July 13, 2023 Jamie Prentice…

July 13, 2023
Jamie Prentice
MNRF - RPDPB - Resources Development Section
300 Water Steet
2nd Floor South
Peterborough, ON
K9J 3C7

Re: Reform Gravel Mining Coalition Comments on ERO 019-6767

Dear Jamie Prentice,

There is no scarcity of aggregate, sand and gravel in Ontario. Across Ontario the gravel mining industry is causing ever greater damage to people and the places we love. The uncontrolled proliferation of gravel mines takes place in a weak and highly permissive policy context, resulting in damage to vital ecosystems, health and safety risks to surrounding communities and the violation of First Nations rights. Ontario is failing to manage this resource.

Aggregate mining is not a benign activity, it has health and environmental impacts that need to be regulated by a responsible government. Extractive industrial land uses must be managed just like any other resource to maintain a rational supply of material and to reduce adverse effects of operations on the health and wellbeing of people living nearby, on our shared water resources, our finite productive farmland and wildlife that is under threat in Ontario.

The changes to the Aggregate Resources Act under ERO 019-6767 need to be considered as part of a suite of industry friendly amendments made by the province since 2018. By lessening oversight for aggregate operations and reducing the opportunities for community involvement the province is walking away from its responsibilities leaving communities at the whim of aggregate operators many of whom fail to meet best management practices.
To effectively manage this resource the regulatory framework must be accountable. Rather than reduce administrative burden for corporations the province should focus on strengthening policies to protect the health and well-being of communities, rebuild a regulatory regime that requires compliance monitoring and Ministry approval.

We do not support amendments that allow operators to self file changes to site plans that would allow asphalt plants, wayside pits in existing pits and quarries without ensuring these activities do not adversely affect residents, communities, and the environment.

We do not support making changes to reduce public notification and Indigenous community involvement for changes to site plan, conditions of a licence of permit or changing the name of an operator. It appears that lessening Indigenous notification and involvement may not fulfill the requirements for free, prior and informed consent of Indigenous Nations as guaranteed in the Canadian constitution. Changes to consultation processes that requires only landowners directly impacted to be consulted fails to take into consideration others like tenant farmers. Further it is not clear how the province will determine who will be directly impacted. Any persons living nearby may be directly impacted by dust, noise and water quality and quantity impacts especially if excavation is allowed in setbacks and buffers as proposed. Public notification and consultation are required to improve transparency which is vital to reduce corruption and the abuse of power.

Amendments to the ARA that allow excavating within setbacks and buffers should be part of a new application process with studies required to ensure there is no harm or adverse effec to sensitive receptors, that adverse and cumulative impacts are avoided and water quality and quantity improved. Impacts to watercourses, hydrogeology, natural heritage features and functions, air quality and noise all need to be considered when placing extractive industrial uses in communities and alongside food growing areas.

It is not clear why the province is proposing to Increase the tonnage of existing pits when there is NO rationale that identifies the need to increase supply. In fact, the opposite is true, as the amount of gravel licensed for extraction each year by the province of Ontario is 13 times the amount consumed in a year. There are currently more than 5,000 approved gravel mining sites in Ontario and many more being licenced annually.
Further installing portable asphalt plants and concrete plants or portable processing in existing pits is not a benign new use. These new uses must be studied to understand how they impact sensitive receptors and the community in respect to noise, water quality, air quality impacts. Changing or adding uses at an existing site should require a new application process under the ARA.

Ontario’s current application process for gravel mining allows uncontrolled proliferation of gravel sites across Ontario; favours corporations and places an unfair burden on municipalities and local communities forced to advocate for the protection of the natural environment and built communities.
We encourage the province to protect the health and well-being of communities across Ontario by saying no to new pits and quarries.
Respectfully submitted,

Mike Balkwill
Reform Gravel Mining Coalition

cc. Minister Todd Smith
Colin Best, Chair, AMO