November 4, 2019 Andrew…

November 4, 2019

Andrew MacDonald
Natural Resources Conservation Policy Branch
300 Water Street
Peterborough, ON K9J 8M5

RE: ERO 019-0556 Proposed amendments to the Aggregate Resources Act

HISTORY OF NDACT
North Dufferin Agricultural and Community Taskforce (NDACT) is a grassroots group formed in 2009 by local farmers and residents to defend Melancthon’s prime farmland at the headwaters of 5 rivers from a proposed mega-quarry.

After a successful campaign, NDACT continues to fight for farmland and source water by developing awareness, encouraging people power, and by promoting better legislation. Food & Water First is a campaign of NDACT.

“…. prime agricultural lands, Classes 1, 2, and 3 and specialty croplands, are a very limited resource in Canada. Only 5% of the Canadian land mass is made up of prime land. Only 0.5% of it is Class 1. 50% of that land is in Southern Ontario and 20% of that is Class 1-the best of the best and extremely rare. Unfortunately, it occurs in one of the fastest-growing regions of the country. This conflict is easily explained. Ontario was initially an agrarian society. Settlement was most successful in good agricultural areas. The successful agricultural communities attracted service industries and the area grew. When development occurred, level farmland with good soils provided the best sites for development. The very resource that attracted settlement, is ultimately being consumed by it.” (Source: http://www.neptis.org/publications/agriculture-central-zone/chapters/wh…)

On September 20, 2019 the Ministry of Natural Resources and Forestry issued correspondence related to Proposed Changes to the Aggregate Resources Act.

It is evident that this government sees the Aggregate Industry as an economic driver in the province. It was noted at the most recent AMO conference that the two largest aggregate users in the province are the Provincial Government and Municipalities.

The current round of proposed changes focus is on the following key themes:
• Reducing duplication, inefficiency, and inconsistency in application and approval processes;
• Improving access to aggregate resources;
• Protecting agricultural lands and water resources;
• Enhancing rehabilitation; and
• Continuing public engagement and outreach on any proposed changes to the ARA framework.

PROPOSAL:
Removal of municipal authority to regulate the depth of extraction through zoning.

NDACT RESPONSE:
This change would effectively prohibit the use of vertical zoning by municipalities. Vertical zoning has been used by municipalities as a means of ensuring that
below water table extraction, when proposed, is completed in an ecologically
sustainable manner with appropriate assessment and environmental measures in place
to protect the public interest. Landowners surrounding aggregate sites expect and rely
on their municipal council to protect their groundwater and surface water resources for
domestic, agricultural and other uses. This approach has been used for
many years - supported by the community, approved by OMB/LPAT, and not opposed to
by the aggregate industry. The use of holding provisions (zoning) is not intended to
prohibit below water table extraction, but instead provides the ability for municipalities
to ensure that below water table extraction is carried out in a responsible and
sustainable manner.

PROPOSAL:
There is no provision to provide greater inspection and enforcement capacity for
the Ministry of Natural Resources and Forestry.

NDACT RESPONSE:
The proposed changes appear to give more responsibility to aggregate producers.
Accordingly, more resources should be provided to MNRF to ensure a more rigorous and
clear inspection and enforcement process by Ministry staff.

PROPOSAL:
The issue of dormant aggregate sites has not been addressed.

NDACT RESPONSE:
This issue should be addressed as it contradicts the Province’s policy direction that aggregate operations are an interim use. As we commented in the Provincial Policy Statement Review, aggregate extraction can occur over 100 years or more which is not an interim use.

Consideration should also be given to requiring financial securities as part of a new
license application. This requirement may encourage producers to complete extraction,
rehabilitation and timely license surrender, while also providing MNRF with the means
of completing rehabilitation or other site improvements as necessary.

PROPOSAL:
It is proposed to permit operators to self-file changes to existing site plans for some routine activities, subject to conditions set out in regulation.

NDACT RESPONSE:
There is no definition as to what activities would be considered “routine”. Aggregate operations are very site specific and what may be routine for one or even many sites across the province, may not be considered routine at another site by some stakeholders. There must be a mechanism for stakeholders to raise concerns over the proposed changes.

