BSC Landco Inc. et al v Brantford (City), 2025 CanLII 106930

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

October 14, 2025

CASE NO(S).:

OLT-24-001085

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

Losani Homes (1998) Ltd.

Subject:

Proposed Official Plan Amendment No. 11

Description:

To permit the replacement of Zoning By-law 160-90 and By-law 61-16 where it currently applies to the municipal boundary.

Reference Number:

OPA No. 11

Property Address:

All lands within the City of Brantford, including the former County lands.

Municipality:

Brantford

OLT Case No.:

OLT-24-001085

OLT Lead Case No.:

OLT-24-001085

OLT Case Name:

BSC Landco Inc. et al v Brantford (City)

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

Appellants:

BSC Landco Inc., & Losani Homes (1998) Ltd. et al.

Subject:

By-law No. 124-2024

Description:

To permit the replacement of Zoning By-law 160-90 and By-law 61-16 where it currently applies to the municipal boundary.

Reference Number:

ZBA 124-2024

Property Address:

All lands within the City of Brantford, including the former County lands.

Municipality:

Brantford

OLT Case No.:

OLT-24-001086

OLT Lead Case No.:

OLT-24-001085

Heard:

August 28, 2025 by video hearing

APPEARANCES:

Parties

Counsel/Representative*

City of Brantford

Brian Duxbury

Losani Homes (1998) Ltd.

Mark de Jong

Jessica De Marinis (in absentia)

Jennifer Meader (in absentia)

Mattamy (Powerline) Limited,

Mattamy (419 Powerline) Limited,

Mattamy (466 King George) Limited, & 1000089067 Ontario Limited

(“Mattamy”)

Denise Baker

Sylvain Rouleau (in absentia)

BSC Landco Inc

Alex Ciccone

LIV Communities lnc., LIV (Birkett) lnc.,

LIV (Conklin) lnc., &

LIV Developments Ltd.

(“LIV”)

Russell Cheeseman

Stephanie Fleming

Granite Canadian Holdings Ltd. Partnership & Granite Property Nominee Inc.

Johnathan Marun-Batista

Andrea Skinner (in absentia)

Primont (Brantford1) Inc. &

Primont (Brantford 2) Inc.

(“Primont”)

Evan Barz

Chris Barnett (in absentia)

Welton & Innes G.P. Inc.

Olivia Rasekhi*

Sarah Kagan (in absentia)

Ira Kagan (in absentia)

Canadian National Railway

Doug Pateman

Katarzyna Sliwa (in absentia)

TSTL (Brantford) Building Corporation, FHC (211 Brantford) Ltd,

2546417 Ontario Inc., &

Hans Holding (Brantford) Ltd.

(“TSTL”)

Lauren Cao

Alex Lusty (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON AUGUST 28, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION AND BACKGROUND

1This is the third Case Management Conference (“CMC”) pertaining to appeals launched by BSC Landco Inc., & Losani Homes (1998) Ltd. et al (“Appellant Parties”) against the City of Brantford’s (“City”) passing of a new Comprehensive Zoning By-law No. 124-2024 (“CZBL”) pursuant to 34 (19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) and against the passing of the City initiated Official Plan Amendment 11 (“OPA”) under subsection 17(24) of the Act.

2The second CMC resulted in the following outcomes:

• Given the large number of Parties, two future dates were set for CMCs to facilitate hearing planning and to hear any potential settlement proposals
• Withdrawals from these proceedings were confirmed for LaFarge Canada Inc., S.C. Johnson and Son Inc., KSNADG Lynden Park Inc., DD Real Estate Developments Limited and Ideal Capital Partners Inc., and Losani Homes (1988) Ltd.(withdrawn from OPA).
• Losani Homes’ request for the consolidation of Cases OLT-24-001069 and OLT-24-001985 was granted with the consent of the City.

CASE MANAGEMENT – August 28, 2025

3The Tribunal was provided with updates from the Parties at the onset of these proceedings and several Parties requested additional time to continue deliberations with the City and that additional CMC dates be set. There have been some discussions about the use of mediation, but the Parties did not make a request at this time.

4The Tribunal granted the request for additional CMC dates and confirmed that all parties are expected to participate. CMCs were set for Wednesday, November 26, 2025, and Thursday, November 27, 2025, by video and beginning at 10am. The Parties will provide a status update to the Case Coordinator by Wednesday, November 12, 2025. The update will indicate which, if any, Parties have reached a draft settlement with the City and a draft procedural order will be submitted for those who have not.

