Aggregate Resources Act

1 (1) In this Act, “abandoned pits and quarries” means pits and quarries for which a licence or permit was never in force at any time after December 31, 1989; (“puits d’extraction et carrières abandonnés”) “aggregate” means gravel, sand, clay, earth, shale, stone, limestone, dolostone, sandstone, marble, granite or other material; (“agrégats”) “earth” does not include topsoil and peat; (“terre”) “environment” means the air, land and water, or any combination or part thereof of the Province of Ontario; (“environnement”) “established pit or quarry” means, (a) a pit or quarry from which a substantial amount of aggregate has been removed within the two-year period before the part of Ontario in which the pit or quarry is located was designated under subsection 5 (2), or (b) land that was leased under the Mining Act throughout the two-year period before the part of Ontario in which the land is…

PART I GENERAL

2 The purposes of this Act are, (a) to provide for the management of the aggregate resources of Ontario; (b) to control and regulate aggregate operations on Crown and private lands; (c) to require the rehabilitation of land from which aggregate has been excavated; and (d) to minimize adverse impact on the environment in respect of aggregate operations. R.S.O. 1990, c. A.8, s. 2.

3 (1) The Minister is responsible for the administration of this Act and the regulations. R.S.O. 1990, c. A.8, s. 3 (1). Idem (2) In administering this Act, the Minister may, (a) initiate research related to technical matters pertaining to, (i) the aggregate industry, including the transportation of aggregate and the rehabilitation of pits and quarries, (ii) underground mining of aggregate, and (iii) aggregate excavation from beneath water; (b) initiate studies of geological deposits that may yield aggregate of commercial qualities and quantities; (c) estimate from time to time the demand that will be made for aggregate and establish policies for the supply thereof; (d) collect, analyze and publish statistics related to the aggregate industry; (e) initiate studies related to the uses of aggregate and the economics and operations of the aggregate industry; (f) advise ministries and munici…

3.1 For greater certainty, the Minister will consider whether adequate consultation with Aboriginal communities has been carried out before exercising any power under this Act relating to licences or permits that has the potential to adversely affect established or credibly asserted Aboriginal or treaty rights. 2017, c. 6, Sched. 1, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 2 - 10/05/2017

4 (1) The Minister may designate in writing any person as an inspector for the purposes of this Act. 1996, c. 30, s. 2. Powers of inspectors (2) An inspector, for the purpose of carrying out assigned duties, (a) may enter, at any reasonable time, any land, vessel or business premises that is or appears to be used or has or appears to have been used in respect of a pit or quarry or any activity or use related to aggregate or rehabilitation; (b) may require the production of a licence, a permit, any record or document respecting aggregate or rehabilitation, a report or a survey and may inspect and make copies thereof; (c) may, upon giving a receipt therefor, remove any licence, permit, record or document produced under clause (b) and make copies thereof; and (d) may, alone or in conjunction with other persons possessing special or expert knowledge, make examinations, tests or inquiries and…

4.1 (1) No action or other proceeding for damages shall be instituted against the Minister, an inspector or public servant for any act done in good faith in the execution or intended execution of any duty or power under this Act, for an order made under this Act or for any alleged neglect or default in the execution in good faith of that duty or power. 2017, c. 6, Sched. 1, s. 4. Crown not relieved of liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person referred to in subsection (1) to which it would otherwise be subject. 2017, c. 6, Sched. 1, s. 4; 2019, c. 7, Sched. 17, s. 35. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 4 - 10/05/2017 2019, c. 7, Sched. 17, s. 35 - 01/07/2019

5 (1) This Act and the regulations apply to, (a) all aggregate and topsoil that is the property of the Crown or that is on land the surface rights of which are the property of the Crown; (b) Repealed: 1996, c. 30, s. 3 (1). (c) private land in parts of Ontario that are designated under subsection (2); and (d) all land under water. R.S.O. 1990, c. A.8, s. 5 (1); 1996, c. 30, s. 3 (1). Designation of parts by regulation (2) The Lieutenant Governor in Council may make regulations designating parts of Ontario for the purpose of clause (1) (c). R.S.O. 1990, c. A.8, s. 5 (2). Substitution of licence for permit (3) If the Lieutenant Governor in Council designates a part of Ontario under subsection (2) and an aggregate permit has been issued under clause 34 (1) (a) or (c) to operate a pit or quarry in that part of Ontario, the Minister may, at any time after the designation and subject to subsec…

6 This Act binds the Crown except where it specifically states otherwise. R.S.O. 1990, c. A.8, s. 6.

6.1 (1) The Minister shall establish in writing a trust to be known in English as the Aggregate Resources Trust and in French as Fonds des ressources en agrégats. 1996, c. 30, s. 4. Terms of Trust (2) The Trust shall provide for the following matters, on such terms and conditions as may be specified by the Minister: 1. The rehabilitation of land for which a licence or permit has been revoked and for which final rehabilitation has not been completed. 2. The rehabilitation of abandoned pits and quarries, including surveys and studies respecting their location and condition. 3. Research on aggregate resource management, including rehabilitation. 4. Payments to the Crown in right of Ontario and to municipalities in accordance with the regulations. 5. Such other matters as may be specified by the Minister. 1996, c. 30, s. 4; 2002, c. 17, Sched. F, Table. Trustee (3) The Minister shall appoint…

