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9 PL ONTARIO MUNICIPAL BOARD Commission des affaires municipals de l Ontario IN THE MATTER OF Subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Appellants: See Attachment 1 Subject: Proposed Official Plan Amendment No. 38 Municipality Regional Municipality of Halton O.M.B. Case No.: PL O.M.B. File No.: PL B E F O R E: J. ZUIDEMA ) VICE-CHAIR ) ) [date], 2015 THIS MATTER having come on for a public hearing on September 28, 2015; AND THE BOARD having granted the Regional Municipality of Halton s ( Halton Region ) motion for partial approval of Regional Official Plan Amendment No. 38 ( ROPA 38 ) in principle on September 28, 2015; AND THE BOARD having heard the submissions of counsel for Halton Region relating to the proposed partial approval of ROPA 38 as modified and as further described herein; AND THE BOARD having heard the submissions of counsel for certain other parties related to the proposed partial approval of ROPA 38; AND THE BOARD having received the affidavit evidence of Ho-Kwan Wong, MCIP, RPP (sworn September 18, 2015) pertaining to the proposed partial approval of ROPA 38 filed on behalf of Halton Region; AND THE BOARD having been advised that while revisions to the Halton Region Official Plan [2006] (the 2006 Plan ) were brought forward through three amendments, ROPAs 37, 38 and 39, rather than adopting a new Plan, the Ministry of Municipal Affairs and Housing ( MMAH ) modified parts of the 2006 Plan to deal with matters that were not specifically addressed in the Council adoption of ROPA 38 and issued its decision for ROPA 38 which

10 - 2 - has now been appealed to this Board. Further, in advancing and responding to the issues put before the Board, parties have identified amendments to certain other sections of the Plan as necessary or ancillary to resolving those issues brought before the Board. Some of these sections of the 2006 Plan are not amended by ROPA 38, although they might be engaged through cross reference to the comprehensive new mapping introduced by ROPA 38. The Board is being asked to acknowledge for the purpose of context that these other sections of the Plan are in force subject to the terms of this Order and the parts of the Plan that remain under appeal; AND THE BOARD having been advised that the parties consent to an Order partially approving ROPA 38 on the basis set out herein; AND THE BOARD previously having issued Orders for Partial Approval on February 4, 2014, October 2, 2014 and March 17, 2015 ( Prior Partial Approval Orders ); THE BOARD ORDERS that: 1. This Order implements the approval in principle that the Board granted on September 28, 2015 by providing Schedules and other details associated with this Decision. 2. In accordance with section 17(50) of the Planning Act, R.S.O. 1990, c. P.13, as amended, and on consent of the parties, modification to those sections and parts of the 2006 Plan as shown in the Halton Region Official Plan [2009] September 28, 2015 Interim Office Consolidation (the Consolidated Plan ) and identified in Schedule 2 to this Order are confirmed to be approved and come into force as of the dates indicated on Schedule 2 and are to be read and applied with the sections and parts set out in paragraph 3. Further, modifications to those sections and parts of the 2006 Plan as approved by the Prior Partial Approval Orders and identified in Schedule 2A to this Order are confirmed to be approved and come into force as of the dates indicated on Schedule 2A and are to be read and applied with the sections and parts set out in paragraph 3. In the event of conflict between the Consolidated Plan and the 2006 Plan as modified by Schedules 2 and 2A in this Order, the latter prevails. 3. The sections and parts of the 2006 Plan unaffected by ROPA 38 or on appeal to the Board as identified in Schedule 1 to this Order are hereby acknowledged for the

11 - 3 - purpose of context to be in full force and effect as approved policies of the 2006 Plan to be used on a Region-wide basis with the remaining sections, figures, tables and maps of that Plan until such time when further decisions are rendered by the Board in respect of ROPA Further, on consent of the parties, those sections and parts of the 2006 Plan modified by ROPA 38 (as approved by the MMAH) or modified on appeal to the Board, as identified in Schedule 3 to this Order will remain under appeal. 5. The land use designations and policies for certain lands on certain maps remain under appeal on a site specific or area specific basis as set out in Schedules 4A and 4B of this Order. Where such land use designations and policies remain under appeal, the inforce land use designations and policies for those specific sites or areas shall be those land use designations in the approved 2006 Plan. 6. For the purpose of clarity and ease of reference, the map set out in Schedule 4B is attached. Where policies and/or maps regarding ROPA 38 are referenced in Schedule 4A as remaining under appeal on a site or area specific basis, the areas for which the operative provisions of the said maps and/or policies are under appeal is graphically shown on Schedule 4B. Halton Region will not call evidence, or make submissions to the Board, that the partial resolution of any appeal of ROPA 38 upon the consent of the affected parties is, or should be found by the Board to be, an admission or acceptance in itself by the parties of the planning merits of the maps, policies, figures, definitions, tables and associated text approved by the Board pursuant to this Order. 7. The above noted appeals in paragraph 5 are hereby maintained with respect to those portions of the Consolidated Plan that are set out in Schedule 3 and Schedules 4A and 4B to this Order, on either a Region-wide basis or a site or area specific basis as set out in those respective Schedules. 8. The modifications to those sections or parts of the Plan set out in Schedule 5 to implement the administrative amendments are approved and are hereby acknowledged to be in full force and effect. While the effective date for the administrative amendments is the date of this Order, the effective date for the approval for that section or part of the

