Managing Ontario’s Aggregate
Resources
Melancthon Mega Quarry
Proposed by The
Highland Companies
Today’s aggregate resource management
policies evolved from the following legislation:
1971 - Pits and Quarries Control Act
1982 - Aggregate Resources Planning
Policy
1986 - Mineral Aggregate Resources
Policy Statement
1990 - Aggregate Resources Act
HISTORY
Aggregates
policy in
Until
the 1970s, the Planning Act enabled municipalities to establish by-laws to
prevent the opening of new pits and quarries. This changed in 1971 with the
introduction of the Pits and Quarries
Control Act, which came about in response to a request by the aggregate
industry that Ministry of Natural Resources (MNR) review aggregates issues in
the province.
The
Pits and Quarries Control Act established a licensing system for aggregate
extraction operations, to be administered by MNR, which applied to important
production areas in
Provincial
planning for aggregates became increasingly formal in the early 1980s with the
cabinet approval of the Aggregate
Resources Planning Policy in 1982.
In
1986 the provincial government introduced the Mineral Aggregate Resources Policy Statement (
The
The
recommendations of the Commission on Planning Development and Reform were
implemented as the Comprehensive Set of Policy Statements, which formed the
basis of the current Provincial
Policy Statement. The general planning principles for aggregates first
established in
Aggregate Resources Act
The
Aggregate Resources Act (
The
In
1997, standard criteria were introduced for licence,
aggregate permit and wayside permit applications. The Aggregate Resources of Ontario Provincial Standards (AROPS)
establish the specific conditions and operational standards that an aggregate
extraction operation must follow. However, the standards have been criticized
for not establishing tests that producers must meet prior to the approval of a
new operation or the expansion of an existing operation.
In
addition to the provincial standards, MNR has developed the Aggregate Resources Program Policies and
Internal Procedures Manual to guide implementation of the
The
purposes of the Aggregate Resources Act are to provide guidelines for the
management of aggregate resources in
The
Minister of Natural Resources is responsible for the administration of this Act
and in doing so, the Minister may initiate studies and
research related to the aggregate industry including environmental and social
matters.
For
an overview of the application process click here.
Licences
Any
person may apply to the Minister for a licence to remove aggregate from privately
owned land that is zoned to allow for aggregate extraction.
o
Class
‘A’ licence allows for removal of more than 20,000 tonnes of aggregate annually
from a pit or quarry
o
Class
‘B’ licence allows for the removal of 20,000 tonnes or less
A
licence applicant may be required to furnish additional information in such
form and manner as is considered necessary by the Minister,
and until the information is furnished, further consideration of the
application may be refused.
Every
application for a licence shall include a site plan and reports in accordance
with the Regulations. These may include
reports on planning and land use considerations, quality and quantity of
aggregate on site, haulage routes and truck traffic. An applicant must also furnish information
satisfactory to the Minister describing the zoning by-laws applicable to the
site and adjacent lands.
Once
the application is submitted, the applicant must abide by the prescribed
notification and consultation process which, amongst other things, requires
that they hold an information session for the public, provide written notice of
the application to adjacent landowners, advertise the application in the local
newspaper and post a sign on the property indicating that a licence application
has been submitted for the site.
During
this 45 day notification period, any member of the public may object or comment
on the application, and if they file a written objection with the applicant and
the Ministry of Natural Resources within this time, the applicant must attempt
to resolve the objections.
Under
the Environmental Bill of Rights, the MNR is required to publish new licence
applications on the environmental registry for a minimum of 30 days which
provides an alternate forum for public or municipal comment or objection.
At
the completion of the notification and consultation period, the applicant is
required to submit
to the Ministry a summary of all of the objections, how the applicant attempted
to resolve the objections, and whether there are any objections that they were
not able to resolve.
If
there are unresolved objections, the Minister may refer the application to the
Ontario Municipal Board for a hearing.
Objectors have an opportunity to attend the hearing and raise their
concerns before the Board.
The
OMB may then direct the Minister to issue or refuse the licence. If no hearing is required, the Minister will
determine whether or not to issue or refuse the licence.
In
both cases, consideration for issuance or refusal shall have regard to:
a)
the effect of the operation of the pit or quarry on
the environment
b)
the effect of the operation of the pit or quarry on
nearby communities
c)
any comments provided by a municipality in which the
site is located
d)
the suitability of the progressive rehabilitation and
final rehabilitation plans for the site
e)
any possible effects on ground and surface water
resources
f)
any possible effects of the operation of the pit or
quarry on agricultural resources
g)
any planning and land use considerations
h)
the main haulage routes and proposed truck traffic to
and from the site
i) the
quality and quantity of the aggregate on the site
j)
the applicant’s history of compliance with the Act and
the regulations, if a licence or permit has previously been issued to the
applicant
k)
such other matters as are considered appropriate
If
the Minister refuses to issue the licence, the applicants may appeal to the
OMB.
Tariff
Under
the
In the case of the proposed Mega
Quarry, the fee breakdown would be as follows:
12/23 goes to Melancthon
3/23 goes to
1/23 goes to the Aggregate Resources
Trust (this money is used to rehabilitate abandoned quarries and is also used
for research)
7/23 goes to the Crown
Other Provincial & Federal
Legislation Affecting Aggregate Extraction
Even
when all requirements are met under the Aggregate Resources Act, the licence
applicant may still be required to obtain approvals under other legislation,
both Provincial and Federal. This holds
true throughout the application process as well as throughout the duration of
the quarry or pit operation.
Provincial
legislation includes Conservation Authorities Act, Endangered Species Act,
Environmental Assessment Act, Environmental Bill of Rights, Environmental
Protection Act, Ontario Water Resources Act, Occupational Health & Safety
Act, Public Transportation and Highway Improvement Act and the Planning
Act.
Federal
legislation includes the Fisheries Act, Migratory Birds Convention Act and
Species at Risk Act.
UPDATE
On
Baylis
presentation to Committee (Orangeville
NDACT/Cosack presentation to Committee (Orangeville
Association of Municipalities of Ontario (AMO) presentation to Committee (
Cement Association of Canada presentation (
Niagara
Escarpment Commission letter (
Standing
Committee on General Government Link – watch this site for the upcoming
agenda and referrals for the
Transcripts:
1.
2.
3.
4.
5. Orangeville (
6. Kitchener-Waterloo (
7.
8.
Get
Status/Participate in the Committee Link
The time
has come to stop developing aggregate resources at the expense of all else.
Recommendation
for Changes to ARA as compiled by D. Baylis
Overview - proposed mega-quarry
Return to www.facebook.com/friends.of.ndact
|
Date |
Source |
Title |
Comment |
|
2013-05-13 |
Orangeville Banner |
Chris Halliday |
|
|
2013-04-30 |
Alliston Herald |
Maija Hoggett |
|
|
2013-04-18 |
Orangeville Banner |
|
|
|
2013-04-17 |
Green Party of |
Open
Letter: Time to complete review
of Aggregate Resources Act |
Mike Schreiner, Leader |
|
2013-04-17 |
Orangeville Banner |
Bill Tremblay |
|
|
2013-04-11 |
Comment |
The
review was effectively cancelled once government was prorogued. Now that Kathleen Wynne has been named
Premier, cabinet has been shuffled and it is business as usual at Queen’s
Park, it is time to demand that the |
|
|
2012-08-17 |
Comment |
The
public aspects of the Have
a Voice! Don’t let anyone else make
decisions for You and Your Kids. |
|
