Sarnia (City) v Sarnia (City), 2025 CanLII 18342

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 24, 2025 CASE NO(S).: OLT-24-000760

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

Appellant:

City of Sarnia

Appellant:

1974321 Ontario Limited and Langtree Controls Limited

Appellant:

Procor Limited

Appellant:

Sarnia District Humane Society

Applicant:

City of Sarnia

Subject

Proposed Official Plan Amendment

Description:

To permit OPA No. 3

Reference Number:

City of Sarnia OPA No. 3

Property Address:

Area 2 Secondary Plan

Municipality/UT

City of Sarnia

OLT Case No.

OLT-24-000760

OLT Lead Case No.

OLT-24-000760

OLT Case Name:

Sarnia (City) v Sarnia (City)

BEFORE:

) Monday, the 24^th

STEVEN T. MASTORAS )

MEMBER ) day of February, 2025

THE TRIBUNAL ORDERS that the Procedural Order set out as Attachment “A” to this Order shall be in full force and effect for the purposes of governing the required procedure leading up to and including the hearing scheduled to commence Tuesday, September 9^th, 2025.

“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 “A”

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 Tuesday, September 9, 2025 to Wednesday, September 24, 2024 at 10:00 a.m. at:

https://global.gotomeeting.com/join/979388733

ACCESS CODE: 979-388-733

3. The parties’ initial estimation for the length of the hearing is twelve (12) 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 (see the sample procedural order for the meaning of these terms).

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, other than a party’s right to remove or narrow issues, 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 Monday, April 14, 2025 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, June 2, 2025 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 Monday, June 23, 2025.

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 Friday, July 11, 2025 , 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 Friday, July 11, 2025, 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 Tuesday, August 5, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before Monday, August 25, 2025, 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 Friday, August 8, 2025 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 Monday, August 15, 2025.

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, August 15, 2025 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.

BEFORE:

Name of Member:

Date:

____________________________

TRIBUNAL REGISTRAR

Attachment to Sample Procedural Order

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.

ISSUES LIST OF PROCOR LIMITED

Planning Legislation and Policies

1. Does Official Plan Amendment No. 3 “Development Area 2 Secondary Plan” (the “Secondary Plan”) fail to have regard for matters of provincial interest pursuant to section 2 of the Planning Act, R.S.O. 1990, c. P.13 (the “Planning Act”), and in particular subsections 2(f), (h), (k), (l), (o), and (p)? If so, should the Secondary Plan be refused for its failure to have regard for matters of provincial interest under the Planning Act?

2. Is the Secondary Plan consistent with the Provincial Planning Statement, 2024 (“PPS 2024”), and in particular, Chapter 1, and Policies 2.1.6, 2.3.1, 2.8.1, 2.8.2, 3.1, 3.2, 3.3, 3.4, 3.5, 6.1, and 6.2 (including sub-policies and associated definitions thereunder)? If not, should the Secondary Plan be refused for its failure to be consistent with the PPS 2024?

3. Is the Secondary Plan consistent with the City of Sarnia Official Plan, 2022 (the “Sarnia Official Plan”), and in particular, Policies 1.3, 1.4, 2.1, 2.2,3.1a), 3.2b), 3.3h), 3.3i) 3.3k), 3.3l), 3.5a), 3.5b), 3.5d), 3.5e), 4.1b), 4.2, 4.3, 5.1, 5.3.3.3, 5.4, 5.8, 6.1.5, 6.3, and 8.0 (including sub-policies and associated definitions thereunder)? If not, should the Secondary Plan be refused as a matter of good planning?

