Ontario tribunal approves Burlington quarry expansion, despite opposition of city, environmental groups

The Ontario Land Tribunal (OLT) has approved a controversial expansion of the Nelson Aggregates quarry — despite years of opposition from the City of Burlington, environmental groups and nearby residents — clearing the way for the company to proceed with the project.

The quarry is located in rural north Burlington, on 2 Sideroad between Cedar Springs Road and Guelph Line. It is near Mount Nemo Conservation Area on the Niagara Escarpment, a UNESCO biosphere reserve home to hundreds of species of animals and plants.  

City officials and opponents of the project responded with disappointment and renewed concern to the Tuesday ruling approving the expansion of the Burlington quarry.

Nelson Aggregates, meanwhile, welcomed the decision and said it would allow the company to continue "supplying the high-quality aggregate our growing region needs while delivering  significant long-term community and environmental benefits," said Quinn Moyer, the company's president in an emailed statement.

In it's ruling, the OLT said Nelson's site plan drawings and adaptive management plan had "satisfactorily responded to the concerns raised by the City, the Region, and CORE/PERL."

Conserving Our Rural Ecosystems and Protecting Escarpment Rural Land (CORE/PERL) was one of the groups that submitted evidence and testimony opposing the expansion.

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Nelson had satisfactorily addressed concerns about "the monitoring of ground water and surface water, the protection of natural heritage features, the mitigation of fugitive dust, and the safety concerns around blasting and fly-rock," the OLT said.

"The Tribunal finds that the expansion of the Burlington Quarry represents a wise use of mineral aggregate resources and represents a balancing of public interest."

'Extremely disappointed'

CORE/PERL said it was "extremely disappointed" with the approval of the proposal.

The group had submitted "compelling evidence at the hearing demonstrating that the expansion of the Nelson quarry will cause dangerous air emissions, threaten our drinking water and expose people to unregulated blasting and flyrock," CORE/PERL president Gord Pinard wrote in a news release.

"Nothing in the decision addresses these public health and safety concerns, except to say 'trust' the Ministry of Natural Resources (MNR) with the enforcement of standards that the Auditor General reports MNR systematically ignores."

David Donnelly, an environmental lawyer who represents CORE/PERL, said public trust in the process of approving the Nelson quarry expansion required careful consideration of the issues presented, particularly regarding the credibility of Nelson’s evidence. 

"The evidence at the hearing, including the Auditor General’s report, strongly pointed to the fact you cannot trust Nelson or a number of their experts," Donnelly said.

'My client and the public doesn't trust Nelson': lawyer

According to Donnelly, the Auditor General has released two reports regarding the management of aggregate resources and MNR's performance in monitoring and enforcing compliance with provincial regulation.

"The Auditor General was highly critical of the fact that the MNR was failing to properly inspect and enforce the Aggregate Resources Act," Donnelly told CBC Hamilton on Wednesday.

"The tribunal is asking the public to trust the MNR to ensure that Nelson Aggregates is protecting the public from human health and safety issues," Donnelly said. "Frankly, my client and the public doesn't trust Nelson or the MNR to protect them."

'Not the outcome we wanted': Burlington mayor

Meanwhile, the City of Burlington said it had opposed the expansion because of potential impacts on the natural environment, wildlife, groundwater, the rural community and the quality of life of residents living near the quarry.

"This is not the outcome we wanted for Burlington or for Mount Nemo, our world biosphere reserve," Mayor Marianne Meed Ward said in a statement.

Meed Ward thanked residents and community advocates who have spent years working with city staff and council to protect the Mount Nemo area.

"Their commitment has been extraordinary," she said. "City staff are reviewing this decision and will advise council what options are available to us. Our commitment to protecting Mount Nemo and our community remains."

The city said it will now review the tribunal's full decision with legal counsel and technical staff. That review will include the conditions attached to the approval, staging requirements, monitoring obligations, additional approvals and any legal or procedural options available to the municipality.

"It is too early to confirm what this decision means for timing, implementation, enforcement or future city involvement," the city said.

The decision will be difficult news for nearby residents and the rural community, who have raised concerns about groundwater, the natural environment and the project's impact for years, Ward 3 Coun. and deputy mayor of the environment Rory Nisan said in the statement.

"Their voices and advocacy have mattered throughout this process," Nisan said. "I will continue working with the community as we review the decision and determine the path forward."

Company: Land to be rehabilitated after extraction

In its emailed statement to CBC, Nelson Aggregates said it has a plan for going forward.

"We have always believed that partnership, not prolonged confrontation, is the best path forward.

"Our door remains open to the City of Burlington, residents and community groups as we move ahead with implementation and work to maximize the long-term public benefits of the project," said Moyer, the company's president.

The company says that as part of their now approved-plan, the quarry and expansion lands will be returned to Conservation Halton "following completion of extraction and rehabilitation, creating nearly 1,000 acres of publicly accessible parkland and open space."