Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 14, 2025
CASE NO(S).: OLT-23-000588
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: CBM Aggregates, a division of St. Marys Cement (Canada) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit an expansion of an existing sand and gravel pit
Reference Number: ZC-06/21
Property Address: 1107 Cedar Creek Road
Municipality/UT: North Dumfries/Waterloo
OLT Case No.: OLT-23-000588
OLT Lead Case No.: OLT-23-000588
OLT Case Name: CBM Aggregates, a division of St. Marys Cement (Canada) Inc. v. North Dumfries (Township)
Heard: August 13, 2025, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| CBM Aggregates, a division of St Marys Cement (Canada) Inc. ("Applicant") | Kim Mullin Sean Ovas |
| Township of North Dumfries ("Township") | Michael van Bodegom |
| City of Cambridge ("City") | Peter Pickfield |
DECISION DELIVERED BY JEAN-PIERRE BLAIS AND ORDER OF THE TRIBUNAL
Link to Order
Decision
1The Applicant seeks to extend an existing sand and gravel pit on a site municipally known as 1107 Cedar Creek Road and legally described as Parts Lots 14 and 15, Concession 10, in the Township (“Subject Property”). To this end, it applied for a Zoning By-law Amendment (“ZBA”) to permit the proposed mineral aggregate use. The Appeal is brought pursuant to section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”), due to the Township’s failure to make a decision within the statutory timeline.
2The Applicant has also made a related application under the Aggregate Resources Act, R.S.O. 1990, c. A.8 (“ARA”), for a Class A, Pit Above Water Licence (“ARA Application”). The proposed ARA licence is for an area of 29 hectares, with extraction proposed on a portion of the licensed area, being approximately 20.8 hectares. The balance of the licensed area includes setbacks that are not proposed to be used for extraction purposes.
3The ARA Application is not before the Tribunal because the Ministerial referral to the Tribunal of the ARA Application and the related objections is pending. The only matter before the Tribunal is the ZBA.
4The Subject Property is a 74-hectare parcel of land. The eastern limit of the Subject Property abuts the City. The westerly portion of 45 hectares, referred to as the ‘Dance Pit’, is zoned and licenced for aggregate extraction under ARA licence No. 17348. The easterly 29 hectares of the Subject Property is in agricultural use and is referred to as the ‘Danse Pit Extension’.
5Disposition of the matter comes before the Tribunal as a settlement on consent of all Parties. The Settlement reached involves the Applicant agreeing to revisions to the ARA Application, as well as a revised ZBA (“Revised ZBA”). The Revised ZBA would rezone the Subject Property from Rural (Z1) to Gravel Pit (Z14) to permit the proposed pit extension and apply a special exception category to the Gravel Pit (Z14) zoning to limit the ‘Danse Pit Extension’ to a “load and haul operation”.
6The Tribunal considered the oral evidence of Melanie Horton, President of Esher Planning Inc., as well as her Affidavit sworn on July 31, 2025, which was marked as Exhibit 1. The Tribunal qualified her to provide opinion evidence in land use planning, including in aggregate resource management and planning.
7In her oral evidence, Ms. Horton supplemented her Affidavit evidence and provided her professional opinion with respect to matters of provincial interest in section 2 of the Act, as well as the concerns raised by the four Participants. She opined that the Revised ZBA has regard to matters of provincial interest, and the matters raised by the Participants have either been addressed by the proposal or were not relevant under the relevant statutory and policy framework.
8The Tribunal accepts the uncontested opinion evidence of Ms. Horton as presented orally, and in her Affidavit, and similarly finds that the proposed Revised ZBA has regard to those applicable matters of provincial interest found in section 2 of the Act, is consistent with the Provincial Planning Statement (2024), conforms with the Region’s Official Plan, conforms with the Township’s Official Plan, represents good planning, and is in the public interest.
ORDER
9THE TRIBUNAL ORDERS THAT the appeal is allowed in part and By-law No. 689-83, as amended, of the Township of North Dumfries is further amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of Township of North Dumfries to assign a number to this by-law for record keeping purposes.
"Jean-Pierre Blais"
JEAN-PIERRE BLAIS 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
THE CORPORATION OF THE TOWNSHIP OF NORTH DUMFRIES
BY-LAW NUMBER XXXX-25
Being a Bylaw to further amend General Zoning By-law 689-83, as amended, for the Township of North Dumfries affecting certain lands located in Part of Lots 14 to 16, Concession 10
WHEREAS an application (File No. ZC-06-21) was received from St. Mary’s Cement Inc. with respect to the lands located at 1107-1157 Cedar Creek Road [PT LT 14-16 CON 10 NORTH DUMFRIES PT 1, 67R2082 EXCEPT PT 1, 58R8799; NORTH DUMFRIES], generally described as being situated south of Cedar Creek Road and west of the municipal boundary with the City of Cambridge, to amend General Zoning By-law No. 689-83.
