Ecojustice Canada 1910-777…

Ecojustice Canada
1910-777 Bay Street, PO Box 106
Toronto, Ontario M5G 2C8

Tel: 416-368-7533 ext. 519
Fax: 416-363-2746
Email: rwright@ecojustice.ca

November 4, 2019

Andrew MacDonald
Natural Resources Conservation Policy Branch
Ministry of Natural Resources and Forestry
300 Water Street Peterborough, ON K9J 8M5
Name of Recipient 2
Address of Recipient 2

Dear Sir:

Re: ERO NOTICE #019-0556 – PROPOSED CHANGES TO THE AGGREGATE RESOURCES ACT AND ONTARIO REGULATION 244/97

Ecojustice is a national charitable environmental law organization with an extensive history of involvement in the protection of Ontario’s species at risk under the ESA. Ecojustice (then called Sierra legal Defence Fund) was one of the lead organizations that advocated for the enactment of Ontario’s ESA in 2007 due to deficiencies in the previous statute. We have been actively monitoring the implementation of the Act and commenting on its strengths and weaknesses since it was enacted.

Please be advised that Ecojustice supports and repeats the submissions and recommendations on the above-noted matter filed by Canadian Environmental Law Association (CELA) by letter dated November 4, 2019. Ecojustice will only make two brief additional comments on the propose changes.

Firstly, Ecojustice disagrees with the proposal to prevent the Minister and the Local Planning Appeal Tribunal from requiring agreements between a quarry operator and a municipality(ies) regarding haul routes. This often the focal point for many of the participants in a quarry hearing. Allowing such agreements regarding haul routes can be key to keeping the peace between residents and the quarry operator, allow the municipality to plan and represent its constituents, and minimize environmental impacts.

Secondly, Ecojustice recommends that to ensure rehabilitation actually occurs, quarry operators and their successors be required either by the Act (see Part VI – Rehabilitation), or by Regulation, to post rehabilitation security payment bonds for the full anticipated cost of rehabilitation, as independently audited by an independent third party and/or the Environmental Commissioner of Ontario.

Ecojustice wishes to add that it agrees with the concern expressed by CELA that it appears that the provincial government, represented in this matter by the Ministry of Natural Resources and Forestry, has already made up its mind regarding the subject proposed changes to the Aggregate Resources Act and Ontario Regulation 244/97 and that the public comment period pursuant to the Environmental Registry is illusory. We would be pleased to be proven wrong in this regard.

Yours truly,

“R V Wright”
_______________
Robert Wright
Barrister & Solicitor
Staff Lawyer, Ecojustice

cc: Environmental Commissioner of Ontario