Loading...
HomeMy WebLinkAboutPSD-031-13 Leading the Way REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 22, 2013 Resolution #: By-law #: Report #: PSD-031-13 File #: PLN 21.6 Subject: REVIEW OF AGGREGATE RESOURCES ACT RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-031-13 be received; 2. THAT the Government of Ontario be requested to resurrect the review of the Aggregate Resources Act, to expand the mandate of the review to include the financial, social and natural environment impacts of aggregate extraction as outlined in Attachment 1 to Report PSD-031-13, and to provide for broad public input, especially from aggregate host communities, by holding public hearings across the province; and 3. THAT all interested parties listed in Report PSD-031-13 and any delegations be provided with a copy of this report and be advised of Council's decision. x r Submitted by: Reviewed by. Y `H f " ` r Davie . ome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer JAS/FL/df 12 April 2013 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-031-13 PAGE 2 1. PURPOSE OF REPORT 1.1 Council, at its meeting of March 25, 2013, considered a resolution forwarded by the Township of Melancthon in Dufferin County regarding the review of the Aggregate Resources Act that was cancelled due to the proroguing of the provincial legislature in October 2012 (see Attachment 1). The resolution requested the provincial government commence a full review of the Act with public hearings being held in different areas of the Province to allow for the broadest possible public representation and participation. 1.2 Council referred the resolution to staff for the preparation of a report. This report has been prepared in response to that direction. 2. BACKGROUND 2.1 The Aggregate Resources Act, which governs the development of aggregate resources in Ontario, was approved in 1990 and replaced the Pits and Quarries Control Act. It was last updated in 1997. 2.2 In March 2012, the Ministry of Natural Resources announced that the Standing Committee on General Government had been directed by the legislature to develop recommendations to strengthen the Aggregate Resources Act. The Ministry also noted that aggregate resources are vital to Ontario's economy and, although plentiful, recent studies showed rising demand due to population growth and land constraints could significantly deplete resources within 20 years. 2.3 In early May 2012, the Standing Committee announced it would hold public hearings in Toronto in mid-May on the review of the Aggregate Resources Act. No additional opportunities were provided for public input. As noted above, the work of the Committee on the review ended with the proroguing of the provincial legislature. 2.4 The provincial government recently indicated in the February 19, 2013 Throne Speech that communities and residents should be involved from the beginning on major projects such as quarries, and that the provincial economy can only benefit from these projects with willing hosts. 3. MUNICIPALITY OF CLARINGTON COMMENTS 3.1 The Municipality submitted comments on the Aggregate Resources Act review to the Standing Committee on General Government in July 2012 (see Attachment 2). The letter noted the financial, social and environmental impacts from the large number and area of aggregate extraction operations located in Clarington, and requested that the following issues be addressed during the Aggregate Resources Act review: • A wider scope for studies submitted in support of new or expanding aggregate extraction operations to address the cumulative and region-wide impacts of aggregate extraction; REPORT NO.: PSD-031-13 PAGE 3 • The preparation of area-wide rehabilitation plans for aggregate extraction operations; and • Adjustment of the royalty fees paid to municipalities to reflect the true cost that aggregate extraction has on municipal infrastructure and services. 4. CONCURRENCE — Not Applicable 5. CONCLUSIONS 5.1 The full breadth of the financial, social and environmental impacts of aggregate extraction operations across Ontario is not properly addressed by the current Aggregate Resources Act. It would be appropriate for the Municipality to request that the provincial government resurrect the review of the Act, that the scope of the review be expanded to deal with the issues identified by the Municipality in its July 2012 letter, and that the review provide for more opportunities for public input especially in aggregate host communities. CONFORMITY WITH STRATEGIC PLAN The recommendations contained in this report conform to the general intent of the following priorities of the Strategic Plan: X Promoting economic development X Maintaining financial stability Connecting Clarington X Promoting green initiatives Investing in infrastructure Showcasing our community Not in conformity with Strategic Plan Staff Contact: Janice Szwarz, Principal Planner Attachments: Attachment 1 - Resolution from Township of Melancthon Attachment 2 - July 17, 2012 Letter to David Orazetti List of interested parties to be advised of Council's decision: The Honourable Kathleen Wynne, MPP, Premier of the Province of Ontario The Honourable David Orazietti, MPP, Minister of Natural Resources The Honourable Bas Balkissoon, MPP, Chair of the Standing Committee on General Government The Honourable John O'Toole, MPP, Durham Roger Anderson, Chair, Regional Municipality of Durham Mayor Bill Hill, Township of Melancthon Attachment 1 To Report PSD-031-13 i i Council Meeting of March 25th 2013 Correspondence for Direction D13 Denise Holmes, CAO-Clerk/Treasurer, Township of Melancthon, advising Council that on March 7, 2013, the Council of the Township of Melancthon adopted the following resolution pertaining to the Aggregate Resources Act (1990) Review: "WHEREAS former Premier Dalton McGuinty has resigned and prorogued the House until such a time as a new Liberal Party leader and Premier of Ontario is sworn in; AND WHEREAS prorogation of the Legislature has resulted in the dissolving of the Committee formed to review the Aggregate Resources Act (1990), and the cancelling of the work of that Committee; AND WHEREAS Kathleen Wynne has now been sworn in as Premier of the Province of Ontario and the Legislature did resume sitting commencing with the Throne Speech on February 19, 2013; AND WHEREAS the Throne Speech of February 19, 2013 made indication of the Government of Ontario's belief that the people of the Province of Ontario should have real input into the placement and licensing of gravel pits and quarries; AND WHEREAS the Aggregate Resources Act (1990) is an Act regulating