County and Picton Terminals Enter Talks in Effort to Avoid Court Action
Date: May 01, 2023
The County of Prince Edward and Picton Terminals have agreed to begin formal discussions in an effort to reach a negotiated resolution before potential legal action later this summer. While talks move forward, the County will continue enforcing a bylaw compliance order related to shipping containers recently placed on the property.
In a statement released Monday, Mayor Steve Ferguson said the municipality is aiming to resolve long-standing concerns without entering into a lengthy court process.
“We want to avoid an expensive and drawn-out legal dispute,” Ferguson said. “Our objective is to reach an agreement that addresses the County’s and the public’s serious concerns about the operation of Picton Terminals—issues council took a firm stand on in 2020—while also protecting the long-term interests of the community and the regional economy.”
Negotiation Period Underway
County council has authorized Chief Administrative Officer Marcia Wallace, along with the County’s legal counsel, to negotiate with Picton Terminals and return to council with a proposed agreement for review and final approval.
According to the municipal release, during the negotiation window from May 1 to May 31, Picton Terminals has committed to pausing major construction activities on the site.
The Picton Terminals property spans approximately 25 hectares, located on the south side of White Chapel Road, with roughly 1,200 metres of shoreline along Picton Bay.
Enforcement Action Continues
Despite the ongoing talks, the County confirmed it will proceed with bylaw enforcement concerning the dozens of shipping containers brought to the site earlier this spring.
Because Picton Terminals did not comply with the enforcement order within the two-week deadline, the municipality is now preparing to lay charges in an effort to achieve compliance.
Background on the Dispute
In October 2020, County council rejected a rezoning application from Picton Terminals that would have allowed the development of a Great Lakes cruise ship port and expanded open storage of goods and materials.
Nearly a year later, the Doornekamp family’s company, ABNA Investments Ltd., formally withdrew its appeal to the Ontario Land Tribunal challenging the decision. No explanation was provided at the time.
An unsigned statement posted on the Picton Terminals website in October 2021 indicated the company believed it could continue operating under federal and provincial regulations, asserting that the municipality lacks legal authority to regulate the port.
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