This consultation was open from:
May 29, 2023
to July 13, 2023
Decision summary
The ARA Regulation and supporting policies have been amended to clarify and streamline the process for amending an existing aggregate licence, permit or site plan (subject to conditions).
Decision details
Ontario Regulation 244/97 under the ARA and supporting policies have been amended to support our government's vision to Build Ontario, as well as reduce burdens to the aggregate industry, while managing community impacts and maintaining strong environmental protections.
Regulation amendment
On August 18, 2023, Ontario Regulation 244/97 was amended to add additional site plan changes that can be made without ministry approval when certain conditions are met. They are:
- Allow importation of concrete, asphalt, brick, glass or ceramics for recycling where processing activities have already been approved for the site (licences only)
- Add or relocate an entrance or exit to the site with approval by the road authority
- Add or relocate portable processing equipment where zoning permits use of the equipment
- Add or relocate portable concrete or asphalt plants to supply aggregate for a public authority project
- Add or relocate above-ground fuel storage tanks up to a total volume of no more than 5,000 litres stored at the site
- Remove portable processing equipment, portable concrete or asphalt plants, or above-ground fuel storage tanks
All amendments without approval are subject to the conditions and eligibility criteria set out in section 7.2 of Ontario Regulation 244/97.
Policy changes
A new amendment policy has now been finalized, which clarifies the requirements and approach to public notification and consultation, as well as provides direction on the requirements for applying for an amendment, and guides ministry decision-making for amendment applications (including what constitutes significant and non-significant amendments).
It is important to note that the notification and consultation requirements described in this policy are separate and distinct from the Crown's constitutional obligation to consult with Indigenous peoples. The ministry will continue to assess whether proposed amendments have the potential to adversely impact Aboriginal or treaty rights and will consult with Indigenous communities where required. Consultation with Indigenous communities may be required in addition to any public notification or consultation that are required by this policy and may be required in circumstances where public notification or consultation are not.
This policy replaces the following 14 aggregate policies and procedures:
POL 2.02.00 Adding, Rescinding or Varying a Licence Condition
PRO 2.02.00a Adding, Rescinding or Varying a Licence Condition: By Licensee
POL 2.02.02 Licence Amendments
PRO 2.02.02 Licence Amendments
POL 3.03.00 Adding, Rescinding or Varying a Wayside Permit Condition
PRO 3.03.00a Adding, Rescinding or Varying a Wayside Permit Condition: By Permittee
POL 4.03.01 Adding, Rescinding or Varying an Aggregate Permit Condition
PRO 4.03.01a Adding, Rescinding or Varying an Aggregate Permit Condition: By Permittee
POL 2.03.00 Licence Site Plan Amendments: By Licensee
PRO 2.03.00 Licence Site Plan Amendments: By Licensee
POL 3.04.00 Wayside Permit Site Plan Amendments
PRO 3.04.00a Wayside Permit Site Plan Amendments: By Permittee
POL 4.04.00 Aggregate Permit Site Plan Amendments
PRO 4.04.00a Aggregate Permit Site Plan Amendments: By Permittee
This new policy comes into effect immediately. A link to the new policy is provided below and will soon be added to the aggregate policy and procedures page on Ontario.ca.
Effects of consultation
Proposed changes to Ontario Regulation 244/97 under the ARA and a new amendment policy were posted on the Environmental Registry of Ontario for 45 days, from May 29, 2023 to July 13, 2023.
Members of the public, municipalities, an Indigenous community, environmental and agricultural organizations, industry and other agencies and ministries submitted feedback on the proposals.
The comments received reflected a wide array of perspectives, but common themes were identified in response to each component of the proposal.
Regulatory changes
Many comments received in response to the proposed regulatory changes were supportive of expanding the number of lower-risk amendments that can be made without ministry approval, but also raised concerns around the potential for impacts to surrounding communities and the environment, and the need for ground water protection.
Although many of the concerns identified were beyond the scope of this proposal, some aspects of the regulation were changed in response to the feedback received. To further strengthen protections for surrounding communities, the environment and ground water resources, additional conditions were added to some of the proposed activities:
Importation of recyclable material
- a condition was added to require that where a processing area has not already been identified on the site plan, the imported material must not be stored in any buffer or setback identified on the site plan, or any area protected by a buffer or setback, and the location of the material must be added to the site plan.
Portable processing equipment
- a condition was added to require that where a processing area has not already been identified on the site plan, the portable processing equipment must not be placed in any buffer or setback identified on the site plan, or any area protected by a buffer or setback, and the location of the equipment must be added to the site plan.
Portable concrete or asphalt plants
- a condition was added to require that where a processing area has not already been identified on the site plan, the portable concrete or asphalt plants must not be placed in any buffer or setback identified on the site plan, or any area protected by a buffer or setback, and the location of the plants must be added to the site plan.
