St Mary's Cement Group

Update - January 2013

Since the last update, St Marys Cement has decided to challenge two of the Province's decisions regarding the proposed St Marys Cement Flamborough Quarry. Those decisions are a Ministerial Zoning Order (MZO) to freeze the current zoning on the property, issued in April 2010, and a Declaration of Provincial Interest before the Ontario Municipal Board, issued in April 2011. They have also filed a North American Free Trade Agreement (NAFTA) suit and a notice of application for judicial review in the Ontario Superior Court of Justice.

With the filing of these applications, St Marys has brought an international element to this process that has never been seen before in the Province with a quarry application. They filed a $275-million (US) arbitration claim against the Canadian government under the North American Free Trade Agreement (NAFTA).

Subsequent to this, St Marys filed an appeal to the Ontario Municipal Board (OMB), but in April of last year, the provincial government declared a provincial interest in the proposed site, giving it legislative authority to overturn any decision made by the OMB.

In August 2012, the Ontario Divisional Court released a decision dismissing St Marys Cement’s appeal. The decision relates to the Court’s June 2012 hearing where St Marys Cement was seeking to overturn the January 2012 decision by the Environmental Review Tribunal (ERT). The ERT had concurred with the Ministry of the Environment decision to deny a Permit to Take Water (PTTW) to the company while the proposed site is subject to a Ministerial Zoning Order (MZO) which precludes an aggregate extraction operation. The Court did not agree with St Marys Cement’s challenge to the ERT’s interpretation of the Planning Act.

In September 2012, St Marys Cement served a Notice of Motion for Leave to Appeal to the Ontario Court of Appeal to challenge the Divisional Court’s decision. The Ontario government attempted to have St Marys application for a judicial review dismissed but the judge with the Ontario Divisional Court refused to grant the dismissal. The province has since appealed the judge’s decision and a panel of judges is scheduled to hear arguments. The motion to set aside the Divisional Court Order has been adjourned until2013 for a date to be set in the New Year.

As the proceedings move forth, the Region will provide further updates.

Update - February 2011

On April 13, 2010, the Minister of Municipal Affairs and Housing issued Minister's Zoning Order freezing the use of the lands proposed for the Limestone Quarry for uses lawfully permitted on the day of the passing of the Order Adobe Portable Document Format (PDF)64KB. Minister’s Zoning Orders have been used on a limited basis in the past but never for an aggregate use. Both the City of Hamilton and the Ministry of Natural Resources have advised the Region that they will no longer be processing the Aggregate Resources Act and the Official Plan and Zoning By-law Amendment applications, in accordance with the direction provided in the Minister’s Zoning Order.

Under Section 47 of the Planning Act R.S.O. 1990, St. Marys has the right to ask the Minister to refer this decision to the OMB for a hearing.  On June 2, 2010, St. Marys submitted the required documentation and the Minister subsequently granted the request.  A Prehearing Conference before the OMB has been scheduled for April 1, 2011 (Adobe Portable Document Format (PDF)156KB) to initiate the process before the Board.

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Reports to Council

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Staff Contact

Stirling Todd, Senior Planner
Planning Tel: 905-825-6000 Ext. 7186
Planning Fax: 905-825-8822
Toll-free Tel: 1-866-4HALTON (1-866-442-5866)
TTY: 905-827-9833
E-mail: Stirling.Todd@halton.ca

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Additional Information

Update from April 2009

Notification Period under the Aggregate Resources Act - April 3 to May 21, 2009

St. Mary's Cement Inc. (Canada) is initiating the “notification period” under the Aggregate Resources Act. St. Mary's is required to inform the public of this through a newspaper notice and mailings to adjacent landowners. While Halton Region is not directly involved in this part of the process, we want to be sure that people are aware of upcoming milestones, should they wish to respond.

St. Mary's is proposing a new quarry north-west of the intersection of Concession 11 and Milburough Line in the City of Hamilton, just west of the Halton Region and Town of Milton border. A number of approvals are required to permit a new quarry, and the notification period referred to is specifically for the application under the Aggregate Resources Act (ARA).

The notification period runs from April 3, 2009 to May 21, 2009. During this time, anyone with objections to the proposed quarry must provide the applicant (St. Mary's) and the District Manager of the Ministry of Natural Resources, with written notice of their objections and the reason(s) for objecting. Written objections must be delivered in person or by registered mail and received within the 45 day period.

On April 27, 2009, St. Mary's Cement Inc. (Canada) will host a public information session, required by the Ministry of Natural Resources as part of the Aggregate Resources Act licensing process. This meeting will be held from 4:00 p.m. to 9:00 p.m. at Waterdown Legion Hall, 79 Hamilton Street North, Waterdown Ontario. St. Mary's staff and consultants will be on hand to present information on the proposed quarry and respond to questions.

St. Mary's Cement Inc. (Canada) has submitted a new set of technical documents in support of their application and these are available for public review at:

Background Information

St. Mary's Cement Group (formerly Mountsberg Quarry) is proposing a limestone quarry has been proposed on 154 hectares (380 acres) of land on Lots 1, 2 & 3, Concession XI, City of Hamilton (Former Township of East Flamborough). The quarry, referred to as St. Mary's Flamborough Quarry, is proposed to produce three million tonnes of dolostone a year for the next 25 to 30 years. This site is located across the Milburough (Town) Line just outside of Halton Region.

Amendments to the former Township of Flamborough Official Plan and zoning by-law and a Class A License under the Aggregate Resources Act are required. The owners have applied to the City of Hamilton for the official plan amendment and rezoning. Full information on the application, supporting studies, planning reports and planning process is available on the City of Hamilton website. The owners have not yet applied for the quarry license under the Aggregate Resources Act. The technical reports supporting the quarry application are available for public reference in the Halton Citizen Reference Library adjacent to the Regional Council Chambers at Halton's Main Office, 1151 Bronte Road, Oakville, during normal business hours.

Halton Region, Town of Milton, City of Burlington and Conservation Halton staff are reviewing the quarry application and the supporting technical studies in detail, exchanging information and making submissions to the City of Hamilton, the approval authority for the official plan amendment and rezoning applications. We will also comment directly to the Ministry of Natural Resources, the approval authority on the aggregate license application.

Halton Region's concerns include impact of the quarry on groundwater, natural features and traffic.

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