Congratulations to the Town of Caledon, on winning its long,
uphill fight against the massive James Dick quarry, planned for a
sensitive natural area. The Ontario Municipal Board, which almost
never turns down quarries, rejected Dick's promises to manage
the impacts of its quarry after the approval was given: OMB decision – James Dick
At page 75, the OMB ruled:
"Too much of enormous value to the Province, the Region and
the Town could be lost if the proposed quarry went forward. A
failure in the mitigation measures proposed for the quarry, as set
out in the AMP, would have a catastrophic impact on the natural
environment or the natural features and functions of the area. Such
an impact cannot be countenanced by the Board. In addition, the
fundamental change to the character of the area attendant upon the
proposed quarry would not be acceptable. The loss of views of rural
lands, the loss of a cultural heritage landscape and cultural
heritage resources and the conversion of a rural area into an urban
area centred on a heavy industrial operation cannot be permitted in
the interest of the production of more aggregate for infrastructure
development. It is time for alternatives to aggregate for
infrastructure construction to be found. Too much of what
is essential to the character of this Province would be lost if
aggregate extraction were to be permitted on lands like the subject
property. Lands situated in a significant cultural landscape,
surrounded by significant natural heritage features and functions,
are not lands on which extraction should be permitted in the
absence of demonstration of no negative impacts. No such
demonstration has been completed in this case."
The OMB decision is particularly noteworthy because so many
recent regulatory approvals, such as the federal and Alberta
approval of the giant Kearl oil sands mine, have relied on unproven
promises to manage adverse effects, such as wiping out the habitat
of an endangered species. I am rarely a fan of the OMB, but they
have my congratulations for this decision.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Ontario's Ministry of the Environment and Climate Change continues to roll out its Climate Change Action Plan with its proposed GHG guide for projects that are subject to the province's Environmental Assessment Act.
The Imperial Oil refinery pled guilty to one offence for discharging a contaminant, coker stabilizer, thermocracked gas, into the natural environment causing an adverse effect and was fined $650,000...
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).