Government Response to the Standing Committee on General Government’s Report on the Review of the Aggregate Resources Act

Standing Committee on General Government

February 20, 2014

Dear Committee Members,

On behalf of the Ontario government, I respectfully submit our comprehensive response to the Aggregate Resources Act Review.

We would like to thank the Committee members for their hard work and dedication in carrying out the review and finalizing their recommendations. We would also like to recognize the important contributions made by key stakeholders, the public and Aboriginal communities through participation in the Committee’s hearings and providing written submissions.

Our government is committed to moving forward in a manner that is consistent with the constitutional recognition of existing Aboriginal and treaty rights and supports increased and meaningful participation by Aboriginal communities in the benefits derived from the management and development of Crown aggregate resources in Ontario.

The recommendations in the report recognize the importance of working together, through transportation and land use planning, resource conservation and the regulation of pit and quarry operations, to ensure the wise management of this essential resource.

We recognize that the recommendations represent the consensus of an all-party Committee. On a topic as challenging as the management of our aggregate resources, this is no simple feat. Each and every member of the Committee is to be commended on his or her efforts.

It is with the belief that the best ideas and approaches are developed through cooperation and collaboration, that we are pleased to provide this comprehensive response outlining our government’s plans to move forward with implementing changes that are consistent with the Committee’s recommendations.

Respectfully submitted,

David Orazietti

Minister of Natural Resources

Introduction

In March 2012, the Ontario Legislature passed a motion calling on the Standing Committee on General Government to review the Aggregate Resources Act, and to report to the House its observations and recommendations with respect to strengthening the Act. The Aggregate Resources Act had not been reviewed since 1996.

The Committee’s focus included, but was not limited to, the following areas: the Act’s consultation process; how siting, operations, and rehabilitation are addressed in the Act; best practices and new developments in the industry; fees/royalties; and aggregate resource development and protection, including conservation/recycling. The Committee completed their review and tabled their report in the Legislature on October 30, 2013.

The Committee made 38 recommendations regarding various aspects of aggregate resources management in Ontario. The recommendations focused on public information on aggregate resources and operations, the processes and procedures associated with reviewing new pit and quarry proposals and requests to change existing approval conditions, the reporting requirements for compliance, rehabilitation, recycling and dormant sites, rehabilitation, fees, the use of recycled aggregate materials, municipal land use planning responsibilities and the review of haul routes, aggregate operations on agricultural land, cumulative impacts on water resources and alternative (rail, water) transportation methods.

The Ministry of Natural Resources, in collaboration with the ministries of Transportation, Agriculture and Food, Rural Affairs, Environment, Municipal Affairs and Housing, Northern Development and Mines, Infrastructure and Finance, has reviewed the Committee’s recommendations and developed this response. The government acknowledges the excellent work of the Committee members. We fully support the spirit of the recommendations and will proceed with the development of changes consistent with those recommendations.

This report outlines the government’s plans to conduct phased stakeholder and public consultations to address recommendations in the report, beginning with key stakeholders and interested Aboriginal communities and organizations to develop solutions, then proposing policy changes for broader input. The topics that we will be engaging on include:

• processes and requirements for new pit and quarry applications and changes to existing approvals,
• assessment of impacts to agriculture and water resources, including cumulative impacts to water resources,
• rehabilitation information and requirements, and the need for new data to inform enhanced rehabilitation, particularly on agricultural lands,
• creating incentives and removing barriers to using recycled aggregate materials, and
• approaches to establishing future fee levels and models for aggregate fees that are fair, equitable and reflect the importance of aggregate resources to our society.

Through engagement, we will establish a clear map of the future legislative and regulatory needs for our aggregate resources management framework in Ontario and plan to bring these proposals forward in the fall of 2014.

Improved public information on aggregate operations

Committee recommendations

1. The Ministry of Natural Resources should publicize the establishment of its Pits and Quarries Online website on licenced/permitted aggregate operations in Ontario and act to continually enhance the information on this website. Consideration should be given to reporting progressive rehabilitation activities and progress (i.e. area rehabilitated) at individual aggregate operations recorded on this website.
2. The Ministry of Natural Resources should work and cooperate with individual aggregate-producing municipalities to add mapped information of aggregate operations and local planning designations related to aggregate resources that could complement the Pits and Quarries Online website.
3. The Ministry of Natural Resources should continue the preparation of a periodic up to date public assessment of current Ontario aggregate demand and supply and future needs, based on the findings of the State of the Aggregate Resource in Ontario Study (SAROS) (2010). This information should be made available on a public website.

