Back to SearchOn, April 13, 2026, City Council adopted Official Plan Amendment No. 54 under section 22 of the Planning Act and approved Zoning By-law Amendment 2025-047 under section 34 of the Planning Act for 40A Ellis Avenue and a portion of 439 Merritt Street (the adjacent former railway lands).
City Council passed By-laws 2026-046 and 2026-047 to enact their decision. An explanation of the purpose and effect of the by-laws, describing the lands to which the by-law applies, are attached, along with copies of the by-laws themselves.
Public input has been received, considered and has informed the decision of Council.
Complete copies of both by-laws are available for inspection in the office of the City Clerk, City Hall, during regular office hours.
Only the registered owner of the land to which the by-law would apply, specified persons and public bodies as defined in the Planning Act may appeal a decision of the municipality or by-law to the Ontario Land Tribunal. The notice of appeal must be filed with the Clerk or submitted through the Ontario Land Tribunal’s (OLT) e-file portal. The notice of appeal must set out the reasons for the appeal, and the specific part(s) of the Zoning By-law or Official Plan Amendment being appealed. A separate notice of appeal must be filed for each by-law and must be accompanied by Ontario Land Tribunal fee. More information on fees can be found on the OLT’s website: https://olt.gov.on.ca/fee-chart/
Notice of appeal must be received by the City Clerk no later than May 18, 2026.
Important Appeal Information for the Zoning By-law
No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party.
Important Appeal Information for the Official Plan Amendment
The proposed Official Plan amendment is exempt from approval by the Regional Municipality of Niagara. The decision of the council is final if a notice of appeal is not received on or before the last day for filing a notice of appeal.
No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.
If you have questions regarding any of the details of the Official Plan and Zoning By-law amendments, you may obtain information by telephoning the Planning and Building Services Department in City Hall, 50 Church Street, (905-688-5601, Extension 1660) or the City's TTY number (text telephone) 905-688-4TTY (4889) during normal business hours.
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