Niagara Escarpment Commission - Approval of an amendment to the Niagara Escarpment Plan

Instrument type: Approval of an amendment to the Niagara Escarpment Plan

ERO number
019-6425
Notice type
Instrument
Act
Niagara Escarpment Planning and Development Act, R.S.O. 1990
Posted by
Ministry of Natural Resources
Notice stage
Decision
Decision posted
Comment period
February 6, 2023 - April 11, 2023 (64 days) Closed
Last updated

This consultation was open from:
February 6, 2023
to April 11, 2023

Decision summary

A decision was made to approve amendments to the Niagara Escarpment Plan (NEP) to allow greater flexibility for the consideration for the development of agricultural uses, on-farm diversified uses (OFDUs) and agricultural-related uses (ARUs)

Location details

Site location details

The proposed policies would be applicable to all Escarpment municipalities within the Niagara Escarpment Plan (plan-wide).

Proponent(s)

Niagara Escarpment Commission
232 Guelph Street, 3rd Floor
Georgetown, ON
L7G 4B1
Canada

Decision details

The Minister of Natural Resources has approved an amendment to the NEP to modify existing policies to allow greater flexibility for the consideration of the development of agricultural uses, OFDUs, and ARUs. Specifically, the following amendments are approved:

  1. That NEP Part 1.3.3.15 be added as follows:

    1.3.3.15. As part of maple sugar harvesting, the tapping of trees, the collection of sap, the placement of minor ancillary equipment or structures (e.g., collection tanks, vacuum systems), and the establishment of minor trails (i.e., without the addition of aggregate material or pavement) to facilitate the collection of sap. For greater certainty, this does not include maple syrup production or sale, or the construction of buildings or structures related to the processing of sap for maple syrup production or sale.

  2. That NEP Part 1.4.3.2 be amended by removing the words “in prime agricultural areas” to read as follows:

    1.4.3.2. Agriculture-related uses and on-farm diversified uses.

  3. That NEP Part 2.7.2 f) be added as follows:

    2.7.2 f). Expansions to existing buildings and structures for agricultural uses, agriculture-related uses and on-farm diversified uses, if it is demonstrated that: a) there is no alternative and the expansion or alteration in the feature is minimized; and b) the impact of the expansion or alteration on the feature and its functions is minimized and mitigated to the maximum extent possible.

  4. That NEP Part 2.7.2 g) be added as follows:

    2.7.2 g). Agricultural uses, agriculture-related uses, and on-farm diversified uses in an Earth Science Area of Natural and Scientific Interest, which is not also identified as any other Key Natural Heritage Feature, provided it has been demonstrated that the earth science values can be maintained and protected. Planning, design, and construction practices shall be identified that will keep disturbance to landform character to a minimum and ensure the protection of the geological or geomorphological attributes. 

  5. That the following new definition be added to Appendix 2 of the NEP.

    Earth Science Value: values that relate to the geological, soil, and landform features of the environment.

Comments received

Through the registry

12

By email

40

By mail

0
View comments submitted through the registry

Effects of consultation

Following comments from stakeholders, the Public Interest Advisory Committee and a hearing at the Ontario Land Tribunal, a number of changes were made to the proposed amendments to: 

  • clarify what types of structures and equipment may be permitted to support maple sap collection in the Escarpment Natural Area land use designation as permitted by the new permitted use 1.3.3.15
  • to clarify that the new policy Part 2.7.2 f) which was proposed to enable the expansion of existing uses in a key natural heritage feature be scoped to only allowing for the expansion of existing buildings and structures to be consistent with the Greenbelt Plan.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Niagara Escarpment Commission - Georgetown Office
Address

232 Guelph Street
Georgetown, ON
L7G 4B1
Canada

Office phone number

How to Appeal

Appeals are not allowed

This instrument type cannot be appealed. Learn more about our consultation process.

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Original proposal

ERO number
019-6425
Notice type
Instrument
Act
Niagara Escarpment Planning and Development Act, R.S.O. 1990
Posted by
Ministry of Natural Resources and Forestry
Proposal posted

Comment period

February 6, 2023 - April 11, 2023 (64 days)

Proposal details

The proposal is to further refine and strengthen the framework for agriculture in the NEP Area while ensuring that the purpose and objectives of the plan are upheld.

The amendment proposes to allow the opportunity for the development of on-farm diversified uses and agricultural-related uses outside of prime agricultural areas by amending the Escarpment Protection Area Permitted Use in Part 1.4.3.2 and proposes to amend the NEP Part 2.7 policies respecting development affecting natural heritage.

This will recognize that the development of certain agricultural uses may be compatible in key natural heritage features, under certain conditions. Additionally, the proposal includes a housekeeping-related amendment to Part 1 Escarpment Natural Area Permitted Uses to better align Ontario Regulation 828/90 exemption respecting a specific agricultural use with the Permitted Uses of the NEP.

Public consultation opportunities

A notice regarding the application will be posted in local newspapers across the Niagara Escarpment Plan Area. Information will be posted on the Niagara Escarpment Commission’s website inviting comments from the public.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Niagara Escarpment Commission - Georgetown Office
Address

232 Guelph Street
Georgetown, ON
L7G 4B1
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from February 6, 2023
to April 11, 2023

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