Send a message to the OLT!

Citizens can send a message by requesting “Participant Status” to the Ontario Land Tribunal. Status will give you access to telephone conference meetings and the hearing but only to listen to proceedings. The lawyers are the only ones who may speak at OLT hearings. Fill out the Participant Status request form HERE and email it as an attachment to Paul.DeMedeiros@ontario.ca

If your request is granted, your message will be included and you may receive an invitation to attend the hearing to listen in. The hearing is set to begin on October 2, 2023.

Please use the notes below as a guide for your message. Don’t copy/paste or it will be discarded. Choose a few points from this list. Max word count: 180

-- The HCA turned down this scheme twice - once when the proponent applied for a permit; and again when the HCA decided not to have an offsetting policy that would allow such developments. The OLT should respect the HCA deliberations.

-- The appeal before the OLT, if accepted, would reverse long-standing policy of both the provincial government and Conservation Authorities across Ontario to protect wetlands. Hamilton has already lost 97% of it’s wetlands.

-- The Garner Marsh is the headwater of Ancaster Creek which is a rare “coldwater creek” that supports biodiversity which can only survive in a cold water environment.

-- The decision to move the marsh should not be combined with the developer’s appeal to the City of Hamilton for non-decision on a prior abandoned application which lapsed years ago. That 2018 application pre-dated the attempt to pave the marsh and would have resulted in mandatory public notice to affected neighbours which won’t happen through this attempt to get a permit to destroy (and allegedly compensate) the wetland through an appeal.

-- The appellant has disqualified itself from any claim to be sensitive to the wetland qualities and the wildlife that inhabits and uses it. They did this by ordering the spraying with pesticides of the crops in the fields adjacent to the wetland certainly resulting in air drift and runoff affecting the wetland.

The appellent misrepresented the Marsh in its presentation to the HCA with these claims:

”There is no wetland on the property”

False. The Marsh is listed on provincial mapping and has been identified by the HCA as a ‘locally significant wetland’. The Urban Hamilton Official Plan states that Natural Heritage System wetlands will be protected. Wetlands are defined as “Core Areas” in the Official Plan. The Garner Marsh is situated over a Highly Vulnerable Aquifer and groundwater in this area is highly sensitive.

”There was only one single American toad calling during amphibian calling surveys”

False. In fact, during the Environmental Impact Assessment, American toads were in such abundance at the Marsh that their calls were listed as “Code 3 - Full chorus; calls continuous and overlapping, when there are so many males of one species calling that all the calls sound like they are overlapping and continuous (like a blur of sound).

The Phragmites in the Marsh is “destroying the ecosystem and habitat” of the Marsh.

False. Although Phragmites is present in the Marsh, the dominant species is Cattail. Phragmites is invasive but its presence is controllable and is by no means a reason to destroy the Marsh.

“The wetland is a good candidate for location adjustment and enhancement because there are no open water habitats.”

False. The Marsh is located in a ‘significant groundwater recharge area’ meaning most of the water is subsurface. It supports species both in the Marsh and downstream that rely on this characteristic and the coldwater creek (Ancaster Creek) whose source is here. Ancaster Creek is one of the few coldwater creeks in the area, supporting coldwater aquatic life downstream such as brown trout. Additionally, it’s proximity to the Hamilton Airport means open water is highly discouraged as it would attract waterfowl

The Marsh supports “Limited Biodiversity”

False. Identified at the Marsh were more than fifty types of birds, multiple species of amphibians, dragonflies and reptiles, as well as white-tailed deer and eastern cottontail. Additionally, the land surrounding the Marsh supports salamanders, foxes, coyotes, bats, and serves as a staging area for migrating birds like Tundra Swans who pass through each spring, stopping here to rest. There were two nationally significant species, two provincially significant species and eight locally significant species identified at the Marsh.

“The Marsh is isolated from adjacent natural areas”

False. The Marsh is connected to a natural heritage system recognized in the Hamilton Official Plan. There are hedgerows and thickets all around the Marsh as well as a large woodlot at the back of the property in proximity to core natural areas and linkages, providing a valuable connection to other natural heritage features in the headwaters. Additionally there is a hydro corridor at the back of the property that serves as a major linkage. The Marsh is situated over a Highly Vulnerable Aquifer and groundwater is highly sensitive in this area.

The Marsh “Does not support at-risk or locally important species”

False. A Blandings Turtle was rescued from Garner Road close to the marsh in 2018. Milkweed and Monarchs are present here and the woodlot on the site contains endangered American Chestnut, Eastern Wood Pewee and has been identified as likely habitat for maternal bat colonies. The wetland is a valuable food source for the bird, bat, butterfly and dragonfly populations who dwell here and in the area.