12 - 4 - Plan remains unchanged in the Consolidated Plan, as it is acknowledged that the intent of the administrative amendment is to improve clarity, consistency and readability of the Plan without affecting the directions or policies of the Plan, nor addressing any substantive issue on appeal. 9. The following appeals have been partially resolved through the partial approval of ROPA 38 in this Order: a) Paletta International Corporation and P&L Livestock Limited; and b) The Town of Halton Hills. 10. The following appeals have been fully resolved through the partial approval of ROPA 38 in this Order: a) Halton Region Federation of Agriculture; b) Milton Business Park II Landowners Group; c) Melrose Properties Inc. and Ironrose Investments Limited; d) Munn s United Church; e) Orlando Corporation; f) Ontario Inc.; g) Ontario Stone, Sand & Gravel Association; h) Holcim (Canada) Inc.; and i) Nelson Aggregate Co. 11. The partial approval of ROPA 38 in this Order shall be strictly without prejudice to, and shall not have the effect of limiting: a) the rights of a party to seek to modify, delete or add to the unapproved maps, policies, figures, definitions, tables and associated text in the Consolidated Plan, on a Region-wide, area specific or site specific basis, as the case may be; or

13 - 5 - b) the jurisdiction of the Board to consider and approve modifications, deletions or additions to the unapproved maps, policies, figures, definitions, tables and associated text in the Consolidated Plan on a Region-wide, area specific or site specific basis, as the case may be. 12. To the extent possible, and recognizing that certain issues for the hearing are not tied to specific policy wording, the parties shall limit their remaining issues to only those portions of the Consolidated Plan set out in Schedules 3 and 4 to this Order on a Region-wide, area specific or site specific basis as set out in those respective Schedules. 13. Notwithstanding paragraphs 11 and 12, the Board retains jurisdiction to consider and approve modifications to approved maps, policies, figures, definitions, tables and associated text, as they may relate to the issues then before the Board to dispose of the outstanding appeals before the Board. 14. This Order is without prejudice to the remaining appeals filed in respect of ROPA 38, which appeals shall be determined through the hearing process or as otherwise consented to by the parties and approved by the Board. 15. Where parties have agreed to scope their site specific appeal to the policies listed in Schedule 4A, the Board expressly reserves jurisdiction to provide for site specific exemptions or alternative policies as may be determined to be appropriate by the Board notwithstanding this Order. 16. This Order is without prejudice to any position a party before the Board may take in the future as to whether or not further amendments to sections not adopted by Council in ROPA 38 and not included in the approval by the MMAH including the MMAH s modifications are necessary and ancillary to issues before the Board. 17. The Schedules which are attached to this Order shall form part of this Order. 18. The Board may be spoken to should any matters arise respecting the implementation of this Order.

14 - 6 - SECRETARY

15 - 7 - ATTACHMENT 1 ROPA 38 OMB Case No. PL Ontario Inc. 2. Catholic Cemeteries of the Diocese of Hamilton 3. City of Brampton 4. City of Burlington 5. Clay Brick Association of Canada 6. Conservation Halton 7. Crosswinds Golf & Country Club ( Ontario Inc.) 8. Don Johnson 9. Georgetown Shopping Centres Limited 10. Halton Region 11. Halton Region Federation of Agriculture 12. Holcim (Canada) Inc. 13. Joseph H. Richardson 14. Ken Woodruff (Stop Escarpment Highway Coalition) 15. Local 707 CAW 16. Mattamy Development Corporation 17. Melrose Properties Inc. and Ironrose Investments Limited 18. Memorial Gardens Canada Limited 19. Milton Business Park II Landowners Group 20. Milton Phase 3 Landowners Group Inc. 21. Monte Carlo Inn ( Ontario Limited) 22. Munn s United Church 23. Nelson Aggregate Co. 24. Newmark Developments Limited and Rosko Investment and Development Limited 25. North Oakville Community Builders Inc. 26. Oak-Land Ford Lincoln 27. Ontario Stone, Sand & Gravel Association 28. Orlando Corporation 29. Paletta International Corporation and P&L Livestock Limited 30. Region of Peel 31. Shipp Corporation Limited 32. South Georgetown Landowners Group 33. Southwest Georgetown Landowners Group 34. Sundial Homes (3 rd Line) Limited and Sundial Homes (4 th Line) Limited 35. Swiss Chalet ( Ontario Limited) 36. Town of Halton Hills 37. Town of Milton 38. Trafalgar Golf and Country Club 39. Trebbiano Trail Development, Orianna Glen Homes Corp., Sempronia Estate Inc. and Albanella Development Ltd., Mil Con Four Britannia Developments Limited & Mil Con Four Thomson Developments Limited, Trinison Management Corp. and Fieldgate Developments 40. TSI International Canada Inc. 41. United Parcel Services of Canada

16 - 8 - SCHEDULE 1 To Board Order Dated for Partial Approval of Regional Official Plan Explanation Schedule 1 to this Board Order includes those sections or parts of the approved 2006 Plan not subject to modifications under ROPA 38 nor from any subsequent sources and not contested by any party in response to the Region s Motion for Partial Approval dated September 28, The effective date of these sections or parts of the Plan is May 7, 2015 when shown in purple text below and September 28, 2015 when shown in plain text below. Part of Official Plan Sections Part III Land Stewardship Agricultural Area Sections Protection of Mineral Aggregate Resources Sections , 66(1) 111 (preamble), 112(2)a), 112(2)b), 112(2)c) Part V Implementation Planning& Development Approval Sections Guidelines & Advisory Committees Sections (10) (preamble), 187(10)a), 187(10)b), 187(10)c), 187(10)d), 187(10)e), 187(10)f), 187(10)g), 187(10)h), 187(10)i), 187(10)m), 187(10)n), 187(10)o), 187(10)p), 187(10)q), 187(10)r) 192(5), 192(8)