5In addition, Mattamy, Primont, and TSTL requested that 10 days be set aside in late April or early May 2026 for a hearing of the merits. The Parties also indicated that mediation is being considered. Mattamy submitted a draft procedural order prior to these proceedings but, with the addition of Primont and TSTL requesting hearing dates, the Parties requested additional time to submit a final draft together.

6The Tribunal granted the request and scheduled a nine-day Hearing set to begin at 10 am, by video on Monday, May 11, 2026, and end on Friday, May 22, 2026. The Tribunal will not be sitting on Monday, May 18, 2026. The Parties will provide the Tribunal with a draft procedural order by Wednesday, October 1, 2025.

7The Tribunal received a draft procedural order on consent of the involved parties and has reviewed and approved the procedural order and included with this decision as Schedule 1.

8Finally, BSC Landco and the City indicated that they had reached a draft settlement and requested that evidence in support of it be presented to the Tribunal. The request to hear the settlement in principle was granted.

Future Hearing Details

9Parties are asked to log in to future events at least 15 minutes before they begin to test their video and audio connections:

CMC – November 26 and November 27, 2025

GoToMeeting: https://global.gotomeeting.com/join/638422541

Access Code: 638-422-541

Audio-only telephone line: 1-888-299-1889 (Toll-Free) or +1 (647) 497-9373

Audio-only access code: 638-422-541

Hearing of the Merits – May 11 to May 22, 2026

GoToMeeting: https://global.gotomeeting.com/join/927921077

Access Code: 927-921-077

Audio-only telephone line: 1-888-299-1889 (Toll-Free) or +1 (647) 497-9391

Audio-only access code: 927-921-077

10Parties 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

11Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.

12Individuals 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.

SETTLEMENT – BSC LANDCO INC. AND THE CITY OF BRANTFORD

BACKGROUND

13The City launched a “New Zoning By-law Project” in September 2021, following the approval of the Official Plan (“OP”) by the Minister of Municipal Affairs and Housing in August 2021. To conform with the OP, the City initiated the process of updating ZBL No.160-90 in its entirety as well as the County of Brant (“County”) ZBL No. 61-16, where it applies to the municipal boundary adjustment lands that were annexed to the City from the County in 2017. The new Zoning By-Law 124-2024 (“ZBL”) regulates lands within the City, including the former County lands. It contains specific requirements for parcels of land, including, for example, permitted uses, building height and setbacks, landscape and parking requirements.

14BSC Landco Inc. launched an appeal of the ZBL related to its impact on their property at 555 Greenwhich Street (“Subject Property”) in the City. At issue is the designation of a Core Natural (N) zone over a portion of the Subject Property which BSC Landco contest would “restrict future development potential” of the Subject Property. They intend to pursue a severance that would permit the transfer of a portion of the property to an adjacent property owner for inclusion with the adjacent property owner’s industrial lands and retain a portion for the current use.

15Specifically, the ZBL rezones a portion of the Subject Property from “General Industrial” and “Open Space Type 1” to “Core Natural” and it is the Appellant’s intent to change the zoning and designation from “Core Natural” to “General Employment” which would permit future industrial development.

MINUTES OF SETTLEMENT

16The Appellant and the City, as reflected in the Minutes of Settlement (Schedule 2), agreed that the proposed Zoning By-law Amendment (“ZBA”) indicates that the portion of the Subject Property zoned “Core Natural (N)” Zone be changed to a “Holding (H38) - General Employment (H38-GE)” Zone. Lifting the holding provision would be subject to a completed Environmental Impact Study and any other pertinent studies required to establish the limits of the developable area on the Subject Property. Any lands deemed undevelopable would return to the “Core Natural (N)” Zone designation (“Proposed Settlement”)

17The proposed Zoning By-Law Amendment is included below as Schedule 3.

LEGISLATION

18The issues that the Tribunal must address when adjudicating a ZBA appeal are whether the proposed instruments:

a) Are consistent with the Provincial Policy Statement, 2024 (“PPS 2024”);

b) Conform with applicable Official Plans and the Zoning By-law for the City; and

c) Represent good planning.