Government response

• Pits and Quarries Online was launched by the Ministry of Natural Resources in May 2013, enabling Ontarians to easily locate pit and quarry sites in Ontario. The government is pleased to see that the Committee recognized the value of Pits and Quarries Online. It was developed to improve transparency to the public with respect to sites that are regulated under the Aggregate Resources Act.
• This government is committed to ensuring access to information. Pits and Quarries Online is currently being enhanced to complete the inventory of sites and improve search features. We are committed to making further improvements to Pits and Quarries Online in the future.
• The ministry introduced key stakeholders and other ministries to Pits and Quarries Online upon its launch. The ministry will reach out more broadly to other organizations to promote the website’s utility, and will continue to provide updates as new improvements and enhancements are completed.
• We support the Committee’s position that enhanced information on aggregate resources in municipal plans would be beneficial.
• The five-year review of the Provincial Policy Statement under the Planning Act has afforded an opportunity for improved municipal planning, such as policy direction to require the mapping of aggregate resource deposits in municipal planning documents where provincial information is available to support this.
• This government undertook a study in 2008 to update key aggregate information for Ontario. The State of the Aggregate Resources in Ontario Study was completed in 2010. We are pleased to see that the Committee acknowledged the importance of that research and we strongly support the need for periodic updates to this information in the future.

Next steps

• Our government is already taking steps to enhance the information on Pits and Quarries Online by:
  • adding aggregate sites that are held by the Ministry of Transportation that support the provincial highways program. The public will soon have access to information on every pit and quarry regulated under the Aggregate Resources Act,
  • enhancing the search options, to allow people to search for sites based on individual municipal boundaries, and
  • introducing a ‘print a map’ feature that will allow users to create and print maps of pit and quarry sites.
• We will continue to work with our municipal, industry, environmental and community stakeholders, and Aboriginal communities to explore opportunities to share information on aggregate resources through publicly accessible resources such as Pits and Quarries Online.
• As new digital information sources are developed (e.g., compliance, rehabilitation and recycling information), consideration will be given to establishing an appropriate and effective means of sharing this information.
• We are committed to updating information on the state of our aggregate resources as necessary to inform decisions on their management.

Licensing procedures and associated matters

(Note: recommendation 6, regarding fees, addressed separately in following pages)

Committee recommendations

4. The Ministry of Natural Resources, the Ministry of Municipal Affairs and Housing, and the Ministry of the Environment shall simplify and standardize, wherever feasible and practical, the consultation processes, timelines, and data requirements associated with aggregate applications, including licences, site plans, and permits subject to review or consideration under the Aggregate Resources Act, the Planning Act, and the Environmental Bill of Rights, and other relevant statutes.
5. The Ministry of Natural Resources should undertake measures to simplify the Provincial Standards on Aggregate and the Aggregate Resources Policy Manual. The Committee supports the use of innovative measures by the Ministry, such as the digital collection of inspection data to improve the efficiency and effectiveness of inspections.

7. The Ministry of Natural Resources, in cooperation with major aggregate-producing municipalities, should periodically review and update major aggregate haulage routes to reduce adverse community impacts. The review should reflect changing haulage patterns, measures to mitigate dust, highway and roadway improvements, and recent municipal development. Municipalities are also encouraged to incorporate the definition and mapping of haulage routes in their Official Plans adopted in accordance with the Planning Act.
8. The Ministry of Natural Resources should begin a consultation process involving relevant stakeholders to simplify and standardize procedures under ss. 16 and 37 of the Aggregate Resources Act with respect to minor and major site plan amendment practices, including improved methods of informing local communities of proposed changes.

