The primary beneficiary of…

The primary beneficiary of the policy updates appears to be the aggregate industry rather than the people of Ontario. Many of these updates reduce accountability and further limit public knowledge of changes to pits and quarries, such as below the water table mining.

It is positive to see proposed policy changes that require the MNR to issue a licence only if the MNR is satisfied that future aggregate operation will have no negative impacts on groundwater and surface water resources. Additionally, the incorporation of the Agricultural Impact Assessment in prime agricultural areas requiring that negative impacts be avoided or minimized is a welcome update.

"Depending on comments received or interest expressed in response to the application, MNR may require that the operator engage interested/impacted Indigenous communities during archaeological studies undertaken in AP areas." At the very least ‘may require’ be changed to 'shall require'. The Cultural Heritage Reporting section of the policy document must receive input from Indigenous Peoples.

The proposed update to expanding a licenced area may allow for a more simplified process for aggregate companies, instead of having to file a new licence. I am concerned that this change fails to meet the need for due diligence. There is a risk that expanding a pit or quarry without adequate assessment will present risks to environmental health, public health and safety or fail to address existing regulatory compliance issues.

Eliminating the requirement that "extraction into the water table within 1.5 metres for a pit and 2 metres for a quarry undergo a site plan amendment with technical studies, MNR reviews, and public notification" is problematic. Removing the proposed policy unduly benefits aggregate companies while transferring the risk to local wells and possible contamination of aquifers to the public and government. I am further concerned that this policy change reduces transparency for the public.

It is positive to see the Ministry considering policy changes that require the "MNR to check whether the applicant has a history of repeated violations concerning other aggregate licences or permits that the applicant holds, and whether the violations were corrected or are still outstanding." In the same policy update the MNR is rescinding the internal enforcement policy that gives inspectors structured guidance and accountability for escalating to charges. I am concerned that prosecutions will become non-existent, since inspectors will not have a policy framework pushing them to escalate violations.

In its 2023 report, Ontario’s Auditor General noted the importance of adopting additional enforcement tools needed to address non-compliance as less than 1% of violations were referred for charges under the enforcement branch. According to the report, "a lack of enforcement not only undermines the Act’s purpose “to control and regulate aggregate operations,” it also increases the risk of negative impacts on nearby communities and the environment." I strongly recommend retaining and strengthening enforcement and compliance policies under the ARA to minimize risks to communities and nearby residents while at the same time encouraging greater accountability within the industry.

Thank you for your consideration of these comments.