Caledon, ON (March 17, 2025)

On March 14, 2025, the Forks of the Credit Preservation Group (FCPG) achieved a major victory as the provincially appointed Ontario Land Tribunal (OLT) dismissed major aggregate producer CBM's Appeal and upheld the town of Caledon’s Aggregates Reform Interim Control By-law (ICBL).

CBM Aggregates appealed Caledon’s ICBL to the Tribunal, claiming it was limiting “the economic well-being of the province and GTA, because, as the Appellant’s [CBM] planner testified, aggregate reserves that are “close to market” are critically low.”

FCPG intervenors in the Appeal presented compelling evidence that the industry's claims of an aggregate supply shortage are false, which the Tribunal acknowledged. The hearing revealed that Ontario has licensed more than 13 times the amount of aggregates needed to meet the construction industry's average consumption of 165 million tonnes per year.

After having listened to all the evidence, the OLT held:

“The Tribunal was persuaded by (FCPG’s) submissions and evidence, including data provided, that there appears to be an ample supply of aggregate resources, with at least 13.44 million tonnes available annually, contradicting the Appellant’s [CBM] concerns about economic harm and aggregate shortages.”

Equally important, the Tribunal heard compelling submissions from residents urging the protection of Caledon from future quarries before it is too late. As the OLT decision stated, FCPG produced evidence that raised concerns about Caledon’s policies being the “weakest in Ontario, highlighting the need for reform”:

“The Tribunal was also persuaded by (FCPG’s) Counsel’s [David Donnelly] submissions that the ICBL supports the Town’s goal, as outlined in the Town’s OP, to preserve its unique character while managing aggregate resources responsibly.”

“The Forks of the Credit Preservation Group membership congratulates Mayor Groves and Council for championing improved aggregate management policies and successfully opposing CBM’s appeal. The OLT's clear decision shows that CBM's appeal of the ICBL was without merit, wasting taxpayer dollars that could have been better spent,” said David Sylvester, FCPG President.

“With this loss at the OLT, CBM has ‘blasted a huge hole’ in the industry’s strategy to intimidate local government and its demand for endless approvals of new aggregate licences,” said David Donnelly, counsel to FCPG who argued their case. “A lightbulb will go off in the office of every Mayor and Councillor in rural Ontario who is dealing with the messy dust, traffic, noise, and pollution that the over-abundance of pits and quarries creates,” Donnelly added. “This OLT decision is a major step in reforming the gravel mining industry and forcing the provincial government to finally regulate aggregates as it does other natural resources like forestry, and oil and gas”.

The Ontario government must heed the Reform Gravel Mining Coalition's call for a moratorium (temporary pause) on new gravel mining applications to assess the aggregate needs for the future and restore balance to regulations and environmental protections.

Winning the ICBL appeal was vital for maintaining Caledon’s precedent setting aggregate policy reforms, including updating air quality thresholds to align with the WHO’s 2021 guidelines for particulate matter (PM2.5), a known carcinogen from aggregate dust. Many residents and health organizations have long questioned why Canada hasn't updated its outdated air quality standards, which are significantly higher.

You can read the full decision here.