Government response

• Our review and permitting processes for aggregate operations should be clear and predictable for the public and stakeholders, and streamlined wherever possible while maintaining or enhancing enforceable safeguards.
• We support the recommendation to explore aligning and integrating, where possible, the processes and information requirements of the Aggregate Resources Act, the Planning Act and the Environmental Bill of Rights, while recognizing each piece of legislation has unique purposes and objectives that need to be respected. We will also look for other opportunities to align information requirements under other legislation, such as the Ontario Water Resources Act and the Clean Water Act.
• We recognize the municipalities’ role in determining and managing haul routes, and will work with them to identify any changes needed to the Aggregate Resources Act on this subject.
• We are committed to engaging Aboriginal communities and key stakeholders on the need for changes and enhancements to the information, notification and consultation requirements associated with new pit and quarry operations, as well as exploring opportunities to standardize requirements between the Aggregate Resources Act, Planning Act and the Environmental Bill of Rights.
• We are committed to meeting our constitutional and other obligations in respect of Aboriginal peoples. It is recognized that where the duty to consult arises, it is distinct from any legislative requirement to consult with stakeholders.
• With respect to site plan amendments, the government believes that there may be a need to go beyond the Committee’s recommendations to address concerns expressed by some of our municipal partners who are interested in having a stronger role in this process. Our government will engage municipalities and our community / industry stakeholders in developing solutions to ensure that our process for amendments is transparent, fair and efficient.
  • The input from these initial discussions will inform the development of proposals on our future processes for applications and amendments that will have the benefit of full public participation before they are put in place.
  • As we examine these processes, we will seek to identify opportunities to incorporate innovative and modernized approaches in the ministry’s service delivery.

Next steps

• Work with key stakeholders and Aboriginal communities on the need to consider:
  • changes/enhancements to the information and technical studies supplied as a part of an application for a new licence or permit to address:
    • the potential impacts to agricultural resources and operations, and the establishment of pre- extraction agricultural capacity/production to inform post-extraction rehabilitation requirements,
    • the potential impacts to water resources, including municipal drinking water sources, and the conditions under which cumulative impact assessments related to surface and groundwater resources will be required in support of an application,
    • the adequacy of proposed progressive and final rehabilitation plans, including the performance indicators that will be monitored/reported to determine if requirements are met,
    • the potential for adverse impacts on established or asserted Aboriginal or treaty rights to inform appropriate consultation and accommodation measures,
    • opportunities to standardize information requirements with those under the Planning Act and other legislation, and
    • enhancements to information to be supplied regarding the proposed method(s) for transporting of aggregate, whether by road, rail or marine.
  • Changes to the notification and consultation requirements and process for new applications to facilitate improved public participation and engagement of Aboriginal communities. We will also explore opportunities to standardize, and integrate where possible, the requirements between the Aggregate Resources Act, Planning Act, the Environmental Bill of Rights, and other legislation.
• We will engage a focus group to discuss information needs on the matter of agriculture and aggregates (addressed in more detail later in this response). This work will help inform the need for new technical and process requirements related to agricultural resources.
• Work with municipalities, Aboriginal communities and community /industry stakeholders to improve the processes for site plan amendments, including a review of:
  • how amendments are considered/classified (significant vs. minor),
  • when/how municipalities, Aboriginal communities and neighbours/public are notified, engaged, and consulted, and
  • whether new measures are required to ensure that the municipal, community and stakeholder input to this process is fair, efficient and transparent.
• Provide full public participation opportunities to comment on policy proposals that are developed during the early engagement described above.

Review of licences

Committee recommendations

9. For major site plan amendments, including a change to extraction depth, an increase in the amount of aggregate to be removed each year, and significant changes to the operation, or rehabilitation of the site, the aggregate licensee/permittee shall continue to be required to circulate the proposed amendment to pertinent agencies such as the Ministry of the Environment, or conservation authorities.
10. In their preparation of annual compliance reports operators shall report to the Ministry of Natural Resources on proper operating practices, progress with phased rehabilitation and, where feasible, their use of recycled aggregate materials. The Ministry of Natural Resources should post the key findings of these annual reports, while respecting corporate confidentiality requirements, on its Pits and Quarries Online website.
11. To facilitate improved public participation in association with aggregate licence applications, the Ministry of Natural Resources should increase the public notification period from the current 45 days and increase the notification area beyond the current 120 meter distance.
12. In cases where licenced pits and quarries are reactivated subsequent to being dormant for a prolonged period of time, the licensee/permittee should provide advance notice to the municipality and adjacent landowners.

Government response

• As noted in our response to the Committee’s recommendations on licencing procedures and associated matters, we will work with key stakeholders and Aboriginal communities to identify necessary changes to the requirements and processes for applications and amendments, including timeframes and notification areas.
• As a part of that exercise, we will discuss the information that we collect from aggregate operations relating to compliance, rehabilitation, and recycling, to ensure that we are collecting necessary and relevant We will also look for the best ways to publicly share key information on those subjects.
• We will also discuss how best to implement the Committee’s recommendation about notifying municipalities and adjacent landowners when dormant sites are planning to resume operations.

