Opponents of reopening Chatham-Kent dump angry over passage of Bill 5

CBC

3 days ago

Opponents of reopening a long-dormant dump in southwestern Ontario say they're disappointed with the passage of an Ontario bill that could clear the way for the project. But they say they are "fighting to the bitter end."
The chair of the board of Dresden C.A.R.E.D. said the organization will be partnering with First Nations to push back against the proposal despite the passage of Bill 5.
The bill, which passed on Wednesday and received royal ascent on Thursday, allows for the creation of so-called special economic zones in which "trusted proponents" could conduct business while being exempt from provincial or municipal laws and regulations — including requirements for permits and environmental assessments.
The bill specifically exempts "specified activities relating to the Chatham-Kent waste disposal site" from Part II.3 of the Environmental Assessment Act, which requires applications for projects under the section to be accompanied by environmental assessments.
"Yesterday I witnessed the premier become more powerful than the King of England, the guy who's on our money," said Stefan Premdas of Dresden C.A.R.E.D.
"And not only did he become more powerful than the King of England, he took Russia's playbook to hand off Ontario's assets to his oligarch friends. This is just not something that is Canadian. It's not something that's democratic."
Proposal to expand to 25 hectares
The proponent of the proposed development, York1, has submitted two applications to the Ministry of the Environment, Conservation and Parks related to the project, which is located just over a kilometre from the edge of Dresden.
It proposes expanding the site to cover 25 hectares and receive 6,000 tonnes of construction and demolition waste each day.
York1 told CBC in a statement it plans to use the site to turn clean wood into mulch, compost, and raw materials for particleboard and paper manufacturing; to turn mixed wood waste into alternative low-carbon fuels; and to prepare rock and rubble for use in cement and concrete production, aggregate replacement in construction, base for sports fields or running tracks and decorative use in landscaping.
Premier Doug Ford says his government is committed to the project because of an over-reliance on U.S. landfills at a time of deteriorating Canada-U.S. relations.
York1 told CBC in a statement the company welcomes the passage of Bill 5 and looks forward to "moving forward with our plan to build a state-of-the-art regenerative recycling facility for construction and demolition waste in southwestern Ontario."
But the proposal has faced significant community opposition from local residents and environmental groups concerned about the impact on nearby bodies of water and species at risk, and on the ability of local infrastructure to handle the increased traffic.
The environment minister announced in March of 2024 that it would undergo a comprehensive environmental assessment.
But the passage of Bill 5 has called into question just how much scrutiny the project will receive.
The law firm Olthuis Kleer Townshend has also published an analysis on its website warning it could lead to minimal consultation with First Nations.
And the chief of Walpole Island First Nation, located downstream from the landfill along the Sydenham River, called the bill "devastating" prior to its passage.
Chatham-Kent Ward 4 Coun. Rhonda Jubenville said she shares residents' concerns and described her reaction to the bill's passage as "a lot of emotions."
"I'm saddened. I'm angry. I'm hurt. I'm disappointed," she said.
"Prior to Bill 5, there was going to be an environmental assessment taking place, so that would give everyone some peace to know that all of the protocols would be followed. … But now that's not going to happen. … So now we don't know what will be the long-term effects or the repercussions of this landfill happening."
CBC asked York1 what mechanisms will be in place to protect the environment from contamination by harmful materials such as asbestos.
Spokesperson Laryssa Waler replied, "We look forward to engagement with many stakeholders, municipal leaders and First Nations as we go forward. All activities on the site will be under strict environmental oversight, meeting the MECP requirements."
Jubenville said it's too early to comment on the municipality's next steps, but she said councillors will meet soon to discuss them.
In a statement Thursday afternoon, the Municipality of Chatham-Kent said it would discuss the issue and ways to continue opposing the landfill at its upcoming council meeting on Monday.