Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 08, 2025
CASE NO(S).:
OLT-24-000369
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
2607503 Ontario Inc.
Appellant:
First Gulf Halton Steeles Limited and Sun Life Assurance Company of Canada
Subject:
Proposed Official Plan Amendment
Description:
To facilitate development of land for employment purposes
Reference Number:
OPA 50
Property Address:
Lands within the Premier Gateway Employment Area Phase 2B Secondary Plan
Municipality/UT:
Halton Hills/Halton
OLT Case No.:
OLT-24-000369
OLT Lead Case No.:
OLT-24-000369
OLT Case Name:
First Gulf et al. v Halton (Region)
Heard:
May 7, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
2607503 Ontario Inc.
R. Cheeseman
First Gulf Halton Steeles Limited and Sun Life Assurance Company of Canada
M. Bassani
Regional Municipality of Halton
K. Yerxa
Town of Halton Hills
S. Floras
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON MAY 7, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
BACKGROUND
1This was a hearing to consider a proposal to settle appeals by 2607503 Ontario Inc. (“Sigma Group”) and First Gulf Halton Steeles Limited and Sun Life Assurance Company of Canada (“First Gulf”), (collectively, “Appellants”), arising from the decision of the Regional Municipality of Halton (“Region”) to approve Official Plan Amendment 50 (“OPA 50”).
2OPA 50 is a Secondary Plan to establish a comprehensive planning framework for Phase 2B of the urban employment area identified in the Town of Halton Hills (“Town”) Official Plan (“Town OP”) as the Premier Gateway Employment Area. The Secondary Plan Area is approximately 254 hectares in size, bounded by Steeles Avenue to the south, Winston Churchill Boulevard to the east, Eighth Line to the west and a line parallel to, and approximately 0.6 kilometres north of, Steeles Avenue to the north. The Secondary Plan Area represents a significant component of the Town’s 2031 future employment growth and is intended to help ensure the long-term financial stability of the Town.
3OPA 50 was adopted by Town Council on October 10, 2023 through Zoning By-law No. 2023-0089 and was approved, with modifications, by the Region on March 5, 2024. The appeals were submitted on March 22, 2024, and thereafter, changes to the Planning Act (“Act”) removed planning responsibilities from the Region. The Region remained a Party to these proceedings and participated in discussions aimed at resolving the appeals, which ultimately led to the settlement proposal presently before the Tribunal.
THE HEARING
4Bronwyn Parker, a Registered Professional Planner and Director of Planning Policy for the Town, was qualified by the Tribunal to provide land use planning opinion evidence. She provided a sworn Affidavit and oral evidence in support of the proposed settlement.
5For context, Ms. Parker noted that the Secondary Plan Area is bisected by the Highway 413 Focused Analysis Area and Northwest GTA Transmission Corridor (“Highway Corridor”), and as such, the policies of OPA 50 specify that any development in the area requires approval of the Ministry of Transportation to avoid interference with the Highway Corridor.
6The Tribunal heard that the appeals of OPA 50 by Sigma Group and First Gulf centered primarily around a future east-west collector road to be located approximately 300 metres north of Steeles Avenue, extending west from Winston Churchill Boulevard, across the Highway Corridor and through the north section of the First Gulf lands, before turning southerly through the Sigma Group lands and ending at Steeles Avenue east of East Sixteen Mile Creek. In the view of Sigma Group and First Gulf, the location of that collector road would divide their lands, thereby precluding intended development of those lands with proposed warehouse uses.
7However, Ms. Parker explained that, following the adoption of OPA 50, the urban boundaries in the Region and Town Official Plans were expanded to include additional employment areas through Regional Official Plan Amendment 49 (“ROPA 49”) as part of Bill 162, Get it Done Act (“Bill 162”). This provided a reason for the Town to revisit the location of the east-west collector road, independent of the issues raised in the two appeals.
8Following the passage of Bill 162, the Town recommended study of an alternative alignment of the collector road, and to that end, the Town, Region, and Appellants formed a working group to arrive at terms of reference for traffic and servicing studies. As part of those studies, concept plans provided by the Appellants showing the proposed warehouse development were considered.
9The traffic study considered an alternative alignment of the east-west collector road, curving to the north in the vicinity of the future Highway 413, continuing west to Eighth Line and Trafalgar Road via another collector road, to be established in the additional ROPA 49 employment area lands. While a specific alignment for that collector road was not identified between Eighth Line and Ninth Line, an approximate envelope was established which is capable of accommodating a range of potential alignments. Overall, the study concluded that the foregoing would result in acceptable traffic operations, provided that traffic signals are installed or turn lanes constructed when intersections are developed. A servicing study similarly concluded the feasibility and availability of alternative water and wastewater servicing from Steeles Avenue, without the proposed east-west collector road.
10The study conclusions were presented to Town Council in a confidential solicitor’s report on March 24, 2025, with Town staff indicating that the submitted studies were acceptable, subject to minor edits with final studies to be submitted to the Town and Region for acceptance. Town Council endorsed the report and issued a direction to support the implementation of the study’s conclusions and settlement of the appeals of OPA 50. Regional staff received the same direction.
11Final versions of the traffic and servicing studies were circulated on April 24, 2025, which, inter alia, addressed Region and Town staff concerns with access points for development on the Appellants’ lands as shown on the concept plans. Region and Town staff required the inclusion of a caveat making clear that the concept plans are not approved in the settlement of these appeals, that only one full access onto Ninth Line may be considered by the Region, and any access onto Regional Roads within OPA 50 will be required to comply with a policy in OPA 50 (H.8.9.2.7) which addresses future access to the Regional Road Network.
12Ms. Parker testified that all of the modifications proposed to OPA 50 (as reflected in Attachment 1 hereto) address the issues raised in the two appeals and incorporate all aspects of OPA 50, as approved. She opined that the most important modification is the addition of a new policy (H8.9.2.2), which discusses the technical analysis undertaken in relation to the realignment of the collector road and the conclusions of same as outlined at paragraphs [7] and [8] above, and specifies that the collector road envelope will be subject to further study as part of a future Secondary Plan exercise for the additional ROPA 49 employment area lands.
13Overall, she opined that the proposed modifications to OPA 50 meet all necessary legislative tests, noting in particular, consistency with all employment policies found in s. 2.8 of Provincial Planning Statement, 2024. She further noted that the proposed settlement assists in the integration and coordination of planning for transportation and servicing and furthers the purpose and intent of the Town OP.
14On the uncontested planning evidence presented, the Tribunal finds the proposed modifications to OPA 50 are representative of good planning in the public interest and meet all necessary legislative tests. In making its findings the Tribunal has given regard to the original decision of the Region, as well as the subsequent decisions of the Town and the Region to endorse the proposed settlement.
ORDER
15The Tribunal orders that the appeals by First Gulf Halton Steeles Limited and Sun Life Assurance Company of Canada and 2607503 Ontario Inc. are allowed in part and Official Plan Amendment 50 is hereby modified and approved in accordance with Attachment 1 to this Order, and that Official Plan Amendment 50, as modified, is hereby in full force and effect.
“S. Braun”
S. Braun
VICE-CHAIR
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