Next steps

• As a part of the discussions on the need for changes to the rules for applications, operations and amendments, we will:
  • investigate the need to modify or enhance the information that is reported by operators related to compliance, rehabilitation progress and the recycling of aggregate materials,
  • identify appropriate methods and formats (e.g., digital / paper, website postings) for the submission of information to facilitate improved public access to application information, and
  • explore the best methods of implementing requirements to notify municipalities and adjacent landowners when dormant sites are planning to resume operations.

Fees

Committee recommendations

6. The Ministry of Natural Resources (in cooperation with the Ministry of Finance) should increase the annual licence/permit fees, and royalty on Crown land related to the tonnages of aggregate material for all types of regulated aggregate extraction whether on private or Crown land. Where private companies operate a pit or quarry on Crown land they should be subject to the same fee, with similar distribution practices, as other private aggregate operators on private land. The increased revenues should be suitably distributed to support Ministry of Natural Resources aggregate program administration and inspection, build or maintain local infrastructure, conduct innovative aggregate research or monitoring, or provide programs to promote recycling and/or rehabilitation of abandoned pits and quarries. A regular review of the fee/royalty structures should be conducted by the Ministry of Natural Resources. The increased fees should be appropriately placed in special purpose or dedicated funds administered by the Ministry of Natural Resources. Increased fee structures and associated programs should be subject to periodic independent financial audit and program effectiveness evaluations.

Government response

• Increasing and standardizing fees from pits and quarries is a complex issue that has drawn considerable interest from our stakeholders.
• The government reviewed the fees in 2007 at which time fees were almost doubled.
• We recognize work is underway by the Top Aggregate Producing Municipalities of Ontario and industry members on the subject of fees.
• The best way to find solutions to some of the significant challenges associated with implementing this recommendation is through collaboration. We do not intend to implement any new fees without the full benefit of input from Aboriginal communities, the public and stakeholders.
• As we move forward, we must recognize that aggregates are a critical ingredient in our infrastructure and basic needs, such as housing. Significant increases in fees and royalties will have a direct effect on the costs associated with the construction of municipal roads and provincial highways.
• We must also recognize that while there are some high aggregate producing municipalities, other municipalities use more aggregate than the amount produced within their boundaries. These differences will need to be taken into account.
• Part of this recommendation is to make fees equitable between Crown and private land. In some areas of northern Ontario, private land is not regulated under the Aggregate Resources Act, and the need for equity between regulated and non-regulated areas will also be a consideration.
• In considering changes to fee levels, the government will need to assess the program capacity required to effectively and efficiently deliver the mandate of the Aggregate Resources Act, and ensure that full cost recovery of the future delivery is built into new fee levels. The design of new fee levels and accounting strategies will consider the future option of alternate delivery models (e.g., delegated administrative authority or agency models).

Next steps

• The Ministry of Natural Resources, the Ministry of Transportation, the Ministry of Infrastructure, the Ministry of Municipal Affairs and Housing, the Ministry of Agriculture and Food the Ministry of Rural Affairs, and the Ministry of the Environment will engage Aboriginal communities and municipal, industry and community stakeholders, through their representative associations, to discuss the Committee’s recommendations on fee and royalty enhancements. We will seek to identify how they could be implemented fairly and equitably, at levels that maximize benefits while supporting economic growth and affordable infrastructure.
  • These discussions will include consideration of how fee models could provide incentives to increase the use of recycled aggregate materials.
• The Ministry of Natural Resources and the Ministry of Transportation will work with Aboriginal communities to explore opportunities for their participation in sharing economic benefits derived from Crown aggregate resource management and development.

