This consultation was open from:
March 8, 2017
to April 22, 2017
Decision summary
Johnston Bros. (Bothwell) Limited was issued a licence to extract aggregate from a pit in the Township of South-West Oxford.
Location details
Site location details
Township of South-West Oxford
Part Lot 29A, Broken Front Concession, Geographic Township of West Oxford
A link to our mapping tool allows you to locate and view licensed site under the Aggregate Resources Act (ARA).
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
Johnston Bros. (Bothwell) Limited
P.O. Box 220
Bothwell,
ON
N0P 1C0
Canada
Decision details
Aggregate Resources Act (ARA) licence No. 626094 was issued on October 6, 2021 to Johnston Bros. (Bothwell) Limited, subject to conditions specified on Schedule A and B.
The licensed area is 35 hectares in size and allows extraction of aggregate from a pit below the water table. The tonnage condition specifies a maximum of 200,000 tonnes of aggregate to be removed form the site in any calendar year.
A copy of the licence can be obtained from the contact identified below.
Effects of consultation
No comments were received in response to the Environmental Registry notice.
Seven (7) comments were received in response to the ARA consultation process. The concerns raised included protection of natural heritage features (species at risk, wetlands), impacts to drinking water and hydrogeology, noise, dust and traffic, land use (loss of farmland, visual, property values), archaeology and details associated with the proposed rehabilitation. The applicant worked to address these concerns by providing additional information and through revisions to the site plan.
There was one (1) outstanding objection at the end of the ARA process. The Ministry referred the application to the Ontario Land Tribunal, however the objection was withdrawn before a hearing was held and the application was returned to the Ministry for a decision. All objections to the application have been addressed or withdrawn.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
300 Water Street, 4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from February 9, 2023 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
Start the process to appeal
If you’re an Ontario resident, you can start the process to appeal this instrument decision.
First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.
If the appellate body grants leave, the appeal itself will follow.
Seek leave to appeal
To seek leave to appeal, you need to do these three things:
- prepare your application
- provide notice to the minister
- mail your application to three parties
1. Prepare your application
You’ll need to prepare an application. You may wish to include the following things in your application:
- A document that includes:
- your name, phone number, fax number (if any), and/or email address
- the ERO number and ministry reference number (located on this page)
- a statement about whether you are a resident in Ontario
- your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
- the parts of the instrument that you’re challenging
- whether the decision could result in significant harm to the environment
- the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
- the grounds (facts) you’ll be using to appeal
- the outcome you’d like to see
- A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
- Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered
The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:
- is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
- could the decision you wish to appeal result in significant harm to the environment?
2. Provide your notice
You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.
In your notice, please include a brief description of the:
- decision that you wish to appeal
- grounds for granting leave to appeal
You can provide notice by email at minister.mecp@ontario.ca or by mail at:
College Park
5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3
3. Mail your application
You’ll need to mail your application that you prepared in step #1 to each of these three parties:
- appellate body
- issuing authority (the ministry official who issued the instrument)
- proponent (the company or individual to whom the instrument was issued)
Johnston Bros. (Bothwell) Limited
P.O. Box 220
Bothwell,
ON
N0P 1C0
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
Include the following:
This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.
Connect with us
Contact
Kendall Haddow
300 Water Street, 4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Proposal details
Proposal updates
This notice was updated on February 24, 2021 to advise the public that this application under the Aggregate Resources Act has been referred by the Ministry of Natural Resources and Forestry to the Local Planning Appeal Tribunal. Please refer to http://elto.gov.on.ca/tribunals/lpat/e-status/ for information on scheduled hearings of the Local Planning Appeal Tribunal.
This notice was updated on March 7, 2019 to advise the public that there has been no change to the status of the proposal and it is still being considered. No additional opportunity for comment is being provided for at this time.
Description of instrument
Johnston Bros.(Bothwell) Limited has applied for a Class “A” licence (Pit Below Water) to excavate aggregate from a pit 35 hectares in size. This application is for the establishment of a new pit. The annual tonnage condition applied for is 200,000 tonnes per calendar year.
Other information
Site plan information is available to view at the Ministry of Natural Resources and Forestry Aylmer District Office, 615 John Street North, Aylmer, ON N5H 2S8. Making an appointment to view the information is recommended to ensure aggregate staff will be available to provide information and answer questions.
Additionally, information related to this proposal is available from the following municipal offices:
Township of South-West Oxford
312915 Dereham Line,
Mt. Elgin, ON N0J 1N0
Oxford County
P.O. Box 1614
21 Reeve Street
Woodstock, ON N4S 7Y3
Comments received through the Environmental Registry should not be construed as an objection under the Aggregate Resources Act in accordance with section 4.0 – Notification and Consultation Standards of the Provincial Standards 1.0 under the Aggregate Resources Act. To be considered as a formal objector, individuals need to contact the MNRF person specified on this notice to determine how to submit an objection.
Other public consultation opportunities
As specified in the Aggregate Resources Act, written notice concerning this application was delivered to landowners within 120 metres of the proposed licenced boundary; an information sign giving notice to the public of this application was erected on the subject property; and a Notice of Application appeared in the local paper, the Ingersoll Times, on March 8, 2017. A public information session will be held on April 7, 2017 between 10:00am and 12:00pm at the Salford Community Centre, 383908 Salford Road.
The application for this proposal is being circulated within the MNRF Aylmer district office. Additionally, notification of this application has been forwarded to the Township of South-West Oxford, Oxford County, the Upper Thames River Conservation Authority, the Ministry of the Environment and Climate Change, and the Ministry of Agriculture, Food, and Rural Affairs for comment.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Comment
Commenting is now closed.
This consultation was open from March 8, 2017
to April 22, 2017
Connect with us
Contact
James Bakker
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
0By email
3By mail
4