City of Burlington brings forward preliminary motion to obtain order on Nelson Aggregate’s quarry licence application

For Immediate Release - Sept. 4, 2009

BURLINGTON, ON –To obtain clarity on a number of key issues associated with a proposed major quarry extension, the City of Burlington has made a preliminary motion before a joint panel of the Environmental Review Tribunal and the Ontario Municipal Board (known as a “Joint Board”) on legal issues from a hearing triggered by the Nelson Aggregate Company, which has applied for a licence and several other approvals for a new quarry across the street from the company’s existing quarry on No. 2 Side Road in North Burlington.

The purpose of the city’s motion is to resolve certain legal issues in advance of the Joint Board hearing so that unnecessary time and expense can be avoided. It is the city’s belief that the current quarry application is incomplete and does not take into consideration a number of matters that should be considered by the Joint Board in its consideration of the application. These matters include the following:

The scope of the quarry operation to be considered by the Joint Board – the current application does not include the existing quarry lands, however the application calls for the existing quarry lands to be used to process the quarried aggregate from the new site, and continued quarrying in the existing quarry. Continuing to use the existing quarry site will delay the decommissioning and rehabilitation of the existing quarry lands.

Additional provincial permits and approvals – the proposed new quarry site may require provincial permits and approvals for water use and discharge, as well as noise and pollution issues associated with the new site. These permits and approvals should be considered by the Joint Board as part of its consideration of the application.

The city’s motion also seeks direction from the Joint Board on the appropriate legal policy framework that should be used to analyze the quarry licence application. The Joint Board’s decision on the city’s motion will help guide the hearing process. A decision by the Joint Board is expected imminently.

Depending on the decision, the various appeals and applications required by Nelson to obtain quarry approval are expected to be considered by the Joint Board in a hearing beginning sometime in 2010. The City of Burlington, the Region of Halton, the Niagara Escarpment Commission and Conservation Halton will be making recommendations to the Joint Board in the fall of 2009 on whether or not the quarry application should be approved or refused. For more information on the Nelson Aggregate Co. quarry application and a copy of the JART report, visit



Media Contact:
Leo DeLoyde
General Manager
Development amd Infrastructure
Tel. 905-335-7883
Fax. 905-335-7708


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