I have reviewed the changes…

I have reviewed the changes proposed by the Ministry of Natural Resources. Overall, 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.

I fully support the recommendations put forward by the Reform Gravel Mining Coalition, as follows:

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. FCPG has provided comments on proposed MNR policy updates that require a more detailed response below.

Matters to be considered in the Issuance of a Licence

The MNR states that this proposed new policy “will help applicants understand what the ministry considers when reviewing a licence application and will provide guidance to staff in their review of applications and when making recommendations to the Minister for licence applications under the Aggregate Resources Act.” We recommend that the following addition be made to the list of matters the Minister and Tribunal member shall have regard to:
• the effect of blasting on public safety, for blasting quarries.
• any possible effects to local air quality emissions.

In applying Section 12 of the ARA, the MNR proposes, in the new policy, that municipal comments and recommendations(c), must be “carefully considered” by the MNR and may be included as site plan conditions, especially regarding official plans, zoning by-laws, and truck traffic. We recommend that the language in this section recognize the local planning authority, to this end,we suggest the wording be changed from ‘will be carefully considered’ to ‘must be consistent with the Official Plans and’ zoning bylaws as they relate to economic, health and safety matters.

Cultural Heritage Reporting

We recommend this section of the policy document receive input from Indigenous Peoples. 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 we suggest ‘may require’ be changed to shall require.

Expansion of a licenced area

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. We are 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.

A.R.2.03.02 Licence Site Plan Amendment to Extract Within Water Table

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. We are further concerned that this policy change reduces transparency for the public.

Enforcement and Compliance AR 7.00.01 Provincial Offences Act (POA)

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. We are 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. We 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.