17 - 9 - SCHEDULE 2 To Board Order Dated for Partial Approval of Regional Official Plan Explanation Schedule 2 to this Board Order includes those sections or parts of the approved 2006 Plan that have been modified, regardless of source, and not contested by any party in response to the Region s Motion for Partial Approval dated September 28, The third column in the table below describes modifications that have been made to that section or part of the Plan after the adoption by Council of ROPA 38. This includes modifications made through discussions, mediation, and Minutes of Settlement with certain Parties and modifications resulting from Board approvals. Modifications made by the Province in its Decision that were subsequently agreed to be removed are not shown in this Schedule. The table also includes parts of the Plan that were modified only by ROPA 38. The effective dates of these sections or parts of the Plan are shown below: Colour Purple Highlight Red Highlight Brown Highlight No Highlight Effective Date May 7, 2015 Issue date of the Phase 2 Board Decision May 19, 2015 Board approval of the settlement of Orlando s Air Quality appeal June 15, 2015 Board approval of the settlement of the Town of Halton Hill s Secondary Suites appeal September 28, 2015 Item No. Section Modifications Since Adoption of ROPA 38 by Council Part II Basic Position (preamble) (Modified only by ROPA 38.) 2. 27(2) [Relocated from Section 27(3)] (trailing paragraph) Modified by ROPA 38 and further modified by adding the word, and after the word activity. (Modified only by ROPA 38.) (Modified only by ROPA 38.) (2) (Modified only by ROPA 38.)

18 Item No. Section Modifications Since Adoption of ROPA 38 by Council Part III Land Stewardship (preamble) (Modified only by ROPA 38.) 7. 66(2) (Modified only by ROPA 38.) 8. 66(2.1) (Modified only by ROPA 38.) 9. 66(2.1)a) (Modified only by ROPA 38.) (2.1)b) (Modified only by ROPA 38.) (2.2) (Modified only by ROPA 38.) (3) (Modified only by ROPA 38.) (7)f)[vii] A new Section 77(7)f)[vii] is added that reads as follows: [vii] the identification of employment lands within the proposed expansion area that should be designated and protected for the long-term due to their proximity to major transportation facilities and infrastructure Modified by ROPA 38 and further modified by deleting the Section in its entirety and replacing it with the words [Section number not in use.] (6) A new Section 77.4(6) is added that reads as follows: 77.4(6) Subject to policy 77(7), designate lands where appropriate in the vicinity of existing or planned major highway interchanges, ports, rail yards and airports for employment purposes that rely on this infrastructure, once these lands are included in the Urban Area (10) Is by ROPA 38 and further modified by deleting the words including parking and the adequacy of urban services and adding the words, (e.g. the provision of parking or adequacy of services), after the word criteria (10.1) A new Section 86(10.1) is added that reads as follows: 86(10.1) Ensure that the standards or criteria identified in a Local Official Plan or Zoning By-law shall not preclude or prohibit the establishment of second residential units, as provided for in provincial legislation, policy or plans (1.2) Modified by ROPA 38 and further modified by deleting the words by rural estate residential development or infilling throughout the

19 Item No. Section Modifications Since Adoption of ROPA 38 by Council Agricultural Rural Area and adding the words for residential purposes after the words new lots Modified by ROPA 38 and further modified by adding the letter s to the word Hamlet ; by deleting the word designed and adding the word designated after the word communities ; by deleting the words the majority of after the word accommodate ; by italicizing the words Area-Specific Plans after the word approved ; and by deleting the words Within the Greenbelt Plan Protected Countryside Area, at the start of the last sentence (1) Modified by ROPA 38 and further modified by deleting the Section in its entirety and replacing it with a new Section that reads as follows: 107(1) To ensure as much of the mineral aggregate resources as is realistically possible shall be made available within the Region to supply mineral resource needs (3) Modified by deleting the word extraction after the word aggregate ; by italicizing the word operations ; and by deleting the words, subject to: after the words Aggregate Resources Act (3)a) Modified by deleting the Section in its entirety (4) (preamble) Modified by ROPA 38 and further modified by adding the words to a mineral aggregate operation after the words associated facilities (4)a) Modified by ROPA 38 and further modified by deleting the section in its entirety and replacing it with the words [Section number not in use] (4)b) [renumbered from 109(4)a)] (4)c) [renumbered from 109(4)b)] (4)d) [renumbered from 109(4)c)] (3.1) (preamble) Modified by ROPA 38 and further modified by deleting the words on the same site and adding the words from an integrated mineral aggregate operation, which may consist of more than one Aggregate Resources Act License after the words mineral aggregates. (Modified only by ROPA 38.) Modified by ROPA 38 and further modified by deleting the word immediate and adding the word final after the words affect the. Modified by ROPA 38 and further modified by adding the words consultation and after the word in and by adding the words which serves as a guidance document after the word Manual.

