Harbour Timeline

Chronology Of Key Events At The Oshawa Harbour

Date Event
Dec 22, 1966

City transferred ownership of 61 acres to the Crown until such time as the lands or any part therefore cease to be used for harbour purposes by the Oshawa Harbour Commission (OHC).

Nov 6, 1972

City and CN Rail enter into an agreement with CN to construct the Farewell Rail Spur. However, the City reserved the right to repurchase the spur lands in the event that the lands ceased to be used for railway purposes.

Jul 6, 1992

Oshawa Council endorses Southeast Oshawa Planning Study, Area No.1 and Area No.2, (which includes the harbour area) on the basis of certain recommendations, including (but not limited to):

  1. endorse "in principle the need for the retention of industrial port facilities in the Region of Durham and that such facilities should be accommodated at the Oshawa Harbour and/or elsewhere in the Region"
  2. requesting Durham Region to "undertake appropriate initiatives and investigations, and support other agency and government initiatives, to secure an alternative industrial port facility in the Region of Durham to accommodate existing and future port-related industrial uses from the Oshawa Harbour"
  3. requesting the OHC to "discourage the general pursuit of any industry which will enhance port revenues at the expense of environmental and community well-being concerns and instead, work with the City of Oshawa in pursuit of a co-operative and attractive vision for the Oshawa Harbour".
Dec 4, 1995

Oshawa Council endorses the Oshawa Urban Design Study as its conceptual vision for the area. The purpose of the study was to serve as a guide for redevelopment of the harbour as a multi-use centre of residential, recreational, commercial and industrial activity.

Nov 5, 1996

Ontario Municipal Board issues Decision and Order respecting Official Plan and Zoning By-law Amendments for certain lands in the harbour area. The current Oshawa official plan designations and zoning reflect this OMB decision.

May 12, 1997

Ontario Municipal Board approves Urban Design Guidelines for the Gifford Hill, which are intended for the creation of a distinctive employment precinct.

May 19, 1998

Oshawa Council requests Federal Government to return the caveated lands at no cost.

May 19, 1998

Oshawa Council requests Federal Government to undertake any necessary legislative or other steps to transfer to the City the assets and responsibilities of the OHC.

Oct 5, 1998

Oshawa Council passes a resolution that

  • "the Oshawa Harbour is the most appropriate site for a port facility within the Region of Durham"
  • "endorses the retention of an industrial port facility within the Oshawa Harbour as generally envisioned in the Mixed Use concept"
  • "Re-affirm its continued support for a publicly owned and locally operated, efficient and competitive port facility within the Oshawa Harbour with strong, accountable community and port user participation".
Oct 5, 1998

Oshawa Council requests the Minister of Transport to allow the City to review and participate in the consideration of any application by the OHC for Canada Port Authority status.

July 26, 1999

Oshawa Council directs that the Oshawa Harbour Development Agency, as contained in the report "A Management Strategy for the Port of Oshawa" serve as the basis for the City’s discussions with the Federal government regarding the future governance of the Oshawa Harbour"

The study included the following conclusions

  • The port can no longer be managed as an entity isolated from its environs
  • An arms length corporation, owned by the City, has the best potential to link the financial, environmental and land development expectations of the community with those of the port users towards a more balanced management structure.
Mar 9, 2000

Transport Canada issues a news release advising that the Port of Oshawa will be given Canada Port Authority status.

Mar 20, 2000

Oshawa Council reaffirms its request for return of the Caveated Lands, and indicates its disappointment with the CPA announcement.

May 21, 2002

OHC issues a press release stating that the marina is to be changed to a day use facility. The Oshawa Harbour Commission proposed a two phased approach which would ultimately (1) fill in the third and second basins, and (2) Convert the marina to a day-use facility.

June 10,2002

Oshawa Council pass resolutions including the City confirms its vision is of a full service marina and requests the decision be delayed to close the marina.

Oct 1, 2002

Marina no longer open to public for boating.

Sept 2003 to Mar 2004

OHC, Transport Canada, and City of Oshawa enter into non-binding mediation on Harbour Issues. Mediation is unsuccessful.

Dec 1, 2003

City receives study entitled Phase I and II Environmental Site Assessment for selected Harbour lands from Transport Canada.

The study identified a number of contaminated sites within the harbour area. Remediation costs ranging from an estimated $2.3 million using a risk management approach (where the majority of contaminated soil is managed on site) to $29.2 million using a full clean-up approach (where contaminated soil is removed).

