In the 1950’s the Ontario…

In the 1950’s the Ontario Government under the leadership of the Honourable Leslie Frost opened up cottage ownership to thousands of Ontario residents through the sale of lakefront lots on Crown Land. Many of these cottages with decades of happy memories have been passed through generations of the same families, all believing the crown lands surrounding their cottages provided them with a buffer from the incursion of industrial activity, so that they could enjoy the beauty of Ontario’s lakes and rivers. Without detailed knowledge of regulations Owners also took further comfort in the application of local zoning bylaws, which traditionally were protective of recreational waterfront uses.

These owners contribute significantly to the economic life and employment in the areas in which they are located, many of which are otherwise areas where economic hardship is evident

Policy A.R. 2.01.10 of the Aggregate Resources Act requires that “Prior to the issuance or refusal of a licence” under the Aggregate Resources Act, the Ministry The Minister ….. shall have regard to a number of planning, environmental matters and such other matters as are considered appropriate.” Among those matters (with sub-paragraph references are:

(b) Effect of the operation on nearby communities
Matters which may impact nearby communities can include: noise, dust, vibration, truck
traffic, and surface water and groundwater impacts. Many of the impacts associated with an operation (e.g. noise, dust) may be mitigated through the Prescribed Conditions.
(c) Municipal comments in which the site is located
Municipal comments may include matters such as, haul routes, official plan, zoning by-laws, final rehabilitation, etc.
(g) Planning and land use considerations
The location of land described in the site plan must comply with all relevant zoning by-laws. If doubt exists, especially with legal non-conforming status, the Minister may require the applicant to refer the matter to the Superior Court of Justice for a declaratory judgement.
The local, county or regional municipality or the Ministry of Municipal Affairs and Housing (MMAH) will address any local planning concerns and conformity to the appropriate zoning by-laws.
Municipal comments must indicate the site is zoned or needs to be re-zoned to allow the establishment of a pit or quarry. Legal non-conforming use is considered appropriate zoning.
Consideration must also be given to whether or not the proposed operation and
rehabilitation meets the requirements of other planning initiatives and authorities (i.e. Oak Ridges Moraine Conservation Plan, Niagara Escarpment Plan, Greenbelt Plan,
Conservation Authorities, sensitive land use areas)

Recently, as a result of the case law established in Glaspell v Ontario, 2015 ONSC 3965 waterfront owners were able to take further comfort in the application of local zoning to activities by private parties on Crown Land

Currently, proposed changes to the Aggregate Resources Act contained in Bill 132, Better for People, Smarter for Business Act, 2019 indicate that the amendments will:

“clarify the application of municipal zoning on Crown land does not apply
to aggregate extraction”

It is insufficient to proceed with a carte blanche denial of the application/consideration of municipal zoning and/or the protections it provides to the thousands of Ontario citizens owning waterfront lands, without including in the changes, regulations or guidelines which replace these protections. To do otherwise, threatens the family legacies and investments of Ontario citizens whose properties are in areas of risk relative to new aggregate operations which would utilize these amendments. For many of these citizens, the family cottage is a significant component of family wealth and often the targeted location for eventual retirement living.

Although some initiatives are necessary to ensure an adequate supply of aggregate to support the infrastructure for economic growth, it is also necessary to ensure that a “one size fits all” solution does not produce unintended consequences throughout the Province. The Ministry’s announcement states “These operations are located across our diverse province, and the regulatory framework that manages them must be fair and predictable and flexible
enough to be effective.”

We would respectfully request that:

1. With regard to set back from waterfront properties, Municipal zoning be given full weight and compliance required in evaluating aggregate applications unless:
• the Applicant can demonstrate both inadequate local supply or alternative complying sites in the area

2. The Ministry should set some minimum guidelines in all cases for the location of aggregate applications in proximity to occupied lakefront property, such as:
a. Minimum 2,000 metre setback from activities such as crushing
b. Minimum 1,000 metre setback from site boundary to waterfront
c. Restrictions on noisy operations such as crushing during the summer season.