Proposed amendments to Ontario Regulation 244/97 and the Aggregate Resources of Ontario Provincial Standards under the Aggregate Resources Act

Aggregate Resources Act

Ontario’s aggregate resources are primarily regulated under the Aggregate Resources Act (ARA). These non-renewable aggregate resources include stone, sand, and gravel.

Ontario requires a continued supply of aggregate resources. Approximately 160 million tonnes of aggregate are needed in Ontario each year. Yet, it is equally important to manage and minimize the impact extraction operations may have on the environment and on the communities that surround them. These operations are located across our diverse province, and the regulatory framework that manages them must be fair and predictable and flexible enough to be effective. Most of the aggregate produced in Ontario comes from private land in the southern region of the province where most demand exists.

Background

The Ministry of Natural Resources and Forestry has gathered perspectives from industry, municipalities, members of the public, Indigenous communities and other stakeholders for making changes to the way in which extraction of aggregate resources is regulated in Ontario.

Amendments to the Aggregate Resources Act were made on December 10, 2019, as part of Bill 132, the Better for People, Smarter for Business Act.

To build on those changes, we are consulting on proposed regulatory changes and are looking for your feedback.

The details of the proposed changes can be found in the supporting material document titled: Proposals to amend Ontario Regulation 244/97 and the Aggregate Resources of Ontario Provincial Standards under the Aggregate Resources Act

Proposed regulatory changes

For new pits and quarries:

• enhancing the information required to be included in summary statements and technical reports at the time of application
• improving flexibility in how some standard site plan requirements can be implemented and modernizing how site plans are created
• creating better consistency of site plan requirements between private and Crown land and better alignment with other policy frameworks
• updating the list of qualified professionals who can prepare Class A site plans
• updating the required conditions that must be attached to a newly issued licence or permit
• adjusting notification and consultation timeframes for new pit and quarry applications
• changing and clarifying some aspects of the required notification process for new applications
• updating the objection process to clarify the process
• updating which agencies are to be circulated new pit and quarry applications for comment

For existing pits and quarries:

• making some requirements related to dust and blasting apply to all existing and new pits and quarries (requirements which were previously only applied to new applications)
• updating and enhancing some operating requirements that apply to all pits and quarries, including new requirements related to dust management and storage of recycled aggregate materials
• providing consistency on compliance reporting requirements, while reducing burdens for inactive sites
• enhancing reporting on rehabilitation by requiring more context and detail on where, when and how rehabilitation is or has been undertaken
• clarifying application requirements for site plan amendments
• outlining requirements for amendment applications to expand an existing site into an adjacent road allowance
• outlining requirements for amendment applications to expand an existing site into the water table
• setting out eligibility criteria and requirements to allow operators to self-file changes to existing site plans for some routine activities without requiring approval from the ministry (subject to conditions set out in regulation)

Allowing minor extraction for personal or farm use:

• outlining eligibility and operating requirements in order for some excavation activities to be exempted from needing a licence (i.e., if rules set in regulation are followed). This would be for personal use (max. of 300 cubic meters) or farm use (max. 1,000 cubic meters)

While no changes to aggregates fees are being proposed at this time, we are committed to reviewing and consulting further on any proposed changes to aggregate fees and royalties.

Regulatory impact analysis

The anticipated environmental consequences of the regulatory proposal are positive as the proposed changes reflect necessary updates to both application requirements for new sites (e.g. technical reports) and existing operational standards and prescribed conditions (e.g. dust mitigation and blast monitoring) that protect the environment and minimize community impacts.

The anticipated social consequences of the proposal are positive. Proposals include modernizing and clarifying timelines, processes and requirements for notification and consultation for both private and Crown land applications. This will ensure proper processes are followed for community engagement and consultation on proposals.

The anticipated economic consequences of the proposal are neutral to positive. While many of the proposed changes are intended to reduce burden, streamline approvals and add flexibility for new applicants and existing operators, some of the proposals may add additional requirements and costs depending upon the unique applicant or operator circumstances and the combinations of applicability of the proposals to a particular application type and existing operation.

For more information on the estimated potential cost savings or increases, please refer to Section 5 of the document.

These are estimated costs/savings. Comments are welcome from those incurring the costs to better help the Ministry understand the real costs or savings associated with these proposals.