- a condition was added that portable concrete or asphalt plants shall not be placed within a vulnerable area for the protection of drinking water sources where the handling and storage of fuel would be a significant drinking water threat within the meaning of the Clean Water Act, 2006.
Amendment Policy
Many of the comments received in response to the proposed amendment policy were beyond the scope of this proposal, and as such, did not result in changes to the policy.
Some comments identified support for the amendment policy as a means of replacing 14 other policies. Others provided specific and constructive feedback on the draft policy, ranging from minor administrative changes to more significant changes. Each were given due consideration in the revision and finalization of the amendment policy. The comments received and the subsequent changes made to improve the policy can be grouped into general themes:
Significant Changes and List of Examples
- To enhance clarity, the list of significant amendment examples was made more concise by listing only the changes to operations or rehabilitation that could impact features, resources and nearby communities.
Non-Significant Changes
- The list of non-significant amendments was expanded to include separate examples of an installation of portable asphalt or concrete plants and installation of portable processing equipment based on a different set of circumstances for each.
Non-Significant Administrative Changes
- Greater clarity has been provided regarding administrative changes by listing them in the amendment policy. As a result, existing Policy 2.02.02 has been added to a list of policies to be replaced by the amendment policy.
Environmental Registry
- Comments to be considered by the applicant have been removed from the final policy and replaced with consideration by the ministry in making a decision. A concluding sentence was added giving the ministry some flexibility and ability to ask applicant to provide information to aid in the decision making.
Considerations
- Reference to section 12 or 26 of the ARA has been removed in the final policy instead consideration must be given to any possible effects, ensuring the amendment is not contrary to the purposes of the ARA, and that adverse impacts are minimized.
Planning and Land Use
- The section was revised and there is now a statement indicating that generally the ministry would not approve amendments that would be inconsisteant with the PPS, a provincial plan, or if the amendment would significantly increase the extent of an existing inconsistency with the PPS or provincial plan. A statement was added recognizing that where decisions affect planning matters, they must be consistent with the PPS and conform with provincial plans in accordance with subsection 3(5) of the Planning Act.
Submission of the final site plan
- This section was revised and retitled to address what is needed to finalize an amendment of the final site plan. A section regarding distribution of the final site plan was added.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
300 Water Steet
2nd Floor South
Peterborough,
ON
K9J 3C7
Canada
Connect with us
Contact
Jamie Prentice
300 Water Steet
2nd Floor South
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
Introduction
Ontario’s aggregate industry plays a key role in our government’s vision to Build Ontario, supporting vital development and jobs across the province. Aggregates are a key part of building critical infrastructure like homes, schools, hospitals, roads and subway tunnels, which support our growing communities. Approximately 160 million tonnes of aggregate are needed in Ontario each year with most of the aggregate produced in Ontario coming from private land in the southern region of the province where the most market demand exists.
The regulatory framework that manages aggregates must be fair, predictable and adaptive enough to be effective, while managing and minimizing the impact that extraction operations may have on the environment and communities that surround them. Since 2019, MNRF has consulted several times on the regulatory framework for aggregates and made changes to the Aggregate Resources Act, Ontario Regulation 244/97, and the Provincial Standards for Aggregates in Ontario, with these objectives in mind.
Proposed Changes
In order to provide meaningful consultation, MNRF is proposing both a regulation amendment and a new policy in this notice.
Proposed regulation amendment
On September 1, 2020, changes to Ontario Regulation 244/97 came into effect, which set out eligibility criteria and requirements that allow operators to self-file certain prescribed changes to existing site plans for some routine activities without requiring approval from the ministry (subject to conditions set out in the regulation).
This approach has effectively reduced burden and provided efficiency to aggregate operations, while continuing to manage the impact of lower-risk activities on aggregate sites.
We are now proposing regulatory changes to Ontario Regulation 244/97 to expand the list of eligible site plan changes that can be made without ministry approval when certain conditions are met. This proposal includes:
- changing site entrances or exits
- adding, removing or re-locating above-ground fuel storage
- where processing activities have already been approved for the site, adding the importation of materials for recycling
- adding, removing or re-locating portable processing equipment or portable asphalt or cement processing equipment for public road authority projects
All proposed site plan changes in this list would be added to Ontario Regulation 244/97 section 7.2 (1) and be subject to the eligibility conditions in 7.2 (2) and (3) of the regulation. In addition, the proposed activities would be subject to the detailed conditions outlined in the attached document entitled Proposed site plan amendments eligible for self-filing in the 'Supporting materials' section below.
