Burlington Quarry (Nelson Aggregates) 

Current Application

The Burlington Quarry is located to the west of the hamlet of Mount Nemo in the City of Burlington. On May 14, 2020, Halton Region received an application from Nelson Aggregates to amend the 2009 Regional Official Plan to expand the Burlington Quarry by extending the license and extraction areas to the south and west of the existing quarry lands.

As part of its application, in the section pertaining to rehabilitation of lands used for aggregate extraction, Nelson Aggregates offers to donate their land at the end of the life of the quarry, proposed to be phased out in stages over 30 years. It has been suggested the rehabilitated quarry could be used as a large park in Halton.

The focus of the review for the Regional Official Plan Amendment application is on the range of potential impacts of an expanded quarry to the community, the environment and quality of life for residents directly affected by the proposed expansion. The proposed after-use of the quarry site as parkland is not part of the technical consideration for the amendment application.

Application Status

On August 3, 2022, Nelson Aggregate Co. filed appeals with Halton Region for non-decision on the application for a Regional Official Plan Amendment, and the City of Burlington for non-decision on the application for a Local Official Plan Amendment. This has the effect of putting both Official Plan Amendments before the Ontario Land Tribunal.

Halton Region will participate in the upcoming Ontario Land Tribunal hearing (external link) as an objector to Nelson’s Aggregate Resources Act (external link) application (read the Region’s Objection Letter (PDF file)). The first Case Management Conference of the Tribunal hearing is scheduled for Thursday, June 29 and will deal with procedural matters only. More information and updates on the Tribunal process can be found on the Ontario Land Tribunal website (external link).

2023 Technical Summary Report

In June 2023, JART completed the technical review of the third circulation materials submitted by Nelson Aggregate Co. This completed review includes a technical report summarizing the content as well as comment tables with detailed comments on the review. A copy of the 2023 Technical Summary Report and its appendices can be downloaded from the links below.

A copy of the Technical Summary Report can also be found as Attachment #4 to Report LPS28-23 – Status Update for the Proposed Expansion to the Burlington Quarry (Nelson Aggregate Co.), File No. RQ61A which is available on the June 14, 2023, Regional Council Agenda (external link).

Halton Region’s Response Letter under the Aggregate Resources Act Process

On August 12, 2022, Halton Region replied to Nelson’s response to Halton Region’s initial 45-day Objection letter.

Download a copy of Halton Region’s response letter:

• Objection Letter - Nelson Aggregate Co's Burlington Quarry Extension - August 12 2022 (PDF file)

Nelson Aggregates Response to 45-day Objection Letter

On June 29, 2022, Nelson Aggregates submitted a response to Halton Region’s objection letter to the Aggregate Resources Act Licence Application.  Halton Region will be provided a response to the letter by the deadline of August 15, 2022.

Download a copy of Nelson Aggregates response letter:

• Nelson Aggregates Response to Halton Region’s Burlington Quarry ARA Licence Objection Letter (PDF file)
• Hydro line and pole locations (PDF file)

View the Halton Region’s Objection Letter for more information.

Joint Agency Review Team (JART) Third Circulation

Staff and peer reviewers from Halton Region, the City of Burlington, Conservation Halton and the Niagara Escarpment Commission have completed assessing updated information that was provided by Nelson Aggregates on June 27, 2022, through JART Review. The updated information is below and the completed review can be found under the JART Report section of this page above.

Technical Discussions between Nelson Aggregates and JART

Nelson Aggregates and JART engaged in technical discussions in November and December 2021 and February and May 2022 and the following information was provided to JART following those discussions:

• Earth Fx – Memo Response to JART Comments April 19 2022 (PDF file>
• Earth Fx - Presentation Medad Valley May 20 2022 (PDF file>
• Earth Fx - Memo Doc of Deep Pond Stimulation Results May 29 2022 (PDF file>
• GEI - Memo Medad Valley Life Science ANSI and PSW May 31 2022 (PDF file>

Joint Agency Review Team (JART) Second Circulation

Staff and peer reviewers from Halton Region, the City of Burlington, Conservation Halton and the Niagara Escarpment Commission are currently assessing updated information that was provided by Nelson Aggregates in June and July 2021 through JART Review.  Interim comments for hydrogeology, surface water and natural heritage were provided by JART to assist in the discussions between JART and Nelson Aggregates in February 2022.  The proponent has provided responses to these interim comments with the third circulation.

This list will be updated as additional information arrives from the proponent and comments are completed by staff and peer reviewers:

Site Plan Amendment Application comments

On November 4, 2021, Halton Region, the City of Burlington, Conservation Halton, and the Niagara Escarpment Commission received a circulation from Nelson Aggregate Co. regarding a proposed Site Plan Amendment to the licence for the current operation. The general intent of the amendment is to allow for the integration of the entire site as a single operation, including some setback eliminations on the current site and to change the after-use of the existing operation to active parkland alongside the proposed expansion areas.

On December 8, 2021, Halton staff provided comments back to the Ministry of Northern Development, Mines, Natural Resources and Forestry in response to the Site Plan Amendment Application. The comments outline a series of concerns related to the proposed Site Plan Amendment for the existing quarry. These concerns were informed by the review of technical reports and studies submitted in support of the application by staff and retained consultants. Halton Region posted the same information to Environmental Registry of Ontario posting 019-4921 (external link) on February 8, 2022.

Download a copy of the application, letter and comments:

• Original mailing package (PDF file)
• Halton letter (PDF file)
  • JART table 1 (PDF file)
  • JART table 2 (PDF file)

Niagara Escarpment Plan Amendment Comments

On April 26, 2021, Halton staff provided comments to the Niagara Escarpment Commission in response to the Environmental Registry of Ontario posting # 019-3215. The comments outline a series of concerns related to the proposed quarry expansion. These concerns were informed by the review of technical reports and studies submitted in support of the application by staff and retained consultants.

