Ontario's aggregate rules put village between gravel pit and a hard place

Even when it's half buried beneath a layer of ice-encrusted snow and blasted by a sharp winter wind, the tiny village of Harrington, Ont., exudes a unique charm, one its residents say is now under threat. 

Located at the intersection of two country roads in Oxford County, about 20 kilometres east of St. Marys, Harrington is a cluster of about 60 residences, many of them preserved 19th-century farmhouses. The village's restored grist mill dates from 1846, and volunteers in the village pitched in to help convert a vacant church into a tiny library. 

"I think it's one of the most beautiful communities in Ontario," said Harrigton resident Harry Jongerden. "Many of the homes have artesian wells here. The water comes out of the ground under its own pressure and right into the homes."

Jongerden and a group of Harrington residents are concerned all that country charm and clean water is now under threat. Their worries are centred around an application filed last fall with the province to extract gravel from a hilly piece of farmland that rises above the village right across the street from Harrington's restored stone schoolhouse.

The application filed with the province by Wilhelm Excavating of nearby Stratford would bring up to 20 trucks an hour to remove 500,000 tonnes of gravel a year.

Process favours industry, residents say

Jongerden and a group of 50 Harrington residents opposing the aggregate extraction licence application worry about the traffic, noise and dust the site will generate. Much of their concern lies with how the province approves and grants aggregate removal licences and oversees gravel operations once the extraction starts. 

Jongerden said residents weren't notified about the application and only found out because Zorra Township, the lower-level municipality that includes Harrington, posted about it on the township website. Jongerden said a notification sign posted on the property at 316829 31st Line was in print too small to see from the road. 

"The process really is skewed in favour of the gravel industry," said Jongerden. "And really skewed against citizens' groups like ours." 

The process requires the applicant to hold a public meeting, which happened in October. However, instead of being held at the village's community centre, it happened in Embro, about 15 kilometres away. The applicant presented maps to the 40 residents who showed up but didn't provide a full presentation. Jongerden said they had to press the experts the company brought to the meeting for details.

Gravel flagged in auditor general report

Ontario's oversight of aggregate extraction drew heavy criticism in a 2023 auditor general's report. The report pointed to widespread problems in how Ontario regulates the aggregate industry. 

Among the problems flagged in the report is a lack of inspectors to ensure the gravel extraction follows provincial rules. Of the less than five per cent of sites that were inspected in most regions, the report found only about half were rated as satisfactory. In cases where violations were found, charges were rarely laid. Another problem: Once the licence is granted, it can remain an active extraction site for decades, regardless of whether extraction is actually happening or not. Also, the sites aren't always properly rehabilitated after the gravel is removed, which is a requirement of the licence for what is supposed to be a temporary use of the land. 

Zorra Township Mayor Marcus Ryan is more than familiar with the challenges that can come with gravel extraction. Ten years ago, Zorra became a founding member of TAPMO (Top Aggregate Producing Municipalities of Ontario). The group was formed in part to push the province to improve its oversight and approval process of what has become a massive industry in an area rich with gravel deposits. 

Ryan lives near Harrington, and while he's not opposed to gravel extraction, he said it can sometimes become too concentrated in one area, which the licence-by-licence approval process doesn't take into account. 

"There needs to be better consideration by the ministry of the cumulative effect of these gravel pits," he said. Ryan points out there are more than 10 active gravel extraction licences on properties within a few minutes drive of Harrington. 

Ryan also said the aggregate industry doesn't generate enough property tax income for the municipality to offset the impact all those heavy trucks have on roads, bridges and other infrastructure. 

The Harrington site will require a zoning change for gravel extraction, which has yet to come before Zorra town council. Ryan said the municipality would review that application when it comes, but also said any reason for objecting has to comply with provincial planning rules. 

"It has to be a defendable decision to turn it down," he said. 

Company owner said site will be rehabilitated

Michael Wilhelm, owner of the company that applied for the Harrington licence, said he didn't want to respond to residents' concerns in an interview. He told CBC News the application and the site are being managed by professional engineers who will follow the province's rules. 

"The town of Harrington is surrounded with aggregate pits already," he said. "But I don't really want to get into discussing anything." 

Wilhelm said his company is in the process of replying in writing to the concerns raised by the residents.

He said the property would be "100 per cent rehabilitated back into farmland" once the extraction is complete, though he didn't give a timeline. 

Wilhelm said that of the two other active aggregate extraction licences the company has, one has been rehabilitated, and the other will start rehabilitation soon.

Wilhelm said the demand for aggregate remains high to support road and building construction in a fast-moving province.  

Jongerden hopes the oversight of the aggregate industry will be raised in the provincial election, saying it's a huge issue in rural areas where support for Doug Ford's PC party is typically the strongest. 

"The Ford government's gravel policy has a terrible effect on rural life," he said. 

CBC News reached out to PC Oxford candidate Ernie Hardeman for comment but did not receive a response. 

Liberal Oxford candidate Bernia Martin said she's worried about losing a piece of agricultural land to industrial use.. 

"The removal of agricultural land from active production will one day put Ontario into a food insecure situation and I cannot support a project that impacts the future of our food supply," she said in an email to CBC News.

NDP candidate Khadijah Haliru said the rules need a review to take into account the concerns of residents.

"When it comes to proximity to housing, then it is worth looking at to allow people to have more say," she said. "Municipalities should have the power to advise provincial governments.