Proposed policy changes
We are also proposing a new policy to clarify requirements and the approach to public notification and consultation for amendments to authorizations that do require ministry approval. Amendment requests can include changes to site plans, conditions of a licence or permit, or any other information normally included on licences or permits (e.g., name of operator, address, etc.). As a result, amendments vary in type and complexity and can range from small or administrative changes to significant changes to operations and rehabilitation. When proposed amendments would result in significant changes to operations or rehabilitation at an aggregate site, public notification and consultation may be required. The proposed policy is intended to provide direction on the requirements for applying for an amendment, guide ministry decision-making for amendment applications (including what constitutes significant and non-significant amendments) and provide direction on notification and consultation requirements for certain amendments.
The notification and consultation requirements described in this policy are separate and distinct from the Crown's constitutional obligation to consult with Indigenous peoples. The ministry will continue to assess whether proposed amendments have the potential to adversely impact Aboriginal or treaty rights and will consult with Indigenous communities where required. Consultation with Indigenous communities may be required in addition to any public notification or consultation that are required by this policy and may be required in circumstances where public notification or consultation are not.
Please see the full proposed policy entitled Applications to amend licences, permits, and site plans under the Aggregate Resources Act in the 'Supporting materials' section below for more details. If approved, this policy would replace the following aggregate policies and procedures:
- POL 2.02.00 Adding, Rescinding or Varying a Licence Condition
- PRO 2.02.00a Adding, Rescinding or Varying a Licence Condition: By Licensee
- POL 3.03.00 Adding, Rescinding or Varying a Wayside Permit Condition
- PRO 3.03.00a Adding, Rescinding or Varying a Wayside Permit Condition: By Permittee
- POL 4.03.01 Adding, Rescinding or Varying an Aggregate Permit Condition
- PRO 4.03.01a Adding, Rescinding or Varying an Aggregate Permit Condition: By Permittee
- POL 2.03.00 Licence Site Plan Amendments: By Licensee
- PRO 2.03.00 Licence Site Plan Amendments: By Licensee
- POL 3.04.00 Wayside Permit Site Plan Amendments
- PRO 3.04.00a Wayside Permit Site Plan Amendments: By Permittee
- POL 4.04.00 Aggregate Permit Site Plan Amendments
- PRO 4.04.00a Aggregate Permit Site Plan Amendments: By Permittee
Environmental Implications
The anticipated environmental consequences of the regulatory and policy proposals are anticipated to be neutral when compared with the current environmental impacts associated with amendments to existing aggregate authorizations.
For the regulatory proposal to enable a broader list of amendments to site plans that can be done without ministry approval, specific eligibility criteria and conditions are proposed to be defined in regulation to minimize the changes to environmental impacts. Current prescribed operational standards continue to apply to all pits and quarries which include setbacks from environmentally significant features.
Amendment applications that require ministry approval will be considered from an impacts perspective and applicants may be required to provide additional technical information or reports to assess potential impacts and, where necessary, recommend mitigation measures. If changes are deemed by the ministry to be significant changes to operations or rehabilitation, public consultation and notification may be required to support the application and approval decision by the ministry. Where a proposed amendment has the potential to adversely impact an Indigenous community’s Aboriginal or treaty rights, the ministry may delegate the procedural aspects of consultation to applicants to understand and, where required, accommodate impacts to those rights.
The anticipated social consequences of the proposals are neutral to negative. The regulatory proposal to allow more site plan amendments without ministry approval may be perceived as lessening ministry oversight for aggregate operations or reducing the opportunity for public and Indigenous community involvement in aggregate approvals. However, each specific activity would be subject to eligibility criteria and conditions to ensure that other required approvals are obtained and that impacts are minimized. The activities in this proposal would have historically been considered minor amendments to a site plan where public and Indigenous notification and consultation generally would not have been required.
The proposed policy includes modernizing and clarifying timelines, processes and requirements for public notification and consultation, and does not change the ministry’s current approach to assessing whether amendments trigger the duty to consult and consulting with Indigenous communities where required. This would ensure that those who may be impacted by the changes and agencies with relevant expertise and oversight roles are notified about significant changes to aggregate operations.
Regulatory impact analysis
The proposed changes are anticipated to result in a net positive burden reduction for aggregate operators and no additional cost increases to business.
The proposed regulatory changes to allow for certain amendments to site plans without ministry approval would improve processes and reduce administrative costs to business by allowing certain prescribed changes to existing operations to be made sooner. The additional policy clarity for those amendments needing ministry approval would provide business certainty in terms of the consideration of the type of amendment, application requirements, processes, and public and Indigenous notification and consultation for their business planning when requesting an amendment from the ministry.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
300 Water Steet
2nd Floor South
Peterborough,
ON
K9J 3C7
Canada
Comment
Commenting is now closed.
This consultation was open from May 29, 2023
to July 13, 2023
Connect with us
Contact
Jamie Prentice
300 Water Steet
2nd Floor South
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
18By email
8By mail
0