PART II LICENCES

7 (1) No person shall, in a part of Ontario designated under section 5, operate a pit or quarry on land that is not land under water and the surface rights of which are not the property of the Crown except under the authority of and in accordance with a licence. R.S.O. 1990, c. A.8, s. 7 (1). Exception, regulations (1.1) Despite subsection (1), a person who meets the qualifications that may be prescribed may operate a pit or quarry that meets the prescribed criteria on land described in subsection (1) without a licence if the person does so in accordance with such terms or conditions that may be prescribed. 2017, c. 6, Sched. 1, s. 7 (1). Application for licence (2) Any person may apply to the Minister, (a) for a Class A licence to remove more than 20,000 tonnes of aggregate annually from the site of a pit or quarry; or (b) for a Class B licence to remove 20,000 tonnes or less of aggrega…

8 Unless otherwise provided for by regulation, every application for a licence shall include a site plan prepared in accordance with the regulations. 2017, c. 6, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 6 (1, 2) - 27/06/1997 2017, c. 6, Sched. 1, s. 8 - 01/04/2021

9 Repealed: 2017, c. 6, Sched. 1, s. 9. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 7 - 27/06/1997 2017, c. 6, Sched. 1, s. 9 - 01/04/2021

10 Repealed: 2017, c. 6, Sched. 1, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 6, Sched. 1, s. 9 - 01/04/2021

11 (1) If an application for a licence complies with this Act and the regulations, the Minister shall require the applicant to comply with the prescribed notification and consultation procedures, subject to any requirement to the contrary that may be specified in a custom plan approved under subsection (4.2). 1996, c. 30, s. 8; 2017, c. 6, Sched. 1, s. 10 (1). Public record (2) The name and address of individuals who participate in the prescribed notification and consultation procedures form part of a public record and may be made available to the public unless the individual requests that his or her name and address remain confidential. 2017, c. 6, Sched. 1, s. 10 (2). Custom plan (3) If an application for a licence relates to a proposed pit or quarry that meets the prescribed criteria, the Minister shall require the applicant to prepare a custom plan that meets the requirements set out…

12 (1) In considering whether a licence should be issued or refused, the Minister or the Tribunal, as the case may be, shall have regard to, (a) the effect of the operation of the pit or quarry on the environment; (b) the effect of the operation of the pit or quarry on nearby communities; (c) any comments provided by a municipality in which the site is located; (d) the suitability of the progressive rehabilitation and final rehabilitation plans for the site; (e) any possible effects on ground and surface water resources including on drinking water sources; (f) any possible effects of the operation of the pit or quarry on agricultural resources; (g) any planning and land use considerations; (h) the main haulage routes and proposed truck traffic to and from the site; (i) the quality and quantity of the aggregate on the site; (j) the applicant’s history of compliance with this Act and the r…

12.1 (1) No licence shall be issued for a pit or quarry if a zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries. 1999, c. 12, Sched. N, s. 1 (1). Exception (1.1) If a zoning by-law prohibits a site in a part of Ontario designated under subsection 5 (2) from being used for the making, establishment or operation of pits and quarries, any restriction contained in the zoning by-law with respect to the depth of extraction at the site is inoperative. 2019, c. 14, Sched. 15, s. 3. Doubt as to zoning (2) If the Minister is in doubt as to whether a zoning by-law prohibits the site from being used for the making, establishment or operation of pits and quarries, he or she may serve on the applicant a notice to that effect. 1999, c. 12, Sched. N, s. 1 (1). Application to court (3) An applicant who is served with a notice is entitled, with…

12.2 Upon issuing a licence, the Minister may attach such conditions to the licence as he or she considers necessary. 2019, c. 14, Sched. 15, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 10 - 27/06/1997 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 6, Sched. 1, s. 12 - no effect - see 2019, c. 14, Sched. 15, s. 64 - 10/12/2019 2019, c. 14, Sched. 15, s. 4 - 10/12/2019 Amendment to licence and site plans

13 (1) The Minister may at any time, (a) add a condition to a licence, rescind or vary a condition of a licence or amend a licence in any other way; or (b) require a licensee to amend the site plan or to submit a new site plan. 2019, c. 14, Sched. 15, s. 5 (2). Application by licensee (2) A licensee may apply to the Minister at any time, (a) to have a condition added to the licence, to have a condition of the licence rescinded or varied or to have the licence amended in any other way; or (b) to request the Minister’s written approval of an amendment to the site plan or of a new site plan. 2019, c. 14, Sched. 15, s. 5 (2). Same (3) A licensee shall prepare and submit an application under subsection (2) in accordance with the regulations and shall pay any prescribed application fee. 2019, c. 14, Sched. 15, s. 5 (2). No amendments to site plans without approval (3.1) A licensee shall not am…

13.1 (1) This section applies if a licence or site plan does not allow extraction below the water table in an area and the licensee wishes to amend the licence or the site plan to lower the depth of extraction from above the water table to below the water table in that area. 2019, c. 14, Sched. 15, s. 6 (1). Same (2) Subsections 13 (3), (3.1) and (3.3) apply in respect of the application. 2019, c. 14, Sched. 15, s. 6 (2). Public record (3) The name and address of any individual who participates in any prescribed notification and consultation procedures in respect of the application form part of a public record and may be made available to the public unless the individual requests that his or her name and address remain confidential. 2019, c. 14, Sched. 15, s. 6 (1). Referral to Tribunal (4) The Minister may refer the application and any objections arising out of the notification and cons…

