July 13, 2018 Michele…

July 13, 2018

Michele Doncaster
Environmental and Land Use Policy Unit
Ontario Ministry of Agriculture, Food and Rural Affairs
1 Stone Road, 3rd Floor, NW
Guelph, ON N1G 4Y2
Dear Ms. Doncaster,
Re: Draft Agricultural Impact Assessment Guidance Document
We have reviewed the draft AIA Guidance Document and provide the following comments and suggestions.
The format of this submission first provides a reference (page # and relevant section in the AIA Guidance Document) followed by our suggestion, comment or recommendation.
1. AIA Guidance Document – Overall Layout of the document
a) Comment
The AIA Guidance Document provides good information regarding the policies that need to be addressed, when an AIA is required and what it is to include for developments proposed in prime agricultural areas or potentially impacting farm operations within the agricultural land.
However, in my opinion, the document is too long. It could be substantially shortened by separating the different types of land use applications into stand alone appendices. For example, the document could be reduced to 15-20 pages in which there is an introduction that includes the purpose of the document, a general statement about what an AIA is and discussion on why it is needed, where and under what circumstances an AIA is required (reference Provincial land use policies and types of development subject to the AIA). It should also include a discussion of when the AIA should be completed and by whom (Qualified Person).
There are four main types of development for which an AIA is required. These include:
• Settlement boundary expansion proposals;
• Aggregate extraction proposals;
• Infrastructure projects; and
• Proposals for Non-agricultural land uses within prime agricultural areas.
The requirements for an AIA differ for each of these land use proposals and rather than including within the body of the document, the methods used to complete an AIA for each type of development application should be included within an appendix. This way the proponent of a development and/or the qualified person preparing the AIA can go directly to the relevant appendix to understand what is required to be included in the AIA. This saves the reader from having to read the entire document to determine what needs to be in the AIA and what doesn’t need to be included.
For example, for settlement area expansion, the need to complete a detailed soil survey which includes a soil sampling procedure designed to restore lands to an agricultural condition is not required as it would be for an above water table aggregate extraction proposal. The current layout of the guidance document requires the reader to go through the entire document to understand what the AIA is to include. The current format has the potential to add confusion as to what is required and potentially adding to the cost of completing an AIA for unnecessary work.
There also should be a Definitions section included within the guidance document.
2. AIA Guidance Document - Table of Contents (pg. 2)
a) Suggestion
A Definitions section for terms used within the Guidance Document should be included to ensure user is able to properly interpret and understand the document and its requirements.
3. AIA Guidance Document - Section: 1.0 Overview
Section 1.8 Qualified Professional(s)/Practitioner(s)(QPs) (pg. 10)
Third Bullet - “Canada Land Inventory (CLI) classifications of capability for agriculture assessment and, where relevant a practical understanding of soil science, including the ability to review technical information from non-agricultural disciplines and assess”
a) Suggestion
Replace wording with the following:
“Canada Land Inventory (CLI) classification system for assessing agricultural land3 and, soil science and soil mapping procedures4, and the ability to review technical information from non-agricultural disciplines (e.g., hydrology, hydrogeology, geotechnical, transportation, etc.) and assess its relevance and utility in identifying potential agricultural impacts”.
Insert Footnotes at bottom of Page 10:
3Classifying Prime and Marginal Agricultural Soils and Landscapes: Guidelines for Application of the Canada Land Inventory in Ontario; Ontario Ministry of Agriculture and Food, 2004
4The Canadian System of Soil Classification; Agriculture and Agri-Food Canada, 1998 Field Manual for Describing Soils in Ontario; Ontario Centre for Soil Resources Evaluation, 1993
a) Suggestion
Should also reference:
A Soil Mapping System for Canada; Revised; Agriculture Canada, 1981
Agricultural Drainage Systems Mapping, OMAF, 1993
b) Suggestion
Insert bullet (fourth bullet) with the following:
“An ability to understand and recognize potential impacts to farm operations, agricultural resources, infrastructure and investments, and many of the components of the agri-food network, and”.

