Ontario Municipal Board Commission des affaires municipales de l Ontario

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1 Ontario Municipal Board Commission des affaires municipales de l Ontario ISSUE DATE: October 06, 2017 CASE NO(S).: PL PL PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended Appellant: Action Champlain Subject: Proposed Official Plan Amendment No. 30 Municipality: United Counties of Prescott and Russell OMB Case No.: PL OMB File No.: PL OMB Case Name: Action Champlain v. Prescott and Russell (United Counties) PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appellant: Colacem Canada Inc. Subject: Application to amend Zoning By-law No Refusal of Application by Township of Champlain Existing Zoning: Rural Zone (RU) Proposed Zoning: Industry Heavy Special Zone (MG-3) and Industrial Heavy - Special Exception Zone (MG-4) Purpose: To permit a cement plant and accessory structure Property Address/Description: Lot 217, Plan M-100, County Road No.17 Municipality: Champlain Municipality File No.: Z OMB Case No.: PL OMB File No.: PL OMB Case Name: Colacem Canada Inc. v. Champlain (Township)

2 2 PL PL Heard: September 1, 2017 in Prescott and Russell, Ontario APPEARANCES: Parties United Counties of Prescott and Russell Colacem Canada Inc. Action Champlain Counsel G. Meeds M. Bowman, P. Welsh J. Hynes-Gagne G. Poliquin R. Caza MEMORANDUM OF ORAL DECISION DELIVERED BY R. G. M. MAKUCH ON SEPTEMBER 1, 2017 AND ORDER OF THE BOARD [1] This is the first Pre-hearing Conference ( PHC ) held by the Board respecting appeals by Colacem Canada Inc. ( Colacem ) pursuant to s. 34(11) of the Planning Act ( Act ) against the refusal by the council for the Township of Champlain ( Township ) on January 24, 2017 to enact a zoning by-law amendment for the lands described as Lot 217, Plan M-100, County Road 17 located in the Township of Champlain and the United Counties of Prescott & Russell owned by Colacem. [2] Also before the Board in this PHC is an appeal by Action Champlain pursuant to s. 17(36) of the Act against the adoption of Official Plan Amendment No. 30 ( OPA 30 ) by the council of the United Counties of Prescott and Russell ( UCPR ) on January 25, [3] Colacem is seeking to construct a new cement plant on the subject lands, immediately adjacent to its existing limestone quarry. Colacem simultaneously submitted applications in June 2016 to the UCPR and the Township seeking the

3 3 PL PL required official plan and zoning amendments to permit the proposed cement plant, specifically: (a) an application to the UCPR to change the land use designation of the subject lands from Rural Policy Area to Trade and Industry Policy Area in the United Counties Official Plan (OPA Application); and (b) an application to the Township to amend the Township s Zoning By-law by changing the permitted land use for the subject lands from Rural Zone (RU) to a site-specific Industrial Heavy Special Exemption Zone (MG-3) and to an Industrial Heavy Special Exemption Zone (MG-4) (Zoning Application). COLACEM MOTION FOR CONSOLIDATION [4] Colacem brings a motion for an Order of the Board consolidating the proceedings of Board Case and File No. PL (Colacem Zoning Appeal) with the proceedings of Board Case and File No. PL (Action Champlain OPA 30 Appeal). [5] The materials before the Board on this motion consist of the following: a) Colacem s Motion Record Dated August 21, 2017 including the Affidavit of James Parkin dated August 21, [6] No one was opposed to the motion. [7] The Board finds that a consolidation of these two matters would not cause any prejudice to any of the parties to these matters and that given the commonality of facts, law, issues, and parties, a consolidation of these matters would be the most efficient use of the Board s resources, which also avoids the risk of inconsistent findings of fact, duplicative evidence and unnecessary administrative burden.

4 4 PL PL [8] Accordingly, the Board orders that these appeals (PL and PL170756) are hereby consolidated. PARTICIPANTS [9] The Township is granted participant status. [10] The following individuals are also granted participant status: - Christine Bonneau-O Neill - Dr. Daniel Cloutier - Luc and Joan Riopel - Pierre D Aoust - Mary-Ellen Prendergast - Gary Champagne - Richard Lalonde - Patrick Lalonde - Normand Bergevin - Maurice Landry - Patricia Rowlands - Jim Walsh - Andy Perrault - Manuel Deroukakis - Marcel Clément - Pierre Simard - Gabriel Donida Doucet - Patricia Hennessey on behalf of the Vankleek Hill and District Nature Society

