Updating and modernization of operational policies supporting the delivery of the provincial Aggregate Resources Act program

Proposal background: aggregate policy updates project

• Since 2009, several changes to the ARA policy framework (including amendments to the act and regulation (Ontario Regulation 244/97), and the standards have rendered aspects of these policies outdated, incorrect, or no longer applicable.
• Changes to other provincial statutory frameworks, government practices, processes, and priorities have also impacted the accuracy, currency, and relevance of some aggregate resources policies.
• We are proposing updates to three policies (replacing seven outdated policies), and one new policy, related to new aggregate applications. We are also proposing to rescind 28 outdated or inaccurate policies.

Policies being proposed for updating or development

• Three of the policies proposed provide information, direction, and guidance regarding the preparation of three specific technical reports which are required by the Aggregate Resources of Ontario: Technical Reports and Information Standards (August 2020) for new aggregate licence/permit applications – namely, Maximum Predicted Water Table Report, the Water Report, and the Cultural Heritage Report.
• Of these, the proposed Water Report and Cultural Heritage Report policy proposals are updates to existing policies whereas the Maximum Predicted Water Table Report policy proposal is a new policy based on a new (2020) requirement in the Aggregate Resources of Ontario: Technical Reports and Information Standards.
• The fourth proposed policy relates to Section 12 of the ARA, which details the specific matters the Minister or the Ontario Land Tribunal must consider when deciding whether to issue or refuse an aggregate licence. This 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.
• If approved, the three updated policies would replace the following aggregate policies:
  1. Updated Water Report policy:
     • A.R. 2.01.06. Licence Applications: Hydrogeological Report Standards
     • A.R. 3.01.04. Wayside Permit Applications: Hydrogeological Report Standards
     • A.R. 4.01.05. Aggregate Permit Applications: Hydrogeological Report Standards (Categories 10 & 12)
  2. Updated Cultural Heritage report policy:
     • A.R. 2.01.08. Licence Applications: Cultural Heritage Resource Report Standards
     • A.R. 3.01.06. Wayside Permit Applications: Cultural Heritage Report Standards
     • A.R. 4.01.07. Aggregate Permit Applications: Cultural Heritage Resource
     • Report Standards (Categories 9-12)
  3. Updated Matters to be Considered in the Issuance of a Licence:
     • A.R. 2.01.10. Matters to be Considered in Issuing / Refusing a Licence

Policies being proposed for Rescinding

• We also propose that 28 policies (including two policy manual appendices), which have become outdated, redundant, or inaccurate, be rescinded (see Supporting materials, below).
• We expect that rescinding these policies and removing them from the aggregate resources policies webpage will reduce burden by providing greater certainty and clarity to industry and the public about current program requirements and processes.
• This, in turn, would contribute to the ongoing modernization and streamlining of aggregate resources policies, thus improving consistency and efficiency in Ontario’s aggregates program delivery.

The environmental consequences of the policy proposals are anticipated to be neutral. The proposed policies reflect previously approved changes to the ARA framework (including amendments to the act and regulation, and development of the Aggregate Resources of Ontario Standards).

The anticipated social consequences of the proposal are neutral to positive. Regulatory standards remain in effect. The policy proposals are intended to provide information, direction/ guidance, and clarity, and remove outdated, redundant, or inaccurate policies.

Regulatory impact analysis

The proposed policy updates will provide the regulated community with greater certainty when completing mandatory reports, including knowing what matters the ministry considers when reviewing applications and making licensing decisions. Rescinding 28 policies would also clarify for the regulated community which policies no longer apply. Consultation with the regulated industry will help inform cost calculations to determine decreases in financial burden to industry.