13.2 (1) Subject to subsection (2), the boundaries of the area subject to a licence, as specified in a site plan for the licence, may not be expanded unless an application for a new licence is made under section 7 to operate the pit or quarry in the proposed expansion area. 2019, c. 14, Sched. 15, s. 7 (1). Amendment (2) A licensee may apply to the Minister for an amendment of the licence and an amendment to the site plan to expand the boundaries of the area subject to the licence if, (a) the proposed expansion area is wholly within a portion of a road allowance directly adjacent to the boundaries of the area subject to the licence; and (b) the prescribed conditions, if any, are satisfied. 2019, c. 14, Sched. 15, s. 7 (1). Same (3) Section 13 applies in respect of an application under subsection (2). 2019, c. 14, Sched. 15, s. 7. Meaning of road allowance (4) For greater certainty, a roa…

14 (1) Every licensee shall pay any prescribed annual licence fee within the time period that is determined in accordance with the regulations. 2017, c. 6, Sched. 1, s. 14. Payment of fee (2) All licence fees payable under this section shall be paid to the Trust or to such person or entity as may be prescribed, unless otherwise provided by regulation. 2017, c. 6, Sched. 1, s. 14. Disbursement of fees (3) The Trust or other prescribed entity or person to whom fees are paid under subsection (2) shall disburse all or part of the annual licence fees it receives to such other persons or entities as may be prescribed in accordance with the regulations. 2017, c. 6, Sched. 1, s. 14. Same (4) The amount of a disbursement made under subsection (3) shall be determined in accordance with the regulations. 2017, c. 6, Sched. 1, s. 14. Waiver of fee (5) The Minister may waive, by order, the requirement…

14.1 Every licensee shall make a return to the Trust or to such person or entity as may be prescribed, within the prescribed time, showing the quantity of material removed from the site. 2006, c. 19, Sched. P, s. 1 (1); 2017, c. 6, Sched. 1, s. 15. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. P, s. 1 (1) - 22/06/2006 2017, c. 6, Sched. 1, s. 15 - 10/05/2017

15 Every licensee shall operate the licensee’s pit or quarry in accordance with this Act, the regulations, the site plan and the conditions of the licence. R.S.O. 1990, c. A.8, s. 15.

15.1 (1) Every licensee shall submit an annual report to the Minister for the purpose of assessing the licensee’s compliance with this Act, the regulations, a site plan and the conditions of the licence. 2017, c. 6, Sched. 1, s. 16 (1). Same (2) A licensee shall prepare and submit an annual compliance report in accordance with the regulations. 2017, c. 6, Sched. 1, s. 16 (1). Retention of reports (3) During the term of the licence, the licensee shall retain a copy of every report submitted under this section. 1996, c. 30, s. 12. Examination (4) Any person may examine an annual compliance report during the Ministry’s normal office hours and, on payment of such fee as may be established by the Minister, the person is entitled to a copy of the report. 1996, c. 30, s. 12. Disclosure of contravention (5) If an annual compliance report discloses a contravention of this Act, the regulations, th…

16 Repealed: 2017, c. 6, Sched. 1, s. 17. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 13 - 27/06/1997 2002, c. 17, Sched. F, Table - 01/01/2003 2009, c. 33, Sched. 2, s. 3 - 15/12/2009 2017, c. 6, Sched. 1, s. 17 - 01/09/2020; 2017, c. 23, Sched. 5, s. 2, 5 - 03/04/2018

17 Repealed: 1996, c. 30, s. 14. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 14 - 27/06/1997

18 (1) On application, the Minister may transfer a licence. 1996, c. 30, s. 15. Application fee (2) An applicant for the transfer of a licence shall pay any prescribed application fee. 2017, c. 6, Sched. 1, s. 18 (1). Consent (3) If the applicant is the licensee or has the licensee’s consent to the transfer, the following rules apply: 1. The Minister may transfer the licence. 2. If the Minister proposes to refuse the transfer, he or she shall forthwith serve notice of the proposal on the applicant (and on the licensee, if they are different persons), with reasons. 1996, c. 30, s. 15. No consent (4) If the applicant does not have the licensee’s consent to the transfer, the following rules apply: 1. If the Minister proposes to transfer the licence, he or she shall forthwith serve notice of the proposal on the licensee, with reasons. 2. If the Minister proposes to refuse the transfer, he or…

19 (1) The Minister may accept the surrender of a licence on being satisfied that the licensee’s annual licence fees and rehabilitation security payments, and special payments if applicable, have been paid and that rehabilitation has been performed in accordance with this Act, the regulations, the site plan, if any, and the conditions of the licence. 1996, c. 30, s. 16. Fee (2) The licensee shall pay any fee that may be prescribed for requests made to the Minister for his or her acceptance of the surrender of a licence under subsection (1). 2017, c. 6, Sched. 1, s. 19. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 16 - 27/06/1997 2017, c. 6, Sched. 1, s. 19 - 10/05/2017

20 (1) The Minister may revoke a licence if, (a) any provision of this Act, the regulation or the site plan or a condition of the licence is contravened; (b) the licensee is insolvent; (c) the licensee is an individual who is deceased and the estate has been wound up and the executor of the estate discharged; or (d) the licensee is a corporation that has been wound up or dissolved. 2017, c. 6, Sched. 1, s. 20 (1). Advance notice (2) The Minister shall not revoke a licence unless, at least 90 days before the licence is revoked, the Minister serves on the licensee notice of the intention to revoke the licence. 1996, c. 30, s. 17. Notice to licensee (3) When the Minister revokes a licence, he or she shall forthwith serve notice of the revocation, including reasons, on the licensee. 1996, c. 30, s. 17. Entitlement to hearing (4) A licensee who is served with a notice under subsection (3) is …

