"Proposed ARA amendments…

"Proposed ARA amendments plan god-like power for Minister; downgrades site changes."

OMNIBUS BILL

Bill-132 is an omnibus bill which proposes amendments to more than 24 pieces of diverse legislation across 14 government of Ontario ministries.

I object to the use of the omnibus bill format because it is being misused by provincial and federal governments in Canada. Omnibus bills are written to encompass many issues and it has become typical for a single omnibus bill to span hundreds of pages, drafted in mere hours on short deadlines, and made so large and complicated that lawmakers do not know the entirety of the bill before they vote. Thus, these bills are used as a political strategy to avoid debate and scrutiny and should not be allowed.

The government needs to remove schedule 16 from Bill 132 and consult with communities that live near aggregate producing areas and environmental groups before proceeding with any changes to the Aggregates Resources Act. Aggregate producers cannot be allowed to destroy Ontario’s natural heritage, disrupt communities, or endanger municipalities’ ability to protect the fresh water their citizens depend on.

AGGREGATE RESOURCES ACT

I was shocked to find that the amendments to the Aggregate Resources Act (ARA) proposed in omnibus Bill-132 announced on October 28th were still open for public comment on the Environmental Registry of Ontario (ERO #019-0556) and closing on November 4th , seven (7) days after the Bill-132 was announced. Obviously, Taxpayers’ opinions mean nothing to this government.

HAUL ROUTES

Removing haul routes as condition(s) for agreement at the Local Planning Appeal Tribunal and by the Minister sends a message that haul route resolution is not important when, in fact, the haul route(s) impact people near and far. Haul routes are a key factor and should be included in the cost/benefit analysis of allowing a new aggregate operation or expanding an old.

PUBLIC ENGAGEMENT

It is of the utmost importance that municipalities and the public be involved in the decision-making in their areas. Limiting municipalities and residents to having their concerns heard by the Local Planning Appeal Tribunal (LPAT) is too late in the process and too expensive. Issues raised by municipalities and other concerned parties should be considered and addressed at no cost to the same. Additionally, removing municipalities’ rights to specify extraction depth of aggregate operations would be detrimental to a cordial relationship between the aggregate operation and local residents. Removing municipalities’ rights to set zoning on local crown land would also be detrimental to long-term planning. Municipalities and residents must have voice in their own futures.

MINISTERIAL POWER

Enabling the Minister to add, rescind or vary a condition of a licence or amend a licence in any other way makes the granting of a licence subjective. The friends and critics of the aggregate industry both demand open, transparent, fair rules and regulations so business can be conducted along known, safe and understood procedures and timelines. Allowing the Minister to circumvent that process for some and not others would open the Minister and staff to criticism and pressure. That pressure could lead to unfair application of the law, favouritism, and undue influence at election time.

MINISTERIAL PRE-APPROVAL

Requiring the Minister to provide written approval for a licensee to amend a site plan or prepare a new site plan would bottleneck licence amendments applications and would present the impression that the project is approved before the application is even made. Amendments that are in accord with regulations and do not need approval from the Minister would also give the impression that projects are pre-approved.

MUNICIPAL NOTICE

The Clerk of each Municipality in which the site is located should be notified for all amendments to a licence as proposed by the Minister. Relying on the opinion of the Minister as to the importance of a change to a municipality is subjective. Allowing the Minister to circumvent that process for some and not others would open the Minister and staff to criticism and pressure. That pressure could lead to unfair application of the law, favouritism, and undue influence at election time. Additionally, the Minister cannot possibly know the impact that any change would have/could have on the local residents and area.

CLEAN WATER ACT

Strong legislation around source water protection is expected and acceptable. I thank the government for taking the importance of water into account and urge the government to continue to do so.

BELOW WATER TABLE EXTRACTION

Lowering the depth of extraction from above the water table to below the water table is not a minor amendment. A comprehensive environmental assessment should be made with participation from local and scientific minds. Allowing the Minister to approve such a change can be arbitrary and would do a disservice to the local residents if they are not involved. Allowing the Minister to circumvent that process for some and not others would open the Minister and staff to criticism and pressure. That pressure could lead to unfair application of the law, favouritism, and undue influence at election time. Additionally, the Minister cannot possibly know the impact that such a change would have/could have on the local residents and area.

LOCAL PLANNING APPEAL TRIBUNAL (LPAT)

Having the Minister dictate the issues to be reviewed and discussed in the LPAT hearing is subjective. Allowing the Minister to change the process for some and not others would open the Minister and staff to criticism and pressure. That pressure could lead to unfair application of the law, favouritism, and undue influence at election time.

EXPANSION OF BOUNDARIES

Expanding the boundaries of an aggregate site is not a minor amendment. A comprehensive analysis should be made with participation from local residents. Allowing the Minister to approve such a change can be arbitrary and would do a disservice to the local residents if they are not involved. Allowing the Minister to circumvent that process for some and not others would open the Minister and staff to criticism and pressure. That pressure could lead to unfair application of the law, favouritism, and undue influence at election time. Additionally, the Minister cannot possibly know the impact that such a change would have/could have on the local residents and area.

ROAD ALLOWANCE

Assuming a closed road allowance will always stay closed does a disservice to the municipality and Taxpayers. As areas develop, road allowances take on added value and may be re-opened.

ENVIRONMENTAL REGISTRY (ERO)

As a Resident and Taxpayer, I would appreciate assurance that new and amended aggregate applications will continue to be listed on the Environmental Registry of Ontario and require that comments from the public and other stakeholders be taken into consideration.

I find Ontario's Environmental Registry to be an excellent idea. I appreciate the platform when it is used as intended to inform, interact and solicit feedback from the public, interested parties and stakeholders. However, it should be noted that to-date under the current government spending any time researching or contributing to the ERO in any meaningful way seems to be a waste of time. It appears that the Ford government is unilaterally making decisions that primarily benefit corporations rather than the Ontario public. As a result, I currently do not have faith that my concerns will be seriously considered, and I ask the government to become more responsive to the needs of the people.

ENVIRONMENTAL PROTECTION

I find the current Ontario government to be too lenient on polluting parties and note that the maximum penalties proposed for polluters are too low.

I expect my government to reflect my ideals of social and environmental responsibility, healthy choices, fair and safe labour policies and long-term resource sustainability. I want to “live within our means”, “save some for tomorrow”, think about the “legacy we leave for our children”.

I ask the Canadian government to:
• Increase transparency by making information more accessible.
• Expand public involvement in decision-making.
• Stop the cozy relationship between industry lobbyists and regulators.

#NoOmnibus #ProtectOurWater #ProtectPrimeFarmland #FoodAndWaterFirst #GrowOurGreenbelt