Lawyers for a southern Ontario aggregates company, the Ontario Ministry of Natural Resources and Forestry, the Township of the North Shore and an environmental group gathered online on Wednesday.
They went virtual to argue an appeal of a township zoning bylaw that allows for a gravel pit to be set up on sensitive public land.
The lawyer for the proponent, Darien Aggregates Ltd., made a motion that the Ontario Land Tribunal denies an appeal of the township council's zoning bylaw facilitating the gravel pit, arguing the appeal is 'moot'.
At issue is whether to allow an appeal of the bylaw that grants permission for Darien to dig and operate a gravel pit on crown land near Spragge.
Lawyer David Germain of the Toronto law firm, Thomson Rogers, tabled his moot motion and argued his case in favour of Darien.
He claimed an appeal to the Ontario Land Tribunal by the environmental group North Shore Environmental Resources Advocates Inc. was "moot". In other words, it doesn't apply.
Germain based his argument on a provision of the Ontario Aggregate Resources Act that states only the Minister of Natural Resources can rule on requests for licensing a gravel pit on crown land, not a municipality.
Based on that, Germain reasoned the appeal of the Council of the Township of North Shore's decision to grant a zoning permit was moot.
Darien's lawyer said the responsibility lies with Minister of Natural Resources, Greg Rickford. He argued the township bylaw does not apply.
Germain said a future site plan, not the bylaw, would be the proper tool to regulate the quarry operation. However, as it stands, there is no site plan.
He further argued the township has the power to prohibit or allow a gravel pit, not to regulate land use, since the municipality relies on the Ontario Planning Act for its authority.
Matthew Shoemaker of Wishart Law of Sault Ste. Marie spoke on behalf of the township. He also said the North Shore Environmental Resources Advocates appeal should be ruled moot.
Representing environmental resources advocates, lawyer David Donnelly of Toronto, Ont., asked two questions, was the appeal moot? And does the act allow municipalities the authority to regulate quarry operations?
He noted the law allows no objections to a permit application, and the public has no part in the hearing process.
Donnelly added, "You're being asked to make a decision on the mootness of a document that is not before you."
He said such a document may never exist. Summing up, "My client is looking for its day in court."
"There is no way you can rule on whether the appeal is moot," Donnelly told the tribunal adjudicator. "The appeal cannot be moot because the permit is not before you. What will the permit say?"
The lawyer for the ministry, Zachary Onofrio, said it also supports Darien's position that township zoning approval does not regulate or legitimize the operation of a gravel pit on crown land.
After more than four hours of submissions and arguments in the lengthy virtual proceeding, the tribunal member who adjudicated the hearing, Jatinder Bhullar, adjourned it.
He announced he will consider all input, then return a verdict.
His ruling will be critical for Darien Aggregates, Township of the North Shore, township ratepayers and the environmental resources advocates. It will likely set a precedent in future cases.
Much has been made by environmental groups such as North Shore Environmental Resource Advocates and other local residents about the land allotted for the gravel pit being a prime environmental site, also an important habitat for the federally endangered Blanding's turtle.
David Donnelly told the group he expects a ruling on the appeal in the next two to three months.