19The Tribunal must have regard to the matters of provincial interest as set out in s. 2 of the Act and have regard to the information and materials that the City received concerning the matters under s. 2.1(2) of the Act.

EVIDENCE/ANALYSIS/FINDINGS

20By way of planning evidence in support of the proposed settlement, the Affidavit of Registered Professional Planner Cynthia Baycetich was marked as Exhibit 1. Planner Baycetich is a full member of the Canadian Institute of Planners and the Ontario Professional Planners Association.

21The Tribunal heard the uncontested planning evidence of Planner Baycetich which opined that the proposed settlement has appropriate regard for section 2 of the Act, is consistent with the PPS 2024, conforms with the City’s Official Plan, meets the intent of Zoning By-laws 160-90 and 124-2024, represents good planning and is in the public interest.

22Planner Baycetich proffers that the ZBA has regard for matters of provincial interest especially with respect to ”the protection of ecological systems” and “appropriate location for growth and development while also supporting employment opportunities”.

23Regarding its consistency with the PPS, Ms. Baycetich opines that the Subject Property is within a settlement area and maintains the ability of the Subject Property to be used for industrial purposes, subject to the holding provision. The Subject Property also has access to City services and the ZBA makes for an efficient use of the property.

24Regarding the City’s OP, allowing for the designation to be changed from “Core Natural Areas” to “General Employment” at a future time allows the opportunity for the site to be fully developed as envisioned by the OP.

25Regarding zoning, Ms. Baycetich opines that the Holding provision in the ZBA provides the opportunity to be more precise in identifying how much of the Subject Property should be deemed “Core Natural”, while also maintaining the emphasis on employment potential for the Subject Property by deeming the remaining land as “General Employment”.

26The Tribunal, having considered the Minutes of Settlement and the uncontested planning evidence of Cynthia Baycetich, grants the appeal and approves the ZBA attached to this decision.

27The Tribunal finds that the ZBA has appropriate regard for matters of provincial interest, is consistent with the PPS and conforms with the City’s OP. It also represents good planning and is in the public interest.

28The Tribunal concurs with Planner Baycetich’s planning rationale, which indicates that the use of the Holding provision allows the landowner and the City to be more precise with respect to the natural areas of the Subject Property while also being able to take full advantage of the employment potential of the same lands.

29The Tribunal finds that the ZBA permits existing uses to expand and increase employment opportunities, which is a priority of the province.

ORDERS

30THE TRIBUNAL ORDERS THAT:

1. the appeal by BSC Landco Inc. is allowed and By-law 124-2024 of the City of Brantford is hereby amended as set out in Schedule 3 to this Order.

2. the Parties shall adhere to the directions set out above regarding future hearing dates beginning at paragraph [4] and the Procedural Order (Schedule 1) is in full force and effect.

“Gregory J. Ingram”

GREGORY J. INGRAM

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 1

CASE NO(S).:

OLT-24-001085

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

Losani Homes (1998) Ltd.

Subject:

Proposed Official Plan Amendment No. 11

Description:

To permit the replacement of Zoning By-law 160-90 and By-law 61-16 where it currently applies to the municipal boundary.

Reference Number:

OPA No. 11

Property Address:

All lands within the City of Brantford, including the former County lands.

Municipality:

Brantford

OLT Case No.:

OLT-24-001085

OLT Lead Case No.:

OLT-24-001085

OLT Case Name:

BSC Landco Inc. et al v Brantford (City)

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

Appellants:

BSC Landco Inc., & Losani Homes (1998) Ltd. et al

Subject:

By-law No. 124-2024

Description:

To permit the replacement of Zoning By-law 160-90 and By-law 61-16 where it currently applies to the municipal boundary.

Reference Number:

ZBA 124-2024

Property Address:

All lands within the City of Brantford, including the former County lands.

Municipality:

Brantford

OLT Case No.:

OLT-24-001086

OLT Lead Case No.:

OLT-24-001085

PROCEDURAL ORDER

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 May 11, 2026 and will end on May 22, 2026. The Tribunal will not sit on May 18, 2026.

3. The parties’ initial estimation for the length of the hearing is 9 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. The procedural order deadlines are generally found in Attachment 1.

4. The parties and participants identified at the case management conference are set out in 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.

5. The issues are set out in the Issues List attached as Attachment 3. 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 4 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 Monday January 12, 2026 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 Monday February 9, 2026, 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 Friday February 20, 2026.

