Ontario Government Plans to Cut Public Out of Pit Application Process

Your voice was never more important than now! The Ontario Government proposes to amend the Environmental Protection Act and  “streamline” the granting of permits for many industries with an online registration program - and no public consultation.

Speak up by posting to the Environmental Registry of Ontario by October 30th. Copy your ERO posts to your MPP: John Jordan, Lanark-Frontenac-Kingston, John.jordan@pc.ola.org

Proposed Changes to Ontario’s Environmental Policies and Regulations that will Relax Requirements Around Aggregate Permits in Ontario

THE PROPOSAL

  • The Government of Ontario, as part of its initiative to prioritize development, proposes to streamline and speed up approvals for industry and construction, by amending the Environmental Protection Act R.S.O. 1990, changing policies that govern the granting of permits, and altering regulations concerning water use and management.

  • This legislation would loosen controls on the aggregate extraction industry, and would eliminate the opportunity for public input and scrutiny.

  • With the expansion of the existing “permit-by-rule framework” already used in some industries, the aggregate industry would self register for a permit to initiate a project through the Environmental Activity and Sector Registry (EASR), and would be allowed to start work immediately, without any public consultation, and without the current process of oversight by various government ministries

  • Any activity could proceed either by meeting a set out list of criteria (rule based EASR) OR by providing a technical assessment of the project by a qualified person (assessed EASR), to demonstrate that the activities of the project would meet standards for environmental outcomes set out by the province.

SOME SHORTCOMINGS OF THESE PROPOSED RULE CHANGES

  • Less frequent inspections - While the Ministries would maintain the authority to “inspect facilities” and “ensure compliance with regulatory requirements”, we currently see dramatically reduced levels of staffing in the MNRF and MECP; we observe that already existing requirements for monitoring pit operations and inspecting sites are not being fulfilled; shortening the timeline between the issuance of a permit and beginning site work would put even greater pressure on inspectors.

  • Inappropriate criteria - A proposed aggregate project would be required to meet a minimal  set of criteria, which are geared for the flat agricultural land of southern Ontario; criteria have not been developed to address the environmentally complex areas of waterways, forests and wetlands of Lanark Highlands, and similar areas.

  • Industry bias - Applications are supported, if at all, only with technical reports by a “qualified person”, hired by the proponent to provide the desired information for approval.

  • No public input - With the period for public consultation dropped from the application process, the “qualified person’s” assessment would not be subject to scrutiny by landowners, interested citizens, or local levels of government.

  • Unlimited water taking -  Ontario proposes removing the current limit of 400,000 litres of groundwater per day.

  • Sidelining Conservation Authorities -  In this situation where assessment and oversight are needed more than ever,  the Conservation Authorities’ staff at the local level continue to be prohibited from any oversight of water resources and wetlands impacted by the aggregate extraction industry.

  • Rushed process - The shortcuts proposed do not offer time for people to fully investigate an application, limiting the rights of citizens. The existing review process for an application can last for years; local citizens, indigenous people, ministries and lower tier levels of government can scrutinize proposals and offer input. THIS WOULD NO LONGER HAPPEN .

There are currently three related notices on the Environmental Registry of Ontario (ERO) site open for comment.  Your input is crucial to ensure that these potentially reckless changes are not put into effect. Citizens of Ontario may submit anonymous comments to the Environmental Registry of Ontario (ERO) by October 30th, 2023.

POST YOUR COMMENTS TO THE LINKS BELOW. 

You may choose to post the same comments to each of the three ERO notices or offer specific comments to each.

Proposed Changes under the Environmental Protection Act, R.S.O. 1990

In your post, you may want to consider:

  • insisting that public notification, consultation and input CONTINUE to be an integral part of licence application and permit granting for aggregate extraction in pits and quarries

  • insisting that replacing the process of public consultation and a structured ministry review , with evaluations by “Qualified Persons” hired by the proponent is UNACCEPTABLE

  • demanding that those who evaluate and approve applications related to aggregate extraction and water management on pit sites MUST NOT be hired by the proponent, but should represent an arms length authority

  • 2- Regulation Changes (for water taking activities governed by the Ontario Water Resources Act):

    1. a - Streamlining permissions for water takings for construction site dewatering activities and foundation drain

https://ero.ontario.ca/notice/019-6853

In your post, you may want to consider:

  • insisting that study MUST be done to fully understand the impact of water taking on each individual site

  • demanding that public consultation and input MUST continue to be part of the granting of water taking permits

  • suggesting that the  Conservation Authorities MUST be restored as stakeholders in the consideration and granting of permissions for water taking in any area

    • b - Streamlining environmental permissions for stormwater management under the Environmental Activity and Sector Registry

https://ero.ontario.ca/notice/019-6928

In your post, you may want to consider:

  • insisting that public consultation MUST be formally included in the application process

  • insisting that Conservation Authorities MUST be involved in planning and oversight of stormwater management on these sites

  • suggesting that the aggregate extraction industry SHOULD be considered an ineligible industry, like mining, for EASR permitting