Aggregate News
Aggregate in Ontario – Approval Process
In a Nutshell
Ontario’s Aggregate Resources Act (ARA) outlines the process for approval of aggregate resources. Aggregate is an important resource to Ontario and since the government is typically the largest user, the process is geared toward negotiating approval if certain conditions are met and keeping the costs low.
Research
When someone (the Proponent) comes up with an idea for an aggregate operation, s/he does some basic research to ensure the proposal is viable. Following the Aggregate Resources Act (ARA), studies are undertaken to look at location and related impacts (water, dust, traffic, wildlife, heritage and culture, etc.) A site plan is developed.
Site Plan - addresses existing features of the pit and/or quarry area (e.g. existing natural features and land use on and surrounding the site within 120m); the proposed operation (e.g. shape, dimensions, area and depth to be excavated, method of extraction); and progressive and final rehabilitation.
Summary Statement - includes information on one or more of the following considerations: land use planning, agricultural classification, quality and quantity of aggregate, haul routes, truck traffic and entrance permits, progressive and final rehabilitation, surface water, and elevation of the established groundwater table.
Natural Environment report - determines the presence of significant natural heritage features/areas and fish habitat and ensures that any necessary preventative, mitigative or remedial measures are undertaken for their protection. A Level 1 report identifies if the features are on-site or within 120 metres of the site. If features are identified, then an impact assessment (i.e. Natural Environment Level 2 report) is prepared to determine any negative impacts on the natural features or ecological functions, and any proposed preventative, mitigative or remedial measures.
Cultural Heritage Resources report - is to ensure that significant archaeological resources are identified, assessed for their significance, and protected (i.e. preserved or collected).
Hydrogeological level 1 report - is a preliminary evaluation to determine the final extraction depth relative to the established groundwater table(s) and the potential for adverse effects to groundwater and surface water resources and their uses. If the level 1 report identifies a potential adverse effect resulting from the operation, then an impact assessment (level 2 report) is required to determine the significance of the effect and the feasibility of mitigation.
Noise Assessment report - is prepared if extraction and/or processing facilities are within 150 metres (for pit applications) or 500 metres (for quarry applications) of a sensitive receptor defined by the Provincial Standards. The report is required to determine whether provincial guidelines can be satisfied.
Blast Design report - is prepared if a sensitive receptor, defined by the Provincial Standards, is based within 500 metres of the limit of extraction for a quarry application. The report is required to determine whether provincial guidelines can be satisfied.
The Proponent is not required to demonstrate need for the aggregate.
Licence Application [Ontario government]
The Proponent then applies for a licence. The proposal is generally (although not reliably) entered into Ontario's Environmental Registry (EBR), and a public comment period is specified. This typically spurs any opposition into formal action. The Proponent has two years to address any objections and respond to the objector.
If opponent(s) believe that there are objections that have not been resolved, the opponent is asked to provide recommendations to resolve the issue. The objector must submit to the MNR and the applicant within 20 days recommendations that may resolve the objections. The recommendations shall be delivered personally or by registered mail within the 20 days or it will be deemed that there is no longer an objection. Any unresolved issues may be presented to the Local Planning Appeal Tribunal (LPAT) (formerly Ontario Municipal Board (OMB)).
Official Plan and Zoning By-law Amendments [municipal governments)]
The proponent must file applications for Official Plan and Zoning By-law Amendments with local municipal governments. The Township has 120 days to respond to the zoning by-law amendment and 180 days to respond to the official plan amendment before the proponent may appeal to the Ontario Municipal Board (OMB).
Application for Emissions Discharge Approval [MOE]
The proponent applies for Approval for discharge into the natural environment other than water (i.e. Air) (typically listed on Environmental Registry of Ontario (ERO)) and there is a public comment period of around 30 days. The Ministry of the Environment (MOE) of Ontario is the decision-maker.
Application for a Permit to Take Water (PTTW) [MOE]
Application for a Permit to Take Water (MOE) under the Ontario Water Resources Act (OWRA). Proponent will be required to submit supporting scientific information which demonstrates that the proposal will result in no adverse impacts to the natural environment, or that any predicted impacts will be adequately mitigated through a contingency plan. When issued, the Permit will contain numerous conditions, including implementation of a monitoring program and contingency plan, annual submission of all data (including daily flow rates and volumes) to the MOE, and preparation/submission of an annual report by a qualified person (P. Geo. Or P.Eng.) that includes an assessment of the water taking on the natural environment.
The proposal may also require a Certificate of Approval from the MOE under the Ontario Water Resources Act.
Application for Approval for Sewage Works (Discharge) [MOE]
Certificates of Approval for Sewage Works (Discharge) must be obtained and used in accordance with Section 53 of OWRA to discharge water as part of quarry operations and from the dewatering system to the recharge wells or any surface watercourse.
Other Possibilities
- Permit for activities with conditions to achieve overall benefit to the species – ESA s.17 (2)(c) with respect to the bobolink, a listed species at risk.
- blasting permit?
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Disclaimer: This information has been compiled through private amateur research for the purpose of allowing the reader to make an informed and educated decision. However, while the information is believed to be reliable, completeness and accuracy cannot be guaranteed.
APPENDICES
APPENDIX A
https://awareontario.nfshost.com/AWARE-Ontario/Issues/Aggregate_General/Agg_Process.htm
APPENDIX B (old info)
Ontario Municipal Board (OMB) Review
Objections are reviewed and judged by the OMB, an expensive and time-consuming process.