Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 08, 2025
CASE NO(S).: OLT-24-000773
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Minister of Municipal Affairs and Housing
Subject: Proposed Official Plan Amendment
Description: To permit Major Open Space designation outside of urban settlement areas and redesignate select sites that are municipally owned
Reference Number: By-Law 5451 - Official Plan Amendment No. 23 (OPA 23)
Property Address: All lands within the corporate boundaries of the United Counties of Stormont, Dundas and Glengarry
Municipality/UT: Stormont, Dundas and Glengarry
OLT Case No: OLT-24-000773
OLT Lead Case No: OLT-24-000773
OLT Case Name: Ontario (Municipal Affairs and Housing) v. Stormont, Dundas and Glengarry (United Counties)
Heard: March 25, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Minister of Municipal Affairs and Housing
Ugljesa Popadic Kyle Israel Asvini Kulanayagam (Articling Student)
United Counties of Stormont, Dundas and Glengarry
Laura Dean
DECISION DELIVERED BY JENNIFER GOLD AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal converted a first Case Management Conference (“CMC”) in this matter to a Settlement Hearing as a result of a resolution reached between the Parties. The Appeal was brought by the Minister of Municipal Affairs and Housing (“Minister”) under subsection 17(24) of the Planning Act, R.S.O. 1990, c P. 13, as amended, (“Act”) regarding the adoption of Official Plan Amendment 23 (“OPA 23”) by the United Counties of Stormont, Dundas and Glengarry (“County”).
2The Tribunal received an Affidavit of Service sworn January 23, 2025 which was marked as Exhibit “A”. The Tribunal did not receive any requests for Party or Participant status.
3The purpose of OPA 23 for the County is to permit the Major Open Space land use designation in Rural Areas and redesignate select sites that are municipally owned. The proposed amendment was developed by County Staff after a review of the Major Open space land use designation in the Official Plan (“County OP”). OPA 23 was reviewed by local planning staff and Conservation Authorities planning staff who identified properties to be redesignated to Major Open Space. In addition to the textual changes of the County OP, selected sites will be redesignated and reflected on the Land Use Schedule.
4On June 17, 2024, the County approved OPA 23. It’s Notice of Decision was issued on June 24, 2024. On July 12, 2024, the Tribunal received the Minister’s Appeal of the County’s approval of OPA 23.
MINISTER’S APPEAL
5The basis of the Minister’s Appeal was that portions of OPA 23 were not consistent with the following Provincial Policy Statement, 2020 (“PPS 2020”) policies:
a. Policy 2.3.1, which requires the protection of prime agricultural areas,
b. Policy 2.3.3.1, which limits permitted uses in prime agricultural areas to those uses listed in that policy; and
c. Policy 2.3.5.1, which limits the circumstances in which lands can be removed from prime agricultural areas.
6The scope of the Minister’s appeal is limited to modifications 2, and 6 to 10 of OPA 23, and more particularly those policies and schedules of OPA 23 which redesignated lands from “Agricultural Resource Lands” to “Major Open Space”.
7The lands under appeal represent approximately 1,350 hectares (“ha”) of prime agricultural land within the County.
8The inclusion of the “Major Open Space” designation onto lands previously designated as “Agricultural Resource Lands” allowed new uses within prime agricultural areas. These new uses include:
a) golf courses,
b) fairgrounds,
c) large public parks,
d) marinas,
e) cultural facilities,
f) community facilities, and
g) recreational facilities.
9The County OP further provides that lands within the “Major Open Space” designation may be used as a reserve for phasing development within urban areas.
10Under provincial policy, only agricultural uses and agricultural-related uses are permitted in prime agricultural areas, with minor exceptions.
11None of the minor exceptions to the rule against non-agricultural uses in prime agricultural areas are met by OPA 23. In addition, none of the studies required by provincial policy to permit non-agricultural uses in prime agricultural areas have been completed as part of OPA 23.
12Since the Minister’s Appeal was filed, a new province-wide land use planning framework has come into effect, replacing the PPS 2020, known as the Provincial Planning Statement, 2024 (“PPS 2024”).
13On matters relevant to the Minister’s appeal, the policy direction between the PPS 2020 and PPS 2024 remains the same, although the above-noted PPS 2020 policies have been renumbered in the new PPS 2024.
14The County and the Minister have reached a settlement of the Minister’s Appeal of OPA 23 that, if approved by the Tribunal, resolves all outstanding issues in the appeal of OPA 23.
15The proposed resolution entails the deletion of Modification 2 of OPA 23, and the amendment to Land Use Schedules A1 to A5 of the County OP (as contained within Modification 6 through 10 of OPA 23).
16The effect of the proposed modifications to OPA 23 is to remove the “Major Open Space” designation – and associated permitted uses – from the 1,350 ha of prime agricultural areas and revert the lands to the previous designation of “Agricultural Resource Lands”.
EVIDENCE, SUBMISSIONS AND FINDINGS
17In support of the settlement, the Tribunal heard land-use planning evidence. The Tribunal qualified Damien Schaefer to provide opinion evidence as an expert in land use planning. Mr. Schaefer reviewed the proposed amendments to OPA 23 and addressed how the proposed changes will result in the OPA’s consistency with the PPS 2024 and conformity with the County OP.
18Mr. Schaefer stated that the proposed amendments to OPA 23 to resolve the Appeal are generally that:
a. The original Agricultural Resource Lands designation on lands subject to the appeal would be reinstated through amendments to Schedules A1 through A5; and
b. Delete specific wording within policy 3.5.2.8 of the County OP that was added through modification 2 of OPA 23, which no longer applies due to the lands reverting back to their original Agricultural Resources Lands designation.
