency with the modifications described in Items y. and z.;

ee. Section 6.11.7.6.1 (Block Plans) – addition of new clauses (v) and (w) to indicate the Township’s target of 120 days for timely decisions on submitted Block Plans and to allow flexibility for alternative subdivision/condominium or other development applications, which are not consistent with a Block Plan if the deviation is appropriate and represents good planning and enhanced community benefits, and conformity with the policies of the Township Official Plan are demonstrated;

ff. Section 6.11.7.6.2 (Master Environmental Servicing Plans (MESPs)) – revision of subclauses i., iii., iv., and vii. Of clause (a) for consistency of wording with the modifications described in items aa., bb., and cc. (“appropriately implement”) to improve clarity and mutual understanding regarding the scope and content of MESPs;

gg. Section 6.11.7.6.3 (Development Staging Plan) – revisions to clause (d) and consolidation of requirements/criteria for consideration of future changes to the Development Staging Plan, to clarify that the development of lands designated for employment or commercial uses in earlier phases is not required prior to the development lands designated for residential uses in later phases, in order to provide for the timely progression of housing development and facilitate an adequate supply of housing, subject to the requirements that the necessary transportation systems and municipal infrastructure will be provided and that existing and planned community facilities and parks will be reviewed to ensure the population can be accommodated;

hh. Section 6.11.7.6.3 (Development Staging Plan) – revision to clause (f) to clarify that the achievement of the intensification target is included in the requirement to support the implementation of the Official Plan through a servicing allocation policy as may be adopted by the Township;

ii. Section 6.11.7.6.3 (Development Staging Plan) – addition of new clauses (h) and (i) to describe the Township’s intent to coordinate with the Region to monitor the pace of growth and adapt phasing and servicing strategies to maintain a reliable land inventory to achieve the growth forecasts of the Official Plan in keeping with the policies of the Niagara Region Official Plan, and to consult with affected landowners prior to making adjustments to the Development Staging Plan; and

jj. Section 6.11.7.6.4 (Complete Application) – addition of new subclause xxii in clause (b) to include a MESP as a submission requirement for a complete application for consistency with the modifications described in Item y.

8It is the opinion of both expert witnesses, and the Tribunal agrees, that the proposed modifications have appropriate regard for matters of Provincial interest, is consistent with the Provincial Policy Statement, conforms to the Growth Plan, conforms to the Official Plan, constitutes good land use planning and is in the public interest.

NEXT STEPS

9The Merit Hearing to dispose of the remaining issues will commence on Monday, June 17, 2024, beginning at 10 a.m. by video hearing for nine days and ending on Friday, June 28, 2024. for the Tribunal will not sit on June 24, 2024.

10The Procedural Order found in Schedule A of this Decision shall govern the proceedings leading up to and including the Hearing.

11The details to access the video hearing are below. Parties and Participants are asked to log into the video hearings at least 15 minutes before the start of the event to test their video and audio connections:

https://meet.goto.com/278736685

Access code: 278-736-685

12Parties 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

13Persons 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): 1-888-455-1389 or +1 (647) 497-9391. The access code is indicated above.

14Individuals 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.

THE TRIBUNAL ORDERS THAT:

1. The appeal is allowed in part;

2. The appeal is allowed in part and Orders that OPA 63 for the Township of West Lincoln is approved as modified by the partial settlement, as set out in Schedule B to this Order, and is in full force and effect, save and except for those scoped site-specific policies and land use schedules as set out in Schedule C to this Order; and

3. A nine-day video hearing with respect to the remaining issues will commence at 10 a.m. on Monday, June 17, 2024, by video hearing for nine days and ending on Friday, June 28, 2024. The Tribunal will not sit on Monday June 24, 2024.,.

15There will be no further notice, and this Member is not seized but will remain available for case management subject to the Tribunal’s calendar.

“A. Sauve”

A. SAUVE

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.

“SCHEDULE A”

CASE NO. OLT-23-000470

ONTARIO LAND TRIBUNAL

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

Appellant: JTG Holdings Ltd.

Appellant: Phelps Homes Ltd.

Subject: Proposed Official Plan Amendment No. 63

Description: (OPA 63) implements a detailed Secondary Plan for the lands added to the Smithville Urban Area.

Reference Number: D.10.12.OPA-22-0035 / OPA 63

Property Address: Smithville Master Community Plan Area

Municipality/Upper Tier: Township of West Lincoln/ Region of Niagara

OLT Case No.: OLT-23-000470

OLT Lead Case No.: OLT-23-000470

OLT Case Name: JTG Holdings Ltd. v. West Lincoln (Township)

1. The Tribunal may vary or add to the directions in this Procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on June 17, 2024 at 10:00 a.m. virtually.

3. The parties’ initial estimation for the length of the hearing is ten (10) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the Case Management Conference are set out in Attachment 1.

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the Case Management Conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before May 9, 2024 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before April 26, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before May 3, 2024.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; by the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before May 8, 2024, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before May 8, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their witness statement, unless ordered by the Tribunal.

