NWPA UPDATE: March 2025
To all Niagara Water Protection Alliance supporters and neighbours of Port Colborne Quarries:
Hello everyone:
The NWPA remains committed to protecting our water. We believe that clean safe drinking water is a basic human right essential to life. We welcome your support. Our Mandate: To protect our Aquifer.
Ontario Land Tribunal Appeals Update / OLT Case Management Conference Meeting April 26, 2024
In our last communication, we provided an update about the appeals to the Ontario Land Tribunal that we filed regarding the decisions made by the City of Port Colborne Council and Niagara Regional Council. Those being the approvals of amendments to the municipal and regional official plans and associated by-laws to allow Port Colborne Quarries Inc. to move forward with Pit 3 expansion plans.
On April 26, 2024 we attended the first OLT Case Management Conference (CMC) via a video format.
Jack Hellinga and myself participated and presented on behalf of the Niagara Water Protection Alliance. Robert Henderson, Josef van Ruyven and Harry Wells were off camera for support.
In addition to our being on the call, there were representatives from the City of Port Colborne, The Regional Municipality of Niagara, Port Colborne Quarries Inc. and their respective legal teams. Mr. and Mrs. Ladd had legal representation as to their OLT appeal. In all there were seventeen (17) persons on this call.
As expected, this first meeting was held as an opportunity to understand the appeal process and what was to be expected from all parties and the requirements to move forward. We were presented with a number of items that would need to be provided prior to the next case management meeting. Most of those items did come with specific date deadlines. A second CMC meeting date was set for July 3, 2024.
In the interest of cooperation, we made a request to have an in-person reconciliation meeting with representatives from Port Colborne Quarries Inc. The invitation for this meeting was eventually accepted through the Port Colborne Quarries lawyer. (Meeting date May 9, 2024)
In preparation for the July 3rd CMC meeting, we researched and enlisted help from professionals, experts in their fields, specific to our needs. All required additional information and lists were sent in advance of all specified deadlines.
RECONCILIATION MEETING WITH PORT COLBORNE QUARRIES INC. (May 9, 2024)
ATTENDIES:
PCQ – John MacLellan PCQ Operations Manager.
David Sisco – (Sr. Planner IBI Group)
NWPA – Gary Gaverluk, Jack Hellinga, Harry Wells
A meeting place was suggested by the quarry and we agreed to that location. In advance of this meeting, we provided an “issues list” at the request of the quarry. Eight (8) items were discussed.
From the onset of the meeting we sensed that the PCQ representatives had already decided what they were willing to discuss, and were unwilling to change their position on anything they had already submitted. We received limited clarification on some of the items on our list. It was not productive at all.
The NWPA provided a recap summary of the meeting to our OLT Case Management Coordinator and Port Colborne Quarries Inc. Through the Case Management Coordinator, we requested that PCQ review the summary and provide comments. To date, we have heard nothing from PCQ. It is also important to note that PCQ has pulled all supporting documentation regarding their Pit 3 expansion plans from their website.
ONTARIO GOVERNMENT ENACTS BILL 185
Bill 185, also known as the Cutting Red Tape and Build More Homes Act received Royal Assent June 6, 2024.
Bill 185 is very extensive and did impact our OLT appeals process. On June 14, 2024 we received an email from the OLT Case Coordinator that the July 3, 2024 Case Management Conference had been put on “hold”.
On or about July 18 we received information that our OLT Appeals were no longer valid. The reason being that we were still in the Case Management Conference stage and that an OLT Hearing date had not been set before April 10, 2024. A request was made for the OLT to reimburse all of the costs that were applied to our appeals. Full reimbursement was received.
This was unfortunate and disappointing; however, this has not stifled our efforts.
Bill 185 does not address appeals that are under the MNRF Aggregate Resources Act. To date, according to MNRF Port Colborne Quarries Inc. is still working on their licence application for Pit 3. We will continue to track the progress of this application process through the MNRF. We continue to monitor the activities of Port Colborne Quarries Inc. daily.
WAINFLEET – LAW CRUSHED STONE – DIVISION OF WATERFORD LAW
Some may be aware that Law Crushed Stone – Division of Waterford Law Sand & Gravel received their licence to expand to the west along Highway #3. Despite our best efforts we were not able to generate any interest from the residents of Wainfleet regarding this expansion. It does appear that Waterford Law’s plans for remediation and expansion plans are more forthcoming and in line with ministry standards.
WALKER INDUSTRIES – UPPERS LANE THOROLD QUARRY APPLICATION
Walker Industries has made an application for a new quarry in Thorold. The quarry will be at Uppers Lane and will consume 200 plus acres of prime farmland that backs onto Fernwood Estates, a residential community.
A group of concerned citizens from Fernwood Estates formed a group to fight this “New Quarry” and have reached out to the NWPA for help and advice. We continue to mentor and advise this very hard working group. We meet with them monthly at our board meetings.
IN SUMMARY
The Niagara Water Protection Alliance will continue to monitor all activities at Port Colborne Quarries Inc. including the quarries impact on adjacent municipal drains influenced by their dewatering (pumping) processes from Pits 1, 2 and 3.
The former Humberstone Speedway Lands remain a “brownfield” (contamination) concern.
As soon as we receive word that Port Colborne Quarries Inc. has completed the application for the expansion of Pit 3, we will review the application. A decision to appeal the application will be based on our analysis.
If you would like to join the team or to donate to our cause, please contact us. The Niagara Water Protection Alliance will remain committed to protecting everyone’s right to clean sustainable fresh water and the protection of our aquifer.
Sincerely,
Gary Gaverluk
President – The Niagara Water Protection Alliance
Jack S. Hellinga, Vice President
The Niagara Water Protection Alliance