20 Item No. Section Modifications Since Adoption of ROPA 38 by Council (3.1)a) (Modified only by ROPA 38.) (3.1)b) (Modified only by ROPA 38.) (3.1)c) (Modified only by ROPA 38.) (5) Modified by ROPA 38 and further modified by deleting the Section in its entirety and replacing it with a new Section that reads as follows: 110(5) Require that air, noise and blasting studies be undertaken in accordance with Provincial regulations and standards and recommendations be implemented to minimize impact on social and human health (8)(preamble) Modified by ROPA 38 and further modified by deleting the word for and adding the words to designate after the word proposal (8)a) Modified by deleting the Section in its entirety and replacing it with the words [Section number not in use.] (8)b) Modified by deleting the Section in its entirety and replacing it with the words [Section number not in use.] (8)c) Modified by ROPA 38 and further modified by deleting the words adverse effects and adding the words Adverse impacts before the word on ; by adding the words or address after the word minimize ; and by deleting the words adverse effects and adding the words adverse impacts after the word such (8)c)[iv] Modified by ROPA 38 and further modified by deleting the words heritage resources and adding the words Cultural Heritage Resources after the word any (8)c)[vi] Modified by ROPA 38 and further modified by deleting the word farming and adding the word agriculture after the word surrounding and by deleting the word and after the word communities, (8)e) (Modified only by ROPA 38.) (8.2) Modified by ROPA 38 and further modified by deleting the words during and after extraction and adding the words post rehabilitation after the words on-site management (9.1) Modified by ROPA 38 and further modified by deleting the words early in the process and prior to the submission of the applications for license and Planning Act approvals and adding the words in

21 Item No. Section Modifications Since Adoption of ROPA 38 by Council accordance with Section 110(4) after the words public agencies (11) Modified by ROPA 38 and further modified by deleting the words in accordance with Regional standards and policies with minimal social, environmental, and human health impacts after the word Halton and by adding the words If applicable, before the word alternative (14) (preamble) Modified by ROPA 38 and further modified by deleting the Section in its entirety and replacing it with the words [Section number not in use.] (14)a) Modified by ROPA 38 and further modified by deleting the Section in its entirety (14)b) Modified by ROPA 38 and further modified by deleting the Section in its entirety (14)c) Modified by ROPA 38 and further modified by deleting the Section in its entirety (1) Modified by ROPA 38 and further modified by deleting the Section in its entirety and replacing it with a new Section that reads as follows: 111(1) To recognize existing mineral aggregate operations and protect them from activities that would preclude or hinder their continued use or expansion (2) Modified by ROPA 38 and further modified by deleting the Section in its entirety and replacing it with a new Section that reads as follows: 111(2) To protect known mineral aggregate deposits and areas of high potential mineral aggregate resources, as shown on Map 1F, for potential future extraction (trailing paragraph) A new trailing paragraph to Section 111 is added that reads as follows: The Region recognizes that within the Niagara Escarpment Plan Area, these objectives are subject to the priorities set by the purpose, objectives and policies of the Niagara Escarpment Plan (1) Modified by ROPA 38 and further modified to read as follows: 112(1) Protect high potential mineral aggregate resource areas consisting of primary and secondary sand and gravel resource areas and selected bedrock/shale areas, except

22 Item No. Section Modifications Since Adoption of ROPA 38 by Council for those areas considered to be unsuitable for extraction based largely on Section 110(7.1) of this Plan, Provincial policies and Provincial Plans. The resource areas thus identified are generally shown on Map 1F using mapping supplied by the Ministry of Northern Development, Mines and Forestry or the Ministry of Natural Resources. Map 1F is not drawn to scale and the boundaries are only approximate. The identification of these mineral aggregate resource areas on Map 1F does not imply that extraction in these areas conforms to Provincial Plans or policies, nor does it imply support by the Region for any licence application under the Aggregate Resources Act in these areas or for any amendment to this Plan thereof (2) Modified by adding the word aggregate after the word mineral and by adding the words in accordance with policies of this Plan and any Provincial Plan after the word resources (19) (Modified only by ROPA 38.) (20) A new Section 118(20) is added that reads as follows: (Modified only by ROPA 38.) 118(20) Prohibit the creation of new lots for residential purposes, except in Hamlets or Rural Clusters (3) [Relocated from 139.3(2)] (Modified only by ROPA 38.) Modified by ROPA 38 and further modified to read as follows: (Modified only by ROPA 38.) The purpose of the Future Strategic Employment Areas, shown as an overlay on Map 1C, is to identify and protect from incompatible uses certain lands that are strategically located with respect to major transportation facilities and existing employment areas and are best suited for employment beyond the planning horizon of this Plan. The underlying land use designations are shown on Map 1 and are subject to the policies of this Plan. Future Strategic Employment Areas are not land use designations and confer no permitted uses.

23 Item No. Section Modifications Since Adoption of ROPA 38 by Council (1) (Modified only by ROPA 38.) (2) (Modified only by ROPA 38.) (3) (Modified only by ROPA 38.) (4) Modified by ROPA 38 and further modified by deleting the word of and adding the words land within after the word any and by deleting the words prior to 2031 only through a municipal comprehensive review, as part of the Region s statutory five-year review of its Official Plan, if it can be demonstrated that the Region and Local Municipalities will not be able to, through intensification and development outside the built boundary, meet the employment targets set out in Table 1 and adding the words in accordance with Section 77(7) after the words Urban Area Modified by ROPA 38 and further modified by adding the word aggregate after the word mineral. Part IV Healthy Communities (9)c) Modified by ROPA 38 and further modified by adding the words contains sensitive land uses and after the word development (3) Modified by deleting the words heritage resources and adding the words Cultural Heritage Resources after the word Halton s (5)a) Modified by ROPA 38 and further modified by italicizing the word Halton after the word within (5)e) (Modified only by ROPA 38.) (1.2) A new Section 173(1.2) is added that reads as follows: Part V Implementation (Modified only by ROPA 38.) 173(1.2) Require Local Municipalities, in consultation with and to the satisfaction of the Province, to develop official plan policies that provide protection for planned corridors to ensure that development shall not predetermine or preclude the planning and/or implementation of the corresponding transportation facilities on Map 3.