21 Repealed: 1996, c. 30, s. 17. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 17 - 27/06/1997

22 (1) The Minister may suspend a licence for any period of time, for any contravention of this Act, the regulations, the site plan or the conditions of the licence, effective as soon as the notice mentioned in subsection (2) is served upon the licensee. R.S.O. 1990, c. A.8, s. 22 (1); 1996, c. 30, s. 18 (1, 2). Notice of suspension (2) Notice of suspension of a licence, including the reasons therefor, shall be served upon the licensee and, where applicable, upon the clerk of each municipality in which the site is located for their information. R.S.O. 1990, c. A.8, s. 22 (2); 2002, c. 17, Sched. F, Table. Further particulars of notice (3) The notice mentioned in subsection (2) shall inform the licensee of the period of the suspension, of the action the licensee must take or desist from taking before the suspension will be lifted, that the suspension will be lifted as soon as the licensee…

PART III WAYSIDE PERMITS

23 (1) Any public authority, or any person who has a contract with a public authority, that requires aggregate for a temporary project from a source in a part of Ontario designated under section 5 that is not under licence or permit may apply to the Minister for a wayside permit to operate a pit or quarry. R.S.O. 1990, c. A.8, s. 23 (1); 1996, c. 30, s. 19 (1). Licence not required (2) Subsection 7 (1) does not apply to a person who has a wayside permit. R.S.O. 1990, c. A.8, s. 23 (2). Limitation (3) An application under subsection (1) shall not be considered unless, in the Minister’s opinion, (a) the aggregate is required for a project of road construction or road maintenance; (b) Repealed: 2017, c. 6, Sched. 1, s. 21 (1). (c) adequate provision can be made as conditions of the permit to ensure a method of operation and rehabilitation so as to cause only a temporary inconvenience to the…

24 Repealed: 1996, c. 30, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 20 - 27/06/1997

25 Repealed: 2017, c. 6, Sched. 1, s. 22. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 21 - 27/06/1997 2017, c. 6, Sched. 1, s. 22 - 10/05/2017

26 The Minister in considering whether to issue or refuse a wayside permit shall have regard to, (a) any comments provided by the municipalities in which the site is located; (b) the effect of the operation of the pit or quarry on the environment and nearby communities; (c) the amount of aggregate estimated to be removed from the site; (d) the estimated cost of the aggregate for the project as compared with that from any alternative source of supply; (e) the proper management of the aggregate resources of the area; (f) any previous wayside permits for the site and adjacent lands; (g) the rehabilitation of the site and its compatibility with adjacent land; (h) any possible effects on ground and surface water resources including on drinking water sources; (i) any proposed aesthetic improvements to the landscape; (j) the main haulage routes and proposed truck traffic to and from the site; a…

27 (1) The Minister may in his or her discretion issue a wayside permit even if the location of the site contravenes a zoning by-law; in that case, the by-law does not apply to the site while the permit is in force. 1996, c. 30, s. 22. Limitation (2) No wayside permit shall be issued if the issuance will result in more than one wayside permit for one site at any time. R.S.O. 1990, c. A.8, s. 27 (2). Niagara Escarpment Planning Area (3) Despite subsection (1), no wayside permit shall be issued for a site in the Niagara Escarpment Planning Area, as defined in the Niagara Escarpment Planning and Development Act, unless the location of the site complies with a development permit issued under that Act. R.S.O. 1990, c. A.8, s. 27 (3). Exception (4) Despite subsection (1), no wayside permit shall be issued for a site zoned and developed for residential use or zoned as an area having particular …

28 Repealed: 2017, c. 6, Sched. 1, s. 24. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 23 - 27/06/1997 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 6, Sched. 1, s. 24 - 10/05/2017

29 Every wayside permittee shall operate the permittee’s pit or quarry in accordance with this Act, the regulations, the site plan and the conditions of the permit. R.S.O. 1990, c. A.8, s. 29.

30 Upon issuing a wayside permit, the Minister may attach such conditions to the permit as he or she considers necessary. 2017, c. 6, Sched. 1, s. 25. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 24 - 27/06/1997 2000, c. 26, Sched. L, s. 1 (2) - 06/12/2000 2002, c. 17, Sched. F, Table - 01/01/2003 2017, c. 6, Sched. 1, s. 25 - 01/09/2020 Amendments to permits and site plans

30.1 (1) The Minister may at any time, (a) add a condition to a wayside permit, rescind or vary a condition of a wayside permit or amend a wayside permit in any other way; or (b) require a permittee to amend the site plan or to submit a new site plan. 2017, c. 6, Sched. 1, s. 25. Application by permittee (2) The holder of a wayside permit may apply to the Minister at any time, (a) to have a condition added to the permit, to have a condition of the permit rescinded or varied or to have the permit amended in any other way; or (b) to request the Minister’s written approval of an amendment to the site plan or of a new site plan. 2017, c. 6, Sched. 1, s. 25. Same (3) The holder of a wayside permit shall prepare and submit an application under subsection (2) in accordance with the regulations and shall pay any prescribed application fee. 2017, c. 6, Sched. 1, s. 25. No amendments to site plans…

