February 10, 2016 CL , February 4, 2016 PDC , January 27, 2016 Report PDS

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1 Administration Niagara1'l Region Office of the R~ional Clerk 1815 Sir Isaac SC'odc Way. PO Box 1042, Thorold. ON LlV 4T1 Telephone: 90S-68S 112S Toll,.(rec: 1, S Fax:,OS.687,49n February 10, 2016 CL , February 4, 2016 PDC , Report DISTRIBUTION LIST SENT ELECTRON/CALLY A Review of "A Blueprint for Change - A Proposal to Modernize and Strengthen the Aggregate Resources Act Policy Framework Regional Council, at tts meeting of February 4, 2016, approved the following recommendation of tts Planning and Development Committee: That Report, dated, respecting A Review of "A Blueprint for Change - A Proposal to Modernize and Strengthen the Aggregate Resoun;es Act Policy Frameworl<", BE RECEIVED and the following recommendations BE APPROVED: 1. That Regional Council ENDORSE the staff comments attached to Report as Appendix I, which form the Region's feedback to the Province's A Blueprint for Change-A Proposal lo Modernize and Strengthen the Aggregate Resoun;es Act Policy Frameworl<" (the Blueprint); and 2. That a copy of this report BE FORWARDED to the local area municipaltties, the Niagara Peninsula Conservation Authority and the Ministry of Natural Resources and Forestry. A copy of Report is enclosed for your information. Yours truly, ~ Ralph Walton Regional Cieri< :amn oc: local Area Municipalities C. O'Angelo, Niagara Peninsula Conservation Authority K. Rosa, Ministry of Natural Resourceg and Fotestty K Goerz, Planner N. Smagats, Administrative Assistant N. Oakes. Executive Assistant to the Commisslone<, Planning & Development Services

2 Page 1 REPORT TO: Planning and Development Committee MEETING DATE: Wednesday, SUBJECT: A Review of A Blueprint for Change A Proposal to Modernize and Strengthen the Aggregate Resources Act Policy Framework RECOMMENDATIONS 1. That Regional Council ENDORSE the staff comments attached to this report (Appendix I), which form the Region s feedback to the Province s A Blueprint for Change A Proposal to Modernize and Strengthen the Aggregate Resources Act Policy Framework (the Blueprint). 2. That a copy of this report BE FORWARDED to the local area municipalities, the Niagara Peninsula Conservation Authority and the Ministry of Natural Resources and Forestry. KEY FACTS The Ministry of Natural Resources and Forestry (MNRF) sought feedback on proposed changes to the Aggregate Resource Act, which were released on October 21, A Blueprint for Change A Proposal to Modernize and Strengthen the Aggregate Resource Act Policy Framework (the Blueprint) is organized in four sections: Proposed Changes to Establishing New Sites; Proposed Changes to The Management and Operation of Existing and Future Sites; Proposed Changes to Fees and Royalties; and Other Proposed Changes. The Blueprint is included in Appendix II. The comments prepared by Niagara Region staff were circulated to planning staff at the local area municipalities and the Niagara Peninsula Conservation Authority (NPCA) for review and input. The comments were due to the MNRF on December 15 th, 2015 and were submitted on-time by staff subject to ratification by Regional Council.

3 Page 2 CONSIDERATIONS Financial There are no direct financial considerations stemming from this report. However, comments to the MNRF from staff request that the Province review the disbursement fees collected annually to better reflect of the cost of maintaining infrastructure that is used for haul routes. If any changes are made to the any fees collected, staff will update Council accordingly. Corporate The comments on the Blueprint are separate from the work that has been undertaken on the State of Aggregate Resources in Niagara Region Background Report (PDS ). The Blueprint is proposing changes to the Aggregate Resources Act (ARA), which is administered by the MNRF, while PDS formed the basis for the aggregate policy update to the Regional Official Plan. There are no direct considerations from this report at this time. However, some of the proposed changes to the ARA are significant and as such may have implications to applications made under the Planning Act at the Region for new or expanding aggregate operations. There may also be considerations for the update to the aggregate policy amendment (ROPA 8). Depending on the nature and magnitude of the changes, administrative updates may result. Governmental Partners Changes to the Aggregate Resources Act could impact applications received by the Region, local area municipalities and the NPCA. As such, the Blueprint and the comments were circulated for review and input. Public and/or Service Users Staff will update Council when changes are made to the Aggregate Resources Act. There are currently no direct implications to the public or service users stemming from this report. ANALYSIS The Blueprint was developed in response to a report from the Standing Committee on General Government (all-party committee of the Legislative Assembly of Ontario) that developed recommendations to improve the ARA. These recommendations were developed from information and feedback gathered through public hearings, written submissions, site visits and research. In response, the Province adopted a collaborative