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; but 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 Thursday March 12, 2026, the parties shall provide copies of their witness and/or 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 Thursday March 12, 2026, 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 written statement, unless ordered by the Tribunal.

15. On or before Monday April 6, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before Friday April 24, 2026, 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 Wednesday April 1, 2026, 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 Friday April 24, 2026.

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 Friday April 24, 2026 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.

This Member is not seized.

So orders the Tribunal.

ATTACHMENT 1

SUMMARY OF KEY DATES

Date

Hearing Event

Monday January 12, 2026

Exchange of List of Witnesses

Monday February 9, 2026

Expert Witness Meeting

Friday February 20, 2026

Filing of Statement(s) of Agreed Facts and Issues

Thursday March 12, 2026

Exchange of Witness Statements and experts reports, participant statements (if any), and summoned witness outlines (if any)

Wednesday April 1, 2026

Exchange of Reply Witness Statements (if any)

Monday April 6, 2026

Confirmation to Tribunal if all reserved hearing dates are still required

Friday April 24, 2026

Exchange of Visual Evidence

Friday April 24, 2026

Filing of Joint Document Book

Friday April 24, 2026

Filing of Hearing Plan

May 11, 2026

Hearing Commences

ATTACHMENT 2- PARTIES

1. City of Brantford

Duxbury Law Professional Corporation

Brian Duxbury

905-570-1242

brian@duxburylaw.ca

2. Mattamy (Powerline) Limited, Mattamy (419 Powerline) Limited, Mattamy (466 King George) Limited, & 1000089067 Ontario Limited (“Mattamy”)

WeirFoulds LLP

Denise Baker 416-947-5090 dbaker@weirfoulds.com

Sylvain Rouleau 416-947-5016 srouleau@weirfoulds.com

3. Primont (Brantford1) Inc.

Primont (Brantford2) Inc.

Osler, Hoskin & Harcourt LLP

Christ Barnett

416-862-6651

cbarnett@osler.com

Evan Barz

416-862-4209

ebarz@osler.com

4. TSTL (Brantfrd) Building Corporation, FHC (211) Brantford) Ltd., 2546417 Ontario Inc., & Hans Holding (Brantford) Ltd.

Davies Howe LLP

Alex Lusty

416-263-4522

alexl@davieshowe.com

Lauren Cao

416-263-4524

laurenc@davieshowe.com

ATTACHMENT 3- ISSUES LIST

1. Does the proposed Zoning By-law have sufficient regard to matters of provincial interest under Section 2 of the Planning Act, including:

• (h) the orderly development of safe and healthy communities;
• (j) the adequate provision of a full range of housing, including affordable housing;
• (p) the appropriate location of growth and development;
• (q) the promotion of development that is designed to be sustainable, to support public interest and to be oriented to pedestrians; and,
• (r) the promotion of built form that is well-designed, encourages a sense of place, and provides for public spaces that are of high quality, safe, accessible, attractive and vibrant?

2. Is the Zoning By-law consistent with the Provincial Planning Statement 2024, including policies 2.1.4, 2.1.6 and 6.1.6?

3. Does the Zoning By-law conform with the City’s Official Plan, including policies 3.1; 4.2.a.v; and 4.3?

4. Are the following provisions of the proposed Zoning By-law appropriate:

• Section 3.0 General Provisions

a. 3.8 Daylight Triangle

b. 3.10 Frontage on a Public Street

c. 3.13 Heating and Ventilation and Air Conditioning (Table 4)

d. 3.19 Live/Work Units

e. 3.21 Model Homes

f. 3.24 Permitted Encroachments (Table 6)

g. 3.25 Public Services b)

h. 3.34 Utilities

• Section 4.0 Definitions

a. 4.98 Finished Grade

b. Section 4.136 – Landscaped Open Space

c. 4.169 Model Home

• Section 5.0 Parking and Loading Regulations

a. 5.2 Off Street Parking Requirements (Table 8)

b. 5.5 Parking Space Dimensions

c. 5.8 ii) Access to Parking

d. 5.13 Bicycle Parking

• Section 6.0 Mixed Use Zones

a. 6.2 Permitted Uses (Table 20 Intensification Corridor (IC) Zone)

b. 6.8 Provisions for Intensification Corridor (IC) Zone (Table 32)

• Section 7.0 – Residential Zones

a. 7.5 Greenfield Neighbourhood Low-Rise Residential (GNLR) Zone Provisions (Table 40)

b. 7.6 Neighbourhood Corridor (NCR) Zone Provisions (Table 42)

c. 7.6.2 Additional Provisions

d. Section 7.7 – Residential Mid-Rise (RMR) Zone Provisions

5. Does the proposed Zoning By-law represent good planning?

6. If modifications are made to the proposed Zoning Bylaw, are those modifications consistent with the Provincial Planning Statement 2024 and in particular Policy 2.9?