24 Item No. Section Modifications Since Adoption of ROPA 38 by Council (10)j) 187(10)k) Modified by ROPA 38 and further modified by adding the words outside the Urban Area after the word formulae. Modified by adding the words hazard land delineation including, but not limited to, before the word floodplain (10)l) Modified by adding the word aggregate after the word mineral (10)s) (Modified only by ROPA 38.) (10)t) (Modified only by ROPA 38.) (10)u) (Modified only by ROPA 38.) (10) (trailing paragraph) (Modified only by ROPA 38.) Modified by ROPA 38 and further modified by deleting the words serve to after the word They ; by deleting the words required by and adding the words and outline approaches including studies and methodologies that would satisfy the relevant after the word processes ; and by adding the words Alternative approaches that meet the intent and purpose of the policies can be proposed with appropriate justification following consultation with the Region. after the word Plan (1.1) Modified by ROPA 38 and further modified by replacing the reference to 77(5)n) with a reference to 77(5)p) (1.3) (Modified only by ROPA 38.) (1.4) (Modified only by ROPA 38.) (2) Modified by ROPA 38 and further modified by deleting the word Operations and adding the word Facility after the word Livestock (3) (Modified only by ROPA 38.) (4) Modified by ROPA 38 and further modified by adding the words Aggregate Resources Reference Manual (Section 110(3.1)),.

25 Item No. Section Modifications Since Adoption of ROPA 38 by Council (5.1) (Modified only by ROPA 38.) (5.2) (Modified only by ROPA 38.) (7) (Modified only by ROPA 38.) (7.1) (Modified only by ROPA 38.) (7.2) (Modified only by ROPA 38.) (9) (Modified only by ROPA 38.) (9.1) (Modified only by ROPA 38.) (10) (Modified only by ROPA 38.) (11) (Modified only by ROPA 38.) (Modified only by ROPA 38.) Part VI Definitions A new Section is added that reads as follows: CULTURAL HERITAGE LANDSCAPES means a defined geographical area of heritage significance which has been modified by human activities and is valued by a community. It involves a grouping(s) of individual heritage features such as structures, spaces, archaeological sites and natural elements, which together form a significant type of heritage form, distinctive from that of its constituent elements or parts. Examples may include, but are not limited to, heritage conservation districts designated under the Ontario Heritage Act; and villages, parks, gardens, battlefields, mainstreets and neighbourhoods, cemeteries, trailways and industrial complexes of cultural heritage value A new Section is added that reads as follows: MINERAL AGGREGATE OPERATIONS means c) A new Section 259.1c) is added that reads as follows:

26 Item No. Section Modifications Since Adoption of ROPA 38 by Council Maps 96. Map 1B (Modified only by ROPA 38.) 259.1c) associated facilities used in extraction, transport, benefication, processing or recycling of mineral aggregate resources and derived products such as asphalt and concrete, or the production of secondary products but subject to limitations under Section 109(4). 97. Map 1C Modified by ROPA 38 and further modified to include a new Map 1C entitled Future Strategic Employment Areas shown herein as Attachment Map 1F Modified by ROPA 38 and further modified to include a new Map 1F entitled Identified Mineral Resource Areas shown herein as Attachment 2.

27 Attachment 1

28 Attachment 2

29 SCHEDULE 2A To Board Order Dated for Partial Approval of Regional Official Plan Explanation Schedule 2A to this Board Order includes those sections or parts of the approved 2006 Plan that have been modified, regardless of source, and approved through previous Board Orders issued February 4, 2014, October 2, 2014, and March 17, 2015 ( Prior Partial Approval Orders ). These parts of the Plan are not contested by any party in response to the Region s Motion for Partial Approval dated September 28, The third column in the table below describes modifications that have been made to that section or part of the Plan following the Prior Partial Approval Orders. The effective dates of these sections or parts of the Plan are shown below: Colour Purple Highlight Effective Date May 7, 2015 Issue date of the Phase 2 Board Decision No Highlight September 28, 2015 Item No. Section Modifications Since Adoption of ROPA 38 by Council Part III Land Stewardship Partially approved through the Board s Order dated March 17, 2015 and subsequently approved through the Decision and Order of the Board issued May 7, 2015 to read as follows: 91. The goal of the Agricultural System is to maintain a permanently secure, economically viable agricultural industry and to preserve the open-space character and landscape of Halton s non-urbanized areas (1.7) Partially approved through the Board s Order dated March 17, 2015 and subsequently approved through the Decision and Order of the Board issued May 7, 2015 to read as follows: Maps 101(1.7) Require that new land uses, including the creation of lots, and new or expanding livestock facilities within the Agricultural System comply with the provincially developed Minimum Distance Separation formulae. 3. Map 1 Approved through the Board s Order dated March 17, 2015 and subsequently modified, as shown herein on Attachment 1, to reflect the changes identified on Schedule B to Minutes of Settlement between the Regional Municipality of

30 Item No. Section Modifications Since Adoption of ROPA 38 by Council Halton and Nelson Aggregate Co. 4. Map 1E Approved through the Board s Order dated March 17, 2015 and subsequently modified, as shown herein on Attachment 2, to reflect the changes identified on Schedule B to Minutes of Settlement between the Regional Municipality of Halton and Nelson Aggregate Co., to make an administrative change resulting from NEP Amendment PH , and, to show certain areas as part of the Agricultural System as a result of no longer being identified as Key Features on Map 1G. 5. Map 1G Approved through the Board s Order dated March 17, 2015 and subsequently modified, as shown herein on Attachment 3, to reflect the changes identified on Schedule B to Minutes of Settlement between the Regional Municipality of Halton and Nelson Aggregate Co., to make an administrative change resulting from NEP Amendment PH , and, to show certain areas previously shown as Key Features as areas that are now part of the Natural Heritage System outside the Key Features.