5 5 PL PL Grand Chief Serge Otsi Simon on behalf of the Kanetasake Mohawk Nation [11] This proceeding will be governed by Attachment 1 hereto. HEARING [12] The hearing of this matter is scheduled to commence on Tuesday, September 4, 2018 commencing at 11 a.m. Five weeks have been set aside. The Board will not sit on September 11, 17 and 26, [13] The hearing will take place at: Regional Offices United Counties of Prescott & Russell 59 Court Street, P.O. Box 304 L'Orignal, ON K0B 1K0 [14] There will not be any further notice. R.G.M. Makuch R.G.M. MAKUCH VICE-CHAIR If there is an attachment referred to in this document, please visit to view the attachment in PDF format. Ontario Municipal Board A constituent tribunal of Environment and Land Tribunals Ontario Website: Telephone: Toll Free:

6 ATTACHMENT 1 ENVIRONMENTAL AND LANDS TRIBUNAL ONTARIO ONTARIO MUNICIPAL BOARD OMB Case and File No. PL OMB Case and File No. PL PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Applicant and Appellant: Colacem Canada Inc. Subject: Application to amend Zoning By-law No Refusal of Application by Township of Champlain Existing Zoning: Rural Zone (RU) Proposed Zoning: Industrial Heavy Special Zone (MG-3) and Industrial Heavy Special Exemption Zone (MG-4) Purpose: To permit a cement plant and accessory structure Property Address/Description: Lot 217, Plan M-100, County Road No. 17 Municipality: Township of Champlain Municipal File No.: Z OMB Case No.: PL OMB File No.: PL OMB Case Name: Colacem Canada Inc. v. Champlain (Township) PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Appellant : Action Champlain Subject: Proposed Official Plan Amendment No. 30 Property Address/Description : Lot 217, Plan M-100, County Road No. 17 Municipality: Township of Champlain OMB Case No. : PL OMB File No. : PL OMB Case Name : Action Champlain v. Prescott and Russell (United Counties) PROCEDURAL ORDER PROCEDURAL ORDER 1. The Board may vary or add to these rules at any time, either on request or as it sees fit. It may alter this Order by an oral ruling, or by another written Order. The terms used in this Order shall have the meanings as set out in Attachment 1.

7 Organization of the Hearing 2. The hearing will begin on Tuesday, September 4, 2018 at 10:30 a.m. at the Regional Offices of the United Counties of Prescott & Russell, Council Chamber, 59 Court Street,. 3. The length of the hearing will be up to twenty-five (25) days scheduled from September 4, 2018 to October 12, 2018 inclusive. The Board will not sit on the following days: September 11, 17 and 26, The parties and participants are listed in Attachment 2 to this Order. 5. The order of evidence at the Hearing is listed in Attachment The issues are set out in the Issues List attached as Attachment Any person intending to participate in the hearing should provide a telephone number and address (and facsimile number and address, if any) to the Board as soon as possible. Any such person who will be retaining a representative should advise the other parties and the Board of the representative s name, address and phone number as soon as possible. Requirements Before the Hearing 8. The Issues are set out in the Issues List attached as Attachment 4. There will be no changes to this list unless the Board permits and a party who asks for changes may have costs awarded against it. 9. A party who intends to call witnesses, whether by summons or not, shall provide to the Board, the other parties and the Clerk of the United Counties of Prescott and Russell a list of the witnesses and the order in which they are intended to be called. This list must be delivered on or before Monday, April 30, A party who intends to call an expert witness shall ensure that the witness prepares an expert witness statement and a summary of their expertise and qualifications and a Curriculum Vitae. The expert witness statement shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of the witness statement must be provided as in section 14. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Board may refuse to hear the expert s testimony. 11. A party who intends to call any other witness, who is not an expert, shall ensure that the witness prepares a witness statement, which shall summarize the evidence that the witness will give. Copies of the witness statement must be provided as in section 14. If this is not done, the Board may refuse to hear the witness s testimony.