7. If modifications are made to the proposed Zoning Bylaw, do those proposed modifications conform with the City of Brantford’s Official Plan and in particular Policies 3.5.n) and 5.1(f-j)?

8. If Regulations are promulgated to provide for prescribed provisions in respect to Section 34(1.4-1.7) of the Planning Act brought in by the Protect Ontario by Building Faster and Smarter Act, 2025, should consideration be given to those Regulations?

ATTACHMENT 4- ORDER OF EVIDENCE

1. City of Brantford

2. Mattamy (Powerline) Limited, Mattamy (419 Powerline) Limited, Mattamy (466 King George) Limited, & 1000089067 Ontario Limited

3. Primont (Brantford1) Inc. and Primont (Brantford2) Inc.

4. TSTL (Brantfrd) Building Corporation, FHC (211) Brantford) Ltd., 2546417 Ontario Inc., & Hans Holding (Brantford) Ltd.

5. City of Brantford, in reply

SCHEDULE 2

SCHEDULE 3

EXPLANATORY NOTE

TO

BY-LAW NO. XXX-2025

This By-law applies to the lands municipally known as 555 Greenwich Street in the City of Brantford. The subject property encompasses an area of approximately 3.0 hectares (7.45 acres) and features approximately 330 metres of frontage along Greenwich Street.

The purpose of this By-law is to rezone a portion of the subject property from “Core Natural (N)” Zone to “Holding (H38) – General Employment (H38-GE)” Zone. The “H38” holding provision restricts development on this portion of the property until such time as an Environmental Impact Study and any required supporting studies are completed to confirm the limits of developable area and ensure that significant natural heritage features are appropriately protected and maintained.

BY-LAW No. XX-2025

OF

THE CORPORATION OF THE CITY OF BRANTFORD

By-law to amend By-law No. 124-2024, the Comprehensive Zoning By-law for the City of Brantford, as amended, being a bylaw to regulate the use of lands and the location, erecting and use of buildings and structures in the City of Brantford

WHEREAS the Council of The Corporation of The City of Brantford desires that By-law No. 124-2024, as amended, be further amended as hereinafter set out;

AND WHEREAS such an amendment will be within the general terms and intent of the City of Brantford Official Plan;

NOW THEREFORE the Municipal Council of the Corporation of the City of Brantford, under the provisions of Section 34 of the Planning Act R.S.O 1990, hereby enacts that Comprehensive Zoning By-law 124-2024, as amended, be further amended as follows:

1. SCHEDULE AMENDMENT TO BY-LAW NO. 124-2024

2. THAT Schedule “A” Map I10 be amended as shown on Schedule “A” attached to and forming part of this by-law, as summarized as follows:

Change from “Core Natural (N)” Zone to “Holding (H38) – General Employment (H38-GE)” Zone.

1. TEXT AMENDMENT TO BY-LAW NO. 124-2024

2. THAT the following holding provision be added to Section 15.0 Holding Zone, 15.1 Requirements:

“H38

a) The completion of an Environmental Impact Study and any other studies considered appropriate to define the limits of developable area and ensure that future development within the developable area will not adversely impact significant natural heritage features on and adjacent to the subject lands, to the satisfaction of the City of Brantford.

b) Any lands determined to be non-developable will return to the Core Natural (N) Zone in accordance with Section 2.18 f) of this By-law.

c) The land use designation of any lands determined to be developable shall be modified to the General Employment Designation as a minor adjustment to the Core Natural Area Designation, in accordance with policy 5.6.1(p) of the City of Brantford Official Plan.”

1. EFFECTIVE DATE

2. THAT this By-law shall become effective from and after the date of passing thereof.

READ A FIRST TIME:

READ A SECOND TIME:

PASSED:

__________________________

MAYOR

__________________________