31 (1) A wayside permit expires on the completion of the project in respect of which it was issued or eighteen months after its date of issue, whichever occurs first. R.S.O. 1990, c. A.8, s. 31. Extension (2) The Minister may, before a wayside permit expires, extend the expiration date if the project has not been completed and requires more aggregate from the same site. 2000, c. 26, Sched. L, s. 1 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 1 (3) - 06/12/2000

31.1 (1) The holder of a wayside permit shall pay any prescribed permit fee within the time period that is determined in accordance with the regulations. 2017, c. 6, Sched. 1, s. 26. Payment of fee (2) A permit fee payable under this section shall be paid to the Trust or to such entity or person as may be prescribed. 2017, c. 6, Sched. 1, s. 26. Disbursement of fees (3) The Trust or other prescribed entity or person to whom the fees are paid under subsection (2) shall disburse all or part of the permit fees it receives under subsection (2) to such persons or entities as may be prescribed in accordance with the regulations. 2017, c. 6, Sched. 1, s. 26. Same (4) The amount of a disbursement made under subsection (3) shall be determined in accordance with the regulations. 2017, c. 6, Sched. 1, s. 26. Waiver of fee (5) The Minister may waive, by order, the requirement to pay all or part of a…

32 (1) The Minister may, at any time, suspend or revoke a wayside permit for any contravention of this Act, the regulations, the site plan or the conditions of the permit, effective as soon as the notice mentioned in subsection (2) is served upon the permittee. R.S.O. 1990, c. A.8, s. 32 (1); 1996, c. 30, s. 26 (1). Revocation for insolvency, etc. (1.1) The Minister may, at any time, revoke a wayside permit if, (a) the permittee is insolvent; (b) the permittee is an individual who is deceased and the estate has been wound up and the executor of the estate discharged; or (c) the permittee is a corporation that has been wound up or dissolved. 2017, c. 6, Sched. 1, s. 27. Notice to municipalities (2) Notice of suspension or revocation of a permit, including reasons therefor, shall be served upon the permittee and, where applicable, upon the clerk of each municipality in which the site is lo…

32.1 (1) The Minister may authorize any employee or class of employees of the Ministry of Transportation to exercise any power or perform any duty that is granted to or vested in the Minister under this Part. 1996, c. 30, s. 27. Limitations (2) The Minister may limit an authorization made under subsection (1) in such manner as he or she considers advisable. 1996, c. 30, s. 27. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 27 - 27/06/1997

PART IV (s. 33) Repealed: 1996, c. 30, s. 28. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 28 - 27/06/1997

PART V AGGREGATE PERMITS

34 (1) No person shall, except under the authority of and in accordance with an aggregate permit, operate a pit or quarry, (a) to excavate aggregate or topsoil that is on land the surface rights of which are the property of the Crown, even if the surface rights are leased to another person; (b) to excavate aggregate or topsoil that is the property of the Crown from land under water; (c) to excavate aggregate or topsoil that is the property of the Crown in a part of Ontario that is not designated under section 5; or (d) to excavate aggregate that is not the property of the Crown from land under water. R.S.O. 1990, c. A.8, s. 34 (1); 1996, c. 30, s. 29 (1). Exception, regulations (1.1) Despite subsection (1), a person may operate a pit or quarry to excavate aggregate or topsoil described in subsection (1) without an aggregate permit if, (a) the person has the prescribed qualifications; and…

35 (1) If an application for an aggregate permit complies with this Act and the regulations, the Minister shall require the applicant to comply with the prescribed notification and consultation procedures, subject to any requirement to the contrary that may be specified in a custom plan under section 35.1. 2017, c. 6, Sched. 1, s. 29. Public record (2) The name and address of individuals who participate in the prescribed notification and consultation procedures form part of a public record and may be made available to the public unless the individual requests that his or her name and address remain confidential. 2017, c. 6, Sched. 1, s. 29. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 30 - 27/06/1997 2017, c. 6, Sched. 1, s. 29 - 10/05/2017

35.1 (1) If an application for an aggregate permit relates to a proposed pit or quarry that meets the prescribed criteria, the Minister shall require the applicant to prepare and submit to the Minister a custom plan that meets the requirements set out in subsection (2) and the prescribed requirements and to submit the plan to the Minister. 2017, c. 6, Sched. 1, s. 29. Content (2) A custom plan shall set out, (a) consultation and notification procedures that the applicant will follow in addition to, or instead of, the procedures required by subsection 35 (1); and (b) a description of any surveys or studies relating to the proposed pit or quarry that the applicant will carry out and any documentation that the applicant will prepare. 2017, c. 6, Sched. 1, s. 29. Timing for preparation of plan (3) The applicant shall prepare the custom plan and submit it to the Minister and further considera…

36 Unless otherwise provided for by regulation, every application for an aggregate permit shall include a site plan prepared in accordance with the regulations. 2017, c. 6, Sched. 1, s. 30. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 31 - 27/06/1997 2017, c. 6, Sched. 1, s. 30 - 01/09/2020

36.1 No aggregate permit shall be issued for sand and gravel if the sand and gravel has been included in a placer mining claim under the Mining Act, unless the non-aggregate mineral has been removed from the placer deposit. 1996, c. 30, s. 32. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 32 - 27/06/1997