the operation of gravel pits and quarries in the Province of Ontario; AND WHEREAS the Aggregate Resources Act (1990) is outdated and insufficient to adequately address the multitude of issues raised by Municipalities, Ontario residents, Conservation Authorities, farmers, and other interested parties; AND WHEREAS a full review of the Aggregate Resources Act (1990) was promised to all the residents of Ontario during the last election campaign and was subsequently commenced after the election, only to be cancelled by the proroguing of the legislature; THEREFORE BE IT RESOLVED THAT the Honourable Kathleen Wynne, Premier of the Province of Ontario, commence a full review of the Aggregate Resources Act (1990), and that review be accessible to the people of Ontario and that public hearings with delegations be held in different areas of the Province to allow for the broadest possible public representation and participation; AND THAT Dufferin County be a location included as a part of that review and that Council for the Township of Melancthon and Members from North Dufferin Agricultural and Community Taskforce both be given a Delegation time before the Hearing Board; AND THAT this motion be circulated to the Honourable Kathleen Wynne, Premier of the Province of Ontario; MPP David Oraziette, Minister of Natural Resources; Ontario Cabinet; MPP Sylvia Jones, Member for Dufferin-Caledon; MP David Tilson, Dufferin- Caledon; all Dufferin County Municipalities, the top 10 aggregate producing Municipalities; the Nottawasaga Valley Conservation Authority; The Grand River Conservation Authority; the Niagara Escarpment Commission and Conservation Ontario and the North Dufferin Agricultural Community Taskforce. i Attachment 2 To Report PSD-031-13 I Filigtoll ® I Lea ing the Way July 17, 2092 Mr. David Orazietti, MPP Chair I Standing Committee on General Government Room 1405, Whitney Block, Queen's Park Toronto, ON. M7A 1A2 Dear Mr. Oraziettl: Re; Aggregate Resources Act Review The Municipality of Clarington is one of the top aggregate resource producing municipalities in the Province of Ontario, With over 934 hectares of land within the Municipality zoned for aggregate resource extraction, Clarington has had, year after year, an exceedingly difficult burden placed on its fiscal shoulders to address infrastructure, the environment, and social impacts which aggregate extraction has within the Municipality, The cumulative impacts of having such a large number and area of aggregate extraction operations within Clarington are also a major concern to the Municipality. Regional environmental impacts such as the loss of habitat corridors and critical mass of environmental lands needed for healthy and vibrant ecosystems cumulate to have impacts that are beyond the scope of.the current impact assessments needed for new or expanding aggregate extraction operations. Social impacts, such as noise, dust, and truck traffic accumulate to levels that impact the quality of life for nearby residents to these operations. As such, we ask for a number of issues to be substantially reviewed and addressed during the Aggregate Resources Act Review. These include: • That cumulative impact assessments be given thorough and serious consideration as a requirement for new or expanding aggregate extraction operations, moving away from the singular nature of the current assessment regimen for aggregate applications; ® That the social and environmental implications for aggregate extraction be Investigated on a region-wide scale, taking into consideration the impacts they have on the entire town/city/region in which they are located; • That the royalty fees paid to Municipalities be reviewed and adjusted to reflect the true cost that aggregate extraction has on Municipal infrastructure and services; and • That the rehabilitation plans submitted at the time of application for an aggregate extraction operation be required to take on a broader scope. i CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOwMANVILLE, ONTARIO L1C 3Af T905-623-3379 i I i David Orazietti, MPP Chair—' July 17, 2012: Page 2 Rehabilitation plans are an extremely important requirement when considering aggregate extraction applications, as they provide peace of mind in ensuring the site will operate will be left in a similar, environmentally sound condition as they were prior to the extraction process. However, the current requirements for the rehabilitation plans do not ensure that the environmental linkages and impacts of the operation to the land are holistically rectified. While the Municipality of Clarington's Official Plan calls for a "progressive rehabilitation plan which, when applicable, takes into account the objectives of any area-wide rehabilitation plan", this policy would become exponentially more effective if the Province mandated rehabilitation plans to account for the regional implications of their operations. The Region of Durham Official Plan policy aids in this effort "The Region shall facilitate the coordination of cross-jurisdictional matters among area municipalities, related to rehabilitation planning... when reviewing rehabilitation plans." The Province should mandate rehabilitation plans to be regional in their scope. Municipal and Regional Authorities could then bring this widened scope into reality. The Municipality of Claridgton strongly urges that the Standing Committee on General Government make substantive, realistic, and appropriate changes to the Aggregate Resources Act and associated regulations, in order to ensure that the cumulative environmental and social impacts of multiple aggregate operations in an area are carefully considered and given attention during the aggregate extraction application and rehabilitation process. We also urge the Committee to review and rectify the shortfall in royalty funds which Municipalities are provided, to ensure that these royalties properly reflect-the costs to Municipal residents of the extraction operation in their community. Ignoring the need to increase royalty fees demonstrates a willingness by the Province to continue the practice of forcing local taxpayers to subsidize these multimillion dollar aggregate corporations, while also forcing those same taxpayers to continue to endure the lasting impacts these operations have on their fiscal and physical environments long after the extraction of resources has been depleted. Yours truly,, Franklin Wu Chief Administrative Officer /df cc: Mayor and Council members Directors of Finance, Planning Services, Engineering Services and Operations Top Aggregate Producing Municipalities of Ontario j