Use of recycled aggregate materials

Committee recommendations

13. The Ministry of Natural Resources, the Ministry of Transportation, the Ministry of Infrastructure, and the Ministry of Municipal Affairs and Housing, in cooperation with the Association of Municipalities of Ontario (AMO) and other relevant parties, should undertake consultations to expand the use and acceptance of recycled aggregate materials by Ontario municipalities, in conformity with accepted engineering standards. The Ministry of Transportation should work with all Ontario municipalities to share its technical expertise and best practices regarding aggregate recycling.
14. The provisions of Bill 56, the Aggregate Recycling Promotion Act 2013, specifically, to prohibit restrictions on the use of recycled aggregates in public sector construction work, should be adopted on an interim basis.
15. The Ministry of Natural Resources, the Ministry of Transportation, and the Ministry of Infrastructure should use (and publicize the use of) recycled aggregate materials in the construction and completion of all significant infrastructure projects.
16. The Ministry of Natural Resources, the Ministry of Transportation, the Ministry of Infrastructure, and individual municipalities that accept recycled aggregate, should, in cooperation with civil engineering experts, share their expertise and knowledge to establish technical protocols for testing recycled aggregate materials for their suitability and performance for broader use by municipalities and other public agencies across Ontario.
17. The Aggregate Resources Act should be amended to include (as a new Part following Part VI - Rehabilitation) definitions and requirements for the use of recycled aggregate materials.
18. The Aggregate Resources Act should be amended with a new clause under s. 2 (Purposes of Act): “to promote the conservation of primary aggregate reserves and the wider use of recycled aggregate materials in Ontario.”
19. The Aggregate Resources Act should be amended by adding to 12(1) (Matters to be considered by Minister) “provisions by the applicant to produce and/or market recycled aggregate materials.” Incentives for recycling should also be considered.
20. Various stakeholders (including relevant Ontario ministries, industry representatives, municipal governments, federal departments, and Statistics Canada) should be invited to set up a Task Force to consider establishing a standardized electronic monitoring system to measure the extent of aggregate recycling in Ontario.
21. The Ministry of Natural Resources should, in cooperation with the Ministry of Transportation and Ministry of the Environment, other interested agencies, municipalities, and with input from the aggregate, construction and demolition industries, periodically report on the state of aggregate recycling and re-use within the broader public sector in Ontario.

Government response

• The government fully supports the Committee’s position that the conservation of aggregate resources is a key component of the management of the resource that needs to be addressed through the Aggregate Resources Act.
• The Committee clearly understood the matter of aggregate recycling and its recommendations reflect the number of ministries and organizations that are involved in this activity. We acknowledge that the government has some work to do to determine the best methods of tracking and reporting on the use of recycled aggregate materials in the province.
• We believe that consumers want to do the right thing when it comes to conserving aggregate resources, and that education and information will be our strongest tool in increasing the acceptance and use of recycled aggregate materials.
• Our government recently announced the Ministry of Transportation’s Greenpave Rating System, which recognizes the use of recycled materials and conservation of natural resources in pavement design and construction.
• The issue of recycled aggregate materials involves several provincial ministries and all municipalities. The aggregate industry, communities and members of the public also have a strong interest in how and when we use recycled aggregate.
• Our government is committed to removing barriers to the use of recycled aggregate materials in appropriate applications.
• Our discussions with our municipal partners and our federal counterparts will help ensure that we have a complete picture of our legislative and/or regulatory needs to support continual improvement in aggregate recycling.

Next steps

• The Ministry of Transportation will continue its leadership role and knowledge transfer to municipalities regarding the ministry’s experience with recycled aggregate standards development and the use of recycled aggregate materials in provincial highway projects.
• The Ministry of Natural Resources, the Ministry of Transportation and the Ministry of Infrastructure will take steps to encourage greater use and acceptance of recycled aggregate materials by:
  • initiating formal discussions with our municipal partners, including political leaders, public works/engineering staff, and respective associations to share perspectives and technical information on the use and promotion of recycled aggregate, establish a common understanding of the benefits and challenges on this issue, and develop a mutually agreeable path forward,
  • determining if there is a need to amend Ontario government procurement policies to clearly state that we will not preclude the use of recycled aggregate materials where it is permitted by engineering specifications, either through the design or award of contracts,
  • assessing the need for/appropriateness of including similar policies in the Broader Public Sector Procurement Directive, and
  • exploring opportunities to provide incentives for the use of recycled aggregate materials through the future fee and funding structures.
• We will use these discussions to identify the necessary changes to Ontario’s legislative and regulatory framework for aggregate recycling.
  • Establish a federal-provincial government working group to identify existing information sources and data collection initiatives related to the production, use, storage, and disposal of newly extracted aggregate and recycled aggregate materials. This information will be used to determine if there are existing data sources that could be combined or enhanced to provide information on trends in the recycling of aggregate materials. The group will also be asked to develop definitions related to recycled aggregate materials to support common understanding of terms as we advance their use and acceptance in the province.

Municipal land use planning responsibilities

Committee recommendations

22. All municipalities with active or potential aggregate production shall apply sound planning principles related to the separation of land uses and studies of haul routes for aggregate operations, to minimize disruption and tension with current or future non-aggregate land uses.
23. Wherever possible, the Ministry of Natural Resources and the Ministry of Municipal Affairs and Housing should work with municipalities in the exercise of the local planning responsibilities with respect to protecting the non-renewable aggregate resource, accommodating its extraction, and developing suitable relationships with neighbouring land uses.

