MNR’s Compliance Program for Sand and Gravel Operations
The Ministry of Natural Resources is responsible for regulating sand, gravel and rock (aggregate) extraction in Ontario. MNR administers approximately 3,300 licenses on private lands and 2,600 aggregate permits on Crown lands. Operators of pits and quarries are required to follow the conditions of their site plans, which MNR approves under the Aggregate Resources Act (ARA). Site plans are intended to control the impacts of aggregate operations on the natural environment and on nearby residents by setting out site-specific rules, such as allowable depth of excavation, types and locations of noise and visual screens, hours of operation, and any required protection of wetlands, woodlots or other natural heritage values.
Over the years, the ECO has heard many concerns and complaints from the public about aggregate operations, including allegations that site plans are not being complied with. Until 1997, MNR inspectors were required to inspect each licensed aggregate site annually, but in practice, fiscal constraints and reduced staffing meant that the ministry could not get to each site every year. After considerable consultation and planning with the industry, the ministry established a new compliance reporting process in 1997. Under the new process, aggregate operators file their own reports annually – called Compliance Assessment Reports, or CARs – on how they complied with the ARA, its regulations, the site plan and license conditions. MNR’s role now is to review the reports filed by industry and to carry out field checks for a small percentage of operations. In 1997/1998, MNR had committed to field check 20 per cent of licenses, rising to at least 50 per cent in following years. The ministry noted in 2000 that the 20 per cent target was necessary to ensure that every site was inspected within the five-year window for possible prosecutions under the ARA. However, because of inadequate staffing MNR was not able to meet this target.
In our 1999/2000 annual report, the ECO encouraged MNR to review the effectiveness of its Aggregate Resources Compliance Reporting Program. MNR conducted the review and informed the ECO in April 2002 that, generally, the quality of CARs was lacking. Deficient reports commonly omitted information such as excavation depth, rehabilitation information, site sketches, or information regarding consultation with municipalities. MNR also emphasized the need for the ministry to complete field audits and to provide additional training to industry on how to report on their compliance properly. MNR stated that it was implementing or at least considering 16 administrative changes to improve the situation. MNR provided an update on its Aggregate Compliance Program in January 2004. Significantly, the ministry is still failing to meet its target of field auditing at least 20 per cent of licences. In fact, the success rate is declining: MNR audited 13 per cent of licences in 2002 and only 10 per cent in 2003. However, the ministry has carried out a number of smaller administrative improvements, including:
- defining in policy what constitutes an “audit.”
- directing staff to document in writing the results of any audits, and to place a copy on file.
- developing a spread-sheet to track compliance reporting, including submissions, remedial action deadlines, follow-up actions and field audits.
- sending out form letters to spur industry to submit their annual CARs.
MNR has also begun to suspend or temporarily revoke licences when CARs are not submitted by the annual deadline. MNR also reported that in 2002/2003, the ministry began targeting licensees and permittees who submit poor quality reports. The ministry held 22 training sessions with the aggregate industry province-wide on how to complete the CARs, and the consequences of not meeting legal obligations.
MNR had previously indicated it was considering new powers for aggregate inspectors, by empowering them to issue Part 1 tickets under the Provincial Offences Act. This would allow for an instant penalty for violations such as non-submission of the CAR. MNR now reports, two years later, this idea is still being considered and discussed internally. MNR had also been seeking a legislative amendment to allow for a “stop-work order” for any violation of the ARA. Unfortunately, the proposed legislative change was included as part of a Government Efficiency Bill tabled in 2003 and it died on the order paper when the election was called in October 2003. The new government has not announced whether it will proceed with a similar bill.
ECO Comment
Aggregate operations are a chronic source of complaints to MNR, to the Ministry of the Environment, and to the ECO. Municipalities in areas where sand and gravel deposits are concentrated also face many complaints from residents. Municipal councils are often frustrated because they have very little control over compliance at aggregate operations, but are required by provincial policy to permit this land use. In April 2004, one municipal council threatened to refuse any further zoning for aggregate extraction, asserting that MNR has abandoned the best interests of the township.
The ECO finds it very troubling that the Ministry of Natural Resources is persistently unable to meet its own target of field-auditing at least 20 per cent of CARs for licenses. In 1997, when MNR first set up this “alternate service delivery” compliance program, the ECO cautioned that while the ministry’s plans were well-laid out, much depended on having adequate staffing to meet the field-audit targets. MNR inspection staff are also still without enforcement tools such as the ability to issue Part 1 tickets or stop-work orders. The ministry has a clear obligation to ensure that the aggregate industry operates in compliance with existing rules. MNR should also be able to demonstrate to the public that its compliance and enforcement programs are operating as promised, and are effective. The ministry’s continuing inability to fulfill this obligation is perpetuating conflicts at existing operations, and is also undermining the public’s confidence in the regulatory system itself, thus leading to a loss of access to the resource.
| Recommendation 6:
The ECO recommends that MNR ensure that the aggregate industry operates in compliance with existing rules, and that the ministry demonstrate to the public that its compliance and enforcement programs for this industry are working effectively. |
| This is an article from the 2003/04 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article
Environmental Commissioner of Ontario. 2004. "Update: MNR's Compliance Program for Sand and Gravel Operations." Choosing our Legacy, ECO Annual Report, 2003-04. Toronto, ON : Environmental Commissioner of Ontario. 62-64.