15. On or before June 7, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before June 7, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before May 29, 2024 and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before June 7, 2024.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the Motion to all other parties 15 days before the Tribunal hears the Motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 11, 2024 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

24. A summary of the filing dates is attached as Attachment 4.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

_____________________________________

TRIBUNAL REGISTRAR

ATTACHMENT 1

PARTIES/PARTICIPANTS

Parties

1. Phelps Homes Ltd. & JTG Holdings Ltd.

Turkstra Mazza Associates 15 Bold Street Hamilton, ON L8P 1T3

Jennifer Meader Tel: 905.529.3476 Email: jmeader@tmalaw.ca

2. Regional Municipality of Niagara

1815 Sir Isaac Brock Way Thorold, ON L2V 4T7

Alexander J. Suriano Email: asuriano@airdberlis.com

Scott Crocco Email: Scott.Crocco@niagararegion.ca

3. Township of West Lincoln

Sullivan Mahoney LLP 40 Queen Street St. Catherines, ON L2R 6Z2

Thoman G. Hanrahan Tel: 905.688.0494 Email: thanrahan@sullivan-mahoney.com

Thomas Richardson Tel: 905.688.0494 Email: trichardson@sullivan-mahoney.com

4. 2650687 Ontario Ltd.

Russell Cheeseman Tel: 416.955.9529 Email: rdcheese@aol.com

5. Allan and Janet Schutten

Russell Cheeseman Tel: 416.955.9529 Email: rdcheese@aol.com

6. Trek Corporation and Kingma Petek LLP

Russell Cheeseman Tel: 416.955.9529 Email: rdcheese@aol.com

7. 1734234 Ontario Limited

Russell Cheeseman Tel: 416.955.9529 Email: rdcheese@aol.com

Participants

1. Linda Sivyer Tel: 905.541.5935 Email: rsivyer@gmail.com

ATTACHMENT 2

ISSUES LIST

NOTE 1: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the OLT.

NOTE 2: These issues are related to the lands owned by the Appellants and scoped to the following policies and Schedules:

1. Policy 6.11.7.3.1 preamble bullet 4
2. Policy 6.11.7.3.8.a)
3. Policy 6.11.7.3.15 preamble
4. Policy 6.11.7.3.15.j)
5. Policy 6.11.7.3.16 preamble
6. Policy 6.11.7.3.16 a)
7. Schedule E-11
8. Schedule E-12

Issues

1. Does OPA 63 have appropriate regard for matters of provincial interest, as set out in section 2 of the Planning Act, and section 2(a) in particular?
2. Is OPA 63 consistent with the Provincial Policy Statement, 2020 (“PPS”)? In particular:
   1. Policy 1.1.1 a);
   2. Policy 1.1.3.4;
   3. Policy 1.1.3.6;
3. Does OPA 63 conform with the Growth Plan for the Greater Golden Horseshoe, 2019 as amended (“Growth Plan”)? In particular:
   1. Policies: i. 2.2.1.4 e) ii. 2.2.6.3 iii. 2.2.7.1
   2. Section 4 – Context and Policies i. 4.2.2.2 ii. 4.2.2.7
4. Does OPA 63 conform with the Region of Niagara Official Plan? In particular:
   1. Chapter 2: i. Policy 2.2.1.1 – b.,
   2. Chapter 3: i. Section 3.1.15 ii. Section 3.1.16 iii. Section 3.1.17
   3. Chapter 6: i. Policy 6.1.4.7 e) ii. Policy 6.1.4.9 a) and e)
   4. Schedule C1 - Natural Environment System Overlay and Provincial Natural Heritage Systems
   5. Schedule C2 - Natural Environment System - Individual Components and Features
   6. Schedule C3 - Key Hydrologic Areas Overlay
5. Does OPA 63 meet the general intent and purpose of the Township of West Lincoln Official Plan? In particular:
   1. Objectives 5.2 b);
   2. Objectives 6.1.2 b);
   3. Natural Heritage Policies of Section 10 Natural Environment, and specifically: i. 10.7.2 e)
   4. Schedule C1 – Natural Heritage Systems
   5. Schedule C2 – NHS Environmental Protection Area
   6. Schedule C3 – NHS Environmental Conservation Area
   7. Schedule C4 – NHS Other Features
   8. Schedule E12 – Smithville NHS
6. Is the identification of Restoration Areas on the lands owned by the Appellants, as described in OPA 63 Policies 6.11.7.3.1 (Preamble, Bullet 4); the preamble of Policy 6.11.7.3.16, Policy 6.11.7.3.16.a), and depicted in Schedules “E-11” and “E-12”, adequately and factually justified in the Subwatershed Study?
7. Should there be a site-specific policy applying to the U-shaped woodland on the Subject Lands, confirming that it is not a Significant Woodland and will be evaluated according to its “Other Woodlands” designation on the Region of Niagara Natural Environment System mapping and according to the Region of Niagara Official Plan policies for “Other Woodlands”?
8. Is the north-south linkage to 20 Mile Creek referenced in Schedule E-11 and E-12 and Policy 16.11.7.3.15 – Preamble – 1st paragraph justified by an identified ecological function?
9. Is the linkage referred to in Policy 6.11.7.3.15.j) justified by an identified ecological function?
10. Does OPA 63 represent good planning and is it in the public interest?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Phelps Homes Ltd. & JTG Holdings Ltd.
2. Township of West Lincoln
3. Regional Municipality of Niagara
4. 2650687 Ontario Ltd.
5. Allan and Janet Schutten
6. Trek Corporation and Kingma Petek LLP
7. 1734234 Ontario Limited
8. Phelps Homes Ltd. & JTG Holdings Ltd. in reply

ATTACHMENT 4

SUMMARY OF FILING DATES

EVENT DATE

Witness List May 9, 2024

Expert Witness Meeting April 26, 2024

Statement of Agreed Facts and Issues May 3, 2024

Expert Witness Statements May 8, 2024

Written Participant Statements May 8, 2024

Reply Witness Statements May 29, 2024

Confirm All Hearing Dates with Tribunal June 7, 2024

Visual Evidence June 7, 2024

Joint Document Book June 7, 2024

Preliminary Hearing Plan June 11, 2024

OLT Hearing Commences June 17, 2024

56757977.1