AND WHEREAS application (File No. ZC-06/21) was received to amend General Zoning By-law 689-83 to permit the expansion of the CBM Dance Pit Operation from 1157 Cedar Creek Road to 1107 Cedar Creek Road through the rezoning of the lands to the Z.14 (Mineral Aggregate) Zone classification;
AND WHEREAS the Planning Act empowers a Municipality to pass by-laws prohibiting the use of land and the erection, location and use of buildings or structures, except as set out in the by-law;
AND WHEREAS a Public Meeting on File No. ZC-06/21 was convened under the authority of Section 34 of the Planning Act on June 28th, 2022;
AND WHEREAS the Applicant appealed to the Ontario Land Tribunal (“OLT”) Council’s failure to make a decision on the Application under the authority of Section 34(11) of the Planning Act;
AND WHEREAS the OLT by its Decision and Order issued in OLT Case Number OLT-23-000588, pursuant to Section 34 of the Planning Act, the OLT has approved amendments to General Zoning By-law 689-83, as amended, with respect to the lands described above;
NOW THEREFORE PURSUANT TO THE ORDER OF THE ONTARIO LAND TRIBUNAL GENERAL ZONING BY-LAW NO. 689-83, AS AMENDED, IS HEREBY AMENDED AS FOLLOWS:
THAT the zoning on these lands, described as Part of Lots 14, 15, & 16, Concession 10, as shown on Schedules ‘A’ and ‘B’ to this Bylaw, is hereby changed from Z.1 (Agricultural) Exemption 1.20.76 to the Z.14 (Mineral Aggregates) Exemption 20.1. XXX Zone, subject to certain restrictions.
AND THAT Section 20.1 of the General Zoning By-law Number 689-83 is hereby further amended by adding 20.1.XXX in its entirety as follows:
20.1.XXX 1107-1157 Cedar Creek Road
Notwithstanding any other provisions of this Bylaw to the contrary, the following additional provisions or restrictions apply as follows:
a) The lands illustrated as Part 1 on the map forming Schedules ‘A’ and ‘B’ – Section 20.1.XXX of this By-law shall be amended from the present Z.1 (Agricultural) Exemption 1.20.76 Zone to the Z.14 (Mineral Aggregates) Zone and subject to the following site-specific regulations and provisions:
I. Permitted Uses:
i) Farming;
ii) Conservation;
iii) Aggregate Extraction in the form of a Load & Haul Operation
Definition:
Load & Haul Operation
For the purposes of this By-law, a Load & Haul Operation shall be narrowly defined as the extraction of aggregate materials from the subject lands and exported to the adjacent parcel regulated under Aggregate Resources Act (ARA) License No. 17348 for processing and/or the shipping of product to the marketplace. As such, no stockpiling of materials, crushing, screening, washing, mixing, or blending of aggregate materials are permitted on-site.
II. Prohibited activities:
i) Asphalt or concrete facilities or equipment;
ii) Portable processing equipment;
iii) Stockpiling of materials;
iv) Crushing, screening, washing mixing or blending of aggregate materials;
v) The importation of materials for recycling with aggregate materials;
vi) Buildings or structures
III. Minimum Setbacks for Limits of Extraction:
i) 30 metre setback shall be maintained between the limit of extraction and the Cedar Creek Road road allowance;
ii) 60 metre setback shall be maintained between the limit of extraction and the eastern property line abutting residentially zoned lands situated within the City of Cambridge municipal boundary.
iii) All setbacks as set out in provisions i) and ii) referenced in the preceding paragraph shall be maintained as a vegetated buffer area or otherwise treated for visual, noise, and dust mitigation in accordance with the approved ARA Operations Plan.
AND THAT except as amended by this By-law, the subject lands shown on Schedules ‘A’ and ‘B’ Section 20.1.XXX to this By-law shall be subject to all other applicable provisions and regulations of General Zoning By-law 689-83, as amended.
AND THAT General Zoning By-law 689-83, as amended, is hereby further amended by adding Schedule ‘A’ Section 20.1.XXX attached to and forming part of this By-law.
AND THAT Parts 63 & 64 of Schedule ‘B’ to General Zoning By-law No. 689-83, as amended, as it existed prior to this By-law is hereby repealed and General Zoning By-law No. 689-83, as amended, is hereby further amended to include that portion of Parts 63 & 64 of Schedule ‘B’ to this By-law in its place.
AND THAT Section 20.1.76 of General Zoning By-law 689-83, as it applies to the lands identified as Part 1 on Schedules ‘A’ and ‘B’ to this By-law, be deleted in its entirety and shall no longer apply to the subject lands.
AND FURTHER THAT this By-law shall become effective from the date of the OLT Order.