Lands to Revert to Agricultural Designation
19Mr. Schaefer advised the Tribunal that land-use designation is a planning policy tool used to establish a principle of development for a particular class of land. Land-use designation is an appropriate tool to identify development permissions and prohibitions, including those related to use of land and its subdivision.
20Mr. Schaefer stated that Policy 4.3.1.2 of the PPS, 2024 requires planning authorities to “designate” prime agricultural areas and clearly indicate that the area shall be protected for long-term use for agriculture. The term “designate” in policy 4.3.1.2 differs from other resource identification policies of the PPS, 2024 such as policy 4.5.1.1, which states that mineral aggregate resources shall be “identified”.
21Regarding the intersection of provincial interests and land-use designations Mr. Schaefer identified that PPS, 2024 policy 6.1.5 states, “Official plans shall identify provincial interests and set out appropriate land use designations and policies…”
22Mr. Schaefer stated that Policies 4.3.1.2 and 6.1.5 of the PPS, 2024, reflect the province’s position that land-use designation within an OP is an appropriate tool to ensure prime agricultural areas are protected for the long-term.
23The County OP designates prime agricultural areas through the land-use designation “Agricultural Resource Lands”.
24OPA 23 had the effect of amending Land-Use Schedule A (A1-A5) to re-designate approximately 1,350 ha of “Agricultural Resource Lands” to “Major Open Space” in the County OP.
25According to Mr. Schaefer, additional policy wording included in OPA 23 also had the effect of establishing a dual-designation framework where both the “Major Open Space” policies and the “Agricultural Resource Lands” would apply where these designations overlap. However, this dual-designation approach created unintended policy ambiguity and implementation challenges related to operationalizing both the “Major Open Space” and “Agricultural Resource Lands” polices of the County OP on the Subject Lands.
26The County and Minister have agreed that the lands under appeal should revert back to their original “Agricultural Resource Lands” designation in the County OP.
27Mr. Schaefer stated that by reverting the lands under appeal back to their original “Agricultural Resource Lands” designation, it effectively removes any unintended policy ambiguity established under a dual-designation framework and ensures the appropriate application of both the prime agricultural policies of the PPS, 2024 and the agricultural policies of the County OP.
28Mr. Schaefer presented maps identifying the lands under appeal on Schedule A (1-5) of the County OP, and maps showing the lands under appeal reverting back to their original “Agricultural Resource Lands” designation on Schedule A (1-5) of the County OP. The Parties are requesting the Ontario Land Tribunal to approve the proposed mapping changes.
29It is Mr. Schaefer’s opinion that returning these lands to the “Agricultural Resources Lands” designation is consistent with the PPS, 2024 and conforms with the County OP.
Proposed Policy Wording Amendments
30Mr. Schaefer stated that OPA 23 included the following additional policy wording in modification 2 to be added to County OP Section 3.5.2.8 Open Space, the Natural Environment, and Natural heritage features;
Any lands designated as Major Open Space within Rural Areas that contain an underlying Agricultural Resource Lands designation shall also conform to the policies of Section 5.3 of this Official Plan. Permitted uses, development and site alterations on these lands shall be consistent with the Agricultural Policies of the PPS and changes to existing uses must be consistent with Section 2.3.5 and 2.3.6 of the PPS.
31According to Mr. Schaefer, under the proposed settlement, all lands previously designated solely as “Agricultural Resource Lands” would revert to this designation, therefore this additional policy wording would no longer be required.
32It is Mr. Schaefer’s professional opinion that the deletion of this policy from OPA 23 is consistent with the PPS, 2024, conforms with the in-effect County OP, and ultimately represents good planning.
33Having considered the uncontradicted opinion evidence of Mr. Schaefer and the settlement reached between the Parties, the Tribunal finds that the proposed amendments to OPA 23 have appropriate regard for matters of provincial interest under s. 2 of the Act, are consistent with the PPS, conform with the County OP and represent good planning.
34The Tribunal orders that the Appeal is allowed in part, and OPA 23 is approved as amended below.
ORDER
35THE TRIBUNAL ORDERS THAT the Minister’s Appeal is allowed in part and Official Plan Amendment 23 is approved as follows (Attachment 1):
Official Plan Amendment 23, contained in Attachment 1 to this Order, is modified by removing the textual amendment 2, under the heading “Details of the Amendment”, and replacing the Land Use Schedules referred to in amendments 6 to 10 under the heading “Details of the Amendment” in accordance with the changes shown in Exhibit J to the Affidavit of Damien Schaefer (Exhibit 2, Tab 2), contained in Attachment 2 to this Order; and
The County shall update Land Use Schedules A1-A5 of OPA 23 referred to in amendments 6 to 10 under the heading “Details of the Amendment” contained in Attachment 1 to this Order, in accordance with Exhibit 2, Tab 2, Exhibit “J” Schedule A1-A5 to the affidavit of Damien Schaefer, sworn on March 6, 2025, contained in Attachment 2 to this Order.
36THE TRIBUNAL authorizes the County Clerk to make such numerical and/or editorial changes to the Instrument included herein as Attachment 1 as is necessary to give effect to this Order.
37THE TRIBUNAL directs that if there are any issues arising in the implementation of this Order that the Tribunal may be spoken to at the request of either Party.
“Jennifer Gold”
JENNIFER GOLD
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.
ATTACHMENT 1
ATTACHMENT 2