Plan Amendment (PC 225 22), 2024 CanLII 97534

Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 01, 2024

CASE NO(S).: OLT-23-001157

PROCEEDING COMMENCED UNDER subsection 10(3) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2

Objector: Andrew Lauder

Objector: Anita Lorelli

Objector: Antonio Rodrigues and Tara Burns et al.

Subject: Proposed Amendment to the Niagara Escarpment Plan

Description: To amend the Niagara Escarpment Plan to allow for the development of on-farm diversified uses and agricultural-related uses outside of prime agricultural areas.

Reference Number: Niagara Escarpment Plan Amendment PC 225 22

Property Address: The entire Niagara Escarpment Plan (NEP) Area

Municipality/UT: Niagara/Niagara

OLT Case No.: OLT-23-001157

OLT Lead Case No.: OLT-23-001157

OLT Case Name: Plan Amendment (PC 225 22)

Heard: July 31, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel/Representative*
Niagara Escarpment Commission	Ken Hare, Mariam Awan, Isabel Yang*
City of Burlington	Andrea Peebles, Hannah Ruby
Jill Kantelberg	Max Laskin, David Bronskill (in absentia)
Mike Krapez	Self-represented*
Jim Muzyka	Self-represented*
Peter Blaiklock	Self-represented*
Regal Point Elk	Errol Treslan

MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JULY 31, 2024 AND ORDER OF THE HEARING OFFICE

1This third Case Management Conference (“CMC”) regards a proceeding under s. 10(3) of the Niagara Escarpment Planning and Development Act relating to proposed Amendment No. PC 225 22 (“proposed amendment”) to the Niagara Escarpment Plan (“Plan”). The proposed amendment would amend agricultural policies in the Plan.

2The Tribunal acts in its role as the Hearing Office in this proceeding.

3On May 28, 2024, the Hearing Office convened the second Case Management Conference (“CMC”) on this matter, at which Member Tucci presided.

Status Requests

4At that CMC, the Hearing Office was presented with two requests for Party status:

1. Michael & Mark Krapez are agricultural business operators, landowners, and members of the Grape Growers of Ontario. They have been participating in this proposal to amend the Plan since April 2022; and

2. Regal Point Elk Farm is primarily a livestock operation, however, there is an ancillary maple syrup production use on the site.

5There were no objections to the status requests. The Hearing Office granted the requests.

Status Updates

6The Hearing Office was informed that there was no preliminary Issues List (“IL”), nor draft Procedural Order (“PO”) yet made available for review.

7The Hearing Office informed all Parties and Objectors that a third CMC would be required in order to present an IL and PO, and that adherence to the Order in paragraph [23] of the decision from the first CMC must be followed.

8The Order stated:

each Party is to provide the Niagara Escarpment Commission with: (a) input on whether they support or disagree or are neutral towards each of the proposed amendments, and the reason/rationale for their agreement or disagreement; (b) if they disagree, the specific request they are making for each amendment (e.g. delete or modify it); (c) if a Party is seeking to modify a policy, provide the proposed alternate policy language in tracked change format; and (d) a preliminary list of anticipated witnesses, and if they are experts, their discipline, and the focus of the evidence that they will provide.

9The Hearing Office, on consent, scheduled a third CMC for July 31, 2024, with the date of July 18, 2024 being the final day for submissions from Parties and Objectors in accordance with the directive of the Order clause from the first CMC.

Third CMC

10The purpose of the third CMC was to receive status updates from all Parties to organize a hearing.

11The Hearing Office heard that 19 of the 21 Objectors listed from the first CMC Decision did not respond to take part in the Hearing, and thus will not participate in the future Hearing.

12The Hearing Office was presented with a draft PO, which included a Hearing Proposal and an Issues List.

13The Parties requested the matter be scheduled for a 15-day Hearing.

14The Hearing Office hereby schedules a hearing of these appeals commencing on Monday, March 24, 2025, at 10 a.m. by Video Hearing. Fifteen (15) days have been set aside, with the exception of Monday, April 7, 2025.

15Parties, Objectors, and Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

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

Access code: 687-587-165

16Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

17Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 687-587-165.

18Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

ORDER

19THE HEARING OFFICE ORDERS THAT the Procedural Order attached as Schedule A shall govern the conduct of the scheduled proceeding.

“Carmine Tucci”

CARMINE TUCCI HEARING OFFICER

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.