Appeal of The Corporation of the City of Kitchener - Approval to amend a municipality’s official plan

ERO number
025-0255
Notice stage
Appeal
Appeal posted
Last updated
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Appeal summary

The Six Nations of the Grand River Band of Indians has filed a Notice of Appeal under s. 17(36) of the Planning Act, challenging the Minister of Municipal Affairs and Housing’s decision to approve the Corporation of the City of Kitchener’s Official Plan Amendment 45.  

Appeal details

Notice under section 47 of the Environmental Bill of Rights - appeal under another Act

This notice is given by the appellant in accordance with section 47 of the Environmental Bill of Rights, 1993. The notice was prepared by the appellant and represents its position. It does not represent or reflect the views of the Government of Ontario, nor does the Government of Ontario make any representations about the accuracy of the content of this notice.

Description of decision

On October 27, 2025, a decision was made to approve the City of Kitchener Official Plan Amendment 45, as adopted by By-law 2024-057. The amendment modifies Site-Specific Policy 15.D.12.40 to permit a maximum height of 24 storeys on lands designated 'Mixed Use' at the southwest corner of Huron Road and Strasburg Road.

Grounds for leave to appeal

The Six Nations of the Grand River Band of Indians (SNGR) claims that the decision to approve the Official Plan Amendment 45:

  • failed to satisfy the Crown's duty to consult and accommodate SNGR with respect to potential impacts on its asserted Aboriginal and treaty rights; and
  • is inconsistent with section 6.2.2 of the Provincial Planning Statement, 2024, which requires early engagement and coordination with Indigenous communities on land use planning matters.

Additional details may be found on the Ontario Land Tribunal’s Case Status page. 

Supporting materials

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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.

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Contact

More information, including hearing dates and locations can be provided by the appellate body.  Additional information about the instrument appeal process, can be provided by the Ministry of the Environment, Conservation and Parks.

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal

Ministry of the Environment, Conservation and Parks
Environmental Bill of Rights Office
40 St. Clair Ave. West
12th Floor
Toronto, ON
M4V 1M2

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Original decision

The Corporation of the City of Kitchener - Approval to amend a municipality’s official plan

Instrument type: Approval to amend a municipality’s official plan

ERO number
025-0255
Ministry reference number
30-OP-251164
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision Appeal
Decision posted
Comment period
June 4, 2025 - July 4, 2025 (30 days) Closed
Last updated

This consultation was open from:
June 4, 2025
to July 4, 2025

Follow this notice

Decision summary

A decision was made on October 27, 2025, to approve the City of Kitchener Official Plan Amendment 45, as adopted by By-law 2024-057. The amendment modifies Site-Specific Policy 15.D.12.40 to permit a maximum height of 24 storeys on lands designated 'Mixed Use' at the southwest corner of Huron Road and Strasburg Road.

Location details

Site address

490 Huron Road
Kitchener, ON
N2R 1Y3
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

View this location on a map opens link in a new window

Proponent(s)

The Corporation of the City of Kitchener
200 King St W
Kitchener , ON
N2G 4G7
Canada

Decision details

A decision was made on October 27, 2025, to approve the City of Kitchener Official Plan Amendment 45, which was adopted pursuant to sections 17 and 22 of the Planning Act by By-law 2024-057. Notice of Decision was issued on October 28, 2025, to the City of Kitchener.

The purpose of the Official Plan Amendment is to amend site-specific policy 15.D.12.40 to increase the maximum permitted height to 24 storeys for the subject lands designated ‘Mixed Use’ at the southwesterly corner of Huron Road and Strasburg Road. The subject lands are municipally known as 490 Huron Road. 

The adopted Official Plan Amendment was reviewed for consistency with the Provincial Planning Statement, 2024 (PPS) and to have regard for matters of provincial interests set out in the Planning Act.