Government response

• Municipalities play a fundamental role in the management of our aggregate resources.
• The Ministry of Natural Resources, the Ministry of Municipal Affairs and Housing and the Ministry of the Environment, along with partner ministries, will continue to support municipalities in their local planning activities by providing advice and guidance materials.
• Changes to the Provincial Policy Statement requiring the mapping of aggregate deposits would support planning activities related to the protection of resources and compatible development of land uses.

Next steps

• The Ministry of Northern Developments and Mines is reviewing the technical scope and content of its Aggregate Resources Inventory Papers, known as ARIPs, to ensure the geoscience content continues to meet the needs of a diverse user group. These inventories provide geological information and an assessment of aggregate resources to help inform municipalities’ planning strategies and official plans and guide broad area selection by potential aggregate developers based on geological These reports include an assessment of sand, gravel and bedrock resources for selected regions of Ontario.
• The Ministry of Natural Resources, the Ministry of Agriculture and Food, the Ministry of Rural Affairs, the Ministry of Municipal Affairs and Housing and the Ministry of the Environment will identify prioritized requirements for guidance materials on aggregate resources policies needed to assist municipalities in implementing the revised Provincial Policy Statement.

Aggregate operations and agricultural land

Committee recommendations

24. The Ministry of Natural Resources in its approval and administration of aggregate sites located on prime agricultural land (as defined in the Provincial Policy Statement), or on other agricultural lands that were under cultivation prior to aggregate extraction, should ensure, wherever practical, the phased progressive rehabilitation of these sites and their expeditious return to agricultural production. Rehabilitative measures shall act to restore land, where practical, to agricultural capability(ies) or production equal to or higher than its capability(ies) or production prior to extraction.
25. The Ministry of Natural Resources should incorporate requirements for monitoring and recording of agricultural capability, or actual agricultural production, at aggregate sites where there are opportunities for rehabilitation that restores agricultural capability. Agricultural monitoring should take place at the initial site plan review stage. Operators should also be required to include information on the progress of agricultural rehabilitation, where feasible, in their annual compliance reports as required by the Aggregate Resources Act. Consideration should also be given to including information regarding progressive rehabilitation to agriculture at individual licenced/permitted sites on the Ministry of Natural Resources Pits and Quarries Online website.
26. When an aggregate application is made on prime agricultural land (as defined in the Provincial Policy Statement), the applicant should file the application with the Ministry of Agriculture and Food to enable the Ministry to evaluate the rehabilitation plan and the potential reduction of local agricultural capacity.
27. The Ministry of Natural Resources, in cooperation with the Ministry of Agriculture and Food and the participation of the Ontario Stone Sand and Gravel Association, the Ontario Federation of Agriculture, the Ontario Aggregate Resources Corporation and other relevant parties, should undertake an evaluation of current and potentially innovative rehabilitation practices by which excavated areas may be returned to agricultural production.

Government response

• We are striving to achieve a balance that meets our need for aggregate resources while protecting other key assets like water, natural and cultural heritage and agricultural resources.
• This government fully supports the Committee’s recommendations related to aggregate operations on agricultural Ontario’s farmland is a finite, non-renewable resource and its long-term protection is important to the government.
• Our agriculture and aggregate resources are both vital to our society, and we need to work together to continually improve how we manage multiple resources on the landscape. Ontario’s long-term prosperity and social well-being depend on protecting agricultural and aggregate resources, given their economic and social benefits.
• The Committee’s recommendations point to the need to do a better job of rehabilitating aggregate sites to agricultural uses and improve the monitoring and reporting on those activities, enabling the public and our stakeholders to see this progress.
• Some of our key aggregate and agriculture industry stakeholders are already working towards these improvements.
• We agree with the Committee that it is important to bring all of the parties together to develop the detailed changes that are needed to support these improvements.
• On the matter of aggregate extraction on prime agricultural lands, the government believes that there may be a need to go beyond the Committee’s recommendations to address concerns expressed by some of our agricultural stakeholders and through various public interest groups, about the need to better protect farmland.