4. Is the Secondary Plan contrary to overall provincial directives, and in particular the Planning Act, the PPS 2024, other provincial legislation and regulations, and other planning standards and guidelines respecting:

(a) the direction in section 1.1 of the Planning Act to promote sustainable economic development, to integrate matters of provincial interest in planning decisions, and to encourage co-operation among varied interests;

(b) the direction to plan for, protect, and preserve employment areas for current and future uses, including to protect employment areas located in proximity to major goods movement facilities and corridors;

(c) the direction to provide for employment uses to meet long-term needs, and to provide opportunities to maintain employment uses by taking into account the needs of existing and future businesses;

(d) the direction to minimize and mitigate potential impacts on the long-term economic viability of employment uses;

(e) the mitigation of conditions which create incompatibility between sensitive land uses and employment uses; and/or,

(f) the efficient use of land and infrastructure?

If so, should the Secondary Plan be refused as a matter of good planning?

5. Are the Land Uses identified in OPA 3 appropriate as proposed?

6. Does OPA 3 have proper consideration to the Ministry’s Land Use Compatibility Guidelines?

7. Should any mapping or other modifications be made to any of the Schedules of OPA 3?

Mitigation, Setbacks, and Implementation

8. Does the Secondary Plan appropriately consider, avoid, minimize, or mitigate potential impacts on the long-term economic viability of employment uses associated with the location of sensitive land uses, including odour, noise, vibration, air emissions, accidental release of substances from rail cars, and other contaminants associated with employment uses? If not, should the Secondary Plan be refused as a matter of good planning?

9. What is the appropriate setback distance for sensitive land uses within the Secondary Plan from the lands municipally known as 725 Procor Drive (the “Procor Lands”), considering:

(a) environmental impacts from the Procor Lands, including odour, noise, vibration, air emissions, accidental release of substances from rail cars, and other contaminants;

(b) complete utilization of the Procor Lands’ capacity; and,

(c) current predictable worst-case assumptions?

8. Does the Secondary Plan consider appropriate mitigation measures, and how such mitigation measures will be appropriately and effectively secured and enforced by the municipality on all or part of any lands with sensitive land uses?

ISSUES LIST OF SARNIA & DISTRICT HUMANE SOCIETY

1. Does OPA 3 have sufficient regard or matters of provincial interest pursuant to section 2 of the Planning Act, RSO 1990, c P13 (“Planning Act”) including but not limited to sections: 2(h), (k), (l), (n), and (p)?

2. Is OPA 3 consistent with the Provincial Policy Statement 2020 (“PPS 2020”), including but not limited to policies: 1.1.1(a), (c) and (e); 1.6.8; and 1.7.1?

3. Is OPA 3 consistent with the Provincial Planning Statement 2024 (“PPS 2024”), including but not limited to policies: 2.1.6(a), 3.2, 3.3, and 3.5?

4. Does OPA 3 conform to the County of Lambton’s Official Plan, including but not limited to the following policies 2.1, 2.2, 2.7, 3.2, 3.3, 3.6, 5.3, 5.4, 6.1, and 7?

5. Does OPA 3 conform to the City of Sarnia’s Official Plan including but not limited to: 2.2(b); 5.8.2(b)(xvii) and 6.2?

6. Are the Future Arterial and Future Collector roads identified in OPA 3 appropriate as proposed?

7. Are the Land Uses identified in OPA 3 appropriate as proposed?

8. Does OPA 3 have proper consideration to the Ministry’s Land Use Compatibility Guidelines?

9. Should OPA 3 be designed to ensure that it does not preclude ort hinder the future development of the lands located at 1615 Wellington Street, owned by Sarnia & District Humane Society?

10. Should any mapping or other modifications be made to any of the Schedules of OPA 3?

11. Does OPA 3 represent good planning in the best interest of the public?

ISSUES LIST OF LANGTREE CONTROLS LTD. AND 1974321 ONTARIO LIMITED

1. Does Official Plan Amendment No. 3 (“OPA 3”) have regard to matters of provincial interest pursuant to section 2 of the Planning Act, R.S.O. 1990, c. P.13 (the “Planning Act”) Act, including but not limited to sections: 2 (h), (k), (l), (n), and (p)?

