Statement of Clarification
The City of St. Catharines would like to clarify misleading information circulating online regarding standard procedures, the planning process, and legislative requirements for the 282-285 Ontario Street properties.
The City has full confidence in the integrity and expertise of City officials working on this file and their commitment to provide professional support on a complex remediation and redevelopment project. Consultations between potential developers are scheduled with various City departments, other agencies and in many instances the Mayor’s office, in order for City officials to provide accurate information, direction on legislative requirements and planning procedures, as well as to advise on next steps. Please continue to monitor this page, attend public open houses, and contact staff for factual information regarding this project.
The lands at 282 and 285 Ontario Street were re-designated from Employment to Mixed Use through an Official Plan Amendment (OPA 26), which was adopted by City Council on Nov. 30, 2020, and further approved by the Region of Niagara in March 2021 through a public process. Following appeals to the Ontario Land Tribunal (OLT) OPA 26 was upheld in its entirety and is now in force and effect. The subject properties are now undergoing a Secondary Plan process to determine future uses, densities, and configurations of the lands for future development.
In accordance with provincial regulation, policies and procedures are in place to ensure that development of a more sensitive use cannot occur until a Record of Site Condition and/or Risk Assessment is provided and approved by the Ministry of Environment, Conservation, and Parks. Any development (other than employment uses) can only proceed once it has been demonstrated to the City and the Ministry that any potential contamination of the site has been evaluated and addressed, and that the lands are suitable for the proposed use.
Release of Environmental Assessment Studies
On Nov. 12, 2024, the Information and Privacy Commissioner of Ontario (IPC), issued a decision ordering the City to release the Phase 1 and Phase 2 ESAs for the former GM site. A freedom of information request had been received in May 2022, but the City denied the request as part of its requirement to following the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). The Act provides requirements related to collecting, retaining, using, disclosing, and disposing of records and information with two mandatory exemptions being personal information and third-party information. This request included third-party information and through the MFIPPA process the third party did not consent to disclosure of the requested reports. As a result, the exemption was satisfied, and the records were withheld, as required under MFIPPA.
The City’s decision was appealed to the IPC in August 2022. The IPC then undertook its investigation and appeal process – which the City cooperated to the full extent. Ultimately, the IPC issued its decision that was released November 12, 2024, which resulted in issuing an order to release the third-party documents.
It is a false allegation that the City fought to keep the documents from the public. The City followed all requirements under MFIPPA, requested the mandated consent to release the documents, which consent was denied. As a result, the City had to deny the release of the documents at the time of the request. The City strictly followed the MFIPPA throughout the entire process – as we would with any and all third party or requestor.
The City wants to ensure residents are aware the contents of the reports are dated (Phase 1 from April 2010 and Phase 2 from October 2012), and it is important to understand more recent context. Much work has taken place since the initial EA reports in terms of air quality, surface water monitoring, surface debris clean up, the decommissioning of pits, and the mitigation of PCB migration to Twelve Mile Creek. That data is outdated given the more recent clean-up efforts since 2020, including air monitoring and sampling and surface water sampling and testing undertaken by the Ministry of Environment, Conservation and Parks (MECP).
The MECP continues to monitor the property and conduct sampling, and the results have indicated improvements to stormwater testing samples. These results are posted, when made available, on this page, and we remain committed to transparency, sharing updates from the monitoring agencies, when made available.
Niagara Peninsula Conservation Authority also conducts annual testing and posts its results annually on its website in its watershed report card.
Background
The land at 282-285 Ontario Street, a privately owned property, has been of significant interest to the City and community, given its history, present state, and future opportunities.
The historical use of these lands has helped to shape the City’s economic, social, cultural, and physical landscape. Their use in the future will continue to shape the City’s landscape for generations to come. Triggered by the closure of this long-standing industrial use, and what is now a mostly vacant, 20-hectare brownfield site located in the middle of the city, City Council directed staff to evaluate the conversion of the industrial lands to allow for future alternative residential and mixed-use development.
