Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 24, 2025

CASE NO.: OLT-24-000980

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: James Hacquoil

Subject: Application to amend the Zoning By-law – Refusal of application

Description: To revise the site-specific zoning restrictions to permit Heavy Industrial zoning on the subject land

Reference Number: ZBLA 07-2024

Property Address: PIN: 62292-0135(LT) PT LT 35 CON 1 NK, BEING PTS 3&4 ON 55R15160; PAIPOONGE, OLIVER PAIPOONGE PIN: 62292-0673 (LT) PT BLK A PL WM54 PAIPOONGE, BEING PT 5 ON 55R15160; MUNICIPALITY OF OLIVER PAIPOONGE

Municipality/UT: Oliver Paipoonge/Thunder Bay

OLT Case No: OLT-24-000980

OLT Lead Case No: OLT-24-000980

OLT Case Name: Hacquoil v Oliver Paipoonge (Municipality)

BEFORE:

STEVEN T. MASTORAS MEMBER

Thursday, the 20th day of March, 2025

THESE MATTERS having come before the Tribunal as a settlement hearing (“Settlement”), with the consent of James Hacquoil (“Applicant”/ “Appellant”) and the Municipality of Oliver Paipoonge (“Municipality”), consisting of an appeal pursuant to subsections 34(11) of the Planning Act (“Act”) seeking a Final Order approving the terms of the Settlement; and,

THE TRIBUNAL having been provided by Affidavit, a written Witness Statement from Kerri Reid, Manager of Planning with the Municipality, and qualified expert in Land-Use Planning, submitted on consent of all the Parties (signed March 18, 2025) and marked as Exhibit 1; and,

THE TRIBUNAL having been provided with details of the Settlement as described in Exhibit 1 (p. 9), which will result in the Site-Specific approval of a Zoning By-law Amendment (“ZBA”) that excepts/excludes additional uses that are otherwise permitted in the Heavy Industrial Zone (Exhibit 1, para. 30) and represents the basis of the Settlement on consent of the Parties; and,

THE TRIBUNAL having been provided the detailed Witness Statement, and oral testimony from the Witness, which also responds to the written Participant concerns of Jiska Westbroek, filed with the Tribunal on March 12, 2025, in response to traffic, safety, and environmental concerns;

THE TRIBUNAL finds that, having considered the uncontroverted opinion evidence of Kerri Reid (Exhibit 1), through both written materials and oral testimony, and having accepted those opinions, the Tribunal is satisfied that the Settlement as presented: has regard to those applicable matters of provincial interest found in Section 2 of the Planning Act; is consistent with the Provincial Planning Statement 2024; conforms to the Municipality’s Official Plan and the Northern Ontario Growth Plan; and represents good planning in the public interest; and,

THE TRIBUNAL ORDERS that the appeal filed by James Hacquoil pursuant to subsection 34(11) of the Planning Act is allowed, and hereby approves the Zoning By-law Amendment, with the property’s updated legal description set out in Attachment 1 and the Zoning By-law Amendment set out in Attachment 2 to this Final Order;

AND THE TRIBUNAL ORDERS that the Municipal Clerk is authorized to format, as may be necessary, and assign a number to the Zoning By-law Amendment for record keeping purposes;

AND THE TRIBUNAL ORDERS that in all other respects, the balance of this appeal is dismissed; and that in the event there are issues arising from the implementation of the above Final Orders, the Parties may seek the further assistance of the Tribunal.

“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.