O. Reg. 269/17: GENERAL
filed July 5, 2017 under Aggregate Resources Act, R.S.O. 1990, c. A.8
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made under the
Aggregate Resources Act
Made: June 28, 2017
Filed: July 5, 2017
Published on e-Laws: July 5, 2017
Printed in The Ontario Gazette: July 22, 2017
Amending O. Reg. 244/97
(GENERAL)
1. (1) Clause 2 (1) (a) of Ontario Regulation 244/97 is amended by striking out “previous year” and substituting “previous calendar year”.
(2) Clause 2 (1) (b) of the Regulation is amended by striking out “previous year” and substituting “previous calendar year”.
(3) Subsection 2 (1) of the Regulation, as amended by subsections (1) and (2), is revoked and the following substituted:
(1) Subject to the annual indexation adjustment under section 4.1, every licensee shall pay, on or before March 15, 2019 and on or before March 15 of each subsequent year,
(a) in the case of a Class A licence, an annual fee in an amount equal to the greater of,
(i) $689, or
(ii) 19.8 cents per tonne for each tonne of aggregate that was excavated at the site of a pit or quarry during the previous calendar year or earlier, and removed from the site during the previous calendar year; and
(b) in the case of a Class B licence, an annual fee in an amount equal to the greater of,
(i) $344, or
(ii) 19.8 cents per tonne for each tonne of aggregate that was excavated at the site of a pit or quarry during the previous calendar year or earlier, and removed from the site during the previous calendar year.
(4) Subsections 2 (2) and (3) of the Regulation are revoked.
2. The Regulation is amended by adding the following section:
2.1 Subject to the annual indexation adjustment under section 4.1, every holder of a wayside permit issued on or after January 1, 2018 shall pay, at the time the permit is issued, a fee of 19.8 cents per tonne based on the maximum number of tonnes of aggregate that the permit authorizes to be excavated at the site of a pit or quarry and removed from the site or $689, whichever is greater.
3. The Regulation is amended by adding the following section:
2.2 (1) Subject to the annual indexation adjustment under section 4.1, every holder of an aggregate permit shall pay, on or before March 15, 2019 and on or before March 15 of every subsequent year,
(a) in the case of a permit authorizing the excavation or removal of 20,000 tonnes or less of aggregate or topsoil from the site annually, an annual fee in an amount equal to the greater of $344 and either,
(i) 19.8 cents per tonne for each tonne of aggregate or topsoil excavated at the site of a pit or quarry during the previous calendar year or earlier, and removed from the site in the previous calendar year, or
(ii) if the circumstances described in subsection (2) or (4) exist, the amount determined under subclause (i) as reduced in accordance with subsection (3) or (4); or
(b) in the case of a permit authorizing the excavation or removal of more than 20,000 tonnes of aggregate or topsoil from the site annually, an annual fee in an amount equal to the greater of $689 and either,
(i) 19.8 cents per tonne for each tonne of aggregate or topsoil excavated at the site of a pit or quarry during the previous calendar year or earlier, and removed from the site in the previous calendar year, or
(ii) if the circumstances described in subsection (2) or (4) exist, the amount determined under subclause (i) as reduced in accordance with subsection (3) or (4).
(2) For the purpose of determining the amount of an annual fee payable under this section, the amount determined under subclause (1) (a) (i) or (1) (b) (i), as the case may be, shall be reduced in accordance with subsection (3) if the holder of the aggregate permit is a person other than the Crown and all of the following circumstances exist:
1. The area of the site at which the aggregate or topsoil was excavated is located in an unorganized territory or in a single-tier municipality other than a designated single-tier municipality.
2. The aggregate or topsoil that was excavated is Crown property.
3. The aggregate or topsoil that was excavated is supplied for,
i. in the case of either aggregate or topsoil, a project of the Province of Ontario, or
ii. in the case of aggregate but not topsoil, the construction or maintenance of roads for forest management purposes on land owned by the Crown and open for public use.
4. The purchase price of the aggregate or topsoil supplied does not include an amount on account of the fee.
(3) The amount of a reduction to the amount determined under subclause (1) (a) (i) or (1) (b) (i), as the case may be, shall be equal to,
(a) twenty-five thirty-thirds of the amount, if the area of the site at which the aggregate or topsoil was excavated is located within an unorganized territory; or
(b) five thirty-thirds of the amount, if the area of the site at which the aggregate or topsoil was excavated is located within a single-tier municipality, other than a designated single-tier municipality.
(4) For the purposes of determining the amount of an annual fee payable under this section, the amount of a reduction to the amount determined under subclause (1) (a) (i) or (1) (b) (i), as the case may be, shall be one of the following if the holder of the aggregate permit is the Crown:
1. A reduction of seven thirty-thirds of the amount.
2. The reduction provided for under paragraph 1 plus,
i. a reduction of twenty-five thirty-thirds of the amount, if the area of the site at which the aggregate or topsoil was excavated is located within an unorganized territory, or
ii. a reduction of five thirty-thirds of the amount, if the area of the site at which the aggregate or topsoil was excavated is located within a single-tier municipality other than a designated single-tier municipality.
