1. A PRESENTATION BY AYNSLEY ANDERSON AND LAUREN MARTIN OF BARRISTON LLP Aggregates 101 Pit stop(ped) at the OMB

2. How does a pit or quarry application get to the OMB? Ministry of Natural Resources Process: Municipal Process: I want to construct a pit or quarry. What’s next? ARA License Appeals Objections Not resolved Reports & Studies, Site Plan Commenting from agencies and residents Decision or Non- decision Reports & Studies Zoning or Official Plan Amendment Objections Resolved, but Minister refuses to Issue License Ontario Municipal Board Objections Resolved

3. Provincial Process: Aggregate Resource Act (ARA) License The Aggregate Resources Act (s.2)  The ARA’s purpose is to manage, control and regulate aggregate operations on Crown and Private lands Licenses Required (s.7)  Class A – 20,000 tonnes or more  Class B – less than 20,000 tonnes  Fee  Site Plans Permits Required – Crown Land (s.34) Notification and consultation procedures (s.11)  If objections unresolved, the matter may be referred to the OMB  Provide applicable zoning by-laws (s.10)

4. Provincial Process: The Provincial Standards Site Plan Standards  Existing Features  Operational Plan  Rehabilitation Technical Reports  Summary Statement - Planning  Hydrogeological – Level I or II  Natural Environment – Level I or II  Cultural Heritage Resource – Stage I or II  Noise Assessment Standard Conditions  Dust mitigation  Spills Contingency  MOE approvals Annual Compliance Reporting

5. Provincial Process: To issue or not to issue a license? The Minister must consider (s.12(a) through (k)):  Effect on environment  Effect on nearby community  Comments from host- municipality  Rehabilitation plans for the site  Effects on surface and groundwater resources  Effects on agriculture  Planning/land-use considerations  Haul routes and traffic  Quality/quantity of aggregates on site  The applicant’s history and track record  Other matters as appropriate

6. Municipal Process Planning Act approvals – zoning or official plan amendments  Reports and studies – vary by municipality  Provincial Policy Statement 2014  Other Provincial policy/legislation Issues unique to aggregate approvals  Haul route  Vertical zoning  Visual impact  Matters contained on ARA site plan  Identity of operator

7. At the OMB Consolidation? Parties  The Applicant  The MNR?  The Municipality(ies)?  Neighbours?  Other agencies?  Participants? The OMB Considers:  License – section 12 of the ARA  Planning Act – PPS, local policy and zoning, all other provincial policy/legislation – Greenbelt, Niagara Escarpment, Oak Ridges Moraine, etc.

8. What’s new in the case law? Armour (Township) v. Ryerson (Township)  Operational matters not included in zoning  Zoning cannot be personal to applicant Anderson v. Trent Lakes (Municipality)  Road noise  Implementation Hunder Development Ltd. v. Woolwich (Township)  Vertical zoning  Prime agricultural lands  Visual impact  Identity of pit operator

9. Thank You