Next steps

• The Ministry of Natural Resources will work with the Ministry of Northern Developments and Mines, the Ministry of Agriculture and Food and the Ministry of Rural Affairs to review aggregate resources mapping, to better understand where important aggregate resources are overlaid with prime agricultural lands. Further assessment and work will be done to ensure the balanced protection of these valued resources.
• Establish a focus group on aggregates and agriculture to work on:
  • The type of information that would need to be collected and assessed at the time of application, regarding the pre-extraction agricultural land and operations to inform:
    • the pre-extraction soil capability and agricultural production,
    • the impacts of the loss (whether temporary or permanent) of agriculture resources and production both on site and in the context of the surrounding agriculture lands,
    • the evaluation and mitigation of impacts, and
    • the development of the rehabilitation requirements, including a description of the end result with timelines, milestones and performance indicators that would ensure the progressive rehabilitation of the land to agriculture.
  • The type of information that should be collected, both at a site level and at a regional or provincial level, to ensure that we are monitoring our relationship between these two activities and are able to report on our progress.
  • Exploring opportunities to promote the adoption of enhanced agricultural rehabilitation on existing aggregate operations where the pre-existing land use was agriculture.
  • Identifying what information resources currently exist that would inform operational and rehabilitation plans for sites that are being returned to agricultural uses, and what information gaps need to be filled (e.g., need for new research, best management practices, etc.)
  • Establishing knowledge transfer mechanisms to promote the use of research and Best Management Practices (BMPs) that would be developed.

Cumulative impact of aggregate operations on water resources

Committee recommendations

28. The Ministry of Natural Resources, in conjunction with the Ministry of Environment, conservation authorities, and aggregate producers, should ensure that potential cumulative impacts upon surface and groundwater resources are appropriately assessed and mitigated where warranted. Independent technical analyses should be undertaken where appropriate.

Government response

• Water is a crucial resource that we must manage wisely.
• This government recognizes that the protection of our surface and groundwater resources must be a consideration in our decisions on aggregate resource development proposals.
• We agree with the Committee on their recognition of the need to ensure that the cumulative impacts on water resources are assessed and mitigated, where warranted, and we will move forward on identifying the circumstances under which these assessments are required.
• The government is fortunate to have many partners working with us to ensure the protection of our water We will ask municipalities, conservation authorities, the aggregate industry, Aboriginal communities and other key stakeholders, to join us in discussions about the best way to implement these requirements.
• These discussions will be aimed at establishing clear and consistent rules for when these assessments would be required and what their scope would be.
• Our government is also committed to ensuring the protection of municipal drinking water sources under the Clean Water Act. We will take the Committee recommendation one step further, and identify whether our existing framework for reviewing aggregate operations needs to be enhanced to ensure we are providing adequate protection for our municipal drinking water sources from both our existing and future operations.
• We will work together with our water resource protection partners to ensure that we find the right balance; one that safeguards and sustains municipal water supplies while ensuring an adequate supply of aggregate resources to support our infrastructure needs.

Next steps

• As mentioned under the section on Licencing Procedures and Associated Matters, a part of our discussions on the information and technical studies that should be supplied in support of an application for a new licence or permit will address:
  • Assessing the potential for impacts to water resources, including drinking water sources and water for ecological needs, and the conditions under which cumulative impact assessments related to surface and groundwater resources would be required in support of an application.
    • As these assessments may need to address or incorporate the impacts of existing and proposed activities and enterprises, consideration will need to be given to the mechanisms required to support their inclusion.
• Through these discussions, we will also explore whether changes are needed to our existing regulatory framework for approved operations to ensure adequate protection of our water resources, including municipal drinking water sources.

Rehabilitation of former sites

Committee recommendations

29. The Ministry of Natural Resources should, in acting to increase the annual licence fee, also consider increasing the share of this fee (s. 14 of the Aggregate Resources Act and Ontario Regulation 244/97) assigned to the Ontario Aggregate Resources Corporation to support a more aggressive program of rehabilitation of abandoned pits under the Management of Abandoned Aggregate Properties Program (MAAP).
30. The Ontario Aggregate Resources Corporation should be encouraged to publicize notable rehabilitated aggregate sites that could be attractive for enhanced use as natural or recreation sites in close proximity to urban centres.
31. Stakeholders (including relevant Ontario Ministries, representatives of the aggregate industry, engineering and agriculture specialists, the Niagara Escarpment Commission, and interested municipalities) should establish a Task Force to develop Best Practice Guidelines for the rehabilitation of aggregate sites in Ontario. Rehabilitation principles for various successor land uses should be developed.
32. The Ministry of Natural Resources, in cooperation with the Ontario Stone, Sand and Gravel Association and individual aggregate operators, should develop expedited rehabilitation standards and requirements for aggregate operations in locations surrounded by higher population densities, or in the vicinity of settlement areas.
33. The Ministry of Natural Resources should continue to support and facilitate the partial surrender of aggregate licences (“reduction of licenced area”) when rehabilitation work has been completed on a portion of the site where extraction has ceased. This action, particularly at larger, long lifespan aggregate operations, may serve to accelerate the transition to future use(s), where this remains compatible with nearby active aggregate extraction.

