A request from Hamilton City Council to Ontario’s Minister of Municipal Affairs and Housing for a Minister’s Zoning Order for the Jamesville site remains under review.
Late Friday afternoon (September 19, 2025), Mayor Andrea Horwath said she is expecting a decision in the near future.
Earlier on Friday afternoon, with the MZO review ongoing, the Ontario Land Tribunal formally set aside ten dates beginning on August 10, 2026 for a contested hearing in the event the Ontario Conservative government denies the MZO request.
The City of Hamilton is asking for the MZO to bypass an Ontario Land Tribunal appeal filed by CN Rail regarding the City-sponsored redevelopment of the Jamesville site at 405 James Street North.
The MZO requested by Hamilton prioritizes the development of for-profit housing and contains no provisions guaranteeing net new deeply affordable (or even affordable) housing. The order would allow the private development group to immediately build the easiest and most profitable form of housing on the site: stacked townhouses.
Hamilton’s request for an MZO is unprecedented. If approved, it would be the first in the province to override concerns from a federally-regulated industry.
In August 2022, last term’s City Council approved the redevelopment of the Jamesville site, which is approximately 230 metres east of CN’s Stuart Street shutting yard, without the noise and dust mitigation measures requested by CN.
CN is concerned that housing built without its requested mitigation measures will create a conflicting use between the new residents and CN’s operations.
Deal, No Deal
In September 2022, CN filed an appeal to the OLT seeking these mitigation measures be required.
The OLT set mid-May 2024 for the contested hearing dates.
Negotiations between the City and CN were nearing a deal in early 2024, and the May hearing dates were cancelled.
At various points during 2024, the sides appeared close to a deal.
Then, in November 2024, it appeared there would not be a settlement.
The OLT set February 18, 2025, as the date for the contested hearing to begin.
On January 22, 2025, Council held a closed session discussion regarding the settlement discussions.
At 4:00 p.m. on that day, the hearing cancellation was announced.
In the hours that followed, something developed that made it appear a deal was imminent.
Shortly after 9:00 p.m. that same day, Mayor Andrea Horwath called an emergency no-notice Council meeting for the next day (January 23). Horwath stated it was necessary to immediately “make sure that we’re keeping councillors up to speed” on settlement talks to reach a “resolution.”
The meeting occurred, direction was given, and negotiations continued throughout the winter and early spring.
It became apparent by April that the sides would not reach any agreement, and the City began lobbying for an MZO.
OLT Hearing Would Proceed if MZO Not Granted
The OLT hearing will only proceed if the MZO is not granted, or if the Minister of Municipal Affairs and Housing decides to request the OLT to decide on some aspects of the development.
Production Details
v. 1.0.0
Published: September 20, 2025
Last updated: September 20, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version
Just build it.