PROPOSAL:
To permit some low-risk activities to occur without a licence if conditions specified in regulation are followed.

NDACT RESPONSE:
There is no definition as to what “low risk” would mean.

NDACT GENERAL RECOMMENDATIONS
• Aggregate extraction activities should not have a negative impact on municipal assets (i.e. roads, bridges). Each application should be accompanied by a comprehensive Road and Structure Impact Study completed by a licensed engineer, considering impact of increased heavy truck traffic on designated haul routes. Increased capital requirements identified to ensure road and structure assets are at an appropriate standard to accommodate aggregate operations should be the applicant’s responsibility;
• License applications should also require a traffic impact study and noise study at a minimum, with a goal of reducing impact on neighbouring residents and businesses;
• All applications should demonstrate true need;
• Aggregate haul route agreements between the applicant and the applicable road authority(s) should be a requirement of licenses;
• Licenses should be for a limited term to ensure that rehabilitation is completed, and the property returned to previous use (agricultural) as soon as possible. Aggregate activities are treated as a temporary use from a planning perspective. Strict timelines around extraction and rehabilitation activities would assure that;
• Costs of peer reviews associated with aggregate license consideration should be borne by the applicant;
• Ministry needs to implement and oversee a transparent and efficient complaint process related to aggregate operations. They issue the license; they need to be prepared to address complaints and ensure operations are consistent with approved licenses.
• Make conservation of aggregate, a non-renewable resource, a priority over approval of new extraction sites. Conservation can occur through aggregate recycling and use of alternative materials. All three levels of government need to be encouraged to use recycled product. Abandon "close to markets" economic monopoly to encourage re-use of product.
• Reserve virgin aggregate, a non-renewable resource, for use within Canada.
• Prohibit aggregate extraction below the water table without a full Environmental Assessment and full understanding of the impact on all areas, near and far.
• Prohibit aggregate extraction below the water table in drinking water source areas.
• Develop a process and guidelines for identifying and designating new Specialty Crop Areas to safeguard unique agricultural land resources. Prohibit aggregate extraction in Specialty Crop Areas.
• Conduct a thorough study of all existing aggregate reserves in Ontario.
• Implement “social licencing” where operators must earn the right to continue extraction through responsible operation, and timely and progressive rehabilitation.
• Include an end to the aggregate licence, a “sunset clause”.

CONCLUSION
At its current rate of depletion, Ontario will lose two million acres of farmland by the year 2050. However the world’s population is expected to increase by another 1.5 billion people by that time. Without farmland, Ontario farmers will not be able to feed Ontario’s population and Ontario cannot have food security. One acre of farmland feeds one person and with a potential loss of two million acres by 2050 means Ontario has lost the ability to feed 2 million residents and lessens the beneficial economic impact of agricultural and the agri-food sector on the Ontario economy. (Source: FarmlandLP http://www.farmlandlp.com/2012/01/one-acre-feeds-a-person/)

New aggregate resources are not required in Ontario at this time. We note that there are 5,987 active aggregate licences of which 1,469 have unlimited annual tonnage, and close to 2 billion tonnes allowed annually for the other 4,518 sites combined listed in Ontario’s Interactive Pits & Quarries map database as at November 1, 2019. The data does not include grandfathered or other aggregate operations in Northern Ontario that are not regulated under the ARA. The government’s own figures state that Ontario consumed 3+ billion tonnes of aggregate over 20 years, which is about 164 million tonnes per year. This would seem to indicate Ontario currently has plenty of supply.

Finally, it has come to our attention that Bill-132 introduced on October 28th has proposed amendments to the Aggregate Resources Act (ARA) that are still open for comment on the ERO. Subsequently, we are disappointed to conclude that the ERO process is a waste of time under the current administration.

NDACT appreciates Ontario’s Environmental Registry (ERO) and the chance for Ontarians to have a say in the decision-making process. NDACT requests that the Government of Ontario consider and follow the intent and purpose of the registry as a highly valued tool.

We thank you for the opportunity to comment on the proposal.

Submitted on behalf of the Board by Karren Wallace, Chair
North Dufferin Agricultural and Community Taskforce (NDACT)

Box 875
Shelburne, ON
L9V 3M1
info@ndact.com