September 25, 2025 To Whom…

September 25, 2025

To Whom It May Concern:

Re: ERO 025-0216
Updating and modernization of operational policies
supporting the delivery of the provincial Aggregate Resources Act Program

The following comments refer to the above posting that proposes changes to three aggregate resource policies, the development of a new police to align with previous changes to the Aggregate Resources Act (ARA); regulations; standards; and rescinds 28 policies considered to be outdated and no longer applicable as part of MNRF’s modernization approach to support aggregate development.

The several changes made to the ARA since 2009 along with other changes to provincial statutory frameworks, government practices and priorities has severely weakened MNRF’ duty of care to the public by consistently shifted responsibility to industry by ‘cutting red tape’ and ‘streamlining’ through deregulation, dismantling environmental protections and rescinding public appeal rights. These modernization measures are driven by Provincial Interests that are focussed on housing and natural resource development. The following narrative brings to your attention some key areas of concern.

Cultural Heritage Report
The scope of the Cultural Heritage Report is narrowly focussed on the archaeological record. Inclusion of Indigenous people for input and consultation regarding cultural heritage is required in respect of the Duty to Consult, Reconciliation and various declarations of the United Nations such as UNDRIP (United Nations Declaration for the Rights of Indigenous Peoples).

New Policies
The scope and depth of the Water Report, Maximum Predicted Water Table Report and Matters to be Considered in the Issuance of a License contain information that needs to be addressed at the initial planning stage. The main concern is the potential for encroachment into the authorities outlined under the Planning Act. Essentially, obtaining a license is a two-step process briefly described as:
Step One - Land Use Planning under the Planning Act determines the best use of land in relation to its location by evaluating the change in land use in relation to: the surrounding landscape, the social/economic context, compatibility with other land uses, current and future development, the inter-connections between the socio-economic, environmental and project specifics as well as the Duty to Consult with Indigenous Peoples. The principle of the land use is established through Zoning which must be in place prior to the issuance of an ARA license.

Step Two – Licensing under the ARA determines the technical merits of the pit operations at a particular site through technical studies, revisiting the social and environment context with consideration for potential impacts and mitigation strategies. Other Ministries provide comment on the operations and application.

Each step provides different perspectives, a different scope of activities and different expertise that becomes muddied when considering the information sources. It is imperative that the robustness of the Planning Act is not undermined. Water reports, for example, are especially significant when determining a particular site is an appropriate location for a gravel pit since the broader landscape is brought into considered along with land use compatibility and potential for impact given it’s a basic necessity for all life. The licensing stage is focussed on resolving issues through mitigation rather than taking a comprehensive view and long term impacts related to water resources approach.

Rescinded policies
The comprehensive list of the 28 rescinded policies of the Policy and Procedures Manual is a significant number that could have repercussions and consequences related to the social and environment aspects and the Ministry’s fiduciary obligations for the public good. There is no indication within the ERO regarding what the policies entail, what their purpose or significance is; what is the reason for rescinding them or what they will be replaced with, if anything

Rescinding these policies from the Operations Manual leaves a gaping hole within the modernization of MNRF’s policies by removing functions that address the comprehensive nature of aggregate policy implementation through MNRF operations. An alternative is not being provided for how MNR staff or any interested party will be able to search for critical information that such a Manual provides.

Respectfully submitted