31 Attachment 1

32 Attachment 2

33 Attachment 3

34 SCHEDULE 3 To Board Order Dated for Partial Approval of Regional Official Plan Explanation Schedule 3 to this Board Order includes those sections or parts of the Regional Official Plan, whether or not modified by ROPA 38 or other subsequent sources, that are contested by at least one party in response to the Region s Motion for Partial Approval dated September 28, Part of Official Plan Sections Part II Basic Position Halton s Planning Vision Sections Part IV Healthy Communities Policies Human Services Transportation Sections (5.1) (preamble), 173(5.1)c) Maps Map 3, Map 4

35 SCHEDULE 4A To Board Order Dated for Partial Approval of Regional Official Plan Explanation: Site Specific or Area Specific Matters With respect to the following site or area specific matters, approval of the policies, definitions, maps, tables and figures set out in Schedules 1, 2 and 2A are sought subject to the following: Appellant or Party Crosswinds Golf and Country Club ( Ontario Inc.) Don Johnson Evergreen Community (Burlington) Ltd. Newmark Developments Limited and Rosko Investment and Development Limited Paletta International Corporation and P&L Livestock Limited Description of Site or Area to Which Appeal Relates Lands municipally known as 6621 Guelph Line in the City of Burlington bounded by Guelph Line to the west, Walker s Line to the east and just south of Derry Road Properties within the North Aldershot Area owned by 1) Walter Johnson (1761 Old Waterdown Road), 2) Michael Shih (398 Mountain Brow Road), and 3) Sylvia Walker (Rennick Road) Lands municipally known as 5421, 5453 and 5463 Dundas Street and 3232 Tremaine Road in the City of Burlington Lands municipally known as 3069 Dundas Street West in the Town of Oakville, comprising the majority of the northwest quadrant of the intersection of Regional Road 25 (Bronte Road) and Dundas Street West, extending up to (and beyond) Highway 407 Lands municipally known as 1200 King Road Bronte Creek Meadows o o o o o Eagle Heights 5164 Upper Middle Road 5366 Upper Middle Road 5900 Upper Middle Road 5470 Upper Middle Road 5201 Mainway Section or Other Part of Plan Under Appeal on a Site or Area Specific Basis As described in Crosswinds Witness Statements and Issues of the Phase 4 Consolidated Issues List Map 1, 1A, 1F, 1G, and other policies held by Don Johnson that have not been released (110(7.1)f), 116.1, 118(20), 138.1, 139(2), 139(3)) To be determined by the Board pending its Phase 4 Decision of Evergreen s site specific appeal Newmark s appeal has been scoped to a site-specific basis as noted in Minutes of Settlement dated September 30, , 27(3) & (4), 51, 51.2, 51.2(4), 60, 64, 66, 71, 77(2.3), 77(15)&(17), 99(5), 99(11), 100(21), 101(1.2), 101(1.8), 101(1.9), 101(4), 114, 114.1(6), 114.1(9), 114.1(12), 115.3, 115.3(2), 116.1, 117.1(16), 118(1.1), 118(2), 118(3), 18(3.2), 118(7), 118(20), 138.1, , , , , , 141(2), 145(9)(e), 146(1), 146(2), 146(3), 146(6), 147(2), 147(5)(e), 147(5)(f), 183(1)(d), 187(10), 192, 193, 201, 212.3, 215,

36 o o o o 1640 Flatt Road Extension 1751 Flatt Road Extension 1664 Waterdown Road 66 Horning Road , 220.5, 221, 224.1, 225, 226, 234, 249.1, 253.4, 256.2, 260.2, 282, 288.1, 295, Map 1, Map 1G 3075 Dundas St 3095 Dundas St 3151 Dundas St 1041 Dundas St Formerly 3251 Appleby Line (now Block 3, Plan 20M-1123, Harrison Crescent/Area West of Harrison Crescent) TSI International Canada Inc. United Parcel Services of Canada in the City of Burlington Lands municipally known as 9063 Twiss Road, legally described as Lot 6, Concession 3, in the Town of Milton Approximately 28.3 hectares (70 acres) of land in the north east quadrant of the intersection of Steeles Avenue and Trafalgar Road, with frontage on Trafalgar Road, Steeles Avenue and Eighth Line in the Town of Halton Hills To be determined by the Board pending its Phase 4 Decision of TSI s site specific appeal 77(15), 77(16) and 77(18) including subparagraphs Map 5

