Nonetheless, the court ruled that the ministry failed to provide any evidence that it had "metrics by which it could determine completeness" of Milne's application. The official advised the company that it might want to address these issues prior to the start of the notification and consultation period required under the Aggregate Resources Act. MNRF submitted that its decision-making was reasonable because the policies in question do not apply to the initial stage of the application process for a gravel pit.Ī senior ministry official had sent a letter to Milne confirming that its application was deemed "complete," but also cautioning that the ministry still had "a number of significant comments regarding this application.that may fundamentally change what is proposed." "The ministry provided no evidence to this court as to why an out-of-date checklist coupled with other, unspecified information was sufficient" for its analysis as to whether the application should be considered completed, the judges said in their decision. However a cultural checklist submitted with the application was an older version, and MTCS stated that the use of an up-to-date checklist might yield different results. The company did provide an email from the Ministry of Tourism, Culture and Sport that said – based on information provided by Milne – the likelihood of meaningful archaeological impact was low. The judges also determined that MNRF accepted Milne's application without the correct Cultural Heritage Report, which deals with the potential for archaeological resources on a site. The court found that the ministry had failed to provide a reasoned explanation for its departure from a mandatory policy. Milne's application stated "A biologist has not completed a site visit, but has prepared this desktop study to investigate the surface features, drainage patterns and natural environment." It also prescribes a site visit by a biologist. Lempiala appealed the MNRF's decision to Divisional Court, the branch of Superior Court that reviews government action in Ontario.Īmong numerous other measures, ministry policy for new gravel pits requires a Natural Environment Report to outline the presence of significant wetlands, endangered or threatened species habitat, significant wildlife habitat or fish habitat within 120 metres of the site. In May 2018, MNRF deemed that Milne's application was complete, meaning that the company now had the exclusive opportunity to secure a permit. Milne and Lempiala Sand and Gravel each applied to the ministry in 2018 to extract aggregate from Crown land in an area known as Fowler Pit, near Hawkeye Lake.Īlthough Lempiala – owned by Bruno's Contracting – initially inquired about a permit in 2017, Milne submitted its paperwork first. The judges also determined that MNRF failed to rationalize its decision. Three judges of the Superior Court of Justice say the Ministry of Natural Resources and Forestry didn't follow its own policies in its handling of an application by Milne Aggregates. More wonderful scenery is waiting for you to find.THUNDER BAY - A court decision has stalled the processing of an application for a new gravel pit that two Thunder Bay companies both wanted to develop. Thanks to the Art Project, you can visit The Palace of Versailles, stroll around the White House and enjoy the National Museum of Tokyo. You are welcome to visit the world's famous scenic spots. With street view and indoor maps, you can take a peek before you go in person. See 'Perspective' the internal environment of the stores With more data and better control, you can optimize resources and routes, decreasing idle time for your drivers, improving wait times for your customers, and creating efficiencies for your business. When drivers are able to stay in your app as they navigate to a destination, you can send them alerts and notifications, add trips on the fly, and get a better overall look at their navigation behavior. Improve your operations by interacting with drivers in real time Google Maps will dynamically plan new routes based on the latest traffic conditions to help you avoid congested roads. Watch the Milky Way, stop on Mars, and take in the moon's surface.
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