4. AIA Guidance Document – Section: 1.0 Overview
Section 1.8 Qualified Professional(s)/Practitioner(s)(QPs) (pg. 10)
First sentence, last paragraph on page 10 – Depending on the nature and potential impacts of the proposed development, it may also be useful to involve professionals with expertise in other areas (e.g. micro-climatology, hydrogeology, ecology, agricultural engineering, accounting and economics) to obtain an appropriate breadth of relevant skills and experience.
a) Suggestion
Should consider including land use planning as another profession which could provide support for the AIA (for example, to assist in identifying secondary study areas, suitable alternative site locations and edge planning techniques and their long-term consequences for community planning).
5. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
Introduction (pg. 12)
The introduction provides a discussion on the technical guidelines for the study. It discusses the structure and content of the AIA and also explains that the requirement for an AIA may differ depending on the nature, scale and location of the development.
a) Suggestion
In addition to including an appendix for each type of development proposal, as previously discussed, it would be helpful if the Guidance Document could also provide in the Appendices a checklist of Study Components and Subcomponents that need to be addressed. This could help to better scope the AIA.
6. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 1. Introduction – Purpose of the Study (last bullet on pg. 13)
“A monitoring plan and/or performance measures will be developed to ensure mitigation measures have long-term effectiveness.”
a) Suggestion
Provide an explanation or discussion as to what should be included in the monitoring plan and direction as to the length of time monitoring is required. Confirm whether monitoring is required for all mitigation measures of just for aggregate extraction applications.
7. AIA Guidance Document -Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 2. Process – Consultation (pg. 16)
“Consultation on the AIA for the proposed development should be undertaken based on meeting provincial (e.g. Planning Act, Aggregate Resources Act, and EA) and municipal requirements. Where potential impacts to agriculture have been identified, it is advisable to consult with local agricultural organizations (e.g. municipal agricultural advisory committee, local farm organization). Agricultural organizations can often provide valuable input about agricultural operations, the farm service and supply network, and other components of the local agri-food sector which can help inform the work to be done to assess agricultural impacts. They can also provide helpful suggestions on how to avoid, where possible, minimize and mitigate potential impacts from the proposed development on agriculture that may not otherwise be considered. In addition, surrounding landowners can provide valuable local knowledge and understanding of the farming community and potential impacts the proposed development may have on agriculture, and where applicable the Agricultural System, both locally and regionally.”
a) Suggestion
I agree that for some projects consultations involving local agricultural organizations, municipal agricultural advisory committees and farm organizations are important and useful. However, where there is a mandated public consultation process, additional consultation may not be required. Potential impacts identified, or mitigation measures recommended as a result of the public consultation process and not included within the AIA can be dealt with through an addendum to the AIA or as a condition of approval.
8. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 4. Study Methodology Identification – Local Knowledge and Input (pg. 22)
“To gain an understanding of agriculture in the primary and secondary study areas, where feasible, information may be supplemented by farm interviews or meetings to obtain specific information directly from local farmers, farm organization or the local agricultural advisory committee within the primary and secondary study areas.”
a) Suggestion
Consultation with farmers during the data collection process is important, especially for some aspects of the study such as the calculation of the minimum distance separation (MDS) requirements. When there are no privacy concerns we recommend that the AIA obtain site specific information directly from the farmer, farm organizations and advisory committees. Any additional information can be included following the submission of an application during the Public Consultation process.
9. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 4. Study Methodology Identification – Field Investigations (pg. 23)
“Field investigations may also be used to augment background and primary data in assessments of agriculture. For example:”…
a) Suggestion
Insert after “For example”, field investigations should be undertaken to confirm/identify the following:
• Verification of background data pertaining to agricultural land uses and non-agricultural land uses within the study area
• Farm locations; include farm status such as active, empty livestock or retired farm operation
• The type of farm operation identified within primary and secondary study areas
• Farm buildings and other key permanent facilities identified within primary and secondary study areas
• Directly linked operations at different locations (such as where multiple farm properties support one farm operation)
• Agriculture – related uses and On-Farm Diversified Uses
• Active farm communities (could be on rural lands)
• The presence of agricultural-related heritage buildings and features
• Contaminated and/or disturbed lands, and
• Verification of soil capability through a soil survey, cropping patterns, and the presence of Specialty Crops and associated infrastructure in the study area(s)
b) Suggestion
When referring to “primary data” this term should be clearly defined within the AIA Guidance Document so that the reader understands what is meant by primary data. I suggest that primary data include firsthand information either collected during field investigations or as provided by the proponent of the development, land owners within the study area(s), farm organizations and government agencies.
10. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
The AIA Guidance Document describes the information to be included as part of a soil survey.
a) Suggestion
The need for and purpose of a soil survey as well as the level of detail and scale of investigation all vary depending on the type of development proposed. For an aggregate extraction proposal, a detailed soil survey is required in cases where the lands are required to be returned to an agricultural condition (needs a definition). This level of detail described in the AIA Guidance Document is required to provide a baseline of the existing conditions and to provide standard for rehabilitation which can be measured to ensure that efforts have been successful.
However, it may not be necessary for to collect data at this high level of detail for projects such as settlement boundary expansion or non-agricultural development proposed in prime agricultural areas, and particularly when assessing alternative sites. The AIA Guidance Document should provide more detail on the level of detail required for each of the different types of development.
The Guidance Document is suggesting that an AIA include the detailed soil information for projects where the lands are going to be “rehabilitated back to agriculture”. This would generally only apply to some aggregate extraction applications and perhaps some infrastructure projects.
In my mind a detailed soil survey for this type of application would occur subsequent to the identification of the preferred location for the pit/quarry (i.e., after the alternative site assessment is complete). This level of detail is required to provide a baseline of the existing conditions and to ensure that the lands can be restored to an “agricultural condition”.
In some cases, however, a proponent may wish to have more detailed soils information during, for example, an alternative site assessment. The proponent may wish to complete a detailed soil survey of the Subject Lands to refine the soil capability mapping due to inherent map scale issues or mapping inaccuracies. In some circumstances the proponent may want more detailed information before a comparative analysis is completed as part of the alternative site assessment. Completing a detailed soil survey in this case would not require the level of detail and sampling (for laboratory analysis) described on pages 24 and 25. The completion of a soil survey to refine the CLI mapping should be at the discretion of the proponent and based on the advice from the retained QP. It is also unlikely that completing a detailed soil survey would be possible for other alternative sites not controlled by the proponent without the assistance of the municipality (and even then, it may be difficult to get access to privately held lands).
The Guidance Document should differentiate more clearly under what circumstances this detailed soil information is required; similar to how they have on pages 13 and 14 when describing the application and location. On these pages the document clearly lays out the requirements based on the type of development application (i.e., for settlement area expansion, mineral aggregate expansion, infrastructure projects and proposed non-agricultural uses in Prime Ag Areas). They have done a similar differentiation on pages 17-19 in the discussion of Primary and Secondary Study Areas.
Or alternatively, reformat the document to include this information within appendices specific to the type of development being proposed (my preference).
11. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 5. Descriptions (Soils, Land) – Soil Resources (pg. 23)
“A good understanding of the soil resources within the study areas is necessary in order to document information needed to evaluate alternative locations, assess impacts, and support the mitigation measures to minimize and mitigate impacts, including rehabilitation of the land back to an agricultural condition if applicable.”
a) Suggestion
Insert an introductory statement at the end of the paragraph. For example,
“At a minimum, the AIA should:
• Assess the CLI Capability of the soil and describe the limitations for common field crop production. Include a CLI Capability map that shows the CLI Classes assigned to the soils identified study area(s) based on the limitations identified. As needed, and wehttp://www.omafra.gov.on.ca/english/landuse/soils.htmhre possible, on-site investigations can provide more detailed information.
• See OMAFRA’s website for information on soils: http://www.omafra.gov.on.ca/english/landuse/soils.htm
12. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 5. Descriptions (Soils, Land) – Soil Resources (pg. 24)
Second Paragraph: “If the land is going to be rehabilitated back to agriculture, and particularly where there is a requirement to return land to an agricultural condition, the following information should be collected in the primary study area to provide baseline conditions as a benchmark to support an effective rehabilitation and monitoring plan.”

a) Suggestion
Insert a Heading (as done on pages 13 & 14) that shows the soil data requirements for each type of development (e.g., Aggregate Extraction, Settlement Boundary Expansion, Infrastructure and non-agricultural uses proposed in Prime Agricultural Areas).
Additionally, the requirements for Infrastructure projects where the lands are to be restored to an agricultural condition should be the same as for above water table Aggregate Extraction proposals.
Or alternatively, as previously recommended, include this information within an appendix specific to the type of development being proposed.
13. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 5. Descriptions (Soils, Land) – Soil Resources (pg. 24)
Third Paragraph: “The methods used to describe the soil should be consistent with the “Field Manual for Describing Soils in Ontario” (Ontario Centre for Soil Resource Evaluation, 1993) using the taxonomic conventions consistent with the Canadian System of Soil Classification (Expert Committee on Soil Survey, 1981). Also visit OMAFRA’s website at http://www.omafra.gov.on.ca/english/landuse/soils.htm.”
a) Suggestion
This paragraph should be moved to the introduction of the “5. Descriptions (Soils, Land) – Soil Resources” section.
Also add a statement such as:
“It is important that the AIA include a soil map showing the soil polygons identified and the soil inspection locations. The soil data sheets which record the soil profile information commonly completed as part of the soil survey should be included in the appendices.”
It is important that the soil data sheets and mapping are included for peer review purposes.
14. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 5. Descriptions (Soils, Land) – Soil Resources (pg. 26)
“Climate (only required for specialty crop areas)
A general description of climatic features including Crop Heat Units, number of frost-free days, and the general climatic patterns of the area should be provided. A description of any microclimatic conditions particular to the site should be included (e.g. frost pockets). This information is only required for specialty crop areas and where a non-agricultural use may be permitted, noting for example that settlement area boundary expansions are not allowed within specialty crop areas.”
a) Suggestion
This paragraph should be moved down to sentence regarding microclimatic conditions within the “Soil suitability and microclimate” section.
In addition, adding in a description for aggregate extraction and some infrastructure proposals, modeling microclimatic conditions of created landforms is necessary to ensure that microclimatic conditions are restored to a level that permits the production of specialty crops commonly grown in the area. Site Appendix B as a source of additional information regarding aggregate extraction proposed in specialty crop areas.
Or this section should be re-written and divided into two sections; one for non-specialty crop areas, and one for specialty crop areas.
15. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 5. Descriptions (Soils, Land) – Land Use Characteristics (pg. 26)
“Based on information collected from the background and primary data review and land use survey, this section should include:”
a) Suggestion
See my comment above under No. 10 regarding primary data.
16. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 5. Descriptions (Soils, Land) – Land Use Characteristics (pg. 26)
“A description and map of the land use, and information on farm operations with historical (e.g. recommended ten years) and existing recent information where available including:”
a) Suggestion
More clarification is necessary on what sources of information are available which can provide historical information about farm operations. In most cases it would be impractical to obtain historical information directly from every farm operation (active or non-active) due to the length of time it could take to get this information (even if farmer agreed to provide it).
17. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 5. Descriptions (Soils, Land) – Land Use Characteristics (pg. 27)
Under “Information on Infrastructure and land improvements:
• The level of investment in agricultural facilities and farm infrastructure (farm related buildings and structures, manure handling/storage facilities)
• Agricultural drainage map indicating location of municipal drains, tile outlets and field tile (random or systematic).
Information on existing and potential constraints to agriculture e.g. MDS II where applicable, such as traffic impacts.”
a) Suggestion
In the bullet point referring the level of investment, this should be referring to the “relative” level of investment in agricultural facilities and land improvements. The relative level of farm-related investments can be used to characterize lands within the study area and is a useful criterion when assessing alternative sites for settlement boundary expansion projects.
Regarding the agricultural drainage map; in some cases, specific information regarding tile outlets may not be readily available. It is recommended that the AIA Guidance Document suggest assessing the potential impacts based on an assumption of the location of tile outlets (e.g., road side ditches, municipal drains, surface drainage features, etc.).
Place in wording “e.g. MDS II where applicable, such as traffic impacts.” parentheses (e.g., potential MDS II limitations for expansion of existing livestock operation, existing traffic impacts. proximity to settlement area boundary, etc.).
18. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 5. Descriptions (Soils, Land) – Economic and Community Benefits of Agriculture (pg. 28)
“This section should provide information and a description of the local and regional significance of agriculture in terms of economic and community benefits they provide. For example:
Quantify the economic impact of agricultural production in the study areas with census of agriculture data”
a) Suggestion
An Agricultural Economic Impact study is often a separate study commissioned by an upper tier municipality and assesses the economic impact of agricultural to the region. Most practitioners will not be qualified to complete an economic impact assessment. I recommend that an Agricultural Economic Impact study not be a requirement for an AIA. Several municipalities within the GGH already have had an Agricultural Economic Impact study completed. The AIA could reference these studies if relevant to the study.
b) Suggestion
When referring to the “with census of agriculture data”; agricultural economic information within the census of agriculture data set is limited and it is highly unlikely that it will correspond well to the study area. In many cases the information will not be available because there are not enough census farms within the area - privacy issues.
19. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 6. Assessment of Impacts - Economic and Community Impacts (pg. 30)
Third paragraph: “Consider if the farm operation is a critical economic generator in the area, or if there are significant acreages being lost that are important to maintaining the contiguity of farmland in the area (the agricultural land base in the GGH)”
a) Suggestion
For a practitioner to determine what a critical economic generator is a definition of a critical economic generator should be provided.
20. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
9. Study Conclusions and Recommendations (pg. 31)
In conclusion explain how the objectives of the AIA have been fulfilled, the net impacts of the settlement area boundary expansion or non-agricultural uses and state whether the proposal is consistent with the relevant provincial requirements.
a) Suggestion
Some of the provincial requirements for development applications have nothing to do with agriculture. I suggest that this paragraph be re-worded to state whether the proposal is consistent with the relevant provincial policies concerning agriculture rather than “consistent with the relevant provincial requirements.

21. AIA Guidance Document - Section: 2.0 Technical AIA Guidelines
2.2 AIA Study Components - 10. Recommended Appendices (pg. 32)
Fourth bullet: “Monitoring Plan for implementing the recommendations and mitigation measures”
a) Suggestion
The development of a monitoring plan has been suggested but there is no discussion on what should be monitored and for how long. The need for and level of effort required for monitoring will be different for each of the types of development proposed.
I recommend that OMAFRA provide clarification on what should be monitored and the length of time it should be monitored. Monitoring should be required for aggregate extraction and infrastructure projects. Monitoring may not be necessary for other projects such as settlement boundary expansion unless there is an identified need in the AIA for monitoring to ensure recommendations to minimize impacts are implemented and are working.
22. AIA Guidance Document - Section: 3.0 Mitigation Measures
3.2 Avoiding, Minimizing and Mitigating Impacts (pg. 33)
First paragraph: “It is important to refer to the policies of the provincial plans to understand the outcome a mitigation measure is trying to achieve. For example, Growth Plan policy 2.2.8.3h) directs that prime agricultural areas should be avoided where possible.”
a) Suggestion
In the second sentence, insert "with regard to settlement area expansion".
For example, with regard to settlement area expansion, Growth Plan policy 2.2.8.3h) directs that prime agricultural areas should be avoided where possible.
23. AIA Guidance Document - 3.4 Description of Mitigation Measures
Settlement Area Boundary Expansion - Edge Planning (pg. 41)
This section provides a discussion on mitigation measures intended to minimize impacts and conflicts with neighboring agricultural operations and farm practices. It involves the implementation of edge planning concepts involving settlement area boundary expansion proposals.
a) Suggestion
Any edge planning concepts considered as mitigation in an AIA should be reviewed by a qualified planner familiar with community design and long-term planning needs to ensure both needs can be accommodated.
The Guidance Document should make it clear that the edge planning concepts could take place within either the settlement boundary or on adjacent agricultural lands, or a combination of both.

24. AIA Guidance Document - Section: 4.0 Background for the Technical AIA Guidelines
4.3 Background: Mineral Aggregate Resource Extraction (pg. 54)
a) Suggestion
The formatting of the headings is different from that of previous headings. Recommend changes to heading formats for consistency (headings from pg. 54 – pg. 68 need reformatting).
25. AIA Guidance Document - Section: 4.0 Background for the Technical AIA Guidelines
4.6 Other Provincial Requirements (pg. 68)
“All relevant legislation, regulations, standards and policies must be considered and applied according the type of development being undertaken. Land use planning requirements were the focus of this guidance document with some discussion on the Aggregate Resources Act and the Environmental Assessment Act included. Other provincial requirements, including the Excess Soil Management Policy Framework and associated measures, below, may also apply.”
a) Suggestion
Provide some examples of development projects for which these other provincial standards would apply.