8 12. Any participant who wishes to give oral or written evidence at the hearing must provide a participant statement outlining the participant s evidence to the Board, the parties and the Clerk of the United Counties of Prescott and Russell by with one hard copy to follow if requested by a party on or before Thursday, May 31, If this is not done, the Board may refuse to hear or receive the participant s evidence. 13. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert s evidence, as in section 14. If this is not done, the Board may refuse to hear the expert s testimony. All experts shall sign and deliver to the other parties and to the Board an Acknowledgement of Expert s Duty in the form set out as Attachment 5 to this Order, which Acknowledgement is to be dated on or before the date of their Witness Statement. 14. On or before Thursday, May 31, 2018, the parties shall provide copies of their witness statements and expert witness statements to the Board, the other parties and the Clerk of the United Counties of Prescott and Russell by with one hard copy to follow if requested by a party. 15. Parties may provide to the Board, the other parties and the Clerk of the United Counties of Prescott and Russell by with one hard copy to follow if requested by a party, a written response to any written evidence on or before Friday, June 29, On or before Tuesday, July 31, 2018, the parties shall provide copies of their visual evidence to all of the Board, the other parties and the Clerk of the United Counties of Prescott and Russell by with one hard copy to follow if requested by a party. If a model will be used, all parties must have a reasonable opportunity to view it at least seven (7) days before the hearing commences. 17. A party who provides a witness written evidence to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Board at least seven (7) days before the hearing that the written evidence is not part of the record. 18. A person wishing to change written evidence, including witness statements, must make a written motion to the Board. (see Rules 34 to 38, inclusive, of the Board s Rules, which require that the moving party provide copies of the motion to all other parties 10 days before the Board hears the motion.) 19. Documents may be delivered by , personal delivery, facsimile or registered or certified mail, or otherwise as the Board may direct. The delivery of documents by fax shall be governed by the Board s Rules [26 31] on this subject. Material

9 delivered by mail shall be deemed to have been received five business days after the date of registration or certification. 20. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Board s Rules 61 to 65 apply to such requests. This Member is not seized. So orders the Board.

10 ATTACHMENT 1 TO PROCEDURAL ORDER Purpose of the Procedural Order and Meaning of Terms The Board recommends that the parties meet to discuss this sample Order before the prehearing conference to try to identify the issues and the process that they want the Board to order following the conference. The Board will hear the parties comments about the contents of the Order at the conference. Prehearing conferences usually take place only where the hearing is expected to be long and complicated. If you are not represented by a lawyer, you should prepare by obtaining the Guide to the Ontario Municipal Board, and the Board s Rules, from the Board Information Office, 15th Floor, 655 Bay Street, Toronto, M5G 1E5, , or from the Board website at Meaning of terms used in the Procedural Order: Party is an individual or corporation permitted by the Board to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorisation from the party. NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the prehearing conference, must ask the Board to permit this. Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a statement to the Board on all or some of the issues in the hearing. Such persons may also be identified at the start of the hearing. The Board will set the time for hearing these statements. NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as parties can. If a participant does not attend the hearing and only files a written statement, the Board will not give it the same attention or weight as submissions made orally. The reason is that parties cannot ask further questions of a person if they merely file material and do not attend. Written and Visual Evidence: Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material. Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

11 Witness Statements: A witness statement is a short written outline of the person s background, experience and interest in the matter; a list of the issues which he or she will discuss and the witness opinions on those issues; and a list of reports that the witness will rely on at the hearing. An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing. A participant statement is a short written outline of the person s or group s background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, if any, which the participant will refer to at the hearing. Additional Information Summons: A party must ask a Board Member or the senior staff of the Board to issue a summons. This request must be made before the time that the list of witnesses is provided to the Board and the parties. (See Rules 45 and 46 on the summons procedure.) If the Board requests it, an affidavit must be provided indicating how the witness evidence is relevant to the hearing. If the Board is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned. The order of examination of witnesses: is usually direct examination, crossexamination and re-examination in the following way: direct examination by the party presenting the witness; direct examination by any party of similar interest, in the manner determined by the Board; cross-examination by parties of opposite interest; re-examination by the party presenting the witness; or another order of examination mutually agreed among the parties or directed by the Board.

12 ATTACHMENT 2 TO PROCEDURAL ORDER LIST OF PARTIES AND PARTICIPANTS PARTIES Party Colacem Canada Inc. Counsel* or Agent OSLER, HOSKIN & HARCOURT LLP P. O. Box 50 1 First Canadian Place Toronto ON M5X 1B8 Michael Bowman Tel: (416) Fax: (416) mbowman@osler.com Patrick G. Welsh Tel: (416) pwelsh@osler.com Julien Hynes-Gagne Tel: (514) jhynesgagne@osler.com Action Champlain CAZA SAIKALEY LLP 220 Laurier Ave. West, Suite 350 Ottawa, ON K1P 5Z9 Ronald F. Caza Tel: (613) Fax: (613) rcaza@plaideurs.ca Gabriel Poliquin Tel: (613) gpoliquin@plaideurs.ca United Counties of Prescott & Russell VICE & HUNTER LLP 85 Plymouth Street, Suite 101 Ottawa, ON K1S3E2 D. Gregory Meeds Tel: (613) Fax: (613) dgmeeds@viceandhunter.ca

