November 26, 2019 Bill 132,…

November 26, 2019
Bill 132, Better for People, Smarter Business Act
ERO number: 019-0774
Posted by: Ministry of Economic Development, Job Creation and Trade
Notice stage: Proposal
Proposal posted: October 28, 2019
Comment Period: October 28, 2019 – November 27, 2019 (30 days)

Thank you for this opportunity to provide comments to BILL 132, BETTER FOR PEOPLE, SMARTER FOR BUSINESS ACT, ERO 019-0774. I am writing to comment on Section 16 of the Bill concerning aggregates.
I am a resident in rural Ontario north of the GTA. I am witnessing an ever growing number of gravel pit sites and the negative social impacts these operations are inflicting on the neighborhoods where they are located and beyond.
My comments start with concerns about the manner in which the public was poorly treated in soliciting comments on the above Bill.
1. I find the announcement proposing ARA changes resulting from the outcome of the March 2019 Aggregate (secret) Summit hosted by the MNRF was made without public participation.
2. A survey made available after the Secret Summit did not make up for that public shut-out.
3. It appears that before the Environmental Registry Notice 019 0556 commenting period was over Bill 132 was drafted and circulated without the possibility of considering the comments.
4. It appears the changes to the Aggregate Resources Act are already done before the ERO 019-0774 comment period is over.
5. I find the changes proposed further benefit the aggregate producers at the expense of the public.
My concerns with Bill 132 Section 16 are:
Section 12 (1) (h): (1.1) “Despite clause (1) (h), the Minister or the Local Planning Appeal Tribunal shall not have regard to road degradation that may result from proposed truck traffic to and from the site.” The truck traffic on haul routes can be the most activity of a gravel pit operation. It certainly can be the biggest cost of producing and delivering the product to the work site. Not allowing the haul route wear and tear and its safety, noise and dust impact on the community to be considered in the application decision cannot possibly be sound planning. I think the clause should be left as it was.
Section 12.1.(1.1) “(1.1) If a zoning by-law prohibits a site in a part of Ontario designated under subsection 5 (2) from being used for the making, establishment or operation of pits and quarries, any restriction contained in the zoning by-law with respect to the depth of extraction at the site is inoperative.” Excavation sites for gravel pits above the water table provide large recharge features for aquifers. They also remove the natural filtering of water feeding the aquifers. The increased risk of contamination from pit activities, road salt application on surrounding roads or in the exaction area increases in below water table pits. The municipalities are charged with the responsibility of providing clean drinking water for its residence. The risk to contaminating clean drinking water or reducing the quantity of drinking water is a recipe for a remediation problem that no one would want to be face. The municipality and in turn the residents challenging a below the water table amendment will have to bear the first costs of engineering studies and possible rounds of peer reviews. It is also possible that the water related risks might be shifted to the Province that has removed the protections that are now in place. I think this clause should be left as it was.
These changes proposed combined with the other aggregate industry changes of the Provincial Policy Statement Review and the very recent Aggregate Resources Act Amendments are burdening the people of Ontario with having to endure living with more gravel pits. This unsustainable environmental destruction is threatening our future and the future of our children. Please don’t sell out the residents of Ontario.