36.2 The boundaries of the area subject to a permit as specified in the site plan for the permit may not be expanded unless an application for a new permit is made under section 34 to operate the pit or quarry in the proposed expansion area. 2019, c. 14, Sched. 15, s. 12. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 12 - 10/12/2019

37 Upon issuing an aggregate permit, the Minister may attach such conditions to the permit as he or she considers necessary. 2019, c. 14, Sched. 15, s. 13. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 33 - 27/06/1997 2017, c. 6, Sched. 1, s. 31 - no effect - see 2019, c. 14, Sched. 15, s. 64 - 10/12/2019 2019, c. 14, Sched. 15, s. 13 - 01/09/2020

37.1 (1) Every holder of an aggregate permit shall pay any prescribed annual permit fee within the time period that is determined in accordance with the regulations. 2019, c. 14, Sched. 15, s. 14. Payment of fee (2) All permit fees payable under this section shall be paid to the Trust or to such entity or person as may be prescribed. 2019, c. 14, Sched. 15, s. 14. Disbursement of fees (3) The Trust or other prescribed entity or person to whom the fees are paid under subsection (2) shall disburse all or part of the annual permit fees it receives under subsection (2) to such persons or entities as may be prescribed in accordance with the regulations. 2019, c. 14, Sched. 15, s. 14. Same (4) The amount of a disbursement made under subsection (3) shall be determined in accordance with the regulations. 2019, c. 14, Sched. 15, s. 14. Waiver of fee (5) The Minister may, by order, waive the requi…

37.2 (1) Subject to sections 43 and 44, the Minister may at any time, (a) add a condition to an aggregate permit, rescind or vary a condition of an aggregate permit or amend an aggregate permit in any other way; or (b) require a permittee to amend the site plan or to submit a new site plan. 2019, c. 14, Sched. 15, s. 15. Application by permittee (2) The holder of an aggregate permit may apply to the Minister at any time, (a) to have a condition added to the permit, to have a condition of the permit rescinded or varied or to have the permit amended in any other way; or (b) to request the Minister’s written approval of an amendment to the site plan or of a new site plan. 2019, c. 14, Sched. 15, s. 15. Same (3) The holder of an aggregate permit shall prepare and submit an application under subsection (2) in accordance with the regulations and shall pay any prescribed application fee. 2019, …

38 The Minister, if of the opinion that it is in the public interest, may authorize a public authority with a project that requires aggregate or topsoil or any person who has a contract with a public authority for such a project to excavate and remove undisturbed aggregate or topsoil in the ground that is the property of the Crown from a site that is subject to an aggregate permit. R.S.O. 1990, c. A.8, s. 38.

39 Repealed: 1996, c. 30, s. 35. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 35 - 27/06/1997

40 Every aggregate permittee shall carry on the operation in accordance with this Act, the regulations, the site plan, if any, and the conditions of the permit. R.S.O. 1990, c. A.8, s. 40.

40.1 (1) Every holder of an aggregate permit shall submit an annual report to the Minister for the purpose of assessing the permittee’s compliance with this Act, the regulations, a site plan and the conditions of the permit. 2017, c. 6, Sched. 1, s. 32 (1). Same (2) The holder of an aggregate permit shall prepare and submit an annual compliance report in accordance with the regulations. 2017, c. 6, Sched. 1, s. 32 (1). Retention of reports (3) The permittee shall retain a copy of every report submitted under this section during the term of the permit. 1996, c. 30, s. 36. Examination (4) Any person may examine an annual compliance report during the Ministry’s normal office hours and, on payment of such fee as may be established by the Minister, the person is entitled to a copy of the report. 1996, c. 30, s. 36. Disclosure of contravention (5) If an annual compliance report discloses a con…

41 (1) On application, the Minister may transfer an aggregate permit. 2017, c. 6, Sched. 1, s. 33. Transfer without consent (2) If an application for a transfer is made by a person other than the permittee, the Minister may transfer the aggregate permit without the consent of the permittee if, (a) the permittee is insolvent; (b) the permittee is an individual who is deceased and the estate has been wound up and the executor of the estate discharged; (c) the permittee is a corporation that has been wound up or dissolved; or (d) it is, in the Minister’s opinion, in the public interest to do so. 2017, c. 6, Sched. 1, s. 33. Application fee (3) An applicant for the transfer of an aggregate permit shall pay any prescribed application fee. 2017, c. 6, Sched. 1, s. 33. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 37 - 27/06/1997 2017, c. 6, Sched. 1, s. 33 - 01/09/2020

41.1 (1) The Minister may accept the surrender of an aggregate permit on being satisfied that the permittee’s annual aggregate permit fees and rehabilitation security payments, and special payments if applicable, have been paid and that the rehabilitation has been performed in accordance with this Act, the regulations, the site plan, if any, and the conditions of the permit. 1996, c. 30, s. 37. Fee (2) The permittee shall pay any fee that may be prescribed for requests made to the Minister for his or her acceptance of the surrender of an aggregate permit under subsection (1). 2017, c. 6, Sched. 1, s. 34. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 37 - 27/06/1997 2017, c. 6, Sched. 1, s. 34 - 10/05/2017