Oct 22, 2004

OHC advises City that it has declared certain crown lands and caveated lands to be no longer required for port purposes and an Order-in-Council be requested to divest the Commission of the responsibility for administration.

Not all "caveated" land was proposed to be returned and portions of the crown land on the west wharf was being retained.

Jan 17, 2005

In response to a request from the OHC that Council permit a level rail crossing across Harbour Road, Oshawa Council passes a resolution indicating that it is premature to take a position on the proposed rail crossing of Harbour Road until other land issues have been resolved.

Apr 20, 2005

Transport Canada advises of the decision not to pursue the process of Canada Port Authority implementation for the Oshawa Harbour Commission.

Apr 25, 2005

Council directs a land use study be prepared for lands north of Harbour Road, west of Montgomery Creek, south of Wellington and east of Simcoe Street, and passes and Interim Control By-law.

Apr 29, 2005

Transport Canada announces it will conduct a site-specific risk assessment of the marina. Up to $1.5 million in funding for environmental work to be cost-shared with the City has been earmarked for the marina.

Jul 18, 2005

Council denies request by Gerdau AmeriSteel Recycling for an easement across a portion of Montgomery Creek for a rail spur.

Staff report concluded that "implications associated with intensifying the existing recycling operation, reactivation of the rail spur and introducing rail service west of Montgomery Creek exceed the benefits attributable to Gerdau’s proposal.

Apr 7, 2006

CN Rail submits application to the Canadian Transportation Agency for approval of a rail spur and road crossing.

Jun 5, 2006

City submits letter to the Canadian Transportation Agency that serves the following purposes:

  • formal objection to the proposed construction of an at-grade crossing of Harbour Road
  • initial submission to the Canadian Transportation Agency requesting them to stay CN’s application pending resolution of outstanding property disputes
  • notice that failing resolution of property dispute, court applications will be commenced

Over the course of 7 days the City collected over 770 signed letters of opposition from residents and various stakeholders.

July 28, 2006

City files a Statement of Claim against Canadian National Railway Company, Oshawa Harbour Commission and the , Attorney General of Canada, which includes the seeking of an interim and permanent injunction restraining CN from constructing the proposed spur, as well as the return of rail spur and caveated lands.

Oct 2, 2006

Council endorsed Terms of Reference for the Waterfront Master Plan and engaging consultants.

Nov 22, 2006

Public Open House on Waterfront Master Plan.

A number of issues were raised including the criticism that planning process will not be effective as long as the Oshawa Harbour Commission is in control of Harbour Area.

Apr 10, 2007

Council adopted Official Plan and Zoning By-law Amendment that implement the recommendation to permit residential land uses within the Harbour Road Study Area. Amendments have been sent to the Region for final approval which has been delayed as a result of an appeal of related Amendment No. 114 to the Durham Regional Official Plan to the Ontario Municipal Board.

May 25, 2007

Canada Transportation Agency announces that the public would be given the opportunity to participate in the updated environmental screening report.

June and July 2007

City submission in June 2007 to the Canada Transportation Agency identifies a number of reasons why the Environmental Assessment does not provide sufficient information to support application. Follow-up letter sent in July 2007 to the CTA responding to comments made by CN on the City’s submission.

City’s concerns included, but were not limited to, the usage of the rail spur could easily expand substantially beyond that assumed for the Environmental Assessment, thereby generating spur-related cumulative effects.

August 20, 2007

Canada Transportation Agency (CTA) releases screening decision on the environmental assessment report. CTA determines that the project is not likely to cause significant adverse environmental effects taking into account implementation measures.

Sept 12, 2007

Minister of Transport, Infrastructure and Communities announces the appointment of David Crombie as the federal representative and facilitator of discussions concerning the divestiture of the Port of Oshawa.

Sept 13, 2007

Canada Transportation Agency releases decision on application for the proposed rail spur and determines that the location is reasonable and authorizes CN to construct a road crossing at Harbour Road.

Sept 2007 to Feb 2008

City and various stakeholders meet with David Crombie to discuss Oshawa Harbour issues.

City agrees to refrain from legal action on the rail spur and return of caveated lands during discussions.

Feb 2008

David Crombie files his report and recommendations to Transport Canada.

July 18, 2008

Mayor John Gray files a Freedom of Information request as a way to obtain the Crombie Report.

Sept 2, 2008

Federal government releases the Crombie Report.

NOTE: Table does not represent an exhaustive list and attempts to provide a brief summary of certain key notable events

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