Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 20, 2021
CASE NO(S).: MM210006
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8, as amended
Referred by: Ministry of Natural Resources and Forestry
Objector: Peter Carey
Objector: Dylan Jackson and Ashley Barker
Objector: Rusty and Doris Jackson
Objector: Bill and Joanne Klingenberg; and others
Applicant: 1621185 Ontario Inc.
Subject: Application for a Class A licence for the removal of aggregate
Property Address/Description: Part of Lot 41, Concession 2
Municipality: South Bruce Peninsula
OLT Case No.: MM210006
OLT File No.: MM210006
OLT Case Name: Carey v. Natural Resources and Forestry (Ontario)
Heard: June 8, 2021 via video hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| 1621185 Ontario Inc. | David White* |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JUNE 8, 2021 AND ORDER OF THE TRIBUNAL
1The applicant is proposing to Licence a Class ‘A’ Category 2 Quarry with a maximum annual extraction rate of 100,000 tonnes. The quarry operation will consist of a 6.06 hectare Licence Area and a 5.50 hectare Extraction Area. The area of extraction is estimated to include approximately 800,000 tonnes of dolomitic limestone. The total lifetime of the quarry will have a minimum duration of 8 years, provided that the annual extraction limit is reached for each year of operation. However, aggregate operations will more likely exceed the minimum timeframe as actual extraction rates are dependent on market conditions.
2The applicant requested that the license application be referred to the OLT as nine (9) public objectors remain outstanding despite attempts at resolution.
3The purpose of the Case Management Conference was to receive status updates from all parties to organize the hearing of these appeals.
4The Tribunal received applications within the required timeframes from groups seeking Party Status.
- Dylan and Ashley Jackson
- Rusty and Doris Jackson
- Rowena and Kimberly Moore
- Bill and Joanne Klingenberg
- Gord Ottewell
5The Tribunal canvassed the Counsel for the Applicant, there were no objections to the granting of Party Status to the groups.
6The Tribunal granted Party Status to all that applied.
7Mr. White informed the Tribunal that he will be presenting six (6) expert witness’ on behalf of the Applicant.
8Ashley and Dylan Jackson will present one (1) expert witness on their behalf.
9The Tribunal was informed that the parties are seeking a five (5) day hearing.
10The Tribunal hereby schedules a Video Conference Hearing of these appeals on
11Monday, February 14, 2022, commencing at 10 am. Five (5) days has been set aside.
12Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/998040149
Access code: 998-040-149
13Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391. The access code is 998-040-149.
15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
16No further notice will be given
17The Member is not seized.
18So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.