It remains unclear whether the Ontario Municipal Board (OMB) hearing about a Rockwood quarry will proceed – or be dismissed before testimony really begins.
The hearing was scheduled to take place over several weeks, starting on Sept. 27.
James Dick Construction Limited (JDCL) has applied for rezoning and licensing approval for a “hidden quarry” at Highway 7 and 6th Line in Guelph-Eramosa, just east of Rockwood and west of Acton.
Also taking part in the hearing are opponents the Concerned Residents Coalition (CRC), Region of Halton and Town of Halton Hills.
On day one of the proceedings CRC lawyer Chris Barnett brought it to OMB vice chair Steve Stefanko’s attention that the JDCL bylaw amendment application was actually for a bylaw that no longer exists.
Guelph-Eramosa Township concluded a two-year process this summer repealing and replacing its entire comprehensive zoning bylaw, but JDCL made its application under the old bylaw in 2012.
On Sept. 28 lawyers representing each of the parties and Guelph-Eramosa Township discussed the bylaw issue but Stefanko adjourned the proceedings.
When the hearing resumed on Oct. 6, JDCL lawyer David White argued it was the township’s responsibility to inform JDCL and the OMB of zoning bylaw changes that could impact the application.
“You can’t take a step that pulls the rug out from the board … without notice,” White said.
Stefanko wasn’t so sure.
“Is there an obligation in law for a municipality to apprise the parties and the board of the repeal or potential repeal of the bylaw … what is the consequence for failure to meet the duty that is there?” he asked.
“That is, I think, the heart of the it.”
White asked that Stefanko exercise his power to amend JDCL’s application to address the new 2016 bylaw.
“That’s a different ball game,” Stefanko said.
Barnett pointed out Stefanko, as a representative of the OMB, only has certain powers under the OMB and the planning act.
“The powers granted to the board are different than a municipality has,” Barnett argued. “You don’t have the power to amend a bylaw, you have the power to amend the bylaw.”
He said Stefanko would not be able amend the 1999 bylaw because it no longer exists.
White argued that because Guelph-Eramosa has applied both the old and new bylaws to applications in the past, the municipality should be able to do the same for the JDCL application.
He pointed out that the zoning for the potential quarry site did not change much between the old and the new bylaw.
He argued the prejudice against JDCL is “staggering” if the hearing doesn’t continue – and, “If we proceed there’s no prejudice against the other parties.”
Barnett argued, “The process does need to be followed and the jurisdiction of the board needs to be respected.”
Stefanko said he will decide the week after Thanksgiving how the hearing will proceed.
For more information, including details on the background of the OMB hearing visit http://bit.ly/2e9xqfj.
