A permanent injunction application has been served to the owners of Picton Terminals and ABNA Investments Ltd. by the Prince Edward County government.

Dated Oct. 5, the Ontario Superior Court application for permanent injunction injunction calls for a restraining of all development at Picton Terminals—located in Picton Bay, Lake Ontario—that have not been approved by the County.

In 2018, Picton Terminals was recognized by Ontario Superior Court decision to have part of its lands deemed legal non-conforming use for trans-shipment of bulk commodities. Then in 2019, the company applied for a zoning by-law amendment to allow for greatly expanded transshipment facilities, cruise ship docking and open storage at the site. But the zoning amendment was denied by the municipality, and since then Picton Terminals has been excavating at its site for the purpose of constructing structures (without municipal permit).

Owner ABNA Investments previously appealed the municipality’s denial to the Ontario Land Tribunal, but it dropped its case in late 2021. Now, Picton Terminals contends that its port is federally regulated and is not subject to the jurisdiction of the province and municipality, according to the application.

Prince Edward County contends that Picton Terminals is not a port under the federal Canada Marine Act, and that even though there is a concurrent federal regime that applies, provincial and municipal laws do not intrude on it, and thus still also apply.

The municipality also believes there will be broad and serious consequences for its ground and surface water, transportation infrastructure and noise/air pollution if expansion at Picton Terminals prevails (see gallery below for the full court application). Local environmental NGO County Conservancy is urging members of the public to support "the Mayor, the CAO and Councillors in this important legal action."

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