This will be a complex and detailed process. Planning regulations and policies dictate the process to redevelop these lands, including environmental assessment and remediation. Below you will find information on:
- The process to remediate and redevelop these types of properties.
- The Ontario Street Corridor Secondary Plan, which will establish a clear vision, goals, objectives, land-use policies and permissions, and implementation strategies to guide future redevelopment of the area.
- The City's action plan, first developed in 2020, to respond to concerns about the site, as well as actions taken to date and status updates from the City.
| Planning Considerations |
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The Planning Act, and provincial regulations, provide direction on planning to municipalities and also dictate that any redevelopment must conform to not only planning policies and regulations (including City and Regional frameworks), but also other environmental regulations. Any proposed redevelopment must comply with these plans, or amendments may be required. Prior to being considered by City Council, proponents may initiate discussions with City officials, including preliminary consultations in advance of submitting applications. Once an application has been deemed complete, the legislative public process then begins, which includes public consultation as required. In addition to community engagement, City staff will seek feedback from all relevant departments and outside agencies (including Niagara Region and Niagara Peninsula Conservation Authority), and develop a staff report for Council consideration, including recommendations based on the interpretation of planning policies and principles. Any type of development on a site with potential contaminants will not move forward without following proper legislative requirements. The Provincial Policy Statement requires that such sites be assessed, and remediated as necessary, to ensure there will be no adverse effects. To consider a change of use for a property such as 282-285 Ontario St., an environmental assessment and record of site condition would have to be filed with the Ministry of Environment, Conservation and Parks. Any development other than employment use can only proceed once it has been demonstrated to the City and the Ministry of the Environment that any potential contamination of the site has been evaluated and addressed, and that the lands are suitable for the designated use. City Council can consider an application prior to remediation, however, a holding provision in the zoning bylaw would be applied to the lands. This would require that the environmental assessment and record of site condition be completed in order to lift the provision and allow for the zoning to take effect. |
| Ontario Street Corridor Secondary Plan and OPA 26 |
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In 2022 the City launched a land-use study of the Ontario Street corridor from the QEW, in the north, to Welland Avenue, in the south, leading into the downtown core. The Ontario Street Corridor Secondary Plan, will guide future decisions for land use in that area, including the property at 282-285 Ontario St., which will be a central focus of the study and for future redevelopment. The lands at 282 and 285 Ontario Street were re-designated from Employment to Mixed Use through an Official Plan Amendment (OPA 26), which was adopted by City Council on November 30, 2020, and further approved by the Region of Niagara in March 2021. One of the primary goals of the Secondary Plan Study is to support medium and higher density residential housing with a mix of other smaller scale uses such as retail and service commercial, office, institutional and recreational uses. Although the lands at 282 and 285 Ontario Street are now designated Mixed Use in the Official Plan through OPA 26, they are still zoned as Employment in the City’s Zoning By-law. |
| Action Plan for 282-285 Ontario Street |
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The City of St. Catharines has launched a comprehensive action plan in response to several concerns from residents regarding the former industrial automotive parts manufacturing property at 282-285 Ontario St. Since January 2020, City staff have been working on mitigating concerns related to environmental protection, trespassing and safety at the site in order to keep the city and neighbourhood clean and healthy. ChallengesLike any private property, the City cannot unilaterally act to clean up the site on our own. The City must go through the proper legal channels to ensure the current owner adheres to City by-laws and work with other levels of government, such as the Ministry of the Environment, Conservation and Parks (MOECP), to ensure regulations are followed. Reporting suspicious activityPlease report any suspicious, dangerous or criminal activity at the site to the Niagara Regional Police Service by calling 9-1-1. This could include breaking and entering, trespassing and graffiti. Progress so farSince the action plan was implemented, the City has taken several steps, within the scope of our authority, to address concerns with the site, such as:
Status updates and supplemental informationView the City's status update memoranda and supplemental information reports in relation to the site:
Special Council MeetingView the Special Council meeting with a status update the Ministry of Environment, Conservation and Parks on Dec. 5, 2022. |