Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 12, 2024
CASE NO.: OLT-22-004129
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: GFL Environmental Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To rezone the subject lands from the light industrial Zone to the Heavy Industrial
Reference Number: ZBLA07-2021
Property Address: 26 Haniak Road
Municipality/UT: Oliver Paipoonge/Thunder Bay
OLT Case No: OLT-22-004129
OLT Lead Case No: OLT-22-004129
OLT Case Name: GFL Environmental Inc. v. Oliver Paipoonge
BEFORE:
S. DIXON
Friday, the 12th day
MEMBER
of January, 2024
THIS MATTER having come before the Tribunal by way of Written Hearing;
AND THE TRIBUNAL being in receipt of a Motion by GFL Environmental Inc. (“GFL”) submitted on consent of the Parties to these proceedings on January 2, 2024;
AND THE TRIBUNAL having considered the Motion, which proposes a settlement between GFL and the Municipality of Oliver Paipoonge (“Municipality”) to fully dispose of GFL’s appeal of the Municipality’s refusal to approve GFL’s application to amend the Municipality’s Zoning By-law No. 01-2019 (“ZBL 01-2019”) by:
rezoning the lands legally described as CON 2 N/R PT LOT 3 RP 55R10875 PART 4 PCL 25398 TBF AND RP 55R12128 PART 1 PCL 25095 TBF, known municipally in year 2023 as 26 Haniak Road (“Subject Property”) from the Light Industrial (LI) Zone to the Heavy Industrial (HI) Zone; and
providing an additional site-specific permission for a “recycling facility” as defined in ZBL 01-2019;
AND THE TRIBUNAL also being in receipt of and having considered the uncontested opinion evidence contained in the affidavit of Stefan Huzan, sworn on November 23, 2024;
AND THE TRIBUNAL recognising that the submissions of Counsel for GFL in the aforementioned Motion and the sworn evidence of Mr. Huzan reflect revisions to the Application before the Tribunal that were reached through cooperative efforts of all Parties utilising Tribunal-led mediation on August 21, 2023, September 22, 2023, and October 25, 2023;
AND WHEREAS the Tribunal hereby recognises Mr. Huzan, having over 40 years of professional land use planning experience and having been previously qualified by the Tribunal as an expert in land use planning on several occasions, as once again being qualified to provide the Tribunal with expert opinion evidence in the area of land use planning;
AND WHEREAS Mr. Huzan’s affidavit confirms for the Tribunal that the Zoning By-law Amendment proposed by the settlement:
Has regard for the applicable matters of provincial interest as set out in s. 2 of the Planning Act;
Is consistent with the Provincial Policy Statement, 2020, and in particular Policies 1.1.4.1(f), 1.3.1(a), and 1.3.2.1;
Conforms to the Growth Plan for Northern Ontario, and in particular Policies 2.2.3(c) and 2.3.9(c);
Conforms to the Official Plan for the Municipality, and in particular Policies 4.6.2, 4.6.8, and 4.6.9; and
Is consistent with the existing provisions and intent of the Heavy Industrial (HI) zone in ZBL 01-2019;
THE TRIBUNAL ORDERS that the appeal is allowed in part and By-law No. 01-2019 of the Municipality of Oliver Paipoonge is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorises the municipal clerk of the Municipality of Oliver Paipoonge to assign a number to this by-law for record keeping purposes.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal
ATTACHMENT 1
Zoning By-law
THE CORPORATION OF THE MUNICIPALITY
OF OLIVER PAIPOONGE
BY-LAW NO. ________
A By-law to amend the Zoning By-law for the Municipality of Oliver Paipoonge
WHEREAS the Ontario Land Tribunal in its order issued January 12, 2024 in file number OLT-22-004129 ordered the amendment of comprehensive Zoning By-law No. 01-2019 for the Municipality of Oliver Paipoonge with respect to the lands legally described as CON 2 N/R PT LOT 3 RP 55R10875 PART 4 PCL 25398 TBF AND RP 55R12128 PART 1 PCL 25095 TBF, known municipally in the year 2023 as 26 Haniak Road, in the Municipality of Oliver Paipoonge;
AND WHEREAS it is advisable and expedient to amend Zoning By-law No. 01 – 2019;
The Ontario Land Tribunal by Order, amends By-law No. 01–2019 as follows:
The lands described as CON 2 N/R PT LOT 3 RP 55R10875 PART 4 PCL 25398 TBF AND RP 55R12128 PART 1 PCL 25095 TBF and known municipally in the year 2023 as 26 Haniak Road are rezoned from Light Industrial (LI) to Heavy Industrial (HI) and a recycling facility shall be permitted thereupon;
That Schedule “A” to By-law No. 01-2019, as amended, is hereby amended in accordance with Schedule “1” attached hereto.
That this by-law shall come into force and take effect on the date it is passed.
Enacted and passed this day of , 2024 as witness by the Seal of the Corporation and the hands of its proper Officers.
THE CORPORATION OF THE MUNICIPALITY OF OLIVER PAIPOONGE
Mayor Lucy Kloosterhuis
Wayne Hanchard, CAO/Clerk
SCHEDULE ‘1’
TO BY-LAW NO. ________