37 SCHEDULE 4B

38 SCHEDULE 5 To Board Order Dated for Partial Approval of Regional Official Plan Explanation Schedule 5 to this Board Order includes modifications of an administrative nature. The purpose of these modifications is to increase clarity and consistency of the Plan and not to address or respond to a substantive issue on appeal. These modifications include 1) deleting extraneous text intended to track changes from previous versions of the Plan, 2) italicizing words in the Plan that are defined terms to increase consistency of the use of such terms in the Plan, 3) capitalizing certain words to increase the consistency of the Plan, and 4) correcting minor typographical errors. For those modifications to those parts of the Plan that have already been approved in previous Board Orders issued February 4, 2014 and, October 2, 2014, and March 17, 2015 ( Prior Partial Approval Orders ), the effective dates remain the same. Modifications to parts of the Plan that have not been approved through the Prior Partial Approval Orders are effective as of September 28, Item No. Section Modifications Since Adoption of ROPA 38 by Council Change Part II Basic Position 1. 27(3) Is modified by italicizing the words settlement areas A. This section is deleted from the Plan in its entirety B. This section is deleted from the Plan in its entirety C. This section is deleted from the Plan in its entirety D. This section is deleted from the Plan in its entirety E. This section is deleted from the Plan in its entirety F. This section is deleted from the Plan in its entirety G. This section is deleted from the Plan in its entirety (1) Is modified by italicizing the words Settlement Areas (trailing paragraph) Is modified by italicizing the word objectives Is modified by deleting the words [Formerly Section 53] (1.1) Is modified by adding the word Corridors after the word Utility. Typographical Error

39 Item No. Section Modifications Since Adoption of ROPA 38 by Council Change Is modified by deleting the words [Original moved to Section 51.1.] Is modified by italicizing the word policies Is modified by capitalizing the letter u in the word Built-up. 16. Table 2A Is modified by italicizing each instance of the terms Built Boundary and Designated Greenfield Area. Capitalization Part III Land Stewardship (2.2) Is modified by italicizing the word lot (3) This section is deleted from the Plan in its entirety (trailing paragraph) Is modified by italicizing the word lot and the word lots Is modified by italicizing the words agricultural uses (5) Is modified by deleting the words [Formerly Section 73(1)] and by italicizing the words complete communities (6) Is modified by deleting the words [Formerly Section 73(2)] (7) Is modified by deleting the words [Formerly Section 38F(1)g)] (8) Is modified by deleting the words [Formerly Section 38F(1)k)] and by deleting the word areas and adding the word sites after the word greyfield (9) Is modified by deleting the words [Formerly Section 38F(4)f)] (10) Is modified by deleting the words [Formerly Section38F(7)a)] (11) Is modified by deleting the words [Formerly Section 38F(7)e)] Is modified by deleting the words [Original moved to Section 72(5) and 72(6).]. & & Typographical Error

40 Item No. Section Modifications Since Adoption of ROPA 38 by Council Change (2.2)d)[ii] Is modified by italicizing the word intensification (2.4) Is modified by deleting the words [Formerly Section 38F(10)] (5)q) Is modified by italicizing the words agricultural operation (7) Is modified by deleting the words [Formerly Section 38F(11)] (7)a.1) Is modified by capitalizing the word plan. Capitalization (7)b.2) Is modified by capitalizing the words provincial highway. Capitalization (7)f)[ii] Is modified by italicizing the word resources (15) Is modified by italicizing the word Infrastructure (19)b) This section is deleted from the Plan in its entirety (1) Is modified by deleting the words [Formerly Section 38F(1)f)] (2) Is modified by deleting the words [Formerly Section 38F(7)b)] (3) Is modified by italicizing the word major (1)b)[iii] Is modified by italicizing the words Employment Area (2) Is modified by deleting the words [Formerly Section 38F(7)c)] (3) Is modified by deleting the words [Formerly Section 38F(7)d)] (4) Is modified by deleting the words [Formerly Section 38F(9)] (6) Is modified by deleting the word policy and adding the word Section after the words Subject to and by italicizing the words major highway (4) Is modified by deleting the words [Formerly Section 38F(4)k)[ii]]. Typographical Error &

41 Item No. Section Modifications Since Adoption of ROPA 38 by Council Change (6) Is modified by deleting the words [Formerly Section 38F(4)k)[i]] (7) Is modified by deleting the words [Formerly Section 38F(4)k)[iii]] (8) Is modified by deleting the words [Formerly Section 38F(4)k)[iv]] (9) Is modified by deleting the words [Formerly Section 38F(4)k)[v]] (10) Is modified by deleting the words [Formerly Section 38F(4)k)[vi]] (11) Is modified by deleting the words [Formerly Section 38F(6)] (7)d) Is modified by italicizing the word densities (10.1) Is modified by deleting the words [Formerly Section 38F(8)] (11) Is modified by italicizing the word Intensification (1) Is modified by deleting the words [Formerly Section 38F(5)a)] (2) Is modified by deleting the words [Formerly Section 38F(5)b)] (3) Is modified by deleting the words [Formerly Section 38F(5)c)] (4) Is modified by deleting the words [Formerly Section 38F(5)d)] (1) Is modified by deleting the words [Formerly Section 38F(5)e)] Is modified by deleting the words [Original Section 83.8 moved to Section 139.5(2); balance deleted.] (13) Is modified by italicizing the word sites (6)b) Is modified by removing the italics from the word or (10.1) Is modified by capitalizing the word provincial. Capitalization

42 Item No. Section Modifications Since Adoption of ROPA 38 by Council Change (13.1) Is modified by removing the italics from the word and (17) Is modified by removing the italics from the word and (17.1) Is modified by removing the italics from the word and (26) Is modified by removing the italics from the word and (14) Is modified by deleting the words [Original Section 89(14)b) moved to Section 89(13); balance deleted.] Is modified by italicizing the words goals and objectives Is modified by deleting the words [Original Sections 95(20) and 95(21) moved to Sections 117.1(17) and 117.1(18), respectively; balance deleted.] Is modified by deleting the words [Original Sections 96(1) and 96(4) moved to Sections 99(18) and 99(19), respectively; balance deleted.] Is modified by deleting the words [Original Section 98(1) moved to Section 100(37); balance deleted.] (17) Is modified by removing the italics from the word and (18) Is modified by deleting the words [Formerly Section 96(1)] (19) Is modified by deleting the words [Formerly Section 96(4)] (6) Is modified by removing the italics from the word and (17) Is modified by italicizing the word farm (21)d)[iii] Is modified by italicizing the words agricultural uses (22)p) Is modified by deleting the words [Formerly Section 98(1)].

