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Burlington, Ont. - Sept. 15, 2026 - The City of Burlington will file a request for review of the Ontario Land Tribunal’s (OLT) Aug. 18, 2026 Nelson Aggregate Co, quarry decision. This will include an application for judicial review with the Divisional Court before the Sept. 17, 2026 deadline.
Following a detailed review, the City’s legal counsel identified issues with the decision that warrant further consideration. The City is pursuing both processes to preserve the legal options available within the required timelines.
The City’s Commissioner of Legal and Legislative Services/City Solicitor has exercised delegated authority under the City’s Delegation of Authority Bylaw to commence the proceedings, in consultation with City staff and external legal counsel. This allows the City to meet the required filing deadline and protect its legal interests.
As these matters will be before the Tribunal and the Court, the City will not comment on the specific legal grounds or arguments that form the basis of the proceedings. The City has consistently raised concerns about the proposed quarry expansion and will provide further updates as the legal processes proceed and when information can appropriately be shared publicly.
Background
On Aug. 18, 2026, the Ontario Land Tribunal released its decision allowing Nelson Aggregate Co.’s appeals related to the proposed expansion of its existing quarry onto lands south and west of the current quarry.
The applicable legislation does not provide a right of appeal. It does, however, allow parties to request a review of the decision by the OLT Chair and to apply for judicial review by the Divisional Court. Both processes must be initiated within 30 days of the Tribunal’s decision. The filing deadline is Sept. 17, 2026.
City Council is currently subject to the restricted-acts provisions under section 275 of the Municipal Act, 2001. These provisions apply because fewer than three-quarters of the current members of Council will form the next Council following the municipal election. During this period, Council cannot authorize an unbudgeted expenditure or incur another liability exceeding $50,000.
Authority delegated before the restricted period remains in effect. This enables the Commissioner of Legal and Legislative Services/City Solicitor to commence the proceedings under the City’s Delegation of Authority Bylaw.
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Media contact:
City of Burlington Corporate Communications
communications@burlington.ca
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