2. Is OPA 3 consistent with the Provincial Policy Statement 2020 (“PPS 2020”), including but not limited to policies: 1.1.1(a), (c) and (e); 1.2.6.1, 1.2.6.2 and 1.7.1 a)?

3. Is OPA 3 consistent with the Provincial Planning Statement 2024 (“PPS 2024”), including but not limited to policies: 2.3.1.2 a), 2.8.1.1 e), 2.8.1.3, 2.8.2.1, 2.8.2.3 a), d) and e), 2.8.3.4 and 2.8.3.5 a) and b).

4. Does OPA 3 conform to the City of Sarnia’s Official Plan including but not limited to: 2.2(b) A Beautiful and Well-Designed City; 3.3 Compatible Development (h), (i), (j), Transitioning/Buffering (k) and (l), 3.5 a) iv), Employment Lands, 5.3.2 Mixed Use Corridor I Designation, 5.4 Employment Areas, a) v) Mitigate Conflicts, d) and (e), Compatibility, 5.8.2 Development Area 2 Goals and Objectives (a) (i), (iii) and (b) (viii) (ix), (xvii) and (xxiii), 6.2 The Road Network and 8.1.3 Amendments to this Plan, a), b) and c) vi)?

5. Are the Land Uses identified in OPA 3, through Section 5.3.2 Mixed Use Corridor I Designation and Section 5.3.2 Mixed Use Corridor I Special Policy Area of the Official Plan, appropriate as proposed for 1569 Wellington Street?

6. Does the Hedgerow designation on Schedule 5B – Natural Heritage of OPA 3 provide sufficient protection to the natural features abutting 1569 Wellington Street in Sarnia?

7. Are the Future Arterial and Future Collector roads identified on Schedule 5C – Roads and Active Transportation in OPA 3 appropriate as proposed?

8. Should OPA 3 be amended to ensure that it does not preclude or hinder the development/re-development for employment uses of the of the lands located at 1569 Wellington Street, owned by 1974321 Ontario Limited and leased by Langtree Controls Ltd.?

9. Should there be any site-specific planning policy(ies) for 1569 Wellington Street in Sarnia, owned by 1974321 Ontario Limited and leased by Langtree Controls Ltd.?

10. Should there be any site-specific planning policy(ies) for lands abutting and adjacent to 1569 Wellington Street, owned by 1974321 Ontario Limited and leased by Langtree Controls Ltd.?

11. Does OPA 3 have sufficient and proper consideration to the Ministry of the Environment Conservation and Park’s Land Use Compatibility Guidelines?

12. Has the City completed satisfactory studies to identify and mitigate potential adverse impacts from existing and potential employment land uses?

13. Should any mapping or other modifications be made to any of the Schedules of OPA 3?

14. Does OPA 3 represent good planning and is it in the public interest?

Attachment 3

Order of Evidence

1. City of Sarnia
2. 1974321 Ontario Limited & Langtree Controls Limited
3. Procor Limited
4. Sarnia District Humane Society
5. County of Lambton

Attachment 4

Keys Dates for the Procedural Order

Day of the week

Days to Event

Agreed Date

Calculated Date Assumption

Witness List Served

Monday

111

April 14, 2025

120 days before hearing

Experts 1^st Meeting Before

Monday

June 2, 2025

99 days before hearing

Witness Agreements

Monday

152

June 23, 2025

78 days before hearing

Experts Reports Served

Friday

170

July 11, 2025

60days before hearing

Witness Statements

Friday

170

July 11, 2025

60days before hearing

Parties Confirm Hearing Dates Required

Tuesday

August 5, 2025

35 days before

Reply Expert/Witness Statements Served

Friday

197

August 8, 2025

32 days before hearing

Visual Evidence & Document Book

Monday

214

August 25, 2025

15 days before hearing

Hearing

Tuesday

228

September 9, 2025