Office of Consolidated Hearings
Bureau de jonction des audiences
ISSUE DATE:
April 19, 2016
CASE NO.:
15-137
IN THE MATTER OF AN UNDERTAKING UNDER section 3(1) of the Consolidated Hearings Act, R.S.O. 1990, c. C.29, as amended
Proponent:
Dufferin Aggregates, a division of CRH Canada Group Inc.
Subject of request for hearing:
Various instruments and undertakings required for the extension of Acton Quarry
Property Address/Description:
Part of Lots 19, 20, 21, 22 and 24, Concession 3 and Part of Lots 20, 21 and 22, Concession 4
Municipality:
Town of Halton Hills
Upper Tier:
Region of Halton
OCH Case No.:
15-137
OCH Case Name:
Re Dufferin Aggregates
Heard:
April 8, 2016 in Halton Hills, Ontario
APPEARANCES:
Parties
Counsel
Dufferin Aggregates, a division of CRH Canada Group Inc.
J. Kahn
R. Amarnath
Town of Halton Hills
D. Germain
Regional Municipality of Halton
D. Germain
Niagara Escarpment Commission
J. Thompson
Ministry of Natural Resources and Forestry
B. Wilkie
Ministry of the Environment and Climate Change
S. Davis
ORDER DELIVERED BY SUSAN DE AVELLAR SCHILLER
1This was the first appearance before the Joint Board (“Board”), convened under the Consolidated Hearings Act (“CHA”), R.SO. 1990, c. C.29, to deal with certain instruments and undertakings by Dufferin Aggregates, a division of CRH Canada Group Inc. (“Dufferin”) required for the proposed extension of the Acton Quarry, as follows:
Town of Halton Hills Zoning By-Law 2015-0033
Halton Region Official Plan Amendment No. 44 (Halton ROPA No. 44)
Amendment to the Town of Halton Hills Official Plan pursuant to the Planning Act
Amendment to Niagara Escarpment Plan pursuant to the Niagara Escarpment Planning and Development Act
Niagara Escarpment Development Permit pursuant to the Niagara Escarpment Planning and Development Act
License to permit the extraction of aggregate pursuant to the Aggregate Resources Act
Environmental compliance approval (sewage) pursuant to the Environmental Protection Act
Permit to take water pursuant to the Ontario Water Resources Act
2Ministry of Natural Resources and Forestry (“MNRF”) had withdrawn its objection prior to the commencement of these proceedings. MNRF appeared as a courtesy to the Board, which the Board appreciates, and confirmed to the Board that MNRF would now withdraw from these proceedings.
3Ministry of the Environment and Climate Change (“MOECC”) appeared for the Permit to take Water (“PTTW”) and the Environmental Compliance Approval (Sewage) (“ECA”).
4The Board was advised that discussions are ongoing between Dufferin and MOECC regarding the appropriate procedure for dealing with the application for the PTTW. At the request of the parties, the Board has set a teleconference for May 6, 2016 to deal with this matter.
5The Town of Halton Hills (“Town”) appears in support of the proposed quarry expansion.
6The Regional Municipality of Halton (“Region”) appears in support of the proposed quarry expansion. The Region is the approval authority for the Town’s official plan. The Board was advised that there are ongoing discussions to deal with the appropriate treatment of certain natural heritage features in the Town’s official plan amendment (“OPA”) that deals with the proposed quarry expansion.
7The Niagara Escarpment Commission (“NEC”) appears in support of the proposed quarry expansion. The Board was advised that all issues relating to the proposed Niagara Escarpment Plan Amendment (“NEPA”) and the proposed Development Permit (“DP”), subject to conditions, have been resolved. The Board was advised that Dufferin has accepted the NEC conditions.
8The Board adopted the Ontario Municipal Board Rules of Practice and Procedure (“Board Rules”) to govern these proceedings. The status of those involved in these proceedings is governed by the Board Rules.
9Four persons contacted the Office of Consolidated Hearings (“OCH”) to advise of their intention to attend this appearance and seek status in these proceedings.
10One of the four, Steve Hetman, did not appear and no one was in attendance on his behalf.
11The Board added the remaining three persons as participants in these proceedings. They are:
Leslie Summerfield
Chuck Snow
Mike Mandarino
12Three other persons who attended this appearance also sought, and received, participant status. They are:
Baldev Gill
Rakesh Choudhary
Stephen Lister
13The non-profit group Protect Our Water and Environmental Resources Inc. (“POWER”) advised the Board that it is interested only in the PTTW.
14POWER sought, and received, participant status limited to the PTTW.
15The Board understands that all seven participants are opposed to the proposed quarry expansion.
16Dufferin has undertaken to provide any updated materials to the Region in a timely fashion.
17The Region has an existing page devoted to the proposed quarry expansion on its web site.
18The Region has undertaken to post any updated materials from Dufferin to the Region’s web site on a timely basis. This site will be the main portal for those interested to review the materials relating to the proposed quarry expansion.
19Participants are required to file a participant statement with the OCH by Tuesday, May 31, 2016. The statements are to be filed electronically and copied to counsel for each of the parties.
20Dufferin is to serve its expert witness statements and any related materials by Tuesday, June 14, 2016. The Board does not require any materials to be filed with the Board until the hearing of the merits.
21Having considered the positions of the public agencies, and the positions in general of the seven participants, the Board is satisfied that a maximum of four days is quite sufficient for the hearing of the merits.
22The Board sets the hearing of the merits to commence at 10 a.m. on Tuesday, June 21, 2016, at
Halton Hills Civic Centre
1 Halton Hills Drive
Halton Hills, ON L7G 5G2
23No further notice will be given.
ORDER
24The Board orders that:
The Rules of Practice and Procedure of the Ontario Municipal Board govern these proceedings.
Participants are added as set out in paragraphs 11 and 12.
Further dates and filing requirements are as set out in paragraphs 19 and 20.
Procedural Directions Ordered
Requests for Participant Status Granted
“Susan de Avellar Schiller”
SUSAN DE AVELLAR SCHILLER
vICE-cHAIR
If there is an attachment referred to in this document, please visit www.elto.gov.on.ca to view the attachment in PDF format.
Office of Consolidated Hearings
Environmental Review Tribunal
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248