4 Page 3 approach to develop solutions, engaging key stakeholders, municipal organizations and Aboriginal communities. The MNRF is seeking feedback on a report titled A Blueprint for Change A Proposal to Modernize and Strengthen the Aggregate Resource Act Policy Framework. The report aims to achieve four goals: Stronger Oversight Environmental Accountability Improved Information and Participation Increased and Equalized Fees and Royalties Overall the report proposes a number of positive changes related to these four goals such as: Enhanced requirements for studying impacts related to the natural environment, water, cultural heritage, noise, traffic and dust; new study requirements for applications on agricultural lands; new provisions that may require additional studies, information and updated site plans for existing aggregate sites; new reporting requirements for site rehabilitation and for removal of recycled or blended material; clarifying requirements for site plan amendments or changes to a license or permit; and aligning the fee requirements for Crown land aggregate permits and private land licenses. While the details of these recommendations are not fully outlined the general direction would support responsible land use planning. Regional staff has written comments that are general to highlight what is missing from the Blueprint, and specific comments related directly to specific proposed changes. The comments are attached in Appendix I. The general comments highlight the need for alignment between the Planning Act and Provincial Policy Statement with the ARA, further requirements or revisions to rehabilitation plans and a request for more information around the parameters for some of the proposed changes (further outlined below). Staff has asked for further clarification around the parameters for some of the proposed changes. This is specifically in reference to the following proposed changes: The ability to waive requirements for site sign posting and newspaper ads in remote or isolated areas or where they are not feasible to implement or where the applicant can demonstrate they are not likely to reach those interested in the proposal;

5 Page 4 Allowing the Minister to exempt an individual or company from complying with the regulations in order to provide the flexibility to waive application requirements in unique or unexpected situations or to support streamlining the processes; New powers that would allow regulations to be made that exempt individuals or companies from the requirement to get a new permit or license to extract aggregate if they meet specific conditions; and New powers that would allow the Minister to waive fees on private land sites. Other comments are concerning fees for recycled aggregate and annual disbursement fees. The Blueprint has proposed to exempt blended and recycled material from the annual fees. The cost of transporting the recycled or blended material would be more burdensome on the road network that is used as the materials would first need to be hauled to the site and then hauled off. The annual fees collected and disbursed to the Region and municipalities are intended to help offset the cost of infrastructure repair/maintenance. Additionally, staff has recommended that the MNRF review the fees and disbursement for the annual fees collected to ensure that the cost of infrastructure maintenance is appropriately reflected. Due to the timing of the Blueprint, the proposed changes were not reviewed or incorporated in the State of Aggregate Resources in Niagara Region Background Report. Any policy changes resulting from the Blueprint that may impact the Official Plan Amendment will however be incorporated where appropriate. ALTERNATIVES REVIEWED This report seeks Council s ratification of comments submitted to the MNRF on December 15, Council could choose not to endorse these comments. This option is not recommended as the comments support the interest of the Region or the local municipalities with respect to aggregate resources. ORIGIN OF REPORT This report is brought forward by staff in response to the Province of Ontario s proposed changes to the Aggregate Resources Act. Based on the timelines given by the Province, Regional staff coordinated comments with the local area municipalities and submitted them subject to Council ratification. The comments are attached to this report.

6 Page 5 OTHER PERTINENT REPORTS PDS State of Aggregate Resources Report, January 17, 2016 SUBMITTED & SIGNED BY: Rino Mostacci, MCIP, RPP Commissioner Planning and Development Services APPROVED & SIGNED BY: Harry Schlange Chief Administrative Officer This report was prepared by Kailen Goerz, Planner and reviewed by Danielle De Fields, Manager, Customer Service and Long Range Planning. APPENDICES Appendix I Comment Letter page 5 Appendix II A Blueprint for Change A Proposal to Modernize and Strengthen the Aggregate Resource Act Policy Framework page 8

