Project-specific proposal to designate and exempt the proposed Reid Road Reservoir Quarry in Milton under the Environmental Assessment Act

Designation and Exemption under the Environmental Assessment Act

The Environmental Assessment Act (Act), allows for the designation, by regulation, of an enterprise or activity that is not already subject to the requirements of the Act as a major commercial or business enterprise or activity to which the Act applies. The Act also allows for an exemption from some or all the requirements of the Act to be included in the regulation and that exemption can be made subject to conditions.

The Ministry of the Environment, Conservation and Parks is seeking comments on a proposed regulation that, if made, would designate the proposed Reid Road Reservoir Quarry as an undertaking subject to requirements under the Environmental Assessment Act (EAA), and provide a project specific process for this project. This is in response to the numerous concerns raised to date, including:

•  more than 20 members of the public requested the proposed quarry be made subject to requirements of the EAA
•  more than 1,000 objections were made to the Minister of Natural Resources and Forestry as part of the Aggregates Resources Act process
• the quarry is located near sensitive natural features such as wetlands, as well as the community of Campbellville. 

By requiring an environmental assessment process for this quarry, additional opportunities for public consultation and studies would be provided including studies not required as part of the application process under the Aggregate Resources Act.

Proposed Regulation

In order to designate this quarry as an undertaking that is subject to the requirements of the Act and to exempt the undertaking from certain environmental assessment requirements, a project-specific regulation would need to be made by the Lieutenant Governor in Council. Recognizing the work that has been completed to date pursuant to the Aggregate Resources Act application process and recognizing the significant public interest and the environmental concerns raised, consideration is being given to requiring an environmental assessment process specific to the project.

The proposed regulation would, if made:

• Designate this as a major commercial or business enterprise or activity as an undertaking to which the Act applies;
• Exempt the undertaking from certain requirements of the Act so long as the requirements of the proposed regulation are met.

Notable provisions of the proposed regulation would include:

• an exemption from the requirement to prepare and obtain an approval by the Minister of a Terms of Reference, along with other provisions of the Act that refer to Terms of Reference;
• an exemption from some of prescribed content requirements for an environmental assessment as outlined in the Act.
• specific requirements for the content of the environmental assessment, would include;
  • a description of the purpose of the undertaking;
  • a description of and a statement of the rationale for the undertaking and any alternative designs specific to the implementation of the undertaking (such as assessing an alternative to underwater blasting).
  • a description of:
• the environment that will be affected or that might reasonably be expected to be affected, directly or indirectly,
• the effects that will be caused or that might reasonably be expected to be caused to the environment, and
• the actions necessary or that may reasonably be expected to be necessary to prevent, change, mitigate or remedy the effects upon or the effects that might reasonably be expected upon the environment,

by the undertaking, and any the alternative designs of carrying out the undertaking that can be considered;

• an evaluation of the advantages and disadvantages to the environment of the undertaking and any alternative designs of carrying out the undertaking that were considered;
• a description of any consultation about the undertaking by the proponent and the results of the consultation;
• in addition to what is required under the Act, specific requirements for consultation on the environmental assessment, including public meetings. and,
• additional specific studies pertaining to groundwater, including a door to door well survey program, water quality monitoring program, and an assessment of the effects to groundwater from blasting below the water table; and other studies such as a fugitive dust study and haul route conditions.

It is anticipated that the remaining provisions of the Act would apply to the quarry if designated.

Given the work done to date, the ministry anticipates that the proponent would be able to use information developed as part of the Aggregate Resources Act application process for the development of the environmental assessment.

Proposed Reid Road Reservoir Quarry

The quarry is proposed by James Dick Construction Limited and is located about 1.5 kilometres west of the Hamlet of Campbellville, in the Town of Milton, at 9210 Twiss Road.

The site is 83 hectares in size, with the proposed quarry licence area totalling 29.4 hectares. The proposed area to be extracted is 25.7 hectares. The maximum annual tonnage of material shipped from the quarry would be 990,000 tonnes. The lifespan of the quarry is expected to be about 20 years.

The project includes the removal of the limestone bedrock resource (Amabel Dolostone) using a technique known as under-water blasting.

Recycled asphalt and concrete materials and crushed aggregate material may also be brought to the site for accessory recycling and blending with on-site materials. The maximum amount of unblended imported material to be stored on-site is 60,000 tonnes.

The haul route used by quarry vehicles would be east/west along Reid Sideroad to Highway 401.

The proponent applied to the Ministry of Natural Resources and Forestry under the Aggregate Resources Act for a licence to operate a pit and quarry on the property, which previously contained a sand and gravel pit operation. The proposed licence would re-instate the Aggregate Resources Act licence for the former pit operations for the portions of the property that were previously extracted.

Public response to the proposed quarry

As indicated above, the Minister of Natural Resources and Forestry received over 1000 objections to the proposed quarry through the Aggregate Resources Act process. The Ministry of the Environment, Conservation and Parks received over 20 requests from members of the public asking that the quarry be designated as an undertaking that is subject to the requirements of the Environmental Assessment Act.

Among the issues raised in the requests to designate the quarry were concerns related to impacts to groundwater from under-water blasting.

Implementation and timelines

If a regulation is made designating the quarry as an undertaking that is subject to the requirements of the Act, the proponent would be required to meet fulfill any requirements under the Act prior to proceeding with implementation of their project.

If made, the proposed project-specific regulation would come into effect on a date specified in the regulation.

Other information

The Aggregate Resources Act approval process has a 2-year (maximum) notification and consultation period; which began August 2, 2018. The proponent’s notification and consultation period was extended to January 29, 2021 due to the COVID-19 pandemic. Once the proponent submits a report documenting how issues and concerns have been addressed and considered, the Minister of Natural Resources and Forestry would make a decision under the Aggregate Resources Act.