42 The Minister may, (a) refuse to issue an aggregate permit; (b) refuse to transfer an aggregate permit; or (c) revoke an aggregate permit,

if, (d) the Minister considers the issuance, transfer or continuation of the permit to be contrary to the public interest; (e) in the opinion of the Minister, a substantial amount of aggregate or topsoil has not been removed from the site under the permit during the previous twelve months; (f) the permittee has contravened this Act, the regulations, a site plan or a condition to which the permit is subject; or (g) in the case of the revocation of an aggregate permit, (i) the permittee is insolvent, (ii) the permittee is an individual who is deceased and the estate has been wound up and the executor of the estate discharged, or (iii) the permittee is a corporation that has been wound up or dissolved. R.S.O. 1990, c. A.8, s. 42; 1996, c. 30, s. 38; 2017, c. 6, Sched. 1, s. 35. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 38 (1, 2) - 27/06/1997 2017, c. 6, Sched. 1, s. 35 -…

43 (1) If the Minister, (a) refuses to issue an aggregate permit to excavate aggregate or topsoil that is not the property of the Crown; (b) revokes an aggregate permit; (c) Repealed: 1996, c. 30, s. 39 (1). (d) Repealed: 1996, c. 30, s. 39 (1). (e) proposes to amend an aggregate permit under clause 37.2 (1) (a); or (f) proposes to require the holder of an aggregate permit to amend a site plan or submit a new site plan under clause 37.2 (1) (b), the Minister shall serve forthwith notice thereof including the reasons therefor upon the applicant or permittee. R.S.O. 1990, c. A.8, s. 43 (1); 1996, c. 30, s. 39 (1); 2017, c. 6, Sched. 1, s. 36 (1). Same, transfer without consent (1.1) If the Minister proposes to transfer an aggregate permit to an applicant without the consent of the permittee, the Minister shall serve forthwith notice of the proposal, including reasons, to the permittee. 201…

44 (1) An applicant or aggregate permittee who is served with a notice mentioned in subsection 43 (1) is entitled to a hearing by the Tribunal if the applicant or permittee, within thirty days after being served, serves the Minister with a notice that a hearing is required. R.S.O. 1990, c. A.8, s. 44 (1); 2017, c. 8, Sched. 17, s. 4 (5). Application (1.1) Subsection (1) does not apply if, (a) the aggregate permit is revoked because of a contravention of section 37.1 or subsection 46 (2) or (2.1); or (b) the aggregate permit is revoked under subclause 42 (g) (ii) or (iii). 2017, c. 6, Sched. 1, s. 37 (1); 2019, c. 14, Sched. 15, s. 16. Hearing (2) The Minister, if served with a notice under subsection (1), shall, within thirty days after being served, refer the matter to the Tribunal for a hearing. R.S.O. 1990, c. A.8, s. 44 (2); 2017, c. 8, Sched. 17, s. 4 (5). Recommendation by Tribunal…

45 (1) The Minister may suspend an aggregate permit for any period of time, (a) for any contravention of this Act, the regulations, the site plan or the conditions of the permit; or (b) if, in the opinion of the Minister, the continuation of the operation under the permit will likely cause damage to property or is contrary to the public interest. R.S.O. 1990, c. A.8, s. 45 (1); 1996, c. 30, s. 41. Time of taking effect (2) The suspension shall be effective as soon as the required notice is served upon the permittee. R.S.O. 1990, c. A.8, s. 45 (2). Notice of suspension (3) Notice of a suspension of an aggregate permit, including the reasons therefor, shall be served upon the permittee. R.S.O. 1990, c. A.8, s. 45 (3). Further particulars of notice (4) The notice of suspension shall inform the aggregate permittee of the period of the suspension, of the action the permittee must take or desi…

46 (1) The Minister shall determine the royalty per tonne that each aggregate permittee removing from the site aggregate or topsoil that is property of the Crown must pay, but in no case shall the royalty be less than the prescribed minimum royalty, and, in determining the royalty, the Minister shall have regard to the location, quantity, type and accessibility of the aggregate or topsoil and its intended use. R.S.O. 1990, c. A.8, s. 46 (1). Same, mining lease (1.1) The royalty payable under this section shall be paid even if the aggregate is excavated from land that is subject to a mining lease. 2017, c. 6, Sched. 1, s. 38 (1). Return (2) Every aggregate permittee shall make a return, in accordance with the regulations, to the Trust or to such other person or entity as may be prescribed showing the quantity of material removed from the site. 2006, c. 19, Sched. P, s. 1 (3); 2017, c. 6, …

46.1 (1) The Minister may authorize any employee or class of employees of the Ministry of Transportation to exercise any power or perform any duty that is granted to or vested in the Minister under this Part. 1996, c. 30, s. 43. Limitations (2) The Minister may limit an authorization made under subsection (1) in such manner as he or she considers advisable. 1996, c. 30, s. 43. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 43 - 27/06/1997

PART VI REHABILITATION

47 This Part does not apply to a pit or quarry or part thereof that is covered by water that is not the result of excavation of aggregate below the water table. R.S.O. 1990, c. A.8, s. 47.