(5) In this section,
“designated single-tier municipality” means,
(a) the County of Brant,
(b) the City of Brantford,
(c) the Municipality of Chatham-Kent,
(d) the City of Greater Sudbury,
(e) Haldimand County,
(f) the City of Hamilton,
(g) the City of Kawartha Lakes,
(h) Norfolk County,
(i) the City of Ottawa,
(j) the Township of Pelee, and
(k) Prince Edward County.
4. Section 3 of the Regulation is revoked and the following substituted:
3. (1) A fee payable under sections 2, 2.1 and 2.2 shall be disbursed as follows:
1. One thirty-third to the Trust for purposes of rehabilitation and research as described in paragraphs 2 and 3 of subsection 6.1 (2) of the Act.
2. If the fee relates to aggregate or topsoil excavated at an area of a site situated in a lower-tier municipality or a single-tier municipality other than a designated single-tier municipality within the meaning of section 2.2, twenty thirty-thirds to the local municipality.
3. If the fee relates to aggregate or topsoil excavated at an area of a site situated in an upper-tier municipality, five thirty-thirds to the upper-tier municipality.
4. If the fee relates to aggregate or topsoil excavated at an area of a site situated in a designated single-tier municipality within the meaning of section 2.2, twenty-five thirty-thirds to the designated single-tier municipality.
5. The remainder to the Crown.
(2) If the amount of an annual fee payable for an aggregate permit is reduced under subsection 2.2 (3) or (4), the percentage of the fee disbursed to the Trust under subsection (1) or to a single-tier municipality under paragraph 2 of subsection (1) shall be based on the amount of the fee determined as though the reduction did not apply.
5. (1) Subsection 4 (1) of the Regulation is revoked and the following substituted:
(1) Subject to the annual indexation adjustment under section 4.1, the minimum royalty for purposes of subsection 46 (1) of the Act is 50 cents per tonne of aggregate or topsoil that is the property of the Crown and is removed from the site of a pit or quarry during the previous calendar year.
(2) Section 4 of the Regulation is amended by adding the following subsection:
(1.1) Despite subsection (1), the minimum royalty for the purposes of subsection 46 (1) of the Act that is payable per tonne for aggregate, other than sand or gravel, that is property of the Crown and removed from land that is subject to a mining lease that was entered into before May 10, 2017 shall be,
(a) 16.7 cents per tonne, in the case of aggregate excavated from the land in 2018 or earlier, and removed from the land in 2018; and
(b) 33.3 cents per tonne, in the case of aggregate excavated from the land in 2019 or earlier, and removed from the land in 2019, subject to the annual indexation adjustment under section 4.1.
(3) Subsection 4 (3) of the Regulation is amended by striking out “timber” and substituting “forest”.
6. The Regulation is amended by adding the following section:
4.1 (1) The fees and royalties payable under this Regulation shall be adjusted annually in accordance with this section.
(2) The annual adjustment of fees and royalties applies starting in 2020, except in the case of a fee for a wayside permit payable under section 2.1, which shall be adjusted annually starting in 2019.
(3) The following amounts that are used to determine the amount of a fee or the minimum royalty payable under this Regulation shall be adjusted in accordance with subsection (4):
1. The rate of 19.8 cents per tonne specified in subclauses 2 (1) (a) (ii) and 2 (1) (b) (ii), section 2.1 and subclauses 2.2 (1) (a) (i) and 2.2 (1) (b) (i).
2. The fee of $689 specified in clause 2 (1) (a), section 2.1 and clause 2.2 (1) (b).
3. The fee of $344 specified in clauses 2 (1) (b) and 2.2 (1) (a).
4. The rate of 50 cents per tonne specified in subsection 4 (1).
5. The rate of 33.3 cents per tonne specified in clause 4 (1.1) (b).
(4) The annual adjustment of fees and royalties payable under this Regulation shall be determined as follows:
1. The amounts referred to in subsection (3), as they may have been adjusted and applied in the previous calendar year, shall be adjusted by the percentage change in the Ontario Consumer Price Index for all Ontario (All-Items) as reported monthly by Statistics Canada under the authority of the Statistics Act (Canada), averaged over the 12-month period that ends on September 30 of the previous calendar year.
2. The adjusted amounts determined under paragraph 1 shall be,
i. rounded to the nearest tenth of one cent, if the amount is expressed in cents, or
ii. rounded to the nearest dollar, if the amount is expressed in dollars.
(5) Despite subsections (1) and (4), if the percentage change determined under paragraph 1 of subsection (4) for a given calendar year is negative, the fees or royalties payable under this Regulation for the calendar year shall remain at the same level as for the previous calendar year.
(6) The Ministry shall, on or before January 1 of any given year, post a list of the amounts referred to in subsection (3), as adjusted under this section, on a website maintained by the Trust or by the Government of Ontario.
Commencement
7. (1) Subject to subsection (2), this Regulation comes into force on January 1, 2018.
(2) Subsection 1 (3) and sections 3, 4 and 6 come into force on January 1, 2019.