Office of Consolidated Hearings

Bureau de jonction des audiences

ISSUE DATE: May 12, 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: May 6, 2016 by teleconference call

APPEARANCES:

Parties	Counsel
Dufferin Aggregates, a division of CRH Canada Group Inc.	J. Kahn R. Amarnath
Town of Halton Hills	A. Burton
Regional Municipality of Halton	A. Burton
Niagara Escarpment Commission	J. Thompson
Ministry of the Environment and Climate Change	S. Davis

ORDER DELIVERED BY SUSAN DE AVELLAR SCHILLER

1This was the second prehearing before the Joint Board (“Board”), convened under the Consolidated Hearings Act, R.SO. 1990, c. C.29, (“CHA”) 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.

2A Permit to take Water (“PTTW”) and an Environmental Compliance Approval (Sewage) (“ECA”) are both part of the undertakings by Dufferin and are before the Board in these proceedings.

3At the first prehearing, the Board was advised that discussions were ongoing between Dufferin and the Ministry of the Environment and Climate Change (“MOECC”) regarding the appropriate procedure for dealing with the application for the PTTW and the application for the ECA. Dufferin and MOECC have now reached an agreement and entered into Minutes of Settlement on April 27, 2016, filed as Exhibit 2 in these proceedings.

4Dufferin and MOECC ask, and all parties consent, that the Board defer consideration of the PTTW and ECA to the MOECC, pursuant to s. 5(3) of the CHA.

5Dufferin and MOECC further ask, and all parties consent, that in the event that the Board’s decision on the merits is favourable to Dufferin, that this decision then be issued as an interim decision and that the Board withhold its final order for a period of up to 90 days.

6The Board was advised that these requests are intended to avoid a multiplicity of hearings and avoid any conflict in decisions while still affording an opportunity for public participation.

7At the first appearance, the Board set certain dates and requirements for serving and filing materials. At the request of the Niagara Escarpment Commission (“NEC”), and on consent of the parties, the Board varies these requirements to enable NEC to serve and file an updated expert witness statement and related materials by Tuesday, May 24, 2016, which is the day after Victoria Day and is in advance of the date for participant statements to be filed.

8This change is being made to ensure that participants have the most updated information prior to having to file their participant statements.

9Further on request of NEC, and on consent of all parties, the Board has also set 3 p.m. on Friday, June 17, 2016 as the date by which any supplementary NEC materials are to be served and filed, if required, as a result of any subsequent matters that may arise.

10No change is made to the deadline of Tuesday, June 14, 2016 for Dufferin’s expert witness statements and related materials. The Town of Halton Hills and the Region of Halton (“Region”), if they elect to call evidence in these proceedings, will serve and file their expert witness statements and materials on Tuesday, June 14, 2016.

11No change is made to the deadline of May 31, 2016 for the filing of participant statements, as set out by the Board at the last appearance.

12At the first appearance, the Board had indicated that expert witness statements and related materials were to be served but did not need to be filed in advance with the Board. Following discussion at this teleconference, the Board agreed to vary this direction and require that parties’ expert witness statements and related materials are to be filed with the Board, electronically and in hard copy, on the dates specified in addition to a hard copy being filed at the hearing of the merits.

13At the first appearance Dufferin undertook to provide any updated materials to the Region in a timely fashion for the Region to post on the Region’s web site. This site will be the main portal for those interested to review the materials relating to the proposed quarry expansion.

14Dufferin and the Region have now confirmed to the Board that updated materials have been posted.

Procedural Directions Ordered

“Susan de Avellar Schiller”

SUSAN DE AVELLAR SCHILLER

vICE-cHAIR

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Office of Consolidated Hearings

Environmental Review Tribunal

A constituent tribunal of Environment and Land Tribunals Ontario

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