Ontario Construction News staff writer
The Ontario Land Tribunal has approved Nelson Aggregate’s proposed expansion of its Burlington Quarry at Mount Nemo, clearing the way for the company to pursue the required aggregate licence, subject to conditions and revisions to its site plans and adaptive management plan.
The OLT issued its decision Aug. 18 following an extensive hearing into the proposed expansion, which would add about 50.5 hectares to the existing quarry operation. The expansion lands are west of the existing quarry, including the former Burlington Springs Golf Club property, and south onto lands with agricultural and residential uses.
The tribunal found the proposal is consistent with provincial planning policy, represents good planning and is in the public interest. It also found that the project’s proposed monitoring and mitigation measures adequately address concerns related to groundwater and surface water, natural heritage, fugitive dust, blasting and fly-rock.
Nelson has estimated the expansion lands contain approximately 29 million tonnes of limestone aggregate. The Ontario Environmental Registry previously described the proposal as a below-water aggregate extraction operation covering about 50.2 hectares of a larger 78.3-hectare area proposed for mineral resource extraction.
“This is not the outcome we wanted for Burlington or for Mount Nemo, our world biosphere reserve. I want to thank our residents and community advocates who have worked tirelessly alongside our staff and Council for years to protect this important part of rural Burlington. Their commitment has been extraordinary,” said Mayor Marianne Meed Ward. “City staff are reviewing this decision and will advise Council what options are available to us. Our commitment to protecting Mount Nemo and our community remains.”
The existing Burlington Quarry includes extraction operations as well as aggregate processing and maintenance facilities, an asphalt plant and recycling operations. Material extracted from the expansion lands would be processed using the existing facilities.
The tribunal’s decision allows the project to move toward the aggregate licensing stage, but the quarry cannot immediately begin extraction in the expansion areas. Nelson must first complete revisions required under the tribunal’s interim order, while additional monitoring, agency review and environmental approval requirements will apply before extraction begins in the south and west extensions.
The Ministry of Natural Resources and the Ministry of the Environment, Conservation and Parks had no outstanding requirements identified in the proceeding, according to Nelson. Conservation Halton resolved its concerns and withdrew from the hearing, while the Niagara Escarpment Commission entered into settlement terms supporting the required Niagara Escarpment approvals.
Nelson Aggregate president Quinn Moyer said the decision will allow the company to continue supplying aggregate to the western Greater Toronto and Hamilton Area while providing long-term environmental and community benefits.
The company has proposed that the Burlington Quarry and expansion lands ultimately be conveyed to Conservation Halton following extraction and rehabilitation. Nelson says the plan would create nearly 1,000 acres of publicly accessible parkland and open space.
The decision follows years of opposition from the City of Burlington, residents and environmental groups.
Burlington opposed the expansion because of potential impacts on groundwater, wildlife, the natural environment, the rural community and nearby residents.
“This is not the outcome we wanted for Burlington or for Mount Nemo, our world biosphere reserve,” Mayor Marianne Meed Ward said following the decision. “City staff are reviewing this decision and will advise Council what options are available to us.”
The city said it is reviewing the decision with legal counsel and technical staff, including its conditions, staging requirements, monitoring obligations, further approval requirements and any legal or procedural options.
Burlington City Council unanimously asked the provincial government in 2024 to deny the quarry expansion and establish longer-term protection for the Mount Nemo Plateau through changes to its Niagara Escarpment designations.
The OLT hearing on the current proposal involved extensive technical evidence and expert testimony. Community groups CORE and Protecting Escarpment Rural Land said the five-month hearing included evidence from 35 experts and residents. They continue to oppose the expansion and have criticized the tribunal’s findings concerning the project’s environmental and community impacts.
The Burlington Quarry has operated for decades and supplies limestone aggregate used in construction applications, including road construction, asphalt and concrete production.
With the OLT approval now in place, the next stage will focus on the required site-plan revisions, licensing and environmental and monitoring requirements before extraction can begin in the expansion areas.
