Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: October 11, 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: In writing
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
FINAL DECISION DELIVERED BY SUSAN DE AVELLAR SCHILLER
1A hearing before the Joint Board (“Board”), convened under the Consolidated Hearings Act (“CHA”), R.S.O. 1990, c. C.29, was held 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 existing Acton Quarry, as follows:
Town of Halton Hills Zoning By-Law No. 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
Licence 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 (“PTTW”) pursuant to the Ontario Water Resources Act
2At a telephone conference call on May 6, 2016, Dufferin and the Ministry of Environment and Climate Change (“MOECC”) filed Minutes of Settlement that set out an agreed process and timing for MOECC to deal with the Environmental Compliance Approval (sewage) (“ECA”) and the application for a PTTW.
3Dufferin and MOECC requested, and all parties consented, that the Board defer consideration of the ECA and the PTTW to the MOECC, pursuant to s. 5(3) of the CHA.
The Board agreed to this deferral.
4The Board also agreed that if the Board’s decision on the merits was to approve the undertakings before it that the Board would issue an interim decision, withholding its final decision for a maximum of 90 days to enable a final review by the parties for any technical or formatting modifications that may be necessary to the instruments before the Board. This period was also designed to ensure that there are no potential inconsistencies or conflicts between the MOECC instruments and the approvals before the Board.
5At the close of the hearing of the merits on June 22, 2016, the Board provided an oral interim decision approving the undertakings before the Board. The detail of the Board’s reasons and the specific instruments before the Board were set out fully in the Board’s written reasons, issued under date of August 26, 2016.
6No party has filed with the Board any technical or formatting modifications to the instruments approved by the Board in its interim decision.
7By correspondence under date of September 30, 2016, Dufferin has advised the Board that, in accordance with the Minutes of Settlement between Dufferin and MOECC, MOECC has provided Dufferin with drafts of the instruments it intends to issue. Dufferin has further advised the Board that Dufferin is satisfied that there are no potential inconsistencies or conflicts between the draft MOECC instruments and the approvals before the Board.
8With no technical or formatting amendments being sought, and with Dufferin’s advice regarding the draft MOECC instruments, the Board now issues its final decision, confirming its interim decision approving the undertakings before the Board in the form and for the reasons set out in the Board’s interim decision.
Undertakings Approved
“Susan de Avellar Schiller”
SUSAN DE AVELLAR SCHILLER
vICE-cHAIR
If there is an appendix referred to in this document, please visit www.elto.gov.on.ca to view the appendix 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