On May 14, 2021, Halton Region issued comments to the NEC in response to the NEC’s agency circulation. The comment letter reflected the content posted to the Environmental Registry of Ontario.

Download a copy of the comments:

• Burlington Quarry NEPA Request for Comments Apr 26 - submitted (PDF file)
• Burlington Quarry NEPA Request for Comments, Agency Comments, May 14 - submitted (PDF file)

JART Agencies and Additional Applications Filed

• Aggregate Resources Act License (filed with the Ministry of Northern Development, Mines, Natural Resources and Forestry)
• Niagara Escarpment Plan Amendment (filed with the Niagara Escarpment Commission)
• NEC Development Permit (filed with the Niagara Escarpment Commission)
• City of Burlington Official Plan Amendment (filed with the City of Burlington)

Halton Region 45-day Objection Letter

On December 14, 2020, the Region’s Chief Planning Official issued a Letter of Objection to the Aggregate Resources Act Licence Application outlining a series of concerns related to the proposed quarry expansion.  Concerns identified in this letter were informed by the review of technical reports and studies submitted in support of the application by staff and retained consultants.  The same concerns were submitted on December 18, 2020, in response to the Environmental Registry of Ontario posting # 019-2698.

Download a copy of the letter:

• Burlington Quarry ARA Licence Objection Letter (PDF file)

Joint Agency Review Team (JART) First Circulation (Complete)

Staff and peer reviewers from Halton Region, the City of Burlington, Conservation Halton and the Niagara Escarpment Commission completed the first round of technical review of the reports submitted by Nelson Aggregates in 2020 and 2021 through JART review. The following detailed comments were delivered to Nelson Aggregates upon completion of that first circulation technical review.

Public Consultations

Statutory Public Meeting - Nelson Aggregate Co. Burlington Quarry Expansion:
Application September 15, 2021

Halton Region hosted a Statutory Public Meeting on September 15, 2021. The purpose of the Statutory Public Meeting was to provide the public with the opportunity to provide comments to Regional Council on the proposed Amendment filed by the applicant Nelson Aggregate Co. to amend the Regional Official Plan to expand the Burlington Quarry. 

View a recording of the meeting:

• September 15, 2021 - Special Meeting of Regional Council 12-21

Virtual Public Consultation: December 10, 2020

Halton Regional Council passed a motion on November 25, 2020, that among other things, directed staff to contact Nelson Aggregate Co. to schedule and support the delivery of a virtual public information session for the ARA Licence application.

A virtual public consultation was held on Thursday, December 10, 2020.  The event was held in response to the resolution unanimously adopted by Regional Council on November 25, 2020.

This virtual public consultation was recorded and included a brief presentation from Nelson Aggregate’s project team that was followed by a Question-and-Answer period.

Download a copy of the presentations:

• Agency presentation (PDF file)
• Nelson Aggregate Co. presentation (PDF file)

Download a copy of the transcribed Question and Answers:

• December 10, 2020 - Burlington Quarry Public Information Centre - Q+A (PDF file)

View a recording of the PIC:

• December 10, 2020 - Burlington Quarry Public Information Centre

MNRF Notice of Complete Application

On Thursday, October 29, 2020, Nelson Aggregates posted a notice in the Burlington Post of the first 45-day review period. It indicated that materials were posted on their project website (external link) and that their consultant team is available for direct questions. The applicant has indicated there will be no public information session during this 45-day review period. The deadline for filing letter of objection with Nelson Aggregates and MNRF is December 14, 2020.

• Notice as published in the Burlington Post on October 29, 2020 (PDF file).
• Notice received by Halton Region (PDF file).

Submission Materials

The following materials were submitted with the Regional Official Plan Amendment application on May 14, 2020 (or alternate date, if applicable). Halton Region deemed the application as complete on July 20, 2020:

Download a copy of Halton Region’s letter deeming the Regional Official Plan Amendment application complete:

• RQ61A – Notice to Applicant Deeming Complete – July 20, 2022 (PDF file)

The following concurrent applications were also submitted at the same time, in order to permit the proposed quarry expansion:

• ARA License Application with the Ministry of Northern Development, Mines, Natural Resources and Forestry
• Niagara Escarpment Plan Amendment Application with the Niagara Escarpment Commission
• Niagara Escarpment Development Permit Application with the NEC; and
• Local Official Plan Amendment Application with the City of Burlington

Previous Application (2004-2012)

In 2004, and revised in 2006 and 2008, Nelson Aggregates filed applications to amend the Regional Official Plan in order to re-designate lands and permit expansion to the south of the quarry.  At its meeting in October 2009, Regional Council did not support the Regional Official Plan Amendment application and advised the Joint Board. In 2012, the Joint Board Hearing denied the application.

The following reports relate to the 2004-2012 application:

• JART Technical Report from February 2009 (PDF file)
• Halton Region’s ROPA Recommendation staff report, received by Council on October 28, 2009  (PDF file)
• Resolution of Halton Region Planning and Public Works Committee, approved by Council on October 28, 2009  (PDF file)
• Final decision of the Joint Board, issued October 11, 2012 (PDF file)

Staff Contact

The staff contact for this project is:

Janice Hogg, Senior Planner
Janice.Hogg@halton.ca
905-825-6000, ext. 2921
Planning Fax: 905-825-8822
Toll-free Tel: 1-866-4HALTON (1-866-442-5866)
TTY: 905-827-9833