13 Township of Champlain PARTICIPANTS Township Of Champlain 948 Pleasant Corner Rd. Vankleek Hill, ON K0B 1R0 Attn.: Alison Collard, Clerk Tel: (613) Fax: (613) Borden, Ladner Gervais World Exchange Plaza 100 Queen Street Suite 1300 Ottawa, ON K1P 1J9 Attn: Emma Blanchard Tel: (613) Fax: (613) Christine Bonneau-O Neill Dr. Daniel Cloutier Packing Ltd County Road Bangs Road Hawkesbury Luc Riopel 2184 County Road 17 Lot 218 Joan Riopel 2099 County Road 17 Pierre D Aoust 2151 County Road 17 Mary-Ellen Prendergast 2439 County Road 17 Gary Champagne Richard Lalonde Patrick Lalonde Normand Bergevin 70 Rue Davidson Champlain 2316 Bay Road 2320 Bay Road 1312 Rue Sainte-Marie

14 Maurice Landry Patricia Rowlands Jim Walsh 2149 Chemin Saint-Anne 1934 Bay Road 727 Front Road West Andy Perrault 330 Concession 4 Manuel Deroukakis Marcel Clément Pierre Simard Gabriel Doucet-Donid 2858 Bay Road 74 Des Chalets Street PO Box Rue Bonin 52 Wharf Street Patricia Hennessey on behalf of the Vankleek Hill and District Nature Society Grand Chief Serge Otsi Simon on behalf of the Kanetasake Mohawk Nation Thomas Maxwell 385 Rue Lecours Denise Launt Greg Moore

15 ATTACHMENT 3 TO PROCEDURAL ORDER ORDER OF EVIDENCE AT THE HEARING 1. United Counties of Prescott & Russell Descriptive Planning Overview 2. Colacem Canada Inc. 3. United Counties of Prescott & Russell 4. Action Champlain 5. Colacem Canada Inc., in Reply

16 ATTACHMENT 4 TO PROCEDURAL ORDER ISSUES LIST 1. Are Official Plan Amendment 30 and Zoning By-law Amendment Z (the Planning Applications ) consistent with the Provincial Policy Statement 2014? 2. Do the Planning Applications conform to the United Counties of Prescott & Russell Official Plan? 3. Is the proposed cement plant that would be permitted by the Planning Applications an appropriate land use at the proposed location along County Road 17? 4. Is the proposed cement plant that would be permitted by the Planning Applications appropriately designed, buffered and separated from neighbouring land uses to ensure appropriate land use compatibility and the prevention or mitigation of any potential adverse effects in accordance with provincial standards and requirements? 5. Can additional vehicular traffic and access from County Road 17 to the proposed cement plant that would be permitted by the Planning Applications be safely accommodated? Will additional vehicular traffic result in any potential adverse effects in the area that are not in accordance with provincial standards and requirements? 6. Do the Planning Applications and the development of the proposed cement plant represent good planning and are they in the public interest?

17 ATTACHMENT 5 TO PROCEDURAL ORDER ACKNOWLEDGMENT OF EXPERT S DUTY Case Number PL and PL Municipality Township of Champlain 1. My name is (name) I live at the. (municipality) in the.....(county or region) in the......(province) 2. I have been engaged by or on behalf of... (name of party/parties) to provide evidence in relation to the above-noted Board proceeding. 3. I acknowledge that it is my duty to provide evidence in relation to this proceeding as follows: a. to provide opinion evidence that is fair, objective and non-partisan; b. to provide opinion evidence that is related only to matters that are within my area of expertise; and c. to provide such additional assistance as the Board may reasonably require, to determine a matter in issue. 4. I acknowledge that the duty referred to above prevails over any obligation which I may owe to any party by whom or on whose behalf I am engaged. Date. Signature

Local Planning Appeal Tribunal Sample Procedural Order

Local Planning Appeal Tribunal Sample Procedural Order ISSUE DATE: CASE NO(S). PL####### PROCEEDING COMMENDED UNDER (Specify: statute and provision under which proceeding was commenced) Applicant(s)/Appellant(s):