By Chloe Teixeira, Local Journalism Initiative Reporter
The City of Burlington announced it will be taking further legal action over the Nelson Aggregate Co. quarry expansion at Mount Nemo.
As previously covered by Local-news.ca, the Ontario Land Tribunal (OLT), a government body responsible for hearing and adjudicating matters related to land use planning and the environment, approved a proposed expansion of the existing quarry on August 18.
The approval will allow Nelson Aggregate Co. to expand its quarry south and west of its current operation.
The city states that while the “applicable legislation” does not “provide a right of appeal,” parties can request a review of the decision by the OLT Chair. Parties can also apply for judicial review by Divisional Court, a branch of the Superior Court of Justice that hears statutory appeals from administrative tribunals in Ontario.
The city announced Sept. 15 that it intended to request a review of the OLT decision and apply for judicial review through Divisional Court before the Sept. 17 filing deadline.
After reviewing the OLT decision, Burlington’s legal counsel “identified issues with the [approval] that warrant further consideration.”
The city will not comment on the “specific legal grounds or arguments that form the basis of the proceedings,” as they will be presented to the Tribunal and the court.
The city’s Commissioner of Legal and Legislative Services/City Solicitor has “exercised delegated authority” to commence the proceedings, in consultation with city staff and external legal counsel.
According to the city, “This allows the city to meet the required filing deadline and protect its legal interests.”
Local-news.ca reached out to the City of Burlington on Sept. 16 for additional information about the legal action. The communications team was unable to provide information beyond what was included in the Sept. 15 news release.
The city states it has “consistently raised concerns about the proposed quarry expansion.”
In addition to the City of Burlington taking legal action, Halton Region also announced it would pursue the same two avenues, requesting a review of the OLT decision and applying for judicial review through Divisional Court. Halton Region has said it “will primarily support the City of Burlington in these proceedings.”
Like the City of Burlington, Halton Region “believes there are reasonable grounds to seek further consideration of the decision.”
The Region “remains concerned about the expansion’s potential impacts on water resources and the environment.”
The Burlington quarry has operated at Mount Nemo since 1953. Nelson Aggregate Co. purchased the quarry in 1983.
According to Halton Region, Nelson Aggregate Co. filed an earlier expansion application in 2004, which was revised in 2006 and 2008. That proposal sought to expand the quarry to the south and was denied by the Joint Board in 2012. The current expansion application was filed in 2020.
The City of Burlington, advocacy groups like Conserving Our Rural Ecosystems and Protecting Escarpment Rural Land (CORE/PERL), and residents have expressed opposition to the expansion for years.
Key concerns expressed by these groups have been threats to drinking water and wildlife, quarry blasting, flyrock, and the rural community’s quality of life.
Flyrock, or debris ejected by quarry blasting, has been among the concerns expressed by residents and advocacy groups, including flyrock researcher Tony Sevelka, who Local-news.ca spoke with in previous coverage.
CORE/PERL’s website includes drone footage of a June 2, 2022, quarry blast at the Nelson Aggregate site.
The environmental advocacy group has also voiced concerns about threats to the endangered Jefferson salamanders, which in Canada are only found in southern Ontario.
The 2026 OLT decision states that the Ministry of the Environment, Conservation and Parks identified confirmed Jefferson salamander breeding ponds near the expansion lands, as well as wetlands containing potential breeding ponds, including one south of the South Quarry Extension extraction area.
Following the City of Burlington’s announcement of taking further legal action, CORE/PERL expressed appreciation toward the city and Halton Region “for their continued commitment to Mount Nemo and the north Burlington community,” as stated on their website.
Although the city will not currently comment on the specific reasons for the proceedings, it “will provide further updates as the legal processes proceed and when information can appropriately be shared publicly.”