Government response

• The rehabilitation of pits and quarries is an important component of the Aggregate Resources Act.
• There are some excellent examples of rehabilitation that is being done at pit and quarry sites, and the operators of those sites are to be commended for their efforts.
• We also recognize there is room for improvement. Good rehabilitation practices should be the standard for every pit and quarry site.
• We already have a framework in place that provides rehabilitation requirements for every site that is regulated under the Act. The Act even goes beyond regulated sites when it comes to rehabilitation, establishing funds through the Aggregate Resources Trust to provide for the rehabilitation of legacy sites that were abandoned before they were required to obtain a licence under the Act.
• The government believes this is an area in which we can benefit from collaboration; to ensure we are collecting and sharing the right information about rehabilitation to inform decisions and report on our The information will also inform the development of regulatory standards and best management practices that help pit and quarry operators to design and deliver rehabilitation that benefits the values that are important to Ontarians and the local communities in which these pits and quarries operate.

Next steps

• Establish a working group on improving rehabilitation information. Participation would include, but not be limited to, representatives from:
  • provincial ministries (the Ministry of Natural Resources, the Ministry of Agriculture and Food and the Ministry of Rural Affairs, the Ministry of Municipal Affairs and Housing, Ministry of Transportation and the Ministry of the Environment),
  • Aboriginal communities,
  • interested municipalities,
  • the aggregate industry and their associations (the Ontario Stone, Sand and Gravel Association, the Cement Association of Canada),
  • environmental and community non-governmental organizations,
  • the Ontario Federation of Agriculture,
  • the Ontario Aggregate Resources Corporation, and
  • the Niagara Escarpment Commission.
• The working group would focus on:
  • what type of information is currently available, such as research, site-specific operational information, case studies, examples of good rehabilitation (phasing/timing, community/environmental benefit, innovation), and Aboriginal community and traditional knowledge,
  • what information needs to be shared more broadly (public information needs versus operational/industry needs), and what are the best approaches to sharing it effectively,
  • what needs to be developed, such as research and best management practices, rehabilitation reporting from operations, pre-operation agricultural capability information and tracking/performance monitoring parameters for rehabilitation.
• Information from the agricultural focus group will play a key role in these rehabilitation discussions.

Alternative modes of transport

Committee recommendations

34. The Ministry of Natural Resources, the Ministry of Transportation and the Ministry of Infrastructure should commission a technical study of the opportunities available in Ontario to utilize alternative water and rail modes of transport to move aggregate materials, drawing upon the experience of other North American jurisdictions.
35. The Ministry of Natural Resources, the Ministry of Transportation, the Ministry of Infrastructure and the Ministry of Economic Development, Trade and Employment should conduct a comprehensive inventory analysis of where raw aggregate and associated cement and asphalt products are being transported by marine transport within Ontario to determine whether such operations might be readily expanded for broader use by the aggregate industry. Appropriate consultations should be held with aggregate and shipping operators who utilize or provide these services.
36. The Ministry of Natural Resources, the Ministry of Transportation, and the Ministry of Infrastructure should seek to implement pilot project(s) on a priority basis to utilize the rail and/or marine modes of transport to transport aggregate materials and products. The development of a rail corridor to the north of the Greater Toronto Area should be examined as a priority. Financial or tax incentives to support such pilot projects should be considered.
37. The analyses undertaken pursuant to recommendations 34-36 should result in a report, prepared jointly by the Ministry of Natural Resources and Ministry of Transportation, with input from other relevant Ministries, containing recommendations on how to expand the role of the rail and marine modes of transport in the movement of aggregate and associated bulk materials within Ontario.
38. Section 12(l)(h) (Matters to be considered by the Minister) of the Aggregate Resources Act should be amended to include the enhanced use of rail or marine modes of transport.

Government response

• The government agrees with the Committee that the long-term transportation needs for the movement of goods, including aggregate resources, must be considered.
• We accept the spirit of these recommendations, and will seek opportunities to undertake further research and analysis on the opportunities that may exist for alternate transportation in the province.

Next steps

• The Ministry of Natural Resources, with the support of the Ministry of Transportation and other ministries, will work with our partners and key stakeholders to identify existing information resources, knowledge, current research, known gaps and challenges, and future information/research needs related to alternate transportation of aggregate materials in Ontario and other jurisdictions.

MNR 62829