Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
September 10, 2025
CASE NO(S).:
OLT-23-000089
OLT-23-001202
OLT-24-000238
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Blueland Farms Ltd.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the establishment of a gravel pit on the subject property
Reference Number:
POPA 2013 -0002
Property Address:
17736 Heart Lake Road (Part Lot 12, Concessions 2 (EHS))
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-23-000089
OLT Lead Case No.:
OLT-23-000089
OLT Case Name:
Blueland Farms Ltd. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 10(3) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant:
Blueland Farms Ltd.
Subject:
Proposed Amendment to the Niagara Escarpment Plan
Description:
To amend the Niagara Escarpment Plan for permission of mineral aggregate resource extraction on the subject property and add special policy to allow transportation of mineral materials
Reference Number:
Proposed Niagara Plan Amendment No. PP 213 18
Property Address:
17736 Heart Lake Road
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-23-001202
OLT Lead Case No.:
OLT-23-001202
OLT Case Name:
Plan Amendment No. 213 18 (Re)
PROCEEDING COMMENCED UNDER subsection 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant:
Blueland Farms Ltd.
Respondent:
Niagara Escarpment Commission
Subject:
Refusal of a Development Permit Application
Description:
To propose an establishment of a new 25.97 hectare aggregate extraction operation (gravel pit) on a portion of a 40.5 hectare property
Reference Number:
P/E/2017-2018/408
Property Address:
17736 Heart Lake Road
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-23-001189
OLT Lead Case No.:
OLT-23-001202
OLT Case Name:
Blueland Farms Ltd. v. Ontario (Niagara Escarpment Commission)
PROCEEDING COMMENCED UNDER subsection 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant:
Blueland Farms Ltd.
Respondent:
Niagara Escarpment Commission
Subject:
Refusal of a Development Permit Application
Description:
To allow for the transport of up to 750,000 tonnes (annually) of extracted aggregate from 17736 Heart Lake Road to an aggregate operation at 17679 Kennedy Road
Reference Number:
P/E/2023-2024/291
Property Address:
17679 Kennedy Road
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-23-001190
OLT Lead Case No.:
OLT-23-001202
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8
Referred by:
Ministry of Natural Resources and Forestry
Objector:
Nikola Balaban
Objector:
Donna Baylis
Objector:
Victor Bras and Valentina Tovpeko
Objector:
Sandy and Pail Caletti
Objector:
Cheryl Connors; and others
Applicant:
Blueland Farms Ltd.
Subject:
Application for a Class A Licence, Category 1 Pit Below Water for the removal of aggregate
Description:
McCormick Pit
Reference Number:
Licence No. 626266
Property Address:
Part Lot 12, Concession 2 EHS
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-24-000238
OLT Lead Case No.:
OLT-24-000238
OLT Case Name:
Blueland Farms Ltd v. Ontario (Natural Resources and Forestry)
BEFORE:
S. BRAUN
Wednesday, the 10th,
VICE-CHAIR
day of September, 2025
THESE MATTERS having come on for Case Management Conferences and the Tribunal having issued a Procedural Order to govern the proceedings on January 8, 2025;
AND THE TRIBUNAL having received a request, on consent of the Parties, to amend the procedural timelines, issues list and the hearing commencement dates on August 29, 2025;
THE TRIBUNAL ORDERS that the following dates from the Procedural Order issued on January 8, 2025 are revised:
Exchange of witness statements, summoned witness outlines, expert reports and participant statements from June 20, 2025 to September 26, 2025;
Parties to confirm with the Tribunal if all the reserved hearing dates are still required from August 15, 2025 to October 17, 2025;
Exchange of visual evidence from August 22, 2025 to October 17, 2025;
Joint document book be filed with the Tribunal from October 3, 2025 to November 14, 2025;
Hearing plan be filed with the Tribunal from October 10, 2025 to November 14, 2025.
AND THE TRIBUNAL ORDERS the Issues List, as set out in Attachment “A” to this Order hereby replaces the previous issues list appended to the January 9, 2025 Order;
AND THE TRIBUNAL ORDERS the 9-day merit hearing will now commence on November 25, 2025 at 10 a.m. through the following video link:
https://meet.goto.com/558205565
Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889
Access code: 558-205-565
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
REGISTRAR
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 A
ISSUES LIST
Note: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be either subject to a motion prior to the hearing or a matter of evidence and argument at the hearing.
Noise, air quality and human health
- Does Blueland Farms’ proposed McCormick Pit, including its accessory uses and haul routes, (the “Proposal”) avoid, or if avoidance is not possible, minimize and mitigate adverse or negative impacts from odour, noise and other contaminants? In this regard, does the Proposal avoid, or if avoidance is not possible, minimize risk to public health?
NEP: 2.9.3(g)
PPS 2024: 3.5.1, 4.5.2.2
ROP 2022: 2.5.1, 2.5.2; 2.5.3, 2.5.4, 2.5.5, 5.3.3, 7.12.10
ROP 2016: 2.2.3.1, 2.2.3.2, 2.2.3.3.1, 5.1.3.1, 7.10.2.7
TOP-F: 8.3.1, 20.1(a), 20.1(b), 20.1(h), 20.3 (d), 20.5.9(a) – (d), 20.5.13 TOP: 3.1.3.11.1, 5.11.2.4.13, 5.11.2.10.5
Natural heritage
- Has the Proposal demonstrated that it will protect, enhance, and have no negative impacts on key natural heritage features and their ecological functions, including:
a. avoiding natural heritage features and maintaining and enhancing the connectivity between key natural heritage features?
b. demonstrating no negative impact on significant wildlife habitat?
NEP: 2.7.1, 2.7.3, 2.7.6 (a) (d), 2.9.1, 2.9.3(a)(e)
PPS 2024: 4.1.1, 4.1.2, 4.1.5 (d), 4.1.8
ROP 2022: 3.4.10, 3.4.11
ROP 2016: 3.3.2.6
TOP-F: 13.2.1(a), 13.3.3, 13.6.3, 13.6.4, 13.6.5 (a)(d),
20.5.3(b)(d)(g)(h), 20.5.4
TOP: 3.2.5.3.2, 3.2.5.11.1, 5.7, 5.11.2.2.6 (c), 5.11.2.2.6 (g)
Cumulative effects
- Does the Proposal merit approval in light of the cumulative impacts, including at a minimum, air quality, of the Proposal and other extractive operations in the area?
NEP: 2.2.1
ROP 2022: 3.4.11,7.12.10
ROP 2016: 3.3.2.7, 7.10.2.7
TOP-F: 20.5.3(b)(iv)
Implementation (in the event of approval, in whole or in part)
- What conditions, if any, should the Ontario Land Tribunal impose on approvals to avoid or mitigate any negative impacts it finds?
Other
- Does the Proposal comply with all applicable legislative and policy requirements, including those related to rehabilitation, and the constitutional requirement concerning the duty to consult? With respect to the latter, has the Crown confirmed that adequate Indigenous consultation has been completed?
NEP: 1.2.2.3 (b), 1.9.1 (4), 2.9.3 (h), 2.9.11 (a)
PPS: 4.5.1, 4.5.2, 4.5.3.1, 4.5.3.2
ROP 2022: 3.4.1, 3.4.2, 3.4.3, 3.4.12
ROP 2016: 3.3.1, 3.3.2.1, 3.3.2.8
TOP-F: 20.3 (a), 20.3 (b)
TOP: 5.11.1.1, 5.11.1.3, 5.11.1.4, 5.11.2.1.1, 5.11.2.1.2, 5.11.2.2.6 (c), 5.11.2.2.6 (g)