43 Item No. Section Modifications Since Adoption of ROPA 38 by Council Change (1.1) Is modified by deleting the words [Formerly Section 92(1)] and by removing the comma after the word of (1.2) Is modified by deleting the words [Formerly Section 92(2)] (1.3) Is modified by deleting the words [Formerly Section 92(3)] (1.4) Is modified by deleting the words [Formerly Section 92(4)] (1.5) Is modified by deleting the words [Formerly Section 92(5)] (1.6) Is modified by deleting the words [Formerly Section 101(1)]. & Typographical Error (1.6)a) Is modified by deleting, R (4)k)[i] Is modified by italicizing the words agricultural use (5)h) Is modified by italicizing the words agricultural uses Is modified by italicizing the words settlement areas and the word policies (4)b) Is modified by deleting the letter s from the word aggregates, by adding the word resources, and by italicizing the word operation (5.1) This section is deleted from the Plan in its entirety (6) Is modified by removing the italics from the word and (2) Is modified by italicizing the word policies (3) Is modified by italicizing the word policies (4) Is modified by italicizing the words mineral aggregate operation (6) Is modified by italicizing the words mineral aggregate resource and the word policies (6.1) Is modified by italicizing the word agriculture.

44 Item No. Section Modifications Since Adoption of ROPA 38 by Council Change (6.1)a) Is modified by italicizing the words mineral aggregate resources and the word quarry (6.1)b) Is modified by deleting the words Specialty Crop Areas and adding the words specialty crop areas. & Capitalization (8)c)[vi] Is modified by italicizing the word agriculture (8.1) Is modified by deleting the words [Formerly Section 110(5)] (11) Is modified by italicizing the word infrastructure (13) This section is deleted from the Plan in its entirety (2) Is modified by italicizing the words mineral aggregate resources (4) This section is deleted from the Plan in its entirety (1) Is modified by deleting the words [Formerly Section 122(1)] (2) Is modified by deleting the words [Formerly Sections 122(3) & 93(1)] (3) Is modified by deleting the words [Formerly Section 93(2)] (4) Is modified by deleting the words [Formerly Section 125(1)] (5) Is modified by deleting the words [Formerly Section 125(2)] (6) Is modified by deleting the words [Formerly Section 125(7)] (7) Is modified by deleting the words [Formerly Section 125(9)] (8) Is modified by deleting the words [Formerly Section 120(6)] (9) Is modified by deleting the words [Formerly Section 125(5)] (10) Is modified by deleting the words [Formerly Section

45 Item No. Section Modifications Since Adoption of ROPA 38 by Council Change 125(6)] (11) Is modified by deleting the words [Formerly Section 125(10)] (12) Is modified by deleting the words [Formerly Section 120(3)] (13) Is modified by deleting the words [Formerly Section 120(4)] (14) Is modified by deleting the words [Formerly Section 120(5)] (15) Is modified by deleting the words [Formerly Section 120(7)] (16) Is modified by deleting the words [Formerly Section 120(8)] (17) Is modified by deleting the words [Formerly Section 120(9)] (18) Is modified by deleting the words [Formerly Section 125(4)] (19) This section is deleted from the Plan in its entirety (7) Is modified by removing the italics from the word and (12) Is modified by removing the italics from the words if the subject land is located within the Niagara Escarpment Plan Area. Typographical Error (16)d) [iii] Is modified by italicizing the words agricultural uses (16)g) Is modified by italicizing the words animal kennels (17) Is modified by deleting the words [Formerly Section 95(20)] and by removing the italics from the word Lot (18) Is modified by deleting the words [Formerly Section 95(21)] and by removing the italics from the word Lot. & &

46 Item No. Section Modifications Since Adoption of ROPA 38 by Council Change (2)b) Is modified by italicizing the word policy (3) (trailing paragraph) Is modified by italicizing the words ecological functions (11) Is modified by deleting the words [Formerly Section 128(2)] (12) Is modified by deleting the words [Formerly Section 128(3)] (13) Is modified by deleting the words [Formerly Section 128(4)] (14) Is modified by deleting the words [Formerly Section 128(6)] (15) Is modified by deleting the words [Formerly Section 128(7)] (16) Is modified by deleting the words [Formerly Section 128(8)] (17) Is modified by deleting the words [Formerly Section 128(9)] (18) Is modified by deleting the words [Formerly Section 128(10)] (19) Is modified by deleting the words [Formerly Section 132(3)] (20) Is modified by italicizing the word Hamlets and the words Rural Clusters Is modified by deleting the words [Original moved to Section 230.] Is modified by deleting the words [Original Sections 120(1) and 120(2) deleted; balance moved to Sections ] Is modified by deleting the words [Original moved to Section A5.1.] Is modified by deleting the words [Original Sections 122(1) and 122(3) moved to Sections 114.1(1) and