48 (1) Every licensee and every permittee shall perform progressive rehabilitation and final rehabilitation on the site in accordance with this Act, the regulations, the site plan and the conditions of the licence or permit to the satisfaction of the Minister. R.S.O. 1990, c. A.8, s. 48 (1). Rehabilitation report (1.1) Every licensee and every permittee shall submit reports on the progressive rehabilitation and final rehabilitation of the site at the prescribed times and shall prepare and submit the reports in accordance with the regulations. 2017, c. 6, Sched. 1, s. 39. Minister’s order requiring rehabilitation (2) On being satisfied that a person is not performing or did not perform adequate progressive rehabilitation or final rehabilitation on the site in accordance with subsection (1), the Minister may order the person to perform, within a specified period of time, such progressive r…

49 Repealed: 1999, c. 12, Sched. N, s. 1 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 1 (2) - 22/12/1999

50 (1) Licensees and permittees shall make rehabilitation security payments in the prescribed amounts and within the prescribed times. 1996, c. 30, s. 45. Newly designated lands, special payments (2) When a regulation is made under subsection 5 (2) designating a part of Ontario that was not previously designated, the Lieutenant Governor in Council may, by a regulation made at the same time as the regulation under subsection 5 (2), require the holders of licences and permits relating to sites in the newly designated area to make special payments, in the prescribed amounts and within the prescribed times, in addition to their rehabilitation security payments. 1996, c. 30, s. 45. Payments to Trust (3) Rehabilitation security payments and special payments shall be paid to the Trust or to such other person or entity as may be prescribed, in accordance with the regulations. 1996, c. 30, s. 45;…

51 Repealed: 1996, c. 30, s. 45. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 45 - 27/06/1997

52 Repealed: 1996, c. 30, s. 45. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 45 - 27/06/1997

53 Repealed: 1996, c. 30, s. 45. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 45 - 27/06/1997

54 Repealed: 1996, c. 30, s. 45. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 45 - 27/06/1997

55 (1) A licensee, permittee, former licensee or former permittee who does not, without this subsection, have the right to enter upon a site not rehabilitated in accordance with this Act, the regulations, the site plan and the conditions of the licence or permit may enter upon the site and perform such rehabilitation as the Minister considers necessary. R.S.O. 1990, c. A.8, s. 55 (1). (2) Repealed: 1996, c. 30, s. 46. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 46 - 27/06/1997

56 Repealed: 1996, c. 30, s. 47. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 47 - 27/06/1997

PART VII OFFENCES AND PENALTIES

57 (1) Every person who operates a pit or quarry except under the authority of a licence or permit is guilty of an offence. R.S.O. 1990, c. A.8, s. 57 (1). Application (1.1) Subsection (1) does not apply if the person is authorized under subsection 7 (1.1) or subsection 34 (1.1) or (7) to operate the pit or quarry without an aggregate licence or permit, as the case may be. 2017, c. 6, Sched. 1, s. 41 (1). Contravention of licence, permit or site plan (2) Every person who contravenes or permits the contravention of the site plan or a condition of the licence or permit is guilty of an offence. R.S.O. 1990, c. A.8, s. 57 (2). Contravention of Act or regulations (3) Every person who contravenes this Act or the regulations is guilty of an offence. R.S.O. 1990, c. A.8, s. 57 (3). Contravention of inspector’s order (3.1) Every person who contravenes or fails to comply with an inspector’s order …

58 (1) Every person who commits an offence under section 57 is liable on conviction to a fine of not more than $1,000,000 and an additional fine of not more than $100,000 for each day or part of a day on which the offence occurs or continues. 2017, c. 6, Sched. 1, s. 42. Penalty increased by monetary benefit (2) The maximum fine provided under subsection (1) may be increased by an amount equal to the amount of the monetary benefit acquired by or that accrued to the convicted person as a result of the commission of the offence. R.S.O. 1990, c. A.8, s. 58 (2). Section Amendments with date in force (d/m/y) 1996, c. 30, s. 49 - 27/06/1997 2017, c. 6, Sched. 1, s. 42 - 10/05/2017

59 In any prosecution under this Act, the court may, in addition to imposing a fine under section 58, make such order as the court considers proper to obtain compliance with this Act, the regulations, the site plan or any condition of a licence or permit. R.S.O. 1990, c. A.8, s. 59.

59.1 A proceeding in respect of an offence under section 57 shall not be commenced more than five years after the date on which the offence was, or is alleged to have been, committed. 1996, c. 30, s. 50. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 50 - 27/06/1997

PART VIII (ss. 60 and 61) Repealed: 1996, c. 30, s. 51. Section Amendments with date in force (d/m/y) 1996, c. 30, s. 51 - 27/06/1997

PART IX MISCELLANEOUS

62 (1) Every licensee and permittee shall keep, for a period of seven years, detailed records of the operation for which the licence or permit has been issued, including copies of all documents relating to quantities of material removed from the site, inventories of material on the site, sales and shipments and any other prescribed records. 2006, c. 19, Sched. P, s. 1 (5); 2017, c. 6, Sched. 1, s. 43 (1). Inspection of records (2) Every licensee or permittee shall make available for inspection by any person authorized for the purpose of this Act all the records required to be kept under subsection (1). R.S.O. 1990, c. A.8, s. 62 (2). Report on records (3) If required by regulation to do so, every licensee or permittee shall prepare reports on records kept under this section and submit them to the Minister at such times as may be specified by regulation. 2017, c. 6, Sched. 1, s. 43 (2). S…

62.1 Within 14 days after a licensee or permittee changes his or her name, address or other prescribed contact information, the licensee or permittee shall give notice of the change to the prescribed person in the prescribed manner. 2019, c. 7, Sched. 1, s. 1. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. L, s. 1 (6) - 06/12/2000 2017, c. 6, Sched. 1, s. 44 - no effect - see 2019, c. 7, Sched. 1, s. 2 - 29/05/2019 2019, c. 7, Sched. 1, s. 1 - 01/09/2020