Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 19, 2026
CASE NO.: OLT-25-000403
Appellant: BEC Business Innovation Centre Inc
Subject: By-law No. 2025-052
Description: To bring the Zoning By-law into conformity with the Municipal Official Plan
Reference Number: 2025-052
Property Address: 0000 Bruce Rd 23 Concession Rd 2 N0G 2T0
Municipality: Kincardine
OLT Case No.: OLT-25-000403
OLT Lead Case No.: OLT-25-000403
OLT Case Name: Weber v. Kincardine (Municipality)
BEFORE:
A. MASON, MEMBER
Thursday, the 19th day of February, 2026
THIS MATTER, having come before the Tribunal for a hearing in writing to consider a settlement proffered by the parties with respect to BEC Business & Innovation Centre Inc.’s site specific appeal of the Municipality of Kincardine’s Comprehensive Zoning By-law 2025-052 pursuant to s. 34(19) of the Planning Act, R.S.O 1990, c.P.13, as amended, for the property described as Bruce Concession 3 Part Lots C, D and E; RP 3R3851 Parts 2 and 3, Roll Number 4108-260-001-12201, P.I.N. 33286-0193), in the Municipality of Kincardine (Geographic Township of Bruce);
AND THE TRIBUNAL, having previously ordered that Comprehensive Zoning By-law 2025-052 shall be deemed to have come into force on April 23, 2025, save and except for the lands that are the subject matter of the appeal by BEC Business & Innovation Centre Inc.;
AND THE TRIBUNAL, having been advised that the Municipality of Kincardine and BEC Business & Innovation Centre Inc. have come to a settlement of the matters under appeal as set out in Minutes of Settlement dated January 23, 2026;
AND THE TRIBUNAL, having reviewed and considered the uncontroverted, sworn affidavit evidence of Nicholas Bogaert, a Registered Professional Planner and full member of the Canadian Institute of Planners, affirmed and dated February 12, 2026, whom the Tribunal recognizes as qualified to assist in its deliberations through opinion evidence in the area of land use planning;
AND THE TRIBUNAL, having accepted the uncontroverted affidavit evidence of Nicholas Bogaert attesting to the terms which facilitated the proffered settlement by introducing a new ‘H39’ holding provision prohibiting site alteration and development subject to a Justification Report addressing matters such as noise, dust and traffic or other studies the Municipality may deem appropriate and to its satisfaction, among other housekeeping corrections;
AND THE TRIBUNAL, having accepted the uncontroverted affidavit evidence of Nicholas Bogaert that the proffered settlement modifying Comprehensive Zoning By-law 2025-052 has regard for matters of provincial interest s. 2 of the Planning Act, is consistent with the Provincial Planning Statement, 2024, and conforms to the Bruce County Official Plan the Municipality of Kincardine Official Plan, and does so in a manner that constitutes good planning and is in the public interest achieved by protecting significant natural heritage features, ensuring the conservation of archaeological resources and ensuring development is not occurring within natural hazards while facilitating new employment lands within an area of the Municipality that is identified for such purposes;
NOW THEREFORE:
THE TRIBUNAL ORDERS THAT in accordance with s. 34(26) of the Planning Act, R.S.O 1990, c.P.13, as amended:
The appeal by BEC Business & Innovation Centre Inc. of the Municipality of Kincardine’s Comprehensive Zoning By-law 2025-052 is allowed, in part;
The Municipality of Kincardine’s Comprehensive Zoning By-Law 2025-052 is hereby amended in the form of modifying by-law attached to this Order as Attachment 1 only as it relates to the lands known as Bruce Concession 3 Part Lots C, D and E; RP 3R3851 Parts 2 and 3, Roll Number 4108-260-001-12201, P.I.N. 33286-0193), in the Municipality of Kincardine (Geographic Township of Bruce); and
The Municipal Clerk is authorized to format, as may be necessary, and assign a number to the modifying by-law at Attachment 1 for record keeping purposes.
AND THE TRIBUNAL ORDERS that it may be spoken to in the event that any issues should arise in connection with the implementation of this Order.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
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.