Pursuant to subsection 17 (36) of the Planning Act, this decision is subject to appeal, allowing the applicant, and public bodies to appeal to the Ontario Land Tribunal no later than 20 days from the date of the notice of decision.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Supporting materials

Related filesClick to Expand Accordion
 
Decision
pdf 230.09 KB
Notice of Decision
pdf 151.79 KB

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.

Municipal Services Office - Western Ontario
Address

659 Exeter Road
Floor 2
London, ON
N6E 1L3
Canada

Office phone number
800-265-4736

How to Appeal

This instrument decision can be appealed. You have 20 days from October 28, 2025 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

You can appeal all or part of this this instrument to the appeal to the Local Planning Appeal Tribunal (LPAT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing.

There is an additional “leave to appeal” right under the Environmental Bill of Rights.

Who can appeal

A notice of appeal can be submitted by:

  • individuals
  • corporations
  • public bodies

A notice of appeal can’t be submitted by:

  • an unincorporated association
  • an unincorporated group

You can, however, submit a notice of appeal as a member of the unincorporated association or group.

You have to have made an oral submission at a public meeting or a written submission to the council before the official plan amendment was adopted. Note: this is not required if you are appealing a proposal for provisional consent (no official plan in place).

Notice of appeal

Your notice of appeal must include:

  • the specific part, or parts of the official plan amendment that you wish to appeal
  • the reasons for your appeal
  • the appeal fee, payable by certified cheque or money order to the Minister of Finance, Province of Ontario

Note: appeal fees and options for reductions are outlined in the Local Planning Appeal Tribunal’s fee chart.

Mail your notice of appeal

Send your notice of appeal to the Minister of Municipal Affairs and Housing via the ‘issuing authority’ contact listed below.

Send a copy of your notice of appeal to the Minister of Environment, Conservation and Parks. You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park
5th Floor, 777 Bay Street
Toronto, ON
M7A 2J3


Issuing authority
Sean Fraser
Assistant Deputy Minister

Municipal Services Division
777 Bay Street
Toronto, ON
M7A 2J3
Canada

416-325-5799

Proponent(s)

The Corporation of the City of Kitchener
200 King St W
Kitchener , ON
N2G 4G7
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
025-0255
Ministry reference number
30-OP-251164

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
025-0255
Ministry reference number
30-OP-251164
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

June 4, 2025 - July 4, 2025 (30 days)

Proposal details

On January 28, 2025, the Ministry of Municipal Affairs and Housing received for a decision the City of Kitchener's Official Plan Amendment 45 (OPA 45), which was adopted by City Council on March 18, 2024, by By- law 2024-057.

The More Homes Built Faster Act, 2022 (Bill 23) made changes that removed statutory powers under the Planning Act from seven upper-tier municipalities identified in the legislation. The effective date for the Region of Waterloo was January 1, 2025. As such, the Minister of Municipal Affairs and Housing is now the approval authority for official plans and official plan amendments for lower-tier municipalities in the Region of Waterloo.

The Ministry will review the matter for consistency with applicable provincial land use policies and will consider all feedback received before recommendations are provided to the Minister of Municipal Affairs and Housing for a decision in accordance with Sections 17 and 21 of the Planning Act.

The purpose of OPA 45, initiated by an incorporated numbered company is to amend the Site-Specific Policy 15.D.12.40 to increase the maximum permitted height to 24 storeys for the subject lands designated ‘Mixed Use’ at the southwesterly corner of Huron Road and Strasburg Road. The subject lands are municipally known as 490 Huron Road.

The effect of this amendment will permit a mixed-use development consisting of four (4) multiple dwelling buildings ranging in height from 12-24 storeys and future commercial buildings.

Supporting materials

Related filesClick to Expand Accordion
 
Adopted OPA 45
pdf 9.07 MB
OPA 45 Staff Report
pdf 983.9 KB

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.

Municipal Services Office - Western Ontario
Address

659 Exeter Road
Floor 2
London, ON
N6E 1L3
Canada

Office phone number
800-265-4736

Comment

Commenting is now closed.

This consultation was open from June 4, 2025
to July 4, 2025

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