Town of Halton Hills…

Town of Halton Hills Comments on the Proposed Amendments to the ARA

1) “Strengthen protection of water resources by creating a more robust application process for existing operators that want to expand to extract aggregate within the water table, allowing for increased public engagement on applications that may impact water resources. This would allow municipalities and others to officially object to an application and provide the opportunity to have their concerns heard by the Local Planning Appeal Tribunal”.

The current process for aggregate operators to amend existing aggregate licenses for below the water table extraction does not include for any public consultation, no mandatory municipal consultation or any form of appeal process. The proposed change would provide the opportunity for municipalities and the public to provide input into the amendment approval process and if necessary, the ability to trigger a formal hearing process (i.e., LPAT). The Town is generally supportive of the proposed change, however, further consultation on the specific details of this amendment is warranted.

2) Clarify that depth of extraction of pits and quarries is managed under the Aggregate Resources Act and that duplicative municipal zoning by-laws relating to the depth of aggregate extraction would not apply.

The proposed change would have significant implications for municipalities. Although the Town’s Comprehensive Zoning By-Law does not address aggregate extraction depths at this time, the Town recommends that the Province not restrict the applicability of municipal zoning by-laws for aggregate operations to ensure that municipalities can have appropriate input on projects that impact the community and environment.

3) Clarify the application of municipal zoning on Crown land does not apply to aggregate extraction.

The proposed amendment would not apply in the Town. Based on the MNRF Crown Lands Portal, there is no Crown land within the Town of Halton Hills.

4) Clarify how haul routes are considered under the Aggregate Resources Act so that the Local Planning Appeal Tribunal and the Minister, when making a decision about issuing or refusing a license, cannot impose conditions requiring agreements between municipalities and aggregate producers regarding aggregate haulage. This change is proposed to apply to all applications in progress where a decision by the Local Planning Appeal Tribunal or the Minister has not yet been made. Municipalities and aggregate producers may continue to enter into agreements on a voluntary basis.

Haul routes are critical component of any aggregate operation and have the potential to generate significant impacts on communities through increased road maintenance costs, impacts to traffic operations and road safety, noise and dust, etc. Aggregate haulage cannot be accommodated on all municipal roads which must be taken into consideration when aggregate operations are being approved.

Given the issues with aggregate haulage, Ontario municipalities have routinely secured haul route agreements with aggregate operators to simultaneously outline expectations and responsibilities for road maintenance/upgrades and to protect the safety of quarry operators, and the public. The Town currently has a haul route agreement with Dufferin Aggregates for the Acton Extension Quarry. As previously reported the number of trucks on Maple Avenue was reduced by approximately 25 percent as result of the haul route agreement.

The proposed ARA amendment appears to be designed to take this critical instrument away from the Minister and the LPAT. Without this, the ability for the municipality to address public safety, and road access, function, and maintenance will be severely restricted. This change has the potential to impact ongoing applications such as the Hidden Quarry proposal in the Township of Guelph-Eramosa, wherein the proponent proposes to use haul routes on Main Street and Mill Street in Acton. The impact of heavy truck traffic is a primary concern with the Hidden Quarry application. The Hidden Quarry LPAT hearing concluded in July 2019 and no decision has been released at the time this Report was prepared. It is staff’s opinion that this change would apply to Hidden Quarry if the LPAT decision is not made prior to the amendments being enacted.

In addition, the Mayor recently received the Minister of Transportation’s response on the Town’s request to partner with the Town on the next phase of the Acton By-pass study and implement a truck inspection station along the Highway 7 corridor between Trafalgar Road and Acton. Notwithstanding the identified concerns with traffic operations at the Mill Street and Main Street intersection and constrained geometrics through the village, the Ministry has stated that the traffic volumes and operations do not warrant their participation. In addition, Highway 7 is not being considered for a truck inspection area.

With the inability to require haul routes from aggregate producers, the possible approval of the Hidden Quarry and the lack of support by the Ministry of Transportation, the ability of the Town to mitigate the impacts of additional truck traffic through Acton will be severely limited.

It is unreasonable to preclude the Minister and LPAT from imposing conditions on haul routes through agreements where road conditions, safety and financial issues are at risk. Such costs and risks should not be borne by citizens and taxpayers of the municipalities. The Town recommends that the ability for the Minister and the LPAT to impose conditions on haul routes should be maintained.

5) Improve access to aggregates in adjacent municipal road allowances through a simpler application process (i.e. amendment vs. a new application) for an existing license holder, if supported by the municipality.

The Town is generally support a simplified application process. It is recommended that the Ministry engage municipalities on the specific nature of the change proposed to ensure that the municipal interests are addressed.

6) Provide more flexibility for regulations to permit self-filing of routine site plan amendments, as long as regulatory conditions are met.

Currently, the MNRF has sole discretion as to whether or not to circulate site plan amendments to the Town for comment. In some cases, the MNRF reviews and makes decisions without municipal input and the revised final site plan is provided to the municipality for information. It is essential that municipalities be consulted on this proposed change which must include the provision of a clear definition of “routine site plan amendments”.

Regulatory Changes Under Consideration
1) Enhanced reporting on rehabilitation by requiring more context and detail on where, when and how rehabilitation is or has been undertaken.

The Town supports enhanced reporting on rehabilitation. Without the details of the revised regulations, further comments cannot be provided.

2) Allowing operators to self-file changes to existing site plans for some routine activities, subject to conditions set out in regulation. For example, re-location of some structures or fencing, as long as setbacks are respected.

It is essential that municipalities have the opportunity to review the details of the revised regulations that include a clear definition of “routine activities” in order to provide meaningful comments.

3) Allowing some low-risk activities to occur without a licence if conditions specified in regulation are followed. For example, extraction of small amounts of aggregate if material is for personal use and does not leave the property.

It is essential that municipalities be provided with the details of the revised regulations that include clear definitions of the terms “low-risk activities” and “personal use” in order to provide meaningful comments.

4) Clarifying requirements for site plan amendment applications.

It is essential that municipalities be provided with the details of the revised regulations and until such time, meaningful comments cannot be provided.

5) Streamlining compliance reporting requirements, while maintaining the annual requirement.

The Town may support “streamlining” if it provides up-to-date and accurate information that is verified by the MNRF and if the proposed change does not involve a reduction in the level of detail than what is currently provided. Until details of the revised regulations are provided, meaningful comments cannot be provided.

6) Reviewing application requirements for new sites, including notification and consultation requirements.

Notification and consultation requirements should not be reduced from that which is currently prescribed. It is essential that municipalities be provided with the details of the revised regulations and until such time, meaningful comments cannot be provided.

The Town request that prior to implementation of the proposed amendments to the Aggregate Resource Act, the Ministry conducts additional consultations with stakeholders to ensure that the details associated with the proposed amendments are clearly understood and that stakeholders can provide meaningful comments.