7 Niagara Planning and Development Services 2201 St. David's Road W, PO Box 1042, Thorold, ON L2V 4T7 Telephone: Toll-free: Fax: December 14, 2015 Katie Rosa (EBR Registry Number ) Aggregate Resources Officer Ministry of Natural Resources and Forestry Policy Division Natural Resources Conservation Policy Branch Resource Development Section 300 Water Street Peterborough Ontario K9J 8M5 Dear Ms. Rosa, Re: Niagara Region Comments on "A Blueprint For Change - A Proposal to Modernize and Strengthen the Aggregate Resources Act Policy Framework Thank you for the opportunity to provide input on "A Blueprint For Change - A Proposal to Modernize and Strengthen the Aggregate, Resources Act Policy Framework" (the Blueprint). Below is staffs comments developed in conjunction with the Region's local municipalities. These comments are subject to ratification by Niagara Region Council on February 4, The Blueprint is organized in four sections: Proposed Changes for Establishing New Sites; Proposed Changes to the Management and Operation of Existing and Future Sites; Proposed Changes to Fees and Royalties; and Other Proposed Changes. The following comments are organized generally to highlight what is missing from the review, followed by comments on the specific sections. General: Niagara Region recommends that Ministry staff ensure consistencies between the Aggregate Resources Act (ARA) and other Provincial legislative documents and policies such as the Provincial Policy Statement. This is especially important as it relates to defined terms and the interpretation of specific policies. Many of the study requirements for an application under the ARA are the same as the required studies for Planning Act applications. The Region recommends further reviewing the similarities between these two application processes to ensure stronger coordination and consistency between the two. This may involve joint pre-consultation meetings that would provide the applicant with a more efficient process. There are a number of areas within the Blueprint where exemptions or additional requirements are proposed, it would be helpful if the Ministry could provide more information around the parameters for these changes. Specific sections are outlined below. The Blueprint suggests new changes related to the reporting requirements for rehabilitation and the importation of fill for rehabilitation; however there are other challenges with rehabilitation that 1

8 are not outlined within the report. Some older operations do not have appropriate rehabilitation plans due the lack of requirements at the time they were established. Some updates could be required related to old rehabilitation plans. Additionally, since rehabilitation plans are determined at the time of an application, they may propose an after-use that would not be the best after-use for the time when the site is nearing depletion. The Aggregate Resources Act should look at options in providing some flexibility where appropriate, for changes to rehabilitation plans if the proposed after-use is in line with the Official Plan and Zoning. Comments related to specific recommendations: Section '1.1.2 g' of the Blueprint proposes that the Ministry should have the ability to waive requirements for site sign posting and newspaper ads in remote or isolated areas, or where they are not feasible to implement or where the applicant can demonstrate that they are not likely to reach those interested in the proposal. More measurable information surrounding when applications would fall within this category would be helpful in better understanding this and when it would apply. Section '1.2 n' of the Blueprint suggests allowing the Minister to exempt an individual or company from complying with the regulations in order to provide the flexibility to waive application requirements in unique or unexpected situations or to support streamlining the processes. While one specific example is provided, there is no set criteria included with this and no further information around when this would occur or what would constitute an appropriate situation for this. An 'emergency' or 'extremely remote site' is referenced here, however it is unclear what would constitute either of these situations. Section '1.3 r' of the Blueprint proposes to add new powers that would allow regulations to be made that exempt individuals or companies from the requirement to get a new permit or license to extract aggregate if they meet specific conditions. Further information around how this would be determined or regulated is required to understand the potential implications of this. Section '2.2' proposes to exempt blended and recycled material from the annual fees. While Niagara Region is supportive of using recycled material, the cost of transporting the recycled or blended material may be even more burdensome on infrastructure as it must first be brought to the site as well as trucked off site. A large portion of the annual fees are distributed to the municipalities for road maintenance. Removing the fees for blended and recycled material is not supported as it places a greater burden on the municipalities. Section '3' of the Blueprint proposes new changes to the fees as it relates to extraction. One key change is related to the fees for Crown land aggregate permits and making them consistent with the fees on private lands. Regional staff is supportive of this. The Blueprint outlines the disbursement for fees collected annually. Regional staff suggests further reviewing the disbursement to ensure that the allocation is appropriately reflective of the cost for infrastructure maintenance and replacement, which is significantly impacted from transporting aggregate. Haul routes and distances travelled should be assessed and identified to reflect the appropriate allocation for the fees. Section '3.2 al' proposes new powers that would allow the Minister to waive fees on private land sites. The parameters and circumstances around when it would be appropriate to waive the fees is not very clear. Niagara Region staff would need further clarification around waiving fees prior to supporting this direction. 2

9 Overall, Niagara Region supports the direction of the Blueprint for Change, however further information and discussion is required for a number of the proposed changes. If you would like to discuss this matter further please contact Kailen Goerz by kailen.goerz@niagararegion.ca or by phone at extension ino Mostacci, CIP, RPP Commissioner of Planning and Development Services 3